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HomeMy WebLinkAbout40357-100815 - 40736-1219161 ' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8" day of October, 2015. No. 40357 - 100815. A RESOLUTION memorializing the late Robert Harold Bird, former Municipal Auditor for the City of Roanoke and longtime resident of Roanoke. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Bird on Wednesday, August 5, 2015; WHEREAS, Mr. Bird was born on October 5, 1944, in Charleston, West Virginia to the late John Robert (JR) and Corlota Moore Bird; WHEREAS, Mr. Bird began working for the City of Roanoke in September 1980 as a Programmer I in the City Information Systems (CIS) Department; WHEREAS, in June 1981, Mr. Bird joined the Municipal Auditing Department as an auditor and, after one year, returned to CIS as a Quality Assurance Analyst; ' WHEREAS, Mr. Bird held several positions in CIS and returned to Municipal Auditing in November 1986 as an EDP Auditor; WHEREAS, in May 1987, Mr. Bird was promoted to Assistant Municipal Auditor and appointed to the position of Municipal Auditor in February 1991,after the retirement of Municipal Auditor William L. Brogan; WHEREAS, Mr. Bird was a Certified Internal Auditor, a CISA - Certified Information Systems Auditor, a member of the Institute of Internal Auditors, and a charter member of the Virginia Local Government Auditors Association; WHEREAS, after 21 years of service to the City, Mr. Bird retired as the Municipal Auditor for the City of Roanoke on September 28, 2001; WHEREAS, Mr. Bird was a Scouter with Troop and Pack 5 of the Blue Ridge Mountains Council for nearly 30 years, and proudly helped 17 Boy Scouts reach the rank of Eagle Scout; WHEREAS, Mr. Bird worked for many years after retirement at Camp Ottar teaching woodcarving and helping wherever he could; WHEREAS, Mr. Bird was a longtime member of Saint James Episcopal Church, ' and served in a wide range of roles for his church, including his active service on the vestry and role as treasurer; K WHEREAS, Mr. Bird also worked on many community projects including the reclamation of Springwood Burial Park. 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 Robert Harold Bird, and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Bird's widow, Ann Duxbury Bird. APPROVED ATTEST: Stephanie Mr M00%R:;�o ld s, MM C David Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, 3 The 8" day of October, 2015. No. 40358 - 100815. A RESOLUTION authorizing acceptance of the State Criminal Alien Assistance Program (SCARP) Grant made to the City of Roanoke Sheriffs Department by the Bureau of Justice Assistance Office in conjunction with the U. S. Department of Homeland Security, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept the State Criminal Alien Assistance Program (SCARP) Grant in the amount of $12,240.00 to the Roanoke City Sheriffs Department to partially fund the purchase a new inmate transport vehicle. Such grant being more particularly described in the City Council Agenda Report dated October 8, 2015. 2. The Sheriff and the City Manager are hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the grant in a J form approved by the City Attorney. 3 3. The Sheriff and the City Manager are further directed to furnish such additional information as may be required by the Bureau of Justice Assistance Office in connection with the acceptance of the foregoing grant. e. APPROVED ATTEST: Stephanie M. M Ids, MDavid A. owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8'" day of October, 2015. No. 40359-100815. AN ORDINANCE to appropriate funding from the Federal government for the State Criminal Alien Assistance Program (SCARP), 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 Vehicular Equipment 35- 140 -5921 -9010 $12,240.00 Revenues SCAAP FYI 35- 140 - 5921 -5921 12,240.00 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 0 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, 0 The 8'b day of October, 2015. No. 40360-100815. AN ORDINANCE approving certain changes and modifications to the Contract for Purchase and Sale of Real Property dated February 28, 2014, by and between the City of Roanoke, Virginia, and Northwest Recreation Club, Inc. ( "Contract'), and under the terms of the Contract, Northwest Recreation Club, Inc. assigned its rights and obligations as buyer to Countryside Sportsplex, Inc. ( "Countryside "), to extend the time Countryside has to meet certain performance obligations and conditions imposed on Countryside under the terms of the Contract; authorizing the City Manager to execute Amendment No. 1 to the Contract to provide for such extension of time; and dispensing with the second reading of this Ordinance by title. WHEREAS, the City, as seller, and Northwest Recreation Club, Inc., as buyer ( "Buyer') entered into the Contract for the sale of certain City-owned property fronting along Highland Farm Road, N. W., Roanoke, Virginia, not to exceed the amount of 3.60 acres, which property included a former tennis facility building ('Property'), as authorized by Ordinance No. 39868 - 021814, adopted by City Council on February 18, 2014; WHEREAS, the Contract provided that all proposed improvements for the Buyers contemplated use of the Property would be completed within 450 days after the real estate closing date; WHEREAS, by Agreement dated June 27, 2014, the Buyer assigned all of its rights and obligations under the Contract to Countryside; WHEREAS, the City and Countryside closed the Property on July 30, 2014; WHEREAS, Countryside, has informed the City that it has encountered several delays in completing the proposed improvements on the Property pursuant to the terms of the Contract as a result of many issues it has encountered, including drainage issues at the Property, and has requested that the City amend the Contract to extend the time Countryside has to complete the performance obligations and conditions under the terms of the Contract, including completing the proposed improvements on the Property, from 450 days after the closing date until a date no later than July 29, 2016; and WHEREAS, City staff recommends that City Council authorize such Amendment No. 1. 5 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the changes and modifications to the Contract to extend the time Countryside has to complete the performance obligations and conditions under the Contract, including completing the proposed improvements on the Property, from 450 days after the closing date until on or before than July 29, 2016; upon such other terms as more fully described in the City Council Agenda Report dated October 8, 2015, to this Council, and the proposed Amendment No. 1, which is an attachment to such Report. 2. The City Manager is hereby authorized to execute Amendment No. 1 to the Contract, substantially similar to Amendment No.1 attached to the City Council Agenda Report dated October 8, 2015, to provide for such extension of time, and to take such additional actions as may be necessary to provide for the implementation, administration, and enforcement of Amendment No. 1. All 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: Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8t" day of October, 2015. No. 40361-100815. A RESOLUTION supporting an application and authorizing the City Manager to submit such application to the Virginia Department of Transportation (VDOT) for funds from VDOT's Revenue Sharing Program in the amount of $10,000,000.00 for FY 2017 for certain projects; and authorizing the City Manager to take certain actions in connection with such projects. 6 WHEREAS, the City of Roanoke desires to submit an application for an 4 allocation of funds up to $10,000,000.00 for any funds provided by VDOT for the projects referred to in the City Council Agenda Report dated October 8, 2015, to this Council, and which will require the City to provide matching funds of $10,000,000.00. THEREFORE, BE IT RESOLVED BY THE Council of the City of Roanoke that: 1. The City Council hereby supports the application referred to herein and hereby authorizes the City Manager to submit such application to VDOT for funds from VDOT's Revenue Sharing Program for FY 2017 in the amount of $10,000,000.00 for the following seven projects: a. 10' Street Road Widening Improvement (New Construction). b. Citywide Storm Drain Improvements. C. Colonial Avenue Improvements. d. Citywide Curb, Gutter, and Sidewalk (New Construction). e. Garden City Boulevard Trail from Riverland Road to 9" Street. f. Orange Avenue /King Street Intersection Improvements. g. Berkeley Bridge Replacement. h. Citywide Bridge Maintenance. L Citywide Sidewalk Maintenance. j. Annual Citywide Street Paving Program (Resurfacing). 2. The City Manager is further authorized to take such further actions and execute such further documents, approved as to form by the City Attorney, as may be necessary to submit the above application and to furnish such additional information as may be required for such application. APPROVED ATTEST: Stephanie M. Moon Reyno eKlavid A Bowers City Clerk __— -- Mayor 7 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 81h day of October, 2015. No. 40362-100815. AN ORDINANCE to appropriate funding from the Electronic Summons System Court Fees revenues as enacted by the General Assembly in section 17.1 -279.1 of the Code of Virginia (1950), 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 Project Supplies Other Equipment Revenues Electronic Summons System Court Fees 35- 640 - 3415 -3005 $ 5,000.00 35- 640 - 3415 -9015 50,000.00 35- 640 - 3415 -3415 55,000.00 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: rS�� �1UUY\ Stephanie M. Moon Re Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 81" day of October, 2015. No. 40363-100815. AN ORDINANCE amending and reordaining Section 2 -176, Report of violations of sections 2 -171 — 2 -175: copy of such sections to be filed with depositories, Article VIII, Finance Generally, Chapter 2, Administration, Code of the City of Roanoke (1979), as amended; Section 2 -234, Deputy and assistants, Section 2 -235, General duties, and Section 2 -239, Authority to establish petty cash and change funds, Article XI, Director of [Q Finance, Chapter 2, Administration, Code of the City of Roanoke (1979), as amended; 0 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 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 -176, Report of violations of sections 2 -171 — 2 -175; copy of such sections to be filed with depositories Article VIII, Finance Generally, Chapter 2, Administration Code of the City of Roanoke (1979), as amended, is amended and reordained to read and provide as follows: Sec. 2 -176. Report of violations of sections 2 -171 — 2 -175: copy of such sections to be filed with depositories. The director of finance shall report to the city manager and the council, at each of its regular meetings, any failure on the part of any officer or employee of the city to observe the provisions of sections 2 -171 through 2 -175. A copy of such sections shall be filed with each of the city's depositories. 2. Section 2 -234, Deputy and assistants, Section 2 -235, General duties, and Section 2.239, Authority to establish Dettv cash and chance funds, Article XI, Director of Finance, Chapter 2, Administration Code of the City of Roanoke (1979), as amended, are amended and reordained to read and provide as follows: Sec. 2 -234, Deputy and a6sistantsReserved. 13 0 ' Sec. 2 -235, General duties. The duties of the director of finance shall be as defined and set out in section 25.1 of the Charter and such other duties as may be provided by the council, and as follows:. a) The director of finance shall maintain control of the keeping of all accounts and financial records of the city, in accordance with generally accepted principles of accounting, wherein shall be stated, among other things, the appropriations for the year for each distinct object and branch of expenditures, and also the receipts from each and every source of revenue, so far as it can be ascertained. All such accounts and financial records shall be public records, and shall be subject to the examination of members of the city council or other person or persons required by order of the city manager or ordinance of the council to make such examination. b) The director of finance shall have the power to and shall examine and audit all accounts, claims, and demands for or against the city; and, unless otherwise provided by law or by this charter, no money shall be drawn from the treasury or be paid by the city to any person unless the balance due and payable by the city be first settled and adjusted by the director of finance. c) The director of finance shall draw a check on the treasury for such money as is determined by the director to be due and payable to any person, stating the particular fund or appropriation to which the same is chargeable and the person to whom payable; and no money shall be drawn from the treasury except on the check of the director of finance as aforesaid, countersigned by the city manager. The director of finance is forbidden to issue a check for the payment of any money in excess of the appropriation on account of which such money is drawn. d) It shall be the duty of the director of finance to charge all officers in receipt of revenues or moneys of the city with the whole amount, from time to time, of such receipts. The director shall also require of all officers in receipt of city moneys that they submit reports thereof, with vouchers and receipts of payment therefor into the city treasury, daily, weekly or monthly, or at such times as may be otherwise provided by ordinance of the council; and if any such officer shall neglect to make adjustment of his or her accounts, when required, and to pay over such moneys as received, it shall then be the duty of the director of finance to issue notice in writing, directed to such officer and such officer's surety or sureties, requiring him, her, or them within ten days to make settlement of his, her, or their accounts with the director of finance, and ' to pay over the balance of moneys found to be due and in his, her, or their hands belonging to the city, according to the books of the director of finance; and in case of the refusal or neglect of such officer to adjust his or her 10 accounts or to pay over such balance into the treasury of the city, as required, it shall be the duty of the director of finance to make report of the delinquency of such officer to the council, the city manager, the municipal auditor, and the city attorney. For good cause appearing, the city attorney shall at once take action to have such officer suspended from office, and shall proceed forthwith to institute the necessary proceedings for the removal of such officer from office, and shall institute suit in the name of the city against such officer and his or her surety or sureties to recover the balance of moneys so found by the director of finance to be due belonging to the city. e) No contract, agreement, or other obligation involving the expenditure of money shall be entered into nor shall any ordinance of the council or order of any officer of the city authorizing the city's obligation for expenditure of money be effective until and unless the director of finance shall have certified that the money required for such contract, agreement, obligation, or expenditure is in the city treasury to the credit of the fund from which it is to be drawn, and not appropriated for any other purpose, which certification may be endorsed on or recited in such ordinance, endorsed upon the contract, agreement, or other instrument creating such obligation or upon such order, or may be contained in separate certification filed and preserved in the office of the city clerk; provided, however, that requirement of such certification shall not be applicable to the city's execution or issuance of bonds or notes under § §47, 48, and 49 of the city charter. The sum so certified shall not thereafter be considered unencumbered, until the city is discharged from the contract, agreement, or obligation. For the purpose of the certification required in subsection (e) of this section, all moneys actually in the treasury to the credit of the fund from which they are to be drawn and all moneys applicable to the payment of the obligation or appropriation involved that are anticipated to come into the treasury before the maturity of such contract, agreement, or obligation from taxes, assessments, license fees, or from sales of property or of services, products, or by- products of any city undertaking and all moneys to be derived from lawfully authorized bonds or from other sources, shall be deemed in the treasury to the credit of the appropriate fund and subject to such certification. g) The director of finance shall have all of the duties, responsibilities, powers, and authority heretofore imposed upon or lodged in the city auditor by the Charter or by the ordinances and resolutions of the council heretofore or hereafter adopted prior to the city manager's appointment of a director of finance. 11 ' Sec. 2 -239 — Authority to establish Petty cash and change funds. (b) The director of finance, with the written concurrence of the city manager and municipal auditor, shall promulgate rules and regulations for the establishment, operation, accountability and security of the various petty cash and change funds of the city. +xx 3. This Ordinance shall become effective upon passage. 4. Pursuant to Section 12, Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie e M. Moon R ynolds, e David A. Bowers C City Clerk Mayor `m IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, 0 The 19"' day of October, 2015. No. 40364-101915. A RESOLUTION ratifying the recessing of the Regular Session of City Council scheduled for Monday, October 19, 2015, at 2:00 p.m., by the City Clerk due to a lack of a quorum and agenda items. BE IT RESOLVED by the Council of the City of Roanoke that due to the lack of a quorum and the lack of agenda items at the 2:00 p.m. Regular Session of Council for Monday, October 19, 2015, ratifies and confirms that the meeting was recessed by the City Clerk to the 7:00 p.m. Regular Session of Council for Monday, October 19, 2015. APPROVED ATTEST: `/gyp (� /�<\ie Stephanie M. Moon nol s, MM� �\��'�C��1 A. Bowers City Clerk Mayor ..� IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19" day of October, 2015. No. 40365-101915. 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 ( "Roanoke Gas "), upon certain terms and conditions; and dispensing with the second reading by title of this Ordinance. WHEREAS, pursuant to Ordinance No. 40338 - 090815, adopted on September 8, 2015, City Council authorized the conveyance of 10' wide gas line easement across City owned property, designated as Roanoke Official Tax Map No. 4015003, to Roanoke Gas, in order for Roanoke Gas to supply utility service to the downtown Roanoke Hampton Inn and Suites, WHEREAS, subsequent to the adoption of such ordinance, Roanoke Gas determined that it needed to enlarge the area of such gas line easement, and has requested the City to convey Roanoke Gas a larger easement; and 13 Q WHEREAS, the City desires to convey Roanoke Gas the revised gas line easement for a term not to exceed 40 years, in accordance with Section 15.2 -2100 of the Code of Virginia (1950) as amended. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of the City, to execute the necessary documents providing for the conveyance of a forty (40) year non- exclusive 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 Attorney's Letter to City Council dated October 19, 2015, and the attachment to that letter. 2. All documents necessary for this conveyance shall be in a form approved by the City Attorney. 3. Pursuant to Section 12, Roanoke City Charter, the second reading of this C ordinance by title is hereby dispensed with. APPROVED ATTEST: Vim-' „° Stephanie M. Moon Holds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19"' day of October, 2015. No. 40366-101915. AN ORDINANCE to appropriate funding from the Federal Government and the Commonwealth grants and the Schools General Fund 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: IV Appropriations ■ Food Services Personnel 321 - 320 - 0000 - 0410 - 168K - 85100 - 41162 - 2 - 00 300.00 �U■ Food 321 - 320 - 0000 - 0410 -168K - 65100 - 46602 - 2 - 00 23,382.00 Food Service Supplies 321 - 320 - 0000 - 0410 - 168K - 65100 - 46603 - 2 - 00 1,968.00 Administrative 321 - 320 - 0000 - 0410 - 168K - 65100 - 41182 - 2 - 00 2,431.00 Food Services Personnel 321 - 320 - 0000 - 0050 -168K - 65100 - 41182 - 2 - 00 300.00 Food 321 - 320 - 0000 - 0050 -168K - 65100 - 46602 - 2 - 00 34,476.00 Food Service Supplies 321 - 320 - 0000 - 0050 - 168K - 65100 - 46603 - 2 - 00 2,723.00 Administrative 321 - 320 - 0000 - 0050 - 168K - 65100 - 41182 - 2 - 00 3,906.00 Food Services Personnel 321 - 320 - 0000 - 0300 - 168K - 65100 - 41182 - 2 - 00 300.00 Food 321 - 320 - 0000 - 0300 - 168K - 65100 - 46602 - 2 - 00 15,820.00 Food Service Supplies 321 - 320 - 0000 - 0300 -168K - 65100 - 46603 - 2 - 00 1,260.00 Administrative 321 - 320 - 0000 - 0300 -168K- 65100 - 41182 -2 -00 1,620.00 Food Services Personnel 321 - 320 - 0000 - 0420 - 168K - 65100 - 41182 - 2 - 00 300.00 Food 321 - 320 - 0000 - 0420 -168K - 65100 - 46602 - 2 - 00 18,457.00 Food Service Supplies 321 - 320 - 0000 - 0420 - 168K - 65100 - 46603 - 2 - 00 1,706.00 Administrative 321 - 320 - 0000 - 0420 -168K- 65100 - 41182 -2 -00 1,703.00 Food Services Personnel 321 - 320 - 0000 - 0340 -168K - 65100 - 41182 - 2 - 00 300.00 Food 321 - 320 - 0000 - 0340 - 168K - 65100 - 46602 - 2 - 00 14,925.00 Food Service Supplies 321 - 320 - 0000 - 0340 -168K- 65100- 46603 -2 -00 1,420.00 Administrative 321 - 320 - 0000 - 0340 -168K - 65100 - 41182 - 2 - 00 1,279.00 Food Services Personnel 321 - 320 - 0000 - 0370 - 168K - 65100 - 41182 - 2 - 00 300.00 Food 321 - 320 - 0000 - 0370 - 168K - 65100 - 46602 - 2 - 00 29,651.00 Food Service Supplies 321 - 320 - 0000 - 0370 - 168K - 65100 - 46603 - 2 - 00 2,324.00 Administrative 321- 320 - 0000 - 0370 -168K- 65100- 41182 -2 -00 3,334.00 Food Services Personnel 321 - 320 - 0000 - 0060 - 168K - 65100 - 41182 - 2 - 00 300.00 Food 321 - 320 - 0000 - 0060 -168K - 65100 - 46602 - 2 - 00 14,676.00 Food Service Supplies 321 - 320 - 0000 - 0060 -168K- 65100- 46603 -2 -00 1,216.00 Administrative 321- 320 - 0000 - 0060 -168K- 65100- 41182 -2 -00 1,433.00 Food Services Personnel 321 - 320 - 0000 - 0330 -168K - 65100 - 41182 - 2 - 00 300.00 Food 321 - 320 - 0000 - 0330 - 168K - 65100 - 46602 - 2 - 00 22,188.00 Food Service Supplies 321 - 320 - 0000 - 0330 -168K- 65100- 46603 -2 -00 1,933.00 Administrative 321 - 320 - 0000 - 0330 -168K- 65100- 41182 -2 -00 2,226.00 Food Services Personnel 321 - 320 - 0000 - 0220 - 168K - 65100 - 41182 - 2 - 00 300.00 Food 321 - 320 - 0000 - 0220 - 168K - 65100 - 46602 - 2 - 00 24,427.00 Food Service Supplies 321 - 320 - 0000 - 0220 -168K- 65100- 46603 -2 -00 1,944.00 Administrative 321 - 320 - 0000 - 0220 -168K- 65100 - 41182 -2 -00 1,768.00 Food Services Personnel 321 - 320 - 0000 - 0430 - 168K - 65100 - 41182 - 2 - 00 300.00 Food 321 - 320 - 0000 - 0430 -168K - 65100 - 46602 - 2 - 00 29,153.00 Food Service Supplies 321 - 320 - 0000 - 0430 -168K - 65100 - 46603 - 2 - 00 2,465.00 Administrative 321 - 320 - 0000 - 0430 - 168K - 65100 - 41182 - 2 - 00 5,305.00 Food Services Personnel 321 - 320 - 0000 - 0350 -168K - 65100 - 41182 - 2 - 00 300.00 Food 321 - 320 - 0000 - 0350 - 168K - 65100 - 46602 - 2 - 00 41,292.00 Food Service Supplies 321 - 320 - 0000 - 0350 - 168K - 65100 - 46603 - 2 - 00 3,443.00 Administrative 321 - 320 - 0000 - 0350 -168K- 65100- 41182 -2 -00 1,209.00 Teachers 302 - 110 - 1060 - 0050 - 332K - 61100 - 41121 - 0 - 06 157,500.00 Substitutes 302 -110 - 1060 - 0050 - 332K - 61100 - 41021 - 0 - 06 2,250.00 Site Manager 302 - 110 - 1060- 0050 -332K- 61100- 41124 -0 -06 8,100.00 Social Security 302 - 110 -1060 - 0050 - 332K - 61100 - 42201 - 0 - 06 12,840.00 VRS 302 -110 - 1060 - 0050 - 332K - 61100 - 42202 - 0 - 06 9,993.00 Retiree Health Credit 302 - 110 - 1060 - 0050 -332K- 61100 - 42200 -0 -06 1,164.00 Group Life Insurance 302 - 110- 1060 - 0050 -332K- 61100 - 42205 -0 -06 1,332.00 Contracted 302 -110 - 1060 - 0050 - 332K - 61100 - 43343 - 0 - 06 100,078.00 0 Transportation (Buses) Postage 302 - 110 -1060 - 0050 - 332K - 61100 - 45521 - 0 - 06 289.00 A 15 Printing 302 -110 - 1060 - 0050 - 332K - 61100 - 44450 - 0 - 06 214.00 Teachers 302 - 110- 0420 - 0050 -332K- 61100- 41121 -0 -06 131,250.00 Substitutes 302 - 110 - 0420 - 0050 - 332K - 61100 - 41021 - 0 - 06 3,750.00 Site Manager 302 - 110- 0420 - 0050 -332K- 61100- 41124 -0 -06 13,500.00 Social Security 302 - 110- 0420 - 0050 -332K- 61100- 42201 -0 -06 11,360.00 VRS 302 -110 - 0420 - 0050 - 332K - 61100 - 42202 - 0 - 06 5,304.00 Retiree Health Credit 302 -110 - 0420 - 0050 - 332K - 61100 - 42200 - 0 - 06 618.00 Group Life Insurance 302 - 110 - 0420 - 0050 - 332K - 61100 - 42205 - 0 - 06 707.00 Contracted 302 - 110 - 0420 - 0050 - 332K - 61100 - 43343 - 0 - 06 88,961.00 Transportation (Buses) Postage 302 - 110 - 0420 - 0050 - 332K - 61100 - 45521 - 0 - 06 289.00 Printing 302 - 110 - 0420 - 0050 -332K- 61100 - 44450 -0 -06 214.00 Teachers 302 - 110 - 0350 - 0050 - 332K - 61100 - 41121 - 0 - 06 157,500.00 Substitutes 302 -110 - 0350 - 0050 - 332K - 61100 - 41021 - 0 - 06 2,250.00 Site Manager 302 -110- 0350- 0050 -332K- 61100- 41124 -0 -06 8,100.00 Social Security 302 - 110 - 0350 - 0050 - 332K - 61100 - 42201 - 0 - 06 8,560.00 VRS 302 - 110 - 0350 - 0050 - 332K - 61100 - 42202 - 0 - 06 9,993.00 Retiree Health Credit 302 - 110 - 0350 - 0050 - 332K - 61100 - 42200 - 0 - 06 1,164.00 Group Life Insurance 302 -110- 0350- 0050 -332K- 61100- 42205 -0 -06 1,332.00 Contracted 302 - 110 - 0350 - 0050 - 332K - 61100 - 43343 - 0 - 06 88,961.00 Transportation (Buses) Postage 302 -110 - 0350 - 0050 - 332K - 61100 - 45521 - 0 - 06 289.00 Printing 302- 110 - 0350- 0050 -332K- 61100 - 44450 -0 -06 214.00 Teachers 302 -110 - 0300 - 0050 - 332K - 61100 - 41121 - 0 - 06 90,769.00 Substitutes 302 - 110 - 0300 - 0050 -332K- 61100 - 41021 -0 -06 2,250.00 Site Manager 302 -110 -0300- 0050 -332K- 61100- 41124 -0 -06 8,100.00 Social Security 302 - 110 - 0300 - 0050 - 332K - 61100 - 42201 - 0 - 06 12,840.00 VRS 302 -110 - 0300 - 0050 - 332K - 61100 - 42202 - 0 - 06 9,993.00 Retiree Health Credit 302 - 110 - 0300 - 0050 - 332K - 61100 - 42200 - 0 - 06 1,164.00 Group Life Insurance 302 -110- 0300 - 0050 -332K- 61100- 42205 -0 -06 1,332.00 Contracted 302 -110 - 0300 - 0050 - 332K - 61100 - 43343 - 0 - 06 55,575.00 Transportation (Buses) Postage 302 - 110 - 0300 - 0050 - 332K - 61100 - 45521 - 0 - 06 289.00 Printing 302 -110- 0300 - 0050 -332K- 61100- 44450 -0 -06 214.00 Teachers 302 - 110 - 0340 - 0050 - 332K - 61100 - 41121 - 0 - 06 90,769.00 Substitutes 302 - 110 - 0340 - 0050 - 332K - 61100 - 41021 - 0 - 06 2,250.00 Site Manager 302 -110 -0340- 0050 -332K- 61100- 41124 -0 -06 8,100.00 Social Security 302- 110- 0340 - 0050 -332K- 61100- 42201 -0 -06 12,840.00 VRS 302 - 110 - 0340 - 0050 - 332K - 61100 - 42202 - 0 - 06 9,993.00 Retiree Health Credit 302 - 110 -0340- 0050 -332K- 61100- 42200 -0 -06 1,164.00 Group Life Insurance 302 -110- 0340 - 0050 -332K- 61100- 42205 -0 -06 1,332.00 Contracted 302 - 110 - 0340 - 0050 - 332K - 61100 - 43343 - 0 - 06 50,017.00 Transportation (Buses) Postage 302 -110 - 0340 - 0050 - 332K - 61100 - 45521 - 0 - 06 289.00 Printing 302 -110 - 0340 - 0050 - 332K - 61100 - 44450 - 0 - 06 214.00 Teachers 302 - 110 - 0220 - 0050 - 332K - 61100 - 41121 - 0 - 06 90,769.00 Substitutes 302 -110 - 0220 - 0050 - 332K - 61100 - 41021 - 0 - 06 2,250.00 Site Manager 302 -110- 0220 - 0050 -332K- 61100- 41124 -0 -06 8,100.00 Social Security 302 - 110 - 0220 - 0050 - 332K - 61100 - 42201 - 0 - 06 12,840.00 VRS 302 -110 - 0220 - 0050 - 332K - 61100 - 42202 - 0 - 06 9,993.00 Retiree Health Credit 302 -110- 0220 - 0050 -332K- 61100- 42200 -0 -06 1,164.00 Group Life Insurance 302 - 110 - 0220 - 0050 - 332K - 61100 - 42205 - 0 - 06 1,332.00 Contracted 302 - 110 - 0220 - 0050 -332K- 61100- 43343 -0 -06 41,542.00 Transportation (Buses) Postage 302 - 110 - 0220 - 0050 - 332K - 61100 - 45521 - 0 - 06 289.00 Printing 302- 110 - 0220 - 0050 -332K- 61100 - 44450 -0 -06 214.00 lip Equipment (Security camera system) Technology Hardware Additions Instructional Material Payment of Joint Operations Juvenile Detention Retiree Health Credit Social Security /FICA Virginia Retirement System Health /Dental Insurance State Group Life Insurance Professional Development Mileage Indirect Costs Related Services Instructional Supplies Textbooks/Workbooks Internet Services Technology Utilities Revenues Federal Grant Receipts State Grant Receipts State Grant Receipts Local Match State Grant Receipts Local Match State Grant Receipts State Grant Receipts Commonwealth of VA Local Contribution Other Finance Sources Local Match 302 - 253 - 0000 - 0000 - 375K - 68300 - 48821 - 9 - 00 109,998.00 302 —280 - PASS- 0400 -380K — 68200 —48210 — 3 -01 197,340.00 302 -280 - PASS- 0400 - 380K — 68200 — 46630 -3 - 01 8,580.00 302 -191 — 0000- 0553 -325K -61100 - 47701- 9 -02 41,642.00 302 - 110 - 0000 - 1070 - 316K - 61100 - 41138 - 9 - 09 4,937.00 302 -110- 0000 - 1070 -316K- 61100- 42200 -9 -09 49.00 302 -110 - 0000 - 1070 - 316K - 61100 - 42201 - 9 - 09 378.00 302 - 110 - 0000 -1070 - 316K - 61100 - 42202 - 9 - 09 395.00 302 - 110 - 0000 - 1070 - 316K - 61100 - 42204 - 9 - 09 1,081.00 302 -110- 0000 - 1070 -316K- 61100- 42205 -9 -09 64.00 302 - 110 - 0000 - 1070 - 316K - 61100 - 45554 - 9 - 09 86,000.00 302 -110 - 0000 - 1070 - 316K - 61100 - 45551 - 9 - 09 ( 10,125.00) 302 -110 - 0000 - 1070 - 316K - 61100 - 62000 - 9 - 09 ( 380.00) 302 - 110 - 0000 - 1070 -316K- 61100 - 43313 -9 -09 ( 2,280.00) 302 -110 - 0000 - 1070 - 316K - 61100 - 46601- 9 - 09 ( 5,650.00) 302 - 110 - 0000 - 1070 -316K- 61100 - 46613 -3 -09 ( 1,700.00) 302 - 110 - 0000 -1070 - 316K - 61100 - 45523 - 9 - 09 2,200.00 302 -110 - 0000 - 1070 - 316K - 61100 - 46650 - 3 - 09 ( 23,875.00) 302 —180 — 0000 -1170 - 313J — 64200 — 45511 -3 - 04 3,580.00 321 - 000 - 0000 - 0000 - 168K - 00000 - 38555 - 0 - 00 320,363.00 302 - 000 - 0000 - 0000 - 332K - 00000 - 32421 - 0 - 00 1,356,061.00 302 - 000 - 0000 - 0000 - 375K - 00000 - 32400 - 0 - 00 87,998.00 302 - 000 - 0000 - 0000 - 375K - 00000 - 72000 - 0 - 00 22,000.00 302 —280 -PASS -0400 -380K — 00000 - 32366 - 0- 00 171,600.00 302 —280 —PASS -0400 -380K - 00000 — 72000 -0 - 00 34,320.00 302 - 000 - 0000 - 0553 - 325K - 00000 - 32272 -0 - 00 41,642.00 302 - 000 - 0000 - 0000 - 316K - 00000 - 32220 - 0 - 00 51,094.00 302 — 000 -0000 —1170 - 313J — 0000 — 32229 — 0 -00 21,993.00 302 — 000 -0000 —1170 - 313J — 0000 — 33802 — 0 -00 4,650.00 302 — 000 —LMAT -1170 - 313J — 00000 -72000 — 0 -00 ( 23,063.00) 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 4eynolds, MMC David A. Bowers City Clerk Mayor 17 ' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 191" day of October 2015. No. 40367-101915. A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session of the National League of Cities Congress of Cities and Exposition. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Honorable Raphael Ferris, Council Member, is hereby designated Voting Delegate on behalf of the City of Roanoke, Virginia, for the Business Session for the Annual National League of Cities Congress of Cities and Exposition to be held on Saturday, November 7, 2015, in Nashville, Tennessee. 2. The Honorable Anita Price, Council Member, is hereby designated Alternate Voting Delegate on behalf of the City of Roanoke, Virginia, for the Business Session for the Annual National League of Cities Congress of Cities and Exposition to be held on Saturday, November 7, 2015, in Nashville, Tennessee. ' 3. The City Clerk is directed to take any action required by the National League of Cities with respect to certification of the City's official Voting Delegate and Alternate Voting Delegate. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19x' day of October, 2015. No. 40368-101915. AN ORDINANCE to rezone certain property located at 3302 Franklin Road, S. W., from R -12, Residential Single - Family District, to MX, Mixed Use District, subject to a certain condition proffered by the applicant; and dispensing with the second reading of this ordinance by title. WJ WHEREAS, Franklin Road Properties, LLC, has made application to the Council of the City of Roanoke, Virginia ( "City Council'), to have the property located at 3302 Franklin Road, S. W., bearing Official Tax Map No. 1300121, rezoned from R -12, Residential Single - Family District, to MX, Mixed Use District, subject to a certain condition; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on October 19, 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. 1300121 located at 3302 Franklin Road, S.W., be, and is hereby, rezoned from R -12, Residential Single - Family District, to MX, Mixed Use District, subject to a certain condition proffered by the applicant, as set forth in the Zoning Amendment Amended Application No. 1 dated September 18, 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 pnolds, MM David A. Bowers City Clerk Mayor 19 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'" day of October, 2015. No. 40369-101915. AN ORDINANCE to rezone certain properties located at 2514 and 2518 Williamson Road, 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, Hunter Real Estate Group, LLC, has made application to the Council of the City of Roanoke, Virginia ( "City Council'), to have the properties located at 2514 and 2518 Williamson Road, N. E., bearing Official Tax Map Nos. 3090227 and 3090225, respectively, rezoned from CN, Commercial Neighborhood District, to CG, Commercial - General 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; C WHEREAS, a public hearing was held by City Council on such application at its meeting on October 19, 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 Nos. 3090227 and 3090225 located at 2514 and 2518 Williamson Road, N. E., respectively, 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 Original Application No. 1 dated August 31, 2015. 20 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: APPROVED Stephanie M. Moon Re olds, kfMC w David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19� day of October, 2015. No. 40370-101916. AN ORDINANCE correcting an error removing the right to have the accessory use "Home occupation, personal service" in certain residential districts in accordance with Section 36.2 -311, Use table for residential districts, of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended; 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: Sec. 36.2 -311. Use table for residential districts. 2. This ordinance will become effective immediately upon adoption. RA R Supplemental Regulation ]Section aAccessoryUsas P P P P P P P P 36.2 4 13 2. This ordinance will become effective immediately upon adoption. 21 Q 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, 1M7 David Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19"' day of October, 2015. No. 40371 - 101915. AN ORDINANCE to amend §36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to amend the Institutional Planned Unit Development Plan, as it pertains to 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 Gruen Road, S. W., bearing Official Tax Map Nos. 5470301, 5470303, 5470304, 5470305; and three unaddressed lots on Van Winkle Road, S .W., bearing Official Tax Map Nos. 5470306, 5470307, 5470308; and dispensing with the second reading of this ordinance by title. WHEREAS, PRMC, LLC, has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to amend the Institutional Planned Unit Development Plan ('Plan "), to permit construction of buildings housing a memory care facility and assisted living facility for seniors as previously permitted by Ordinance No. 40190- 031615, adopted by City Council on March 16, 2015, as such Plan pertains to the parcels bearing Official Tax Map Nos. 5460124, 5470301, 5470302, 5470303, 5470304, 5470305, 5470306, 5470307, and 5470308; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; 22 WHEREAS, a public hearing was held by City Council on such application at its meeting on October 19, 2015, after due and timely notice thereof as required by 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the amendment of the Plan proffered as a condition of the conditional rezoning, for the properties described as Official Tax Map Nos. 5460124, 5470301, 5470302, 5470303, 5470304, 5470305, 5470306, 5470307, and 5470308; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the amendment of the Plan as it pertains to the parcels bearing Official Tax Map Nos. 5460124, 5470301, 5470302, 5470303, 5470304, 5470305, 5470306, 5470307, and 5470308, as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that 1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the amendment of the Plan as it pertains to 4414 Pheasant Ridge Road, S. W., bearing Official Tax Map No. 5460124; 4345 Griffin Road, S. W., bearing Official Tax Map No. 5470302; and four unaddressed lots on Griffin Road, bearing Official Tax Map Nos. 5470301, 5470303, 5470304, 5470305; and three unaddressed lots on Van Winkle Road, bearing Official Tax Map Nos. 5470306, 5470307 and 5470308, as set forth in the Zoning Amendment Amended Application No. 1 dated September 22, 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: Q Stephanie M. Moon Re nbWss, ggavIR.owers City Clerk Mayor 1 23 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19x' day of October, 2015. No. 40372-101915. AN ORDINANCE authorizing the conveyance of a permanent drainage easement containing approximately 0.239 acres across City -owned property known as a portion of Brown - Robertson Neighborhood Park situated at 0 (zero) 10th Street, N. W. ( "Park "), designated as a portion of Roanoke Official Tax Map No. 2050402, and a temporary construction easement containing approximately 0.775 acres, across a portion of the Park, such portion being parts of the lots designated as Roanoke Official Tax Map Nos. 2050402, 2050305, 2050306, and 2050307, (collectively, the "Easements ") to the Commonwealth of Virginia, Department of Transportation ( "VDOT "), such Easements in support of VDOT's 10x' Street Improvement Project ( "Project "); authorizing the City Manager to execute deeds of easements and other necessary documents to convey the Easements to VDOT; ratifying and confirming City Council's intent for the fee simple conveyance to VDOT of a 0.556 acre portion of the Park consisting of Roanoke Tax Map Nos. 2050402, 2050305, 2050306 and 2050307, as authorized by Ordinance No. 39890- 031714, upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. WHEREAS, pursuant to Ordinance No. 39890 - 031714, adopted by City Council on March 17, 2014, City Council authorized the conveyance to VDOT of approximately 1.13 acres of City -owned property designated as portions of Official Tax Map Nos. 2050402 and 2050307, as such parcels were identified on the plat attached to the City Council Agenda Report dated March 17, 2014; WHEREAS, subsequent to the adoption of Ordinance No. 39890- 031714, VDOT revised the Project's plans and only required a 0.556 acre portion of the City owned parcels identified above; WHEREAS, pursuant to Ordinance No. 40305 - 072015, adopted by City Council on July 20, 2015, City Council authorized the vacation of an approximately 0.556 acre portion of the Park designated as portions of Official Tax Map Nos. 2050402 and 2050307, as such parcels were identified on the plat attached to the July 20, 2015, City Council Agenda Report, WHEREAS, VDOT misidentified the area designated on the plat as Roanoke Official Tax Map. No. 2050307, as the area affected by the Project in actuality consisted of Roanoke Official Tax Map Nos. 2050305, 2050306, and 2050307, and the plat was subsequently revised by VDOT to correct this error, although the square footage of the area to be conveyed VDOT as shown on the original plat remained the same; 24 WHEREAS, VDOT needs the Easements in connection with the Project; and WHEREAS, a public hearing was held on October 19, 2015, pursuant to IV 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 conveyance of such Easements. NOW THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The granting of the Easements to VDOT, as more particularly described in the City Attorney Letter to City Council dated October 19, 2015, is hereby approved. The City Manager is hereby authorized, for and on behalf of the City, to execute the necessary documents providing for the conveyance to VDOT of (1) a permanent drainage easement containing approximately 0.239 acres across City -owned property known as a portion of the Park, designated as a portion of Roanoke Official Tax Map No. 2050402; and (2) a temporary construction easement containing approximately 0.775 acres, across City -owned property known as a portion of the Park, and said portion being portions of City -owned properties designated as Roanoke Official Tax Map Nos. 2050402, 2050305, 2050306, and 2050307 (collectively, the "Easements "). Conveyance of the Easements to VDOT is in support of the Project, and as more particularly stated in the City Attorney Letter to City Council dated October 19, 2015. 2. City Council hereby confirms and ratifies its actions pursuant to Ordinance No. 39890 - 031714, adopted by City Council on March 17, 2014, to provide for the conveyance to VDOT of a 0.556 acre portion of the Park in fee simple consisting of portions of City -owned parcels designated as Official Tax Map Nos. 2050305, 2050306, and 2050307 and a portion of a City-owned parcel designated as Roanoke Official Tax Map No. 2050402. 3. All documents necessary for the above conveyances shall be in form approved by the City Attorney. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Re Holds, M � David A. Bowers City Clerk Mayor 25 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The W day of October, 2015. No. 40373-101915. AN ORDINANCE authorizing the City Manager to execute the appropriate documents for the vacation of an existing 15' drain easement held by the City across private real property designated as Roanoke Official Tax Map Nos. 5100534 and 5100535, owned by Gatewood Green, LLC ( "Gatewood "), in exchange for the dedication of a new 10' drainage easement to the City across an adjacent parcel of real property owned by Gatewood designated as Roanoke Official Tax Map No. 5100527, in connection with Gatewood's development of such real property for commercial purposes, upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on October 19, 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 drainage easement; and WHEREAS, the vacation of the existing drainage easement is in the best C interests of the City and its citizens as more particularly described in the City Attorney Letter to City Council dated October 19, 2015. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby consents to and approves the vacation of the existing 15' drainage easement held by the City across private real property owned by Gatewood designated as Roanoke Official Tax Map Nos. 5100534 and 5100535, and accepts the dedication by Gatewood to the City of the new 10' drainage easement across private real property owned by Gatewood designated as Roanoke Official Tax Map No. 5100527, in connection with Gatewood's development of such property for commercial purposes, upon such terms and conditions, as are more particularly described in the City Attorney Letter to Council dated October 19, 2015, and the plat attached to that report. 2. The City Manager is authorized to execute on behalf of the City of Roanoke, the appropriate documents providing for the vacation of such 15' drainage easement, and the dedication to the City of such 10' drainage easement. All such documents shall be upon form approved by the City Attorney. OW v 26 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Re n Ids, M Davld A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19" day of October, 2015. No. 40374-101915. AN ORDINANCE authorizing the City Manager to execute a lease agreement and services agreement with Virginia Western Community College Educational Foundation, Inc. ( "Foundation "), for the lease of an approximately 0.1671 acre parcel of City-owned property located at 709 South Jefferson Street, S. W., Roanoke, Virginia, known as the former Gill Memorial Hospital Building ( "Gill Memorial Property'), designated as Roanoke City Official Tax Map No. 1020510; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on October 19, 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 the Foundation to lease an approximately 0.1671 acre parcel of City-owned property located at the 709 South Jefferson Street, S. W., Roanoke, Virginia, designated as Roanoke City Official Tax Map No. 1020510, to be operated by the Foundation, or its designee, as an acceleration center focused primarily on connecting early stage companies to peers, mentors, and investors at the Gill Memorial Property, for a tens of five years, commencing on the date the Foundation, or its designee, first occupies the Gill Memorial Property. The City and the Foundation will also enter into a Management Services Agreement ( "Services Agreement'). The Services Agreement will set forth the terms under which the Foundation, or its designee, will operate the acceleration center. The Foundation, or its 27 designee, will pay a nominal rent to the City, and the City, subject to appropriation, will pay operational expenses of the acceleration center that exceed revenues generated at the acceleration center, up to $25,000.00 annually during the term of the lease, as more particularly described in the City Council Agenda Report dated October 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 yn ATTEST: }Y��yy.�� Stephanie M. Moon Reyn llddss, Mff4E Da—v—id A. Bowers City Clerk Mayor I 27 designee, will pay a nominal rent to the City, and the City, subject to appropriation, will pay operational expenses of the acceleration center that exceed revenues generated at the acceleration center, up to $25,000.00 annually during the term of the lease, as more particularly described in the City Council Agenda Report dated October 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: Qyy��,,�� '�0���_''`''''` Stephan n Reynb�ldns, MI�18 � David Bowers City Clerk Mayor M IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 2015. No. 40375- 110215. A RESOLUTION approving the acceptance of a State Homeland Security Program grant to the City from the Virginia Department of Emergency Management 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 State Homeland Security Program grant from Virginia Department of Emergency Management (VDEM) in an amount of $21,000.00, with no local match, for the purposes of allowing the Roanoke Police Department to purchase replacement gas masks, gas mask parts and gas mask filters, as more particularly described in the City Council Agenda Report dated November 2, 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 approved by the City Attorney as to form. 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. ATTEST: APPROVED Stephanie M. Moon Reynol- ds, MMC City Clerk David A. Bowers Mayor I 29 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2 I day November, 2015. No. 40376 - 110215. AN ORDINANCE appropriating funding from the United States Department of Homeland Security (DHS) through the Commonwealth of Virginia Department of Emergency Management (VDEM) for the purchase of protective equipment, 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 Other Equipment Revenues VDEM SHS Protective Equipment FY16 35- 640 - 3804 -9015 $ 21,000.00 35- 640 - 3804 -3804 21,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephani M oon yno ds Davi A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2 n day of November, 2015. No. 40377-110215. AN ORDINANCE to appropriate funding from the Department of Housing and Urban Development (HUD) for the Community Development Block Grant Program (CDBG), and HOME Investment Partnerships Program, amending and reordaining certain sections of the 2015 - 2016 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 30 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 — West End New Home Ownership Habitat 35- 090 -5387 -5607 ($2,400.00) HOME — West End Single Family Rehab CHID 35- 090- 5387 -5632 (94,934.00) HOME — Regular Employee Salaries 35- 090- 5390 -1002 8,455.00 HOME — Fees for Professional Services 35- 090 -5390 -2010 (8,914.00) HOME — Administrative Supplies 35- 090 - 5390 -2030 (300.00) HOME — Training and Development 35- 090 - 5390 -2044 (10,000.00) HOME — Postage 35- 090- 5390 -2160 (166.00) HOME — West End New Home Ownership Habitat 35- 090 - 5390 -5607 (11,661.00) HOME — Available to Commit — West End Project 35- 090 - 5390 -5660 43,541.00 HOME — West End New Home Ownership City Funded 35- 090- 5390 -5662 68,530.00 HOME — DoT Billings 35- 090- 5390 -7005 (1,000.00) HOME — West End New Home Ownership Habitat 35- 090 - 5394 -5607 (156,190.00) HOME — Available to Commit — West End Project 35- 090 -5394 -5660 215,627.00 CDBG — Reserve Rehab Project Funds 35 -G12- 1224 -5527 (40,920.00) CDBG — Residential Fagade Pilot Project 35 -G13- 1319 -5619 (3,911.00) CDBG — West End New Home Ownership Delivery 35 -G14- 1419 -5607 (14,034.00) CDBG —West End Property Acquisition Project 35 -G14- 1419 -5608 (9,138.00) CDBG — West End Property Housing Preservation 35 -G14- 1419 -5612 (2,053.00) CDBG — West End New Home Ownership Project 35 -G14- 1419 -5614 (85,473.00) CDBG — Reserve Rehabilitation Project 35 -G14- 1424 -5527 (23,584.00) CDBG — Demolition 35 -G15- 1519 -5108 (63,300.00) CDBG — Mortgage Assistance Program 35 -G15- 1519 -5399 (77,098.00) CDBG — Available to Commit — MAP Program 35 -G15- 1519 -5661 75,404.00 I n 31 CDBG — West End New Home Ownership Habitat 35 -G15- 1520 -5607 6,708.00 CDBG — West End Occupied Rehab SERCAP 35 -G15- 1520 -5627 (186,391.00) CDBG — West End Energy Efficient Rehab CHP 35 -G15- 1520 -5630 9,000.00 CDBG — West End Infrastructure Improvements 35 -G15 -1520 -5641 (14,978.00) CDBG — Regular Employee Salaries 35 -G15- 1522 -1002 5,864.00 CDBG — Fees for Professional Services 35 -G15- 1522 -2010 (8,092.00) CDBG — Telephone 35 -G15- 1522 -2020 (1,500.00) CDBG — Administrative Supplies 35 -G15- 1522 -2030 706.00 CDBG — Expendable Equipment ( >$5000.00) 35 -G15- 1522 -2035 (2,040.00) CDBG — Training and Development 35 -G15- 1522 -2044 (7,460.00) CDBG — Printing 35 -G15- 1522 -2075 (827.00) CDBG — Postage 35 -G15- 1522 -2160 (899.00) CDBG — Neighborhood Planning Activities 35 -G15- 1522 -5634 (20,000.00) CDBG — DoT Billings 35 -G15- 1522 -7005 (4,591.00) CDBG — Risk Management 35 -G15- 1522 -7017 (500.00) CDBG — Regular Employee Salaries 35 -G15- 1523 -1002 (6,777.00) CDBG — Regular Employee Salaries 35 -G15- 1539 -1002 (6,469.00) CDBG — Telephone - Cellular 35 -G15- 1539 -2021 (8.00) CDBG — Local Mileage. 35 -G15- 1539 -2046 (161.00) CDBG — Training and Development 35 -G15- 1544 -2044 (499.00) CDBG — West End New Home 35 -G16- 1620 -5607 152,349.00 Ownership Habitat CDBG — Available to Commit — West 35 -G16- 1620 -5660 494,691.00 End Project Revenues HOME Entitlement FY14 35- 090 -5387 5387 (97,334.00) HOME Entitlement FY15 35- 090 - 5390 -5390 64,244.00 HOME Program Income FY15 35- 090 - 5390 -5391 24,241.00 HOME Entitlement FY16 35- 090 - 5394 -5394 3,921.00 HOME Program Income FY16 35 -090- 5394 -5395 55,516.00 CDBG Entitlement FY12 35 -G12- 1200 -3201 (27,587.00) CDBG Lease Pay FY12 35- G12- 1200 -3206 (13,333.00) CDBG Entitlement FY13 35 -G13- 1300 -3301 (3,911.00) CDBG Entitlement FY14 35 -G14- 1400 -3401 (134,282.00) 32 CDBG Entitlement FY15 CDBG Home Ownership Assistance FY15 CDBG Entitlement FY16 CDBG Other Program Income RRHA 35 -G15- 1500 -3501 (307,226.00) 35 -G15- 1500 -3506 3,318.00 35 -G16- 1600 -3601 555,747.00 35 -G16- 1600 -3602 91,293.00 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, MC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 2015. No. 40378-110215. AN ORDINANCE amending Section 14.1 -1, Definitions, of Article I, In General, of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, to provide for the proper collection of refuse as set forth below; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 14.1 -1, Definitions, of Article I, In General, of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, to read and provide as follows: Sec. 14.1 -1. Definitions 1 Seated compactor zone shall mean that area which is bordered by the centerlines of Jefferson Street (on the west), Williamson Road, S. E. (on the east), Norfolk Avenue, S. E. (on the north), and Church Avenue, S. E. (on the south); that area which is bounded by the centerlines of 1st Street, S. W., and Jefferson Street (to the west and east), and Norfolk Avenue, S. W., and Kirk Avenue, S. W. (to the north and , 33 south), as well as 2nd Street, S. W., and 1 at Street, S. W. (to the west and east), and Norfolk Southern Railroad and Salem Avenue, S. W. (to the north and south); that area which is bounded by the centerlines of 1st Street, S. W., and Jefferson Street (to the west and east), and Kirk Avenue, S. W., and Church Avenue, S. W. (to the north and south), as well as 2nd Street, S. W., and 1 st Street, S. W. (to the west and east), and Salem Avenue, S. W., and Church Avenue, S. W. (to the north and south); and that area which is bounded by the centerlines of Jefferson Street and Williamson Road, S. E. (to the west and east), and Church Avenue, S. E., and Elm Avenue, S. E. (to the north and south). 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: hM Stephanie M. Moon Re oldslV David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 2015. No. 40379-110215. A RESOLUTION amending the Fee Compendium to amend fees for refuse collection in the Central Business District, as set out below; and establishing an effective date. BE IT RESOLVED by the Council of the City of Roanoke that- 1 . The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by City Council by Resolution No. 32412 - 032795, adopted March 27, 1995, effective as of that date, as amended, shall be further amended to reflect the following fees: 34 - - -- FEE - - CURRENT AMOUNT NEW AMOUNT Refuse fees for curbside collection for $120.00 per month $240.00 per month Restaurant, Office, and Financial Institutions within a sealed compactor zone in the Central Business District, but not registered for sealed compactor service, on and after April 1, 2016 and before July 1, 2016. Refuse fees for curbside collection for $70.00 per month $140.00 per month Specialty Retail, Health, Church and Nonprofit Institutions within a sealed compactor zone in the Central Business District, but not registered for sealed compactor service, on and after April 1, 2016 and before July 1, 2016. 2. Resolution No. 32412- 032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 3. The fees established by this Resolution shall remain in effect until amended by this Council. 4. This Resolution shall be in full force and effect upon passage of this Resolution. APPROVED ATTEST: Stephanie M. Moon Re nold City Clerk David A Mayor I 35 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2 "d day of November, 2015, No. 40380 - 110215. A RESOLUTION supporting an application and authorizing the City Manager to submit such application to the Virginia Department of Transportation (VDOT) for MAP 21 FY 17 Transportation Alternatives Program Funds for the improvements to bicycle and pedestrian infrastructure in the vicinity of Fishburn Park Elementary School and Virginia Western Community College; and authorizing the City Manager to take certain actions in connection with such Project. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council hereby supports an application to VDOT for $500,000.00 to support the improvements to bicycle and pedestrian infrastructure in the vicinity of Fishbum Park Elementary and Virginia Western Community College on Colonial Avenue from Overland Road to Dogwood Lane. The City acknowledges that the required 20 percent local match is $100,000.00, and that the funds are being provided by Virginia Western Community College, as more particularly described in the City Council Agenda Report dated November 2, 2015. 2. The City Manager is hereby authorized to submit an application to VDOT for the above Project to obtain the above funds from the MAP -21 FY 17 Transportation Alternatives Program funds, with such application being approved as to form by the City Attorney. 3. The City Manager is further authorized to take any such further actions and execute such further documents, approved as to form by the City Attorney, as may be necessary to submit the above application and to furnish such additional information as may be required for such application. APPROVED ATTEST: Stephanie M. Moon Rbynolds, MMC David A. Bowers City Clerk Mayor 36 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 2015. No. 40381- 110215. A RESOLUTION accepting a grant to the City of Roanoke from the Commonwealth of Virginia Industrial Revitalization Fund; authorizing the City Manager to execute any documents necessary to receive such grant, including a contract with the Virginia Department of Housing and Community Development (DHCD); and authorizing the City Manager to take such further actions and execute such other documents as may be necessary to obtain, accept, implement, administer, and use such grant funds. WHEREAS, pursuant to Ordinance No. 40086 - 102014, adopted October 20, 2014, the City and Carilion Services, Inc. ( "Carilion ") entered into an Option Agreement dated October 21, 2014 (the "Option Agreement') in which the City acquired the option to purchase 709 South Jefferson Street, S.W., Roanoke, Virginia, known as the former Gill Memorial Hospital Building ( "Gill Memorial Property "), designated as Official Tax Map No. 1020510, which is currently owned by Carilion, and further described and defined in the Option Agreement, for the sum of $860,000.00; WHEREAS, pursuant to the terms of the Option Agreement, the parties acknowledge that the City intended to apply for a grant in the amount of $600,000.00 from the Commonwealth of Virginia Industrial Revitalization Fund (the "Grant') for the sole purpose of rehabilitating the Gill Memorial Property; WHEREAS, pursuant to Resolution No. 40087- 102014, adopted October 20, 2014, the City applied for the Grant, on March 9, 2015, Governor McAuliffe announced that the City had been awarded the Grant, and the City received official notification of the Grant in a letter dated March 17, 2015; WHEREAS, under the provisions of the Grant and prior to receiving the Grant, the City must negotiate a lease agreement for the Gill Memorial Property for the creation, establishment, and promotion of an innovation and acceleration center (Services Agreement and Lease); and WHEREAS, the City, pursuant to Ordinance No. 40086 - 102014, adopted October 20, 2014, expects to exercise its option to purchase the Gill Memorial Property, acquire the Gill Memorial Property, and, based upon the Ordinance No. 40374 - 101915 adopted by City Council following a public hearing on October 19, 2015, enter into and execute the proposed Services Agreement and Lease with the Virginia Western °^ Community College Educational Foundation, Inc., concurrently. 37 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the grant offered by the Commonwealth of Virginia Industrial Revitalization Fund in the amount of $600,000.00, which requires matching City funds, as more particularly described in the City Council Agenda Report dated November 2, 2015. 2. City Council hereby authorizes the City Manager to execute any documents necessary to receive such grant, including the contract with the Virginia Department of Housing and Community Development (DHCD), which is attached to the above mentioned Agenda Report, with all such documents to be approved as to form by the City Attorney. 3. The City Manager is authorized to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use such grant funds, as allowed by the terms and conditions of the grant, with any such documents being approved as to form by the City Attorney. APPROVED ATTEST: Stephanie M. Moon Re nolds, MC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 2015. No. 40382- 110215. AN ORDINANCE to appropriate funding from the Department of Housing and Community Development (DHCD) and the Economic and Community Development Reserve to the Gill Memorial Building Renovation and Rivers Edge Tennis Courts 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. 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: mt Appropriations Appropriated from General Revenue Appropriated from State Grant Funds Appropriated from General Revenue Revenues DHCD IRF — Gill Memorial Building Reno Fund Balance Economic and Community Development Reserve - Unappropriated 08- 310 - 9455 -9003 860,000.00 08- 310 - 9455 -9007 600,000.00 08- 620 - 9581 -9003 250,000.00 08- 310 - 9455 -9455 600,000.00 08 -3365 (1,110,000.00) 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: e M. M �r� GJ Q���- Stephanie M. Moon eynol s, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 2015. No. 40383 - 110215. A RESOLUTION consenting to the appointment of Cecelia F. McCoy as the Deputy City Clerk effective November 24, 2015. WHEREAS, the City Clerk desires to appoint Cecelia F. McCoy as the Deputy City Clerk of the City of Roanoke effective November 24, 2015; and WHEREAS, pursuant to Section 24 of the Roanoke City Charter of 1952, and appointment of a deputy city clerk must be consented to by City Council in order to be effective. 39 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the appointment of Cecelia F. McCoy as Deputy City Clerk of the City of Roanoke, effective November 24, 2015, is hereby consented to in accordance with Section 24 of the Roanoke City Charter of 1952. APPROVED ATTEST: y � Stephanie M. Moon Reynold , MC David Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2ntl day of November, 2015. No. 40384 - 110215. A RESOLUTION memorializing the late Frank Walker Feather, longtime pastor of the Forest Park Baptist Church, and a native of Roanoke. WHEREAS, the members of Council learned with sorrow of the passing of Reverend Feather on Sunday, September 20, 2015; WHEREAS, Reverend Feather was educated at Forest Park Elementary School, Monroe Junior High, and Jefferson High School in Roanoke, and received his theological degree from Pioneer Theological Seminary; WHEREAS, Reverend Feather was raised in Northwest Roanoke, and was an active member of Villa Heights Baptist Church; WHEREAS, while employed by General Electric in Salem, Virginia, Reverend Feather became a charter member of Emmanuel Baptist Church and served in various capacities for the music, education, and youth programs at the church; WHEREAS, after 16 years of dedicated service with General Electric, Reverend Feather left the company to enter the full -time ministry; WHEREAS, Reverend Feather's first pastorate was with Mountain View Baptist Church at Catawba, in Roanoke County; U11 .y WHEREAS, in 1974 Reverend Feather was called to serve as pastor at Forest Park Baptist Church in Northwest Roanoke, and served its congregation for 34 years; WHEREAS, Reverend Feather demonstrated a heartfelt interest in addressing many community issues and challenges, including race relations, children and youth development issues, young and senior adult concerns, homelessness, neighborhood and community improvement issues and other projects, by working closely alongside the Reverend Dr. Kenneth B. Wright of First Baptist Church of Gainsboro; WHEREAS, Reverend Feather and Pastor Wright, through their enduring friendship, enhanced the relationship between Anglo- American and African - American churches in Roanoke; WHEREAS, Reverend Feather and his church partnered with Pastor Wright and First Baptist Church to build one of the first Habitat for Humanity houses in Roanoke, which was constructed on Kellogg Avenue in Northwest Roanoke; WHEREAS, under the leadership of Reverend Feather, Forest Park Baptist Church housed a component of the Noel C. Taylor Academy for several years, free of charge, and often assisted the staff in counseling the students; WHEREAS, after retiring as pastor of Forest Park Baptist Church in 2011, .. Reverend Feather returned to Mountain View Baptist Church to serve as pastor, and later served as associate pastor at Emmanuel Baptist Church in Roanoke; WHEREAS, Reverend Feather also served as a volunteer chaplain at Carilion Roanoke Memorial Hospital for nearly 30 years; WHEREAS, Reverend Feather was very active on the local boards and committees for the City of Roanoke, including as a founding member of the Roanoke Neighborhood Partnership Steering Committee; and as a member of the Citizens Services Steering Committee; the Advisory Board of Human Resources; the Fair Housing Board; the Committee on the Homeless; TAP's Poverty Taskforce; the Transitional Living Center Board; and the Roanoke Valley Drug and Alcohol Abuse Council; WHEREAS, Reverend Feather served for 32 years as the clerk of the Roanoke Valley Baptist Association; and WHEREAS, in 2007 Roanoke City Council recognized the contributions of Reverend Feather to the people of Roanoke by naming Reverend Feather the 2007 Citizen of the Year. 41 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 Frank Walker Feather, and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Reverend Feather's niece, Judy Wilson, of Alabama. APPROVED ATTEST: Stephanie M. Moon Reynolds, MM David A. Bowers City Clerk Mayor 42 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 161h day of November, 2015. No. 40385-111615. A RESOLUTION acknowledging and recognizing the PY2015 Workforce Innovation and Opportunity Act ('WIOA") funding from the Virginia Community College System in the amount of $1,577,503.00 for WIOA activities, for the award period of July 1, 2015, through June 30, 2017, the foregoing funding to be administered by the Western Virginia Workforce Development Board. WHEREAS, pursuant to the WIOA that was enacted on July 22, 2014 and replaced the Workforce Investment Act, federal funding is provided to support various programs in support of various client populations as more particularly described in the City Council Agenda Report dated November 16, 2015; and WHEREAS, the Roanoke Valley - Alleghany Regional Commission was designated as the fiscal agent for WIOA funds and administers the federal funds provided by WIOA 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 Roanoke of as follows: 1. Council acknowledges and recognizes for the purpose of administering the Western Virginia Workforce Development Board, the PY2015 WIOA funding in the amount of $1,577,503.00 from the Virginia Community College System, with no local match from the City, to be administered by the Western Virginia Workforce Development Board, and to be used during the award period of July 1, 2015, through June 30, 2017, for the purpose of administering the WIOA activities, as more particularly set out in the City Council Agenda Report dated November 16, 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. E 43 3. The City Clerk is directed to provide an attested copy of this Resolution to the Western Virginia Workforce Development Board. APPROVED ATTEST: L_t4 ,ZYa' I .( 4 Gl J Stephanie M. Moon Re olds, C City Clerk David B. Trinkle Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16' day of November, 2015. No. 40386-111615. AN ORDINANCE to transfer funding from the Capital Improvement Reserve to the Colonial Ave Improvements 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- 9458 -9003 $ 250,000.00 Appropriated from General Revenue 08- 530 - 9575 -9220 ( 250,000.00 ) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: }y��y v ' Step oo Reynolds, MM f David B. Trinkle City Clerk Vice -Mayor A IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16" day of November, 2015. No. 40387 - 111615. AN ORDINANCE amending Section 32- 108.1(5), Proration of personal property tax generally, Article III, Tax on Tangible Personal Property Generally; of Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 32- 108.1(5), Proration of personal property tax generally, Article III, Tax on Tangible Personal Property Generally, of Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 32- 108.1. - Proration of personal property tax generally. �xx (5) When any such motor vehicles or trailers personal- prepeFt acquires a tax situs in the city or are transferred to a new owner in the city, the owner or purchaser of the property shall declare such property with the commissioner within thirty (30) days of the purchase date, and the commissioner shall assess such property pursuant to subsection (1) of this section. For failure to declare such property within thirty (30) days of purchase, other transfer of ownership, or acquisition of a taxable situs in the city, any owner or purchaser shall be subject to the same penalties and interest as established in section 32 -106 of this article for failure to pay tax imposed. Any such tax shall be due and payable within thirty (30) days of the date of such owners initial tax statement for such personal property or May 31 of the tax year, whichever shall occur later, and failure to pay in a timely fashion shall subject the owner of the purchase to the penalties and interest as established by section 32 -106 of this article. 2. The amendments made to Section 32- 108.1(5) of the City Code by this ordinance shall apply to all motor vehicles and trailers transferred to new owners within the city and motor vehicles and trailers that acquire tax situs in the city, on or after the effective date of this ordinance, and for all new owners of vehicles and trailers within the city and all such vehicles and trailers that acquired tax situs within the city prior to the effective date of this ordinance who have not been sent personal property tax statements for such motor vehicles and trailers prior to the effective date of this ordinance. .w 45 3. This ordinance shall be in full force and effect immediately upon its adoption. 4. Pursuant to §12 of the Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: 6- Stephanie M. Moon Reynolds, MMC David B. Trinkle City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 161h day of November, 2015. No. 40388 - 111615. A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 2016 Session of the General Assembly. WHEREAS, the members of City Council are in a unique position to be aware of the legislative needs of this City and its people; WHEREAS, previous Legislative Programs of the City have been responsible for improving the efficiency of local government and the quality of life for citizens of this City; WHEREAS, Council is desirous of again adopting and endorsing a Legislative Program to be advocated by the Council and its representatives at the General Assembly; and WHEREAS, the Legislative Committee of City Council has by report, dated November 16, 2015, recommended to Council a Legislative Program to be presented at the 2016 Session of the General Assembly. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the 1. The Legislative Program transmitted by report of the Legislative Committee, dated November 16, 2015, is hereby adopted and endorsed by the Council as the City's official Legislative Program for the 2016 Session of the General Assembly. EA r*11 2. A joint meeting of the School Board and City Council will be held on Monday, December 7, 2015, at 11:00 a.m., to present the 2016 Legislative Program to the Senators and Delegates. APPROVED ATTEST: Stephanie M. Moon Reynolds, 5D4av;idB. T City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16" day of November, 2015. No. 40389-111615. AN ORDINANCE amending and reordaining the Code of the City of Roanoke (1979), as amended, by repealing Section 32 -37, Appointment, Division 2, Assessment of Real Estate Generally, Article II, Real Estate Taxes Generally, Chapter 32, Taxation; and Section 34 -147, Records of trips, Article IV, Horse -Drawn Vehicles, Chapter 34, Vehicles for Hire; of the Code of the City of Roanoke (1979) as amended; and by amending and reordaining Section 7 -2, Removal, repair, or securement of structures,* recovery of costs, Article I, In General, Chapter 7, Building Regulations; Section 19 -31, Commissioners records and reports, and Section 19 -32.1, Appeals and rulings, Article I, In General, of Chapter 19, License Tax Code; Section 21 -25 Willful damage to or defacement defacement of public or private facilities private facilities, Article I, In General, Chapter 21, Offenses - Miscellaneous; Section 22.3 -8. Board of trustees generally, Article II, Administration, and Section 22.3 -78, Administration and investment, Article XIV, Defined Contribution Plan, of Chapter 22.3, Pensions and Retirement; Section 30 -90, Inspection of work, accounting for costs, Division 2, Construction of Sidewalks by of Sidewalks by Prooe�Owners, Article IV, Construction of Sidewalks. Curbs and Sidewalk Crossings, Chapter 30, Streets and Sidewalks; Section 32 -171, Local water and telephone utility tax, Article VII, Tax on Purchase of Utility Services, Chapter 32, Taxation; and Section 33 -22, Accounting for abatement costs, Article Il, Weed and Trash Abatement, Chapter 33, Vegetation and Trash; of the Code of the City of Roanoke (1979), as amended; providing for an effective date; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 32 -171, Local water and telephone utility tax, Article VII, Tax on Purchase of Utility Services, Chapter 32, Taxation, of the Code of the City of Roanoke, Virginia (1979), is hereby REPEALED. 47 ' 2. Section 34 -147, Records of trips, Article IV, Horse -Drawn Vehicles, Chapter 34, Vehicles for Hire, of the Code of the City of Roanoke, Virginia (1979), is hereby REPEALED. 3. Section 7 -2, Removal, repair, or securement of structures: recovery of costs, Article I, In General, Chapter 7, Building Regulations, of the Code of the City of Roanoke, Virginia (1979), is amended and reordained to road and provide as follows: Sec. 7 -2. - Removal, repair, or securement of structures: recovery of costs. (g) The director of finance whAn on hiq disoreatien may exercise discretion to determine when it is just and proper to de so, may waive liens imposed pursuant to this section whenever doing so will facilitate the sale of the property and encourage its productive reuse. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed. 4. Section 19 -31, Commissioners records and reports, Article I, In General Chapter 19, License Tax Code, of the Code of the City of Roanoke (1979) as amended, Section 19 -32.1, Appeals and rulings, Article I, In General, Chapter 19, License Tax Code, of the Code of the City of Roanoke, Virginia (1979), is amended and reordained to read and provide as follows: Sec. 19 -31. - Commissioner's records and reports. It shall be the duty of the commissioner to keep a record in which he shall classify all the branches of businesses and occupations upon which a license tax is imposed by this chapter, and show the amount of assessment made upon each license, the name of the person assessed and the period for which such license was issued. At the close of each month, he shall deliver to the eity manager the director of finance and the city treasurer, a statement reporting the number of licenses issued and the amount of taxes paid under each classification, together with accumulative totals for the fiscal year ending June 30, comparative with the previous year, within 15 days of the end of the month. 5. Section 19 -32.1, Appeals and rulings, Article I, In General, Chapter 19, License Tax Code, of the Code of the City of Roanoke, Virginia (1979), is amended and reordained to read and provide as follows: Sec. 19 -32.1. - Appeals and rulings. (d) On receipt of a notice of intent to file an appeal to the tax commissioner under subsection (c) of this section, the assessing official shall notify the treasurer and the dif� city manager, or the city manager's designee of appeal. The treasurer shall suspend collection activity until a final determination is issued by the tax commissioner, unless the commissioner determines that collection would be jeopardized by delay or that the taxpayer has not responded to a request for relevant information after a reasonable time. Interest shall accrue in accordance with the provisions of section 19 -20(g) of this chapter, but no further penalty shall be imposed while collection action is suspended. The term "jeopardized by delay' shall have the same meaning as set forth in subsection (b) above. 6. Section 21 -25, Willful damage to or defacement of public or private facilities, Article I, In General, Chapter 21, Offenses - Miscellaneous, of the Code of the City of Roanoke, Virginia (1979) as amended, is amended and reordained to read and provide as follows: Sec. 21 -25. - Willful damage to or defacement of public or private facilities. (d) Authority of city to remove or repair. (5) Every charge authorized by this section with which the owner of any such property shall have been assessed and that remains unpaid shall constitute a lien against such property, ranking on a parity with liens for unpaid local taxes and enforceable in the same manner as provided in Articles 3 (§ 58.1 -3940 at seq.) and 4 (§ 58.1 -3965 at seq.) of Chapter 39 of Title 58.1, Code of Virginia. Thedkestepef-finagse city manager, or city manager's designee may waive and release such liens in order to facilitate the sale of the property. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed. 1 A I• 7. Section 22.3 -8, Board of trustees generally, Article ii, Administration, 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 -8. - Board of trustees generally. (b) The board shall be appointed by city council and consist of nine (9) trustees as follows: (2) The city manager, or his or her designee, who shall not be the director of finance, ex officio. 8. Section 22.3 -78, Administration and investment, Article XIV, Defined Contribution Plan, Chapter 22.3, Pensions and Retirement, of the Code of the City of Roanoke, Virginia (1979) as amended, is amended and reordained to read and provide as follows: Sec. 22.3 -78. - Administration and investment (b) The defined contribution board shall be appointed by city council and shall consist of five (5) members as follows: the city manager, ex-officio; a the director of finance, ex- officio; the director of human resources, ex-officio; and two members appointed by the city manager, who shall not be the director of finance. The members designated by the city manager ARd diientni, nf finanne; shall serve terms of four (4) years. 9. Section 30 -90, Curbs and Sidewalk Crossings, Ch: City of Roanoke, Virginia (1979) as provide as follows: Article Division 2, dewalks, of the Code of the and reordained to read and 50 Sec. 30 -90. - Inspection of work- accountinq for costs The city manager or the city managers designee shall cause all sidewalk r construction authorized under the provisions of this division, to be carefully inspected during the progress of the work and upon the completion thereof. Thereafter, he or she shall render ta the diFeGtGF of ARAnGs an account of the cost of the work and the amount of any rebate allowable to each property owner, or to the contractor, as the case may be, apportioned according to the frontage of the property owners. 10. Section 32 -37, Appointment, Division 2, Assessment of real estate generally, Article II, Real estate taxes generally, Chapter 32, Taxation, of the Code of the City of Roanoke, Virginia (1979) as amended, is amended and reordained to read and provide as follows: Sec. 32 -37. - Appointment. The director of real estate valuation shall be appointed by the diresterefTmaase city manager or the city manager's designee, and shall be included in the city's pay and classification plan. 11. Section 33 -22, Accounting for abatement costs, Article II, Weed and Trash Abatement, Chapter 33, Vegetation and Trash, of the Code of the City of Roanoke, Virginia (1979) as amended, is amended and reordained to read and provide as follows: Sec. 33 -22. - Accounting for abatement costs. The city manager, or city managers designee, shall keep an account of the cost of abating public nuisances and embody such account in periodic reports with assessment lists which shall be transmitted to the city clerk and - the- dk4oteF9# finance at convenient intervals. The copy retained by the city clerk shall be available for public inspection. The reports shall refer to each parcel as to which public nuisance was abated by description sufficient to identify the parcel, and specify and include an additional administrative fee as specified in section 2- 178.4 of this Code, to be assessed against the owner, the cost of abatement including but not limited to a minimum of two (2) hours labor as well as other reasonable charges for equipment; and interest authorized by this article. 12. This Ordinance shall become effective on the passage of this Ordinance. r .— r L 51 13. Pursuant to Section 12, Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: "�►�ld'ps' Stephanie oon Reyntllds, avi B. Trinkle City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16" day of November, 2015. No. 40390 - 111615. AN ORDINANCE to appropriate funding from the Federal Government and the Commonwealth grants and the Schools General Fund 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 Personal Services 302-000- 000U0000-169K- 61310 - 41141 -9 -01 $ 6,000.00 Benefits 302 -000 - 0000 - 0000 -169K- 61310- 42204 -9 -01 500.00 Materials 8 Supplies 302- 000 -0000 - 0000 -169K- 61310- 46630 -9-01 2,640.00 Personal Services 302- 000 - 0000- 0000- 176K61310- 41141 -9-01 10,000.00 Benefits 302- 000 -0000 -0000 -176K- 61310 - 422049 -01 800.00 Materials 8 Supplies 302 -000- 0000 -0OUro476K - 61310 - 46630 -9 -01 3,694.00 Personal Services 302- 110 - 0000 - 0000 -132K- 61100 - 41121 -3 -01 143,693.00 Benefits 302 -110 -0000 - 0000 -132K- 61210- 42204 -3 01 56,675.00 Professional Development 302- 110- 0000 - 1000 -132K- 61100 - 43313 -9-01 8,577.00 Internal Printing- Parental lnvol. 302- 110-PINV- 1000 -132K- 61310- 44450 -9 -01 814.00 Indirect Cost 302 - 000 -INDC -0000 -132K- 00000- 62000 -0 -00 13,051.00 Materials 8 Supplies 302 - 110- 0000 -0000 -132K- 61100 - 46613 -2 -01 9,376.00 Equipment 302- 110 -0000- 0420 -132K- 68200 - 48821 -2 -01 7,567.00 Personal Services 302 - 110 -0000 - 0000 -135K- 61100- 41121 -2 -01 10,881.00 Personal Services 302 -11 D -0000- 0000 -137K- 61100 - 41141.2 -01 5,461.00 RCPS + Summer Enrichment 302 - 110 -RPLU- 0280 -311K- 61210- 41129 -3 -00 1,000.00 FICA 302 - 110 - 0000 -0280 -311 K- 61210- 42201 -3 -00 397.00 Summer Program 302-1 10-RPLU-0210-31 1 K61210- 41129 -3 -00 1,000.00 FICA 302 - 110-0000- 0210 -311 K- 61210-42201 -3 -00 39T00 Summer Program 302 - 110- RPLU - 0450 -311 K- 61210 - 41129 -3 -00 1,000.00 FICA 302 -010 - 0000 - 0450 -311 K- 61210- 42201 -3 -00 397.00 Summer Program 302- 110 -RPLU- 0230 -311K- 61210- 41129 -3 -00 11000.00 FICA 302 -110- 0000 - 0230 -311K- 61210- 42201 -3 -00 397.00 Summer Program 302410 -RPLU- 0150 -311 K- 61210- 41129 -3 -00 1,000.00 52 FICA Technology Hardware Additions Instructional Material Revenues Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts Federal Gant Receipts Federal Gant Receipts Federal Grant Receipts State Grant Receipts Local Match 302- 110- 0000- 0150 -311 K- 61210- 42201 -3 -00 397.00 302 - 280- PASS-0(M0.3801K- 88200- 48210 -3 -01 18,400.00 302 -280 -PASS- 0400 -380K- 68200- 46630 -3 -01 800.00 302- 000 - 0000-0000 -169K- 00000- 38365 -0 -00 9,140.00 302 - 000 -0000 - 0000 -176K -00000-38385.0 -00 14,494.00 302 - 000-0000 - 0000- 132K-00000- 38010 -0 -00 239,753.00 302 - 000 - 0000 - 0000- 135K-00000- 38367 -0-00 10,881.00 302 -000 -0000 -0000 -137K- 00000 - 383650 -00 5,461.00 302-000 - 0000-0000 -311 K- 00000- 38334 -0 -00 6,985.00 302 - 260 -PASS- 0400 -380K- 00000- 32366 -0 -00 18,400.00 302- 280-PASS- 0400 -380K- 00000 - 72000 -0 -00 800.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: -;?Stephanie M. Moon R nolds, C rinke City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16" day of November, 2015. No. 40391-111615, A RESOLUTION appointing a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke, Virginia to fill the remaining portion of an unexpired four (4) year term on its Board of Directors. WHEREAS, the Council is advised that Brian K. Redd, a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke, Virginia, resigned effective September 21, 2015, from a position the term of which is to expire October 20, 2017, and the vacancy has not been filled; and WHEREAS, §15.2 -4904, Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall, after initial appointment, be made for terms of four (4) years, except appointments to fill vacancies which shall be for the remainder of the unexpired term. 11 46%] THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Paula Williams is hereby appointed as a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke, Virginia, to fill the remaining portion of the four (4) year term of Brian K. Redd which commenced on October 21, 2013, and will expire on October 20, 2017. APPROVED ATTEST: Stephanie M. Moon Reyn3lds, MMC David B. Trinkle City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The W day of November, 2015. No. 40392-111615. C A RESOLUTION supporting state and federal legislation that fosters, supports, enhances, and strengthens responsive and responsible government by reducing the influence of unregulated campaign contributions upon elected officials and establishing limitations upon governmental officials who transition to the private sector. WHEREAS, the proper operation of responsible government requires that public officials and employees be independent, impartial, and accountable to the people; WHEREAS, decisions and policy established by governments must be made in the best interests of the community and the government and must be responsive to the needs of the community, free of undue or inappropriate influenced by interests and entities regulated by governmental officials, in order that the public maintains confidence in the integrity and transparency of its government; WHEREAS, nearly $6 billion was spent in the 2012 elections throughout the United States, and spending in the 2016 elections is projected to top $11 billion, with the vast majority coming from special- interest donors, thereby making politicians dependent on a small segment of the population to fund their campaigns; WHEREAS, the recent expansion of the influence of Super Political Action Committees has created an environment in which ordinary citizens believe their voices Ccannot be heard by their elected officials; M WHEREAS, the City Council believes that it is in the best interests of the citizens and businesses in the City of Roanoke and the Roanoke Valley to encourage and support meaningful limits on and full transparency and disclosure involving campaign contributions, coordinated campaigns, and independent expenditures as essential in maintaining and sustaining an educated, engaged and informed electorate. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Council encourages the United States Congress and the Commonwealth of Virginia General Assembly to pursue and enact legislation that establishes substantial requirements on campaign financing, coordinated campaigns, and independent expenditures to promote full transparency and fairness throughout the election process to ensure and promote responsible government that is responsive to the needs of all people. 2. The City Council encourages the United States Congress and the Commonwealth of Virginia General Assembly to establish meaningful limitations on the time period between an elected government official or senior unelected government official leaving public service and becoming a lobbyist. 3. The City Council encourages the United States Congress and the Commonwealth of Virginia General Assembly to pursue and enact measures that provide voters with a greater voice in the electoral process by encouraging increased voter participation in the funding of political campaigns. 4. The City Council directs the Clerk to provide attested copies of this Resolution to the Honorable Mark Warner and the Honorable Timothy Kaine, United States Senators, the Honorable Robert Goodlatte, Member of Congress, Honorable Terrance McAuliffe, Governor of the Commonwealth of Virginia, the Honorable John Edwards, Senator in the Virginia State Senate, and the Honorable Christopher Head and the Honorable Sam Rasoul, Delegates in the Virginia House of Delegates. APPROVED ATTEST: Stephanie M oon Reynolds', MMC City Clerk k.A.�T d Bnkle Vice -Mayor 7 I 55 OIN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16'" day of November, 2015. No. 40393 - 111615. A RESOLUTION authorizing acceptance of a $50,000.00 donation from the Roanoke Public Library Foundation that the Roanoke Public Library Foundation received from the Dorothy Koch Family Foundation to support the renovation and expansion project at the Raleigh Court Branch Library; and authorizing execution of any and all necessary documents to accept the donation. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized on behalf of the City to accept from the Roanoke Public Library Foundation a $50,000.00 donation that the Roanoke Public Library Foundation received from the Dorothy Koch Family Foundation to support the renovation and expansion project at the Raleigh Court Branch Library, with no matching funds required by the City, as more particularly described in the City Council Agenda Report dated November 16, 2015. 2. The City Manager is hereby authorized to execute and file, on behalf of I the City, any documents required to accept such donation. All documents to be executed on behalf of the City shall be approved as to form by the City Attorney. APPROVED ATTEST: P,Y_b ZBTrinkle Stephanie M. Moon Reynolds, MM Davi City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16'h day of November, 2015. No. 40394-111615. AN ORDINANCE to appropriate funding from the Roanoke Public Library Foundation to the Raleigh Court Library Branch Renovations project, amending and C reordaining certain sections of the 2015 - 2016 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. 56 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 - 9621 -9004 $50,000.00 Revenues Donation from the Roanoke Public 08 -530- 9621 -9622 50,000.00 Library Foundation Pursuant 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 Rayno� iY� . Tnnkle City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16"' day of November, 2015. No. 40395-111615. AN ORDINANCE amending a Planned Unit Development Plan as it pertains to 3837 Williamson Road, N. W., bearing Official Tax Map No. 2090601, by proffering a Planned Unit Development Plan dated September 28, 2015, and Building Elevations bearing that same date; 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 amend a Planned Unit Development Plan ( "Plan "), such Plan presently binding upon property located at 3837 Williamson Road, N. W., bearing Official Tax Map No. 2090601, which property is zoned INPUD, Institutional Planned Unit Development District, with proffers, and to proffer such Plan, as amended, and Building Elevations both of which are dated September 28, 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, 1 and after conducting a public hearing on the matter, has made its recommendation to J City Council; 57 WHEREAS, a public hearing was held by City Council on such application at its meeting on November 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 rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the amendment of the Planned Unit Development, as it pertains to 3837 Williamson Road, N. W., bearing Official Tax Map No. 2090601, as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the amendment of the Planned Unit Development Plan, as it pertains to 3837 Williamson Road, N. W., bearing Official Tax Map No. 2090601, as set forth in the Zoning Amendment Amended Application No. 2, dated November 4, 2015, subject to the proffered Planned Unit Development Plan and Building Elevations, both of which are dated September 28, 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 Reynolds, MMC avid B. Trinkle City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16" day of November, 2015. No. 40396 - 111615. AN ORDINANCE deleting proffered conditions presently binding upon property located at 23 241" Street, N. W., zoned RMF, Residential Multifamily District, with ' conditions, and proffering a new condition; and dispensing with the second reading of this ordinance by title. 58 WHEREAS, Evergreen Assisted Living Community, LLC, has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to delete certain conditions presently binding upon certain property located at 23 24th Street, N. W., being designated as Official Tax Map No. 2311102, which property is zoned RMF, Residential Multifamily District, with conditions, such conditions being accepted by the adoption of Ordinance No. 28817 - 101987, on October 19, 1987, and proffering a new condition; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on November 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 amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the ■ public necessity, convenience, general welfare and good zoning practice, require the rezoning as requested, and is of the opinion that conditions now binding upon property at 23 24"' Street, N. W., being designated as Official Tax Map No. 2311102, should be deleted as requested, and that such property be zoned RMF, Residential Multifamily District, with a proffer as set forth in the Zoning Amendment Amended Application No. 1 dated October 22, 2015. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the rezoning as requested in the Zoning Amendment Amended Application No. 1 dated October22, 2015, so that the subject property is zoned RMF, Residential Multifamily District, with a proffer. 59 O 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reynolds, MC V City Clerk J — David B. Trinkle Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 161" day of November, 2015. No. 40397 - 111615. AN ORDINANCE rezoning certain property located at an unaddressed lot on Colonial Avenue, S. W., from RM -2, Residential Mixed Density District, with conditions, to MXPUD, Mixed Use Planned Unit Development District, with conditions, and C repealing Ordinance No. 26387, adopted March 14, 1983, to the extent that it placed certain conditions on the subject property; and dispensing with the second reading of this ordinance by title. WHEREAS, William H. Fralin, Jr., on behalf of Retirement Unlimited, Inc., has made application to the Council of the City of Roanoke, Virginia ( "City Council'), to have property located at an unaddressed lot on Colonial Avenue, S. W, bearing Official Tax Map No. 1490201, rezoned from RM -2, Residential Mixed Density District, with conditions, to MXPUD, Mixed Use Planned Unit Development District, with conditions, and to repeal Ordinance No. 26387, adopted March 14, 1983, to the extent that it placed certain conditions on property located on the subject property, bearing Official Tax Map No. 1490201; 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 November 19, 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 .1 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 Ordinance No. 26387, adopted March 14, 1983, to the extent it placed certain conditions on the subject property, be repealed, and that the hereinafter described property should be rezoned as herein provided, as set forth in the Zoning Amendment Amended Application No. 1 dated October 16, 2015. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Ordinance No. 26387, adopted March 14, 1983, to the extent that it placed certain conditions on property located on an unaddressed lot on Colonial Avenue, S. W., bearing Official Tax Map No. 1490201, is hereby REPEALED, and that 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 such action. 2. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Map No. 1490201 located at an unaddressed lot on Colonial Avenue, S. W., be, and is hereby rezoned from RM -2, Residential Mixed Density District, with proffers, to MXPUD, Mixed Use Planned Unit Development Plan, subject to certain conditions proffered by the applicant, as set forth in the Zoning Amendment Amended Application No. 1 dated October 16, 2015. 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 'oonnil MMCP "d B. Tnnkle City Clerk ice -Mayor A IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The W day of November, 2015. No. 40398-111615. AN ORDINANCE providing for one or more non - exclusive franchises to construct, reconstruct, operate, maintain, repair, and extend a Gas Distribution System within the City of Roanoke, Virginia; establishing 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: The non - exclusive franchises to construct, reconstruct, operate, maintain, repair, and extend a Gas Distribution System within the City of Roanoke, Virginia shall provide as follows: SECTION 1. DEFINITIONS. For the purposes of this Ordinance, unless the context otherwise requires or it is otherwise herein expressly provided, the following terms shall have the following meanings: Ca. "City' shall mean the City of Roanoke, Virginia. b. "City Manager' shall mean the person appointed City Manager by Roanoke City Council pursuant to the Roanoke City Charter or the City Managers designee. In the absence of the City Manager, the term shall include a duly authorized Acting City Manager. C. "Franchise" shall mean the formal agreement, which authorizes the specific Grantee to construct, reconstruct, operate, maintain, repair, and extend a Gas Distribution System in the area defined by, and pursuant to the terms and conditions of, this Ordinance. d. "Franchise Fee" shall mean the fee paid by the Grantee to the City in consideration of the use of its Streets and administration of this Ordinance and the Franchise. e. "Gas Distribution System" or "System" shall mean the complete system in a physical sense including gas distribution lines, pipes, manholes and all other actual appliances and appurtenances necessary and incidental to the usual operation and maintenance of a gas works, or any portion of the System, in the Streets within the Territorial Limits of the City. Mo f. "Grantee" shall mean the Person granted a Franchise pursuant to the ' Franchise Agreement and this Ordinance and Grantee's agents, servants, employees, contractors, subcontractors and any other person or entity authorized by the Grantee to act on its behalf. g. "Ordinance" shall mean this Franchise Ordinance. h. "Person" shall mean any person, firm, partnership, association, corporation, company, organization, or other entity. i. "Street" shall mean the surface of and the space above and below any public street, road, highway, avenue, sidewalk, way, bridge, viaduct, alley, or other public right -of -way, including non -paved surfaces, now or hereafter held by the City for the purpose of public travel, communications, alarm, street lighting, power distribution, or similar public use. j. "Territorial Limits" shall mean the corporate limits of the City as such corporate limits now exist or may hereafter be extended or otherwise altered. k. "Work" shall mean Grantee's use of the Streets of the City; the acquisition, construction, reconstruction, erection, installation, operation, maintenance, repair, or extension of Grantee's Gas Distribution System; and the exercise of any right or privilege granted by or under this Ordinance or any Franchise. SECTION 2. GRANT OF AUTHORITY. The Franchise granted by the City and accepted by Grantee pursuant to the Franchise Agreement and this Ordinance shall provide to Grantee the right, privilege, and authority to construct, reconstruct, operate, maintain, repair, and extend a Gas Distribution System in the Territorial Limits of the City for the term specified in the Franchise. 63 SECTION 3. STREET AND RIGHT -OF -WAY USE NOT EXCLUSIVE For the purpose of constructing, operating, maintaining, and extending a Gas Distribution System in the Territorial Limits of the City, Grantee may erect, install, construct, repair, replace, relocate, reconstruct, remove, and retain in the Streets within the Territorial Limits of the City such pipes, lines, manholes, and any and all other additional appliances and appurtenances necessary and incidental to the usual operation of a Gas Distribution System, provided that all applicable permits are applied for and granted, all fees paid, and all other applicable local ordinances, codes, and regulations are otherwise complied with. Subject to State law, the right to use and occupy the Streets for the purposes set forth herein is not exclusive. The City reserves the right to grant one or more additional Franchises or other authorizations for similar use to any other Person at any time. SECTION 4. PUBLIC WORKS. The rights and privileges granted by this Ordinance shall not be in preference or hindrance to the rights at the City and any other lawful governmental authorities having jurisdiction to perform or carry out any public works or public improvements. Should the Gas Distribution System interfere with the construction, maintenance, or repair of such public works or improvements, Grantee, at its expense, shall protect or relocate the Gas C Distribution System, or any applicable part thereof, as directed by the City or other governmental authorities having jurisdiction. SECTION 5. USE OF STREETS. (a) General control. Grantee, in any opening it shall make in the Streets of the City, shall be subject to the provisions of this Ordinance and to all applicable ordinances, codes and regulations of the City. The Gas Distribution System of the Grantee shall be located so as not to interfere with the public safety or with the convenience of persons using the Streets. (b) Right of designation. The City reserves the right by resolution of the City Council or otherwise through proper representatives of the City to specifically designate the location of the Gas Distribution System of Grantee with reference to municipal facilities, sewer and water mains, drainage facilities, fiber optic cable, signal poles and lines and similar services, other facilities, such as public telephone utilities, public electric utilities, public cable television utilities, and railway communication and power lines, in such a manner as to protect the public safety and public ^ and private property and to facilitate the creation of a convenient, e I attractive, and harmonious community. Failure by the City to so designate �+ does not relieve Grantee of its responsibilities in matters of public safety as provided in this Ordinance. Grantee shall construct, maintain, and .a locate its Gas Distribution System so as not to interfere with the ' construction, location, and maintenance of sewer, water, drainage, electrical, signal, and fiber optic facilities of the City. Any designation of location required or authorized by this Ordinance shall be accomplished by the City so as not to unnecessarily delay the Grantee in any of its operations. (c) Notice to City. Except in the rases of emergencies under Subsection (d) of this Section, Grantee shall not move, alter, change, or extend any of its Gas Distribution System in any Street unless prior written notice of its intention so to do is given to the City Manager and permission in writing so to do is granted by the City Manager or such requirement is waived by the City Manager. Such permission shall be conditioned upon compliance with the terms and conditions of this Ordinance, with such other terms and conditions as will preserve, protect, and promote the safety of the public using the Streets, and as will prevent undue interference with or obstruction of the use of the Streets by the public, the City or by any other public utility or public service corporation for their respective purposes and functions, and shall not be unreasonably withheld. (d) Written permits. The City Council may require that written permits, in any and all cases, be obtained by Grantee whenever it becomes necessary for Grantee to excavate in the Streets in order to install, construct, maintain or extend the Gas Distribution System. Such permits, if required, may be made applicable to any and all types of excavations in the Streets, as prescribed by City Council, and City Council may, by resolution, establish a fee for each excavation made in a Street by a public utility. Such permits may state the particular part or point of the Streets where construction or excavation is to be conducted, the length of time in which such permit shall authorize such Work to be done and the hours of each day during which such Work shall be undertaken. A single permit may be issued for multiple excavations to be made in Streets; provided, however, any Street opening fee established by City Council shall apply to each excavation made in Streets of the City. Exceptions to the requirement for a written permit shall be allowed in cases of emergencies involving public safety or restoration of service. In the case of emergency excavations made in the Streets without permit, Grantee shall make a report of each such excavation to the City within four (4) hours of the beginning of the next business day and pay such fee as may be established by City Council for excavations in Streets by public utilities. Any permit applications and inspections related to repair of excavations shall be promptly acted upon by the City so as not to unnecessarily delay the Grantee in efficiently discharging its public service obligation. Any fees for permits or inspections charged by the City shall be based on the City's actual costs I of administering the program of issuing permits and conducting inspections. �W (e) Restoration of Streets. Immediately after installation, repair, or extension of the Gas Distribution System or any portion thereof or any pavement cut by Grantee in any Street of the City, the incidental trenches or excavations shall be refilled by Grantee in a manner consistent with the City of Roanoke Right of Way Excavation and Restoration Standards, Revised July 1, 2013, and as they may be amended. Grantee shall maintain, repair and keep in good condition for a period of two (2) years following such disturbance all portions of public ways disturbed by Grantee, provided such maintenance and repair shall be necessary because of defective workmanship or materials supplied by Grantee. (f) Removal of obstructions and defects. Grantee shall promptly remove or correct any obstruction or defect in any Street which may have been caused by Grantee in the installation, operation, maintenance, or extension of Grantee's Gas Distribution System. Any such obstruction or defect which is not promptly removed, repaired, or corrected by Grantee after proper notice so to do, given by the City to Grantee, may be removed or corrected by the City, and the cost thereof shall be changed against Grantee and may be enforced as a lien upon any of Grantee's properties or assets. Any expense of damage, relocation, or replacement to City stone sewer, storm drainage, or communication facilities resulting from construction or maintenance of Grantee's Gas Distribution System shall be bome by Grantee and any expense incurred in connection therewith by the City shall be reimbursed by the Grantee (g) Minimum inconvenience; protection of public. Grantee shall not open, disturb, or obstruct, at any one time, any more of the Streets, than reasonably may be necessary to enable it to proceed with advantage in laying or repairing its Gas Distribution System. Neither shall Grantee permit any Street so opened, disturbed, or obstructed by it in the installation, construction, repair, or extension of its Gas Distribution System to remain open or the public way disturbed or obstructed for a longer period of time than reasonably shall be necessary. In all cases where any Street shall be excavated, disturbed, or obstructed by Grantee, Grantee shall take all precautions necessary or proper for the protection of the public and shall maintain adequate warning signs, barricades, signals, and other devices necessary or proper to adequately give notice, protection, and warning to the public of the existence of all actual conditions present. W (h) Relocation of City facilities. Whenever the City shall widen, reconstruct, realign, pave, or repave any Street, or shall change the grade or line of any Street, or shall construct or reconstruct any storm sewer, drainage, or communications facility of the City, it shall be the duty of Grantee to move, alter, or relocate its Gas Distribution System or any part thereof as requested by the City at Grantee's cost and expense. Upon written notice by the City Manager of the City's intention to perform work as specified above, Grantee shall within a reasonable period of time accomplish its obligation in accordance with and to conform to the plans of the City for such construction, reconstruction, or improvements. Should the Grantee fail, refuse or neglect to comply with such notice, the Gas Distribution System or any part thereof may be removed, altered, or relocated by the City, the cost of which shall be paid by Grantee, and the City shall not be liable to Grantee for any damages resulting from such removal, alteration, or relocation. In cases where Grantee believes the costs of relocation by Grantee would be cost prohibitive and an alternative location of the City's facilities would be feasible, the City and Grantee shall jointly evaluate whether Grantee could reasonably pay any additional costs to the City of the alternative City facility location in lieu of relocating Grantee's facilities. Grantee shall not be required by the City to relocate its Gas Distribution System when any Street in which such System is located is vacated, closed, or abandoned by the City for the convenience of abutting property owners and not as an incident to a public improvement. The City shall give Grantee notice in writing of such proposed abandonments or Street closings to allow Grantee to protect its access interests. SECTION 6. SERVICE STANDARDS The rights and privileges granted and conferred upon the Grantee are granted upon the express condition and understanding that Grantee will render to the public and the City of Roanoke at all times during the term of this Franchise adequate and efficient gas service at reasonable rates and that it will maintain its properties, works, structures, facilities, and the Gas Distribution System located within the City in good order throughout the term of this Franchise. By accepting this Franchise, Grantee expressly agrees that the State Corporation Commission of Virginia shall have jurisdiction, to the full extent and in the same manner now or hereafter during the life of this Franchise provided by law, to require Grantee to render efficient service as aforesaid at reasonable rates and to maintain its properties in good order throughout the term of this Franchise and otherwise enforce, together with the City, in the Circuit Court for the City of Roanoke, the provisions of this Franchise to the full extent provided by law. Mo Cj SECTION 7. SAFETY STANDARDS. Grantee shall at all times employ a high standard of care and shall install and maintain in use approved methods and devices for preventing failure or accidents which are likely to cause damages, injuries, or nuisances to the public. SECTION 8. RESTORATION OF IMPAIRED SERVICE. In the event of any interruption or impairment of service by reason of force, nature, act of God, strike, breakdown, accident, or other happening beyond the control of Grantee, Grantee shall use every reasonable effort and shall exercise prompt diligence to restore such service with as little interruption as reasonably possible and, in all events, within a reasonable time, but any such interruption or failure of service caused by any of the aforesaid reasons shall not, of itself, constitute a breach of this Franchise. SECTION 9. COMPLIANCE WITH ALL LAWS. Grantee agrees to and will comply with all applicable federal, state, and local laws, ordinances, and regulations, including, but not limited to all applicable licensing requirements and environmental regulations. Grantee further agrees that Grantee does not and shall not during the performance of this Agreement; knowingly employ an unauthorized alien as defined in the Federal Immigration Reform & Control Act of 1986. SECTION 10. POLICE POWER. All rights and privileges granted hereby are subject to lawful exercise of the police power of the City to adopt and enforce local laws, rules, and regulations necessary to the health, safety, and general welfare of the public. Expressly reserved to the City is the right to adopt, in addition to the provisions of this Ordinance, the Franchise and existing laws, such additional ordinances and regulations as are necessary for the lawful exercise of its police power, for the benefit and safety of the public. SECTION 11. TAXES. Nothing contained in this Ordinance or in the Franchise shall be construed to exempt Grantee from any tax, levy, or assessment of the City, which is now or may hereafter be authorized by law. le doll SECTION 12. GRANTEE TO OWN SYSTEM Grantee shall, at all times during the term of this Franchise, have full possessory rights to all facilities and property, real and personal, of the Gas Distribution System, whether by ownership, lease, license, or otherwise. Grantee may discard or replace any property, real or personal, as long as Grantee can satisfy its obligations hereunder. SECTION 13. APPROVAL OF TRANSFER No sale, assignment or lease by Licensee of the Pipeline or of the privileges granted under this Ordinance or Franchise shall be effective until Licensee's successor shall have agreed in writing with the City to accept the terms and conditions of this Ordinance and Franchise and to perform in accordance with its terms and conditions. SECTION 14. LIABILITY. Grantee agrees and binds itself to indemnify, keep, and hold the City, its officers, agents, and employees free and harmless from liability on account of injury or damage to persons or property growing out of or directly or indirectly resulting from: (a) Grantee's use of the Streets of the City; (b) the acquisition, construction, reconstruction, erection, installation, operation, maintenance, repair or extension of Grantee's Gas Distribution System; (c) the exercise of any right or privilege granted by or under this Ordinance or any Franchise; or (d) the failure, refusal or neglect of Grantee to perform any duty imposed upon or assumed by Grantee by or under this Ordinance or any Franchise, including any obligations with respect to hazardous and toxic substances. In the event that any suit or proceeding shall be brought against the City at law or in equity, either independently or jointly with Grantee on account thereof, Grantee, upon notice given to it by the City, will defend the City in any such action or other proceeding, at the cost of the Grantee. In the event at a final judgment being awarded against the City, either independently or jointly with Grantee, then Grantee will pay such judgment or will comply with such decree, pay all costs and expenses of whatsoever nature, including without limitation all costs and expenses in eliminating or remedying environmental violations, and hold the City, its officers, agents, and employees harmless therefrom. SECTION 15. INSURANCE AND BOND REQUIREMENTS. (a) Requirement of insurance. Grantee shall, at its expense, obtain and maintain during the life of this Franchise, the insurance and bonds required by this Ordinance and the Franchise. Any required insurance and bonds shall be effective prior to the effective date of the Franchise. All such insurance shall be primary and noncontributory to any insurance or self- insurance the City may have. I LU (b) Commercial General Liabilitv. Grantee shall maintain during the Irfe of As Franchise, Commercial General Liability insurance coverage on an occurrence basis insuring against all claims, loss, cost, damage, expense, or liability from loss of life or damage or injury to persons or property arising out of any of the work or activity under or by virtue of this Franchise. The minimum limits of liability for this coverage shall be $10,000,000.00 combined single limit for anyone occurrence. (c) Contractual Liability. Grantee shall maintain during the life of its Franchise broad form Contractual Liability insurance including the indemnification obligation set forth in Section 14. (d) Workers' Compensation. Grantee shall maintain during the life of its Franchise Workers' Compensation insurance covering Grantee's statutory obligation under the laws of the Commonwealth of Virginia and Employers Liability insurance for all its employees engaged in work under its Franchise. Minimum limits of liability for Employers Liability shall be $100,000.00 bodily injury each occurrence; $500,000.00 bodily injury by disease (policy limit); and $100,000.00 bodily injury by disease (each employee). With respect to the Workers' Compensation coverage, the Grantee's insurance company shall waive rights of subrogation against the hll City, its officers, agents, and employees. (e) Automobile Liability. Grantee shall maintain during the life of its Franchise Automobile Liability insurance. The minimum limit of liability for such insurance shall be $1,000,000 combined single limit applicable to owned or non -owned vehicles used in the performance of any work under its Franchise. (f) Umbrella Coverage. The insurance coverages and amounts set forth in subsections (b), (c), (d), and (e) of this Section may be met by an umbrella liability policy following the forth of the underlying primary coverage in a minimum amount of $10,000,000.00. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by subsections (b), (c), (d), and (e), and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by Grantee to the City. 70 (g) Evidence of Insurance. All insurance, shall be written on an occurrence basis. In addition, the following requirements shall be met: 11110 //■■ (1) The Grantee shall furnish the City a certificate or certificates of insurance showing the type, amount, effective dates, and date of expiration of the policies. Certificates of insurance shall include any insurance deductibles,. (2) The required certificate or certificates of insurance shall include substantially the following statement: "The insurance covered by this certificate shall not be canceled or materially altered, except after thirty (30) days written notice has been provided to the City of Roanoke." (3) The required certificate or certificates of insurance shall name the City of Roanoke, its officers, agents, and employees as additional insureds with regard to general liability, and auto coverages and the certificate of insurance shall show if the policies provide such coverage. Where waiver of subrogation is required with respect to any policy of insurance required under this Section, such waiver shall be specified on the certificate of insurance. Additional insured and waiver endorsements shall be received by Roanoke Risk a Management from the insurer within 30 days of the beginning of this contract. The City's Risk Manager may approve other documentation of such insurance coverages. (4) Insurance coverage shall be in a form and with an insurance company approved by the City which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Ordinance or any Franchise granted under this Ordinance shall be authorized to do business in the Commonwealth of Virginia. (5) The Grantee shall notify the City in writing within ten (10) calendar days if any of the insurance coverages or policies are cancelled, changed, or modified and Grantee shall immediately replace such policies and provide documentation of such to the City. (h) Ranges and Limits. At the end of ten (10) years, the City shall have the right to require increases in the amounts of insurance specified above. Any adjustments shall bear a reasonable relation to any change in the cost of living or cost of repair or replacement, as measured by changes in the Consumer Price Index of the United States Bureau of Labor Statistics A applicable to the Commonwealth of Virginia or comparable measure if the fU, Consumer Price Index is no longer being issued. 71 O (i) Bond. Grantee shall post and maintain for the term of this Franchise a performance bond in favor of the City in the amount of $25,000.00. The bond shall be conditioned upon Grantee's full and punctual performance of Grantee's obligations and undertakings under this Ordinance and Franchise. The bond shall be issued by a bonding company approved by the City and deposited with the City Clerk of the City. SECTION 16. REPORTS. MAPS. AND PLATS (a) Grantee shall file annually with the City Manager a copy of Grantee's annual report, which report shall contain and reflect the audit and financial statement as pertains to the business operations of Grantee for the immediately preceding business year. Grantee's books and systems of account showing the gross income derived by Grantee from its supply and sale of gas in the City, the City of Salem, and the Town of Vinton shall be made available at all reasonable times for audit or inspection and verification by a duly authorized officer or agent of the City. (b) Grantee shall, upon written and reasonable request at any time from the City Manager, make available or furnish to the City Manager maps, plats, or plans, or copies thereof, showing the location of any or all of its Gas CDistribution System located in any Street of the City. SECTION 17. LIEN OF CITY. All debts, penalties, or forfeitures accruing to the City under the terms of this Ordinance shall constitute a lien upon the property and Franchise of Grantee within the City, subject, however, to then - existing prior liens. SECTION 18. JURISDICTION OF GOVERNMENTAL REGULATORY COMMISSIONS. If any provision of this Ordinance shall be in conflict with any constitutional provision, or any federal, State, or local law, or any lawful rule of the State Corporation Commission of Virginia, or of any other duly constituted body or commission legally authorized to prescribe rules governing the conduct of Grantee within the City, so that Grantee cannot reasonably comply with both the provisions of this Ordinance and such provision, law, or rule of such commission or body, then Grantee shall comply with such specific provision, law, or rule instead of with the conflicting provision of this Ordinance, but Grantee shall comply with each and all of the provisions of this Ordinance where such can be done without violating constitutional provisions, valid laws or rules of the said commission or body. Whenever Grantee has knowledge of such a conflict, Grantee shall immediately notify the City Manager in writing. 72 SECTION 19. NON - DISCRIMINATION. Grantee shall not discriminate on the basis of race, religion, color, sex, or national origin in its employment practices, contracting or provision of services. SECTION 20. NOTICE. All notices required under this Ordinance shall be given as provided in the Franchise. SECTION 21. TERM. 2016. The term of the Franchise shall be twenty (20) years, commencing on January 1, 2. This Ordinance is 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. M Ion Re nolhs �C Davi B. Trinkle City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16x' of November, 2015. No. 40399 - 111615. r AN ORDINANCE accepting a bid for a franchise to construct, operate, and maintain a natural gas distribution system in the City, upon certain terms and conditions, for a twenty (20) year term; authorizing the execution of a Gas Franchise Agreement by the City Manager; authorizing the City Manager to take such further actions and execute such other documents as may be necessary to implement, administer, and enforce the Gas Franchise Agreement; establishing an effective date; and dispensing with the .k second reading of this Ordinance by title. 73 { WHEREAS, by public notice published in The Roanoke Times pursuant to U Sections 15.2 -2100 and 15.2 -2101, Code of Virginia (1950), as amended, City Council has invited bids for a franchise to construct, operate, and maintain a natural gas distribution system upon certain property of the City for a term of twenty (20) years; WHEREAS, the written bid of Roanoke Gas Company, was delivered to the presiding officer of City Council in open session of the Council at 2:00 p.m. on November 16, 2015; WHEREAS, such bid was referred to the City Manager for evaluation and negotiation with Roanoke Gas Company as to the final terms and conditions of a Gas Franchise Agreement, consistent with the terns of the Franchise Ordinance being adopted simultaneously with this ordinance; WHEREAS, Roanoke Gas Company has agreed to accept the terms and conditions of the Gas Franchise Ordinance being adopted simultaneously with this ordinance and to enter into a Gas Franchise Agreement, a copy of such Gas Franchise Agreement is attached to the City Council Agenda Report dated November 16, 2015, and the City Manager recommends that City Council accept the bid of Roanoke Gas Company, such recommendation being fully set forth in the City Council Agenda Report dated November 16, 2015; WHEREAS, after proper and timely notice by advertisement as required by the Code of Virginia, City Council held a public hearing on this matter at its regular meeting on November 16, 2015, at which public hearing all parties in interest and other persons were given an opportunity to be heard, both for and against the proposed Gas Franchise Agreement; and WHEREAS, after closing the public hearing, City Council believes that granting a franchise in accordance with the terms of the Franchise Ordinance to Roanoke Gas Company will benefit the City and its citizens THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Roanoke Gas Company for a franchise to construct, operate and maintain a natural gas distribution system upon certain public property of the City, such bid being on file in the Office of the City Clerk and attached to the City Council Agenda Report dated November 16, 2015, is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a Gas Franchise Agreement, effective January 1, 2016, a copy of which is on file in the Office of the City Clerk and is also attached to the City Council Agenda Report dated November 16, 2015, and such Gas Franchise Agreement shall be in such form as is approved by the City Attorney. NO 74 3. The City Manager is further authorized to take such further actions and to I execute such other documents as may be necessary to implement, administer, and enforce the Gas Franchise Agreement. 4. This Ordinance is effective as of the date of its passage. 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: yam, )�►-Cn^�/1 Step M `Moon ynoldts, C David B. Trinkle City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of November, 2015. No. 40400-111615. r AN ORDINANCE accepting a bid for the right to construct, reconstruct, operate, maintain, and repair a gas transmission pipeline on certain property of the City and authorizing the execution of a Gas Pipeline License Agreement for a twenty year term; authorizing the City Manager to execute the Gas Pipeline License Agreement; authorizing the City Manager to take such further actions and execute such other documents as may be necessary to implement, administer, and enforce the Gas Pipeline License Agreement; establishing an effective date; and dispensing with the second reading of this Ordinance by title. WHEREAS, by public notice published in The Roanoke Times pursuant to § §15.2 -2100 and 15.2 -2101, Code of Virginia (1950), as amended, the City Council has invited bids for the right to use certain property of the City for the construction, reconstruction, operation, maintenance, and repair of a gas transmission pipeline for a term of twenty years; WHEREAS, the written bid of Roanoke Gas Company was delivered to the presiding officer of City Council in open session of the Council at 2:00 p.m. on November 16, 2015; WHEREAS, such bid was referred to the City Manager for evaluation and negotiation with Roanoke Gas Company as to the final terms and conditions of a Gas Pipeline License Agreement; 75 C WHEREAS, Roanoke Gas Company has agreed to enter into the Gas Pipeline License Agreement with the City on file in the Office of the City Clerk and the City Manager recommends that City Council accept the bid of Roanoke Gas Company and approve the execution, delivery, and performance of the Gas Pipeline License Agreement, a copy of which license agreement is attached to the City Council Agenda Report dated November 16, 2015; WHEREAS, after proper and timely notice by advertisement as required by the Code of Virginia, City Council held a public hearing on this matter at its regular meeting on November 16, 2015, at which public hearing all parties in interest and other persons were given an opportunity to be heard, both for and against the proposed Gas Pipeline License Agreement; WHEREAS, City Council determined that the bid of Roanoke Gas Company to acquire the license as set forth in the Gas Pipeline License Agreement was the most responsive and responsible bid received by the City and City Council desires to accept such bid; and WHEREAS, after closing the public hearing, City Council believes that granting the license to Roanoke Gas Company to construct, reconstruct, operate, maintain, and C repair a gas transmission pipeline in accordance with the terms of the proposed Gas Pipeline License Agreement will benefit the City and its citizens. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Roanoke Gas Company for the right to construct, reconstruct, operate, maintain, and repair a gas transmission pipeline for a term of twenty years within a certain right -of -way approximately 14,129 feet in length on City -owned property known as the Carvins Cove Reservoir property in Botetourt County, Virginia, and Roanoke County, Virginia, such bid being on file in the Office of the City Clerk and a copy is attached to the City Council Agenda Report dated November 16, 2015, is hereby ACCEPTED. Any and all other bids made to the City for this matter are hereby rejected. 2. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a Gas Pipeline License Agreement, effective January 1, 2016, a copy of which is attached to the City Council Agenda Report dated November 16, 2015, and a copy of which is on file in the Office of the City Clerk, and such agreement shall be in such form as is approved by the City Attorney. 3. The City Manager is further authorized to take such further actions and to execute such other documents as may be necessary to implement, administer, and enforce the Gas Pipeline License Agreement. 76 4. This Ordinance is effective as of the date of its passage. 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 Mon Reyn1lds, MIv1bJ ` avidB. Trinkle Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16" day of November, 2015. No. 40401 - 111615. AN ORDINANCE amending and reordaining Article 11, Election Districts? Voting Precincts and Places, Chapter 10, Elections, of the Code of the City of Roanoke (1979) as amended, to establish one election district, 21 voter precincts and 21 polling places within the election district, and one central absentee voter precinct; providing for an effective date; and dispensing with the second reading of this ordinance by title. WHEREAS, the City of Roanoke has maintained 32 separate voter precincts throughout the City and one (1) central absentee voter precinct at the Noel C. Taylor Municipal Building for several years; WHEREAS, in 2011, Council of the City of Roanoke requested the Roanoke Electoral Board (the "Electoral Board ") to review the current alignment and composition of voter precincts and make recommendations to the Council with respect to the consolidation or realignment of voter precincts within the City; WHEREAS, the Electoral Board presented a proposed realignment of voter precincts within the City that would reduce the number of voter precincts from 32 to 26 and maintain one (1) absentee voter precinct; WHEREAS, the Council expressed concerns over this proposal and requested the Electoral Board to review the entire electoral precinct map and develop an alternative proposal; WHEREAS, the Electoral Board, the Registrar, GIS staff, and staff from the City Planning, Building and Development Department assembled to consider the creation of a new electoral precinct map; 77 WHEREAS, this group considered the requirements of the Code of Virginia, the current configuration of House of Delegate Districts, and availability and accessibility of polling places and developed a plan which created 19 voter precincts within the City and maintained one (1) absentee voter precinct; WHEREAS, the Electoral Board hosted five (5) informational sessions in various parts of the City in the summer of 2012 so that citizens could attend to express their opinions of the proposed voter precinct plan; WHEREAS, Council set the proposal of the Electoral Board for a public hearing on November 19, 2012; WHEREAS, several citizens appeared before Council at the public hearing to express their concems regarding the proposed realignment of the voter precincts; WHEREAS, Council did not vote to adopt or reject the proposed voter precincts prepared by the electoral board; WHEREAS, Council adopted a Resolution No. 39564 - 010713 on January 7, 2013, to create a citizen's task force "to review the current alignment of the City's voter C precincts, Electoral Board proposal, and the voting process and to make recommendations to City Council;" WHEREAS, the Election Precincts Task Force organized, met, and held public hearings in accordance with the directives of Resolution 39564 - 010713 and submitted its recommendation to City Council on May 14, 2013 (the "Task Force Recommendation "); WHEREAS, the Task Force Recommendation proposed the creation of 20 voter precincts within the City and one (1) absentee voter precinct at the Noel C. Taylor Municipal Building; WHEREAS, the Election Precincts Task Force appeared before Council at a work session of Council on June 3, 2013, to respond to questions from Council; WHEREAS, Council directed the City Attomey to prepare an ordinance that would adopt the Task Force Recommendation to create 20 voter precincts within the City and maintain one (1) absentee voter precinct at the Noel C. Taylor Municipal Building; WHEREAS, during a review of the proposed ordinance to create 20 voter precincts within the City and maintain one (1) absentee voter precinct at the Noel C. Taylor Municipal Building, City staff, including the General Registrar, the City Attorney, and GIS staff discovered that the current boundaries of House of Delegates Districts 11 and 17 did not follow the precinct lines as established in current City Code; W WHEREAS, Council tabled further discussion of any precinct realignment until Q City staff could explore the possibility that the General Assembly would amend the boundaries of House of Delegates Districts 11 and 17 to conform those boundaries to the existing City precinct boundaries; WHEREAS, the General Assembly did not consider any adjustment to the boundaries of House of Delegates Districts 11 and 17 during the 2015 session of the General Assembly; WHEREAS, City staff worked with Council Member Bestpitch to develop a precinct realignment plan that created 21 precincts within the City and maintained one (1) absentee voter precinct at the Noel C. Taylor Municipal Building; and WHEREAS, Council authorized the scheduling of a public hearing on Monday, November 16, 2015, to consider adoption of an ordinance to establish one (1) election district within the City, create 21 voter precincts and 21 polling places within the election district, and maintain one (1) absentee voter precinct at the Noel C. Taylor Municipal Building. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: ON 1. Article II, Election Districts: Voting Precincts and Places, Chapter 10, Elections, bw of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: 1014 416" n u 79 Of 00- NO Air"NO WIN imi-O NIF WON FOOEI L**l QIR� REAMPM �-tylm�m I- -oil -11, 1 -0 1, WOM. ... . . QIR� REAMPM �-tylm�m I- I R 1,0 R. - WOM. ... . . ........ "if - =- MI ...... ......... . ............. - ---- - --- r . ......... a.wwo MAIN . 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WN ..... ......... ....... . ....... M-M k7irml 1 � m - - e �-- It � M - - ------------ - ------------------------------- - ---- -------- - ------ --------- - �. III" . ... - z The vat ng plaGe n Raleigh Court PreGInGt NO. 3 shall he nstAhl shed at Patki H9RFY High gGh991, lianated at 2102 GFandiR R 1. — "' w".-M-M-0-1 .............. . .. ....... The vat ng plaGe n Raleigh Court PreGInGt NO. 3 shall he nstAhl shed at Patki H9RFY High gGh991, lianated at 2102 GFandiR R 1. — "' .............. . .. .. . .. . ........ .... .......... . . . . . .......... -------------- -- ......... . .. ....... - - ------- ----- -------------------- WIN ......... - The vat ng plaGe n Raleigh Court PreGInGt NO. 3 shall he nstAhl shed at Patki H9RFY High gGh991, lianated at 2102 GFandiR R 1. — "' Me rarrn�r Mesa�+�mr� , . 91 rmW RPIA ._ s N. M-w :: - ._ s N. I 93 MOO NO Ill ymmi� WIN 94 San. 40 80. S;Rrnp VGt1Rg place. ElementaFy School, legated at 374 A Garden Gity Boulevard, S.E. Article II - Election District: Voter Precincts and Polling Places Sec. 10-14. Generally. The territory embraced within the corporate limits of the city is hereby established as one election district, and voter precincts and polling places shall be established in such election district as set forth in the following sections of this chapter. Sec. 10 -15. Alternative Polling Places. Should the polling place established by any section of this chapter be unusable or inaccessible, as the result of an emergency, the electoral board shall provide an alternative polling place in accordance with Section 24.2- 310(D), Code of Virginia (1950), as amended. Sec. 10 -16. Central absentee voter Precinct. (a) In accordance with Section 24.2 -712 of the Code of Virginia (1950), as , amended, a central absentee voter precinct is hereby established at the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., at which all absentee ballots will be received, counted, and recorded for all elections held in the city. (b) The city manager is hereby authorized and directed to provide the electoral board with adequate and sufficient room and office space within the Noel C. Taylor Municipal Building for the purposes of the central absentee voter precinct, which space when used for purposes of elections held in the city, shall be under the management and control of the electoral board. Sec. 10 -17. Voter Precinct No. 1, Peters Creek Precinct— Boundaries The boundaries of Voter Precinct No. 1, Peters Creek Precinct, are as follows: Beginning at the intersection of Peters Creek Road, N. W., and Interstate 581, thence, South along the centerline of Interstate 581 to Hershberger Road, N. W.; thence, West along the centerline of Hershberger Road, N. W., to Westside Boulevard, N. W.; thence, South along the centerline of Westside Boulevard, N. W., to Melrose Avenue, N. W.; thence, West along the centerline of Melrose Avenue, N. W., to Peters Creek Road, N. W.; thence, North along Peters Creek Road, N. W., to Peters Creek; thence, North along Peters Creek to the City Limit Boundary; thence, clockwise along the City Limit Boundary to the point of beginning. ' 95 Sec.10 -18. Same — Polling Place. The polling place in Voter Precinct No. 1, Peters Creek Precinct, is hereby established at the Ruffner Operations Center, located at 3601 Ferncliff Avenue, N. W. Sec. 10 -19. Voter Precinct No. 2 Grandview Precinct— Boundaries. The boundaries of Voter Precinct No. 2, Grandview Precinct, are as follows: Beginning at the intersection of Williamson Road, N. W., and Hershberger Road, N. W.; thence, South along the centerline of Williamson Road, N. W., to Oakland Boulevard, N. W.; thence, West along the centerline of Oakland Boulevard, N. W., to its intersection, if extended, with Interstate 581; thence, South along the centerline of Interstate 581 to 101" Street, N. W.; thence, South along the centerline of 10s Street, N. W., to Grayson Avenue, N. W.; thence, West along the centerline of Grayson Avenue, N. W., to Thomas Avenue, N. W.; thence, West along the centerline of Thomas Avenue, N. W., to 12'h Street, N. W.; thence, North along the centerline of 12� Street, N.W., to Syracuse Avenue, N. W.; thence, West along the centerline of Syracuse Avenue, N.W., to 161" Street, N. W.; thence, North along the centerline of 161" Street, N.W., to Andrews Road, N. W.; thence, West along the centerline of Andrews Road, N.W., to Cove Road, N. W.; thence, West along the centerline of G Cove Road, N. W., to Hershberger Road, N. W.; thence, East along the centerline of Hershberger Road, N. W., to the point of beginning. Sec. 10 -20. Same — Polling Place. The polling place in Voter Precinct No. 2, Grandview Precinct, is hereby established at St. James Episcopal Church, located at 4515 Delray Street, N. W. Sec. 10 -21. Voter Precinct No. 3 Preston Park Precinct — Boundaries. The boundaries of Voter Precinct No. 3, Preston Park Precinct, are as follows: Beginning at a point on the Northerly City Limit Boundary where it intersects with the North -South line of the Norfolk Southern Railway Company; thence, South along the North -South line of the Norfolk Southern Railway Company to Hollins Road, N. E.; thence, West along the centerline of Hollins Road, N. E., to Huntington Boulevard, N. E.; thence, West along the centerline of Huntington Boulevard, N. E., to Oliver Road, N. E.; thence, North along the centerline of Oliver Road, N. E., to Fleming Avenue, N. E.; thence, West along the centerline of Fleming Avenue, N. E., to Oakland Boulevard, N. E.; thence, South along the centerline of Oakland Boulevard, N. E., to Williamson Road, N. W.; thence, North along the centerline of Williamson Road, N.W., to Hershberger Road, N. W.; thence, West along the centerline Q of Hershberger Road, N. W., to Interstate 581; thence, North along Interstate 581 to the City Limit Boundary; thence, clockwise along the City Limit Boundary to the point of beginning. PLO] Sec. 10 -22. Same — Polling Place. I The polling place in Voter Precinct No. 3, Preston Park Precinct, is hereby established at the Preston Park Recreation Center, located at 3137 Preston Avenue, N. W. Sec. 10 -23. Voter Precinct No. 4. Williamson Road Precinct — Boundaries. The boundaries of Voter Precinct No. 4, Williamson Road Precinct, are as follows: Beginning at the intersection of Old Mountain Road, N. E., and Hollins Road, N. E.; thence, South along the centerline of Hollins Road, N. E., to Liberty Road, N. E.; thence, West along the centerline of Liberty Road, N. E., to Plantation Road, N. E.; thence, South along the centerline of Plantation Road, N. E., to Murrell Road, N. E.; thence, West along the centerline of Murrell Road, N. E., to Midland Street, N. E.; thence, South along the centerline of Midland Street, N. E., to Laconia Avenue, N. E.; thence, West along the centerline of Laconia Avenue, N. E., to Williamson Road, N. E.; thence, North along the centerline of Williamson Road, N. E., to Liberty Road, N. W.; thence, West along the centerline of Liberty Road, N. W., to Interstate 581; thence, North along Interstate 581 to the intersection of Oakland Boulevard, N. W., as extended; ' thence, East along the centerline of Oakland Boulevard, N. W., to Oakland Boulevard, N. E.; thence, North along the centedine of Oakland Boulevard, N. E., to Fleming Avenue, N. E.; thence, East along the centerline of Fleming Avenue, N. E., to Oliver Road, N. E.; thence, South along the centerline of Oliver Road, N. E., to Huntington Boulevard, N. E.; thence, East along the centerline of Huntington Boulevard, N. E., to Hollins Road, N. E.; thence, East along the centerline of Hollins Road, N. E., to the point of beginning. Sec. 10 -24. Same — Polling Place. The polling place in Voter Precinct No. 4, Williamson Road Precinct, is hereby established at Noel C. Taylor Academy at Oakland School, also known as Noel Taylor Academy at Oakland, located at 3229 Williamson Road, N. W. Sec. 10 -25. Voter Precinct No. 5. East Gate Precinct — Boundaries. The boundaries of Voter Precinct No. 5, East Gate Precinct, are as follows: Beginning at a point on the City Limit Boundary that intersects Orange Avenue, N. E.; thence, clockwise along the City Limit Boundary to Gus Nicks Boulevard, N. E.; thence, North along the centerline of Gus Nicks Boulevard, N. E., to King Street, N. E.; thence, East along the centerline of King Street, N. E., to Orange Avenue, N. E.; thence, West along the centerline of Orange Avenue, N. E., to Tinker Creek; thence, North along Tinker Creek to Old Mountain Road, N. E.; thence, South along the 97 C centerline of Old Mountain Road, N. E., to Hollins Road, N. E.; thence, East along the centerline of Hollins Road, N. E., to the North -South line of the Norfolk Southern Railway Company; thence, North along the North -South line of the Norfolk Southern Railway Company to the City Limit Boundary; thence, clockwise along the City Limit Boundary to the point of beginning. Sec. 10 -26. Same — Polling Place. The polling place in Voter Precinct No. 5, East Gate Precinct, is hereby established at East Gate Church of the Nazarene, located at 2002 Eastgate Avenue, N. E. Sec. 10 -27. Voter Precinct No. 6 Hollins Road Precinct— Boundaries. The boundaries of Voter Precinct No. 6, Hollins Road Precinct, are as follows: Beginning at a point where Tinker Creek intersects Old Mountain Road, N. E.; thence, South along Tinker Creek to Orange Avenue, N. E.; thence, East along the centerline of Orange Avenue, N. E., to King Street, N. E.; thence, West along the centerline of King Street, N. E., to Gus Nicks Boulevard, N. E.; thence, South along the centerline of Gus Nicks Boulevard, N. E., to the City Limit Boundary; thence, clockwise along the City C Limit Boundary to Dale Avenue, S E.; thence, West along the centerline of Dale Avenue, S. E., to 13'' Street, S. E.; thence, North along the centerline of 13"' Street, S. E., to Wise Avenue, S. E.; thence, East along the centerline of Wise Avenue, S. E., to 10 Street, S. E.; thence, North along the centerline of 14" Street, S. E., to Norfolk Avenue, S. E.; thence, East along the centerline of Norfolk Avenue, S. E., to Hollins Road, N. E.; thence, North along the centerline of Hollins Road, N. E., to the East -West line of the Norfolk Southern Railway Company; thence, West along the East - West line of the Norfolk Southern Railway Company to Interstate 581; thence, North along Interstate 581 to Liberty Road, N .E.; thence, East along the centerline of Liberty Road, N. E., to Williamson Road, N. E.; thence, South along the centerline of Williamson Road, N. E., to Laconia Avenue, N. E.; thence, East along the centerline of Laconia Avenue, N. E., to Midland Street, N. E.; thence, North along the centerline of Midland Street, N. E., to Murrell Road, N. E.; thence, East along the centerline of Murrell Road, N. E., to Plantation Road, N. E.; thence, North along the centerline of Plantation Road, N. E., to Liberty Road, N. E.; thence, East along the centerline of Liberty Road, N. E., to Hollins Road, N. E.; thence, North along the centerline of Hollins Road, N. E., to Old Mountain Road, N. E.; thence, North along the centerline of Old Mountain Road, N. E., to the point of beginning. Sec. 10-28. Same — Polling Place. The polling place in Voter Precinct No. 6, Hollins Road Precinct, is hereby C established at the Public Works Service Center, located at 1802 Courtland Road, N. E. 98 Sec. 10 -29. Voter Precinct No. 7, Southeast Precinct — Boundaries. The boundaries of Voter Precinct No. 7, Southeast Precinct, are as follows Beginning at a point where Dale Avenue, S. E., intersects the City Limit Boundary; thence, clockwise along the City Limit Boundary to its intersection with the Roanoke River; thence, West along the Roanoke River to Walnut Avenue, S. E.; thence, West along the centerline of Walnut Avenue, S. E., to the Roy L. Webber Expressway (also known as Interstate 581); thence, North along the Roy L. Webber Expressway (also known as Interstate 581) to Elm Avenue, S. E.; thence, East along the centerline of Elm Avenue, S. E., to Bullitt Avenue, S. E.; thence, East along Bullitt Avenue, S. E., to 11'" Street, S. E.; thence, north along the centerline of 11s Street, S. E., to Tazewell Avenue, S. E.; thence, East along the centerline of Tazewell Avenue, S. E., to 11th Street, S. E.; thence, North along the centerline of 11 ' Street, S. E., to Church Avenue, S. E.; thence, East along the centerline of Church Avenue, S.E., to 12'" Street, S. E.; thence, North along the centerline of 121" Street, S. E., to the East -West line of the Norfolk Southern Railway Company; thence, East along the East -West line of the Norfolk Southern Railway Company to Hollins Road, N. E.; thence, South along the centerline of Hollins Road, N. E., to Norfolk Avenue, S. E.; thence, West along the centerline of Norfolk Avenue, S.E., to 14'" Street, S. E.; thence, South along the centerline of 141" Street, S. E., to Wise Avenue, S. E.; thence, West along the centerline of Wise Avenue, S. E., to 13th Street, S. E.; thence, , South along the centerline of 131" Street, S. E., to Jamison Avenue, S. E.; thence, East along the centerline of Jamison Avenue, S. E., to where it becomes Dale Avenue, thence, East along Dale Avenue, S. E., to the point of beginning. Sec. 10-30. Same — PollingPlace. The polling place in Voter Precinct No. 7, Southeast Precinct, is hereby established at Jackson Park Library, located at 1101 Morningside Street, S. E. Sec. 10 -31. Voter Precinct No. 8, Lincoln Terrace Precinct - Boundaries. The boundaries of Voter Precinct No. 8, Lincoln Terrace Precinct, are as follows: Beginning at the intersection of 10"' Street, N. W., and Interstate 581; thence, South along Interstate 581 to the East -West line of the Norfolk Southern Railway Company; thence, West along the East -West line of the Norfolk Southern Railway Company to 151 "Street, N. W., as extended from Shenandoah Avenue, N. W.; thence, North along the centerline of 15'" Street, N. W., to Hanover Avenue, N. W.; thence, East along the centerline of Hanover Avenue, N. W., to 13� Street, N. W., to where it becomes Rugby Boulevard, N. W.; thence, North along the centerline of Rugby Boulevard, N. W., to W Street, N. W.; thence, North along the centerline of 141' Street, N. W., to Syracuse Avenue, N. W.; thence, East along the centerline of Syracuse Avenue, N. W., •• C to 121" Street, N. W.; thence, South along the centerline of 12" Street, N. W., to Thomas Avenue, N. W.; thence, East along the centerline of Thomas Avenue, N. W., to Grayson Avenue, N. W.; thence, East along the centerline of Grayson Avenue, N. W., to 101" Street, N. W.; thence, North along the centerline of 10th Street, N. W., to the point of beginning. Sec. 10 -32. Same — Polling Place. The polling place in Voter Precinct No. 8, Lincoln Terrace Precinct, is hereby established at the Lincoln Terrace Elementary School, located at 1802 Liberty Road, N. W. Sec. 10 -33. Voter Precinct No 9 Highland Precinct — Boundaries. The boundaries of Voter Precinct No. 9, Highland Precinct, are as follows: Beginning at the intersection of the East -West line of the Norfolk Southern Railway Company and 12'" Street, S. E., as extended from Norfolk Avenue, S. E.; thence, South along the centerline of 12'" Street, S. E., to Church Avenue, S. E.; thence, West along the centerline of Church Avenue, S. E., to 11' Street, S. E.; thence, South along the centerline of 111" Street, S. E., to Tazewell Avenue, S. E.; thence, West along the C centerline of Tazewell Avenue, S.E., to 11" Street, S. E; thence, South along the centerline of 11' Street, S. E., to Bullitt Avenue, S. E.; thence, West along the centerline of Bullitt Avenue, S. E., to Elm Avenue, S. E.; thence, West along the centerline of Elm Avenue, S .E., to the Roy L. Webber Expressway (also known as Interstate 581); thence, South along the Roy L. Webber Expressway (also known as Interstate 581) to Franklin Road, S. W.; thence, North along the centerline of Franklin Road, S. W., to Elm Avenue, S. W.; thence, West along the centerline of Elm Avenue, S. W., to Main Street, S. W.; thence, South along the centedine of Main Street, S. W., to the Roanoke River; thence, West along the Roanoke River to Bridge Street, S. W.; thence, North along the centerline of Bridge Street, S. W., as extended to the East -West line of the Norfolk Southern Railway Company; thence, East along the East -West line of the Norfolk Southern Railway Company to the point of beginning. Sec. 10-34. Same — Polling Place. The polling place in Voter Precinct No. 9, Highland Precinct, is hereby established at Calvary Baptist Church, located at 608 Campbell Avenue, S.W. Sec. 10-35. Voter Precinct No. 10 Old Southwest - Wasena Precinct - Boundaries. r The boundaries of Voter Precinct No. 10, Old Southwest - Wasena Precinct, are as follows: 100 Beginning at the intersection of Elm Avenue, S. W., and Franklin Road, S. W.; ' thence, South along the centerline of Franklin Road, S. W., to the Roy L. Webber Expressway; thence, South along the Roy L. Webber Expressway to Brandon Avenue, S. W.; thence, West along the centerline of Brandon Avenue, S. W., to Colonial Avenue, S. W.; thence, West along the centerline of Colonial Avenue, S. W., to 23rd Street, S. W.; thence, North along the centerline of 23`d Street, S. W., to Brandon Avenue, S. W.; thence, West along the centerline of Brandon Avenue, S. W., to Canterbury Road, S. W.; thence, North along the centerline of Canterbury Road, S. W., to Windsor Avenue, S. W.; thence, West along the centerline of Windsor Avenue, S. W., to Winborne Street, S. W.; thence, North along the centerline of Winborne Street, S. W., to Bluemont Avenue, S. W.; thence, East along the centerline of Bluemont Avenue, S. W., to Denniston Avenue, S. W.; thence, north along the centerline of Denniston Avenue, S. W., to Memorial Avenue, S. W.; thence, East along the centerline of Memorial Avenue, S. W., to the Roanoke River; thence, East along the Roanoke River to Main Street, S. W.; thence, North along the centerline of Main Street, S. W., to Elm Avenue, S. W.; thence, East along the centerline of Elm Avenue, S. W., to the point of beginning. Sec. 10 -36. Same — Polling Place. The polling place in Voter Precinct No. 10, Old Southwest - Wasena Precinct, is hereby established at the Highland Park Elementary School, located at 1212 5th Street, ' S. W. Sec. 10 -37. Voter Precinct No. 11, Raleigh Court Precinct - Boundaries. The boundaries of Voter Precinct No. 11, Raleigh Court Precinct, are as follows: Beginning at the intersection of Brandon Avenue, S. W., and Colonial Avenue, S. W.; thence, East along the centerline of Brandon Avenue, S. W., to Franklin Road, S. W.; thence, South along the centerline of Franklin Road, S. W., to the North -South line of the Norfolk Southern Railway Company; thence, South along the North -South line of the Norfolk Southern Railway Company to a point where it intersects with the Northeastern boundary of the campus of Virginia Western Community College as extended; thence, North along the Northeastern boundary of the campus of Virginia Western Community College to Colonial Avenue, S. W.; thence, West along the centerline of Colonial Avenue, S. W., to Overland Road, S. W.; thence, North along the centerline of Overland Road, S. W., to Brambleton Avenue, S. W.; thence, West along the centerline of Brambleton Avenue, S.W., to Montgomery Avenue, S. W.; thence, North along the centerline of Montgomery Avenue, S. W., to Woodlawn Avenue, S. W.; thence, North along the centerline of Woodlawn Avenue, S. W., to Oregon Avenue, S. W.; thence, East along the centerline of Oregon Avenue, S. W., to Guilford Avenue, S. W.; thence, North along the centerline of Guilford Avenue, S. W., to ' Grandin Road, S. W.; thence, East along the centerline of Grandin Road, S. Brandon Avenue, S. W.; thence, West along the centerline of Brandon Avenue, 101 Q to Carter Road, S.W.; thence, North along the centerline of Carter Road, S. W., to Sherwood Avenue, S. W.; thence, East along the centerline of Sherwood Avenue, S. W., to Grandin Road, S. W.; thence, North along the centerline of Grandin Road, S. W., to Memorial Avenue, S. W.; thence, East along the centerline of Memorial Avenue, S. W., to Denniston Avenue, S. W.; thence, South along the centerline of Denniston Avenue, S. W., to Bluemont Avenue, S. W.; thence, West along the centerline of Bluemont Avenue, S. W., to Winbome Street, S. W.; thence, South along the centerline of Winbome Street, S. W., to Windsor Avenue, S. W.; thence, East along the centerline of Windsor Avenue, S. W., to Canterbury Road, S. W.; thence, South along the centerline of Canterbury Road, S. W., to Brandon Avenue, S. W.; thence, East along the centerline of Brandon Avenue, S. W., to 23rd Street, S. W.; thence, South along the centerline of 23rd Street, S. W., to Colonial Avenue, S. W.; thence, East along the centerline of Colonial Avenue, S. W., to the point of beginning. Sec. 10 -38. Same — Polling Place. The polling place in Voter Precinct No. 11, Raleigh Court Precinct, is hereby established at Christ Lutheran Church, located at 2011 Brandon Avenue, S. W. Sec. 10 -39. Voter Precinct No. 12 South Roanoke Precinct — Boundaries. Sec. 10 -40. Same — Polling Place. The polling place in Voter Precinct No. 12, South Roanoke Precinct, is hereby established at the Crystal Spring Elementary School, located at 2620 Carolina Avenue, S. W. Sec. 10 -41. Voter Precinct No 13 Garden City Precinct — Boundaries. The boundaries of Voter Precinct No. 13, Garden City Precinct, are as follows: The boundaries of Voter Precinct No, 12, South Roanoke Precinct, are as follows: Beginning at the intersection of 20 Street, S. E., and Yellow Mountain Road, S. E.; thence, South along the centerline of Yellow Mountain Road, S. E., to the City Limit Boundary; thence, clockwise along the City Limit Boundary to Franklin Road, S. W.; thence, North along the centerline of Franklin Road, S. W., to Avenham Avenue, S. W.; thence, North along the centerline of Avenham Avenue, S. W., to 26d Street, S. W.; thence, East along the centerline of 26� Street, S. W., to Jefferson Street, S. W.; thence, North along the centerline of Jefferson Street, S. W., to 24' Street, S. E.; thence, East along the centerline of 20 Street, S. E., to the point of beginning. Sec. 10 -40. Same — Polling Place. The polling place in Voter Precinct No. 12, South Roanoke Precinct, is hereby established at the Crystal Spring Elementary School, located at 2620 Carolina Avenue, S. W. Sec. 10 -41. Voter Precinct No 13 Garden City Precinct — Boundaries. The boundaries of Voter Precinct No. 13, Garden City Precinct, are as follows: 102 Beginning at the intersection of the Roanoke River and the City Limit Boundary North of the Water Pollution Control Plant; thence, clockwise along the City Limit Boundary to Yellow Mountain Road, S.E.; thence, North along the centerline of Yellow Mountain Road, S. E., to the Mill Mountain Parkway; thence, North along the centerline of the Mill Mountain Parkway to the J.B. Fishburn Parkway; thence, North along the centerline of the J.B. Fishburn Parkway to Walnut Avenue, S .E.; thence, West along the centerline of Walnut Avenue, S. E., to the Roanoke River; thence, East along the Roanoke River to the point of beginning. Sec. 10 -42. Same — Polling Place. The polling place in Voter Precinct No. 13, Garden City Precinct, is hereby established at the Garden City Elementary School, located at 3718 Garden City Boulevard, S. E. Sec. 10 -43. Voter Precinct No. 14, Crystal Spring Precinct — Boundaries. The boundaries of Voter Precinct No. 14, Crystal Spring Precinct, are as follows: Beginning at the intersection of the Roy L. Webber Expressway (also known as Interstate 581) and Walnut Avenue, S. E.; thence, East along the centerline of Walnut ' Avenue, S. E., to the J.B. Fishburn Parkway; thence, South along the centerline of the J.B. Fishburn Parkway to the Mill Mountain Parkway; thence, South along the centerline of the Mill Mountain Parkway to Yellow Mountain Road, S. E.; thence, North along the centerline of Yellow Mountain Road, S. E., to 241" Street, S. E.; thence, West along the centerline of 24x' Street, S. E., to Jefferson Street, S. W.; thence, South along the centerline Jefferson Street, S. W., to 26" Street, S. W.; thence, West along the centerline of 26"' Street, S. W., to Avenham Avenue, S. W.; thence, South along the centerline of Avenham Avenue, S. W., to Franklin Road, S. W.; thence, South along the centerline of Franklin Road, S. W., to the City Limit Boundary; thence, clockwise along the City Limit Boundary to the North -South line of the Norfolk Southern Railway Company; thence, North along the North -South line of the Norfolk Southern Railway Company to Franklin Road, S. W.; thence, North along the centerline of Franklin Road, S. W., to Brandon Avenue, S. W.; thence, West along the centerline of Brandon Avenue, S. W., to the Roy L. Webber Expressway (also known as Interstate 581); thence, North along the Roy L. Webber Expressway (also known as Interstate 581) to the point of beginning. Sec. 10 -44. Same — Polling Place. The polling place in Voter Precinct No. 14, Crystal Spring Precinct, is hereby established at Crystal Spring Baptist Church, located at 2411 Rosalind Avenue, S. W. 103 Sec. 10 -45. Voter Precinct No. 15 Grandin Court Precinct— Boundaries. The boundaries of Voter Precinct No. 15, Grandin Court Precinct, are as follows: Beginning at the intersection of Brambleton Avenue, S. W., and Overland Road, S. W.; thence, South along the centerline of Overland Road, S. W., to Colonial Avenue, S. W.; thence, North along the centerline of Colonial Avenue, S. W., to the intersection of the Northeast boundary of the Virginia Western Community College campus as extended; thence, East along the Northeast boundary of the Virginia Western Community College campus to the North -South line of the Norfolk Southern Railway Company; thence, South along the North -South line of the Norfolk Southern Railway Company to the City Limit Boundary; thence, clockwise along the City Limit Boundary to Mud Lick Creek; thence, North along Mud Lick Creek to Grandin Road, S. W.; thence, East along the centerline of Grandin Road, S. W., to Beverly Boulevard, S. W.; thence, North along the centerline of Beverly Boulevard, S. W., to Westhampton Avenue, S.W.; thence, East along the centerline of Westhampton Avenue, S. W., to Carlton Road, S. W.; thence, North along the centerline of Carlton Road, S. W., to Fairway Drive, S. W.; thence, East along the centerline of Fairway Drive, S. W., to York Road, S. W.; thence, North along the centerline of York Road, S. W., to Brandon Avenue, S. W.; thence, East along the centerline of Brandon Avenue, S. W., to Grandin a Road, S. W.; thence, South along the centerline of Grandin Road, S. W., to Guilford Avenue, S. W.; thence, South along the centerline of Guilford Avenue, S. W., to Oregon Avenue, S. W.; thence, West along the centerline of Oregon Avenue, S. W., to Woodlawn Avenue, S. W.; thence, South along the centerline of Woodlawn Avenue, S. W., to Montgomery Avenue, S. W.; thence, East along the centerline of Montgomery Avenue, S. W., to Brambleton Avenue, S. W.; thence, North along the centerline of Brambleton Avenue, S. W., to the point of beginning. Sec. 10 -46. Same — Polling Place. The polling place in Voter Precinct No. 15, Grandin Court Precinct, is hereby established at Grandin Court Elementary School, located at 2815 Spessard Avenue, S. W. Sec. 10 -47. Voter Precinct No 16 Deverle Precinct— Boundaries. The boundaries of Voter Precinct No. 16, Deyerle Precinct, are as follows: Beginning at the intersection of Brandon Avenue, S. W., and Mud Lick Creek; thence, South along Mud Lick Creek to the City Limit Boundary; thence, clockwise along the City Limit Boundary to Brandon Avenue, S. W.; thence, East along the centerline of Brandon Avenue, S. W., to the point of beginning. O 104 Sec. 10 -48. Same — Polling Place. ' The polling place in Voter Precinct No. 16, Deyerle Precinct, is hereby established at Covenant Presbyterian Church, located at 1831 Deyerle Road, S. W. Sec. 10 -49. Voter Precinct No. 17, Lee -Hi Precinct— Boundaries. The boundaries of Voter Precinct No. 17, Lee -Hi Precinct, are as follows: Beginning at the intersection of Roanoke Avenue, S. W., and Bridge Street, S. W.; thence, South along the centerline of Bridge Street, S. W., to Mountain View Terrace, S. W.; thence, East along the centerline of Mountain View Terrace, S. W., to Chesterfield Street, S. W.; thence, South along the centerline of Chesterfield Street, S. W., to Memorial Avenue, S. W.; thence, West along the centerline of Memorial Avenue, S. W., to Dudding Street, S. W.; thence, South along the centerline of Dudding Street, S. W., to Brandon Avenue, S. W.; thence, West along the centerline of Brandon Avenue, S. W., to York Road, S. W.; thence, South along the centerline of York Road, S. W., to Fairway Drive, S. W.; thence, West along the centerline of Fairway Drive, S. W., to Carlton Road, S. W.; thence, South along the centerline of Carlton Road, S. W., to Westhampton Avenue, S. W.; thence, West along the centerline of Westhampton Avenue, S. W., to Beverly Boulevard, S. W.; thence, South along the centerline of Beverly Boulevard, S. W., to Grandin Road, S. W.; thence, West along the centerline of Grandin Road, S. W., to Mud Lick Creek; thence, North along Mud Lick Creek to Brandon Avenue, S. W.; thence, West along the centerline of Brandon Avenue, S. W., to the City Limit Boundary; thence, clockwise along the City Limit Boundary to the Roanoke River; thence, East along the Roanoke River to its intersection with Roanoke Avenue, S. W., as extended; thence, East along the centerline of Roanoke Avenue, S. W., to the point of beginning. Sec. 10 -50. Same — Polling Place. The polling place in Voter Precinct No. 17, Lee -Hi Precinct, is hereby established at Grace Church, located at 2731 Edgewood Avenue, S. W. Sec. 10-51, Voter Precinct No. 18, Virginia Heights - Norwich Precinct — Boundaries. The boundaries of Voter Precinct No. 18, Virginia Heights - Norwich Precinct, are as follows: Beginning at the intersection of Shenandoah Avenue, N. W., and 24r" Street, N. W.; thence, South along the centerline of 20 Street, N. W., to Shaffers Crossing, N. W.; thence, South along the centerline of Shatters ' Crossing, N. W., to the East -West line of the Norfolk Southern Railway Company; thence, West along the East -West line of the Norfolk Southern Railway Company to a C 105 point where it intersects Bridge Street, S. W., as extended; thence, South along the centerline of Bridge Street, S. W., to the Roanoke River; thence, East along the Roanoke River to Memorial Avenue, S. W.; thence, West along the centerline of Memorial Avenue, S. W., to Grandin Road, S. W.; thence, South along the centerline of Grandin Road, S. W., to Sherwood Avenue, S. W.; thence, West along the centerline of Sherwood Avenue, S. W., to Dudding Street, S. W.; thence, North along the centerline of Dudding Street, S. W., to Memorial Avenue, S. W.; thence, East along the centerline of Memorial Avenue, S. W., to Chesterfield Street, S. W.; thence, North along the centerline of Chesterfield Street, S. W., to Mountain View Terrace, S. W.; thence, West along the centerline of Mountain View Terrace, S. W., to Bridge Street, S. W.; thence, North along the centerline of Bridge Street, S. W., to Roanoke Avenue, S. W.; thence, West along the centedine of Roanoke Avenue, S. W., as extended to a point where it intersects with the Roanoke River; thence, West along the Roanoke River to the City Limit Boundary; thence, North along the City Limit Boundary to Shenandoah Avenue, N. W.; thence, East along the centerline of Shenandoah Avenue, N. W., to Peters Creek Road, N. W.; thence, North along the centedine of Peters Creek Road, N. W., to the Salem Turnpike, N. W.; thence, East along the centedine of the Salem Turnpike, N. W., to Old Stevens Road, N. W.; thence, South along the centerline of Old Stevens Road, N. W., to Troutland Avenue, N. W.; thence, East along the centedine of Troutland Avenue, N. W., to 36'" Street, N. W.; thence, South along the centerline of 36'" Street, N. W., to Shenandoah Avenue, N. W.; thence, East along the centerline of Shenandoah Avenue, N. W., to the point of beginning. Sec. 10 -52. Same — Polling Place. The polling place in Voter Precinct No. 18, Virginia Heights - Norwich Precinct, is hereby established at Heights Community Church, located at 2014 Memorial Avenue, S. W. Sec. 10 -53. Voter Precinct No. 19 Summit Hills Precinct— Boundaries. The boundaries of Voter Precinct No. 19, Summit Hills Precinct, areas follows: Beginning at a point on the City Limit Boundary that intersects Peters Creek; thence, South along Peters Creek to Peters Creek Road, N. W.; thence, South along the centerline of Peters Creek Road, N. W., to Shenandoah Avenue, N. W.; thence, West along the centerline of Shenandoah Avenue, N. W., to the City Limit Boundary; thence, clockwise along the City Limit Boundary to the point of beginning. Sec. 10 -54. Same — Polling Place. The polling place in Voter Precinct No. 19, Summit Hills Precinct, is hereby established at Edgewood Christian Church, located at 1006 Peck Street, N. W. 106 Sec. 10 -55. Voter Precinct No. 20, Forest Park Precinct— Boundaries. The boundaries of Voter Precinct No. 20, Forest Park Precinct, are as follows Beginning at the intersection of Staunton Avenue, N. W., and 15t" Street, N. W.; thence, South along the centerline of 15�" Street, N. W., extended to its intersection with the East -West line of the Norfolk Southern Railway Company; thence, West along the East -West line of the Norfolk Southern Railway Company to Shaffers Crossing, N. W.; thence, North along the centerline of Shaffers Crossing, N. W., to 24'" Street, N. W.; thence, North along the centerline of 2e Street, N. W., to Shenandoah Avenue, N. W.; thence, West along the centerline of Shenandoah Avenue, N. W., to 36th Street, N. W.; thence, North along the centerline of 361h Street, N. W., to Troutland Avenue, N. W.; thence, West along the centerline of Troutland Avenue, N. W., to Old Stevens Road, N. W.; thence, North along the centerline of Old Stevens Road, N. W., to the Salem Turnpike, N. W.; thence, West along the centerline of the Salem Turnpike, N. W., to Peters Creek Road, N. W.; thence, North along the centerline of Peters Creek Road, N. W., to Melrose Avenue, N. W.; thence, East along the centerline of Melrose Avenue, N. W., to Lafayette Boulevard, N. W.; thence, North along the centerline of Lafayette Boulevard, N. W., to Delaware Avenue, N. W.; thence, East along the centerline of Delaware Avenue, N. W., to 21s` Street, N. W.; thence, South along the centerline of 21" Street, N. W., to Carroll Avenue, N. W.; thence, East along the centerline of Carroll Avenue, N. W., to 20" Street, N. W.; thence, South along the centerline of 20' Street, N. W., to Staunton Avenue, N. W.; thence, East along the centerline of Staunton ' Avenue, N. W., to the point of beginning. Sec. 10 -56. Same — Polling Place. The polling place in Voter Precinct No. 20, Forest Park Precinct, is hereby established at Forest Park Academy, located at 2730 Melrose Avenue, N. W. Sec. 10 -57. Voter Precinct No. 21 Eureka Park Precinct — Boundaries. The boundaries of Voter Precinct No. 21, Eureka Park Precinct, are follows: Beginning at the intersection of 14th Street, N. W., and Syracuse Avenue, N. W.; thence, South along the centerline of 14th Street, N. W., to Rugby Boulevard, N. W.; thence, South along the centerline of Rugby Boulevard, N. W., to 13th Street, N. W.; thence, South along the centerline of 13th Street, N. W., to Hanover Avenue, N. W.; thence, West along the centerline of Hanover Avenue, N. W., to 15th Street, N. W.; thence, North along the centerline of 15th Street, N. W., to Staunton Avenue, N. W.; thence, West along the centerline of Staunton Avenue, N. W., to 20th Street, N. W.; thence, North along the centerline of 20th Street, N. W., to Carroll Avenue, N. W.; thence, West along the centerline of Carroll Avenue, N. W., to 21st Street, N. W.; thence, North along the centerline of 21st Street, N. W., to Delaware Avenue, N. W.; ' thence, West along the centerline of Delaware Avenue, N. W., to Lafayette Boulevard, N. W.; thence, South along the centerline of Lafayette Boulevard, N. W., to Melrose 107 Avenue, N. W.; thence, West along the centerline of Melrose Avenue, N. W., to Westside Boulevard, N.W.; thence, North along the centerline of Westside Boulevard, N. W., to Hershberger Road, N. W.; thence, East along the centerline of Hershberger Road, N. W., to Cove Road, N. W.; thence, South along the centerline of Cove Road, N. W., to Andrews Road, N. W.; thence, East along the centerline of Andrews Road, N. W., to 16th Street, N. W.; thence, South along the centerline of 16th Street, N. W., to Syracuse Avenue, N. W.; thence, East along the centerline of Syracuse Avenue, N. W., to the point of beginning. Sec. 10 -58. Same — Polling Place. The polling place in Voter Precinct No. 21, Eureka Park Precinct, is hereby established at Roanoke Academy for Mathematics and Science, located at 1616 19th Street, N. W. Sec. 10 -59. Voter Precinct Map. The city has filed Engineering Plan #6754 with the registrar, the city clerk, and the city engineer, which engineering plan details the Voter Precincts created and described in this Chapter. Reference should be made to the Voter Precinct Map set forth in Engineering Plan #6754 to further clarify any boundary of any Voter Precinct created in this chapter. Sec. 10 -60 through 10 -80. Reserved. 2. A copy of this Ordinance and the Voter Precinct Map shall be recorded in the official minutes of City Council. The City Clerk and the City Manager are authorized to take all actions necessary to comply with all applicable requirements of state code, including, without limitations, Section 24.2- 306(C), Code of Virginia (1950) as amended. 3. This Ordinance shall be in full force and effect on and after December 31, 2015. 4. Pursuant to Section 12 of the Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: lStaphanie M. Mo� ' eynol M M 411avv /id / /oB. � Trinkle City Clerk Vice -Mayor Wool IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7" day of December, 2015. No. 40402-120715. A RESOLUTION authorizing the acceptance of funding to the City of Roanoke from the Virginia Department of Social Services (VDSS) to be used by the City of Roanoke Department of Social Services (DSS) for staff overtime costs in connection with the conversion of certain Medicaid programs to the Virginia Case Management System (VaCMS) 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 in the total amount of $81,200.00 from the VDSS, with no local match required from the City, to be used by DSS for staff overtime costs in connection with the conversion of certain Medicaid programs that include the Adult and Long Term Care populations programs, to the VaCMS, as more particularly described in the City Council Agenda Report dated December 7, 2015. 2. The City Manager is hereby authorized to accept, execute, and file on behalf of the City of Roanoke any and all documents required to obtain such funding. All such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the acceptance of the foregoing funding. APPROVED ATTEST: Stephanie M. Moon R ynolds, MMC David A. Bowers City Clerk Mayor w 109 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7" day of December, 2015. No. 40403-120715. AN ORDINANCE to appropriate funding from the Virginia Department of Social Services for overtime wages and associated FICA costs to get adult Medicaid cases converted to the VaCMS system, 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 Overtime Wages - Medicaid FICA Revenues Social Services Administration 01- 630 - 5311 -1013 $75,430.00 01- 630 -5311 -1120 5,770.00 01- 110 - 1234 -0676 81,200.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: \µ,ms Stephanie M. Moon Reyno David A. Bowers City Clerk Mayor 110 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 71h day of December, 2015. No. 40404- 120715. A RESOLUTION authorizing the City Manager to execute a Revised Appendix A document in connection with a Virginia Department of Transportation (VDOT) Safe Routes to School (SRTS) Grant in order to accept additional funding to the City of Roanoke; and authorizing the City Manager to take such further actions and execute such further documents as may be necessary to accomplish this additional funding and to implement, administer, and use such VDOT Grant funds, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to execute a VDOT Revised Appendix A, for the Garden City SRTS Project, in a form substantially similar to the document attached to the City Council Agenda Report dated December 7, 2015, with such document to be approved as to form by the City Attorney. The purpose of such document is to accept and appropriate additional funds in the amount of $41,000.00 from VDOT to the City of Roanoke for the Garden City SRTS Project. 2. The City Manager is authorized to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use such additional VDOT SRTS Grant funds in the amount of $41,000.00, together with the original Project appropriation funds of $447,800.00, for the above referenced Project, and which may also include additional funds from the City as the City Manager deems appropriate, all as further set forth in the above mentioned City Council Agenda Report, with any such documents to be approved as to form by the City Attorney. APPROVED ATTEST: t Stephanie M. Reynolds-MMC � xtao Stephanie M. Moon Reynolds, MMC Da ' rs City Clerk Mayor 111 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 71" day of December, 2015. No. 40405- 120715. AN ORDINANCE to appropriate funding from the Virginia Department of Transportation Safe Routes to School Program Funds to the Safe Routes to School Garden City 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 - 9532 -9533 $ 41,000.00 Revenues Safe Routes to School Garden City Project 08- 530 - 9532 -9002 41,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7'" day of December, 2015. No. 40406 - 120715. AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Garden City Boulevard Greenway Trail 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. 112 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, located in the area of the City of Roanoke from Yellow Mountain Road, S. E., to Davenport Avenue, S. E. /Ivywood Avenue, S. E., and surrounding streets, all as more particularly described in the City Council Agenda Report dated December 7, 2015, in order to complete 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 and any other real property parcels needed for the Project. 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 the City Manager may deem appropriate for the necessary interests, provided, however, the total consideration offered or expended, including costs, title search fees, appraisal costs, recordation fees, and other related costs shall not exceed the funds available in the Project's account for such purposes, without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of appropriate acquisition documents, approved as to form by the City Attorney, the Director of Finance is .�. authorized to pay the respective consideration to the owners of the real property interest conveyed, certified by the City Attorney to be entitled to the same. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7'" day of December, 2015. No. 40407-120715. .� A RESOLUTION closing certain City offices Thursday, December 24, 2015, and providing for additional holiday leave for all City employees. 113 BE IT RESOLVED by the Council of the City of Roanoke that: 1. City offices that are not engaged in performing emergency services or other necessary and essential services of the City shall be closed Thursday, December 24, 2015. 2. City personnel who are not engaged in performing emergency services or other necessary and essential services for the City shall be excused from work for eight hours Thursday, December 24, 2015. 3. With respect to emergency service employees and other employees performing necessary and essential services who cannot for reasons of public health, safety or welfare be excused from work Thursday, December 24, 2015, such employees, regardless of whether they are scheduled to work Thursday, December 24, 2015, shall be accorded time off at a later date. Employees of the Fire -EMS Department working the three platoon system shall receive a total of twelve hours of holiday time due to their work schedule for this day. 4. Adherence to this resolution shall cause no disruption or cessation of the performance of any emergency, essential or necessary public service rendered or performed by the City. APPROVED ATTEST: Stephanie M. Moon Rey olds, C David A. Bowers City Clerk Mayor 114 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of December, 2015. No. 40408- 122115. A RESOLUTION naming and honoring David Stewart Wiley, Music Director and Conductor of the Roanoke Symphony Orchestra, as the City of Roanoke's 2015 Citizen of the Year. WHEREAS, Mr. Wiley holds a Doctor and Master of Music in Conducting from Indiana University, Bloomington, IN; a degree in Piano Performance with honors from the New England Conservatory of Music, Boston, MA; and a degree in Religion, summa cum laude, from Tufts University, Medford, MA; WHEREAS, Mr. Wiley began his position as Music Director and Conductor of the Roanoke Symphony Orchestra in 1996 and is celebrating his 201" season with the Roanoke Symphony Orchestra; WHEREAS, Mr. Wiley also serves as Music Director and Conductor of New York's Long Island Philharmonic, and has conducted such distinguished symphonies as Atlanta, Boston, Buffalo, Cincinnati, San Francisco, Milwaukee, Indianapolis, Minnesota, Saint Louis, Oregon, Honolulu, and Utah, along with symphony orchestras in most of the States; WHEREAS, Mr. Wiley's summer engagements include the Aspen Music Festival, Brevard Music Center, Garth Newel, Wintergreen, Park City, Minnesota Orchestra Summerfest, Sftka (Alaska) and Prince Albert (Hawaii) summer music festivals; WHEREAS, before coming to Roanoke, Mr. Wiley served as Assistant Conductor of the Minnesota Orchestra and the Indianapolis Symphony Orchestra; WHEREAS, from 1999 until 2006, Mr. Wiley was the Artistic Director and Conductor of the Wintergreen Summer Music Festival, where he founded the festival orchestra, created the academy, and led the festival to remarkable artistic growth in seven years; WHEREAS, as a solo pianist, Mr. Wiley has performed with numerous major orchestras throughout the United States including Minnesota, Indianapolis, Oregon, Honolulu, Wheeling, and West Virginia, and has performed major concerti written by composers from the Baroque to Contemporary periods of music, often conducting from the piano; 115 WHEREAS, Mr. Wiley has appeared as both a jazz and classical pianist in Boston's Symphony Hall, and in recital and chamber music appearances throughout the United States as well as in China, Russia, Romania, Germany, Hungary, Italy, the Czech Republic, and Bulgaria; WHEREAS, Mr. Wiley has received numerous awards in recognition of his accomplishments in music, including the Aspin Conducting Prize, the Distinguished Educator Award from Yale University, and a Conducting Fellowship at Tanglewood; WHEREAS, Mr. Wiley has devoted his time and efforts to support and enhance the Roanoke community through his commitment to music education throughout Roanoke by working with schools, arts organizations and other civic institutions to bring the joy and beauty of classical music to residents throughout the Roanoke Valley; WHEREAS, Mr. Wiley was honored by the Roanoke Branch NAACP as Citizen of the Year in the Arts, for his work to bring classical music to youth in our minority communities; WHEREAS, Mr. Wiley and his family demonstrate their leadership and commitment as citizens of the Roanoke community through their service to numerous community organizations and programs throughout the region, including the JDRF Foundation, the Rescue Mission, Roanoke Valley Reads, Kirk Family YMCA, Temple C Emmanuel, and Christ Lutheran Church; and WHEREAS, through his art and his service to his community, Mr. Wiley has demonstrated his commitment to make the City of Roanoke a better place in which to live, work, grow, and enjoy. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council recognizes, commends, and applauds David Stewart Wiley as the 2015 City of Roanoke Citizen of the Year for his many contributions and services to the community to enhance and improve the special quality of life in Roanoke. 2. Council reiterates its commendations first made to David Stewart Wiley by Mayor David A. Bowers prior to the 2015 Roanoke Symphony Orchestra Holiday Concert held at the Salem Civic Center on December 4, 2015. 116 3. The City Clerk is directed to forward an attested copy of this Resolution to 0 David Stewart Wiley. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC � David A. irowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 215" day of December, 2015. No. 40409-122115. AN ORDINANCE authorizing the City's acceptance of a certain donation and conveyance of property located in the North Peters Creek Road area from DAC, L.L.C., to the City of Roanoke, Virginia, for the benefit of the Citys Storm Water Management System; authorizing the City Manager to execute the deed and any other necessary documents, subject to satisfactory title reports that confirm that DAC, L.L.C. is the J owner of all such parcels, free and clear of all encumbrances other than those easements and restrictions of record acceptable to the City Manager and City Attorney, to accept the conveyance of property; expressing appreciation to DAC, L.L.C. for the donation of the land; and dispensing with the second reading of this Ordinance by title. WHEREAS, the City of Roanoke is desirous of acquiring certain properties, which would benefit the City's Storm Water Management System and could be used to modify and improve water quality and flood control for downstream properties in a section of Peters Creek Road, N. W., and DAC, L.L.C. has offered to donate to the City certain properties at this location, as a gift to the City of Roanoke that have an aggregate assessed value of $462,000.00; and WHEREAS, pursuant to Section 2 -263, Code of the City of Roanoke (1979), as amended, the City Manager may accept a gift in excess of $5,000.00 only after adoption of an ordinance or resolution by City Council. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: I`IN 1. The City Manager is authorized to accept the donation of those parcels set out and identified in the City Council Agenda Report dated December 21, 2015, upon certain terms and conditions including receipt of satisfactory title reports that confirm that DAC, L.L.C. is the owner of such parcels free and clear of all liens and encumbrances other that those easements and restrictions of record acceptable to the City Manager and the City Attorney, from DAC, L.L.C., for the benefit of the City's Storm Water Management System. 2. The City Manager is authorized to execute, in a form approved by the City Attorney, the necessary documents to accept the conveyance of the fee simple interest of those parcels set out and identified in the above mentioned Agenda Report, upon certain terms and conditions including the condition regarding the receipt of satisfactory title reports, from DAC, L.L.C., for the benefit of the City's Storm Water Management System. 3. Pursuant to Section 2 -265, Code of the City of Roanoke (1979), as amended, DAC, L.L.C. is responsible for establishing the value of this donation. 4. This Council expresses its appreciation to DAC, L.L.C. for its generous donation of these properties. 5. The City Clerk is directed to send an attested copy of this ordinance to DAC, L.L.C. 6. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: , Stephanie M. Moon Reynolds, MMC �David� A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 218' day of December, 2015. No. 40410 - 122115. AN ORDINANCE to appropriate funding from the Federal Government 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. 118 BE IT ORDAINED by the Council of the City of Roanoke that the following 0 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 -134K- 61100 - 46614 -9 -09 $ 1,500.00 Supplies Travel 302 -110- 0000 - 1070 -134K- 61100 - 45551 -9 -09 500.00 Revenues Federal Grant 302 - 000 - 0000 - 0000 -134K- 00000 - 38013 -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: // Stephanie M. Moon Re Ids, C Da�vid4A._/6�'jowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 s' day of December, 2015. No. 40411-122115. A RESOLUTION memorializing the late Roy Cornelius Kinsey, Jr., a native of Roanoke and creator of the Star on Mill Mountain. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Kinsey on Monday, November 23, 2015; WHEREAS, Mr. Kinsey grew up in Roanoke on Highland Dairy Farm, knew hard work, and understood how to improvise, making tools and equipment on the spot for the farm and, later, for the family's sign company business; WHEREAS, Mr. Kinsey frequently walked from his parents' home over the hills to Woodrum Field (now Roanoke Blacksburg Regional Airport), where he would "hang out" hoping for a plane ride with one of the local pilots; 119 WHEREAS, Mr. Kinsey signed up in Roanoke for the Air Corps in July 1941 and was called up, arriving in San Antonio, Texas in December 1941, where he was processed and sent to pilot training in Tulip, Texas; WHEREAS, after earning his wings, Mr. Kinsey was sent on to Enid, Oklahoma for instrument and multi- engine training where he proved to be an excellent pilot; WHEREAS, after graduation, Mr. Kinsey earned an assignment to the Training Command as a Flight Instructor, and spent the following two years training new pilots at the rate of eight every two months or approximately 100 wartime combat pilots; WHEREAS, Mr. Kinsey was assigned as a re- training pilot for high- ranking, highly skilled combat pilots returning from overseas actions to instruct veteran combat pilots in the rules of flying in civilian airspace within the United States and introduce them to instruments and multi- engine operations, and as a part of this assignment, Mr. Kinsey flew all over the United States in more than 30 different types of aircraft selected by his students; WHEREAS, flying became a lifetime joy for Mr. Kinsey from childhood on through the war and afterwards as a member of the Acom Flying Club; WHEREAS, after returning from the war, Mr. Kinsey helped run his father's ' business, the Roy C. Kinsey Sign Co., which opened the first neon sign plant in Virginia in 1933 and constructed hundreds of large neon signs in multiple states across the Southeast United States; WHEREAS, in 1949, at the request of the Roanoke Merchants Association to create a gimmick to generate support for downtown Christmas shopping, Mr. Kinsey and his two brothers, Bob and Warren Kinsey, through the Roy C. Kinsey Sign Co., built the Star on Mill Mountain; WHEREAS, the Star on Mill Mountain was first illuminated on Thanksgiving Eve, November 23, 1949; WHEREAS, for many years Mr. Kinsey answered calls from the Roanoke Police Department about traffic fatalities involving Roanokers at all hours of the day and night, and drove to the top of Mill Mountain in all types of weather to change the neon color in memory of a Roanoker killed in a traffic accident; WHEREAS, for more than 35 years Mr. Kinsey and his brothers maintained the Star before the City took over its operation; WHEREAS, the Star on Mill Mountain remains a welcoming beacon and beloved ' symbol of excellence in the City of Roanoke; 120 WHEREAS, Mr. Kinsey was an active member of Calvary Baptist Church, where he helped design and build one of the nation's first "human Christmas Trees" complete with lighting for the choir members; WHEREAS, Mr. Kinsey enjoyed gardening and teaching his children and grandchildren the "how to's" of life, from growing tomatoes to repairing a car and building a home; WHEREAS, Mr. Kinsey, like his father before him, never turned away anyone in need and provided comfort and relief to many people over the years to the extent of his abilities; WHEREAS, Mr. Kinsey had a rich and rewarding life and he shared his love with family, friends, and strangers, many of whom became his friends. 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 Roy Cornelius Kinsey Jr., extending to his family its sincerest condolences, and recognizing the indelible legacy Roy C. Kinsey, Jr., left to the City of Roanoke and his fellow citizens. 2. The City Clerk is directed to forward an attested copy of this resolution to Mary Stuart Link, Mr. Kinsey's daughter, and her husband, Tom Link, both of Roanoke, and Roy C. Kinsey III, Mr. Kinsey's son, of Jackson, Wyoming. APPROVED ATTEST: Stephanie M. Moon Re no ds, M ""1 David A. Bowers City Clerk Mayor 4 121 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 8' day of December, 2015. No. 40412-122115. AN ORDINANCE exempting from real estate property taxation certain property located at 1718 Salem Avenue, S. W., 0 Salem Avenue, S. W., 712 Patterson Avenue, S. W., and 0 Campbell Avenue, S. W., Roanoke, Virginia, and depicted, respectively, as Official Tax Map Nos, 1211605, 1211604, 1112822, and 1112820, owned by Roanoke Community Garden Association, Incorporated (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 C Council on December 21, 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; 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, situated at 1718 Salem Avenue, S. W., 0 Salem Avenue, S. W., 712 Patterson Avenue, S. W., and 0 Campbell Avenue, S. W., Roanoke, Virginia, and identified, respectively, as Official Tax Map Nos. 1211605, 1211604,1112822, and 1112820 (collectively the "Properties "), which Properties are owned by the Applicant, and that the entirety of the Properties 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 Properties were the Properties not exempt from such taxation, for so long as the Properties are exempted from such taxation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 122 1. Council classifies and designates Applicant, the Roanoke Community Q Garden Association, Incorporated, 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, situated at 1718 Salem Avenue, S. W., 0 Salem Avenue, S. W., 712 Patterson Avenue, S. W., and 0 Campbell Avenue, S. W., Roanoke, Virginia, identified, respectively, as Official Tax Map Nos. 1211605, 1211604,1112822, and 1112820, and owned by the Applicant. Continuance of this exemption shall be contingent on the continued use of the Properties by Applicant in accordance with the purposes designated in this Ordinance, as further stated in the City Council Agenda Report dated December 21. 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. 3. This Ordinance shall be in full force and effect on January 1, 2016 if, by such time, a copy, duly executed by an authorized officer of the Applicant, has been filed with the City Clerk. 4. The City Clerk is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicant, to the Commissioner of the Revenue, and the City Treasurer for purposes of assessment and collection, respectively, of the service charge established by this Ordinance, and to Mark Powell, President/Director, and the authorized agent of Roanoke Community Garden Association Incorporated. 5. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ACCEPTED, AGREED TO AND EXECUTED by Roanoke Community Garden Association Incorporated, this _ day of , 2015. Roanoke Community Garden Association Incorporated By Printed Name and Title APPROVED ATTEST: V �Da=-ti StephanieM. Moon Re Ids, MC City Clerk Mayor I 123 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 s' day of December, 2015. No. 40413-122115. A RESOLUTION endorsing the principles of Welcoming America as articulated in its Welcoming Cities and Counties Project; and reaffirming the commitments of the City of Roanoke to foster a welcoming environment for all individuals regardless of race, ethnicity or place of origin, and to help unite our community and ensure that all are welcome. WHEREAS, Welcoming America is a national organization that seeks to build an inclusive community that welcomes all individuals; WHEREAS, Welcoming America developed the Welcoming Cities and Counties Project to enlist local governments to affirm these principles; WHEREAS, Welcoming America had included the City of Roanoke as a member Welcoming City after issuance of a Proclamation dated February 17, 2015; WHEREAS, Roanoke continues to encourage a neighborly atmosphere where all people are welcome, accepted, and integrated into our community; and WHEREAS, Roanoke continues to encourage the business leadership, civic groups, other governmental agencies, community institutions, and residents to join in community -wide efforts to expand prosperity and inclusion for all residents and visitors. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that City Council endorses the principles of Welcoming America as articulated in its Welcoming Cities and Counties Project and reaffirms the commitments of the City of Roanoke to foster a welcoming environment for all individuals and to help unite our community and ensure that all are welcome in the City of Roanoke, Virginia and the surrounding areas. APPROVED ATTEST: Stephanie M. Moon Re ds, C City Clerk David A. Sowers Mayor 124 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, 0 The 4" day of January, 2016, No. 40414-010416. A RESOLUTION accepting the Economic Development Growth Enhancement (EDGE) Program Grant to the City from the Appalachian Power Economic Development Team; authorizing the City of Roanoke to be the fiscal agent for distribution of the grant proceeds; authorizing the City Manager to execute any documents necessary to receive such Grant, including any Grant Agreement; and authorizing the City Manager to take such further actions and execute such other documents as may be necessary to obtain, accept, implement, administer, and use such Grant funds. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the EDGE Grant offered by the Appalachian Power Economic Development Team in the amount of $10,000.00, with no local match, upon certain terms, provisions, and conditions relating to the receipt of such funds. The Grant is more particularly described in the City Council Agenda Report dated January 4, 2016. 2. The City of Roanoke is authorized to be the primary fiscal agent for this Grant, and shall be responsible for distributing the Grant proceeds as set forth in the above referenced City Council Agenda Report. 3. City Council hereby authorizes the City Manager to execute any documents necessary to receive such Grant, including any Grant Agreement, with such documents to be approved as to form by the City Attorney. 4. The City Manager is authorized to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use such Grant funds, as allowed by the terms and conditions of the Grant, with any such documents being approved as to form by the City Attorney. APPROVED ATTEST: Stephanie M. Moon Reyn7ds, MZ City Clerk David A. Bowers Mayor 125 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4" day of January, 2016. No. 40415- 010416. AN ORDINANCE appropriating funding from Appalachian Power Economic Development Team for video 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 Professional Fees 35- 310 - 8158 -2010 $ 10,000.00 Revenues EDGE Program FYI 35- 310 - 8158 -8158 10,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: If phani M Moo Reynii $Ii`744n.. Davi A. Bower City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4" day of January, 2016. No. 40416-010416. A RESOLUTION authorizing acceptance of a donation from Dr. and Mrs. Caesar DePago and their company, Summit Nutritionals International, Inc., to the Roanoke City Police Department for one police K -9 dog, and authorizing execution of any and all necessary documents to accept the donation. BE IT RESOLVED by the Council of the City of Roanoke that: 126 1. The City Manager is hereby authorized on behalf of the City to accept from Dr. and Mrs. Caesar DePago and their company, Summit Nutritionals International, Inc., a donation to the Roanoke City Police Department for one police K -9 dog, valued at approximately $7,000.00, as more particularly set forth in the City Council Agenda Report dated January 4, 2016. 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. This Council wishes to express its appreciation and that of the citizens of the City of Roanoke to Dr. and Mrs. Caesar DePago and their company, Summit Nutritionals International, Inc., for their generous donation to the Roanoke City Police Department as described above. 4. The City Clerk is directed to transmit a copy of this Resolution to Dr. and Mrs. Caesar DePago and their company, Summit Nutritionals International, Inc., expressing the City's appreciation for its donation. APPROVED ATTEST: Stephanie M. Moon ReynooYY s MM David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4h day of January, 2016. No. 40417 - 010416. AN ORDINANCE authorizing the issuance and execution of a Change Order by the City Manager to the City's Contract with H. & S. Construction Company for additional work on the Concrete Sidewalk, Sidewalk Through Entrance, Curb, Curb & Gutter, and Handicap Ramp Removal /Replacement Project; authorizing the City Manager to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Change Order to the above mentioned Contract, as well as the Contract itself; and dispensing with the second reading of this Ordinance by title. i 127 BE IT ORDAINED by the Council of the City of Roanoke as follows 1. The City Manager is hereby authorized to issue and execute a Change Order, approved as to form by the City Attorney, to the City's Contract with H. & S. Construction Company for additional work for the Concrete Sidewalk, Sidewalk Through Entrance, Curb, Curb & Gutter, and Handicap Ramp Removal /Replacement Project in the amount of an additional $56,260.02, all as more fully set forth in the City Council Agenda Report dated January 4, 2016. 2. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Change Order mentioned above, as well as the Contract itself, with all such documents to be 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: -A �kl ' Stephanie M. Moon Reynolds, C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 0 day of January, 2016. No. 40418 - 010416. A RESOLUTION authorizing the Mayor to execute an agreement between Lijiang City, Yunnan Province, People's Republic of China and the City of Roanoke, Virginia regarding the establishment of friendship as a part of the Sister City Program. WHEREAS, the Cities of Lijiang, Yunnan Province, People's Republic of China and Roanoke, Virginia support and participate in the Sister City Program, a program inaugurated by the President of the United States in 1856 to foster greater friendship and understanding between the people of the United States and people of other nations through the medium of personal contact; 128 WHEREAS, the Cities of Lijiang and Roanoke desire to establish and memorialize their friendship by executing an agreement to establish a friendship relationship between the City of Lijiang and the City of Roanoke (Friendship Agreement), the form of which Friendship Agreement is attached to the City Attorneys Letter to City Council dated January 4, 2016; and WHEREAS, the City Council endorses the principles of friendship, cooperation, and understanding as set forth in the Friendship Agreement. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council endorses the principles of friendship, cooperation, and understanding set forth in the proposed Friendship Agreement. 2. City Council authorizes the Mayor of the City of Roanoke, Virginia to execute the Friendship Agreement in the form attached to the City Attorney's Letter to City Council dated January 4, 2016. APPROVED ATTEST: I /j Stephanie M. Moon Rey no s, M C City Clerk David A. Bowers Mayor 129 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19" day of January, 2016. No. 40419-011916. A RESOLUTION acknowledging and recognizing the PY2015 Workforce Innovation and Opportunity Act ( "WIOX) funding from the Virginia Community College System in the amount of $15,000.00 for WIOA activities, for the award period of January 1, 2016, through June 30, 2016, the foregoing funding to be administered by the Western Virginia Workforce Development Board. WHEREAS, pursuant to the WIOA that was enacted on July 22, 2014 and replaced the Workforce Investment Act, federal funding is provided to support various programs in support of various client populations as more particularly described in the City Council Agenda Report dated January 19, 2016; and WHEREAS, the Roanoke Valley - Alleghany Regional Commission was designated as the fiscal agent for WIOA funds and administers the federal funds provided by WIOA through the Virginia Community College System for Local Workforce Development Area III, the designated area in Virginia 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 the Western Virginia Workforce Development Board administering WIOA programs and activities in Local Workforce Development Area lll, the PY2015 National Reserve for WIOA Implementation funding in the amount of $15,000.00 from the Virginia Community College System, with no local match from the City, to be administered by the Western Virginia Workforce Development Board, and to be used during the award period of January 1, 2016, through June 30, 2016, as more particularly set out in the City Council Agenda Report dated January 19, 2016 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. 130 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, MIMIC David owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 191h day of January, 2016. No. 40420-011916. A RESOLUTION accepting the Rescue Squad Assistance Fund (RSAF) grant made to the City by the Virginia Department of Health, Office of Emergency Medical Services, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Rescue Squad Assistance Fund (RSAF) grant made to the City by the Virginia Department of Health, Office of Emergency Medical Services, in the amount of $125,758.00, with a local match of $125,758.00, making the total funding in the amount of $251,516.00, to be used to purchase an ambulance, one (1) Stryker Power Load system, one (1) Heartstart Defibrillator and one (1) Power Load Stretcher and other safety equipment consistent with the grant, as more particularly described in the City Council Agenda Report dated January 19, 2016. 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. 131 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 Re�ynolds,� Ud� q, owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 191" day of January, 2016. No. 40421-011916. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Rescue Squad Assistance Fund (RSAF) Grant, amending and reordaining certain sections of the 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: Grant Fund Appropriations Other Equipment Revenues RSAF Equipment FY16 — State RSAF Equipment FYI — Local 35 -520- 3716 -9015 $156,516.00 35- 520 - 3716 -3716 125,758.00 35 -520- 3716 -3717 30,758.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: 1%` /��7 Stephanie M. Moon Re nol MMC Q" David A. Bowers City Clerk Mayor 132 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19" day of January, 2016. No. 40422 - 011916. AN ORDINANCE amending Section 30- 111(d), Time Limitations, of Article VI, Decorations, of Chapter 30, Streets and Sidewalks, of the Code of the City of Roanoke (1979), as amended, to provide for a longer time period for pole- mounted banners and to include a reference to pole- mounted banners as set forth below; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 30- 111(d), Time Limitations, of Article VI, Erection and Maintenance of Flags Pole- Mounted Banners Banners and Holiday Decorations, of Chapter 30, Streets and Sidewalks, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, to read and provide as follows: Sec. 30 -111. Time Limitations. (d) Within the portion of the Central Business District located east of Second Street, S. W., but not including Second Street, S. W., and within all districts outside the Central Business District and zoned R -12, R -7, R -5, R -3, RM -1, RM -2 and RMF, flags and pole - mounted banners may be displayed for a maximum time period of one hundred twenty (120) days, except when in conflict with dates permanently reserved and identified herein for the display of American flags, or for such a shorter period as may be set forth in the permit issued by the city manager. Such flags and pole - mounted banners shall be removed for a minimum of ninety (90) consecutive days prior to reapplication for a permit to erect the flag or pole- mounted banner again. 133 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reynolds, M C a City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 g1" day of January, 2016. No. 40423 - 011916. AN ORDINANCE ratifying and authorizing the City Manager's prior issuance and execution of Amendments Nos. 3, 4, and 5, to the Proprietary Software Maintenance Agreement dated February 3, 2004, between the City and CGI Technologies and Solutions Inc. ( "CGI "), successor to American Management Systems, Inc. ( "Maintenance Agreement "); authorizing the City Manager's issuance and execution of Amendment No. 6 to the Maintenance Agreement with CGI, in connection with the City's licensing of CGI's Advantage financial management software ( "Software'); and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Pursuant to Section 42 of the City Charter, City Council hereby ratifies and authorizes the City Manager's prior issuance and execution of the following amendments to the Maintenance Agreement: Amendment No. 3, dated May 22, 2012; Amendment No. 4, dated October 3, 2014; and Amendment No. 5, dated October 27, 2015; which amendments provided the City additional services and upgrades in connection with CGI's maintenance and support of the Software, as the cost of such additional services and upgrades exceeded the cost of the Maintenance Agreement by the greater 25% or $50,000.00, as further set forth in the City Attorney's letter to City Council dated January 19, 2016, to which copies of such amendments are attached. 2. The City Manager is authorized to execute Amendment No. 6 to the Maintenance Agreement in a form substantially similar to the copy of Amendment No. 6 attached to the City Attorney's letter to City Council dated January 19, 2016. 134 3. The City Manager is further authorized to take such action and execute such additional documents, approved as to form by the City Attorney, as may be necessary for the implementation, administration, and enforcement of such amendments to the above mentioned Maintenance Agreement. All such documents in connection with the above mentioned amendments shall be in a form approved by the City Attorney. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC D B owers; City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 191" day of January, 2016. No. 40424-011916. AN ORDINANCE to appropriate funding from 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: 135 Appropriations Teacher Stipends- 302 - 110 - 0000 - 0390 -322K- 61100 - 41129 -3 -10 $122.00 Patrick Henry Teacher Stipends- 302 - 110 - 0000- 0400 -322K- 61100- 41129 -3 -10 123.00 William Fleming Teacher Stipends- 302 - 110 - 0000 - 1304 -322K- 61100 - 41129 -3 -10 68.00 Forest Park Acad Counselor 302 - 160 - 0000 - 1305 -355K- 61100 - 41124 -9 -07 (5,000.00) Social Security 302 - 160 - 0000 - 1305 -355K- 61100 - 42201 -9 -07 459.00 Teachers 302 - 160 - 0000- 1305 -355K- 61100 - 41121 -9 -07 6,700.00 Instructional Aides 302 - 160 - 0000 - 1305 -355K- 61100 - 41141 -9 -07 2,500.00 Tutors 302 - 160 - 0000 - 1305 -355K- 61100 - 41141 -9 -07 1,800.00 Computer & laptop 302 - 160 - 0000 - 1305 -355K- 61100- 48210 -9 -07 12,000.00 Revenues State Grant 302 - 000 - 0000 - 0000 -322K- 00000 - 32415 -0 -00 313.00 Receipts State Grant 302 - 160 -0000- 0000 -355K- 00000 - 32298 -0 -00 18,459.00 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 Reynolds, MM� WvA wers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'" day of January, 2016. No. 40425-011916. A RESOLUTION urging no action be taken by the General Assembly to diminish mental health services for the most seriously and persistently mentally ill citizens of the Roanoke region of Virginia. WHEREAS, Governor Terry McAuliffe's fiscal year 2017 budget requests $1,000,000.00 for planning for the closing of Catawba Hospital in fiscal year 2018; 136 1 WHEREAS, Catawba Hospital serves the needs of the Roanoke region and much of Western Virginia for geriatric and adult patients with serious and persistent mental illness by providing fifty (50) adult beds and sixty (60) geriatric beds; WHEREAS, according to a report by the Department of Behavioral Health and Developmental Services (Study of Piedmont Geriatric and Catawba Hospitals, November 15, 2015 - pg. 21) geriatric admissions to State hospitals increased sixty -one percent (61 %) in fiscal year 2015, thereby showing a need to keep these beds; WHEREAS, Catawba Hospital provides beds mandated by Senate Bill 260 requiring State hospitals to provide beds for individuals on Temporary Detention Orders (TDO) when private beds are not available; WHEREAS, Catawba Hospital saw an increase in admissions of forty -one percent (41 %) in fiscal year 2015 (Study of Piedmont Geriatric and Catawba Hospitals, November 15, 2015 — pg. 22) indicating a substantial need for these TDO beds in our region; WHEREAS, Catawba Hospital currently serves the needs of the local and regional public safety agencies and jails effectively and efficiently by providing accessible emergency services for inmates and community members in crisis; WHEREAS, the closest similar state facility is Western State Hospital in Staunton, nearly one hundred (100) miles away. The proposed substitute of Western State Hospital for Catawba services would cause substantial local government cost increases for transportation of prisoners and patients to Staunton for local and regional public safety agencies; WHEREAS, the impact of closing Catawba Hospital would create an undue burden on patients in crisis and their families from South of the Roanoke Valley who would have to travel nearly one hundred (100) miles to Western State Hospital; WHEREAS, in a proposed State bond issue, funding is requested to be provided to increase beds at Western State Hospital by only fifty -six (56) adult and geriatric beds, not nearly providing enough beds for Western Virginia based on the aforementioned increased need and the loss of one hundred ten (110) beds at Catawba; WHEREAS, Catawba Hospital is a vital part of the region's continuum of care by providing in- patient services for adult and geriatric individuals with the most severe and persistent forms of mental illness; WHEREAS, patients with the severe and persistent forms of mental illness and geriatric conditions simply cannot be served adequately in the less intensive community based services available in the region, according to Diane Kelly, Executive Director of Mental Health America of the Roanoke Valley; and 137 WHEREAS, Catawba Hospital employs approximately two hundred fifty (250) area residents and has a budget of approximately twenty million dollars and the closure of Catawba Hospital would cause serious negative economic impacts for the Roanoke Valley. THEREFORE, BE IT RESOLVED, by the Council of the City of Roanoke as follows: 1. The General Assembly is urged to take no action that would move toward diminishing mental health services for the most seriously and persistently mentally ill citizens of the Roanoke region of Virginia. 2. The Clerk is directed to transmit this resolution to Governor McAuliffe and all members of the Virginia Senate Finance Committee and Virginia House of Delegates Appropriations Committee in addition to all local State Delegates and Senators. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC avid BowersN� City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The W day of January, 2016. No. 40426- 011916. AN ORDINANCE to rezone certain property located at 2121 Dale Avenue, S. E., an approximately 0.057 acre portion of 2125 Dale Avenue, S. E., and an approximately 0.05 acre portion of 2137 Dale Avenue, S. E., from MXPUD, Mixed Use Planned Unit Development District, with conditions, 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, Joe Thompson, on behalf of JETR, LLC, has made application to the Council of the City of Roanoke, Virginia ( "City Council'), to have the property located at 2121 Dale Avenue, S. E., an approximately 0.057 acre portion of 2125 Dale Avenue, S. E., and an approximately 0.05 acre portion of 2137 Dale Avenue, S. E., bearing Official Tax Map Nos. 4311204, 4311209, and 4311206, respectively, rezoned from MXPUD, Mixed Use Planned Unit Development District, to CG, Commercial - General District, subject to certain conditions; 138 WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on January 19, 2016, after due and timely notice thereof as required by §36.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as ^ amended, be amended to reflect that Official Tax Map Nos. 4311204, 4311209, and 4311206 located at 2121 Dale Avenue, S. E., an approximately 0.057 acre portion of 2125 Dale Avenue, S. E., and an approximately 0.05 acre portion of 2137 Dale Avenue, S. E., respectively, be, and is hereby rezoned from MXPUD, Mixed Use Planned Unit Development District, with conditions, 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 December 21. 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 no(,MMC Y David A. Bowers City Clerk Mayor 139 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 2016. No. 40427 - 011916. AN ORDINANCE authorizing the City Manager to execute a lease agreement with The Orvis Company, Inc., for approximately 3,000 square feet of space in the Center in the Square Parking Garage, located on Campbell Avenue, S. E., Roanoke, Virginia, for the purpose of operating a retail business; and dispensing with the second reading of this Ordinance by title. WHEREAS, a public hearing was held on January 19, 2016, 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 the proposed lease. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized, to execute and attest, respectively, in a form approved by the City Attorney, an agreement with The Orvis Company, Inc., for the lease of approximately 3,000 square feet of space in the Center in the Square Parking Garage, located on Campbell Avenue, S. E., Roanoke, Virginia, for a retail business, for a term of five years, commencing February 1, 2016, and ending January 31, 2021, as further described in the City Council Agenda Report dated January 19, 2016. 2. The annual base rent for the first year shall be $12,889.68, with monthly rental payments in the amount of $1,074.14. The base rent shall be increased each year at the rate of three percent (3.0 %). In addition to the base rent, the City shall receive additional rent in an amount equal to one and one - quarter percent (1.25 %) of the gross revenue The Orvis Company, Inc. generates from sales on the premises the previous year. 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 Reyn >d`, M David A. Bowers City Clerk Mayor Mrs IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1"day of February, 2016. No. 40428-020116. AN ORDINANCE to rezone certain property located at 2123 Crystal Spring Avenue, S.W., by repealing proffered conditions presently binding upon such property; and dispensing with the second reading of this ordinance by title. WHEREAS, David B. Trinkle, M.D., on behalf of 2123 Crystal Spring, LLC, has made application to the Council of the City of Roanoke, Virginia ( "City Council'), to delete certain conditions presently binding upon a tract of land located at 2123 Crystal Spring Avenue, S. W., being designated as Official Tax Map No. 1050514, which property is zoned CN, Commercial - Neighborhood District, with proffers, such proffers being accepted by the adoption of Ordinance No. 36819 - 081604, adopted on August 16, 2004; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on January 19, 2016, after due and timely notice thereof as required by §36.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the repeal of the proffers applicable to the subject property, and is of the opinion that the conditions now binding upon a tract of land located at 2123 Crystal Spring Avenue, S. W., being designated as Official Tax Map No. 1050514, should be repealed as requested, and that such property be zoned CN, Commercial - Neighborhood District, without conditions, as set forth in the Zoning Amendment Application dated May 27, 2015, and filed October 30, 2015. 141 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the proffered conditions as set forth in the Zoning Amendment Application dated May 27, 2015, and filed October 30, 2015, so that the subject property is zoned CN, Commercial- Neighborhood District, without proffers. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: � 1U Stephanie M. Moo�ynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 "day of February, 2016. No. 40429 - 020116. A RESOLUTION confirming the declaration of a local emergency by the Assistant City Manager for Operations, as successor to the City Manager during the absence of the City Manager from the Commonwealth of Virginia, and confirmed by the City Manager after he returned to the Commonwealth; conferring emergency powers in the City Manager as Director of Emergency Management; authorizing the City Manager to make application for Federal and State public assistance to deal with such emergency; designating a fiscal agent and an agent for submission of financial information for the City; calling upon the Federal and State governments for assistance; and ending the declaration of local emergency. WHEREAS, the Council of the City of Roanoke finds that the City has a local emergency and disaster because of a major winter snow event which began on Friday, January 22, 2016, and will result in significant costs to the City in dealing with the effects of this disaster; 142 WHEREAS, pursuant to the provisions of Section 44- 146.21, Code of Virginia, on January 21, 2016, the Assistant City Manager for Operations, as successor to the City Manager who was outside the Commonwealth of Virginia, acting as Director of Emergency Management, declared a local emergency commencing on January 21, 2016, and the City Manager confirmed this declaration of a local emergency after he returned to Roanoke on Monday, January 25, 2016; and which declaration of local emergency City Council must confirm at its next regularly scheduled meeting, or at a special meeting within fourteen days of such declaration; and WHEREAS, a condition of extreme peril existed which necessitated the declaration of the existence of a local emergency; and WHEREAS, the conditions that warranted the declaration of local emergency end as of 12:00 Noon on Monday, January 25, 2016. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council confirms that a local emergency existed throughout the City of Roanoke commencing January 21, 2016. 2. Council hereby ratifies and confirms that, during the period of the emergency confirmed by this resolution, the City Manager and his successor, the Assistant City Manager for Operations, as Director of Emergency Management, possessed and held those powers, functions, and duties prescribed by the Code of Virginia (1950), as amended, the City of Roanoke Charter of 1952, the Code of the City of Roanoke (1979), as amended, and the Emergency Operations Plan approved by this Council, in order to further the public health, safety, and welfare, address the needs of the people of the City of Roanoke, and mitigate the effects of such emergency. 3. The City Manager is hereby authorized for and on behalf of the City to execute applications, in form approved by the City Attorney, for Federal and State public assistance as is necessary and proper to meet this emergency and to provide to Federal and State agencies for all matters relating to Federal and State disaster assistance the assurances and agreements required by the Federal Emergency Management Agency and other agencies of the State and Federal government. 4. The City's Director of Finance, is hereby designated as the City's fiscal agent to receive, deposit and account for Federal and State funds made available to the City to meet the emergency declared by this resolution, and is hereby designated as the City agent for executing and submitting appropriate documentation and information regarding Federal and State reimbursement for this emergency. 143 5. The Council calls upon the Federal and State governments to take steps to afford to the City of Roanoke public aid and assistance as is necessary and proper to meet this emergency. 6. Pursuant to Section 44- 146.21(a), Code of Virginia (1950), as amended, in the judgment of City Council all emergency actions have been taken and, therefore, City Council ends the declared local emergency effective Monday, January 25, 2016, at Noon. 7. The City Clerk is directed to forward an attested copy of this resolution to the State Coordinator of Emergency Management. APPROVED ATTEST, ju - t), , C� Q� Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The I" day of February, 2016. No. 40430- 020116. A RESOLUTION authorizing the acceptance of funding to the City of Roanoke from the Virginia Department of Transportation ( "VDOT") to be used by the Roanoke Chapter National Railway Historical Society ('RCNRHS ") for the renovation of the Virginian Railway Passenger Station; 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 in the total amount of $246,000.00 from VDOT, with a twenty percent (20 %) local match required from the City, to be used by RCNRHS for the renovation of the Virginia Railway Passenger Station, as more particularly described in the City Council Agenda Report dated February 1, 2016. 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 are to be approved as to form by the City Attorney. 144 1 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: i-YI Stephanie M. Moon Reynold , MIM DavABowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1"day of February 2016. No. 40431 - 020116. AN ORDINANCE to appropriate funding for the Virginian Railway Passenger Station 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 Federal Grant Funds 08 -530- 9652 -9003 $ 246,000.00 Revenues VDOT Transportation Enhancement Grant 08 -530- 9652 -9652 246,000.00 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, MIMIC David A.-Bowers City Clerk Mayor 145 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1" day of February, 2016. No. 40432 - 020116. A RESOLUTION authorizing the waiver of the City of Roanoke's ( "City') sovereign immunity in connection with a land use permit agreement between the City and the Virginia Department of Transportation ( "VDOT ") to gain access to the space under the 1 -581 Bridge on Tazewell Avenue, S. E., Roanoke, Virginia to place artwork, and authorizing execution of any and all necessary documents to comply with the terms of the agreement. 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 land use permit agreement between the City and VDOT to gain access to the space under the 1 -581 Bridge on Tazewell Avenue, S. E., Roanoke, Virginia, to place artwork in the Belmont and Southeast Neighborhoods, as set forth in the City Council Agenda Report dated February 1, 2016. 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 land use permit agreement with VDOT, a copy of which is attached to the aforementioned City Council Agenda Report dated February 1, 2016. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMCr David A. owe�� rs City Clerk Mayor 146 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 161" day of February, 2016. No. 40433-021616. A RESOLUTION memorializing the late Alphonzo LaSalle Holland, Sr., 2003 Citizen of the Year and a native of Roanoke. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Holland on Saturday, December 12, 2015; WHEREAS, Mr. Holland graduated from Lucy Addison High School, attended Hampton Institute, and studied at La Salle University and the Philippines Golden State College; WHEREAS, Mr. Holland served in the U.S. Army, including tours of duty during World War II and the Korean War, and with his service in the Army Reserves until 1976, dedicated 30 years of service to his country; WHEREAS, Mr. Holland was employed by Norfolk and Western Railway in 1938 and, between tours of duty, worked as a freight handler, custodian, and assistant tariff supervisor until he retired in 1985; WHEREAS, Mr. Holland was a member of the Executive Board of the National D- ~ Day Memorial Foundation, Central YMCA, WBRA -TV Advisory Committee, American Red Cross of Roanoke, Virginia Transportation Museum, National Council of Community Justice, Roanoke Valley Race Relations Committee, and Rebuilding Together With Christmas in April; WHEREAS, Mr. Holland was a member and past president of the Big Brothers /Big Sisters Organization; the League of Older Americans; the Roanoke Branch NAACP; past Regional Vice Chair, NAACP; and YMCA Family Center; WHEREAS, Mr. Holland volunteered his services to Lucy Addison Middle School and the Harrison Museum of African - American Culture and, as an active member of High Street Baptist Church, served as a member of its Board of Trustees for more than 50 years, its Brotherhood Ministry, and its Senior and Cathedral Choirs and Men's Chorus; WHEREAS, Mr. Holland was a life member of Delta Nu Alpha Transportation Fraternity, and was the first and only African - American to hold the office of president in this organization; 147 WHEREAS, Mr. Holland was a member of the F &AAYM Masons, Sahara Desert; and a life member of VFW, American Legion Post 1444; WHEREAS, Mr. Holland was interested in making a better community for future generations of African - Americans and was known for working out discrimination issues between supervisors and employees, and for traveling to Selma, Alabama, to march for Civil Rights; WHEREAS, Mr. Holland was involved in the Norfolk & Western African - American Heritage Group's efforts to publish "African American Railroad Workers of Roanoke: Oral Histories of the Norfolk & Western.," a book documenting the oral histories of African - American railroad workers including Mr. Holland whose story is featured as Chapter 1; WHEREAS, Mr. Holland gave generously of his time and energy to make the Roanoke Valley a better place to live. 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 Alphonzo LaSalle Holland, Sr., extending to his family its sincerest condolences, and recognizing the indelible legacy he left to Roanoke and his fellow citizens. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Holland's wife, Sara Pettigrew Holland, and his children Alphonzo, Jr., Carrieoma Brooks and Mary Ann Cummings all of Roanoke. APPROVED ATTEST: ern. Stephanie M. Moon Reynolds, MC �Davi Bower" City Clerk Mayor - ,. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16" day of February, 2016. No. 40434-021616. A RESOLUTION paying tribute to Chief Christopher C. Perkins on the occasion of his retirement after 24 years of service with the City of Roanoke Police Department. WHEREAS, Chief Perkins, a native of Marion, Virginia, came to Roanoke in 1992 after obtaining a Bachelor of Arts Degree with a major in Physical Anthropology from the University of Tennessee in Knoxville, Tennessee; WHEREAS, Chief Perkins began his career with the Roanoke Police Department as a Patrol Officer; was promoted to Sergeant in 2000 and served in Uniform Patrol, Accreditation, and Major Crimes; WHEREAS, Chief Perkins continued to ascend through the ranks of the Roanoke Police Department with promotions to Lieutenant in 2004; Captain in 2006; and Operations Deputy Chief in 2008; WHEREAS, Chief Perkins' achievements within the Roanoke Police Department culminated with his appointment as Chief of Police on October 13, 2010; WHEREAS, during his tenure as Chief of Police, Chief Perkins reorganized the Police Department and implemented the Geographic Policing 3.0 model, a move that decreased Part I violent crime by 53 %, property crime by 23 %, and overall crime by 28 %; created a Citizen Advisory Board to the Chief of Police; led the Police Department through two perfect on -site assessments conducted by the Commission on Accreditation for Law Enforcement Agencies, Inc., in which the commission granted the Police Department Gold standard Advanced Meritorious Accreditation; led the Police Academy to become the second independent municipal law enforcement training academy in the nation to achieve Public Safety Training Academy Accreditation through the Commission on Accreditation for Law Enforcement Agencies, Inc.; and increased the recruitment and promotion of female and minority officers; WHEREAS, Chief Perkins, as a graduate of many leadership training schools to include the Professional Executive Leadership School, the National Criminal Justice Command College, the FBI National Academy, the Franklin Covey Diversity Centered Leadership training, and the FBI -LEEDA Executive Leadership Institute, utilized his additional training to lead the Police Department in unparalleled service to the City; 149 WHEREAS, Chief Perkins is the author of articles for international law enforcement publications; has received numerous departmental awards and recognitions throughout his career; and has received several awards from various organizations in his community, including the Roanoke Southern Christian Leadership Conference 2012 Community Service Award, the 2012 VFW National Law Enforcement Public Servant Citation and Law Enforcement Award, and the 2014 Total Action for Progress Providing Youth a Second Chance Award; WHEREAS, Chief Perkins has been recognized as leader in his profession by his peers as demonstrated by the many leadership positions he has held, including Member of the International Association of Chiefs of Police Investigative Operations Committee, Vice President and President of the Blue Ridge Chiefs of Police Association, and Executive Board Member, Third Vice President, and Second Vice President of the Virginia Association of Chiefs of Police; WHEREAS, in addition to a Bachelor of Arts Degree, Chief Perkins holds a Master of Arts Degree, with a major in Interdisciplinary Studies, from Hollins University, and a Graduate Certificate in Criminal Justice Education from the University of Virginia; WHEREAS, Chief Perkins is the husband of Lori Osborne Perkins and the proud father of Toni Perkins; and WHEREAS, City Council wishes to recognize, applaud, and express its appreciation to Chief Perkins for his service to the citizens of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke that: 1. City Council recognizes, applauds, and expresses its appreciation to Christopher C. Perkins for his distinguished and exemplary service to the City of Roanoke and its citizens over his 24 years with the Roanoke Police Department, including more than 5 years of service as Chief of Police. 2. City Council presents a key to the City in recognition of the extraordinary commitment Chief Perkins has made to our City and its citizens. 3. City Council wishes Chief Perkins continued success in his future endeavors and sends its best wishes and congratulations to his wife, Lori Osborne Perkins, and their daughter, Toni Perkins. 150 4. City Council directs the City Clerk to provide Chief Perkins with a duly attested copy of this Resolution. ATTEST: Stephanie oon Rey, M David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16" day of February, 2016. No. 40435-021616. A RESOLUTION accepting the Juvenile Justice and Delinquency Prevention Title II grant from the Virginia Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Juvenile Justice and Delinquency Prevention Title II grant from the Virginia Department of Criminal Justice Services in the amount of $73,408.00, with no local match from the City, for the term beginning January 1, 2016, to be expended on the Roanoke City Public Schools to create and administer the Positive Alternatives to School Suspension (PASS) Project, in accordance with all the terms, provisions and conditions relating to the receipt of such funds, as more particularly described in the City Council Agenda Report dated February 16, 2016. 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. 151 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: 'yyyy��x� �y� �--� n Stephanie M. Moon Reyno ds% C Y/ `David A. Bowers �' City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 161" day of February, 2016. No. 40436-021616. AN ORDINANCE to appropriate funding from the Virginia Department of Criminal Justice Services for the Juvenile Justice and Delinquency Prevention 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 Fees for Professional Services 35- 630 - 5032 -2066 $ 2,891.00 Administrative Supplies 35- 630 - 5032 -2030 11,158.00 Expendable Equipment ( <$5,000.00) 35- 630 -5032 -2035 2,358.00 Program Activities 35- 630 - 5032 -2066 57,001.00 Revenues Juvenile Justice and Delinquency Prevention FY16 35- 630 - 5032 -5032 73,408.00 152 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ' °n dMsMn Stephanie M. Moon Reynolds, M C •J David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16`" day of February, 2016. No. 40437-021616. A RESOLUTION authorizing acceptance of the 2016 V -STOP Grant made to the City of Roanoke by the Virginia Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Criminal Justice Service, the 2016 V -STOP Grant in the amount of $28,193.00, with a required local match of $9,398.00, and an additional local match of $14,040.00, making the total funding $51,631.00, to employ the Police Department's full -time non -sworn Domestic Violence Specialist, as more particularly described in the City Council Agenda Report dated February 16, 2016. 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. 153 3. The City Manager is further directed to furnish such additional information as may be required in connection with the acceptance of the foregoing grant. APPROVED ATTEST: Stephanie M. Moon R Holds, C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 161" day of February, 2016. No. 40438 - 021616. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Police Department Domestic Violence Program Grant ( VSTOP), amending and reordaining certain sections of the 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 Salary 35- 640 - 3122 -1002 $ 35,965.00 ICMA Retirement 35- 640 - 3122 -1115 5,686.00 401h Health Savings 35- 640 - 3122 -1117 360.00 FICA 35- 640 - 3122 -1120 2,751.00 Medical Insurance 35- 640 - 3122 -1125 6,048.00 Dental Insurance 35- 640 - 3122 -1126 350.00 Life Insurance 35- 640 - 3122 -1130 471.00 Revenues VSTOP Grant CY2016 - State 35- 640 - 3122 -3122 28,193.00 VSTOP Grant CY2016 - Local 35- 640 - 3122 -3123 23,438.00 154 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: k4ephlaWnie Y�o�1G1 —s M. Moon Reynolds, MC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16" day of February, 2016. No. 40439-021616. AN ORDINANCE appropriating funding from James Madison University for the National Clean Diesel Funding Assistance program funded by the Environmental Protection Agency, 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: Fleet Management Fund Appropriations Fleet Replacement Transfer to Grant Fund Grant Fund Appropriations Vehicular Equipment Revenues Vehicle Emission Reduction FY16 -JMU Vehicle Emission Reduction FY16 -Local 17- 440 - 2642 -9010 ($ 56,233.00) 17- 250- 9310 -9535 56,233.00 35- 440 - 5801 -9010 74,977.00 35- 440 -5801 -5801 18,744.00 35- 440 -5801 -5802 56,233.00 155 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST * t4 r"On i:� QC � Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16 °i day of February, 2016. No. 40440 - 021616. AN ORDINANCE to transfer funding from the Capital Improvement Reserve to the Registrar's Office Tenant Upfit and Furniture, Fixtures, and Equipment (FFE) 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 -440- 9466 -9003 $ 48,000.00 Appropriated from Contingency 08- 530 - 9575 -9220 ( 48,000.00) 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: ,,, ST m Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor 156 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16" day of February, 2016. No. 40441-021616. AN ORDINANCE to appropriate funding from the Fleet Management Fund Retained Earnings for the replacement of a ladder truck, amending and reordaining certain sections of the 2015 - 2016 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 2015 - 2016 Fleet Management 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 17- 440 - 2642 -9010 $ 978,000.00 17 -3348 (978,000.00) 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 aJ . Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16" day of February, 2016. No. 40442-021616. 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 Contract, as amended. 157 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., in an amount not to exceed an additional $225,100.00, including Amendment No. 6 in the amount of $200,100.00, for additional professional services for the second year of the City's Transportation Structures Inspection Program (2014 - 2018), which includes providing deck condition assessment and bridge design services of the Dale Avenue Bridge over Tinker Creek and bridge design services for the replacement of the Berkley Road Bridge over Tributary A to Glade Creek, all as more fully set forth in the City Council Agenda Report dated February 16, 2016. 2. The form of such Amendment No. 6 and any additional amendments shall be approved by the City Attorney. 3. Amendment No. 6, and such additional amendments, shall provide authorization for additions to the work, with an increase in the amount of the Contract, and provide that the total amount of Amendment No. 6 and such other amendments will not exceed an additional $225,100.00, all as set forth in the above mentioned City Council 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 the Contract, as amended by Amendment No. 6 and any such additional amendments. Such documents shall be approved as to form by the City Attorney. APPROVED ATTEST: Stephanie M. Moon Re nolds, MC David A. Bowers City Clerk Mayor IMP IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 161" day of February, 2016. No. 40443 - 021616. A RESOLUTION authorizing the City Manager's issuance and execution of Amendment No. 4 to the City Contract with CONMED, INC., in an amount not to exceed $3,419,868.00 for additional medical services for care of inmates housed at the City Jail; and authorizing the City Manager to execute such amendment retroactive to July 1, 2015. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in a form approved by the City Attorney, the attached Amendment No. 4, substantially in the form attached hereto, retroactive to July 1, 2015, in an amount not to exceed $3,419,868.00 for additional medical services for care of inmates housed at the City Jail, all as more fully set forth in the City Council Agenda Report to this Council dated February 16, 2016. The City entered into the original Contract with CONMED, INC. on July 1, 2010 (Contract). 2. The City Manager is further authorized to take such actions and execute such other documents as may be necessary to provide for the implementation, administration, and enforcement of Amendment No. 4 to the above mentioned Contract, as well as the Contract, as amended. The form of any such additional documents shall be approved by the City Attorney. APPROVED ATTEST: Stephanie Moon Re o ds �MC D2 Giowers City Clerk Mayor 159 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 161" day of February, 2016. No. 40444- 021616. AN ORDINANCE to increase the medical services expenditure for Roanoke Jail Inmates, 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 Fees for Professional Services 01 -140- 3310 -2010 $1,039,956.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reynolds, M � i A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 161" day of February, 2016. No. 40445 - 021616. AN ORDINANCE approving an Amended and Restated New River Valley Commerce Park Participation and Revenue Sharing Agreement (Restated Agreement); authorizing the Mayor and the City Clerk to execute and attest, respectively, such Restated Agreement; authorizing the Mayor and /or the City Manager to take such actions and execute such documents as necessary to implement, administer, and enforce such Restated Agreement; and dispensing with the second reading of this Ordinance by title. 160 WHEREAS, the City entered into the New River Valley Commerce Park Project Participation Agreement - Initial Phase dated October 14, 1999 (Participation Agreement), which was authorized by Ordinance No. 34498 - 100499, adopted October 4, 1999, by which the City became a participant in the New River Valley Commerce Park Project which was being undertaken by Virginia's First Regional Industrial Facility Authority (Authority); WHEREAS, by an Amendment to the Participation Agreement, authorized by Ordinance No. 35542- 090401, adopted September 4, 2001, the City and the other parties to the Participation Agreement allowed the withdrawal of the County of Wythe, Virginia, from the Participation Agreement and the New River Valley Commerce Park Project; WHEREAS, by an Amendment to the Participation Agreement, authorized by Ordinance No. 38812 - 051710, adopted May 17, 2010, the City and the other participating member jurisdictions, through the New River Valley Commerce Park Participation Committee and the Authority determined it necessary to amend the Participation Agreement further to reflect changes in the Commerce Park Project and to address other related provisions; WHEREAS, participating member jurisdictions, through the New River Valley Commerce Park Participation Committee and the Authority have determined that it is necessary to amend the Participation Agreement further to reflect changes in the Commerce Park Project and to address other related provisions, all as further set forth and outlined in the City Council Agenda Report dated February 16, 2016, and the proposed Restated Agreement attached to such report; and WHEREAS, the Authority has requested the City to authorize such Restated Agreement in order to address those items and matters set forth in such Restated Agreement. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the provisions of the Restated Agreement as set forth in the City Council Agenda Report dated February 16, 2016, provided that such Restated Agreement will be the same or substantially similar to the one attached to such report. 2. The Mayor and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, a Restated Agreement in a farm substantially similar to the one attached to the above mentioned City Council Agenda Report, such Restated Agreement to be approved as to form by the City Attorney. 161 3. The Mayor and /or the City Manager are each authorized to take such actions and execute such documents as necessary to implement, administer, and enforce such Restated Agreement. 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: Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 161" day of February, 2016. No. 40446-021616. AN ORDINANCE authorizing the City Manager to enter into a regional agreement among and between the City of Roanoke, the County of Roanoke, and the City of Salem to open a Regional Collision Reporting Center, upon certain terms and conditions, and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in a form approved by the City Attorney, a regional agreement among and between the City of Roanoke, the County of Roanoke, and the City of Salem, jurisdictions to open a Regional Collision Reporting Center upon such terms and conditions, and as are more particularly described in the City Council Agenda Report dated February 16, 2016. 162 2. Pursuant to Section 12, Roanoke City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: � �� �� twaj Stephanie M. Moon Reynolds, MIMIC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16" day of February, 2016. No. 40447- 021616. AN ORDINANCE to appropriate funding from the Federal Government and the Commonwealth grants and the Schools General Fund 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 Prof Other Prof 302 - 280 -ERTE- 0000 - 0000 - 68200- 43313 -2 -01 $ 400,638.00 Services Tech Software /On 302 - 280 -ERTE- 0000 - 0000 - 68200 - 46640 -2 -01 194,565.00 Line Content Non-Capt Tech 302 - 280 -ERTE- 0000- 0000 - 68200 - 46650 -2 -01 4,162.00 Hardware Tech 302 - 280 -ERTE- 0000 - 0000 - 68200 - 48220 -2 -01 1,315,991.00 Infrastructure Additions Capital Outlay 302 - 280 -ERTE- 0000 - 0000 - 68200- 48821 -2 -01 13,752.00 Additions Personal Services 302 - 110 - 0000 - 0000 -132J- 61100 - 41121 -3 -01 424.00 Professional Dev. 302 -210- 3300 - 0000 -362K- 62140- 41129 -9 -01 5,173.00 Supplements Revenues Local Match 302 - 280 -ERTE- 0000 - 1000- 00000 - 72000 -9 -00 251,622.00 Federal Grant 302 - 280 -ERTE- 0000 - 0000 - 68200- 38515 -9 -00 1,677,486.00 163 Receipts Federal Grant 302 - 000 - 0000 - 0000 -132J- 00000 - 38010 -0 -00 424.00 Receipts State Grant 302 - 000 - 0000 - 0000 -362K- 00000 - 32291 -0 -00 5,173.00 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 Reynolds, MM David A. Bowers City Clerk Mayor IN THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 161" day of February, 2016. No. 40448-021616. A RESOLUTION saluting the career and contributions of Coach Frank Beamer on the occasion of his retirement. WHEREAS, Frank Beamer announced his retirement as head football coach at Virginia Tech following the completion of his 29th season as head coach of Hokie football; WHEREAS, Coach Beamer completed his career at Virginia Tech by leading his Hokies to victory in the 2015 Independence Bowl against the University of Tulsa, the 23rd consecutive bowl game appearance by the Virginia Tech football team; WHEREAS, as head coach at Virginia Tech, Coach Beamer amassed an overall record of 238 victories, 121 losses, and 2 ties as he led the Virginia Tech program into national prominence and perennial national rankings; WHEREAS, as head coach at Virginia Tech, Coach Beamer led his Hokies to four ACC Conference Championships, three Big East Conference Championships, and one appearance in the national championship game; 164 WHEREAS, Coach Beamer amassed 280 victories over his 35 year career as a head coach and earned eight national coach of the year awards during his distinguished career; WHEREAS, Coach Beamer was an innovative inspirational leader, introducing the concept of 'Reamer Ball' to emphasize the importance that every player on the field has a role in contributing to the success of the team; WHEREAS, Coach Beamer maintained an active, positive, and influential presence throughout the Southwest Virginia community; and WHEREAS, recognition of Coach Beamer's accomplishments and contributions is an appropriate salute to his distinguished career. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council salutes the career, accomplishments, and contributions of Coach Frank Beamer as head football coach at Virginia Tech for 29 years. 2. City Council extends their best wishes for Coach Beamer and his wife, Cheryl, for a healthy, happy, and relaxing retirement. 3. City Council directs the City Clerk to provide Coach Beamer with an attested copy of this Resolution. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor 165 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7" day of March, 2016. No. 40449-030716. A RESOLUTION supporting the designation of the Roanoke Valley region as Virginia's Blue Ridge and directing the use of the Virginia's Blue Ridge brand by the City on promotional and marketing materials in support of expanded destination travel and tourism. WHEREAS, travel in Virginia's Blue Ridge generates nearly $784 million in travel expenditures annually by visitors and supports over 7,600 jobs; and provides more than $55 million in direct state and local tax revenue; WHEREAS, leisure travel, which accounts for more than three - quarters of all trips taken in the United States, supports our region's arts, entertainment, and recreation sectors of tourism and spurs local job creation; WHEREAS, traveler spending in our region enhances the lives of local residents through sales taxes paid by out -of -town guests, thereby decreasing residents' taxes to cover services enjoyed by all; WHEREAS, travel and tourism are vital components of Virginia's diverse economy, a cornerstone of our vibrant quality of life, and a catalyst for entrepreneurship, cultural enrichment, historic preservation, community revitalization and economic growth; WHEREAS, the goal of the Roanoke Valley Convention & Visitors Bureau is to promote the travel and tourism industry in our region, direct the development of local tourism marketing programs, and increase the prosperity and welfare of the people of the City of Roanoke and our region; WHEREAS, in an effort to market Virginia's Blue Ridge as a premier travel destination, the Roanoke Valley Convention & Visitors Bureau works in partnership with localities, businesses, and non - profit institutions to extend the appeal, reach and impact of the "Virginia's Blue Ridge' brand; WHEREAS, the Virginia's Blue Ridge brand promotes a positive and attractive image, regionally, nationally and globally; 166 WHEREAS, the City of Roanoke desires to work with other regional governments and private businesses to unite under one regional brand, Virginia's Blue Ridge; and WHEREAS, the City of Roanoke, in cooperation with other localities within our region, desires to cooperate, collaborate, develop, and maintain a consistent message that supports the Virginia's Blue Ridge brand. NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Roanoke, Virginia as follows: 1. The City of Roanoke joins its regional partners in designating our region as Virginia's Blue Ridge. 2. The Council directs that Roanoke marketing and promotional materials support the Virginia's Blue Ridge brand, to promote, encourage and sustain the growth of destination travel and tourism within the greater Roanoke Valley region. 3. The Council directs the City Clerk to provide an attested copy of this Resolution to the Roanoke Valley Convention & Visitors Bureau, the Botetourt County Board of Supervisors, the Roanoke County Board of Supervisors, the Vinton Town Council, and the Salem City Council. APPROVED ATTEST: , � U') Stephanie M. Moon Re nolds, C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7" day of March, 2016. No. 40450-030716. A RESOLUTION accepting the AmeriCorps VISTA (Volunteers in Service to America) Grant from the Corporation for National and Community Service (CNCS), and authorizing execution of any required documents on behalf of the City in connection with such grant. 167 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 CNCS, a grant that provides the services of an AmeriCorps VISTA member, with a $7,200.00 local match from the City, to build and expand social capital in the Loudon- Melrose community, all of which is more particularly described in the City Council Agenda Report dated March 7, 2016. 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 such other 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 Stephanie M. Moon Re no ds, M C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7'h day of March, 2016. No. 40451- 030716. AN ORDINANCE appropriating funding for the AmeriCorps VISTA grant funded by the Corporation for National and Community Service, 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: Wool Appropriations Fees for Professional Services Revenues AmeriCorps VISTA FY16 -Local 35- 640 - 3490 -2010 $7,200.00 35- 640 - 3490 -3490 7.200.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. MoonReynolds, MMC D—avid A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7`" day of March, 2016. No. 40452-030716. AN ORDINANCE to appropriate funding from the Department of Technology Retained Earnings to the CAD Replacement, Contract Management System, PC Replacement, Lawson Upgrade, Mobile PC Replacement, and Mobile Connectivity Software projects, amending and reordaining certain sections of the 2015 - 2016 Department of Technology Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2015 - 2016 Department of Technology Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Fund Balance Retained Earnings - Available 13- 430 - 9949 -9003 13- 430 - 9445 -9003 13- 430 - 9845 -9003 13- 430 - 9442 -9003 13- 430 - 9546 -9003 13- 430 - 9441 -9003 $100,000.00 30,000.00 220,000.00 78,000.00 100,000.00 100,000.00 13 -3348 ( 628,000.00) 169 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 71" day of March, 2016. No. 40453 - 030716. A RESOLUTION readopting an Emergency Operations Plan for the City of Roanoke. WHEREAS, this Council is concerned about the health, safety, and well -being of its citizens and desires that the best possible emergency services be made available to them; WHEREAS, the Commonwealth of Virginia Emergency Services and Disaster Law of 1973, Chapter 3.2 of Title 44 of the Code of Virginia (1950), as amended, requires that each city and county in the Commonwealth maintain an Emergency Operations Plan which addresses its planned response to emergency situations; WHEREAS, such an Emergency Operations Plan was developed by City staff in coordination with the Virginia Department of Emergency Services, and City Council, by Resolution No. 35688- 121701, authorized the adoption of an Emergency Operations Plan; and WHEREAS, the Emergency Operations Plan has been revised and updated and State law requires the readoption of emergency operations plans every four years; 170 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council does hereby adopt the revised Emergency Operations Plan for the City of Roanoke in accordance with the recommendation contained in the City Council Agenda Report dated March 7, 2016. APPROVED ATTEST: Stephanie M. Moon Reynolds, MIMIC David A. owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 71h day of March, 2016. No. 40454-030716. AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Narrows Lane 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 and /or temporary easements of variable length and width, and such other real property interests as needed, located in the general vicinity of the 4500 Block of Narrows Lane, S. W., Roanoke, Virginia, and the 4600 Block of Van Winkle Road, S. W., Roanoke, Virginia, and surrounding streets, all as more particularly described in the City Council Agenda Report dated March 7, 2016, in order to complete 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 and any other real property parcels needed for the Project. All requisite documents shall be approved as to form by the City Attorney. 171 2. The City Manager is further authorized to execute appropriate acquisition documents for the above mentioned parcel(s) for such consideration as the City Manager may deem 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, MC 2vidgAlowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of March, 2016. No. 40455 - 030716. AN ORDINANCE to transfer funding from the Capital Improvement Reserve to the Registrar's Office Tenant Upfit and Furniture, Fixtures, and Equipment (FIFE) 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- 440 - 9466 -9003 $ 102,000.00 Appropriated from Contingency 08- 530 - 9575 -9220 (102,000.00 ) 172 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Rey'rdlds, C City Clerk David A. Bo erg Mayor 173 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21"day of March, 2016. No. 40456-032116. A RESOLUTION accepting the Virginia Department of Emergency Management HAZMAT Grant to the City from the Virginia Department of Emergency Management, 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 Virginia Department of Emergency Management HAZMAT Grant offered by the Virginia Department of Emergency in the amount of $69,400.00, with no matching funds from the City, upon all the terms, provisions and conditions relating to the receipt of such funds, as more particularly described in the City Council Agenda Report dated March 21, 2016. 2. The City Manager and the City Clerk are hereby authorized to execute, seal, and attest, respectively, the grant agreement and all necessary documents required to accept the grant, all such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: Stef'h>� M. Moon David ers "`~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21$' day of March, 2016. No. 40457-032116. AN ORDINANCE appropriating funding from the State Homeland Security 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. 174 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 35- 520 - 3762 -2044 $ 6,000.00 Other Equipment 35 -520- 3762 -9015 63,400.00 Revenues VDEM SHS Haz -Mat FY15 35- 520- 3762 -3762 69,400.00 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: S�,"'�f/n/-���✓' ���� Stephanie M. Moon R Holds MC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21't day of March, 2016. No. 40458-032116. A RESOLUTION accepting the FY 2015 State Homeland Security Program Grant to the City from the Virginia Department of Emergency Management, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the FY 2015 State Homeland Security Program Grant offered by the Virginia Department of Emergency Management in the amount of $75,000.00, with no matching funds from the City, to be used to purchase equipment and supplies for the Roanoke Fire -EMS Division 6 Heavy Technical Rescue Team. The grant is more particularly described in the City Council Agenda Report dated March 21, 2016. 175 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: one Stephanie M. Moon R nolds, C �/ D id A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of March, 2016. No. 40459 - 032116. AN ORDINANCE appropriating funding from the State Homeland Security through the Commonwealth of Virginia Department of Emergency Management (VDEM) for Heavy Technical Rescue (HTR) Team for equipment, supplies, 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. 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 Other Equipment Revenues VDEM SHS HTR Team FY15 35- 520 - 3761 -2035 $ 5,383.00 35- 520 - 3761 -2044 20,279.00 35- 520 - 3761 -2064 17,888.00 35- 520 - 3761 -9015 31,450.00 35- 520 - 3761 -3761 75,000.00 176 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST:: A194-0--) y� Stephanie M. Moon Rey Ids, Daw A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA, The 21" day of March, 2016. No. 40460 - 032116. AN ORDINANCE to appropriate funding from the Stormwater Utility Fund Retained Earnings to Contractual Services for stormdrain improvement projects, amending and reordaining certain sections of the 2015 - 2016 Stormwater Utility Fund Appropriations, and dispensing with the 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 Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Contractual Services 03- 530 - 3010 -8357 $250,000.00 Fund Balance Retained Earnings - Available 03 -3348 (250,000.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ..... _- Stephanie M. Moon Reyn Ids, M 'l"J �Dav7d7C Bowers City Clerk Mayor 177 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of March, 2016, No. 40461-032116. AN ORDINANCE repealing the increase of the medical services expenditure for Roanoke Jail Inmates budget Ordinance No. 40444 - 021616, adopted February 16, 2016; amending and repealing 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 Ordinance No. 40444 - 021616 is hereby REPEALED and the appropriation for fees and professional services in section 01 140 3310 2010 of the 2015 - 2016 General Fund Appropriations is hereby REPEALED and DELETED. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: yr�I Stephanie M. Mo'ontRe', yndds, M veers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of March, 2016. No. 40462-032116. AN ORDINANCE to appropriate funding from the Federal Government and the Commonwealth grants 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. 178 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 Bonuses 302 -110- 0000 - 0390 -327K- 61100- 41660 -3 -01 $ 2,788.00 Bonuses 302 - 110- 0000 - 1170 -327K- 61100 - 41660 -3 -01 929.00 Bonuses 302 - 110 - 0000 - 0400 -327K- 61100 - 41660 -3 -01 41,822.00 Bonuses 302 - 110 - 0000 - 0210 -327K- 61100 - 41660 -3 -01 18,587.00 Bonuses 302 - 110 - 0000 - 0280 -327K- 61100 - 41660 -3 -01 9,294.00 Bonuses 302- 110 - 0000 - 0230 -327K- 61100 - 41660 -3 -01 4,647.00 Social Security 302- 110 - 0000 - 0390 -327K- 61100 - 42201 -3 -01 212.00 Social Security 302- 110 - 0000 - 1170 -327K- 61100 - 42201 -3 -01 71.00 Social Security 302 - 110 - 0000 - 0400 -327K- 61100 - 42201 -3 -01 3,178.00 Social Security 302 -110- 0000 - 0210 -327K- 61100 - 42201 -3 -01 1,413.00 Social Security 302 - 110- 0000 - 0280 -327K- 61100 - 42201 -3 -01 706.00 Social Security 302 -110- 0000 - 0230 -327K- 61100 - 42201 -3 -01 353.00 Materials & 302 - 110 - 1101 - 0000 -137J- 61100 - 46630 -3 -01 200.00 Supplies Materials & 302 - 110 - 1101 - 0000 -137K- 61100 - 46630 -3 -01 290.00 Supplies Revenues State Grant 302 - 110 - 0000 - 0000 -327K- 00000 - 32400 -0 -00 84,000.00 Receipts Federal Grant 302 - 000 - 0000 - 0000 -137J- 00000 - 38365 -0 -00 200.00 Receipts Federal Grant 302 - 000 - 0000 - 0000 -137K- 00000 - 38365 -0 -00 290.00 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: St�.bm0onRey od? 1C fDSvi City Clerk Mayor 179 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of March, 2016. No. 40463-032116. AN ORDINANCE to rezone certain property located at 3435 and 0 (zero) Melrose Avenue, N. W., from CN, Commercial- Neighborhood District, and CN, Commercial - Neighborhood District and R -7, Residential Single - Family District, to CG, Commercial - General District, subject to a certain condition proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, Habitat for Humanity in the Roanoke Valley, Inc., has made application to the Council of the City of Roanoke, Virginia ( "City Council'), to have the property located at 3435 and 0 (zero) Melrose Avenue, N. W., bearing Official Tax Map Nos. 2660120 and 2660106, respectively, rezoned from CN, Commercial- Neighborhood District, and CN, Commercial- Neighborhood District and R -7, Residential Single - Family District, to CG, Commercial - General District, subject to a certain condition; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on March 21, 2016, 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: .m 1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Map Nos. 2660120 and 2660106, located at 3435 and 0 (zero) Melrose Avenue, N. W., respectively, be, and are hereby rezoned from CN, Commercial- Neighborhood District, and CN, Commercial - Neighborhood District and R -7, Residential Single - Family District, to CG, Commercial - General District, subject to a certain condition proffered by the applicant, as set forth in the Zoning Amendment Application dated January 25, 2016. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC O 2QBowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 215 day of March, 2016. No. 40464-032116, AN ORDINANCE to rezone certain property located at 622 Huntington Boulevard, N. E., by repealing proffered conditions presently binding upon such property and proffering new conditions; and dispensing with the second reading of this ordinance by title. WHEREAS, LSW -HMW Family Limited Partnership has made application to the Council of the City of Roanoke, Virginia ( "City Council'), to amend certain conditions presently binding upon a tract of land located at 622 Huntington Boulevard, N. E., being designated as Official Tax Map No. 3280102, which property is zoned 1 -1, Light Industrial District, with proffers, such proffers being accepted by Ordinance No. 36625- 021704, adopted on February 17, 2004; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; 181 WHEREAS, a public hearing was held by City Council on such application at its meeting on March 21, 2016, after due and timely notice thereof as required by §36.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment, and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the amendment of the proffers applicable to the subject property, and is of the opinion that the conditions now binding upon a tract of land located at 622 Huntington Boulevard, N.E, being designated as Official Tax Map No. 3280102, should be repealed as requested, and that such property be zoned 1 -1, Light Industrial District, with proffers as set forth in the Zoning Amendment Amended Application No. 1 dated February 19, 2016, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the proffered conditions as set forth in the Zoning Amendment Amended Application No. 1 dated February 19, 2016, so that the subject property is zoned 1 -1, Light Industrial District, with such proffers. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTESTT: ' ��� Stephanie M. Moon Reyno s, MMC David A. Bowers City Clerk Mayor 182 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of March, 2016. No. 40465-032116. AN ORDINANCE permanently vacating, discontinuing and closing two (2) segments of public right -of -way along the northern edge of Norfolk Avenue, S. W., and Norfolk Avenue, S. E., as more particularly described hereinafter; and dispensing with the second reading of this ordinance by title. WHEREAS, the City of Roanoke filed an application with the Council of the City of Roanoke, Virginia ( "City Council "), in accordance with law, requesting City Council to permanently vacate, discontinue and close a portion of a certain public right -of -way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by Section 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 21, 2016, after due and timely notice thereof as required by Section 30 -14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right -of -way have been properly notified; and WHEREAS, from all of the foregoing, City Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right -of -way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right -of -way situate in the City of Roanoke, Virginia, and more particularly described as follows: An approximately 0.32 acre segment of Norfolk Avenue, S. W., extending from 2 n, Street, S. W., to South Jefferson Street, approximately 985 feet in length and varying from 3.5 to 27 feet in width, and an approximately 0.07 acre segment of Norfolk Avenue, S. E., extending both east and west from the intersection of Norfolk Avenue, S. E., and Market Street, S. E., approximately 445 feet in length and 6.5 feet in width. 183 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. BE IT FURTHER ORDAINED that the City 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 City 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 Norfolk Southern Railway Company, 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 City 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 or such other document acceptable to the City Engineer for the City of Roanoke, 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. . 2 BE IT FINALLY ORDAINED that pursuant to the provisions of Section 12 of the City APPROVED ATTEST: Stephanie� con Reynol MtvC h < c: wrD City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 215 day of March, 2016. No. 40466-032116. AN ORDINANCE authorizing the proper City officials to execute a contract for the sale of real property with Straight Street Roanoke Valley, Inc., and the necessary documents to sell to Straight Street Roanoke Valley, Inc., two (2) parcels of real estate, together with buildings and improvements thereon, being more particularly described as (1) a parcel of real property, together with buildings and improvements thereon, situated at 108 Coyner Springs Road, Botetourt County, Virginia, containing 6.928 acres of land, more or less, and bearing Official Tax Map No. 108(9)1B (Parcel 1B), and (ii) a parcel of real estate together with buildings and improvements thereon, situated at Coyner Springs Road, Botetourt County, Virginia, containing 23.48 acres of land, more or less, and bearing Official Tax Map No. 108(9)1A (Parcel 1A), upon certain terms and conditions set forth in a proposed contract; authorizing the City Manager to execute such further documents and take such further action as may be necessary to accomplish the above matters; providing for an effective date; and dispensing with the second reading of this ordinance by title. WHEREAS, the City and Straight Street Roanoke Valley, Inc., a Virginia corporation, have negotiated the terms and conditions under which of the City proposes to sell, and Straight Street Roanoke Valley, Inc., proposes to purchase, Parcel 1B and Parcel 1A, all as set forth in a Contract for Purchase and Sale of Real Property, with a draft date of March 7, 2016 (Contract), a copy of which Contract is attached to the City Council Agenda Report dated March 21, 2016; WHEREAS, City Council, after proper advertisement, held a public hearing on this matter on March 21, 2016, pursuant to Sections 15.2 -1800 and 15.2 -1813, Code of Virginia (1950), as amended, at which public hearing all parties, persons, and interested entities were afforded the opportunity to be heard on the above matters; and MOOR WHEREAS, after closing of the public hearing, City Council believes the sale of Parcel 1B and Parcel 1A in accordance with the terms of the contract will benefit the City and its citizens. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the terms of the Contract as set forth in the City Council Agenda Report dated March 21, 2016, under which such Contract the City will sell, and Straight Street Roanoke Valley, Inc., will purchase, Parcel 1B and Parcel 1A. City Council further finds that the sale of Parcel 16 and Parcel 1A as set forth in such City Council Agenda Report will be of economic benefit to the City and its citizens. 2. The City Manager is hereby authorized on behalf of the City to execute, deliver, and perform the Contract to sell Parcel 1B and Parcel 1A to Straight Street Roanoke Valley, Inc., all upon certain terms and conditions as set forth in the Contract attached to the City Council Agenda Report dated March 21, 2016. Such Contract is to be substantially similar to the one attached to the City Council Agenda Report dated March 21, 2016, and in a form approved by the City Attorney. The purchase price to be paid to the City is $10.00, together with the performance of certain conditions and obligations by Straight Street Roanoke Valley, Inc. 3. The City Manager is further authorized to negotiate, execute, deliver, perform, and implement such further documents and agreements and to take such further actions as may be necessary to implement, administer, and enforce the Contract, and to negotiate, execute, deliver, perform, and implement any other agreements or documents related to this matter, which include, but which are not limited to, a Special Warranty Deed conveying Parcel 113 and Parcel 1A to Straight Street Roanoke Valley, Inc. 4. The form of all such documents are to be approved as to form by the City Attorney. 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. 6. This Ordinance is effective as of the date of its passage. APPROVED ATTEST: — �. Stephanie M. Moon Reyn s, M City Clerk 4Ah w - Davi A. owers Mayor :• IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4 1 day of April, 2016. No. 40467 - 040416. A RESOLUTION authorizing acceptance of a revised Victim/Witness Assistance Program grant from the Commonwealth of Virginia Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Commonwealth of Virginia Department of Criminal Justice Services a revised Victim/Witness Assistance Program grant in the amount of $139,083.00 for Fiscal Year 2015 - 2016, which has been revised to include an increase of $18,141.00 with no additional cost to the City, such grant being more particularly described in the report to Council dated April 4, 2016. 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 revised 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 revised grant. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC v owers City Clerk Mayor 187 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4" day of April, 2016. No. 40468- 040416 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 Administrative Supplies 35- 150 - 4560 -2030 $ 9,475.00 Equipment 35- 150 - 4560 -2035 8,666.00 Revenues Victim Witness FY16 -State 35- 150 - 4560 -4561 $18,141.00. 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 avPA-owe, City Clerk Mayor • • PUBLIC RIGHT OF WAY LOCATED ADJACENT TO ROANOKE OFFICIAL TAX MAP NOS: 7130101, 7130102, 7130103, and 7130116 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4" day of April, 2016. No. 40469-040416. AN ORDINANCE allowing certain encroachments requested by BRC Orange Avenue, LLC ( "BRC "), a North Carolina limited liability company qualified to conduct business in the Commonwealth of Virginia, the owner of four parcels of real estate located respectively at 2548 Orange Avenue, N. E., Roanoke, Virginia, known as Official Tax Map No. 7130101; 2512 Daleton Road, N. E., Roanoke, Virginia, known as Official Tax Map No. 7130102; 0 Orange Avenue, N. E., Roanoke, Virginia, known as Official Tax Map No. 7130103; and 0 Daleton Road, N. E., Roanoke, Virginia, known as Official Tax Map No. 7130116 ( "Properties "), for the placement of four retaining walls into and underneath portions of the public right of way located along Orange Avenue and adjacent to the Properties, which portions, in the aggregate, encompass approximately 183 square feet of the public right of way, to allow for existing utility poles to remain in place in connection with BRC's development of the Properties, subject to revocation by the City and upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that 1. Authorization is hereby granted by the City of Roanoke ( "City") to BRC to allow the placement and encroachment by BRC of four retaining walls (the "Retaining Walls ") into and underneath certain portions of the public right of way adjacent to the Properties, along Orange Avenue, N. E. The area of these encroachments is, in the aggregate, approximately 183 square feet within the public right of way, to allow for existing utility poles to remain in place in connection with the owner's development of the Properties, as more particularly set forth and described in the City Council Agenda Report dated April 4, 2016. The encroachments are further identified and described as follows: a. An encroachment of a retaining wall, approximately thirty (30) Lineal Feet An encroachment of a retaining wall, consisting of 59 Lineal Feet, 31 within the public right -of -way, containing 43 square feet within the public right -of -way, and a distance not to exceed thirty one feet (31') into, and approximately six feet (6') underneath, the public right of way adjacent to Orange Avenue, N. E., as more particularly depicted, bounded, and described as "Proposed Retaining Wall P' on the plat entitled "Exhibit Showing Proposed Retaining Wall Encroachment for the District Vue Apartments Development Situated Along Orange Avenue, N. E. (U.S. Route No. 460)" dated March 18, 2016, prepared by Lumsden Associates, P.C., a copy of which is attached to the City Council Agenda Report dated April 4, 2016 (the "Plat "), which Plat is incorporated herein by reference. b. An encroachment of a retaining wall, approximately thirty (30) Lineal Feet, consisting of 45 square feet within the public right -of -way, and a distance not to exceed thirty feet (30') into, and approximately thirteen feet (13') underneath, the public right of way adjacent to Orange Avenue, N. E., as more particularly depicted, bounded, and described as "Proposed Retaining Wall H" on the Plat. C. An encroachment of a retaining wall, approximately twenty five (25) Lineal Feet, consisting of thirty -seven (37) square feet within the public right -of -way, and a distance not to exceed twenty -five feet (25') into, and approximately sixteen feet (16') underneath, the public right- of -way adjacent to Orange Avenue, N .E., as more particularly depicted, bounded, and described as "Proposed Retaining Wall I" on the Plat. d. An encroachment of a retaining wall, approximately thirty -eight (38) Lineal Feet, consisting of fifty -eight (58) square feet within the public right -of -way, and a distance not to exceed thirty -eight feet (38') into, and approximately sixteen feet (16') underneath, the public right -of -way adjacent to Orange Avenue, N. E., as more particularly depicted, bounded, and described as "Proposed Retaining Wall C" on the Plat. RC 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. BRC shall pay all recording costs. 2. BRC agrees that it shall construct, repair, maintain, and replace, or remove if necessary, the Retaining Walls in a good and workmanlike manner. BRC 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 Retaining Walls. BRC 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 Retaining Walls 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 Retaining Walls, in whole or in part, shall be at the sole cost and expense of BRC. BRC 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 BRC'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 Retaining Walls underneath 190 the public right -of -way. BRC 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 Properties that may be required or deemed necessary as a result of the revocation of the encroachments permitted herein, in whole or in part. The City agrees that prior to any revocation of this encroachment permit by the City based on BRC's failure to maintain, repair, or replace the Retaining Walls as required by this Ordinance, the City shall give BRC thirty (30) days written notice to perform such maintenance, repair, or replacement of the Retaining Walls. 3. BRC, 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. BRC shall immediately notify in writing the City of any changes, modifications, and /or termination of any insurance coverages and /or policies required by this encroachment permit. 4. The City Clerk shall transmit an attested copy of this Ordinance to BRC Orange Avenue, LLC, at 5826 Samet Drive, Suite 105, High Point, N.C., 27625. ^ 5. 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 BRC, have been admitted to record, at the cost of BRC, 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 3 above is on file in the Office of the City Clerk for the City of Roanoke. In the event this Ordinance is not signed by BRC and recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, together with the Plat, on or before July 6, 2016, this Ordinance shall terminate and be of no further force and effect. 6. BRC shall not enter into the area of the encroachments into the public right -of -way shown on the Plat 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) BRC satisfies the insurance requirements of this Ordinance. Time is of the essence with respect to this Ordinance. 191 8. The terms, conditions, and obligations contained in this permit shall run with the land and title to the Properties, and are made expressly binding on BRC and its BRC's grantees, assignees, and successors in interest. 9. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. The undersigned, BRC Orange Ave., LLC, a North Carolina 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. BRC ORANGE AVE., LLC, a North Carolina limited liability company, Title: COMMONWEALTH / STATE OF ) CITY /COUNTY OF ) To -wit: I, a Notary Public in and for the State and City aforesaid, do certify that the foregoing instrument was acknowledged before me this _ day of 2016, by , as Manager of BRC Orange Ave., LLC, a North Carolina limited liability company, for and on behalf of such company. My Commission expires: Notary Public Registration APPROVED ATTEST: Stephanie uM MReypw�� City Clerk David ower� Mayor 192 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4" day of April, 2016. No.40470- 040416. A RESOLUTION setting the allocation percentage for personal property tax relief in the City of Roanoke for the 2016 tax year. WHEREAS, in accordance with the requirements set forth in Section 58.1 -3524 (C) (2) and Section 58.1 -3912 (E) of the Code of Virginia, as amended by Chapter 1 of the Acts of Assembly and as set forth in item 503.E (Personal Property Tax Relief Program or "PPTRX) of Chapter 951 of the 2005 Acts of Assembly, qualifying vehicles with a taxable situs within the City commencing January 1, 2016, 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 48.4% tax relief. 3. That qualifying personal use vehicles valued at $20,001.00 or more shall only receive 48.4% 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. 193 5. That the percentages applied to the categories of qualifying personal use vehicles are estimated fully to use all available PPTRA funds allocated to the City of Roanoke by the Commonwealth of Virginia. APPROVED ATTEST: Stephanie M. Moon Reynolds, �Dai:v�i PBowZ ~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of April, 2016. No. 40471- 040416. AN ORDINANCE to appropriate and de- appropriate funding from the Series 2016 �— Bonds to various capital 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. 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 Stormwater Improvements 03- 530 - 3017 -9384 $ 1,920,000.00 Civic Facilities Fund Appropriations Civic Center Upgrades 05- 550- 8635 -9340 1,500,000.00 Appropriated from 2016 Bond Funds 05- 550 - 8631 -9377 1,500,000.00 Capital Projects Fund Appropriations Parks & Rec Master Plan—Phase 11 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 -- Curb, Gutter, Sidewalk FY16 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- 9469 -9377 698,386.00 194 Appropriated from 2016 Bond Funds 08- 530 - 9593 -9377 ( 250,000.00 ) Appropriated from 2016 Bond Funds 08- 530 - 9595 -9377 ( 665,000.00 ) Appropriated from 2016 Bond Funds 08- 530 - 9596 -9377 ( 344,869.00 ) Appropriated from 2016 Bond Funds 08- 530 - 9653 -9377 ( 2,500,000.00 ) Appropriated from 2016 Bond Funds 08- 530 - 9964 -9377 ( 56,168.00) Appropriated from 2016 Bond Funds 08 -530- 9965 -9377 ( 3,332,349.00 ) Revenues General Obligation Bond Proceeds — Par 08- 110 - 1234 -1042 7,240,000.00 General Obligation Bond Proceeds — Premium 08- 110 - 1234 -1046 537,000.00 School Capital Projects Fund Appropriations Round Hill Exp — Phase III 31- 060 - 9582 -9379 $ 8,038,543.00 PH Stadium Turf Replacement 31- 060- 9582 -9382 461,457.00 Revenues General Obligation Bond Proceeds — Par 31 -110- 1234 -1042 7,930,000.00 General Obligation Bond Proceeds — Premium 31- 110 - 1234 -1046 570,000.00 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 len MN1C v Davi A. o=" City Clerk Mayor 195 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 181" day of April, 2016. No. 40472-041816. A RESOLUTION approving the Roanoke Regional Airport Commission's 2016 - 2017 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 2016 - 2017 proposed operating and capital budget, as well as a separate listing of certain proposed capital expenditures, as more particularly set forth in a report from the Roanoke Regional Airport Commission to this Council dated March 28, 2016. APPROVED ATTEST: a Stephanie M. Moon Reyno MMl Zavd . Trinkle City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 181h day of April, 2016. No. 40473-041816. A RESOLUTION approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 2016 - 2017, 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 2016 -2 017, in the amount of $8,338,292.00 is hereby approved, all as more particularly set forth in a letter, and attachments thereto, to the City Manager dated March 24, 2016, from Daniel D. Miles, P.E., Chief Executive Officer of the Roanoke Valley Resource Authority, copies of which have been provided to Council. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC Da f3: Trinkle / City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of April, 2016. No. 40474-041816. A RESOLUTION authorizing acceptance of the following grants by the City of Roanoke from the United States Department of Housing and Urban Development ( "HUD ") to be used for the purposes of ending homelessness (1) a "Home Again" Permanent Supportive Housing ( "PSH ") grant in the amount of $215,670.00, (2) a Homeless Assistance Team ( "HAT') grant in the amount of $140,422.00, and (3) a Continuum of Care Planning grant in the amount of $37,728.00; authorizing the City of Roanoke to serve as fiscal agent for the distribution of such funds; and authorizing the execution of the necessary documents. BE IT RESOLVED by the Council of the City of Roanoke that: The City of Roanoke hereby ACCEPTS the following grants from HUD: (a) The "Home Again' PSH grant in the amount of $215,670.00, with a required local in -kind dollar for dollar match of supportive services, such match to be provided by the City of Roanoke and various external agencies, for a one year period beginning November 1, 2016, through October 31, 2017, to provide rental assistance and supportive services to disabled homeless individuals and their families. (b) A HAT grant in the amount of $140,422.00, with a local cash match in the amount of $47,305.00 from the City of Roanoke, to be used for supportive services to homeless individuals and their families, for the one year period beginning February 1, 2016, through January 31, 2017; and 197 (c) A Continuum of Care Planning grant in the amount of $37,728.00, with a local cash match in the amount of $5,000.00 and in kind supportive services from the City of Roanoke, and a cash match in the amount of $5,000.00 and in kind supportive services from the Council of Community Services, to be used for implementing strategies to end homelessness, for the one year period beginning July 1, 2016, through June 30, 2017. The terms and conditions of the grants are more particularly described in the City Council Agenda Report dated April 18, 2016. .. 2. The City of Roanoke is authorized to be the fiscal agent for the above referenced grants and shall be responsible for distributing the proceeds of the grants. 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 such grants. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC ADa. Trinkle City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 181h day of April, 2016. No. 40475-041816. AN ORDINANCE to appropriate funding from the United States Department of Housing and Urban Development for the Shelter Plus Care Home Again 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: W Appropriations Fees for Professional Services Shelter Plus Care Revenues Shelter Plus Care FY17 35- 630 - 5308 -2010 $ 17,253.00 35- 630 - 5308 -2159 198,417.00 35- 630 - 5308 -5308 215,670.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: n Stephanie M. Moon Re olds, MMC ✓✓ David B. Trinkle City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 181" day of April, 2016. No. 40476-041816. 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 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 Salary 35- 630 - 5361 -1002 $105,921.00 Temporary Employee Wages 35- 630 -5361 -1004 13,520.00 City Retirement 35- 630 - 5361 -1105 16,564.00 Health Savings 35- 630 - 5361 -1117 1,047.00 FICA 35- 630 -5361 -1120 9,137.00 Medical Insurance 35- 630 - 5361 -1125 18,205.00 Dental Insurance 35- 630 -5361 -1126 1,000.00 Life Insurance 35 -630- 5361 -1130 1,261.00 Disability Insurance 35- 630 - 5361 -1131 100.00 Telephone 35- 630 - 5361 -2020 1,400.00 Telephone - Cellular Administrative Supplies Motor Fuel Billed Through Fleet Program Activities Postage Fleet Management Vehicle Repair Revenues Homeless Assistance Team FY16 Homeless Assistance Team FY16 - Local 35- 630 -5361 -2021 35- 630 -5361 -2030 35- 630 - 5361 -2039 35- 630 - 5361 -2066 35- 630 -5361 -2160 35- 630 - 5361 -7026 W •S 800.00 1,500.00 1,300.00 15,372.00 100.00 500.00 35- 630 - 5361 -5361 140,422.00 35- 630 - 5361 -5362 47,305.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST 4 Stephanie M. Moon Reynolds, MMC David B. Trinkle City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 181" day of April, 2016, No. 40477-041816. AN ORDINANCE to appropriate funding from the United States Department of Housing and Urban Development for the Continuum of Care (CoC) Planning Grant, amending and reordaining certain sections of the 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 Revenues CoC Planning FY16 - Federal 35- 630 -5424 -2010 $ 37,728.00 35- 630 -5424 -5424 37,728.00 200 Pursuant 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 B. Trinkle City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'" day of April, 2016. No. 40478-041816. A RESOLUTION accepting the Out -of- School Time Grant to the City from the National Recreation and Parks Association in cooperation with Walmart, and authorizing execution of any required documentation 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 the National Recreation and Parks Association a grant in the amount of $35,000.00, with no local match from the City, to increase the number of healthy meals children in low- income areas receive during out -of- school times, all of which is more particularly described in the City Council Agenda Report dated April 18, 2016. 2. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, the grant agreement and all necessary documents required to accept the grant, all of such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: Stephanie M. Moon Reyndids, M ;� David B. Trinlh�j City Clerk Vice -Mayor 201 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'" day of April, 2016. No. 40479-041816. AN ORDINANCE to appropriate funding from National Recreation and Parks Association for the Out -of- School Time Grant for food service, nutrition education, and sustainability, 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 certain sections of the 2015 - 2016 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Professional Fees Revenues Summer Food Program FY17 35- 620 - 8314 -2010 $35,000.00 35- 620- 8314 -8314 35,000.00 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 B. Tnnkle City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18" day of April, 2016. No. 40480-041816. AN ORDINANCE to rezone certain property located on the 3300 block of Salem Turnpike, N. W., bearing Official Tax Map No. 2640351, by repealing Ordinance No. 31444 - 051793, adopted May 17, 1993, to the extent that it placed conditions on the subject property; and dispensing with the second reading of this ordinance by title. 202 WHEREAS, Richard D. Moses, on behalf of Contractors & Industrial Supply, Inc., has made application to the Council of the City of Roanoke, Virginia ( "City Council"), to repeal Ordinance No. 31444 - 051793, adopted May 17, 1993, to the extent that it placed certain conditions on property located on the 3300 block of Salem Turnpike, N. W., bearing Official Tax Map No. 2640351; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on April 18, 2016, 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. 31444 - 051793, adopted May 17, 1993, to the extent it placed certain conditions on property located on the 3300 block of Salem Turnpike, N. W., bearing Official Tax Map No. 2640351; and is of the opinion that the conditions now binding upon the subject property, should be repealed as requested, and that such properties be zoned 1 -1, Light Industrial District, without conditions, as set forth in the Zoning Amendment Application dated February 26, 2016. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Ordinance No. 31444- 051793, adopted May 17, 1993, to the extent it placed certain conditions on property located on the 3300 block of Salem Turnpike, N. W., bearing Official Tax Map No. 2640351, 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. 2. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the relief sought in the Zoning Amendment Application dated February 26, 2016, so that the subject property is zoned 1 -1, Light Industrial District, without proffers. 203 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 Reynords, MMC David B. Trinkle City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 181" day of April, 2016. No. 40481-041816. AN ORDINANCE to rezone certain property located at 1930 Electric Road, S. W., by amending proffered conditions presently binding upon such property; and dispensing with the second reading of this ordinance by title. WHEREAS, Coots, Cross, Lavinder & Quinn Management Company, LLC, has made application to the Council of the City of Roanoke, Virginia ( "City Council'), to amend certain conditions presently binding upon a tract of land located at 1930 Electric Road, S. W., being designated as a portion of Official Tax Map No. 5090209, which property is zoned CN, Commercial- Neighborhood District, with proffers, such proffers being accepted by the adoption of Ordinance No. 31826, on January 18, 1994, and amended by the adoption of Ordinance No. 32657- 092595, on September 25, 1995, and Ordinance No. 33561 - 090297, adopted on September 2, 1997; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on April 18, 2016, 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 _IA. WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the amendment of the proffers applicable to the subject property, and is of the opinion that the conditions now binding upon a tract of land located at 1930 Electric Road, S. W., being designated as a portion of Official Tax Map No. 5090209, should be amended as requested, and that such property be zoned CN, Commercial- Neighborhood District, with proffers as set forth in the Zoning Amendment Application dated February 26, 2016. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the proffered conditions as amended by the Zoning Amendment Application dated February 26, 2016, so that the subject property is zoned CN, Commercial- Neighborhood District, with such proffers. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: �: r� �� Stephanie M. Moon RC David B. Trinkle City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 181h day of April, 2016. No. 40482 - 041816. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a parcel of City -owned property, being approximately 0.5188 acres, located at 2206 Countryside Road, N. W., Roanoke, Virginia, designated as Roanoke City Official Tax Map No. 6431501, to Walter C. Evans, Jr. and Margaret Renee Evans, upon certain terms and conditions; and dispensing with the second reading of this Ordinance by title. 205 WHEREAS, a public hearing was held on April 18, 2016, pursuant to § §15.2- 1800 and 15.2 -1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that- 1 . The City Manager is hereby authorized, for and on behalf of the City, to execute the necessary documents providing for the conveyance of a parcel of City - owned property, being approximately 0.5188 acres, located at 2206 Countryside Road, N. W., Roanoke, Virginia, and designated as Roanoke City Official Tax Map No. 6431501, to Walter C. Evans, Jr. and Margaret Renee Evans, for the purchase price of $22,500.00, upon certain terms and conditions, and as more particularly stated in the City Council Agenda Report dated April 18, 2016. 2. All documents necessary for this conveyance shall be in form approved by the City Attorney. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST:�}')'�JV� �, ,N • p �j Stephanie M. Moon Reynolds, MMC David B. Trinkle City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18" day of April, 2016. No. 40483 - 041816. AN ORDINANCE authorizing the conveyance of a non - exclusive Pedestrian Access Easement with an approximate width of 10 feet and approximate length of 22 feet, across City -owned property, designated as Official Tax Map No. 1011204, located at 0 Campbell Avenue, S. W., Roanoke, Virginia, to 416 Campbell Avenue, LLC ( "416 Campbell'); upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. 206 WHEREAS, a public hearing was held April 18, 2016, 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 the proposed pedestrian access easement. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the necessary documents providing for the conveyance of a non - exclusive Pedestrian Access Easement, with an approximate width of 10 feet and approximate length of 22 feet, across City -owned property, designated as Official Tax Map No. 1011204, located at 0 Campbell Avenue, S. W., Roanoke, Virginia, to 416 Campbell Avenue, LLC, the owner of an adjacent parcel of real property located at 416 Campbell Avenue, Roanoke, Virginia, in order for 416 Campbell to provide the building located at 416 Campbell Ave. with pedestrian access and egress from the public right of way to a new entry proposed on the eastern side of such building, as more particularly set forth in the City Council Agenda Report dated April 18, 2016. 2. The term of the proposed easement shall be limited to 40 years, in accordance with Section 15.2 -2100 of the Code of Virginia (1950) as amended. 3. All documents necessary for this conveyance shall be in a form approved by the City Attorney. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon ReynolC Dav B. Trinkle City Clerk Vice -Mayor 207 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 181h day of April, 2016. No. 40484- 041816. 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 adjacent to Brambleton Avenue, S. W., designated as Official Tax Map No. 1350601, known as Lakewood Park, to Roanoke Gas Company ('Roanoke Gas'), upon certain terms and conditions; and dispensing with the second reading of this Ordinance by title. WHEREAS, a public hearing was held April 18, 2016, 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 the proposed conveyance of such gas line easement. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of the City, to execute the necessary documents providing for the conveyance of a forty (40) year non- exclusive gas line easement, with an approximate width of ten (10) feet, across City - owned property located adjacent to Brambleton Avenue, S. W., designated as Official Tax Map No. 1350601, known as Lakewood Park, to Roanoke Gas Company, to allow Roanoke Gas to construct, install, and thereafter maintain and replace a gas line, for the purpose of providing utility service to adjacent and neighboring properties, as more particularly set forth in the City Council Agenda Report dated April 18, 2016, and the attachment to that letter. 2. All documents necessary for this conveyance shall be in a form approved by the City Attorney. 3. Pursuant to Section 12, Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: / %,{�J Step of eynX % 4Davi7 B. Tr�� City Clerk Vice -Mayor U100 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18" day of April, 2016. No. 40485-041816. AN ORDINANCE authorizing the City Manager to execute a Contract for Purchase and Sale of Real Property (the "Contract ") between the City of Roanoke, Virginia (the "City'), and Deschutes Brewery, Inc., an Oregon corporation qualified to transact business in the Commonwealth of Virginia (the "Parent "), and its subsidiaries or affiliates that may be created to own and /or operate the Facility described below (together, such subsidiaries and affiliates are "Subsidiaries" and the Parent and the Subsidiaries together, jointly and severally, are the "Buyer'), to sell to the Buyer certain real property located at 2002 Blue Hills Drive, N. E., Roanoke, Virginia 24012, consisting of approximately 49.4173 acres, more or less, together with all improvements thereon, designated as Official Tax Map No. 7230101 (the "Property "), for the construction and operation of a brewery and warehouse facility (the "Facility "), upon certain terms and conditions; authorizing the City Manager to accept a Nonnegotiable Promissory Note (the "Note') from the Buyer in the principal amount of $2,750,000.00 obligating the Buyer to pay the City, subject to the terms of the Note, the principal amount together with accrued interest at the rate of one percent It %) per annum, as set forth in the Note; authorizing the City Manager to execute a Deed of Trust between the City and the Buyer in which the Buyer will grant a first priority Deed of Trust on the Property to the City to secure payment and performance of the Note by the Buyer, as required by the terms of the Contract; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; and dispensing with the second reading of this Ordinance by title. WHEREAS, City is the owner in fee simple of the Property, and the City is desirous of selling the Property to the Buyer and the Buyer is desirous of acquiring the Property for the construction and operation of the Facility; WHEREAS, the City proposes to execute a Contract (the "Contract "), in the form of the Contract attached to the City Council Agenda Report dated April 18, 2016 (the "Agenda Report"), with the Buyer for the purchase of the Property for the sum of $2,750,000.00, together with other consideration and performance of other obligations by the Buyer; WHEREAS, the Buyer agrees to execute a Note (the "Note "), in the form of the Note attached to the Agenda Report, in the principal amount of $2,750,000.00, obligating the Buyer to pay the City, subject to the terms of the Note, the principal amount together with accrued interest at the rate of one percent (1 %) per annum, as set forth in the Note, under which Note principal and accrued interest shall be due in five (5) equal annual installments of principal together with all accrued and unpaid interest on 209 the unpaid principal balance of this Note; provided that each installment payment shall be deemed paid and satisfied in full as it comes due, and the Buyer shall be under no obligation to pay that installment payment to the City, if, at the time an installment is due, the Buyer has performed its obligations as provided under the terms of the Note and Section 19 of the Contract; and provided further that, if an Event of Default, as set forth in the Note, has occurred, the City may accelerate payment of the remaining unpaid balance due under the Note and demand payment in full of the unpaid principal balance of the Note, together with all accrued interest thereon; WHEREAS, upon sale of the Property to the Buyer, the Buyer will grant a first priority Deed of Trust on the Property, in the form of the Deed of Trust attached to the Agenda Report (the 'Deed of Trust'), to the City to secure payment and performance of the Note by the Buyer, as required by the terms of the Contract; and the Deed of Trust provides the City with the power to sell the Property at foreclosure sale in the event of a material default as defined in the Deed of Trust; and the Deed of Trust further provides that, upon satisfaction in full of all obligations of the Buyer under the Note and Deed of Trust, the City will release and discharge the Deed of Trust; WHEREAS, a public hearing was held on April 18, 2016, 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; and WHEREAS, after closing the public hearing, Council believes that the sale of the Property to the Buyer in accordance with the terms of the proposed Contract, Note, and Deed of Trust, will benefit the City and its citizens. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Council finds the sale of the Property will be of economic benefit to the City and its citizens. 2. The City Manager is hereby authorized on behalf of the City to execute a Contract, substantially similar to the Contract attached to the Agenda Report, to sell to the Buyer the Property for the purchase price of $2,750,000.00, together with other consideration and performance of other obligations by the Buyer, for the construction and operation of the Facility, upon such terms and conditions as more particularly set forth in the above - mentioned Agenda Report. 210 3. The City Manager is hereby authorized on behalf of the City to accept a note, substantially similar to the Note attached to the Agenda Report, obligating the Buyer to pay the City, subject to the terms of the Note, the principal amount together with accrued interest at the rate of one percent (1 %) per annum, as set forth in the Note, upon such terms and conditions as more particularly set forth in the Agenda Report. The City Manager is further authorized to execute such other documents and take such further action as may be necessary to implement, administer, enforce, and release and discharge the Note in accordance with the terms of the Note. 4. The City Manager is hereby authorized on behalf of the City to execute and accept a Deed of Trust, substantially similar to the Deed of Trust attached to the Agenda Report, in which the Buyer will grant a first priority lien on the Property to the City to secure payment and performance of the Note by the Buyer, as required by the terms of the Contract, upon such terms and conditions as more particularly set forth in the Agenda Report. The City Manager is further authorized to execute such other documents and take such further action as may be necessary to implement, administer, enforce, and release the Deed of Trust in accordance with the terms of the Deed of Trust. 5. The City Manager is further authorized to execute such further documents, including a Special Warranty Deed of Conveyance for the transfer of the Property to the ^ Buyer in accordance with the terms of the Contract, and take such further actions as may be necessary to implement, administer, and enforce the Contract, the Note, and the Deed of Trust, and complete the sale and transfer of the Property to the Buyer. 6. The City Manager is further authorized on behalf of the City to negotiate and execute such further documents and take such further actions related to this matter and as may be necessary to implement, administer, and enforce the conditions and obligations that must be met by the Buyer pursuant to the Contract, Note, and Deed of Trust. 7. The form of the documents referred to above and in the Agenda Report are to be approved by the City Attorney. 8. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: / Stephanie M. Moon Reynold MMC ✓ David B Trinkle City Clerk Vice -Mayor 211 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18" day of April, 2016. No. 40486-041816. AN ORDINANCE authorizing the proper City officials to execute a Commonwealth's Development Opportunity Fund Performance Agreement (the "Performance Agreement ") among the City of Roanoke, Virginia (the "City "), the Economic Development Authority of the City of Roanoke, Virginia (the "EDA "), and Deschutes Brewery, Inc., (the "Parent "), an Oregon corporation, authorized to transact business in the Commonwealth of Virginia, and its subsidiaries or affiliates that may be created to own and /or operate the Facility described below (together, such subsidiaries and affiliates are "Subsidiaries" and the Parent and Subsidiaries together, jointly and severally, are "Deschutes "), that provides for a grant in the amount of $3,000,000.00 subject to certain undertakings and obligations by the parties in connection with the development of City -owned property located at 2002 Blue Hills Drive, N. E., Roanoke, Virginia 24012 ( "Property ") that Deschutes will acquire for the construction and operation of a brewery and warehouse facility (the "Facility "); authorizing the City Manager to execute an Escrow Agreement between the City and EDA (the "Escrow Agreement "); authorizing the City Manager to accept the COF Grant, defined below, with the requirement that Deschutes achieve certain Local Incentives as described in the Performance Agreement and to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of the Performance Agreement and the Escrow Agreement; and dispensing with the second reading of this Ordinance by title. WHEREAS, the City has been awarded a grant of and expects to receive $3,000,000.00 from the Commonwealth's Development Opportunity Fund (a "COF Grant ") through the Virginia Economic Development Partnership Authority (the "VEDP ") for the purpose of inducing Deschutes to construct, equip, and operate the Facility located at the Property, as set forth in the City Council Agenda Report dated April 18, 2016 (the "Agenda Report"); WHEREAS, the Performance Agreement requires the City to provide Local Incentives to Deschutes in an amount at least equal to the amount of the COF Grant, all as more particularly set forth in the Agenda Report; WHEREAS, the City and Deschutes have negotiated and agreed to enter into a Contract for Purchase and Sale of Real Property (the "Contract ") under which Contract Deschutes will acquire the Property and at which location Deschutes will, after acquisition of the Property, develop, construct, and operate the Facility; 212 WHEREAS, Deschutes has requested an economic development grant through the VEDP to assist with the cost of constructing the Facility at the Property (the "Project'); WHEREAS, pursuant to the Performance Agreement, the City is required to disburse the proceeds of the COF Grant to the EDA to be held in escrow by the EDA, pending acquisition of the Property by Deschutes and commencement of Construction Activity in accordance with the terms of the Contract, and upon satisfaction of these conditions, the EDA will provide the funds to or for the use of Deschutes, subject to Deschutes' promises and commitments to meet certain undertakings and obligations; WHEREAS, the City and the EDA desire to enter into the Escrow Agreement to set forth their agreement regarding the proceeds of the COF Grant; WHEREAS, City staff has advised Council that the Project will benefit economic development within the City and the Roanoke Region, and the Project will provide additional tax revenue and services to benefit the citizens of the City and the Roanoke Region; and WHEREAS, the City and the EDA wish to encourage Deschutes to complete the Project in order to enhance and promote economic development within the City and the Roanoke Region. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the terms of the Performance Agreement among the City, the EDA, and Deschutes, as set forth in the attachment to the Agenda Report, which provides for certain undertakings and obligations by Deschutes, as well as certain undertakings by the City and the EDA. City Council further finds that the economic development grant provided for by the Performance Agreement will promote economic development within the City and the Roanoke Region and will be of economic benefit to the City and its citizens. Z The City Manager is hereby authorized on behalf of the City to accept the COF Grant and execute the Performance Agreement among the City, the EDA, and Deschutes, upon certain terms and conditions as set forth in the Agenda Report. The Performance Agreement shall be substantially similar to the one attached to such Agenda Report and in a form approved by the City Attorney. Such Performance Agreement will also be subject to the approval of the EDA. 3. The City Manager is hereby authorized on behalf of the City to execute the Escrow Agreement between the City and the EDA, upon certain terms and conditions as set forth in the Agenda Report. The Escrow Agreement shall be substantially similar to the one attached to such Agenda Report and in a form approved by the City Attorney. Such Escrow Agreement will also be subject to the approval of the EDA. 213 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 the Performance Agreement and the Escrow Agreement, including, without limitation, requesting and receiving the proceeds of the COF Grant from the VEDP and delivering the proceeds of the COF Grant to the EDA in accordance with the Escrow Agreement. Such other documents shall be in a form approved by the City Attorney. 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: �� Stephanie M. Moon Reynolds, MMC ZX David B. Trinkle City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18" day of April, 2016. No. 40487 - 041816. AN ORDINANCE to appropriate funding for the Deschutes Commonwealth's Development Opportunity Fund Grant Performance Agreement 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 Deschutes — COF Grant 08- 530 - 9471 -9007 $ 3,000,000.00 08- 530 - 9471 -9471 3,000,000.00 214 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Rey', noltls, M �a 7 City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 181" day of April, 2016. No. 40488 - 041816. AN ORDINANCE authorizing the proper City officials to execute a Performance Agreement Regarding Operation Period Economic Development Grant among the City ^ of Roanoke, Virginia (the "City), the Economic Development Authority of the City of Roanoke, Virginia (the "EDA "), and Deschutes Brewery, Inc. (the 'Parent'), an Oregon corporation, authorized to transact business in the Commonwealth of Virginia, and its subsidiaries or affiliates that may be created to own and /or operate the Facility described below (together, such subsidiaries and affiliates are "Subsidiaries' and the Parent and Subsidiaries together, jointly and severally, are 'Deschutes'), that provides for grants estimated to be $1,500,000.00 subject to certain undertakings and obligations by the parties in connection with the development of City -owned property located at 2002 Blue Hills Drive, N. E., Roanoke, Virginia 24012 ('Property) that Deschutes will acquire for the construction and operation of a brewery and warehouse facility (the 'Facility "); authorizing the City Manager to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Performance Agreement; and dispensing with the second reading of this Ordinance by title. WHEREAS, Deschutes has proposed the construction and operation of a brewery and warehouse facility located at the Property after Deschutes acquires the Property from the City in accordance with the terms and conditions of a Contract for the Purchase and Sale of Real Estate between the City and Deschutes (the "Contract'), as set forth in the City Council Agenda Report dated April 18, 2016 (the "Agenda Report"); 215 WHEREAS, construction of the Facility at the Property (the "Project") will require the acquisition and installation of specialized machinery and equipment designed for the production of beer at the Facility (the "Equipment'); WHEREAS, Deschutes has requested an economic development grant through the EDA to assist with the cost of acquisition and installation of the Equipment and related costs necessary for the acquisition and installation of the Equipment; WHEREAS, City staff has advised Council that the Project will benefit economic development within the City and the Roanoke Region, and the Project will provide additional tax revenue and services to benefit the citizens of the City and the Roanoke Region; and WHEREAS, the City and the EDA wish to encourage Deschutes to complete the Project in order to enhance and promote economic development within the City and the Roanoke Region. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows, 1. City Council hereby approves the terms of the Performance Agreement Regarding Operation Period Economic Development Grant among the City, the EDA, and Deschutes (the 'Performance Agreement'), as set forth in the attachment to the Agenda Report, which provides for certain undertakings and obligations by Deschutes, as well as certain undertakings by the City and the EDA. City Council further finds that the economic development grant provided for by the Performance Agreement will promote economic development within the City and the Roanoke Region and will be of economic benefit to the City and its citizens. 2. The City Manager is hereby authorized on behalf of the City to execute the Performance Agreement, upon certain terms and conditions as set forth in the Agenda Report. The Performance Agreement shall be substantially similar to the one attached to such Agenda Report and in a form approved by the City Attorney. The Performance Agreement will also be subject to the approval of the EDA. 3. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of the Performance Agreement. Such other documents shall be in a form approved by the City Attorney. 216 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: St Stephanie M. Moon Rey olds, M C David � rinkle City Clerk Vice -Mayor 217 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of May, 2016. No. 40489 - 050216. A RESOLUTION authorizing the City Manager to appoint Dr. Sharon Ramey and Dr. Craig Ramey as Chief Science Officers for Human Development for the City of Roanoke through the City's volunteer program. WHEREAS, Dr. Sharon Ramey and Dr. Craig Ramey (the "Rameys ") have led multidisciplinary longitudinal research with more than 100,000 children and their families in more than 40 states; WHEREAS, the Rameys used their expertise to help develop and write Roanoke's Community Solutions Action Plan for the Star City Reads program; WHEREAS, the Rameys helped to steer data -based programmatic decisions that have led to great progress in grade -level reading for students in the Roanoke City Public Schools; WHEREAS, the Rameys have been a collaborative force in forming successful partnerships between Child Health Investment Partnership, the Roanoke City Public Schools, the Roanoke City Public Libraries, Total Action for Progress Head Start and the United Way of Roanoke Valley to find school- specific academic and support programs for children in the City of Roanoke; WHEREAS, the research and work contributed by the Rameys was instrumental in the success of Star City Reads, which program earned the City the All- America City Award in 2012; WHEREAS, the Rameys' contributions to the Roanoke community continue to extend well beyond their acclaimed work as child development researchers; and WHEREAS, the Rameys have graciously offered to volunteer their time and lend their expertise in the areas of child development, data analysis, and community partnership to help the City of Roanoke make tangible progress toward the ongoing goal of improving grade -level reading and the overall academic development of the children in the Roanoke Valley. 218 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that 1. The City Manager is hereby authorized to appoint Dr. Sharon Ramey and Dr. Craig Ramey as Chief Science Officers for Human Development for the City of Roanoke through the City's volunteer program. APPROVED ATTEST: Stephanie M. oon Rem S°I L � MMC � Y David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2 n day of May, 2016. No. 40490 - 050216. A RESOLUTION approving the recommendation of the Roanoke Valley Regional Cable Television Committee to approve the annual operating budget for Fiscal Year 2016 - 2017 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 2016 - 2017 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 $209,225.00, plus an additional $2,136.00; and 219 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 $401,044.00, 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 May 2, 2016, 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 $211,361.00 (which consists of $209,225.00 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 operating budget for RVTV for the Fiscal Year 2016 -2017 as requested in the above RVTV letter dated May 2, 2016, to this Council. APPROVED ATTEST: Stephanie M. Moon Reyno ds, C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20° day of May, 2016. No. 40491-050216. A RESOLUTION authorizing acceptance of the FY2016 "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: 220 1. The City Manager is hereby authorized on behalf of the City to accept from the Commonwealth of Virginia, Department of Health, the FY2016 "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 May 2, 2016. 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 from the Commonwealth of Virginia, Department of Health, in connection with the acceptance of the foregoing grant. ATTEST: APPROVED IL Stephanie M. Moon Reyo ds, MfvIC � David A. goyyera sMMi City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2n° day of May, 2016. No. 40492- 050216. 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 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: 221 Appropriations Expendable Equipment 35 -520- 3575 -2035 $ 15,000.00 Training and Development 35- 520 - 3575 -2044 5,000.00 Vehicular Equipment 35- 520 - 3575 -9010 30,000.00 Other Equipment 35 -520- 3575 -9015 27,912.00 Revenues Four - For -Life Grant FY16 35- 520 - 3575 -3575 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: ld MMh� t Stephanie M. Moon Rayne s, C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of May, 2016. No. 40493-050216. A RESOLUTION authorizing the City Manager to execute the Virginia Department of Transportation ( "VDOT") Programmatic Project Administration Agreement ( "PPAA ") Extension Addendum with VDOT; providing assurance of the City of Roanoke's commitment to funding of the projects under the PPAA and in meeting its financial obligations under the program; providing a designation of signature authority regarding commitment of funds; 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 PPAA. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized to execute the PPAA Extension Addendum with VDOT, in a form substantially similar to the one attached to the City Council Agenda Report dated May 2, 2016, and any other documents in connection with this Addendum, such documents to be approved as to form by the City Attorney, to permit continuance of currently funded Revenue Sharing Projects under the September 9, 2013 Agreement between the City of Roanoke and VDOT. 222 2. The City of Roanoke hereby commits to fund its local share of preliminary engineering, right -of -way, and construction of the projects under the PPAA with VDOT in accordance with the project financial documents. 3. The City Manager, as the City of Roanoke's designee, 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 PPAA mentioned above, any such additional documents to be approved as to form by the City Attorney. APPROVED ATTEST: Stephanie M. Moon Reyn City Clerk David A. Bowers Mayor 223 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 91" day of May, 2016, No. 40494-050916. A RESOLUTION amending the School Funding Policy for funding the City's School Division dated May 9, 2011 and approving and adopting the School Funding Policy for funding the City's School Division, as revised, by correcting the amount of the allowance for the deduction of the portion of the Transient Occupancy tax paid to Roanoke Valley Convention and Visitors Bureau d /b /a Visit Virginia's Blue Ridge from 1/8 of such tax collected to 3/8 of such tax collected. WHEREAS, Council adopted a School Funding Policy for funding of the City's School Division by Resolution No. 39108 - 050911, dated May 9, 2011; WHEREAS, Council adopted the revised School Funding Policy dated May 13, 2013 by Resolution No. 39652 - 051313 (the "Revised School Funding Policy "); WHEREAS, the Council adopted an amendment to the Revised School Funding Policy to amend the date on which funds are distributed to the City's School Division ( "Second Revised School Funding Policy "), by Resolution No. 39932 - 051214; and WHEREAS, the City Manager and the Director of Finance propose an amendment to the Second Revised School Funding Policy to correct the allowance for the deduction of the portion of the Transient Occupancy tax paid to the Roanoke Valley Convention and Visitors Bureau d /b /a Visit Virginia's Blue Ridge as set forth in the Second Revised School Funding Policy to 3/8 of such taxes collected, rather than 118 of such taxes collected as set forth in the Second Revised School Funding Policy ( "Third Revised School Funding Policy'). THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The School Funding Policy dated May 9, 2011, and approved and adopted by Council pursuant to Resolution No. 39108 - 050911, revised pursuant to Resolution No. 39652 - 051313, further revised pursuant to Resolution No. 39932 - 051214, is hereby amended by Council, in accordance with the terms of the Third Revised School Funding Policy, a copy of which was transmitted to Council on May 9, 2016, as part of the City Council Agenda Report dated May 9, 2016. 2. The Third Revised School Funding Policy transmitted by the City Manager and the Director of Finance to Council on May 9, 2016 be and is hereby approved and adopted as Council's policy with regard to funding the City's School Division. 224 3. The City Clerk is directed to transmit an attested copy of this resolution to the School Board of the City of Roanoke and to the School Superintendent. APPROVED ATTEST E _: r-vt Stephanie M. Moon Reynolds, MMC Dawd B. Trinkle City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 91" day of May, 2016. No. 40495-050916, A RESOLUTION amending certain fees as set out below to be charged for Athletic Field Rental for Tournaments; providing for an effective date; and directing -r amendment of the Fee Compendium. BE IT RESOLVED by the Council of the City of Roanoke that: The fees for Athletic Field Rental for Tournaments will be as follows: Fee Title Current Fee /Rate Proposed Fee /Rate Athletic Field $5.00 /team entered into $50.00 per field per day Rental for tournament, or $125.00 per plus $10.00 per team plus Tournaments field per day, whichever is $200.00 refundable deposit greater (minimum $125.00) per field plus direct costs for staff and $200.00 refundable deposit per field. (This cost covers dragging and marking services, but not lighting). 2. 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 City of Roanoke for Athletic Field Rental for Tournaments. 225 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 upon its passage. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC Vii' David . TrinkIe City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9" day of May, 2016. No. 40496-050916. AN ORDINANCE adopting the annual General, Stormwater Utility, Civic Facilities, Parking, Department of Technology, Fleet Management, Risk Management, School General, School Food Services, Grant Funds, and State Asset Sharing Program Appropriations of the City of Roanoke for the fiscal year beginning July 1, 2016, and ending June 30, 2017; 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 and Grant Funds, and State Asset Sharing Program in the fiscal year beginning July 1, 2016, and ending June 30, 2017, 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: 226 General Fund Revenues General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Intergovernmental Revenue - State & Federal Charges for Current Services Miscellaneous Total Revenues 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 $3,205,739.00 15,496,285.00 $1,842,228.0.0 92,478.00 $271,846.00 2,550.00 2,800.00 2,090.00 1,900.00 7,180.00 2,090.00 1,900.00 .a $114,528,000.00 81,406,000.00 1,147,000.00 1,284,000.00 221,000.00 70,863,000.00 11,015,000.00 628,000.00 $281,092,000.00 $1,445,521.00 1,669,510.00 1,083,487.00 60,654.00 5,456.00 95,543.00 556,134.00 1,263, 354.00 18,702,024.00 1,934,706.00 292,356.00 1,041,186.00 484,371.00 Municipal Auditing 227 797,367.00 Department of Finance $2,733,193.00 Real Estate Valuation 1,244,736.00 Board of Equalization 11,512.00 3,989,441.00 Residual Fringe Benefits 3,577,886.00 Miscellaneous 50,000.00 Transfers to School Fund 80,402,800.00 Transfers to Greater Roanoke Transit Company 1,899,605.00 Transfers to Debt Service Fund 11,455,616.00 Transfer to Other Funds 5,225,292.00 Funding for Reserves 1,125,000.00 Electoral Board 635,295.00 Office of Communications 457,400.00 City Manager 937,297.00 Roanoke Arts Commission 269,220.00 Economic Development 2,229,691.00 Memberships and Affiliations 3,502,478.00 Personnel Lapse (2,258,633.00) Contingency 1,580,006.00 Department of Management and Budget 664,518.00 Human Resources $1,377,157.00 Employee Health Services 919,365.00 2,296,522.00 E911 Center $2,587,191.00 E911 Wireless 586,177.00 3,173,368.00 Director of General Services and Sustainability $207,795.00 Purchasing 508,064.00 715,859.00 Building Maintenance $5,018,276.00 Custodial Services 778,111.00 5,796,387.00 Fire Administration $942,871.00 Fire Support 1,287,835.00 Fire Operations 19,706,664.00 Emergency Management 127,985.00 22,065,355.00 228 Director of Public Works $177,516.00 Solid Waste Management 7,459,011.00 Transportation - Streets and Traffic 4,475,634.00 Transportation - Paving 3,773,924.00 Transportation - Snow Removal 228,03100 Transportation - Street Lighting 1,133,989.00 Transportation - Engineering & Operations 1,952,867.00 Environmental Management 276,326.00 Engineering 1,522,064.00 Planning and Development $1,437,382.00 Building Inspections 996,617.00 Neighborhood Support 119,421.00 Neighborhood Services 1,421,935.00 Parks $3,331,546.00 Parks & Recreation Administration 1,341,940.00 Recreation 1,721,863.00 Community Recreation 9,285.00 Park Programming 2,000.00 Outdoor Education 81,572.00 Sponsorships and Development 38,500.00 Athletics 72,680.00 Social Services Youth Haven $633,215.00 VJCCCA Enhance Community Services 53,938.00 VJCCCA Substance Abuse Services 58,512.00 Outreach Detention 338,534.00 Health Department Mental Health Human Services Advisory Board Comprehensive Services Act (CSA) Police Administration Police Investigation Police Patrol Police Services Police Training Police Animal Control $2,450,693.00 3,290,080.00 14,420,367.00 2,868,941.00 668,969.00 1,359,849.00 20,999,364.00 3,975,355.00 6,599,386.00 26,134,728.00 1,084,199.00 1,555, 792.00 448,890.00 409,052.00 11,414, 734.00 25,058,899.00 Libraries Law Library Virginia Cooperative Extension Total Appropriations Stormwater Utilitv Fund Revenues Operating Total Revenues Appropriations Operating Debt Service Total Appropriations Civic Facilities Fund Revenues Non - Operating Total Revenues Appropriations Operating Expenses Debt Service Total Appropriations Parking Fund Revenues Operating Total Revenues Appropriations Campbell Garage Market Garage Elmwood Park Garage Center in the Square Garage $3,981,386.00 127,736.00 80,407.00 229 4,189, 529.00 $281,092,000.00 $5,654,000.00 $5,654,000.00 $5,444,100.00 $209,900.00 $5,654,000.00 $2,280,067.00 $2,280,067.00 $566,365.00 1, 713, 702.00 $2,280,067.00 $3,608,452.00 $3,608,452.00 $166,274.00 327,598.00 174,273.00 271,721.00 230 Church Avenue Garage 400,868.00 Tower Garage 302,248.00 Gainsboro Garage 207,501.00 Market Lot 15,750.00 Elmwood Lot 47,250.00 Warehouse Row Lot 20,500.00 Higher Ed Center Lot 37,050.00 Operating 265,973.00 Debt Service 1,371,446.00 Total Appropriations $3,608,452.00 Department of Technology Fund Revenues Operating $7,067,256.00 Total Revenues $7,067,256.00 Appropriations Technology - Operating $4,542,942.00 Technology- Capital Outlay 1,156,398.00 Radio Technology - Operating 747,780.00 Radio Technology- Capital Outlay 620,136.00 Total Appropriations $7,067,256.00 Fleet Management Fund Revenues Operating $7,600,939.00 Non - Operating 100,000.00 Total Revenues $7,700,939.00 Appropriations Operating Expenses $4,102,716.00 Capital Outlay 3,598,223.00 Total Appropriations $7,700,939.00 Risk Management Fund 231 Revenues Operating $17,350,238.00 Total Revenues $17,350,238.00 Appropriations Risk Management Administration $1,162,363.00 Risk Management - Other Expenses 16,187,875.00 Total Appropriations $17,350,238.00 School General Fund Revenues $172,163,209.00 Appropriations $172,163,209.00 School Food Services Fund Revenues $8,292.488.00 Appropriations $8,292,488.00 Grant Fund Revenues Total Revenues $149,661.00 Appropriations Regional Drug Prosecutor $16,955.00 Victim Witness 40,386.00 Homeless Assistance Team 45,320.00 Total Appropriations $149,661.00 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 $45,000.00 232 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, 2016, are re- appropriated to the 2016 -17 fiscal year to the same department and account for which they are encumbered in the 2015 -16 fiscal year. 5. That this ordinance shall be known and cited as the 2016 - 2017 General, Stormwater Utility, Civic Facilities, Parking, Department of Technology, Fleet Management, Risk Management, School General, School Food Services, 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, Stephanie M. Moon Reynolds, MMC � avid B. Trinkle City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 91" day of May, 2016. No. 40497-050916. A RESOLUTION endorsing the update to the Capital Improvement Program submitted by the City Manager by letter of May 9, 2016. WHEREAS, by letter of May 9, 2016, the City Manager has presented an update to the City's Five -Year Capital Improvement Program for Fiscal Years 2017 - 2021 in the recommended amount totaling $151,772,059.00; 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 233 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 2017 - 2021, and the related funding recommendations, as set out in the letter of the City Manager dated May 9, 2016. APPROVED ATTEST: Stephanie M. Moon Reynolds, MIMIC David B. rinkl City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 91" day of May, 2016. No. 40498-050916. AN ORDINANCE to appropriate funding for the FY 2017 - 2021 Update to the Capital Improvement Program, amending and reordaining certain sections of the 2016 - 2017 General Fund 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 2016 - 2017 General Fund and Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Miscellaneous 01- 300 - 9410 -2170 $ 385,617.00 Transfer to Other Funds 01- 250 -9310 (385,617.00) Capital Projects Fund Appropriations Appropriated from General Revenue 08- 530 - 9552 -9003 440,131.00 Contingency 08- 530 - 9575 -9220 1,398,117.00 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- 530 - 9647 -9003 125,000.00 Appropriated from General Revenue 08- 610 - 9929 -9003 21,500.00 234 Appropriated from General Revenue Revenues Transfer from General Fund 08- 620 - 9757 -9003 100,000.00 08- 110 - 1234 -1037 2,284,748.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. P\72 Z41A A,- l TT T7 � 1/EE SS T : Stephanie M. Moon Reyno ds, MMC avid Trinkle City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 91h day of May, 2016. No. 40499 - 050916. AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for the Enterprise Zone Projects, amending and reordaining certain sections of the 2016 - 2017 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 2016 - 2017 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 ti 235 Pursuant 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, MIMIC David B. Trinkle City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 91" day of May, 2016. No. 40500- 050916. A RESOLUTION approving the 2016 - 2017 Annual Update ( "Annual Update') to the 2015 - 2019 Consolidated Plan and authorizing the City Manager, or the City Manager's designee, to submit the approved Annual Update to the United States Department of Housing and Urban Development ( "HUD ") for final review and approval, and authorizing the execution of all necessary documents pertaining to such Annual Update. WHEREAS, in order to receive Community Development Block Grant, HOME Investment Partnerships, and Emergency Solutions Grant funding, HUD requires that entitlement localities such as the City of Roanoke submit a 5 -year Consolidated Plan and Annual Updates; WHEREAS, opportunities for community input regarding the Annual Update were provided at a public meeting held November 17, 2015, and at a City Council public hearing on April 28, 2016, by a 30 -day public review and comment period beginning April 7, 2016, and ending May 6, 2016, by dissemination of information to the Roanoke Redevelopment and Housing Authority main offices, the City Clerk's office and HUD Community Resources Division for public inspection, by letters to a mailing list of interested individuals and organizations, including the Roanoke Neighborhood Advocates, and by publishing information in local print media and on the City's website; and WHEREAS, the Annual Update must be approved by this Council and received by HUD on or about May 15, 2016, to ensure timely receipt of new entitlement funds. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Annual Update is hereby approved; and 1- 236 1. The City Manager, or the City Manager's designee, is hereby authorized, for and on behalf of the City, to submit the approved 2016 - 2017 Annual Update to HUD to the 2015 - 2019 Consolidated Plan for final review and approval, and to execute all necessary documents pertaining to such Annual Update, such documents to be approved as to form by the City Attorney. 2. The City Manager is authorized to execute such subgrant agreements and amendments as may be required pursuant to the Annual Update, and as may otherwise exceed the City Manager's authority under Section 2 -124 of the Code of the City of Roanoke, as amended, such subgrant agreements or amendments to be within the limits of funds provided for in the Annual Update and to be approved as to form and as to execution by the City Attorney, all as more particularly set forth in the City Manager's letter dated May 9, 2016, to this Council. APPROVED ATTEST: K yv , Stephanie M. Moon Reynolds, MIMIC David B. Trinkle City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9' day of May, 2016. No. 40501-050916. AN ORDINANCE to adopt and establish a Pay Plan for officers, employees, Council appointed officers and Constitutional Officers of the City effective July 1, 2016; providing for certain salary adjustments; authorizing various annual pay 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, 2016, the Pay Plan hereinafter set out in its entirety, which shall read and provide as follows: w 237 Pay Grade Pursuan Minimum Salary Maximum Salary 4_ $19,911.32 $31,858.32 _ 5 $20,907.38 $33,451.86 6 $22,474.40 $35,959.30 7 $24,210.42 $38,736.62 8 $26,748.80 $42,798.08 _ 9 $29,556.80 $47,291.14 10 $32,662.76 $52,260.00 _ 11 $34,963.24 $55,941.34 12 $38,983.88 $62,374.00 13 $43,467.84 $69,548.44 14 $48,465.56 $77,545.00 15 $54,039.44 $86,463.26 16 $61,041.76 $97,666.92 17 $68,060.98 $108,897.88 18 $75,887.76 $121,421.04 19 $85,665.84 $137,065.24 20 $95,516.98 $152,827.22 2. Pursuant to §2 -68, Code of the City of Roanoke (1979), as amended, effective July 1, 2016, the City Manager shall promulgate and cause to be distributed among the officers and employees of the City a Classification Plan, consisting of a plan of classification assigning a pay grade and pay range in accordance with this Ordinance and class code to each position in the classified service of this City. 3. Performance increases of two percent (2 %) of the employees' current base salary may be awarded officers and employees according to their performance scores. Effective July 1, 2016, for officers and employees appointed or hired after July 1, 2015, 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 two percent (2 %) 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. 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. 238 5. For the fiscal year beginning July 1, 2016, and ending June 30, 2017, and for succeeding fiscal years unless modified by ordinance duly adopted by this Council, the annual salaries of the following Council appointed officers shall be as set forth below: POSITION TITLE ANNUAL SALARY City Manager $ 200,886.86 City Attorney $ 168,715.85 City Clerk $ 101,304.45 Municipal Auditor $ 117,195.42 6. 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 each quarter paid to the City's deferred compensation plan for her participation in said deferred compensation plan and the City will continue to put into place on her behalf a disability insurance policy consistent with that available to other 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. 7. 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. 8. 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. 9. 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. 10. 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. 239 11. 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. 12 Annual pay 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 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 $ 2,000.00 Tax Compliance Auditor $ 2,000.00 If the requirement that any of the foregoing officers or employees own or lease a motor vehicle for routine use in the conduct of City business should be eliminated, then the pay 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 pay supplements for other officers or employees. 13. 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 pay supplement of $600.00, payable on a bi- weekly basis as a uniform allowance. 14. Each employee of the Fire -EMS 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 pay supplement of $1,200.00, payable on a bi- weekly basis, so long as they maintain such certification and continue to participate in the City's First Responder Program. 240 15. Each employee of the Fire -EMS 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 pay supplement of $1,200.00, payable on a bi- weekly basis, so long as they are assigned to the Regional Hazardous Materials Response Team. 16. Each employee of the Fire -EMS 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 pay supplement of $1,500.00, payable on a bi- weekly basis, so long as they are assigned to perform Fire Inspector duties as a part of the Fire Prevention Program. 17. 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 pay supplement of $1,500.00, payable on a bi- weekly basis, so long as they are assigned to perform inspection and repair duties as a part of the Fire Maintenance Safety Program. 18. Each employee of the Fire -EMS Department who has been certified and is qualified for the Heavy and Tactical /Swiftwater Team shall be accorded an annual pay supplement of $1,200.00, payable on a bi- weekly basis, so long as they remain a member of the Heavy and Tactical /Swiftwater Team. 19. Each employee of the Fire -EMS Department assigned by the Chief to the Training Division for the purpose of training and teaching of personnel within the Fire - EMS Department shall be accorded an annual pay supplement of five percent (5 %) of the employee's base salary, payable on a bi- weekly basis, so long as that employee continues to be assigned to the Training Division. 20. 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 $1,061.00 to $5,068.00, payable on a bi- weekly basis. 21. 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 the employee's base salary, payable on a bi- weekly basis. 241 22. 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 $4,000.00, payable on a bi- weekly basis. If a qualified employee is receiving an EMT pay supplement, pursuant to the provisions of Paragraph No. 14 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. 23. A pay stipend of $100.00 per month, or $1,200.00 annually, paid monthly, if the member actually attends a regularly scheduled meeting during that month, shall continue to be awarded to members of the City Planning Commission and the Board of Zoning Appeals upon attainment of certification through the Virginia Certified Planning Commissioner Program and the Virginia Certified Board of Zoning Appeals Program, respectively. New appointees will be required to attain certification within one year of the date of appointment. 24. A pay stipend of $100.00 per month, or $1,200.00 annually, paid monthly, if the member actually attends a regularly scheduled meeting during that month, shall be awarded to members of the Architectural Review Board. The requirement for certification of members by the Virginia Certified Architectural Review Program, adopted by Council effective July 1, 2004, is suspended until the Program has been fully developed and made operational by the Virginia Department of Historic Resources (VHDR). 25. 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 officers or employee's position, such officer or employee shall still receive the full amount of such pay supplement provided in this Ordinance. 26. Regular full -time, permanent, City employees who donate to the 2017 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 per year $10.00 per pay period/ 8.0 hours of leave $260 per year Permanent part-time employees who donate to the 2017 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 2017 United Way Campaign will earn paid leave as follows: 242 Donation Per Pay Period Total Paid Leave Allotted $5.00 per pay period/ 6.0 hours of leave $130 per year $10.00 per pay period/ - 12.0 hours of leave $260 per year All time earned through donations to the 2017 United Way Campaign must be used by July 3, 2017. 27. Each employee of the Sheriff's office who meets qualifications for Master Deputy Sheriff and has been appointed such by the Sheriff shall receive a five percent (5 %) increase to base annual salary. This increase shall be capped at no more than five percent (5 %) above the pay range maximum for a Deputy Sheriff. Any Master Deputy Sheriff who fails to meet required qualifications and is removed from appointment by the Sheriff shall have the base annual salary reduced by five percent (5 %). 28. The City Manager is authorized to continue a pay supplement to eligible employees who use personal cell phones and personal data assistants for City business. The monthly pay supplement shall be $30.00 for voice and $50.00 for voice /data, payable on a bi- weekly basis. J 29. 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, 2016 and June 30, 2017, 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. 30. The provisions of this ordinance shall be in full force and effect on and after July 1, 2016. 31. 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 Rey Ids, MC City Clerk David Kinkle Vice -Mayor 243 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16" day of May, 2016. No. 40502- 051616. AN ORDINANCE amending and reordaining Section 24 -97, Possession or consumption of alcoholic beverages, of Article IV, Parks, of Chapter 24, Public Buildings and Property Generally, of the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 24 -97, Possession or consumption of alcoholic beverages, of Article IV, Parks, of Chapter 24, Public Buildings and Property Generally, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 24 -97. Possession or consumption of alcoholic beverages. (a) If any person, in or upon the grounds of any city park, shall take a drink of any alcoholic beverage or have in his possession any alcoholic beverage or any beverage in any container labeled as an alcoholic beverage, he shall be guilty of a Class 4 misdemeanor. As used in this section, the term "alcoholic beverage" shall have the meaning set forth in section 4.1 -100, Code of Virginia (1950), as amended. (b) Subsection (a) of this section notwithstanding, the city manager is hereby authorized to allow alcoholic beverages to be consumed on the premises of Elmwood Park, Century Square at Church Avenue, S.E., designated as Official Tax Map No. 4010305 s a. from F 're -Stat on No ' ( "Century Square "), Mill Mountain Park (including the Discovery Center and any shelters at Mill Mountain Park), Mountain View (including Mountain View Recreation Center), Vic Thomas Park, Wells Fargo Wasshevla Plaza at Market Street, S.E., located adjacent to the Market Square Walkway ( "Wells Fargo- Waschovia Plaza "), Reserve Avenue Park, SunTrust Plaza, and Preston Park (including Preston Park Recreation Center), Fallon Park (including Fallon Park Shelter, but not including Fallon Park Pool and Fallon Park School, which includes the buildings and the adjacent property used and maintained by Roanoke City Public Schools),and cam, Dark Pooh Smith Park (including Smith Park Shelter), Highland Park (not including the enclosed area designated as Highland Dog Park within Highland Park), and Wasena Park designated as Official Tax Map No. 1222301 (including Wasena Brick Shelter and Wasena Stone Shelter), hereinafter collectively referred to as the "designated park facilities," under the following conditions: 244 (1) Any applicant seeking to serve or permit the consumption of alcoholic beverages in the designated park facilities shall apply to the city manager for an alcohol permit, allowing the possession, consumption, distribution or sale of alcoholic beverages within the designated park facilities. If the alcohol permit is issued by the city manager, the applicant shall also obtain all appropriate permits and licenses from the state department of alcoholic beverage control ( "ABC Board "). The issuance of the city's alcohol permit shall be conditioned upon the issuance of a permit or license by the ABC Board on the same terms and conditions as the city's alcohol permit. A copy of the ABC permit shall be filed with the city manager at least three (3) business days before the first day of the event which is the subject of the city's alcohol permit; (2) --Gnty- section (c}aonprefiEarganizatien� under T+t{e -26 of- ie - dnited- States Cedefaayap [l, r- the- cAy'salsohel -permit- fer-E,'nTwGGd- P„"entupi-Squaf�-,, MU- AAountain Park-(not Glud �e-Bjssevery- GeMer),- -Washevia -Plaza and Weston - Park. -- Any- $erser,or-ent#y- - may ..apply- for4he-Gity's- a',c�t -fi Mountain -- i w-,4he- Biscevery-- Cemer- Reserve - Avenue - .Park, and-SunTn1 Plaza (32) The applicant shall comply in all respects with all applicable rules, regulations, ^� terms and conditions of the ABC Board, or any permit or license issued by the ABC Board; . . (43) The city manager shall designate, in writing, the time and place where alcoholic beverages may be possessed, consumed, distributed or sold within the designated park facilities; (54) No city alcohol permit shall be issued which shall allow the possession or consumption of alcoholic beverages after 12:00 a.m. (midnight), or the distribution or sale of alcoholic beverages forty -five (45) minutes prior to the [� required cessation of the event for which the permit is issued; (6) Any app! cant which q a se$t♦Qn-504(G4- ^ro....r: r-...r.�ragni3 final —d— TM- 71 -1 245 (75) No glass containers shall be used to consume alcoholic beverages within the boundaries of the designated park facilities; (86) Each applicant shall obtain insurance of a type and for an amount acceptable to the office of risk management for the city. The issuance of the city's alcohol permit shall be conditioned upon the applicant providing a copy of a certificate of insurance, evidencing appropriate and acceptable insurance, at the time of application; (97) Each application shall be accompanied by a refundable deposit established by the city manager, and published in the city's fee compendium. The refundable deposit shall be for any clean -up necessitated by the applicant's use of the designated park facilities. The determination of whether any clean -up is necessitated by the applicant's use of either of the designated park facilities, and the cost of that clean -up, shall be within the city manager's sole and absolute discretion. The amount of any refund shall be determined within five (5) business days after the last day of an event which is the subject of a city alcohol permit, and any refund, or notice of no refund, shall be made as soon as reasonably possible after the five (5) business day period. In the event that the cost of the clean -up exceeds the amount of the refundable deposit, the applicant shall be responsible for the difference; (408) The fee for an alcohol permit to allow alcoholic beverages to be consumed on the premises of the designated park facilities, pursuant to this section, shall be established by the city manager, and published in the city's fee compendium; and (449) The city manager is authorized to make such other rules and regulations not inconsistent with the Code for the City of Roanoke (1979), as amended, or the Code of Virginia (1950), as amended, as may be necessary to govern the use of the premises where alcoholic beverages may be possessed, consumed, distributed or sold. 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: o7. Stephanie M. Moon Reynolds, MMC David B. Trinkle City Clerk Vice -Mayor W IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16'" day May, 2016. No. 40503-051616. A RESOLUTION accepting the Regional Fire Service Training Facilities Grant to the City from 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 of Roanoke does hereby accept the FY 2017 Regional Fire Service Training Facilities Grant offered by the Virginia Department of Fire Programs in the amount of $15,000.00, with no matching funds from the City, to be used to purchase a trailer and training equipment for the City's Regional Fire -EMS Training Center. The grant is more particularly described in the City Council Agenda Report dated May 16, 2016. 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: Stephanie M. Moon Reyno s, M C av d B. T /nkle City Clerk Vi City 247 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 161" day of May, 2016. No. 40504- 051616. AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Fire Programs for a mobile training center and training equipment, 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 Expendable Equipment ( <$5,000.00) Vehicular Equipment Revenues VFSP Training Center Grant FY16 35 -520- 3740 -2035 $ 8,701.00 35 -520- 3740 -9010 6,299.00 35 -520- 3740 -3740 15,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon ReynoRis, MMa David B.,Trinkle'� City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 161" day of May, 2016. No. 40505-051616. A RESOLUTION accepting the FY2016 - 2017 Local Emergency Management Performance Grant (LEMPG) to the City from the Virginia Department of Emergency Management (VDEM), and authorizing execution of any required documentation on behalf of the City. • BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the FY2016 - 2017 Local Emergency Management Performance Grant (LEMPG) offered by the Virginia Department of Emergency Management (VDEM) in the amount of $53,387.00, with a required local match from the City of Roanoke in the amount of $53,387.00, for a total award of $106,774.00, to be used to support the emergency management activity, which will include the Emergency Manager's salary, planning and vehicle. The grant is more particularly described in the City Council Agenda Report dated May 16, 2016. 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. 1 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 Reyno s, MMC Davd'B. Trinkle City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 161" day of May, 2016. No. 40506- 051616. A RESOLUTION accepting the FY 2015 State Homeland Security Program Grant to the City from the Virginia Department of Emergency Management, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the FY 2015 State Homeland Security Program Grant offered by the Virginia Department of Emergency Management in the amount of $44,000.00, with no matching funds from the City, to be used to install a quick connect device at the Berglund Center. The grant is more particularly described in the City Council Agenda Report dated May 16, 2016. 249 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: ern. � 4Dad Stephani e M. Moon Reyn s, MM rinkle City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of May, 2016. No. 40507- 051616. AN ORDINANCE appropriating funding from the United States Department of Homeland Security (DHS) through the Commonwealth of Virginia Department of Emergency Management (VDEM) for the electrical equipment necessary for a quick connect device, 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 Other Equipment 35- 520- 3763 -9015 $ 44,000.00 Revenues VDEM SHS Mass Care Shelter Enhancement FY15 35- 520 - 3763 -3763 44,000.00 250 Pursuant 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 MC David B. Trinl(Ftts City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 161" day of May, 2016. No. 40508-051616. AN ORDINANCE authorizing execution of a First Amended Intergovernmental Agreement Establishing the Roanoke Valley Greenway Commission; expanding such Agreement to include Botetourt County as a member; and dispensing with the second reading of this ordinance by title. WHEREAS, the purpose of the Roanoke Valley Greenway Commission (hereinafter, "Commission ") is to promote and facilitate coordinated direction and guidance in the planning, development, and maintenance of a system of greenways throughout the Roanoke Valley; WHEREAS, the jurisdictions that are a member of the Commission are the City of Roanoke, Roanoke County, the City of Salem, and the Town of Vinton; WHEREAS, there is an opportunity to expand this successful partnership by including Botetourt County as the Commission's newest member; and WHEREAS, authorizing Botetourt County to become a member of the Commission will enable the partnering locality members to join forces and include such opportunities for our citizens and visitors as connecting the greenway system to Carvin's Cove, the Appalachian Trail, national forests, and the James River. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 251 1. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, a First Amended Intergovernmental Agreement (hereinafter, "First Amended Agreement') expanding the Roanoke Valley Greenway Commission by and among the City of Roanoke, Virginia, the City of Salem, Virginia, the Town of Vinton, Virginia, and Roanoke County, Virginia, to include Botetourt County, Virginia, such First Amended Agreement, effective beginning July 1, 2016, upon such terms and conditions as are more particularly described in the City Council Agenda Report dated May 16, 2016. 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 n ReY MMC � cDavi��rin ✓' /1 City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16'" day of May, 2016. No. 40509-051616. AN ORDINANCE authorizing the City Manager to execute Amendment No. 1 to the Contract for the Purchase and Sale of Real Property, dated January 21, 2015 ( "Contract'), by and between the City of Roanoke, Virginia ( "City "), and Roanoke Higher Education Authority ('RHEA "), for real property situated at 209 Henry Street, N. W., Roanoke, Virginia, designated as Official Tax Map No. 2013001, to extend the new construction commencement date to December 21, 2016 and to extend the completion date of the new construction to January 22, 2018, upon certain conditions; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; reordaining Ordinance No. 40160- 012015, adopted on January 20, 2015, only to the extent not inconsistent with this Ordinance; and dispensing with the second reading of this Ordinance by title. WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 40160- 012015, adopted on January 20, 2015, in which Council approved the terms of a Contract between the City and RHEA, pursuant to which Contract the City agreed to sell City -owned property located at 209 Henry Street, N. W., Roanoke, Virginia, designated as Official Tax Map No. 2013001 ('Property "); 252 WHEREAS, the City and RHEA executed the Contract which was dated January 21, 2015; WHEREAS, RHEA acquired title to the Property from the City by deed dated July 21, 2015, and subject to the terms of the Contract was to commence construction by July 21, 2016, and complete construction by July 21, 2017; - WHEREAS, RHEA has requested additional time in which to commence construction and complete construction as more particularly described in the City Council Agenda Report dated May 16, 2016; and WHEREAS, the City and RHEA have negotiated changes to the Contract and desire to amend the Contract. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the terms of Amendment No. 1 to the Contract as set forth in the City Council Agenda Report dated May 16, 2016, which Amendment No. 1 amends the Contract approved by City Council by Ordinance No. 40160- 012015, adopted on January 20, 2015, and provides for certain undertakings and obligations by RHEA and City. 2. The City Manager is hereby authorized on behalf of the City to execute Amendment No. 1 to the Contract, which provides to extend the new construction commencement date to December 21, 2016, and the completion date of the new construction to January 22, 2018, upon certain terms and conditions as set forth in Amendment No. 1 to the Contract attached to the City Council Agenda Report dated May 16, 2016. Such Amendment No. 1 to the Contract is to be substantially similar to the one attached to such Report, and in a form approved by the City Attorney. 3. The City Manager is further authorized to negotiate, execute, deliver, and implement such further documents and agreements and take such further actions as may be necessary to implement, administer, and enforce such Amendment No. 1 to the Contract, and to negotiate, execute, deliver, and implement any other agreements or documents related to this matter. 4. Ordinance No. 40160- 012015, adopted January 20, 2015, is hereby reordained to the extent that such Ordinance is not inconsistent with this Ordinance. In the event of any inconsistency, the provisions of this Ordinance shall control. 253 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reyno s, t David B. Trinkle City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16'" day of May, 2016. No. 40510-051616. A RESOLUTION authorizing the issuance and sale of not to exceed thirty -five million dollars ($35,000,000.00) aggregate principal amount of city of Roanoke, Virginia, General Obligation Public Improvement Refunding Bonds; authorizing the sale of such Bonds at competitive or negotiated sale; fixing the form, denomination and certain other details of such bonds; delegating to the City Manager and the Director of Finance certain powers with respect thereto, including the power to select the underwriters if such Bonds are sold at negotiated sale; authorizing the city to enter into one or more Bond purchase contracts by and between the city and such underwriters relating to such Bonds; authorizing the City Manager and the Director of Finance to execute and deliver such Bond purchase contracts; authorizing the preparation of a preliminary official statement and an official statement and the delivery thereof to the purchasers of such bonds; authorizing the execution and delivery of a continuing disclosure certificate relating to such Bonds; authorizing the City Manager and the Director of Finance to appoint an escrow agent; authorizing the execution and delivery of an escrow deposit agreement by and between the city and such escrow agent relating to the refunded Bonds; authorizing the City Manager and the Director of Finance to appoint a verification agent; authorizing the City Manager and the Director of Finance to designate the refunded Bonds for redemption; and otherwise providing with respect to the issuance, sale and delivery of such bonds and the refunding of the refunded bonds Be it resolved by the council of the City of Roanoke, Virginia, as follows: The Council (the "Council') of the City of Roanoke, Virginia (the "City "), hereby finds and determines as follows: 254 Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $5,500,000 aggregate principal amount of General Obligation Public Improvement Bonds, Series 2006B, dated February 8, 2006 (the "Series 2006B Bonds "). Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $44,925,000 aggregate principal amount of General Obligation Public Improvement and Refunding Bonds, Series 2010A, dated March 11, 2010 (the "Series 2010A Bonds "). Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $4,820,000.00 aggregate principal amount of General Obligation Public Improvement and Refunding Bonds, Series 2010C, dated August 11, 2010 (the "Series 2010C Bonds "). Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $5,470,000 aggregate principal amount of General Obligation Public Improvement Bonds, Series 2010D (Tax- Exempt- Recovery Zone Facility Bonds), dated August 11, 2010 (the "Series 2010D Bonds "). Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $7,610,000 aggregate principal amount of General Obligation Public Improvement Bonds, Series 2012A, dated March 14, 2012 (the "Series 2012A Bonds'). Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $15,385,000.00 aggregate principal amount of General Obligation Public Improvement Refunding Bonds, Series 2012C, dated March 14, 2012 (the "Series 2012C Bonds'). Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered by the City's $24,580,000.00 aggregate principal amount of General Obligation Public Improvement and Refunding Bonds, Series 2013A, dated February 27, 2013 (the 'Series 2013A Bonds "). Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered by the City's $12,010,000.00 aggregate principal amount of General Obligation Public Improvement and Refunding Bonds, Series 2014A, dated March 4, 2014 (the "Series 2014A Bonds "). 255 Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered by the City's $25,850,000.00 aggregate principal amount of General Obligation Public Improvement and Refunding Bonds, Series 2015, dated March 25, 2015 (the "Series 2015 Bands "). The City has been advised by the City's Financial Advisor that the refunding in advance of their stated maturities of all or a portion of the outstanding Series 2006B Bonds, Series 2010A Bonds, Series 2010C Bonds, Series 2010D Bonds, Series 2012A Bonds, Series 2012C Bonds, Series 2013A Bonds, Series 2014A Bonds, Series 2015 Bonds and certain maturities of certain other currently outstanding issues of general obligation public improvement bonds of the City may result in annual debt service cost savings to the City, depending upon market conditions, or may enable the City to modify its existing annual debt service structure. The Council desires to authorize the issuance and sale of General Obligation Public Improvement Refunding Bonds of the City to provide for the refunding in advance of their stated maturities and redemption of all or a portion of the outstanding Series 20068 Bonds, Series 2010A Bonds, Series 2010C Bonds, Series 2010D Bonds, Series 2012A Bonds, Series 2012C Bonds, Series 2013A Bonds, Series 2014A Bonds, Series 2015 Bonds and certain maturities of such other outstanding general obligation public improvement bonds, the refunding of which shall be recommended by the City's Financial Advisor (such bonds to be refunded in advance of their stated maturities being referred to hereinafter as the "Refunded Bonds'). Pursuant to Article 5 of the Public Finance Act of 1991, the City is authorized to issue refunding bonds to refund all or a portion of its outstanding bonds in advance of their stated maturities. In the judgment of this Council, it is necessary and expedient to authorize the issuance and sale of not to exceed Thirty -Five Million Dollars ($35,000,000.00) aggregate principal amount of General Obligation Public Improvement Refunding Bonds for the purpose of refunding all or a portion of the Refunded Bonds and paying the costs related to the issuance of such General Obligation Public Improvement Refunding Bonds. (a) Pursuant to the Public Finance Act of 1991, including in particular Title 15.2, Chapter 26, Article 5, Section 15.2 -2643 et seq., of the Code of Virginia, 1950, as amended, for the purpose of providing funds to refund the Refunded Bonds in advance of their stated maturities and to pay the costs of issuance of the Bonds (as defined herein), there are hereby authorized to be issued, sold and delivered in one or more series from time to time not to exceed Thirty -Five Million Dollars ($35,000,000) aggregate principal amount of general obligation refunding bonds of the City which shall be designated and known as "City of Roanoke, Virginia, General Obligation Public Improvement Refunding Bonds" (referred to herein as the "Bonds "). 256 (b) The Bonds shall be issued in their entirety at one time, or from time to time in part in series, as shall be determined by the Director of Finance. There shall be added to the designation of the Bonds a series designation determined by the Director of Finance. The Bonds shall be issued in fully registered form in the denomination of $5,000.00 each or any integral multiple thereof. The Bonds of a given series shall be numbered from No. R -1 upwards in order of issuance. The Bonds shall bear interest from their date payable on such date and semiannually thereafter as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. The Bonds shall be issued in such aggregate principal amount (not exceeding in the aggregate the principal amount specified in Section 2(a) hereof); and shall mature on such dates and in such years (but in no event exceeding forty (40) years from their date or dates), and in the principal amount in each such year, determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. Interest on the Bonds shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. (c) The Bonds (or portions thereof in installments of $5,000.00) may be made subject to redemption at the option of the City prior to their stated maturities, in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000.00 of such , maturity to be redeemed shall be selected by lot), upon payment of such redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof, as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. (d) (i) If any Bond (or any portion of the principal amount thereof in installments of $5,000.00) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the registered owner thereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty -fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest payable upon such redemption shall have been duly made or provided for, interest thereon shall cease to accrue from and after the date so specified for the redemption thereof. 257 (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. The full faith and credit of the City shall be and is irrevocably pledged to the punctual payment of the principal of and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, this Council is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and interest on the Bonds to the extent other funds of the City are not lawfully available and appropriated for such purpose. (a) The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signature of the Mayor of the City and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk of the City. (b) The Director of Finance is hereby authorized to appoint a Registrar and Paying Agent for the Bonds (the "Registrar"). (c) The Director of Finance shall direct the Registrar to authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on each Bond shall have been manually executed by an authorized signator of the Registrar. Upon the authentication of any Bonds the Registrar shall insert in the certificate of authentication the date as of which such Bonds are authenticated as follows: (i) if a Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such Bond is one, (ii) if a Bond is 258 authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date, (iii) if a Bond is authenticated after the fifteenth (15th) day of the calendar month next preceding an interest payment date and prior to such interest payment date, the certificate shall be dated as of such interest payment date and (iv) in all other instances the certificate shall be dated as of the interest payment date next preceding the date upon which the Bond is authenticated. In the event the dates on which interest is payable on the Bonds of any series are other than the first days of calendar months, the provisions of this Section 4(c) with regard to the authentication of such Bonds and of Section 10 with regard to the form of such Bonds shall be modified as the Director of Finance shall determine to be necessary or appropriate. (d) The execution and authentication of the Bonds in the manner above set forth is adopted as a due and sufficient authentication of the Bonds. (a) The principal of and interest on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts at the office of the Registrar. Interest on the Bonds shall be payable by check mailed by the Registrar to the registered owners of such Bonds at their respective addresses as such addresses appear on the books of registry kept pursuant to this Section 5; provided, however, that so long as the Bonds are in book -entry form and registered in the name of Cede & Co., as nominee of DTC, or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on the Bonds shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. (b) At all times during which any Bond of any series remains outstanding and unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its office for such purpose, the Registrar, under such reasonable regulations as it may prescribe, shall register, exchange or transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth. (c) The books of registry shall at all times be open for inspection by the City or any duly authorized officer thereof. (d) Any Bond may be exchanged at the office of the Registrar for such series of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums of the same series, interest rate and maturity. (e) Any Bond of any series may, in accordance with its terms, be transferred upon the books of registry by the person in whose name it is registered, in person or by his duly authorized agent, upon surrender of such Bond to the Registrar for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by his duly authorized attorney, in form satisfactory to the Registrar. 259 (f) All transfers or exchanges pursuant to this Section 5 shall be made without expense to the registered owners of such Bonds, except as otherwise herein provided, and except that the Registrar for such series of Bonds shall require the payment by the registered owner of the Bond requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 5 shall be cancelled. (g) (i) The Bonds shall be issued in full book -entry form. One Bond representing each maturity of each series of the Bonds will be issued to and registered in the name of Cede & Co., as nominee of DTC, or such other nominee of DTC as may be requested by an authorized representative of DTC, as registered owner of the Bonds, and each such Bond will be immobilized in the custody of DTC. DTC will act as securities depository for the Bonds. Individual purchases will be made in book -entry form only, in the principal amount of $5,000 or any integral multiple thereof. Purchasers will not receive physical delivery of certificates representing their interest in the Bonds purchased. (ii) Principal and interest payments on the Bonds will be made by the Registrar to DTC or its nominee, Cede & Co., or such other nominee of DTC as may be requested by an authorized representative of DTC, as registered owner of the Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal and interest payments to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC participants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in turn, by the DTC participants who act on behalf of the indirect participants of DTC and the beneficial owners of the Bonds. (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. (a) CUSIP identification numbers may be printed on the Bands, but no such number shall constitute a part of the contract evidenced by the particular Bond upon which it is printed; no liability shall attach to the City or any officer or agent thereof (including any paying agent for the Bonds) by reason of such numbers or any use made thereof (including any use thereof made by the City, any such officer or any such agent) or by reason of any inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or omission with respect to such numbers shall not constitute cause for failure or refusal by a purchaser of any Bonds to accept delivery of and pay for such Bonds. All expenses in connection with the assignment and printing of CUSIP numbers on the Bonds shall be paid by the initial purchasers of the Bonds. 260 (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. To the extent it shall be contemplated at the time of their issuance that the interest on any Bonds issued hereunder shall be excludable from gross income for purposes of federal income taxation, the City covenants and agrees to comply with the provisions of Sections 103 and 141 -150 of the Internal Revenue Code of 1986, as amended, and the applicable Treasury Regulations promulgated thereunder throughout the term of the Bonds. (a) Pursuant to the authority of and for the purposes specified herein, this Council hereby authorizes the City Manager and the Director of Finance, without further action of this Council, to sell the Bonds in one or more series in accordance with Section 2 at competitive or negotiated sale, on or before June 30, 2017, at a price not less than ninety -seven percent (97 %) of the aggregate principal amount of the Bonds, plus accrued interest, if any, from the date of the Bonds to the date of delivery thereof and payment therefor; provided, however, that a series of the Bonds may be sold, whether at competitive or negotiated sale, only if the refunding of the Refunded Bonds will result in net present value savings to the City of not less than three percent (3 %), based on the principal amount of the related Refunded Bonds, provided further that no net present value savings shall be required in connection with the sale of a series of the Bonds to be issued for the purpose of modifying the City's existing annual debt service structure. The Bonds may be issued as taxable or tax - exempt Bonds and shall bear interest at such rates per annum as shall be approved by the City Manager and the Director of Finance; provided, however, in no event shall the true interest rate for the Bonds of any series exceed five percent (5.00 %); and provided further in no event shall the premium payable by the City upon the redemption of the Bonds of any Series exceed two percent (2 %) of the principal amount thereof, except that any taxable Bonds issued may be subject to redemption at a redemption price that includes a make -whole premium, as may be determined by the City Manager and the Director of Finance at the time of sale of any such taxable Bonds. (b) If the Bonds are sold at competitive sale, they may be sold contemporaneously with other bonds of the City under a combined Official Notice of Sale. If the Bonds are sold at competitive sale, the Director of Finance is hereby authorized to cause to be published and disseminated (via electronic means or otherwise) an Official Notice of Sale of the Refunding Bonds in such form and containing such terms and conditions as the Director of Finance may deem advisable, subject to the provisions hereof. 261 (c) If the Bonds are sold at negotiated sale, the City Manager and the Director of Finance are hereby authorized to select the underwriters for the Bonds of each series (the "Underwriters ") and to sell the Bonds of each series at a negotiated sale to the Underwriters selected by the City Manager and the Director of Finance, and either or both of the City Manager and the Director of Finance are authorized to execute and deliver to the Underwriters one or more Bond Purchase Contracts relating to the sale of the Bonds by the City to such Underwriters. (d) The City Manager and the Director of Finance are hereby authorized to cause to be prepared and deliver to the purchasers of the Bonds a Preliminary Official Statement and a final Official Statement relating to the Bonds on or before the dates specified in the Bond Purchase Contract. The City Manager and the Director of Finance are hereby further authorized to certify that the Preliminary Official Statement for the Bonds authorized hereunder is "deemed final' for purposes of Rule 15c2 -12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended ('Rule 15c2 -12 "). The Mayor of the City is hereby authorized to execute the final Official Statement on behalf of the City. (e) The City Manager and the Director of Finance are hereby authorized to execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to the Bonds evidencing the City's undertaking to comply with the continuing disclosure requirements of Paragraph (b)(5) of Rule 15c2 -12 in such form as shall be approved by the City Manager and the Director of Finance upon advice of counsel (including the City Attorney or Bond Counsel), such approval to be conclusively evidenced by their execution and delivery thereof. (f) All actions and proceedings heretofore taken by this Council, the City Manager, the Director of Finance and the other officers, employees, agents and attorneys of and for the City in connection with the issuance and sale of the Bonds are hereby ratified and confirmed. (a) The City Manager and the Director of Finance are hereby authorized to enter into an Escrow Deposit Agreement in the form customarily entered into by the City in connection with advance refunding transactions providing for the redemption of the Refunded Bonds (the "Escrow Deposit Agreement') and to appoint an Escrow Agent to serve under the Escrow Deposit Agreement. The City Manager and the Director of Finance are hereby authorized to appoint a verification agent to verify the mathematical accuracy of computations relating to the Bonds and the Refunded Bonds. 262 (b) The City Manager and the Director of Finance, or either of them, are hereby authorized to execute, on behalf of the City, subscriptions or purchase agreements for the securities to be purchased by the Escrow Agent from moneys deposited in the Escrow Deposit Fund created and established under the Escrow Deposit Agreement. Such securities so purchased shall be held by the Escrow Agent under and in accordance with the provisions of the Escrow Deposit Agreement. The City Manager and the Director of Finance, or either of them, are hereby authorized to sell any securities held by the Escrow Agent under and in accordance with the provisions of the Escrow Deposit Agreement and to purchase securities in lieu of and in substitution therefor. (c) Subject to the sale and receipt of the proceeds of the Bonds, the City Manager and the Director of Finance are hereby authorized to designate the Refunded Bonds for redemption on such date or dates as they shall determine and are hereby further authorized to direct the Escrow Agent to cause notices of the redemption of the Refunded Bonds on such date or dates to be given in accordance with the provisions of the proceedings authorizing the issuance of the Refunded Bonds, The Bonds, the certificate of authentication of the Registrar, and the assignment endorsed on the Bonds, shall be substantially in the forms set forth in Exhibit A attached hereto. SECTION 11. The City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15.2 -2607 of the Code of Virginia, 1950, as amended (the same being the Public Finance Act of 1991, as amended). SECTION 12. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. EXHIBIT A UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BOND SERIES No. R- $ MATURITY DATE: INTEREST RATE: DATE OF BOND: CUSIP NO: REGISTERED OWNER: PRINCIPAL SUM: DOLLARS 263 KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the Commonwealth of Virginia (the "City "), for value received, acknowledges itself indebted and hereby promises to pay to the Registered Owner (named above), or registered assigns, on the Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall have been duly called for previous redemption and payment of the redemption price duly made or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum on and semiannually on each and thereafter (each such date is hereinafter referred to as an "interest payment date "), from the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case from such interest payment date, or unless such date of authentication is within the period from the sixteenth (16th) day to the last day of the calendar month next preceding the following interest payment date, in which case from such following interest payment date, such interest to be paid until the maturity or redemption hereof at the Interest Rate (specified above) per annum, by check mailed by the Paying Agent hereinafter mentioned to the Registered Owner in whose name this Bond is registered upon the books of registry, as of the close of business on the fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each interest payment date; provided, however, that so long as this Bond is in book -entry only form and registered in the name of Cede & Co., as nominee of The Depository Trust Company ( "DTC'), or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on this Bond shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. Interest on this Bond shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. The principal of this Bond is payable on presentation and surrender hereof at the office of , as the Registrar and Paying Agent, in the City of Principal of and interest on this Bond are payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for public and private debts. This Bond is one of a series of Bonds of like date, denomination and tenor except as to number, interest rate and maturity, and is issued for the purpose of providing funds to refund in advance of their stated maturities certain general obligation public improvement bonds heretofore issued by the City to pay the costs of public improvement projects of and for the City. This Bond is issued under and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter 26 of Title 15.2 of the Code of Virginia, 1950, as amended (the same being the Public Finance Act of 1991, as amended), and a resolution and other proceedings of the Council of the City duly adopted and taken under the Public Finance Act of 1991. 264 The Bonds of the series of which this Bond is one (or portions thereof in installments of $5,000.00) maturing on and after are subject to redemption at the option of the City prior to their stated maturities, on or after _, in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000.00 of such maturity to be redeemed shall be selected by lot), upon payment of a redemption price equal to the principal amount of the Bonds to be redeemed, together with the interest accrued thereon to the date fixed for the redemption thereof. The Bonds of the series of which this Bond is one maturing on are subject to mandatory sinking fund redemption on and on each _ thereafter and to payment at maturity on _ in the principal amounts in each year set forth below, in the case of redemption with the particular Bonds or Bonds or portions thereof to be redeemed to be selected by lot, upon payment of the principal amount of the Bonds to be redeemed, together with the interest accrued on the principal amount to be redeemed to the date fixed for the redemption thereof: Year Principal Amount The City, at its option, may credit against such mandatory sinking fund redemption requirement the principal amount of any Bonds maturing on which have been purchased and cancelled by the City or which have been redeemed and not theretofore applied as a credit against such mandatory sinking fund redemption requirement. If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of $5,000.00) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the Registered Owner hereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty -fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of this Bond (or the portion of the principal amount hereof to be redeemed) shall have been given as aforesaid, and payment of the principal amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued 265 interest payable upon such redemption shall have been duly made or provided for, interest hereon shall cease to accrue from and after the date so specified for the redemption hereof. Any notice of the optional redemption of this Bond may state that it is conditioned upon there being on deposit with the City on the date fixed for the redemption hereof an amount of money sufficient to pay the redemption price of this Bond, together with the interest accrued thereon to the date fixed for the redemption hereof, and any conditional notice so given may be rescinded at any time before the payment of the redemption price of this Bond, together with the interest accrued thereon, is due and payable if any such condition so specified is not satisfied. If a redemption of this Bond does not occur after a conditional notice is given due to there not being on deposit with the City a sufficient amount of money to pay the redemption price of this Bond, together with the interest accrued thereon to the date fixed for the redemption hereof, the corresponding notice of redemption shall be deemed to be revoked. Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, this Bond may be exchanged at the office of the Registrar for a like aggregate principal amount of Bonds of other authorized principal amounts and of the same series, interest rate and maturity. This Bond is transferable by the Registered Owner hereof, in person or by his attorney duly authorized in writing, on the books of registry kept by the Registrar for such purpose at the office of the Registrar but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same aggregate principal amount, series, interest rate and maturity as the Bond surrendered, will be issued to the transferee in exchange herefor. This Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by the Registrar. The full faith and credit of the City are irrevocably pledged to the punctual payment of the principal of and interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, the Council of the City is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay the principal of and interest on this Bond to the extent other funds of the City are not lawfully available and appropriated for such purpose. 266 It is certified, recited and declared that all acts, conditions and things required to exist, happen or be performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this Bond, together with all other indebtedness of the City does not exceed any limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of Virginia or the Charter of the City. IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or facsimile signature of its Mayor; a facsimile of the corporate seal of the City to be imprinted hereon attested by the manual or facsimile signature of the City Clerk of the City; and this Bond to be dated as of the date first above written. CITY OF ROANOKE, VIRGINIA Mayor [SEAL] Attest: City Clerk CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to the within - mentioned as 0 Authorized Signator Date of Authentication: ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code, of Transferee) 267 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. (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 ATTEST: X Stephanie M. Moon Reynolds, M C City Clerk � I/ v David B. Trinkle Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 161h day of May, 2016. No. 40511-051616. AN ORDINANCE to appropriate funding from the Federal Government and the Commonwealth grants 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: K19903 Appropriations 302- 000 - 0000 - 0000 -112K- 00000- 38027 -0 -00 5,000.00 Supplement 302 -120- 0000 - 0390 -112K- 61100 - 41129 -3 -02 $ 2,500.00 Supplement 302 - 120 - 0000 - 0400 -112K- 61100 - 41129 -3 -02 2,500.00 Coordinator 302-110-0000-0390-31 OK-61210-41138-3-00 250.00 Case Management 302 - 110 - 0000 - 0390 -310K- 61210 - 41128 -3 -00 300.00 Services FICA 302 - 110 - 0000 - 0390 -310K- 61210 - 42201 -3 -00 42.00 Travel 302 - 110 - 0000 - 0390 -310K- 61210 - 45550 -3 -00 500.00 Materials /Supplies 302 - 110 - 0000 - 0390 -310K- 61210 - 46001 -3 -00 1,000.00 Professional 302 - 110 - 0000 - 0390 -310K- 61210- 43313 -3 -00 408.00 Development School Coordinator 302 -110- 0000 - 0400 -310K- 61210 - 41138 -3 -00 250.00 Supplement School Data 302 - 110 - 0000 - 0400 -310K- 61210 - 41128 -3 -00 300.00 Coordinator Supplement FICA 302 - 110 - 0000 - 0400 -310K- 61210 - 42201 -3 -00 42.00 Travel 302 - 110 - 0000 - 0400 -310K- 61210 - 45550 -3 -00 500.00 Materials /Supplies 302 - 110 - 0000 - 0400 -310K- 61210- 46001 -3 -00 1,000.00 Professional 302 - 110 - 0000 - 0400 -310K- 61210 - 43313 -3 -00 408.00 Development Capital Outlay 302 - 251 - 0000 - 0070 -745K- 64200- 48821 -2 -00 2,000.00 Additions Machinery & Equipment 0.5 FTE 302 - 120 - 0000 - 1050 -330K- 61410 - 41151 -9 -09 7,896.00 Administrative Support Revenues Federal Grant 302- 000 - 0000 - 0000 -112K- 00000- 38027 -0 -00 5,000.00 Receipts State Grant 302 - 000 - 0000 - 0000 -310K- 00000 - 32461 -0 -00 5,000.00 Receipts Local /Other 302 - 000 - 0000 - 0000 -745K- 00000 - 33815 -0 -00 2,000.00 Revenue State Grant 302 - 000 - 0000 - 0000 -330K- 00000 - 32418 -0 -00 7,896.00 Receipts 269 Pursuant 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 s'MM ADavirinkle City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 161" day of May 2016. No. 40512-051616. AN ORDINANCE to adopt an amendment to the 2015 - 2016 School Board Categorical Budget, amending and reordaining certain sections of the School General, School Food Service and School Athletics Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2015 - 2016 School General, School Food Service and School Athletics Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: School General Fund Interfund Transfer to Athletics $ 50,000.00 City Fund Revenue 1,226,000.00 Fund Balance 1,176,000.00 School Food Services Fund Appropriations 1,000,000.00 Revenues 1,000,000.00 School Athletics Fund Appropriations 100,000.00 Revenues 50,000.00 Interfund Transfer from General Fund 50,000.00 270 Pursuant 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.,�.��� Stephanie M. Moon Reynol�ds, MM David B. Trinkle City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16" day of May, 2016. No. 40513 - 051616. A RESOLUTION supporting roll on /roll off accommodations for bicycles on Amtrak passenger rail service to Roanoke. WHEREAS, the City of Roanoke is a Bicycle Friendly Community as designated by the League of American Bicyclists; WHEREAS, the Downtown Roanoke Intermodal Transportation Study identifies the different modes of transportation and forms of vehicle, pedestrian, and bicycle access that should be accommodated with an intermodal transportation facility; WHEREAS, the 2012 Bikeway Plan for the Roanoke Valley Area Metropolitan Planning Organization represents a coordinated effort by the Roanoke Valley Transportation Planning Organization and local jurisdictions to facilitate development of a regional transportation network that accommodates and encourages bicycling as an alternative mode of travel; WHEREAS, the 2014 Livable Roanoke Valley Plan emphasizes non- motorized transportation, such as bicycling, as a way to achieve both transportation and public health goals at the same time; WHEREAS, Amtrak passenger rail service is anticipated to return to Roanoke in 2017: and WHEREAS, including roll on /roll off bicycle accommodations when rail service is extended to Roanoke would encourage the use of bicycles by Amtrak rail passengers and encourage bicycle transportation and tourism. �� 271 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it supports roll on /roll off accommodations for bicycles and encourages the Commonwealth of Virginia Department of Rail and Public Transportation to work with Amtrak to facilitate the implementation of roll on /roll off bicycle accommodations when passenger rail service is extended to Roanoke. APPROVED ATTEST: Stephanie M. Moon Reynolds, C U 4Da B. Trinkle City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16" day of May, 2016. No. 40514 - 051616. AN ORDINANCE to rezone certain properties located at 3659 and 3675 Orange Avenue, N. E., by repealing proffered conditions presently binding upon such properties and proffering new conditions; and dispensing with the second reading of this ordinance by title. WHEREAS, Victor F. Foti, as president of Viamac, Inc. ( "Viamac "), and as member of 3675 Orange Avenue, LLC ( "LLC'), made a joint application to the Council of the City of Roanoke, Virginia ( "City Council'), to repeal certain conditions presently binding upon (i) certain property located at 3659 Orange Avenue, N. E., bearing Official Tax Map No. 7110122 (the "Viamac Property "), and (ii) certain property located at 3675 Orange Avenue, N. E., bearing Official Tax Map No. 7110106 (the "LLC Property "), which Viamac Property and the LLC Property are zoned CG, Commercial - General District, with proffers, such proffers being accepted by the adoption of Ordinance No. 36712- 060704, adopted on June 7, 2004, and Ordinance No. 30727- 102191, adopted on October 21, 1991, and replacing them with new proffers; 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; 272 WHEREAS, a public hearing was held by City Council on such application at its meeting on May 16, 2016, after due and timely notice thereof as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the repeal of the proffers applicable to the subject properties and replacing them with certain new proffers, and is of the opinion that the conditions now binding upon certain properties located at 3659 and 3675 Orange Avenue, N. E., being designated as Official Tax Map Nos. 7110122 and 7110106, respectively, should be repealed and replaced with new proffers as requested, and that such properties be zoned CG, Commercial - General District, with proffers as set forth in the Zoning Amendment Amended Application No. 1 dated April 18, 2016. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the repeal of the proffered conditions currently applicable to the Viamac Property and the LLC Property and the replacement of the same by the proffered conditions set forth in the Zoning Amendment Amended Application No. 1 dated April 18, 2016, so that the subject properties are zoned CG, Commercial - General District, with such proffers. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Re no s M David A. Bowers City Clerk Mayor 273 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16" day of May, 2016. No. 40515-051616. AN ORDINANCE exempting from personal property taxation certain personal property located in the City of Roanoke and owned by Local Environmental Agriculture Project, Inc., (LEAP), 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, LEAP, (hereinafter "the Applicant "), has petitioned this Council to exempt certain personal property of the Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on May 16, 2016; WHEREAS, the provisions of subsection B of Section 58.1 -3651, Code of Virginia (1950), as amended, have been examined and considered by Council; WHEREAS, the provisions of subsection C of Section 58.1 -3651, Code of Virginia (1950), as amended have been satisfied with respect to exemption of personal property by classification; and WHEREAS, the Applicant agrees that the personal property to be exempt from taxation is a 2006 Ford van and a 2010 Victory Trailer, and such other after acquired personal property, which shall be used by the Applicant exclusively for charitable or benevolent purposes on a non - profit basis. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council classifies and designates Local Environmental Agriculture Project, Inc., (LEAP), as a charitable, religious, or benevolent organization within the context of Section 6(a)(6) of Article X of the Constitution of Virginia, and hereby exempts from personal property taxation current personal property and any future personal property acquired and owned by the Applicant, which property is used exclusively for charitable or benevolent purposes on a non - profit basis; continuance of this exemption shall be contingent on the continued use of the personal property in accordance with the purposes which the Applicant has designated or classified in its application. 274 2. This Ordinance shall be in full force and effect on July 1, 2016. 3. The City Clerk is directed to forward an attested copy of this Ordinance to the Commissioner of the Revenue, the City Treasurer, and to Maureen McNamara Best, Executive Director, Local Environmental Agriculture Project, Inc. 4. Pursuant to the provision of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16" day of May, 2016. No. 40516-051616. AN ORDINANCE exempting from personal property taxation certain personal property located in the City of Roanoke and owned by Blue Ridge Land Conservancy, 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, Blue Ridge Land Conservancy, (hereinafter "the Applicant "), has petitioned this Council to exempt certain personal property of the Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on May 16, 2016; WHEREAS, the provisions of subsection B of Section 58.1 -3651, Code of Virginia (1950), as amended, have been examined and considered by Council; 275 WHEREAS, the provisions of subsection C of Section 58.1 -3651, Code of Virginia (1950), as amended have been satisfied with respect to exemption of personal property by classification; and WHEREAS, the Applicant agrees that the personal property to be exempt from taxation is a 2007 Toyota Prius and such other after acquired personal property, which shall be used by the Applicant exclusively for charitable or benevolent purposes on a non- profit basis. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council classifies and designates Blue Ridge Land Conservancy, as a charitable, religious, or benevolent organization within the context of Section 6(a)(6) of Article X of the Constitution of Virginia, and hereby exempts from personal property taxation current personal property and any future personal property acquired and owned by the Applicant, which property is used exclusively for charitable or benevolent purposes on a non - profit basis; continuance of this exemption shall be contingent on the continued use of the personal property in accordance with the purposes which the Applicant has designated or classified in its application. 2. This Ordinance shall be in full force and effect on July 1, 2016. 3. The City Clerk is directed to forward an attested copy of this Ordinance to the Commissioner of the Revenue, the City Treasurer, and to David C. Perry, Executive Director, Blue Ridge Land Conservancy. 4. Pursuant to the provision of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: rn. t(L Stephanie M. Moon Reynol MM David A. owers City Clerk Mayor 276 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16" day of May, 2016. No. 40517-051616. AN ORDINANCE authorizing the City Manager to execute a lease agreement with Jared Green and Donna Green ( "Green'), for the lease of approximately 3.6 acres of City -owned property being a portion of City -owned property located at 5401 Barns Avenue, N. W., Roanoke, Virginia, designated as Roanoke City Official Tax Map No. 6610101; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on May 16, 2016, 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 a lease agreement with Green to lease approximately 3.6 acres of City -owned property being a portion of City -owned property located at 5401 Barns Avenue, N. W., Roanoke, Virginia, designated as Roanoke City Official Tax Map No. 6610101, to be used by Green for agricultural purposes, for an initial term of one year commencing June 1, 2016, and ending on May 31, 2017, subject to four (4) one year renewal terms upon the mutual agreement of the parties at an annual rental of $100.00 per year, upon certain terms and conditions, and as more particularly described in the City Council Agenda Report dated May 16, 2016. The lease shall be in a form approved by the City Attorney and substantially similar to the lease attached to such City Council Agenda Report. 2. Pursuant to Section 12, Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reyno MM City Clerk David A. Bowers Mayor 277 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16'" day of May 2016. No. 40518- 051616. AN ORDINANCE authorizing the conveyance of a permanent sewer line easement and a temporary construction easement, both with an approximate width of twenty (20) feet and collectively encumbering approximately 15,600 square feet, over, across, and under City -owned property, located along Reserve Avenue, S. W., Roanoke, Virginia, designated as Roanoke Official Tax Map No. 1040202, to the Western Virginia Water Authority ( "Authority "), upon certain terms and conditions; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of the City, to execute the necessary documents providing for the conveyance of a permanent sewer line easement and a temporary construction easement, both with an approximate width of twenty (20) feet and collectively encumbering approximately 15,600 square feet, over, across, and under City -owned property, located along Reserve Avenue, S. W., Roanoke, Virginia, designated as Roanoke Official Tax Map No. 1040202, to the Authority, for the installation, maintenance, and operation of a sewer line to relocate an existing 8" sewer main that will be impacted by the Franklin Road bridge replacement, and to connect such sewer main to the existing sewer main located on the property, as more particularly set forth in the City Council Agenda Report dated May 16, 2016. 2. All documents necessary for this conveyance shall be in a form approved by the City Attorney. 3. Pursuant to Section 12, Roanoke City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: �h_ � Stephanie M. Moon ReynoldVMMC David A. Bowers City Clerk Mayor 278 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16'" day of May, 2016. No. 40519-051616. A RESOLUTION authorizing the City Manager's issuance and execution of a Downtown Service District Services Agreement ( "Agreement') between the City of Roanoke ( "City ") and Downtown Roanoke, Incorporated ('DRI ") to continue to provide services within the Downtown Service District; 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 Agreement. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of the City, to issue and execute an Agreement between the City and DRI for continued administration of the Downtown Service District, by providing for business development activity and other additional services that are not provided uniformly throughout the City, pursuant to Section 15.2 -2403, of the Code of Virginia (1950) as amended. The agreement shall be made at the same tax imposed rate as the current agreement ($.10 per $100.00 valuation of real estate) for an initial term of one year, subject to nine additional one year extensions thereafter, commencing July 1, 2016, and upon the same terms and conditions as the City's current agreement with DRI, all as more fully set forth in the City Council Agenda Report dated May 16, 2016. 2. The form of such Agreement shall be approved by the City Attorney. 3. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of the Agreement with DRI. APPROVED ATTEST: yy Stephanie M. Moon Reynol s, MC David A. Bowers City Clerk Mayor 279 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 161" day of May, 2016. No. 40520 - 051616. A RESOLUTION authorizing the City Managers issuance and execution of a Williamson Road Area Service District Services Agreement ( "Agreement ") between the City of Roanoke ( "City') and Williamson Road Area Business Association, Inc. ( "WRABA "), to continue to provide services within the Williamson Road Area Service District; 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 Agreement. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of the City, to issue and execute an Agreement between the City and WRABA for continued administration of the Williamson Road Area Service District, by providing for business development activity and other additional services that are not provided uniformly throughout the City, pursuant to Section 15.2 -2403, of the Code of Virginia (1950) as amended. The Agreement shall be made at the same tax imposed rate as the current agreement ($10 per $100.00 valuation of real estate) for an initial term of one year, subject to nine additional one year extensions thereafter, commencing July 1, 2016, subject to termination by either the City or WRABA as set forth in the Agreement, and upon the same terms and conditions as the City's current agreement with WRABA, all as more fully set forth in the City Council Agenda Report dated May 16, 2016. 2. The form of such Agreement shall be approved by the City Attorney. 3. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of the Agreement with WRABA. APPROVED ATTEST: ` " Ste � �C ""-'D Xowelr`s� Stephanie M. Moon Reynolds, MC avi City Clerk Mayor O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 61" day of June, 2016. No. 40521-060616. A RESOLUTION memorializing the late Wesley V. Hillman, a Roanoke native and longtime resident. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Hillman on Friday, April 22, 2016, WHEREAS, Mr. Hillman began his love and interest in flying at the age of 11 and frequented the hangars at the airport in Roanoke, WHEREAS, Mr. Hillman received his pilot's license before he had a driver's license and, by age 15, had flown solo; WHEREAS, while still a student at Jefferson High School, Mr. Hillman became the youngest flight instructor in the country at the age of 17; .-. WHEREAS, Mr. Hillman served in the U.S. Navy during World War II as a Navy Flight Instructor at Woodrum Airport; WHEREAS, Mr. Hillman was a founding member of the volunteer Civil Air Patrol and served as squadron commander in the Civil Air Patrol, an important contributor to the country's efforts in WWII and whose volunteers carried out 86,000 missions spotting submarines, escorting supply convoys, and aiding in search and rescue operations; WHEREAS, after the war, Mr. Hillman worked as a freelance flight instructor, then as a pilot for France Flying Services in Roanoke; WHEREAS, Mr. Hillman served as an FAA Flight Examiner for the Commonwealth of Virginia, and was an early member of QB (Quite Bird Men) Flying Fraternity Roanoke Chapter; WHEREAS, during his lifetime, Mr. Hillman logged more than 30,000 flight hours; WHEREAS, in 1978, Mr. Hillman was one of the original inductees into the Virginia Aviation Hall of Fame and, in 2012, Mr. Hillman was recognized by the Virginia Museum of Transportation in the Aviation Wing of the gallery, 281 WHEREAS, in 1999, the Federal Aviation Administration's Eastern division presented the Mr. Hillman with a Certificate of Appreciation for "pioneering and lifelong contributions to the development and growth of aviation in the Commonwealth of Virginia;" WHEREAS, Mr. Hillman was awarded the Congressional Gold Medal in February 2015; and WHEREAS, Mr. Hillman was deeply involved in the First Baptist Church of Roanoke, and served as a member of the Communion Committee and as a greeter. 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 Wesley V. Hillman, extending to his family its sincerest condolences, and recognizing the indelible legacy he left to Roanoke and his fellow citizens. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Hillman's daughter, Melinda Stewart, of Durham, North Carolina. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC Davi AA. owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 61" day of June, 2016. No. 40522-060616. A RESOLUTION authorizing the acceptance of a Summer Food Program Grant from the Virginia Department of Health, and authorizing execution and attestation 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: I AL CJ • 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 fund partially the expense of providing for the nutritional needs of children and youth during the summer months through the City's Summer Nutrition Program, all of which is more particularly described in the City Council Agenda Report dated May 16, 2016, to City Council. 2. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, for and on behalf of the City, any and all requisite documents pertaining to the City's acceptance of the grant, such documents to be approved as to form by the City Attorney, and to furnish such additional information as may be required by the Virginia Department of Health in connection with the grant. 3. The City Manager is further authorized to take any further actions, and to execute any additional documents, approved as to form by the City Attorney, needed to implement and administer the Summer Food Program Grant. APPROVED ATTEST: Stephanie M. Moon tdNMMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 61" day of June, 2016. No. 40523- 060616. 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 2015 - 2016 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 283 BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2015 - 2016 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Youth Activities 35- 620 -5278 -2157 $100,000.00 Revenues Summer Food Program FY17 35- 620 -5278 -5278 100,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reynol MC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6" day of June, 2016. No. 40524 - 060616. A RESOLUTION authorizing acceptance of certain grants from the United States Department of Housing and Urban Development (HUD) for entitlement funding for the 2016 - 2017 fiscal year consisting of the Community Development Block Grant (CDBG), the HOME Investment Partnerships Program (HOME) Grant, and the Emergency Solutions Grant (ESG), such grants to be used in connection with the 2016 - 2017 HUD Action Plan previously approved by City Council; 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 2016 - 2017 fiscal year from HUD, with no local match required from the City of Roanoke, in the following amounts: (1) CDBG entitlement funding in the amount of $1,529,060.00, (2) HOME entitlement funding in the amount of $450,917.00 and (3) ESG entitlement funding in the amount of $138,286.00. The aforementioned funding • shall be used for the purpose of providing a variety of activities ranging from housing, community and economic development, and supportive programs for homelessness -� prevention and rapid rehousing, in connection with the 2016 - 2017 HUD Action Plan previously authorized by City Council pursuant to Resolution No. 40500- 050916, as more particularly described in the City Council Agenda Report dated June 6, 2016, 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 ATTEST: m R IL Stephanie M. Moon Reynolds, MIMIC Dwer City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 61" day of June, 2016. No. 40525- 060616. 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 2016 - 2017 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 2016 - 2017 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations HOME — Available to Commit (carry over) HOME — Regular Employee Salaries HOME — City Retirement HOME - 401 H Health Savings HOME - FICA HOME — Medical Insurance HOME — Dental Insurance 35- 090- 5394 -5660 (175,000.00) 35- 090 - 5397 -1002 21,944.00 35- 090 - 5397 -1105 3,467.00 35- 090 -5397 -1117 220.00 35- 090 - 5397 -1120 1,679.00 35 -090- 5397 -1125 2,419.00 35- 090 -5397 -1126 140.00 285 HOME — Life Insurance 35- 090 -5397 -1130 287.00 HOME — Disability Insurance 35- 090 -5397 -1131 61.00 HOME — Fees for Professional Services 35- 090 - 5397 -2010 3,000.00 HOME — Administrative Supplies 35- 090 - 5397 -2030 300.00 HOME — Training and Development 35- 090 -5397 -2044 3,809.00 HOME — Postage 35- 090 - 5397 -2160 150.00 HOME — DoT Billings 35- 090 - 5397 -7005 1,000.00 HOME — West End New Home Ownership 35- 090 -5397 -5607 587,441.00 Habitat ESG — Regular Employee Salaries 35 -E17- 5287 -1002 2,067.00 ESG — City Retirement 35 -E17- 5287 -1105 327.00 ESG — 401 H Health Savings 35 -E17- 5287 -1117 20.00 ESG — FICA 35 -E17- 5287 -1120 158.00 ESG — Medical Insurance 35 -E17 -5287 -1125 302.00 ESG — Dental Insurance 35 -E17- 5287 -1126 18.00 ESG — Life Insurance 35 -E17 -5287 -1130 27.00 ESG — Disability Insurance 35 -E17- 5287 -1131 6.00 ESG — Fees for Professional Services 35 -E17 -5287 -2010 3,989.00 ESG — ARCH (Trust House) 35 -E17 -5287 -5650 38,029.00 ESG — Council of Community Services 35 -E17- 5287 -5618 63,843.00 ESG — Family Promise 35 -E17- 5287 -5644 29,500.00 CDBG — Available to Commit (carry over) 35 -G15- 1519 -5661 (55,309.00) CDBG — Available to Commit (carry over) 35 -G16- 1620 -5660 (444,691.00) CDBG — Empowering Individuals with 35 -G17- 1719 -5057 108,189.00 Disabilities CDBG — Demolition 35 -G17- 1719 -5108 25,000.00 CDBG — Mortgage Assistance Program 35 -G17- 1719 -5399 100,000.00 CDBG — Emergency Home Repair TAP 35 -G17- 1719 -5470 103,411.00 CDBG — World Changers 35 -G17- 1719 -5486 75,000.00 CDBG — New Home Ownership 35 -G17- 1720 -5647 379,559.00 CDBG — Owner Occupied Rehab 35 -G17- 1720 -5648 85,000.00. CDBG — Infrastructure Improvements 35- G17- 1720 -5649 250,000.00 CDBG - Neighborhood Development 35- G17- 1720 -5642 287,000.00 CDBG — Regular Employee Salaries 35- G17- 1722 -1002 131,411.00 CDBG — City Retirement 35 -G17- 1722 -1105 20,763.00 CDBG — 401 H Health Savings 35 -G17- 1722 -1117 1,314.00 CDBG - FICA 35 -G17- 1722 -1120 10,053.00 CDBG — Medical Insurance 35 -G17- 1722 -1125 15,422.00 CDBG — Dental Insurance 35 -1317- 1722 -1126 89100 CDBG — Life Insurance 35 -G17- 1722 -1130 1,721.00 CDBG — Disability Insurance 35 -G17- 1722 -1131 368.00 CDBG — Fees for Professional Services 35 -G17- 1722 -2010 19,015.00 we CDBG — Advertising 35 -G17- 1722 -2015 5,000.00 CDBG — Telephone 35 -G17- 1722 -2020 1,500.00 CDBG — Administrative Supplies 35 -G17- 1722 -2030 5,000.00 CDBG — Expendable Equipment ( >$5000) 35 -G17- 1722 -2035 5,000.00 CDBG — Dues and Membership 35- G17- 1722 -2042 1,194.00 CDBG — Training and Development 35- G17- 1722 -2044 15,952.00 CDBG — Local Mileage 35 -G17- 1722 -2046 500.00 CDBG — Printing 35 -G17- 1722 -2075 2,000.00 CDBG — Postage 35 -G17- 1722 -2160 1,000.00 CDBG — DoT Billings 35 -G17- 1722 -7005 2,000.00 CDBG — Risk Management 35 -G17- 1722 -7017 500.00 CDBG — Records Management 35 -G17- 1722 -2082 1,000.00 CDBG — Xerox Lease 35 -G17- 1722 -3045 1,250.00 CDBG — Regular Employee Salaries 35 -G17- 1723 -1002 113,971.00 CDBG — City Retirement 35 -G17- 1723 -1105 17,779.00 CDBG — 401H Health Savings 35 -G17- 1723 -1117 1,140.00 CDBG - FICA 35 -G17- 1723 -1120 8,704.00 CDBG — Medical Insurance 35 -G17- 1723 -1125 6,000.00 CDBG — Dental Insurance 35 -G17- 1723 -1126 1,000.00 CDBG — Life Insurance 35 -G17- 1723 -1130 1,356.00. CDBG — Disability Insurance 35 -G17- 1723 -1131 50.00 CDBG — Regular Employee Salaries 35 -G17- 1739 -1002 36,891.00 CDBG — City Retirement 35 -G17- 1739 -1105 5,833.00 CDBG — 401 H Health Savings 35 -G17- 1739 -1117 369.00 CDBG — FICA 35 -G17- 1739 -1120 2,822.00 CDBG — Dental Insurance 35 -G17- 1739 -1126 350.00 CDBG — Life Insurance 35 -G17- 1739 -1130 483.00 CDBG — Disability Insurance 35- G17- 1739 -1131 103.00 CDBG — Telephone - Cellular 35 -G17- 1739 -2021 400.00 CDBG — Local Mileage 35 -G17- 1739 -2046 694.00 CDBG — Other Rental 35 -G17- 1739 -3075 3,600.00 CDBG — Apple Ridge Farm 35 -G17- 1739 -5084 30,000.00 CDBG — Child Health Investment 35 -G17- 1739 -5556 34,500.00 Partnership CDBG — Children's Trust 35 -G17- 1739 -5569 27,000.00 CDBG — Home Stabilization for Families in 35 -G17- 1739 -5604 50,000.00 Need CDBG — Training and Development 35 -G17- 1744 -2044 2,150.00 CDBG — Neighborhood Development 35- G17- 1744 -5642 27,850.00 Revenues HOME Entitlement FY16 35- 090 - 5394 -5394 (175,000.00) HOME Entitlement FYI 35- 090- 5397 -5397 625,917.00 287 ESG Entitlement FY17 35 -E17- 5287 -5287 138,286.00 CDBG Entitlement FY15 35 -G15 -1500 -3501 (55,309.00) CDBG Entitlement FY16 35 -G16- 1600 -3601 (444,691.00) CDBG Entitlement FY17 35 -G17- 1700 -3701 2,029,060.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. E • _ t ATTEST: Stephanie M. Moon Reynolds, MIMIC �� A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6x day of June, 2016. No. 40526- 060616. 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 ( "VDHCD ") in the amount of $93,647.00; 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 Memorandums 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 VDHCD in the amount of $93,647.00, with a local in -kind match in the amount of $15,000.00 to be provided by the City for the Central Intake program, a local in -kind match in the amount of $9,000.00 to be provided by Safehome Systems, Inc., and a local in -kind match in the amount of $7,976.00 to be provided by the Council of Community Services, such proceeds to be used during the term of the Grant, beginning July 1, 2016, and ending June 30, 2017, all as more particularly set forth in the City Council Agenda Report dated June 6, 2016. 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. 3. The City Manager is hereby authorized to execute and file, on behalf of the City, the Grant agreement with the VDHCD and all necessary documents required to accept the Grant, including Memorandums 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 R olds, MC Da A;w"er,� City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 61" day of June, 2016. No. 40527-060616. 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 2016 - 2017 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 2016 - 2017 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 H Health Savings Match FICA Medical Insurance 35- 630 - 5407 -1002 $37,075.00 35- 630 - 5407 -1105 5,862.00 35- 630 -5407 -1117 371.00 35- 630 - 5407 -1120 2,836.00 35- 630 - 5407 -1125 6,048.00 • • Dental Insurance 35- 630- 5407 -1126 350.00 Life Insurance 35- 630 -5407 -1130 486.00 Disability Insurance 35- 630 - 5407 -1131 104.00 Telephone 35- 630 -5407 -2020 400.00 Training and Development 35- 630 - 5407 -2044 800.00 Program Activities 35- 630 - 5407 -2066 1,447.00 Printing 35- 630 -5407 -2075 300.00 Postage 35- 630 - 5407 -2160 100.00 Project Supplies 35- 630 - 5407 -3005 2,143.00 Council of Community Services 35- 630 -5407 -5618 27,504.00 Safehome Systems 35- 630 -5407 -5646 7,821.00 Revenues VA Homeless Solutions FYI 35- 630 - 5407 -5407 93,647.000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6� day of June, 2016. No. 40528-060616. A RESOLUTION approving 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 2016 - 2017, 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. 290 WHEREAS, the Fiscal Year 2016 - 2017 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 $618,479.00 were received by the Board from twenty -nine (29) 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 2016 - 2017; 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 approves the recommendations of the Human Services Advisory Board as to the allocations for funding to the various qualified agencies for Fiscal Year 2016 - 2017 as more particularly set forth in the City Council Agenda Report dated June 6, 2016, 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, such contract to be approved as to form by the City Attorney. APPROVED ATTEST: Q��7y�" �� //�)J /� 'Stephanie on Re Ids"MMC� � David A. Bov,�ew�r- City Clerk Mayor 291 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6" day of June, 2016. No. 40529-060616. AN ORDINANCE to transfer funding to specific Human Services Committee agencies, amending and reordaining certain sections of the 2016 - 2017 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 2016 - 2017 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows, in part: Appropriations Subsidies 01- 630 -5220 -3700 (409,052.00) Bradley Free Clinic - Medical 01- 630 -5220 -3721 15,000.00 League of Older Americans — Meals on 01- 630 -5220 -3722 35,000.00 Wheels Bethany Hall- Residential Substance 01- 630 -5220 -3728 10,000.00 Abuse Treatment Blue Ridge Literacy — English for Other 01- 630 -5220 -3990 10,000.00 Languages West End Center — After School Program 01- 630 -5220 -3745 25,000.00 Carillon Medical Center— School Based 01- 630 -5220 -3767 20,000.00 Adolescent Health Clinics Greenvale School — Early Education 01- 630 - 5220 -3780 18,000.00 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 18,000.00 Presbyterian Community Center 01- 630 -5220 -3801 15,000.00 Children's Trust — Children First Child 01- 630 - 5220 -3915 11,500.00 Abuse Prevention Children's Trust - Children's Advocacy 01- 630 - 5220 -3918 12,000.00 Center Family Service of Roanoke Valley— 01- 630 - 5220 -3919 21,300.00 Taking ACTION Together Family Service — Family R Individual 01- 630 -5220 -3921 5,000.00 Counseling Family Service - Adults Plus 01- 630 - 5220 -3922 12,600.00 Blue Ridge Legal Services 01- 630 - 5220 -3923 21,414.00 292 Big Brothers /Big Sisters — Community and 5,488.00 Site Based Mentoring 01- 630 - 5220 -3925 Family Promise — Case Management: 7,500.00 Homeless Families 01- 630 - 5220 -3927 CHIP - Family Strengthening Program 01- 630 -5220 -3932 15,000.00 CHIP —Care Coordination Program 01- 630 - 5220 -3933 15,000.00 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 — 15,000.00 School Readiness Collaboration 01- 630 - 5220 -3972 Council of Community Services — Blue 6,000.00 Ridge Community Assistance Network 01- 630 - 5220 -3991 New Horizons Healthcare — Dental Care 01- 630 - 5220 -5455 20,000.00 Children's Trust— Special Advocates 01- 630 -5220 -3775 5,000.00 Boys and Girls Club — Project Learn 01- 630 -5220 -3928 8,000.00 Family Promise of Greater Roanoke- 5,000.00 Housing Stability and Aftercare 01- 630 - 5220 -3927 YMCA of Roanoke Valley — Read and 5,000.00 Feed 01- 630 - 5220 -3708 Children's Trust — Conflict Resolution 01- 630 -5220 -5569 5,000.00 Goodwill Industries — Good guides Youth 01- 630 - 5220 -3926 5,000.00 to Work Roanoke Valley Speech and Hearing — 5,000.00 Speech and Language Therapy 01- 630 - 5220 -3738 Pursuant 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 Stephaniee M. Moon Reyn d , -5 IL Q1 av A City Clerk Mayor 293 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6 °i day of June, 2016. No. 40530- 060616. 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 2016 - 2017. WHEREAS, the Fiscal Year 2016 - 2017 budget approved by City Council for the Roanoke Arts Commission provides for funding in the amount of $269,220.00, including $1,720.00 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 $412,925.00 were received by the Committee from nineteen (19) 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 2016 - 2017, subject to City Council approval. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke thatCouncil concurs with and approves the recommendations of the Roanoke Arts Commission's allocations for funding in the amount of $269,220.00 for various nonprofit agencies for Fiscal Year 2016 - 2017 and the Arts Commission, as more particularly set forth in the City Council Agenda Report dated June 6, 2016, to Council, and the attachment to that report. APPROVED ATTEST: Stephanie M. Moon Reynblds, MMC David A. Bowers City Clerk Mayor MAYA] IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'" day of June, 2016. No. 40531-060616. AN ORDINANCE to transfer funding to specific Art Commission agencies, amending and reordaining certain sections of the 2016 - 2017 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 2016 - 2017 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 20,000.00 Center in the Square 01- 310 - 5221 -3706 4,500.00 Virginia Museum of Transportation 01- 310 -5221 -3714 24,000.00 Roanoke Symphony Orchestra 01- 310 -5221 -3736 32,000.00 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 15,000.00 Historical Society of Western VA 01- 310 - 5221 -3776 12,000.00 Roanoke Ballet Theatre 01- 310 - 5221 -3779 4,500.00 Southwest Virginia Ballet 01- 310 - 5221 -3794 10,000.00 Taubman Museum of Art 01- 310 - 5221 -3910 24,000.00 Harrison Museum /African- American 01- 310 -5221 -3913 20,000.00 Culture Jefferson Center Foundation LTD 01- 310 - 5221 -3944 30,000.00 Roanoke Arts Commission 01- 310 -5221 -3961 1,720.00 Grandin Theatre Foundation 01- 310 - 5221 -3973 15,500.00 Eleanor D. Wilson Museum 01- 310 - 5221 -3975 6,000.00 Roanoke Children's Theatre 01- 310 - 5221 -3984 10,000.00 295 Pursuant 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 June, 2016. No. 40532-060616. A RESOLUTION accepting the donation of funds from the Civitan Chesapeake District Foundation and the Civitan Club of Roanoke to assist with the Smith Park playground replacement process; authorizing the City Manager to take such further actions and execute all documents as may be necessary to obtain, accept, implement, administer such donation; and expressing the City's appreciation for such donation. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council hereby accepts the donation from the Civitan Chesapeake District Foundation of $25,000.00 and the donation from the Civitan Club of Roanoke of $10,000.00.00 to the City, in accordance with the recommendation contained in the City Council Agenda Report dated June 6, 2016. 2. The City Manager is hereby authorized to take such further actions and execute all necessary documents as may be necessary to obtain, accept, implement, administer, and use such donation, with any such documents being approved as to form by the City Attorney. 3. This Council wishes to express its appreciation and that of the citizens of the City of Roanoke to the Civitan Chesapeake District Foundation and the Civitan Club of Roanoke for their generous donations to assist with the Smith Park playground replacement process as described above. 296 4. The City Clerk is directed to transmit a copy of this Resolution to the Civitan Chesapeake District Foundation and the Civitan Club of Roanoke, expressing the City's appreciation for its donation. APPROVED ATTEST: Stephanie M. Moon Reynol MM David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'" day of June, 2016. No. 40533-060616. AN ORDINANCE to appropriate funding from Civitan Club of Roanoke to the Smith Park Playground Replacement 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 Third Party Revenues Civitan Club Donation for Smith Park Playground Replacement FY16 08- 620 - 9447 -9004 $35,000.00 08- 620 - 9447 -9447 35,000.00 297 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED /\11X.91 m. I 20? Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6" day of June, 2016. No. 40534-060616. AN ORDINANCE amending Section 14.1 -1, Definitions, of Article I, In General, of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, to provide for the proper collection of refuse as set forth below; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 14.1 -1, Definitions, of Article I, In General, of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, to read and provide as follows: Sec. 14.1 -1. Definitions Sealed compactor zone shall mean that area which is bordered by the centerlines of Jefferson Street (on the west), Williamson Road, S. E. (on the east), Norfolk Avenue, S. E. (on the north), and Church Avenue, S. E. (on the south); that area which is bounded by the centerlines of 1st Street, S. W., and Jefferson Street (to the west and east), and Norfolk Avenue, S. W., and Kirk Avenue, S. W. (to the north and south), as well as 2nd Street, S. W., and 1st Street, S. W. (to the west and east), and Norfolk Southern Railroad and Salem Avenue, S. W. (to the north and south); that area which is bounded by the centerlines of 1st Street, S. W., and Jefferson Street (to the west and east), and Kirk Avenue, S W., and Church Avenue, S. W. (to the north and south), as well as 2nd Street, S. W., and 1 st Street, S. W. (to the west and east), and Salem Avenue, S. W., and Church Avenue, S. W. (to the north and south); that area which is bounded by the centerlines of Jefferson Street and Williamson Road, S. E. (to the west and east), and Church Avenue, S. E., and Elm Avenue, S. E. (to the north and " south); and that area which is bounded by the centerlines of 2 n Street, S. W., and Jefferson Street (to the west and east), and Church Avenue, S. W., and Day Avenue, S. W. (to the north and south). 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reyn Ids, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6" day of June, 2016. No. 40535-060616. A RESOLUTION amending the Fee Compendium to amend fees for refuse collection in the Central Business District, as set out below; and establishing an effective date. Institutions within a sealed compactor zone BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by City Council by Resolution No. 32412- 032795, adopted March 27, 1995, effective as of that date, as amended, shall be further amended to reflect the following fees: FEE CURRENT AMOUNT NEW AMOUNT Refuse fees for curbside collection for $120.00 per month $240.00 per month Restaurant, Office, and Financial Institutions within a sealed compactor zone in the Central Business District, but not registered for sealed compactor service, on and after September 1, 2016 and before December 1, 2016. 299 2. Resolution No. 32412 - 032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 3. The fees established by this Resolution shall remain in effect until amended by this Council. 4. This Resolution shall be in full force and effect upon passage of this Resolution. APPROVED ATTEST: A m. ky Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 61h day of June, 2016. No. 40536-060616. 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 2015 - 2016 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 2015 - 2016 Parking Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Refuse fees for curbside collection for $70.00 per month $140.00 per month Specialty Retail, Health, Church and Nonprofit Institutions within a sealed compactor zone in the Central Business District, but not registered for sealed compactor service, on and after September 1, 2016 and before December 1, 2016. 2. Resolution No. 32412 - 032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 3. The fees established by this Resolution shall remain in effect until amended by this Council. 4. This Resolution shall be in full force and effect upon passage of this Resolution. APPROVED ATTEST: A m. ky Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 61h day of June, 2016. No. 40536-060616. 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 2015 - 2016 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 2015 - 2016 Parking Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 300 Appropriations Appropriated from General Revenue Fund Balance Retained Earnings - Available 07- 540- 8273 -9003 349,467.00 07 -3348 (349,467.00) 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, MIMIC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 61" day of June, 2016. No. 40537-060616, A RESOLUTION authorizing the City Manager's issuance and execution of Amendment No. 4 to the City's Contract with ThyssenKrupp Elevator Corporation ('ThyssenKrupp ") for additional professional services for repairs to the Church Avenue 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 Amendment No. 4 to the City's Contract with ThyssenKrupp, in an amount not to exceed an additional $349,467.00 for additional professional services to replace obsolete parts in the Church Avenue Parking Garage elevator in order to modernize this unit, all as more fully set forth in the City Council Agenda Report dated June 6, 2016. 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 $349,467.00, all as set forth in the above mentioned City Council Agenda Report. 301 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 Thyssen Krupp, as well as the Contract itself. APPROVED ATTEST: Stephanie M. Moon Reynol s, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6" day of June, 2016. No. 40538-060616. A RESOLUTION authorizing the City Manager's issuance and execution of Amendment No. 4 to the City's Contract with Lancor Parking, L.L.C. ( "Lancor') to adjust the monthly management fee of such Contract; 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. City Council hereby approves Amendment No. 4 to the Contract between the City and Lancor amending the monthly fee to $94,505.28 for the period of July 1, 2016, to June 30, 2017, for the management and operation services of certain City owned or controlled parking garages and surface parking lots, all as more fully set forth in the City Council Agenda Report dated June 6, 2016. 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 $1,134,063.36 annually, all as set forth in the above mentioned City Council Agenda Report. 302 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 such Amendment to the above mentioned Contract with Lancor, as well as the Contract itself. APPROVED ATTEST: Stephanie M. Moon Rey Ids, C Da owers City Clerk Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 6" day of June, 2016, No. 40539-060616. A RESOLUTION adopting greenhouse gas ( "GHG') reduction targets. WHEREAS, leading climate scientists agree that climate disruption is a reality and that human activities are largely responsible for increasing concentrations of gases which warm the atmosphere; WHEREAS, recent well- documented impacts of climate disruption include increasing global sea levels, a significant decrease in Arctic sea ice thickness and major changes to weather patterns around the world; WHEREAS, climate disruption of the magnitude now predicted by the scientific community is likely to have costly impacts on human and natural systems throughout the world including increased risk of floods or droughts, sea level rises that interact with coastal storms that erode beaches, inundate land and damage structures, and a reduction in water supplies stored in glaciers and snow cover; WHEREAS, on September 2, 2008, City Council adopted Resolution No. 38211- 090208, to reduce GHG emissions from municipal operations by a total of 12.5 percent over a five -year period and reduce community -wide GHG emissions by 10 percent over the same five -year period, beginning January 1, 2009, through December 31, 2014; WHEREAS the City of Roanoke reduced GHG emissions from municipal operations by 25 percent and reduced the community -wide target by 13.4 percent between 2009 and 2014; 303 WHEREAS, the City of Roanoke recently joined the Compact of Mayors, which is a global coalition of municipal governments committed to reducing GHG emissions. To remain in compliance with the Compact of Mayors, all member cities must establish GHG emission reduction targets; and WHEREAS, measures to reduce GHG emissions in the community and within the municipal operations have the potential to also reduce costs through energy savings and to increase the quality of life through improved air quality. NOW THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that: 1. City Council hereby establishes a goal to reduce GHG emissions from municipal operations by an additional reduction of 12.5 percent over a five -year period and reduce community -wide GHG emissions by 10 percent over the same five -year period, beginning January 1, 2015, and ending December 31, 2019, as more particularly set forth in the attached City Council Agenda Report dated June 6, 2016. 2. City staff, designated by the City Manager, will be responsible for implementing the programs and projects described in the aforementioned Agenda Report to the greatest extent practicable and achievable within available funding and resources. APPROVED ATTEST: Stephanie M. Moon Reynolds, MC �David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 61" day of June, 2016, No. 40540 - 060616. A RESOLUTION appointing Annette Lewis and Lutheria Harrison Smith, as School Board Trustees of the Roanoke City School Board for terms commencing July 1, 2016, and ending June 30, 2019. 304 WHEREAS, pursuant to Section 9 -24, Code of the City of Roanoke (1979), as amended, a public hearing was held on May 16, 2016, relating to the appointment of School Board Trustees; and WHEREAS, this Council is desirous of appointing Annette Lewis and Lutheria Harrison Smith, to fill the vacancies on the Roanoke City School Board. follows: THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as 1. Annette Lewis and Lutheria Harrison Smith, are hereby appointed as School Board Trustees of the Roanoke City School Board for terms commencing July 1, 2016, and ending June 30, 2019. 2. The City Clerk is directed to transmit an attested copy of this resolution to the Clerk of Roanoke City School Board, and to Annette Lewis and Lutheria Harrison Smith. ATTEST: APPROVED Stephanie M. Moon Reyn , MZ 14'1 City Clerk `—"' �owers Mayor .. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 201" day of June, 2016. No. 40541-062016. A RESOLUTION paying tribute to the Honorable David A. Bowers, Mayor of the City of Roanoke, and expressing to him the appreciation of the City and its people for his exemplary public service. WHEREAS, Mr. Bowers was born in Cortland, New York, and raised in Lexington, North Carolina, before he and his family moved to Roanoke; WHEREAS, Mr. Bowers graduated from Patrick Henry High School in 1970, and earned a Bachelor of Arts degree, cum laude, in English from Belmont Abbey College in Belmont, North Carolina in 1974, and a Juris Doctor degree from Loyola University School of Law in New Orleans, Louisiana in 1978; WHEREAS, after graduation from law school, Mr. Bowers returned to Roanoke where he has practiced law since 1978; WHEREAS, in 1984, Mr. Bowers was first elected to Roanoke City Council and served two consecutive terms, after which he ran for the office of Mayor and was elected to two consecutive terms, serving until 2000; WHEREAS, after his initial terms of service as Mayor, Mr. Bowers continued his law practice and furthered his education by earning a Masters of Arts and Liberal Studies degree from Hollins University in 2006; WHEREAS, Mr. Bowers was re- elected to the office of Mayor in 2008, and has served two consecutive terms; WHEREAS, during Mr. Bowers' recent tenure as Mayor, Roanoke City government is financially stable, having consistently balanced the budget each year and improved its bond rating to AA+ over the last several years, despite challenging national economic times; WHEREAS, during Mr. Bowers' service as Mayor, the graduation rate at Roanoke City Schools rose from 59% to 85 %, and the crime rate continued to decline and is now the lowest in 47 years; WHEREAS, as the result of Mr. Bowers' leadership and support, Roanoke has been recognized by the Virginia Municipal League as a leading environmental city in Virginia, and consistently won national awards; 306 WHEREAS, during his tenure, Mr. Bowers led the initiative to compete for the National Civic League's All- America City Award with Roanoke's Star City Reads Program and its Community Solutions Action Plan; and, in 2012, had the honor of representing Roanoke, along with city staff, at the National Civic League Conference in Denver, Colorado, to accept the award making Roanoke the only six time All-America City; WHEREAS, Mr. Bowers committed to the return of passenger rail service to Roanoke in his 2013 State of the City address and successfully worked with city administration and the regional legislative delegation to persuade Governor Bob McDonnell and the General Assembly to return an Amtrak passenger rail connector service to Roanoke; WHEREAS, in his capacity as Mayor, Mr. Bowers served as an Ex- Officio member on all committees, including the Legislative Committee and the Personnel Committee of the Roanoke City Council; WHEREAS, throughout his career as a Member of Council, Mr. Bowers served in several public positions, including President of Greater Roanoke Transit Company; Council Representative on the Roanoke Valley - Alleghany Regional Commission; and member of the Board of Directors of the National Civic League; WHEREAS, Mr. Bowers also serves his community in several organizations and associations including membership as a parishioner of Saint Andrews Catholic Church; former President of the Ancient Order of Hibernians; member of the Knights of Columbus, 4th Degree; Chairman of the Roanoke Democratic Committee (1983); member of the Kiwanis Club of Roanoke since 1982; co- founder of Rebuilding Together /Christmas in April; former Director of the Roanoke Bar Association; and member of the Appalachian Trail Club, Roanoke Sister Cities, and Riverland/Walnut Hill Neighborhood Association; and WHEREAS, throughout his public career, Mr. Bowers has demonstrated unfailing commitment to the Star City of the South and its citizens. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council adopts this Resolution as a means of recognizing and commending the many services rendered to the City of Roanoke and its people by the Honorable David A. Bowers. 307 2. The City Clerk is directed to forward an attested copy of this Resolution to the Honorable David A. Bowers. APPROVED ATTEST: `-��, � IL Stephanie M. Moon Re no , MM David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 201" day of June, 2016. No. 40542-062016. A RESOLUTION paying tribute to the Honorable Courtney "Court" G. Rosen, and expressing to him the appreciation of the City and its people for his exemplary public service. WHEREAS, Mr. Rosen was raised in Oil City, Pennsylvania and was educated at Vanderbilt University, Nashville, Tennessee, where he received a Bachelor of Science degree, magna cum laude, in Human and Organizational Development; WHEREAS, following his graduation from Vanderbilt University, Mr. Rosen moved to Arlington, Virginia, where he worked on Capitol Hill for Congressman Bob Clement of Tennessee and for Senator Evan Bayh of Indiana; WHEREAS, after a few years of living the fast -paced life in Northern Virginia, Mr. Rosen and his wife, Brooke, moved to Roanoke to be closer to her family; WHEREAS, Mr. Rosen worked as a real estate investor and a partner in the residential real estate development company Walnut Creek Development Group, and is currently working with Chas. Lunsford Sons & Associates; WHEREAS, having been elected to City Council in May 2008, Mr. Rosen has served as a member of City Council since July 1, 2008, including a two year term as Vice Mayor; M WHEREAS, Mr. Rosen led the initiative to support funding for Roanoke City Public Schools during the recession of 2010 and respond to reductions in funding imposed by the Commonwealth, by increasing the meals tax by 2 %, effective from July 1, 2010 until June 30, 2012, and which initiative, supported by the City -wide Eat For Education Campaign, generated $9.5 million in additional revenues for Roanoke City Public Schools; WHEREAS, during his tenure on City Council, Mr. Rosen has served as Chair of the Legislative Committee, as Chair of the Audit Committee, and as a member of the Personnel Committee, as a City Representative on the Virginia Municipal League's Finance and Economic Development Policy Committees, Council Representative on the Board of Directors for Total Action Against Poverty in Roanoke Valley operating as Total Action for Progress (TAP), Council Liaison on the Roanoke Redevelopment and Housing Authority, City Representative on the Roanoke Valley Alleghany Regional Commission, City Representative on the Board of Board of Directors, First Regional Industrial Facility Authority, and City Representative on the New River Valley Commerce Park Participation Committee; WHEREAS, Mr. Rosen's substantial public service also includes his service as a member of the Commonwealth Transportation Board and working with local and state legislators to support the creation of the future 1 -73 Corridor for the expansion of economic development in the Southwest Virginia region; and WHEREAS, Mr. Rosen has been actively involved in his community serving as a member of the Downtown Roanoke Kiwanis Club; the New River Valley Homebuilders Association; the Board of Directors for Business Seed Capital, Inc.; and Member of New VA Connects, Munka, and Montgomery County Chamber of Commerce. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council adopts this Resolution as a means of recognizing and commending the many services rendered to the City of Roanoke and its people by the Honorable Courtney G. Rosen. 2. The City Clerk is directed to forward an attested copy of this Resolution to the Honorable Courtney G. Rosen. APPROVED ATTEST: �"' Stephanie M. Moon Re Ids�, MC David A. Bowers City Clerk Mayor '1 309 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20" day of June, 2016. No. 40543-062016. AN ORDINANCE to rezone certain property located at 523, 0 (zero), and 0 (zero) Harrison Avenue, N. W., from RM -1, Residential Mixed Density District, with an ND, Neighborhood Design Overlay, to RMF, Residential Multifamily District, with an H -2, Historic Neighborhood Overlay; and dispensing with the second reading of this ordinance by title. WHEREAS, Greg Jones, on behalf of Harrison Elderly Apartments, LLC, has made application to the Council of the City of Roanoke, Virginia ( "City Council'), to have the property located at 523, 0 (zero), and 0 (zero) Harrison Avenue, N. W., bearing Official Tax Map Nos. 2121763, 2121764 and 2121765, respectively, rezoned from RM -1, Residential Mixed Density District, with an ND, Neighborhood Design Overlay, to RMF, Residential Multifamily District, with an H -2, Historic Neighborhood Overlay, WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on June 20, 2016, 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: 310 1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Map Nos. 2121763, 2121764 and 2121765, located at 523, 0 (zero), and 0 (zero) Harrison Avenue, N. W., respectively, be and is hereby rezoned from RM -1, Residential Mixed Density District, with an ND, Neighborhood Design Overlay, to RMF, Residential Multifamily District, with an H -2, Historic Neighborhood Overlay, as set forth in the Zoning Amendment Amended Application No. 1 dated May 20, 2016. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: � Stephanie M. Moon Reyno dsR , M C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20" day of June, 2016. No. 40544-062016. AN ORDINANCE exempting from real estate property taxation certain property located at 1633 Salem Avenue, S. W., 702 Shenandoah Avenue, N. W., and 624 Shenandoah Avenue, N. W., Roanoke, Virginia, and identified, respectively, as Official Tax Map Nos. 1210711, 2113105, and 2113201 owned by Total Action Against Poverty in Roanoke, Valley, trading as Total Action for Progress (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 June 20, 2016; .. 311 WHEREAS, the provisions of subsection B of Section 58.1 -3651, Code of Virginia (1950), as amended, have been examined and considered by the Council; WHEREAS, the Applicant agrees that the real property to be exempt from taxation is certain real estate, including the land and any buildings and improvements located thereon, situated at 1633 Salem Avenue, S.W., 702 Shenandoah Avenue, N. W., and 624 Shenandoah Avenue, N. W., Roanoke, Virginia, and identified, respectively, as Official Tax Map Nos. 1210711, 2113105, and 2113201 (collectively the "Properties "), which Properties are owned by the Applicant, and that the entirety of the Properties 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 Properties were the Properties not exempt from such taxation, for so long as the Properties are exempted from such taxation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council classifies and designates Applicant, Total Action Against Poverty in Roanoke Valley, trading as Total Action for Progress, 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, situated at 1633 Salem Avenue, S. W., 702 Shenandoah Avenue, N. W., and 624 Shenandoah Avenue, N. W., Roanoke, Virginia, and identified, respectively, as Official Tax Map Nos. 1210711, 2113105, and 2113201, and owned by the Applicant. Continuance of this exemption shall be contingent on the continued use of the Properties by Applicant in accordance with the purposes designated in this Ordinance, as further stated in the City Council Agenda Report dated June 20, 2016. 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. 3. This Ordinance shall be in full force and effect on July 1, 2016 if, by such time, a copy, duly executed by an authorized officer of the Applicant, has been filed with the City Clerk. 312 4. The City Clerk is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicant, to the Commissioner of the Revenue, and the City Treasurer for purposes of assessment and collection, respectively, of the service charge established by this Ordinance, and to Wallace H. Clark, III, Director of Property Management & Maintenance, and the authorized agent of Total Action Against Poverty in Roanoke Valley, trading as Total Action for Progress. 5. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ACCEPTED, AGREED TO AND EXECUTED by Total Action Against Poverty in Roanoke Valley, trading as Total Action for Progress, this day of ,2016. Total Action Against Poverty in Roanoke Valley, trading as Total Action for Progress 0 Printed Name and Title APPROVED ATTEST: ry)� Stephanie M. Moon Reynol s, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20m day of June, 2016. No. 40545-062016. A RESOLUTION approving the reorganization and expansion of the Roanoke Valley Resource Authority ( "Authority ") by providing that the City of Salem, Virginia, join the Authority, approving and authorizing the execution of Amended and Restated Articles of Incorporation of the Roanoke Valley Resource 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 the provisions of the Code of Virginia (1950), as amended. 313 WHEREAS, the Board of Supervisors of Roanoke County, Virginia, the Council of the City of Roanoke, Virginia, the Council of the Town of Vinton, Virginia, and the Council of the City of Salem, Virginia, have determined that it is in their best interests to authorize the City of Salem to become a member of the existing Roanoke Valley Resource Authority, pursuant to the provisions of the Virginia Water and Waste Authorities Act, Chapter 51, Title 15.2, sections 15.2 -5100, at seq. of the Code of Virginia (1950), as amended, ( "Act"); WHEREAS, the Board of Supervisors of Roanoke County, Virginia, the Council of the City of Roanoke, Virginia, the Council of the Town of Vinton, Virginia, and the Council of the City of Salem, Virginia do by concurrent resolutions provide for the joinder of the City of Salem to the Roanoke Valley Resource Authority pursuant to Section 15.2 -5112 of the Act; WHEREAS, after proper advertisement, public hearings have been held in accordance with the requirements of the Act; and WHEREAS, the Roanoke Valley Resource Authority has, by resolution, expressed its consent to the joining of the City of Salem to become a member of the existing Roanoke Valley Resource Authority. NOW, THEREFORE, BE IT RESOLVED by the Roanoke City Council, Virginia, as follows: 1. Council hereby determines that it is in the best interest of the citizens of the City of Roanoke, Virginia, that the City of Salem, Virginia, join and become a member of the Roanoke Valley Resource Authority and approves the terms of the Amended and Restated Articles of Incorporation of the Roanoke Valley Resource 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 Amended and Restated Articles of Incorporation of the Roanoke Valley Resource 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 Amended and Restated Articles of Incorporation of the Roanoke Valley Resource Authority mentioned above upon the issuance of a Certificate of Joinder and /or Restatement issued by the Virginia State Corporation Commission. 314 4. Council does hereby FIND as a matter of fact that inclusion in the Amended and Restated Articles of Incorporation of the Roanoke Valley Resource 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. 5. As provided for in the Amended and Restated Articles of Incorporation of the Roanoke Valley Resource Authority, Council hereby appoints the following two (2) 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. City of Roanoke Annnintaac NAME ADDRESS EXPIRATION OF INITIAL TERM Michael Shockley City of Roanoke December 31, 2018 215 Church Avenue, S.W. Room 354 Roanoke, Virginia 24011 Robert "Bobby" Edwards 3045 Poplar Lane December 31, 2019 Roanoke, Virginia 24014 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 two (2) members. 6. The Amended and Restated Articles of Incorporation of the Roanoke Valley 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. 315 AMENDED AND RESTATED ARTICLES OF INCORPORATION OF THE ROANOKE VALLEY RESOURCE AUTHORITY The Board of Supervisors of Roanoke County, the Town Council of the Town of Vinton, the City Council of the City of Roanoke, and the City Council of the City of Salem have by concurrent resolution adopted the following Amended and Restated Articles of Incorporation of the Roanoke Valley Resource Authority pursuant to the Virginia Water and Waste Authorities Act, Chapter 28, Title 15.2, sections 15.2 -5100, et seq. of the Code of Virginia (1950), as amended, ( "Act"): (1) The name of the Authority shall be the Roanoke Valley Resource Authority and the address of its principal office is 1020 Hollins Road, N. E., Roanoke, Virginia 24012. (2) The names of the participating political subdivisions are the County of Roanoke, Virginia; the City of Roanoke, Virginia; the Town of Vinton, Virginia; and the City of Salem, Virginia. The County of Roanoke, the City of Roanoke, the Town of Vinton, and the City of Salem, as the incorporating political subdivisions, hereby acknowledge, covenant, and agree that these 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 incorporating political subdivisions. Neither of the following actions shall be taken or permitted to occur by the Authority without the consent of the City of Roanoke and the County of Roanoke as expressed by the affirmative vote of all City and County representatives on the Authority: (a) Any change in the terms and conditions of design or operation of the Transfer Station located in the City of Roanoke as set forth in the Solid Waste Transfer Facility Design Criteria, dated March 19, 1991, and the Solid Waste Transfer Facility Operating Criteria, dated May 21, 1991, as approved by the Roanoke City Planning Commission on June 5, 1991, and the Part A and Part B applications for the Transfer Station as approved by the Commonwealth of Virginia, or use by any persons or entities other than City of Roanoke, County of Roanoke, Town of Vinton, the City of Salem or any other local government entity, located wholly or partially within a sixty (60) mile radius of the Authority's property and under contractual obligation with the Authority to bring acceptable waste generated within said local government entity's jurisdiction to an Authority facility; (b) Any change in the terms and conditions of the design or operation of the Landfill located in Roanoke County as set forth in the special use permit and the Landfill Permit Conditions and Operating Policies, Action 62789 -10 and Resolution 62789 -12, each dated June 27, 1989, and the Part A and Part B applications for the Landfill as approved by the Commonwealth of Virginia. 316 (c) Since the Landfill and Transfer Station are scarce and valuable resources, and because the participating political subdivisions have a common interest in insuring that the Landfill is used in the best possible and most efficient manner, the participating political subdivisions agree that Authority membership and operation and use of the Transfer Station and Landfill shall be governed by the terms and conditions of the Amended and Restated Roanoke Valley Resource Authority Members and Facilities Use Agreement ( "Use Agreement'), dated as of July 1, 2016, and as such Use Agreement may be further amended from time to time. (3) The names, addresses, and initial terms of office of the members of the Board of the Roanoke Valley Resource Authority ( "Authority ") are as follows: Name 1. Anne -Marie Green 2. Rebecca Owens 3. Keith Garman 4. Dennis Nalley 5. Thomas C. Gates 6. Michael Shockley Address Roanoke County 1216 Kessler Mill Road Salem, Virginia (Roanoke County) Roanoke County P.O. Box 29800 Roanoke, Virginia 24018 (Roanoke County) 8538 Bradshaw Road Salem, Virginia (Roanoke County) 8301 Berrybrook Drive Salem, Virginia 24153 (Roanoke County) 5204 Bernard Drive Roanoke, Virginia 24018 (Roanoke County) City of Roanoke 215 Church Avenue, SW Room 354 Roanoke, Virginia 24011 (Roanoke City) Term Expires 12/31/2019 12/31/2018 ., 12/31/2017 12/31/2017 12/31/2019 12/31/2018 317 7. Robert "Bobby" Edwards 3045 Poplar Lane 12/31/2019 Roanoke, Virginia 24014 (Roanoke City) 8. Joey Hiner Town of Vinton 12/31/2019 311 S. Pollard Street Vinton, Virginia 24179 (Town of Vinton) 9. Norman Michael Tyler 114 N. Broad Street 12/31/2019 Salem, Virginia 24153 (City of Salem) The terms of office of each of the members shall become effective on the date of issuance of a certificate of joinder for the Authority by the State Corporation Commission in accordance with Section 15.2 -5112 of the Act and shall expire on the date indicated above. Upon expiration of the foregoing terms, the governing body of each participating political subdivision shall appoint the number of members, who may be members of the governing body, set forth opposite its name below: County of Roanoke -five City of Roanoke -two Town of Vinton -one City of Salem -one It being the intention of these Articles that the governing body of the County of Roanoke shall always appoint a majority of the members, whenever an additional political subdivision shall join the Authority, the governing body of the County of Roanoke shall be entitled to appoint one or more additional members in order to maintain such majority. After expiration of the terms set forth above, each member shall be appointed for a four -year term or until his successor is appointed and qualified. Any additional members appointed by the County of Roanoke to maintain its majority shall also be appointed for four -year terms. The governing body of each political subdivision shall be empowered to remove at any time, without cause, any member appointed by it and appoint a successor member to fill the unexpired portion of the removed members term. Each member may be reimbursed by the Authority for the amount of actual expenses incurred by him or her in the performance of his or her duties. (4) The purpose for which the Authority is to be formed is to exercise all the powers granted to the Authority to acquire, finance, construct, operate, manage, and maintain a garbage and refuse collection and disposal system and related facilities pursuant to the Act. For purposes of these Articles, and any contracts or documents entered into on behalf of the Authority, "garbage and refuse collection and disposal system and related facilities" shall mean the collection and disposal of garbage and refuse at and through one or more transfer facilities owned and operated by the 318 Authority and the associated landfill or disposal operations and including the authority to engage in or provide for residential and /or commercial garbage and refuse collection services. The Authority shall contract with the County of Roanoke, the City of Roanoke, the Town of Vinton, and the City of Salem to furnish garbage and refuse collection and disposal services upon identical terms and conditions including the same schedule of service rates, fees, and charges of all types which shall be uniformly applicable to all such political subdivisions. Subject to the terms of the Use Agreement, the Authority may contract with other political subdivisions to furnish garbage and trash disposal services upon such terms as the Authority shall determine. The Authority may contract to make host locality payments to Roanoke County, the City of Roanoke, the City of Salem, and the Town of Vinton to compensate such localities in consideration of location of facilities within their communities andlor for their support of the Authority. 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 proposed projects. (5) The Authority shall serve the County of Roanoke, the City of Roanoke, the Town of Vinton, the City of Salem, and to the extent permitted by the Act and by the terms of these Articles and the Use Agreement, such other public or private entities as the Authority may determine upon the terms and conditions established pursuant to such contracts. (6) The Authority shall cause an annual audit of its books and records to be made by the State Auditor of Public Accounts or by an independent certified public accountant at the end of each fiscal year and a certified copy thereof to be filed promptly with the governing body of each of the participating political subdivisions. IN WITNESS WHEREOF the Board of Supervisors of Roanoke County, Virginia, the Town Council of the Town of Vinton, the City Council of the City of Roanoke, Virginia, the City Council of the City of Salem, Virginia, and the Board of Directors of the Roanoke Valley Resource Authority have caused these 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. ROANOKE VALLEY RESOURCE AUTHORITY By: Name: Anne Marie Green Chair Attest: Peggy Bishop , Secretary ROANOKE COUNTY, VIRGINIA Name: P. Jason Peters Chair, Board of Supervisors 319 CITY OF ROANOKE, VIRGINIA a Name: David A. Bowers Mayor Attest: (SEAL) Stephanie M. Moon Reynolds, City Clerk CITY OF SALEM, VIRGINIA 0 Name: Byron R. Foley Mayor Attest: (SEAL) Attest: (SEAL) Deborah C. Jacks, Chief Deputy James E. Taliferro, II, Clerk of Clerk Council TOWN OF VINTON, VIRGINIA 69 Name: Bradley E. Grose Mayor Attest: (SEAL) Susan N. Johnson, Town Clerk [End of Form of Articles) 320 7. A copy of the Amended and Restated Roanoke Valley Resource Authority Members and Facilities Use Agreement is available for inspection in the Office of the Roanoke City Clerk, Room 456, Municipal Building, Office of the Clerk to the Roanoke County Board, 5204 Bernard Drive, Fourth Floor, Roanoke, Virginia 24018, Office of the Vinton Town Manager, 311 South Pollard Street, Vinton, Virginia 24179, and Office of the City of Salem Clerk of Council, 114 North Broad Street, Salem, Virginia 24153, and also at the Executive Offices of the Roanoke Valley Resource Authority located at 1020 Hollins Road, N. E., Roanoke, Virginia 24012. 8. (i) Privately -owned sanitary landfill services are not available in a reasonable and cost efficient manner, and (ii) Operation by the Roanoke Valley Resource Authority of a sanitary landfill and any related facilities andlor the contract for such operation in spite of any potential anti - competitive effect is important to provide for the development and /or operation of a regional system of garbage and refuse collection and disposal for the County of Roanoke, the City of Roanoke, the Town of Vinton, the City of Salem, and such other governmental units or private entities as the Authority may determine. 9. 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 Amended and Restated Articles of Incorporation of the Roanoke Valley Resource Authority to become effective so that the City of Salem, Virginia, becomes a member of the Authority. 10. That this resolution shall take effect immediately upon its adoption. APPROVED ATTEST: (.�• Cn y/�/ ��[�I����> Ste Re�f1M,�A1C David �—�✓ �^'�M� P Y A.'Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 201" day of June, 2016. No. 40546-062016. A RESOLUTION authorizing the adoption of an Amended and Restated Roanoke Valley Resource Authority Members and Facilities Use Agreement, upon certain terms and conditions. 321 WHEREAS, the County of Roanoke ( "County'), the City of Roanoke ( "City "), the Town of Vinton ( "Town "), and the Roanoke Valley Resource Authority ( "Authority ") entered into the Roanoke Valley Resource Authority Members Use Agreement dated October 23, 1991, ( "Members Use Agreement "), as amended by the First Amendment dated June 1, 1992, the Second Amendment dated December 2, 1996, the Third Amendment dated February 1, 1999, the Fourth Amendment dated April 1, 2005, and the Fifth Amendment dated March 23, 2009, by which the Authority agreed to acquire, construct, and equip a regional waste disposal system consisting of a landfill and transfer station and related structures and equipment ( "System'), and to provide financing therefor in order to dispose of all non - hazardous waste delivered to such system; WHEREAS, the County, City, Town, Authority, and City of Salem have all determined that the City of Salem's joinder to the Authority is in their best interests and each jurisdiction has adopted an appropriate resolution to that effect; and WHEREAS, the County, City, Town, Authority, and City of Salem desire to further amend and restate the Members Use Agreement to provide for the terms and conditions applicable to the City of Salem's joinder as a member of the Authority as well as the terms, conditions, and provisions applicable to the operation and use of the expanded System by all authorized users. 4 NOW, THEREFORE, BE IT RESOLVED by the Roanoke City Council as follows: 1. The Amended and Restated Roanoke Valley Resource Authority Members Facilities and Use Agreement is hereby approved in substantially the form attached as Exhibit "A" to the City Council Agenda Report dated June 20, 2016. 2. The City Manager and City Clerk are authorized to execute and attest, respectively, in a form approved by the City Attorney, said Amended and Restated Roanoke Valley Resource Authority Members Facilities and Use Agreement, to include such changes as the City Manager shall deem appropriate and \or necessary to carry out the purposes expressed therein. 3. The City Manager is authorized to take such further actions and execute additional documents, in a form approved by the City Attorney, as may be necessary or appropriate to implement and administer said Amended and Restated Roanoke Valley Resource Authority Members Facilities and Use Agreement. 322 4. This resolution shall take effect immediately upon its adoption. APPROVED ATTEST: J&fL���� �' Stephanie M. Moon Reynolds, MC - David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of June, 2016. No. 40547-062016. A RESOLUTION authorizing and providing for an additional period of time for the Roanoke Valley Resource Authority to exist as a corporation, upon certain terms and conditions. WHEREAS, pursuant to Section 15.2- 5114(1) of the Code of Virginia (1950), as amended, the Roanoke Valley Resource Authority was created and incorporated on August 25, 1989, to exist for a term of 50 years as a corporation; WHEREAS, said Section 15.2 - 5114(1) states that an authority may exist for such further period or periods as may from time to time be provided by appropriate resolutions of the political subdivisions which are members of the authority, provided, however, the term of an authority shall not be extended beyond a date 50 years from the date of the adoption of such resolutions; and WHEREAS, the County of Roanoke, the City of Roanoke, the Town of Vinton, and the City of Salem desire to provide by resolutions for an additional period of time for the Roanoke Valley Resource Authority to exist as a corporation as authorized and provided by Section 15.2 - 5114(1) of the Code of Virginia (1950), as amended. NOW, THEREFORE, BE IT RESOLVED that the Roanoke City Council, hereby authorizes and provides that the Roanoke Valley Resource Authority shall exist as a corporation for a further period of time ending on and not to extend beyond January 1, 2066, as authorized and provided by Section 15.2- 5114(1) of the Code of Virginia (1950), as amended; and 323 BE IT FURTHER RESOLVED that this resolution shall take effect immediately upon its adoption. APPROVED ATTEST: Stephanie M. Moon Reynolds, MM David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 201" day of June, 2016. No. 40548-062016. A RESOLUTION authorizing the issuance of not to exceed twenty -eight million dollars ($28,000,000.00) aggregate 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 (i) to authorize the City to contract a debt and to authorize the issuance of not to exceed $28,000,000.00 aggregate 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 324 amount of General Obligation Public Improvement Bond Anticipation Notes in anticipation of the issuance of such Bonds and (iii) to authorize the sale of such Bonds, together with other previously authorized general obligation public improvement bonds of the City; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: SECTION 1. (a) Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia, 1950, as amended, the same being the Public Finance Act of 1991 (the 'Public Finance Act of 1991 "), for the purpose of providing net proceeds of sale (after taking into account costs of issuance, underwriting compensation and original issue discount) to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for the City (including related design and architectural and engineering services) as set forth in Section 7, the City is authorized to contract a debt and to issue in one or more series from time to time not to exceed Twenty -Eight Million Dollars ($28,000,000) aggregate 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 each or any integral multiple thereof. The Bonds of a given series shall be numbered from No. R -1 upwards in order of issuance. The Bonds shall bear interest from their date payable on such date and semiannually thereafter as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. The Bonds of each series shall be issued in such aggregate principal amounts (not exceeding the aggregate principal amount specified in Section 1(a) hereof); and shall mature on such dates and in such years (but in no event exceeding forty (40) years from their date or dates), and in the principal amount in each such year, as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. Interest on the Bonds shall be calculated on the basis of a three hundred sixty (360) day year comprised of twelve (12) thirty (30) day months. (c) The Bonds (or portions thereof in installments of $5,000.00) may 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 325 redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof, as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. (d) (i) If any Bond (or any portion of the principal amount thereof in installments of $5,000.00) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the registered owner thereof at the address of such registered owner as it appears on the books of registry kept by the Registrar and Paying Agent as of the close of business on the forty -fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest payable upon such redemption shall have been duly made or provided for, interest thereon shall cease to accrue from and after the date so specified for the redemption thereof. (ii) Any notice of the optional redemption of the Bonds may state that it is conditioned upon there being on deposit with the City on the date fixed for the redemption thereof an amount of money sufficient to pay the redemption price of such Bonds, together with the interest accrued thereon to the date fixed for the redemption thereof, and any conditional notice so given may be rescinded at any time before the payment of the redemption price of such Bonds, together with the interest accrued thereon, is due and payable if any such condition so specified is not satisfied. If a redemption of any Bonds does not occur after a conditional notice is given due to there not being on deposit with the City a sufficient amount of money to pay the redemption price of such Bonds, together with the interest accrued thereon to the date fixed for the redemption thereof, the corresponding notice of redemption shall be deemed to be revoked. (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, this Council is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable property within the City, over and above all other taxes, 326 authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and interest on the Bonds to the extent other funds of the City are not lawfully available and appropriated for such purpose. SECTION 3. (a) The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signature of the Mayor of the City and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk of the City. (b) The Director of Finance is hereby authorized to appoint a Registrar and Paying Agent for the Bonds (the "Registrar and Paying Agent "). (c) The Director of Finance shall direct the Registrar and Paying Agent to authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on each Bond shall have been manually executed by an authorized signatory of the Registrar and Paying Agent. Upon the authentication of any Bonds the Registrar and Paying Agent shall insert in the certificate of authentication the date as of which such Bonds are authenticated as follows: (i) if a Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such Bond is one, (ii) if a Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date, (iii) if a Bond is authenticated after the fifteenth (15th) day of the calendar month next preceding an interest payment date and prior to such interest payment date, the certificate shall be dated as of such interest payment date and (iv) in all other instances the certificate shall be dated as of the interest payment date next preceding the date upon which the Bond is authenticated. In the event the Bonds of any series shall be dated as of a date other than the first day of a calendar month or the dates on which interest is payable on such series are other than the first days of calendar months, the provisions of this Section 3(c) with regard to the authentication of such Bonds and of Section 9 hereof 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 DTC, or in the name of such other 327 nominee of DTC as may be requested by an authorized representative of DTC, interest - on the Bonds shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. (b) At all times during which any Bond of any series remains outstanding and unpaid, the Registrar and Paying Agent for such series shall keep or cause to be kept at its office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its office for such purpose the Registrar and Paying Agent, under such reasonable regulations as it may prescribe, shall register, exchange or transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth. (c) The books of registry shall at all times be open for inspection by the City or any duly authorized officer thereof. (d) Any Bond may be exchanged at the office of the Registrar and Paying Agent for such series of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums of the same series, interest rate and maturity. (e) Any Bond of any series may, in accordance with its terms, be transferred upon the books of registry by the registered owner of such Bond in person or by the duly authorized attorney for such registered owner, upon surrender of such Bond to the Registrar and Paying Agent for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by the duly authorized attorney for such registered owner, in form satisfactory to the Registrar and Paying Agent. (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. 328 (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. 329 SECTION 6. To the extent it shall be contemplated at the time of their issuance that the interest on any Bonds issued hereunder shall be excludable from gross income for purposes of federal income taxation, the City covenants and agrees that it shall comply with the provisions of Sections 103 and 141 -150 of the Internal Revenue Code of 1986, as amended, and the applicable Treasury Regulations promulgated under such Sections 103 and 141 -150 so long as any such Bonds are outstanding. SECTION 7. The net proceeds of the sale of the Bonds authorized for issuance in the aggregate principal amount of not to exceed $28,000,000.00 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 the following respective approximate amounts: Purpose Amount School Facility Maintenance and $5,000,000.00 Improvements Bridge Renovation 8,050,000.00 Library Master Plan 2,845,000.00 Parks and Recreation Master Plan 2,500,000.00 Stormwater Management 1,620,000.00 Curb, Gutter and Sidewalk Program 1,000,000.00 Street Scapes 500,000.00 911 Center 1,500,000.00 Street Improvements 3,500,000.00 $26,515,000.00 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, without further action by the Council, and net proceeds constituting original issue premium, if any, shall be allocated to the projects above in such amounts as shall be determined by the City Manager and the Director of Finance. 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. The Bonds may be issued as taxable or tax - exempt Bonds as shall be determined by the City Manager and the Director of Finance. 330 (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 five percent (5.00 %). The City Manager and the Director of Finance are further authorized to fix the rates of interest to be borne by the Bonds of each maturity of each series as specified in the bid accepted by them in accordance with the immediately preceding sentence. The City Manager and the Director of Finance are hereby authorized to determine the provisions relating to the redemption of the Bonds of any series 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 %), except that any taxable Bonds issued may be subject to redemption at a redemption price that includes a make -whole premium, as may be determined by the City Manager and the Director of Finance at the time of sale of any such taxable Bonds. (d) If the Bonds are sold at negotiated sale, the City Manager and the Director of Finance, without further action of the Council, (1) 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 five percent (5.00 %). 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 of any series upon the advice of the City's financial advisor; provided, however, in no event shall any redemption premium payable by the City 331 exceed two percent (2.00 %), except that any taxable Bonds issued may be subject to redemption at a redemption price that includes a make -whole premium, as may be determined by the City Manager and the Director of Finance at the time of sale of any such taxable Bonds. 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. 332 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 five percent (5.00 %). 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 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. SECTION11.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. 333 SECTIONI2, 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. SECTION13.All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND SERIES REGISTERED EXHIBIT A REGISTERED No. R- $ MATURITY INTEREST DATE: RATE: DATE OF BOND: CUSIP NO.: REGISTERED OWNER: CEDE & CO. PRINCIPAL SUM: DOLLARS THE CITY OF ROANOKE, in the Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted and hereby promises to pay to the Registered Owner (named above), or registered assigns, on the Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall have been duly called for previous redemption and payment of the redemption price duly made or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum on and semiannually on each and thereafter (each such date is hereinafter referred to as an "interest payment date "), from the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case from such interest payment 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 334 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. The Bonds of the issue of which this Bond is one (or portions thereof in installments of $5,000.00) maturing on and after 1, 20 are subject to redemption at the option of the City prior to their stated maturities, on or after 1, 20 , in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of a redemption price equal to the principal amount of the Bonds to be redeemed, together with the interest accrued thereon to the date fixed for the redemption thereof. The Bonds of the issue of which this Bond is one maturing on are subject to mandatory sinking fund redemption on and on _ of each year thereafter and to payment at maturity on _ _ _ in the principal amounts in each year set forth below, in the case of redemption with the particular Bond or Bonds maturing on _ _ _or portions thereof to be redeemed to be selected by lot, upon payment of the principal amount of the Bonds maturing on to be redeemed, together with the interest accrued on the principal amount to be redeemed to the date fixed for the redemption thereof: 335 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 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. 336 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. It is certified, recited and declared that all ads, 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. 337 CITY OF ROANOKE, VIRGINIA [SEAL] Mayor Attest: City Clerk proceedings. CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to the within - mentioned 0 Authorized Signatory Date of Authentication: as Registrar and Paying Agent ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE: the within Bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer such Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: 338 - Must NOTICE: Signatures) 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 M. Moon Reynolds, MMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 201" day of June, 2016. No. 40549-062016. AN ORDINANCE to appropriate funding to be provided by the issuance of General Obligation Bonds to the Stormwater Improvements, City -wide Curb /Gutter /Sidewalk, Streetscapes, Street Improvements FY17, Bridge Renovations, Melrose Library Renovations, Countryside Library Renovations, Parks & Rec Master Plan - Phase II, E -911 Facility, Round Hill Expansion — Phase III, Crystal Spring HVAC Replacement, and various school maintenance upgrade projects, amending and reordaining certain sections of the 2016 - 2017 Stormwater Utility, Capital Projects, and School Capital Projects Funds, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2016 - 2017 Stormwater Utility, 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 2017 Bond Funds Stormwater Improvements Capital Proiects Fund Appropriations Parks & Rec Master Plan - Phase 11 Streetscape Improvements City -Wide Curb Gutter Sidewalk E -911 Facility Library Renovations Bridge Renovations Street Improvements Appropriated from 2017 Bond Funds Appropriated from 2017 Bond Funds Appropriated from 2017 Bond Funds Appropriated from 2017 Bond Funds Appropriated from 2017 Bond Funds Appropriated from 2017 Bond Funds Appropriated from 2017 Bond Funds Appropriated from 2017 Bond Funds Appropriated from 2017 Bond Funds Appropriated from 2017 Bond Funds Appropriated from 2017 Bond Funds Appropriated from 2017 Bond Funds School Capital Projects Fund Appropriations Appropriated from 2017 Bond Funds Appropriated from 2017 Bond Funds Appropriated from 2017 Bond Funds Round Hill Exp — Phase IV Crystal Spring HVAC Replacement RCPS Maintenance Upgrades 03 -530- 3014 -9385 03 -530- 3018 -9384 08 -530- 9473 -9344 08 -530- 9473 -9363 08 -530- 9473 -9370 08 -530- 9473 -9372 08 -530- 9473 -9378 08- 530 - 9473 -9383 08- 530 - 9473 -9386 08 -530- 9128 -9385 08 -530- 9458 -9385 08 -530- 9475 -9385 08 -530- 9476 -9385 08- 530 - 9580 -9385 08- 530 - 9586 -9385 08 -530- 9593 -9385 08- 530 - 9594 -9385 08- 530 - 9595 -9385 08- 530 - 9597 -9385 08- 530 - 9600 -9385 08- 530 - 9965 -9385 31- 065- 6039 -9385 31- 065- 6082 -9385 31- 065 - 6086 -9385 31- 060 - 9474 -9387 31- 060 - 9474 -9388 31- 060 - 9474 -9389 339 $ 1,620,000.00 (1,620,000.00) (2,500,000.00 ) ( 500,000.00 ) ( 1,000,000.00 ) ( 1,500,000.00 ) ( 2,845,000.00 ) ( 8,050,000.00 ) ( 3,500,000.00 ) 573,520.00 2,500,000.00 1,000,000.00 500,000.00 2,500,000.00 1,500,000.00 2,335,000.00 1,850,000.00 665,000.00 1,000,000.00 2,271,480.00 3,200,000.00 1,000,000.00 3,650,000.00 350,000.00 ( 3,650,000.00) ( 1,000,000.00) ( 350,000.00 ) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: y� /� (' (�6..u.t. ' ' I - Ur+t ( X14/ Stephanie M. Moon Reynolds, MMC� David A. Bowers City Clerk Mayor 340 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20" day of June, 2016. No. 40550-062016. A RESOLUTION authorizing the acceptance of an Employment Advancement for Temporary Assistance to Needy Families (TANF) Participants grant from the Virginia Department of Social Services (VDSS); authorizing the City of Roanoke to serve as the primary fiscal agent for the distribution of such funds to the provider agencies for services provided to the local departments of social services (DSS) in Roanoke City, Roanoke County, Franklin County, Botetourt County, and Craig County; and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Employment Advancement for TANF Participants grant from the VDSS, in the amount of $272,343.12, for the period commencing July 1, 2016, through June 30, 2017, 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, along with Total Action Against Poverty, and Goodwill Industries of the Valleys, as further set forth in the City Council Agenda Report dated June 20, 2016, is hereby ACCEPTED. 2. The City of Roanoke is authorized to be the primary fiscal agent for this grant, and shall be responsible for distributing the grant proceeds to the provider agencies for services provided to the local DSS agencies. 3. The City Manager is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of these funds, and to furnish such additional information as may be required in connection with the City's acceptance of the grant funds. All such documents shall be approved as to form by the City Attorney. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor 341 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 201" day of June, 2016. No. 40551-062016. 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 2016 - 2017 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 2016 - 2017 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services 35- 630 - 8868 -2010 $272,344.00 Revenues SWVA Regional Employment Coalition FY17 35- 630 - 8868 -8868 272,344.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20" day of June, 2016. No. 40552-062016. A RESOLUTION authorizing the acceptance of additional FY2016 "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. 342 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, additional funds for the FY2016 "Four for Life" Grant for Emergency Medical Services (EMS) in the amount of $4,580.80, bringing the total to $82,492.80, 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 June 20, 2016. 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 from the Commonwealth of Virginia, Department of Health, in connection with the 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 201h day of June, 2016. No. 40553- 062016. AN ORDINANCE appropriating funding from the Virginia Department of Health for the purpose of purchasing emergency medical service (EMS) supplies, 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: 343 Appropriations Expendable Equipment 35 -520- 3575 -2035 $ 4,581.00 Revenues Four - For -Life Grant FY16 35- 520- 3575 -3575 4,581.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: i Stephanie M. Moon Reyno , MM MC vid A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20" day of June, 2016. No. 40554-062016. A RESOLUTION authorizing acceptance of the funding for the Fostering Futures Program and Family Partnership Meetings made to the City of Roanoke ( "City') by the Virginia Department of Social Services ('VDSS"); establishing a new Senior Family Services Specialist position; 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 funding from the VDSS in the following amounts: (a) $78,750.00 to be used for the Fostering Futures Program, with no local match required from the City, to help youth become self - sufficient when they exit foster care by assisting with education and obtaining employment, (b) $62,491.00 to be used for staffing and operations costs in connection with the Fostering Futures Program, which includes a required 15.5% local cash match from the City, and (c) the estimated amount of $27,600.00 to be paid in quarterly allocations in the amount of $6,900.00 or higher, which includes a 15.5% local cash match required from the City, to be used for costs related to conducting Family Partnership Meetings concerning decisions relating to the placement of children in foster case, as more particularly set forth in the City Council Agenda Report dated June 20, 2016. 344 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents necessary for the City to accept the aforementioned funding in a form approved by the City Attorney and to establish a new Senior Family Services Specialist position within the City's Department of Social Services. 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,MooR { "'L Davi .Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA, The 20" day of June, 2016. No. 40555-062016. AN ORDINANCE to appropriate funding from Commonwealth of Virginia for the Department of Social Services and Children's Services Act (CSA), for the Foster Futures Program and the Family Partnership Meetings Program, amending and reordaining certain sections of the 2016 - 2017 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 2016 - 2017 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries City Retirement 401 k Savings Match FICA Medical Insurance Dental Insurance Life Insurance Disability Insurance Expendable Equipment Fostering Futures Foster 01- 630 -5311 -1002 $38,984.00 01- 630 -5311 -1105 6,163.00 01- 630 - 5311 -1117 390.00 01- 630 -5311 -1120 2,982.00 01- 630 - 5311 -1125 6,048.00 01- 630 - 5311 -1126 350.00 01- 630 -5311 -1130 511.00 01- 630 - 5311 -1131 109.00 01 -630- 5311 -2035 6,954.00 Care 01- 630 -5311 -3202 78,750.00 Assistance Family Partnership Meetings Medicaid Local Match Services) 01- 630 - 5311 -3203 (Social 01- 630 - 5410 -3133 Revenues General Administration 01- 110 - 1234 -0676 Fostering Futures Foster Care 01- 110 - 1234 -0738 Assistance 345 27,600.00 (13,964.00) 76,127.00 78,750.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: if Stephanie M. Moon Reynolds, MMC l o �JDavid A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 201" day of June, 2016. No. 40556-062016. A RESOLUTION authorizing the acceptance of the Child Abuse and Neglect Prevention Program Grant ( "Grant') from the Virginia Department of Social Services ( "VDSS") in the amount of $50,000.00; authorizing the City of Roanoke to serve as the primary fiscal agent for the distribution of such grant funds to the provider agencies for the services provided under the Grant; and authorizing 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 Program Grant from the VDSS in the amount of $50,000.00, with a local in- kind match provided by the City in the amount of $16,667.00 and a local cash match provided by the City in the amount of $9,000.00, such proceeds to be used during the term of the Grant, beginning July 1, 2016, and ending June 30, 2017, all as more particularly set forth in the City Council Agenda Report dated June 20, 2016. The Grant will be used by the City's Department of Social Services and certain provider agencies 346 to develop parental programs for parents at risk of abusing and /or neglecting their children and related purposes, 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 in connection with the parental programs developed pursuant to the Grant. 3. The City Manager is hereby authorized to execute and file, on behalf of the City, the Grant agreement with the VDSS and all necessary documents required to accept 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 no s, MM David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20" day of June, 2016, No. 40557-062016. 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 2016 - 2017 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 2016 - 2017 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Temporary Employee Wages 35- 630 - 5215 -1004 FICA 35- 630 -5215 -1120 Program Activities 35- 630 -5215 -2066 Revenues Child Abuse Prevention FY17 — 35- 630 -5215 -5215 Federal PT Child Abuse Prevention FY17 — State 35- 630 -5215 -5216 Child Abuse Prevention FY17 — Local 35- 630 - 5215 -5217 347 $ 3,618.00 276.00 53, 039.00 25,000.00 25,000.00 6,933.00 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: � 7Lt� Stephanie M. Moon Reynolds, MM David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 201" day of June, 2016. No. 40558 - 062016. 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 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: 9 i• m• Appropriations DoJ Training and Development 35- 640 - 3304 -2044 $ 19,661.00 DoT Training and Development 35- 640 - 3304 -2044 15,755.00 Revenues DoJ Federal Asset Forfeiture 35- 640 - 3304 -3305 19,554.00 DoJ Federal Asset Forfeiture - Interest 35- 640 - 3304 -3306 107.00 DoT Federal Asset Forfeiture 35- 640 - 3307 -3307 15,305.00 DoT Federal Asset Forfeiture - Interest 35- 640 - 3307 -3308 450.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'" day of June, 2016. No. 40559-062016. AN ORDINANCE to appropriate funding from the State Asset Sharing Program for enhancing law enforcement operations, 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 Expendable Equipment Revenues State Asset Forfeiture - Interest State Asset Forfeiture 35- 640 - 3302 -2035 35- 640 - 3302 -3299 35- 640 - 3302 -3300 349 $ 53,484.00 429.00 53,055.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Rey nol MC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'" day of June, 2016. No. 40560-062016. AN ORDINANCE to appropriate funding from the Electronic Summons System Court Fees revenues as enacted by the General Assembly in section 17.1 -279.1 of the Code of Virginia (1950), amending and reordaining certain sections of the 2016 - 2017 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 2016 - 2017 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Project Supplies Other Equipment Revenues Electronic Summons System Court Fees Electronic Summons System Interest 35- 640 - 3415 -3005 $ 4,000.00 35- 640 - 3415 -9015 40,000.00 35- 640 - 3415 -3415 43,862.00 35- 640 - 3415 -3416 138.00 350 Pursuant 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 �C " David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20" day of June, 2016. No. 40561-062016. AN ORDINANCE to increase the Roanoke City Public Schools transfer, Visit Virginia's Blue Ridge allocation, Health Maintenance Contract, Public Safety Off -Duty Earnings (Police and Sheriff) and Budget Contingency expenditures and to increase revenue budget estimates for Personal Property (Current and Delinquent) Taxes ,Public Service Corp — Real Estate, Sales Tax, Transient Occupancy Tax, Occupational Health Services, and Off -Duty Billings (Police and Sheriff) revenue, 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 Off -Duty Earnings (Sheriff) 01- 140- 2140 -1015 $ 3,700.00 Off -Duty Earnings (Jail) 01 -140- 3310 -1015 6,000.00 Transfer to Schools 01 -250- 9310 -9530 1,114,400.00 Visit Virginia's Blue Ridge 01- 300 - 7220 -3702 41,000.00 Budget Contingency 01- 300 - 9410 -2199 1,644,600.00 Maintenance Third Party Contract 01- 340 - 1263 -3056 418,000.00 Off -Duty Earnings(Police 01- 640 - 3111 -1015 9,100.00 Administration) Off -Duty Earnings(Police Investigation) 01- 640 - 3112 -1015 14,800.00 Off -Duty Earnings (Police Patrol) 01- 640- 3113 -1015 99,300.00 Off -Duty Earnings (Police Training) 01- 640 - 3115 -1015 2,100.00 Revenues Personal Property (Current) Personal Property (Delinquent) Public Service Corp - Real Estate Sales Tax Transient Occupancy Tax Occupational Health Services Off -Duty Billings (Police) Off -Duty Billings (Sheriff) 351 01- 110 - 1234 -0130 1,700,000.00 01- 110 - 1234 -0134 01- 110 - 1234 -0140 01- 110 - 1234 -0201 01- 110 - 1234 -0225 01- 110 - 1234 -0884 01- 110 - 1234 -1298 01- 110 - 1234 -1313 200,000.00 500,000.00 300,000.00 100,000.00 418,000.00 125,300.00 9,700.00 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 Stephanie M. Moon Reyno , MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'" day of June, 2016. No. 40562-062016. AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Graybill Road Stormwater Drainage Improvements Project ('Project'); authorizing City staff to acquire such property rights by negotiation for the City; authorizing the City Manager to execute appropriate acquisition documents; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City wants and needs certain real property rights, to include permanent and /or temporary easements of variable length and width, and such other real property interests as needed, located in the general vicinity of the 1400 Block of Graybill Road, N. W., and 1300 and 1400 Blocks of Gilford Avenue, N. W., Roanoke, Virginia, within the Peachtree Norwood Neighborhood, and surrounding streets, all as more particularly described in the City Council Agenda Report dated June 20, 2016, in order to complete the Project. The proper City officials and City staff are hereby 352 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. 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 the City Manager may deem 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 Reynol s, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 201" day of June, 2016. No. 40563-062016. A RESOLUTION authorizing execution of an Agreement with Carillon Property Management in connection with the use of the Crystal Spring Garage, the Riverwalk Garage and parking spaces on Evans Mill Road during the 2016 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 Monday, July 4, 2016, in connection with the 2016 annual fireworks show, such Agreement including a hold harmless and 353 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 20, 2016. APPROVED ATTEST: Stephanie M. Moon Reyn s, MM David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 201" day of June, 2016. No. 40564-062016. AN ORDINANCE authorizing the proper City officials to execute an Agreement for Deferral of Certain Performance Obligations (Deferral Agreement) with South Commonwealth Partners, LLC, in regards to the Performance Agreement for Hotel Development, Construction, Operation, and Maintenance (Performance Agreement) between the City of Roanoke (City) and South Commonwealth Partners, LLC, in connection with the development of certain portions of property located at 25 Church Avenue, S. E., Roanoke, Virginia 24011 for the construction and operation of a hotel (Hotel) upon certain conditions; 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 Deferral Agreement; and dispensing with the second reading of this Ordinance by title. WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 39828- 121613, adopted on December 16, 2013, in which the Council approved the terms of a Performance Agreement between the City and South Commonwealth Partners, LLC, pursuant to which Performance Agreement South Commonwealth Partners, LLC, agreed to (i) construct the Hotel and complete construction of the Hotel, (ii) obtain a permanent Certificate of Occupancy within 30 days after the Construction Completion Date that authorizes South Commonwealth Partners, LLC, to conduct Hotel Business, and (iii) open the Hotel for Hotel Business by June 30, 2016; 354 WHEREAS, in the event that South Commonwealth Partners, LLC, failed to commence Hotel Business by June 30, 2016, South Commonwealth Partners, LLC, would be in default under the terms of the Performance Agreement and would be obligated to pay to the City liquidated damages of $250.00 for each day, beginning July 1, 2016, that the Hotel is not open for Hotel Business (Hotel Opening Liquidated Damages); WHEREAS, the City and South Commonwealth Partners, LLC, executed the Performance Agreement which was dated December 18, 2013; WHEREAS, South Commonwealth Partners, LLC, has diligently pursued construction of the Hotel, but has experienced some delays in completing the construction in accordance with the terms of the Performance Agreement; WHEREAS, South Commonwealth Partners, LLC, has requested a deferral of the Hotel Opening Liquidated Damages, the specifics of which are outlined in the Deferral Agreement, a copy of which is attached to the City Council Agenda Report dated June 20, 2016; and WHEREAS, the Deferral Agreement proposes to defer the collection of Hotel Opening Liquidated Damages once South Commonwealth Partners, LLC, opens the Hotel for Hotel Business under a temporary certificate of occupancy and until October 31, 2016; provided South Commonwealth Partners, LLC, satisfies several specific obligations, which are detailed in the above referenced Agenda Report. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the terms of the Deferral Agreement as set forth in the City Council Agenda Report dated June 20, 2016, which Deferral Agreement provides for certain undertakings and obligations by South Commonwealth Partners, LLC. 2. The City Manager is hereby authorized on behalf of the City to execute the Deferral Agreement between the City and South Commonwealth Partners, LLC, upon certain terms and conditions as set forth in the City Council Agenda Report dated June 20, 2016. The Deferral Agreement shall be substantially similar to the one attached to such Agenda Report and in a form approved by the City Attorney. 3. The City Manager is further authorized to negotiate, execute, deliver, and implement such further documents and agreements and take such further actions as may be necessary to implement, administer, and enforce such Deferral Agreement. Such other documents shall be in a form approved by the City Attorney. 355 4. Pursuant to the provisions of §12 the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC David . Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20" day of June, 2016. No. 40565- 062016. AN ORDINANCE authorizing the proper City officials to issue and execute an Amendment No. 1 to the Performance Agreement Regarding Operation Period Economic Development Grant (Original EDA Operation Grant Agreement) among the City of Roanoke (City), the Economic Development Authority of the City of Roanoke, Virginia, (EDA), and South Commonwealth Partners, LLC, (Amendment No. 1), that provides for grants not to exceed a total of $1,500,000.00 subject to certain undertakings and obligations by the parties in connection with the development of certain portions of property located at 25 Church Avenue, S. E., Roanoke, Virginia 24011 for the construction and operation of a hotel (Project); authorizing the City Manager to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Amendment No. 1; and dispensing with the second reading of this Ordinance by title. WHEREAS, South Commonwealth Partners, LLC, has diligently pursued construction of the Project and is unable to satisfy certain requirements for completion of the Project in accordance with the performance schedule set forth in the Original EDA Operation Grant Agreement, all as set forth in the City Council Agenda Report dated June 20, 2016; WHEREAS, South Commonwealth Partners, LLC, has requested the Original EDA Operation Grant Agreement be amended to provide South Commonwealth Partners, LLC, with deferral of certain obligations, which are outlined in Amendment No. 1, a copy of which is attached to the above referenced Agenda Report; WHEREAS, Amendment No. 1 amends certain obligations of South Commonwealth Partners, LLC, currently under the Original EDA Operation Grant Agreement that are detailed in the above referenced Agenda Report; and 356 WHEREAS, the City and the EDA wish to encourage South Commonwealth Partners, LLC, to complete the Project in order to enhance and promote economic development within the City and the Roanoke Region. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council finds that the proposed Amendment No. 1 will encourage South Commonwealth Partners, LLC to complete the Project in a timely manner and completion of the Project will enhance and promote economic development within the City and the Roanoke Region. City Council hereby approves the terms of Amendment No. 1 among the City, the EDA, and South Commonwealth Partners, LLC, as set forth in the attachment to the City Council Agenda Report dated June 20, 2016, which provides for certain undertakings and obligations by South Commonwealth Partners, LLC. 2. The City Manager is hereby authorized on behalf of the City to execute Amendment No. 1 among the City, the EDA, and South Commonwealth Partners, LLC, upon certain terms and conditions as set forth in the City Council Agenda Report dated June 20, 2016. Amendment No. 1 shall be substantially similar to the one attached to such Agenda Report and in a form approved by the City Attorney. Such Amendment No. 1 will also be subject to the approval of the EDA. 3. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Amendment No. 1. Such other documents shall be in a form approved by the City Attorney. 4. Pursuant to the provisions of §12 the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reyno , MM � David A. Bowers City Clerk Mayor 357 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 201" day of June, 2016, No. 40566-062016, AN ORDINANCE amending and reordaining Section 2 -121, Authority to transfer funds, of Article V, City Manager, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, to provide for the authorization of the City Manager to transfer funds; 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. Section 2 -121, Authority to transfer funds, of Article V, City Manager, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: §2 -121. Authority to transfer funds. NOWNWINIM The city manager may make or cause to be made transfers of any amount within or between funds during the fiscal year and after June 30'h to ensure proper expenditure reporting and budgetary controls for the prior fiscal year. The Director of finance shall report to city council on a quarterly basis transfers in excess of $100,000 between funds, as well as between project and program accounts in the capital project fund and grant fund. 2. This Ordinance shall be in full force and effect on and after July 1, 2016. 358 3. Pursuant to §12 of the Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Ste M Moon ReynoMMM� David A. goveU e s' City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 201" day of June, 2016. No. 40567-062016. A RESOLUTION authorizing the City Manager to submit an application to the Department of Housing and Urban Development's Choice Neighborhoods Implementation Grant Program for an amount not to exceed $30,000,000.00; and authorizing the City Manager to take additional actions in connection with such application. WHEREAS, in 2016, the Department of Housing and Urban Development ( "HUD ") published a Notice of Funding Availability to interested parties, local governments, and local housing authorities, identifying the timeline and procedures for the development and receipt of applications to the Choice Neighborhoods Implementation Grant Program ( "Program "); WHEREAS, in October, 2012, the Roanoke Redevelopment and Housing Authority ( "RRHA ") received a HUD Choice Neighborhoods Initiative Planning Grant to create a Transformation Plan for the Loudon - Melrose /Shenandoah West neighborhoods; WHEREAS, the RRHA's Transformation Plan is the framework around which the City of Roanoke's application to the Program has been developed; 359 WHEREAS, the guidelines for the Program require that the Program fund three basic areas of improvement, as more fully set forth in the City Council Agenda Report dated June 20, 2016; and WHEREAS, there is a five percent (5 %) minimum threshold funding match requirement for the Program which may be met by cash or in -kind donations. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Council hereby authorizes the City Manager to submit an application for the Department of Housing and Urban Development's Choice Neighborhoods Implementation Grant Program for an amount not to exceed $30,000,000.00, as more fully set forth in the City Council Agenda Report dated June 20, 2016. 2. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, for and on behalf of the City, any and all requisite documents in connection with such application, such documents to be approved as to form by the City Attorney, and to take any other actions to respond to any inquiries or provide supplemental information. APPROVED ATTEST: Stephanie M. Moon Reyn ds, MC David A. Bowers City Clerk Mayor 360 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 201" day of June, 2016. No. 40568-062016. AN ORDINANCE authorizing the proper City officials to issue and execute an Amendment No. 2 to the Performance Agreement dated July 1, 2012, as amended (Performance Agreement) among the City of Roanoke (City), the Economic Development Authority of the City of Roanoke, Virginia, (EDA), and Ivy View, LLC (Ivy View), (Amendment No. 2), that provides for (a) the City and EDA to waive certain defaults in the Performance Agreement, (b) Ivy View to apply for a grant for the grant year of July 1, 2015 through June 30, 2016; and (c) the termination of the Performance Agreement under which termination Ivy View will have no further rights thereunder; authorizing the City Manager to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Amendment No. 2; and dispensing with the second reading of this Ordinance by title. WHEREAS, Ivy View, the City and the EDA entered into a Performance Agreement dated July 1, 2012; pursuant to which Ivy View agreed to construct certain improvements and undertake and perform certain obligations with respect to a retail development project originally known as 'Ivy Market' (Project) and which Project is comprised of several parcels of real property located at the northwest corner of Wonju Street and Franklin Road, S.W., in Roanoke, Virginia and identified as Official Tax Map No. 1272505 (currently used and occupied as a Walgreens Drug Store); Official Tax Map No. 1272504 (currently an Ambulatory Specialty Clinic); Official Tax Map No. 1150109 (currently owned and occupied for the construction and development of a Mellow Mushroom restaurant); and Official Tax Map Nos. 1150106, 1150113, 1150112, 1150102, 1150104, and 1150108 (each of which parcels are vacant); WHEREAS, Ivy View, the City, and the EDA amended the Performance Agreement pursuant to Amendment No. 1 dated February 26, 2014 to accommodate the request of Ivy View to amend the development plans for Phase I of the Project Site; reduce the total amount of the Grants available to Ivy View to an amount not to exceed $2,000,000.00; and establish additional performance standards and conditions upon Ivy View; all in accordance with the terms, conditions, and obligations of Amendment No. 1 to Performance Agreement dated July 1, 2012, by and among the City of Roanoke, Virginia, Ivy View, LLC, and the Economic Development Authority of the City of Roanoke, Virginia, (Amendment No. 1); 361 WHEREAS, pursuant to the terms of the Performance Agreement, as amended, Ivy View was required, (i) on or before December 31, 2015, to have the Ambulatory Specialty Clinic, as defined and described in the Performance Agreement, as amended, open to the public for business; and (ii) on or before July 1, 2016, to (a) develop or cause to be developed a restaurant or other commercial development containing at least 25,000 square feet of space; and (b) expend at least $3,000,000 in infrastructure improvements for Phase 2; WHEREAS, Ivy View has satisfied the requirements to have the Ambulatory Specialty Clinic open for business by December 31, 2015, and expend the sum of at least $3,000,000 for infrastructure improvements in Phase 2, but has not satisfied the requirement to have at least 25,000 square feet of space for restaurant or other commercial use available by July 1, 2016 (the restaurant under construction in Phase 2 contains approximately 6,100 square feet of space and will not be completed and open for business by July 1, 2016); WHEREAS, Ivy View has determined that Ivy View should market and sell the Project to another developer and Ivy View has entered into an agreement to sell the Project to Harbour Retail Partners Management, LLC and Harbour Retail Partners Management, LLC plans to assign this agreement to its special purpose entity, HRP Ivy View LLC; WHEREAS, based upon the substantial infrastructure improvements made in Phase 2, together with the development and operation of the Ambulatory Specialty Clinic and the construction of the restaurant, Ivy View has requested the City and EDA to waive the condition of Section 2 C of the Performance Agreement, as amended, to allow Ivy View to apply for one (1) additional Grant for the Grant Year of July 1, 2015, through June 30, 2016 and terminate the Performance Agreement, as amended, effective on June 30, 2016, and the City and the EDA are willing to allow Ivy View to seek one (1) additional Grant for the Grant Year of July 1, 2015 through June 30, 2016, in accordance with this Amendment No. 2; and WHEREAS, the City and the EDA wish to encourage Ivy View, LLC, and HRP Ivy View, LLC, to complete the Project in order to enhance and promote economic development within the City and the Roanoke Region. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 362 1. City Council finds that the proposed Amendment No. 2 will encourage Ivy View, LLC, Harbour Retail Partners Management, LLC, and its special purpose entity, HRP Ivy View, LLC to complete the Project in a timely manner and completion of the Project will enhance and promote economic development within the City and the Roanoke Region. City Council hereby approves the terms of Amendment No. 2 among the City, the EDA, and Ivy View, LLC, as set forth in the attachment to the City Council Agenda Report dated June 20, 2016, which provides for certain undertakings and obligations by Ivy View, LLC. 2. The City Manager is hereby authorized on behalf of the City to execute Amendment No. 2 among the City, the EDA, and Ivy View, LLC, upon certain terms and conditions as set forth in the City Council Agenda Report dated June 20, 2016. The Amendment No. 2 shall be substantially similar to the one attached to such Agenda Report and in a form approved by the City Attorney. Such Amendment No. 2 will also be subject to the approval of the EDA. 3. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Amendment No. 2. Such other documents shall be in a form approved by the City Attorney. 4. Pursuant to the provisions of §12 the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: j'y�1�� tills MM Stephanie M. Md6n Re�lds, MMC David A. Bowers City Clerk Mayor GeV IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 201" day of June, 2016. No. 40569-062016. AN ORDINANCE authorizing the proper City officials to execute a Performance Agreement among the City of Roanoke (City), the Economic Development Authority of the City of Roanoke, Virginia, (EDA), and HRP Ivy View, LLC, (HRP Ivy View), a special purpose entity to be formed by Harbour Retail Partners Management, LLC that provides for certain undertakings by the parties in connection with the continued development of certain property located at the northwest corner of Franklin Road and Wonju Street, S. W., in the City of Roanoke (Project); authorizing the City Manager to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Performance Agreement; and dispensing with the second reading of this Ordinance by title. WHEREAS, Harbour Retail Partners Management LLC has proposed the continued development of certain property located at the northwest corner of Franklin Road and Wonju Street, S. W. and Harbour Retail Partners Management LLC has entered into an agreement to purchase the Project from Ivy View, LLC, and Harbour Retail Partners Management LLC will form HRP Ivy View, as a Delaware limited liability company qualified to transact business in the Commonwealth of Virginia, and assign its rights under the agreement with Ivy View, LLC to HRP Ivy View; WHEREAS, such continued development of the site will require significant infrastructure cost and other costs for the continued development of the Project in order to attract high quality retail activity; WHEREAS, Harbour Retail Partners Management LLC has requested an annual economic development grant through the EDA to assist in the unusual expense for continued development of the Project for HRP Ivy View; WHEREAS, City staff has advised Council that such project will benefit economic development within the City and the Roanoke Region; and WHEREAS, the City and the EDA wish to encourage HRP Ivy View to complete the Project in order to enhance and promote economic development within the City and the Roanoke Region. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 364 1. City Council hereby approves the terms of the Performance Agreement among the City, the EDA, and HRP Ivy View, as set forth in the attachment to the City Council Agenda Report dated June 20, 2016, which provides for certain undertakings and obligations by HRP Ivy View, as well as certain undertakings by the City and the EDA. City Council further finds that the annual economic development grant provided for by the Performance Agreement will promote economic development within the City and the Roanoke Region and will be of economic benefit to the City and its citizens. 2. The City Manager is hereby authorized on behalf of the City to execute a Performance Agreement among the City, the EDA, and HRP Ivy View, upon certain terms and conditions as set forth in the above referenced Agenda Report. The Performance Agreement shall be substantially similar to the one attached to such Agenda Report and in a form approved by the City Attorney. 3. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Performance Agreement. 4. Pursuant to the provisions of §12 the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'" day of June, 2016. No. 40570 - 062016. A RESOLUTION pursuant to Chapter 748, Laws of 2016, Acts of Assembly designating Melinda Butler Mayo, Communications and Media Officer as the City of Roanoke's Freedom of Information Act officer; authorizing the City Manager to enter into Memoranda of Understanding with each constitutional officer to allow Ms. Mayo to serve as FOIA officer for such constitutional officers; and providing for an effective date. 365 WHEREAS during its 2016 Session, the General Assembly passed House Bill 818 requiring each locality with more than 250 residents to designate and publicly identify one or more Freedom of Information Act officers (FOIA officer); WHEREAS, the FOIA officer will be responsible to serve as a point of contact for members of the public in requesting public records and to coordinate the public body's compliance with the Freedom of Information Act. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Melinda Butler Mayo is hereby designated as the City of Roanoke's Freedom of Information Act Officer. 2. The City Manager is hereby authorized to enter into enter into Memoranda of Understanding with each constitutional officer to allow Ms. Mayo to serve as FOIA officer for such constitutional officers as more fully set out in the City Council Agenda Report dated June 20, 2016. 3. This Resolution shall be in full force and effect on and after July 1, 2016. APPROVED ATTEST: Stephanie M. Moon Reynolds, C , (1 \ David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2& day of June, 2016. No. 40571-062016. AN ORDINANCE amending and reordaining Section 22.3- 27(j), 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; 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: 366 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 member's contribution account. All member contributions and interest allowances shall be credited to the member contribution account. Accumulated contributions required to be returned to the member or required to be paid on account of the member's death shall be paid from the member contribution account. Beginning July 1, 2015, the member contribution account of each active member shall be credited with interest at a rate of three percent (3 %) annually. Beginning on July 1, 2017, and continuing thereafter until modified by City Council., Aas of each June 30, the member contribution account of each active member shall be credited with interest at a rate of two percent (2 %) annually to be determined annually by- the - council. tntina4y, the rate -shall be, three (3) percent- annuatly. Interest shall accrue on any contribution beginning on the first day of the fiscal year following the year in which the contribution was made. No interest shall be credited to the member contribution account after the effective date of the member's retirement. 2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. 3. This ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: Stephanie M. Moon Reynolds, C David A. Bowers City Clerk Mayor 367 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 201" day of June, 2016. No. 40572-062016. AN ORDINANCE amending and reordaining, Section 22.3 -78 (b) and (e), Administration and Investment, Article XIV, Defined Contribution Plan, Chapter 22.3 Pensions and Retirement, Code of the City of Roanoke (1979) as amended, providing for an effective date; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 22.3 -78, Administration and Investment, Article XIV, Defined Contribution Plan, Chapter 22.3, Code of the City of Roanoke (1979) as amended, is hereby amended and reordained to read and provide as follows: Sec. 22.3 -78. Administration and Investment (b) The defined contribution board shall be appointed by city council and shall consist of five (5) members as follows: the assistant city manager of operations, ex- officio; the director of finance, ex- officio; the director of human resources, ex- officio; and two (2) members appointed by the assistant city manager of operations, who shall not be the director of finance. The members designated by the assistant city manager of operations shall serve terms of four (4) years (e) The defined contribution board shall develop an investment policy and provide a broad array of investment options into which participants in the defined contribution plan may direct the investments of their accounts. 2. This ordinance shall become effective on and after July 1, 2016. OF; 3. Pursuant to Section 12 of the Roanoke City Charter, the second reading by title of this ordinance is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reynol M David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 201h day of June, 2016. No. 40573-062016. AN ORDINANCE to appropriate funding from the Commonwealth grants 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 Instruction - Teacher Payment of Joint Operations Social Security 302 - 191 -1302- 0553 -325K- 61100 - 41121 -3 -02 302 - 191 - 1302 - 0553 -325K- 61100 - 42201 -3 -02 302 - 191- 0000 - 0553 -325K- 61100- 47701 -9 -02 $ 2,247.00 4,056.00 Revenues State Grant 302 - 000 - 0000 - 0553 -325K- 00000- 32272 -0 -00 6,489.00 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 Reynol MC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 201h day of June, 2016. No. 40574- 062016. AN ORDINANCE to adopt an amendment to the 2016 - 2017 School Board Categorical Budget, amending and reordaining certain sections of the School General Fund Appropriation and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2016 - 2017 School General Fund Appropriation be, and the same are hereby, amended and reordained to read and provide as follows: School General Fund Appropriations Revenue Fund Balance $ 993,829.00 338, 520.00 (655,309.00) 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 370 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'" day of June, 2016. No. 40575-062016. AN ORDINANCE amending and reordaining Ordinance No. 40501 - 050916 to amend the salary of the City Manager, Christopher P. Morrill and dispensing with the second reading of this ordinance by title. WHEREAS, the City Council adopted Ordinance No. 40501- 050916 on May 9, 2016, to establish the pay of the City's employees effective July 1, 2016; and WHEREAS, the personnel committee has recommended that the City Council increase the compensation of the City Manager by (i) increasing the annual salary of the City Manager from $200,886.86 as set forth in paragraph No. 5 of Ordinance No. 40501 - 050916 to a new annual salary of $210,886.86; and (ii) increasing the amount of the employer contribution paid by the City on behalf of the City Manager to the deferred compensation plan established pursuant to Internal Revenue Code Section 401(a) from $15,000.00 per calendar year, as set forth in paragraph No. 8 of Ordinance No. 40501- 050916, to $20,000.00 per calendar year. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby amends and reordains Ordinance No. 40501 - 050916, to increase the annual salary of the City Manager, Christopher P. Morrill from $200,886.86 to a new annual salary of $210,886.86; and (ii) increase the amount of the employer contribution paid by the City on behalf of the City Manager to the deferred compensation plan established pursuant to Internal Revenue Code Section 401(a) from $15,000.00 per calendar year, as originally set forth in paragraph No. 8 of Ordinance No. 40501 - 050916 to $20,000.00 per calendar year. 2. Except as specifically amended by this ordinance all other terms and conditions contained in Ordinance No. 40501 - 050916 shall be in full force and effect on and after July 1, 2016. 3. Likewise, the provisions of this ordinance shall be in full force and effect on and after July 1, 2016. 371 4. Pursuant to Section 12 of the Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. F,j-j-J.7r*7Wdrs, ATTEST: Stephanie M. Moon Reynolds, MC David A. Bowers City Clerk Mayor 372 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5`" day of July, 2016. No. 40576-070516. A RESOLUTION recognizing the Honorable Sherman P. Lea, Sr., as Mayor of the City of Roanoke. WHEREAS, the Honorable Sherman P. Lea, Sr., was elected Mayor for a four - year term, which will commence July 1, 2016, at the regular Councilmanic election held on the first Tuesday in May, 2016. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Honorable Sherman P. Lea, Sr., be, and he is, hereby recognized to be a duly elected Mayor of the City of Roanoke for a term commencing on the 1" day of July, 2016, and continuing for a period of four years, and until his successor shall have been elected and qualified. APPROVED ATTEST: Stephanie M. Moon Reyno ds, M Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5U day of July, 2016. No. 40577- 070516. A RESOLUTION recognizing the Honorable Anita J. Price to be a member of the City Council and Vice -Mayor of the City of Roanoke. WHEREAS, the Honorable Anita J. Price received the largest number of votes of any candidate running for City Council in the regular Councilmanic election held on the first Tuesday in May, 2016, and was, therefore, elected Vice -Mayor of the City for a two - year term, which will commence July 1, 2016, as provided by §4 of the Charter of the City of Roanoke. 373 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Honorable Anita J. Price be, and she is, hereby recognized to be a duly elected member of the Council of said City for a term commencing on the 1" day of July, 2016, and continuing for a period of four years, and until her successor shall have been elected and qualified, and to be the duly elected Vice -Mayor of the City for a term commencing July 1, 2016, and continuing for a period of two years and until her successor shall have been elected and qualified. APPROVED ATTEST: Stephanie M. Moon Reyno s, MMC SKerman P. Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5" day of July, 2016. No. 40578- 070516. A RESOLUTION paying tribute to the Honorable David B. Trinkle, and expressing to him the appreciation of the City and its people for his exemplary public service as the Vice -Mayor of the City of Roanoke. WHEREAS, Dr. Trinkle was elected as Vice -Mayor in May 2014; and WHEREAS, Dr. Trinkle has worked diligently as vice -chair of the Personnel Committee, President of the Greater Roanoke Transit Company, Council's Legislative Committee, and Council Representative on the Hotel Roanoke Conference Center Commission. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1 Council adopts this Resolution as a means of recognizing and commending the many services rendered to the City of Roanoke and its people by the Honorable David B. Trinkle, as Vice - Mayor. +r 2. The City Clerk is directed to forward an attested copy of this Resolution to theHonorable David B. Trinkle. APPROVED ATTEST: M.1 JL � ;. Stephanie M. Moon Reynol , MMC Sh e P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5" day of July, 2016. No. 40579-070516. A RESOLUTION establishing a meeting schedule for City Council for the Fiscal Year commencing July 1, 2016, and terminating June 30, 2017. 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, 2016, and terminating June 30, 2017. 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 organizational meeting of City Council on the first meeting in July, 2016, shall commence at 2:00 p.m. and immediately following, Council shall take up the regular agenda. 375 (b) Unless otherwise provided by resolution of Council, each regular meeting on the third Monday in each month shall commence at 2:00 p.m. for the conduct of regular business. The second meeting of each month shall be recessed upon the completion of all business except the conduct of public hearings, and such meeting shall be reconvened at 7:00 p.m. on the same day for the conduct of public hearings. 3. When any regularly scheduled Monday meeting shall fall on a holiday of the City, such meeting shall be held on Tuesday next following. 4. All meetings of City Council shall be automatically adjourned at 11:00 p.m., unless a motion setting a new time for adjournment be made, seconded, and unanimously carried. 5. All regular meetings of City Council shall be held in the Council 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 1, 2016, which shall be held at Round Hill Elementary School Cafeteria, 2020 Oakland Boulevard, Roanoke, Virginia 24012 at 9:00 a.m.. 6. City Council may prescribe a day or time other than that established by this resolution or a meeting place other than that established by this resolution by adoption of a resolution establishing a new meeting day, place or time. City Council shall cause a copy of such resolution to be posted adjacent to the door of the Council Chambers and inserted in a newspaper having general circulation in the City at least seven days prior to the date of the meeting at such amended day, time or place 7. This Resolution shall have no application to special meetings of City Council called pursuant to 1 10 of the City Charter. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC Sherman P. Lea, Sr. City Clerk Mayor 376 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5" day of July, 2016. No. 40580-070516. 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 third 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., in an amount not to exceed an additional $122,744.00, including an Amendment in the amount of $112,744.00, for additional professional services for the third year of the City's Transportation Structures Inspection Program (2014- 2018), which provides for additional engineering services to decommission the Norfolk Avenue bridge structure at Hollins Road, all as more fully set forth in the City Council Agenda Report dated July 5, 2016. 2. The form of such Amendments and any additional 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 $122,744.00, 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 ATTE Stephanie M. Mr oon Rey V s, Wll�jc Sherman P. Lea, Sr. City Clerk Mayor 377 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5" day of July, 2016. No. 40581-070516. A RESOLUTION authorizing the City Manager's issuance and execution of additional amendments to the City's Contract with Mattern & Craig, Inc., for additional professional services for the third year of the City's Transportation Structures Inspection Program (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 amended, 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., in an amount not to exceed an additional $104,394.25, including an Amendment in the amount of $94,394.25, for additional professional services for the third year of the City's Transportation Structures Inspection Program (2014 - 2018), all as more fully set forth in the City Council Agenda Report dated July 5, 2016. 2. The form of such Amendment and any additional amendments shall be approved by the City Attorney, 3. This Amendment and such additional amendments, shall provide authorization for additions to the work, with an increase in the amount of the Contract, and provide that the total amount of this Amendment and such other amendments will not exceed an additional $104,394.25, all as set forth in the above mentioned City Council Agenda Report. 378 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 the Contract, as amended by this Amendment and any such additional amendments. Such documents shall be approved as to form by the City Attorney. APPROVED ATTEST: Stephanie M. Moon 'Reyhel0s 4. Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 51" day of July, 2016. No. 40582 - 070516. AN ORDINANCE approving certain changes and modifications to the Contract for Purchase and Sale of Real Property dated February 28, 2014, by and between the City of Roanoke, Virginia, and Northwest Recreation Club, Inc., as amended by Amendment No. 1 dated October 19, 2015 ( "Contract'), and under the terms of the Contract, Northwest Recreation Club, Inc. assigned its rights and obligations as buyer to Countryside Sportsplex, Inc. ( "Countryside "), to extend the time Countryside has to meet certain performance obligations and conditions imposed on Countryside under the terms of the Contract; authorizing the City Manager to execute Amendment No. 2 to the Contract to provide for such extension of time; and dispensing with the second reading of this Ordinance by title. WHEREAS, the City, as seller, and Northwest Recreation Club, Inc., as buyer ('Buyer") entered into the Contract for the sale of certain City -owned property fronting along Highland Farm Road, N. W., Roanoke, Virginia, not to exceed the amount of 3.60 acres, which property included a former tennis facility building ('Property "), as authorized by Ordinance No. 39868 - 021814, adopted by City Council on February 18, 2014; WHEREAS, the Contract originally provided that all proposed improvements for the Buyer's contemplated use of the Property would be completed within 450 days after the real estate closing date; M WHEREAS, by Agreement dated June 27, 2014, the Buyer assigned all of its rights and obligations under the Contract to Countryside; WHEREAS, the City and Countryside closed the Property on July 30, 2014; WHEREAS, Countryside, informed the City that it encountered several delays in completing the proposed improvements on the Property pursuant to the terms of the Contract as a result of many issues it encountered, including drainage issues at the Property, and requested that the City amend the Contract to extend the time Countryside has to complete the performance obligations and conditions under the terms of the Contract, including completing the proposed improvements on the Property, from 450 days after the closing date until a date no later than July 29, 2016; WHEREAS, Council adopted Ordinance No. 40360 - 100815 on October 8, 2015, and authorized execution of Amendment No. 1 to extend completion of the performance obligations until July 29, 2016; WHEREAS, Countryside, has informed the City that it has encountered several delays in completing the proposed improvements on the Property pursuant to the terms of the Contract as a result of many issues it has encountered, including delays in completion of design in order to obtain permits, unforeseen site utility connection conditions and weather delays issues at the Property, and requested that the City amend the Contract to extend the time Countryside has to complete the performance obligations and conditions under the terms of the Contract, including completing the proposed improvements on the Property, from July 29, 2016, to December 30, 2016; and WHEREAS, City staff recommends that City Council authorize such Amendment No. 2. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the changes and modifications to the Contract to extend the time Countryside has to complete the performance obligations and conditions under the Contract, including completing the proposed improvements on the Property, from July 29, 2016, until on or before December 30, 2016; upon such other terms as more fully described in the City Council Agenda Report dated July 5, 2016, to this Council, and the proposed Amendment No. 2, which is an attachment to such Report. •e • 2. The City Manager is hereby authorized to execute Amendment No. 2 to the Contract, substantially similar to Amendment No.2 attached to the City Council Agenda Report dated July 5, 2016, to provide for such extension of time, and to take such additional actions as may be necessary to provide for the implementation, administration, and enforcement of Amendment No. 2. All 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: Stephanie M. Moon Reynolds, MM Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5" day of July, 2016. No. 40583-070516. AN ORDINANCE to readopt and reenact the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading of this ordinance by title. WHEREAS, by Ordinance No. 25043, adopted April 7, 1980, this Council adopted and enacted a new code for the City of Roanoke entitled the Code of the City of Roanoke (1979) (hereinafter sometimes referred to as the "City Code "); WHEREAS, such Code, as amended, contains certain provisions which incorporate by reference portions of the Code of Virginia (1950), as amended, (hereinafter "State Code "); WHEREAS, from time to time, certain of these State Code sections which are incorporated by reference in the City Code have been amended by the General Assembly; WHEREAS, such amendments are a matter of public record which are set forth in the Acts of Assembly and supplements and replacement volumes of the State Code; and 381 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 Reyno M J4' City Clerk Sherman P. Lea, Sr. Mayor 382 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5" day of July, 2016. No. 40584-070516, AN ORDINANCE authorizing the conveyance of a permanent water line easement and a temporary construction easement across City -owned property located at 2020 Oakland Blvd., N. W., designated as Roanoke Official Tax Map No. 2250102, to the Western Virginia Water 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 20' permanent water line easement and a 10' temporary construction easement across City -owned property located at 2020 Oakland Blvd., N. W., designated as Roanoke Official Tax Map No. 2250102, to the Western Virginia Water Authority, for the installation, maintenance, and operation of a water line to connect to an existing water line located on Valley View, Blvd., N. W., in order to increase the water flow to the neighborhood and installation of a fire hydrant to serve Round Hill Elementary School, as more particularly set forth in the City Attorney's letter to City Council dated July 5, 2016. 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: N � M .urav Stephanie M. Moon Reynol s, City Clerk *Zrman P. Lea, Sr. Mayor �0 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5'" day of July, 2016 No. 40585-070516. AN ORDINANCE repealing Ordinance No. 40575- 062016, adopted June 20, 2016; amending and reordaining Ordinance No, 40501 - 050916, adopted May 9, 2016, to adjust the City Manager's compensation by amending the salary of Christopher P. Morrill and amending the employer contribution paid by the City on behalf of the City Manager to the deferred compensation plan established pursuant to Internal Revenue Code Section 401(a); establishing an effective date of July 1, 2016; and dispensing with the second reading of this ordinance by title. WHEREAS, the City Council adopted Ordinance No. 40501 - 050916 on May 9, 2016, to establish the pay of the City's employees effective July 1, 2016; WHEREAS, the personnel committee has recommended that City Council increase the compensation of the City Manager by (i) increasing the annual salary of the City Manager from $200,886.86 as set forth in paragraph No. 5 of Ordinance No. 40501 - 050916 to a new annual salary of $210,886.86; and (ii) increasing the amount of the employer contribution paid by the City on behalf of the City Manager to the deferred compensation plan established pursuant to Internal Revenue Code Section 401(a) from $15,000.00 per calendar year, as set forth in paragraph No. 8 of Ordinance No. 40501- 050916, to $20,000.00 per calendar year. WHEREAS, City Council adopted Ordinance No. 40575- 062016, on June 20, 2016, to implement the recommendation of the personnel committee although the title paragraph of Ordinance No. 40575- 062016 did not fully state the purpose of the intended action taken by City Council; and WHEREAS, City Council desires to repeal Ordinance No. 40575- 062016 and replace that ordinance with this Ordinance with an effective date of July 1, 2016. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows, - - Ordinance No. 40575- 062016 is hereby REPEALED. • 2. City Council hereby amends and reordains Ordinance No. 40501- 050916, to increase the annual compensation of the City Manager, Christopher P. Morrill by (i) increasing his salary from $200,886.86 to a new annual salary of $210,886.86; and (ii) increasing the amount of the employer contribution paid by the City on behalf of the City Manager to the deferred compensation plan established pursuant to Internal Revenue Code Section 401(a) from $15,000 per calendar year, as set forth in paragraph No. 8 of Ordinance No. 40501 - 050916 to $20,000 per calendar year. 3. Except as specifically amended by this ordinance all other terms and conditions contained in Ordinance No. 40501 - 050916 shall be in full force and effect, retroactively, on and after July 1, 2016. 4. This ordinance shall be in full force and effect, retroactively to July 1, 2016. 5. 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 Reynolds, C Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 181" day of July, 2016. No. 40586 - 071816. A RESOLUTION authorizing the acceptance of a grant from the Foundation for Roanoke Valley to the City of Roanoke on behalf of the City's Department of Social Services (DSS), to be used for expenses related to the Bridges Out of Poverty Workshop ( "Workshop "), and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts a grant from the Foundation for Roanoke Valley to the City of Roanoke, on behalf of DSS, in the amount of $9,970.00, with no local match from the City, to be used to pay for costs and expenses in connection with the Workshop, sponsored by DSS in collaboration with the Juvenile and 385 Domestic Relations Court, to be held on October 10, 2016, and designed to increase the effectiveness of community members and service providers in working together to reach the desired outcomes of safe, stable and healthy families and children, as more particularly set forth in the City Council Agenda Report dated July 18, 2016. 2. The City Manager is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of these funds, and to furnish such additional information as may be required in connection with the City's acceptance of the grant funds. All such documents shall be approved as to form by the City Attorney. APPROVED ATTEST: Qtr Stephanie M. Moon Rey ds, C Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1" day of August, 2016. No. 40587 - 080116. AN ORDINANCE appropriating funding from the Foundation for Roanoke Valley for a Bridges Out of Poverty workshop, amending and reordaining certain sections of the 2016 - 2017 Grant Fund Appropriations. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2016 - 2017 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: i• Appropriations Professional Fees 35- 630 - 8315 -2010 $ 9,970.00 Revenues Bridges Out of Poverty FY17 35- 630 - 8315 -8315 9,970.00 APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 151 day of August, 2016. No. 40588- 080116. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a parcel of City -owned property, being approximately 0.46 acres, located along Jae Valley Road, in Roanoke County, Virginia, designated as Roanoke County Tax Map No. 089.00- 01 -22, to the Commonwealth of Virginia Department of Transportation (VDOT), upon certain terms and conditions; and dispensing with the second reading of this Ordinance by title. WHEREAS, a public hearing was held on August 1, 2016, pursuant to § §15.21800 and 15.2 -1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of the City, to execute the necessary documents providing for the conveyance of a parcel of City - owned property, being approximately 0.46 acres, located along Jae Valley Road, in Roanoke County, Virginia, and designated as Roanoke County Tax Map No. 089.00 -01- 22, to VDOT, to be used by VDOT for the construction, maintenance and /or operation of the Route 116 public transportation facility to be located in Roanoke County, Virginia, for the purchase price of $6,300.00, upon certain terms and conditions, and as more particularly stated in the City Council Agenda Report dated August 1, 2016. 387 2 All documents necessary for this conveyance shall be in form approved by the City Attorney. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1" day of August, 2016. No. 40589- 080116. A RESOLUTION authorizing acceptance of a donation from Firehouse Subs Public Safety Foundation, to the Roanoke City Police Department for at least three Automated External Defibulators, and authorizing execution of any and all necessary documents to accept the donation. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized on behalf of the City to accept from Firehouse Subs Public Safety Foundation, a donation to the Roanoke City Police Department for least three Automated External Defibulators, valued at approximately $1,700.00 each, as more particularly set forth in the City Council Agenda Report dated August 1, 2016. 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 donation, such documents to be approved as to form by the City Attorney, 3. This Council wishes to express its appreciation and that of the citizens of the City of Roanoke to Firehouse Subs Public Safety Foundation, for their generous donation to the Roanoke City Police Department as described above. rp • •% 4. The City Clerk is directed to transmit a copy of this Resolution to Firehouse Subs Public Safety Foundation, expressing the City's appreciation for its donation. pX � gATTEST: Stephanie M. Moon Reynolds, MIMIC Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1" day of August, 2016. No. 40590-080116. A RESOLUTION authorizing acceptance of a donation of fourteen (14) works of art from the Estate of William and Mary Jane Burtch to the City of Roanoke and authorizing execution of any and all necessary documents to accept the donations. 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 Estate of William and Mary Jane Burtch the donation to the City of Roanoke of fourteen (14) works of art created by Mrs. Burtch, valued at approximately $15,000.00, as more particularly set forth in the City Council Agenda Report dated August 1, 2016. 2. The City Manager is hereby authorized to execute for and on behalf of the City any and all requisite documents pertaining to the City's acceptance of the donation, such documents to be approved as to form by the City Attorney. 3. This Council wishes to express its appreciation to the Estate of William and Mary Jane Burtch for their generous donation to the City of Roanoke as described above. • 4. The City Clerk is directed to transmit a copy of this Resolution to the Estate of William and Mary Jane Burtch, expressing the City's appreciation for its donation. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1" day of August, 2016. No. 40591-080116. A RESOLUTION accepting the Virginia Department of Transportation's (VDOT) award to the City in the total amount of $4,176,624.00 for the Colonial Avenue Improvements project; authorizing the City Manager to execute a VDOT Standard Project Administration Agreement for Federal -aid Projects and Appendix A for the Highway Safety Improvement Program ( "HSIP "); and authorizing the City Manager to take certain other actions in connection with the above matters and project. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the VDOT award in the total amount of $4,176,624.00 for the Colonial Avenue Improvements project, with a required local match of $1,037,514.00 from the City, for the streetscape improvements consisting of new bicycle and pedestrian infrastructure, as well as intersection improvements in the vicinity of Fishburn Park Elementary School and Virginia Western Community College on Colonial Avenue from Overland Road to Winding Way Road, all as more fully set forth in the City Council Agenda Report dated August 1, 2016. 2. The City Manager is hereby authorized to execute a VDOT Standard Project Administration Agreement for Federal -aid Projects and Appendix A, substantially similar to the one attached to the above mentioned City Council Agenda Report, as further set forth in such Agenda Report. Such Agreement shall be approved as to form by the City Attorney. 390 3. The City Manager is hereby authorized to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use such funds in the total amount of $4,176,624.00 from VDOT, together with $1,037,514.00 in City matching funds, for the above mentioned project, with any such documents to be approved as to form by the City Attorney. W � ATTEST: Stephanie M. Moon Reynolds, MIMIC Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1" day of August, 2016. No. 40592-080116. AN ORDINANCE to appropriate funding from the Virginia Department of Transportation Funds to the Colonial Avenue Improvements project, amending and reordaining certain sections of the 2016 - 2017 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 2016 - 2017 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from Federal Grant Funds Appropriated from Federal Grant Funds Appropriated from State Grant Funds Appropriated from Federal Grant Funds Revenues HSIP— Colonial Ave Improvements TA — Colonial Ave Improvements VDOT — Colonial Ave Improvements SS — Colonial Ave Improvements 08- 530 - 9458 -9002 $ 250,000.00 08 -530- 9458 -9002 458,814.00 08 -530- 9458 -9007 922,810.00 08- 530 - 9458 -9002 2,545,000.00 08- 530 - 9458 -9459 250,000.00 08- 530 - 9458 -9460 458,814.00 08 -530- 9458 -9458 922,810.00 08- 530 - 9458 -9461 2,545,000.00 391 Pursuant 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 Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1" day of August, 2016. No. 40593 - 080116. A RESOLUTION accepting a FY 2017 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 2017 Urban and Community Forestry Grant in the amount of $16,000.00, with a $14,302.00 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 1, 2016. 392 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 1, 2016, and any other documents necessary to accept and implement such grant, as more particularly set forth in the City Council Agenda Report dated August 1, 2016, such documents to be approved as to form by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: Stephanie M. Moon Reyno ds, MMC Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 v day of August, 2016, No. 40594-080116. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Urban and Community Forestry Grant, amending and reordaining certain sections of the 2016 - 2017 General and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2016 - 2017 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 ($13,286.00) FICA 01- 620 - 4340 -1120 (1,016.00) Transfer to Grant Fund 01- 250 - 9310 -9535 14,302.00 Grant Fund Appropriations Regular Employee Salaries 35- 620 - 4380 -1002 21,414.00 City Retirement 35- 620 - 4380 -1105 3,385.00 401 Health Savings Match 35- 620 - 4380 -1117 209.00 FICA 35- 620- 4380 -1120 1,638.00 Medical Insurance 35- 620 - 4380 -1125 3,024.00 Dental Insurance Life Insurance Revenues Urban Forestry Grant FY17 - Federal Urban Forestry Grant FY17 — Local Match 393 35- 620 - 4380 -1126 351.00 35- 620 - 4380 -1130 $ 281.00 35- 620 - 4380 -4380 16,000.00 35- 620 - 4381 -4381 14,302.00 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 Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The I" day of August, 2016. No. 40595-080116. AN ORDINANCE authorizing the City Manager to enter into an agreement by and between the City of Roanoke, the Roanoke Regional Airport Commission on behalf of the Roanoke - Blacksburg Regional Airport Police /Public Safety Department to clarify criminal investigation responsibilities and extend Airport Police authority to adjacent highways, upon certain terms and conditions, and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in a form approved by the City Attorney, an agreement by and between the City of Roanoke, the Roanoke Regional Airport Commission on behalf of the Roanoke - Blacksburg Regional Airport Police /Public Safety Department, to clarify criminal investigation responsibilities and extend Airport Police authority to adjacent highways upon such terms and conditions, and as are more particularly described in the City Council Agenda Report dated August 1, 2016. 394 2. Pursuant to Section 12, Roanoke City Charter, the second reading of this Ordinance by title is hereby dispensed with. I;� ATTEST: Stephanie M. Moon Reynolds, M Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 151 day of August, 2016. No. 40596-080116. A RESOLUTION authorizing the proper city officials to execute a Service Agreement (the "Service Agreement ") among the City of Roanoke and the City of Salem, Virginia (the "Cities "), Roanoke County, Virginia (the "County "), the Roanoke Valley Broadband Authority (the "RVBA "), and the Virginia Resources Authority ( "VRA "), and a First Amendment to Support Agreement (the "First Amendment ") among the ' Cities, the RVBA and VRA, subject to certain terms and conditions; and authorizing the City Manager to take certain other actions in connection with the Service Agreement and the First Amendment; and providing for an effective date. WHEREAS, heretofore, the City of Roanoke and the City of Salem, Virginia (the "Cities'), the RVBA and VRA executed a Support Agreement dated as of April 10, 2015 (the "2015 Support Agreement ") pursuant to which the Cities entered into non - binding obligations to consider certain appropriations in support of the RVBA's revenue bond in the original principal amount of $5,780,000.00 (the "Series 2015 Local Bond ") issued by the RVBA and sold to VRA pursuant to the terms of a Local Bond Sale and Financing Agreement dated as of April 10, 2015 between the RVBA and VRA (the "2015 Financing Agreement ") 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 "Original Project "); WHEREAS, RVBA has determined that, as allowed by Section 15.2 - 5431.11 of the Code of Virginia, 1950, as amended, it is in its best interest to design, construct and operate an approximately 25 -mile extension to the Original Project (the "Roanoke County Extension," and, with the Original Project, the "Project ") to be located mostly in the County and to issue its revenue bond in the original principal amount of 395 $3,000,000.00 plus amounts for a required Local Debt Service Reserve Fund, administrative costs and costs of issuance (the "Series 2016 Local Bond ") to be sold to VRA pursuant to the terms of a Local Bond Sale and Financing Agreement dated June 17, 2016 between the RVBA and VRA (the "2016 Financing Agreement" and, with the 2015 Financing Agreement, the "Financing Agreements "); WHEREAS, the Board of Supervisors of Roanoke County, Virginia, adopted on July 19, 2016 a resolution authorizing, among other things, the execution of an agreement providing for a non - binding obligation of the County to consider certain appropriations in support of the Series 2016 Local Bond and the Project to be memorialized in a support agreement (the "Roanoke County Support Agreement ") to be executed and delivered to VRA by the County; and WHEREAS, the Cities, VRA and the County have considered in the Service Agreement that the County's obligation under the Roanoke County Support Agreement will be limited to (1) the amount of the debt service on the Series 2016 Local Bond and (2) one -third (1 /3rd) of the Operation and Maintenance Expenses (as defined in the Financing Agreements) and other payments due and owing by the RVBA under the Financing Agreements, excluding the amount of the debt service on the Series 2015 Local Bond, and that the Cities' respective obligations under the 2015 Support Agreement, as amended by an amendment to the 2015 Support Agreement (the "First Amendment "), will each be limited to (1) one -half (1/2) of the debt service on the Series 2015 Local Bond and (2) one -third (1 /3rd) of the Operation and Maintenance Expenses and other payments due and owing by the RVBA under the Financing Agreements, excluding the debt service on the Series 2016 Local Bond, the form of which Service Agreement has been presented to this meeting. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, 1. City Council has determined it is in the best interests of the City of Roanoke and its citizens for the City of Roanoke to enter into the Service Agreement and the First Amendment to reflect that the non - binding obligations described in the above recitals will apply to the Series 2015 Local Bond and the Financing Agreements to reflect the issuance and sale of the Series 2016 Local Bond and the financing of the Roanoke County Extension. 2. The Mayor or City Manager, either of whom may act, are each hereby authorized to execute and deliver to the other parties thereto the Service Agreement and First Amendment substantially similar to the above mentioned Service Agreement and First Amendment, which documents are dated as of August 1, 2016, and City Council further approves such Service Agreement and First Amendment, 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 Service 396 Agreement and First Amendment by the Mayor or City Manager will be evidence of his approval of such completions, omissions, insertions or changes. The form of any such Service Agreement and First Amendment shall be approved as to form by the City Attorney. 3. As provided in the 2015 Support Agreement, as amended by the First Amendment (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 Virginia Code. In the event of the failure of the City of Roanoke 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 Virginia Code under which the Governor could cause the Comptroller to withhold all further payment to the City of Roanoke of funds appropriated and payable by the Commonwealth to the City of Roanoke 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 2015 Financing Agreement) to cover any Local Bond debt service payment then due and payable and due 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 Series 2015 Local Bond or the Series 2016 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. 397 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 be in full force and effect upon its passage. APPROVED ATTEST: d � 4 Stephanie M. Moon Reynolds, C Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1" day of August, 2016. No. 40597-080116. A RESOLUTION authorizing and directing the City Treasurer to refund an overpayment of an erroneous assessment of real estate taxes on real property located at 303 Jefferson Street, S. W., designated as Roanoke Official Tax Map No. 1011806 ('Property "), owned by IP Properties, LLC, for the 2015 -2016 tax year, in accordance with the provisions of Section 58.1- 3981(A) of the Code of Virginia (1950) as amended; reinstating the partial real estate tax exemption rehabilitation credit on the Property retroactive to July 1, 2015; and authorizing such tax refund to be applied by the City administratively in the form of a credit to the real estate taxes, including the special downtown assessment and stormwater fee, that become due on the Property commencing with the 2016 -2017 tax year; upon certain terms and conditions. WHEREAS, IP Properties, LLC applied for and received a partial real estate tax exemption rehabilitation credit on the Property commencing for tax year 2009 - 2010 for a period of ten (10) years; WHEREAS, pursuant to City Code, a partial real estate tax exemption rehabilitation credit may expire if a property owner fails to maintain the property in accordance with certain provisions of City Code, including the Zoning Ordinance, Chapter 36.2; • WHEREAS, the tax credit granted to the Property was terminated effective July 1, 2015, based on the fact that a tenant at the Property failed to pay its outdoor dining permit fee as required by Section 30 -9.1, Code of the City of Roanoke (1979), as amended, and that failure was coded as a violation of the City's Zoning Ordinance; and WHEREAS, the City's Commissioner of the Revenue has determined and certified, and the City Attorney consented to such certification, as further stated in the City Attorney's letter to this Council dated August 1, 2016, and the attachments to that letter, that an erroneous real estate tax assessment on the Property occurred because the violation of Section 30 -9.1 by the tenant was improperly coded as a violation of Chapter 36.2, and that improper coding resulted in the overpayment of the real estate taxes due the Property by the amount of $4,035.24., for the 2015 - 2016 tax year, and IP Properties, LLC is entitled to a refund of the same, and the Director of Real Estate Valuation has determined that as a result of such error, reinstatement of the partial real estate tax exemption rehabilitation credit on the Property, retroactive to July 1, 2015, is proper. 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 IP Properties, LLC, the amount of $4,035.24, which amount reflects the overpayment of real estate taxes made on the Property as a result of an erroneous assessment for the 2015 - 2016 tax year, without interest, which interest has been waived at the request of IP Properties, LLC, as further set forth in the City Attorney's letter to this Council, and the attachments to that letter. 2. The City Treasurer is authorized and directed to apply the balance of such refund administratively in the form of a credit to the real estate taxes, including the special downtown assessment and stormwater fee, that become due on the Property commencing with the 2016 - 2017 tax year, at the request of the property owner, as further set forth in the City Attorney's letter to this Council dated August 1, 2016. 3. The Director of Real Estate Valuation is authorized and directed to reinstate the partial real estate tax exemption rehabilitation credit on the Property pursuant to Section 32 -93 et seq., of the Code of the City of Roanoke (1979) as amended, retroactive to July 1, 2015. 399 4. The proper City officials are authorized to take such other actions as may be necessary to implement, administer, and enforce the correction of the assessment of the Property, refund and credit such overpayment of taxes, and reinstate the partial real estate tax exemption rehabilitation credit on the Property, retroactive to July 1, 2015 APPROVED ATTEST: 4hermawnP a; Steph anie M. Moon Reyno s MM . Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1"day of August, 2016. No. 40598- 080116. A RESOLUTION authorizing the School Board to enter into a commercial card service agreement with Fifth Third Bank for the purpose of issuance of one or more credit cards to the Schools. WHEREAS, the School Board has managed its own financial system and accounts separate and apart from the City of Roanoke since July 1, 2008; WHEREAS, as a consequence of managing its financial system, the School Board maintains its accounts and secures its own credit card account; and WHEREAS, the City Treasurer recommended that the School Board secure a credit card account through a different financial institution. THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that: 1. The School Board, through its Superintendent, is hereby authorized to execute temporary loan agreements with Fifth Third Bank in accordance with Virginia Code §22.1 -110 for the purpose of securing one or more credit cards in the name of the School Board. Such temporary loan agreements as well as any other necessary and appropriate documents shall be in a form approved by the City Attorney. M 2. The maximum total amount of the temporary loans that the Superintendent is authorized to secure is $500,000.00 for credit cards, which amount is less than the maximum amount allowed by Virginia Code § 22.1 -110. 3. Any amount drawn under such credit card shall be paid to Fifth Third Bank, no later than three months after such amount is so drawn or charged. APPROVED ATTEST: ( /n_� / Stephanie o eynol ,r:C W v City Clerk Sherman P. Lea, Sr. Mayor Rol OIN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15" day of August, 2016. No. 40599-081516. 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 $108,914.00 from the Compensation Board of the Commonwealth of Virginia through June 30, 2017, with a local match of $57,409.00. 2. The City Manager is hereby authorized to accept, execute, and file on behalf of the City of Roanoke any and all documents required to obtain such funding. All such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the acceptance of the foregoing funding or with such project. APPROVED ATTEST: �1--YA -YY�D� Stephanie M. Moon Reynolds� , MMC Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 151h day of August, 2016, No. 40600 - 081516. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Regional Drug Prosecutor Grant, amending and reordaining certain sections of the 2016 - 2017 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 402 BE IT ORDAINED by the Council of the City of Roanoke that the following ' sections of the 2016 - 2017 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries 35- 150 - 4514 -1002 $109,352.00 City Retirement 35- 150- 4514 -1105 17,289.00 401 Health Savings Match 35- 150 - 4514 -1117 1,094.00 FICA 35- 150 - 4514 -1120 8,365.00 Medical Insurance 35- 150 - 4514 -1125 12,696.00 Dental Insurance 35- 150 - 4514 -1126 718.00 Life Insurance 35- 150- 4514 -1130 1,443.00 Disability Insurance 35- 150- 4514 -1131 366.00 Telephone 35- 150 - 4514 -2020 1,000.00 Administrative Supplies 35- 150 -4514 -2030 2,500.00 Training and Development 35 -150- 4514 -2044 2,500.00 Other Rental 35- 150 - 4514 -3075 9,000.00 Revenues Regional Drug Prosecutor FY17 -Comp Board 35- 150 -4514 -4514 108,914.00 Regional Drug Prosecutor FY1 7-Local Match 35- 150 - 4514 -4515 57,409.00 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: yj Stephanie M. Moon Reynolds, MMC rman P. Lea, Sr. J'k City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15"' day of August, 2016. No. 40601-081516. 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. I 403 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 $22,029.00, making total funding of $53,617.00, 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 15, 2016. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the acceptance of the foregoing grant. APPROVED ATTEST: Stephanie M. Moon Reynolds, MC hennan P. Lea, r4 C City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15' day of August, 2016. No. 40602-081516. 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 2016 - 2017 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 2016 - 2017 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: C M Appropriations Regular Employee Wages City Retirement Health Savings FICA Medical Insurance Dental Insurance Life Insurance Revenues Domestic Violence Victim FY17 - State Domestic Violence Victim FY17 - Local 35- 640 - 3368 -1002 $ 37,381.00 35- 640 - 3368 -1105 5,910.00 35- 640 - 3368 -1117 374.00 35- 640 - 3368 -1120 2,860.00 35- 640 - 3368 -1125 6,224.00 35 -640- 3368 -1126 378.00 35- 640 - 3368 -1130 490.00 35- 640 - 3368 -3368 31,588.00 35- 640 - 3368 -3369 22,029.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: �-� "��"' Stephanie M. Moon Re no s, MM Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 2016. No. 40603-081516. A RESOLUTION accepting the Conference and Education Assistance grant to the City from the Virginia Department of Fire Programs, and authorizing execution of any required documentation on behalf of the City in connection with such grant. 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 Virginia Department of Fire Programs, a grant in the amount of $10,000.00, with no local match from the City, such funding to be used to fund the 2ntl Annual Sound the Alarm: PIO & Community Risk Reduction Summit that will be held at the Roanoke Sheraton Hotel & Conference Center, all of which is more particularly described in the City Council Agenda Report dated August 15, 2016. 1 1 3 af• Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. I APPROVED ATTEST: Stephanie M. Moon Reyno MIMIC Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15" day of August, 2016. No. 40605-081516. A RESOLUTION accepting Primary Extension Funds from the Virginia Department of Transportation for the paving of Orange Avenue from 10" Street, N. W., to Gainsboro Road, N. W., and authorizing such additional action and execution of any required documents on behalf of the City in connection with such funds 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 of Roanoke to accept Virginia Department of Transportation Primary Extension Funds in the amount of $365,000.00, which funds may require a local match of the costs of preliminary engineering, right of way, and construction (as applicable), for the paving of Orange Avenue from 101" Street, N. W., to Gainsboro Road, N. W., and, to the extent a local match is required, such funds having already been committed by the City of Roanoke, all of which is more particularly described in the City Council Agenda Report dated August 15, 2016. 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 funds, such documents to be approved as to form by the City Attorney. J 1i C 405 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 City's acceptance of this grant. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15' day of August, 2016. No. 40604-081516. AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Fire Programs for conference and education assistance to host the Sound the Alarm Conference, amending and reordaining certain sections of the 2016 - 2017 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 2016 - 2017 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Training and Development 35- 520 - 3742 -2044 $ 10,000.00 Revenues VDFP Sound the Alarm Conference FY17 35- 520 - 3742 -3742 10,000.00 0 r L C 407 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 funds, including establishing guidelines for the use of such funds, 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 Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15" day of August, 2016. No. 40606 -081516. AN ORDINANCE to appropriate funding from Virginia Department of Transportation for Capital Street Paving projects, amending and reordaining certain sections of the 2016 - 2017 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 2016 - 2017 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from State Grant Funds 08 -530- 9488 -9007 $ 365,000.00 Revenues VDOT Capital Street Paving FY17 08 -530- 9488 -9488 365,000.00 M Pursuant 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 n Ids, MM Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15r day of August, 2016. No. 40607 - 081516. A RESOLUTION authorizing the City Manager to execute Amendment No. 1 to the City's Contract with C. E. Thurston & Sons, Inc., for pipe insulation services at the Berglund Center. WHEREAS, the City entered into a contract with C. E. Thurston & Sons, Inc. ( "Contractor'), dated November 16, 2015 ( "Contract'), pursuant to which Contract, the Contractor agreed to provide for pipe insulation services at the Berglund Center; 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 the Contractor to allow for completion of the remaining work, as set forth in Amendment No. 1, a copy of which Amendment No. 1 is attached to the City Council Agenda Report dated August 15, 2016; 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 $50,000.00. I M 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. 1 to the City's Contract with C.E. Thurston & Sons, Inc., for pipe insulation services at the Berglund Center, such Amendment No. 1 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 August 15, 2016 APPROVED ATTEST, ES Stephanie M. Moon Reynolds, MM_C, a Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 151" day of August, 2016. No. 40608 - 081516. AN ORDINANCE authorizing the execution, delivery, and performance of an Agreement between the City of Roanoke, Virginia and Norfolk Southern Railway Company (NS) in connection with the proposed improvements to the Franklin Road Bridge Project (Project); authorizing the acquisition of property rights by the City as needed for the Project and the maintenance, construction, and operation of the Project; authorizing the City Manager to execute such other documents and to take such other actions as necessary or appropriate; 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 needs to enter into an agreement with NS in order to undertake the Project, as more particularly described in the City Attorney's Letter dated August 15, 2016. The City Manager is hereby authorized to execute, deliver, and perform the proposed Agreement, substantially similar to the proposed Agreement attached to the City Attorney's Letter dated August 15, 2016, as approved as to form by the City Attorney. 410 2. The City Manager is further authorized to acquire such property interests and confirm the City's property interests necessary for the Project and as provided in the proposed Agreement, as more particularly described in the City Attorney's Letter dated August 15, 2016. The City Manager is further authorized to pay such consideration as the City Manager deems appropriate, to the extent required under the terms of the proposed Agreement, without further authorization of Council. The Director of Finance is authorized to pay any such consideration to NS. The form of such documents shall be approved by the City Attorney. 3. The City Manager is further authorized to execute such other documents in a form approved by the City Attorney and take such other action deemed necessary by the City Manager in order to effectuate, deliver, administer, and enforce the proposed Agreement on behalf of the City. 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 Reynolds, MMC Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 151" day of August, 2016. No. 40609-081516. A RESOLUTION authorizing the City Manager to execute the First Amended and Restated Fiscal Agent Agreement dated August 15, 2016, 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) (Restated Agreement); and authorizing execution of such other documents and performance of any other actions deemed necessary to effectuate, deliver, perform, administer, and enforce the Restated Agreement. 0i Li A C 411 WHEREAS, the Consortium, the WDB, the Grant Recipient, and the Commission entererd into an agreement dated August 17, 2015, that designated the Commission to serve as fiscal agent for the Consortium, the Grant Recipient, and the WDB (Original Fiscal Agent Agreement); and WHEREAS, the Consortium, the WDB, the Grant Recipient, and the Commission desire to amend, restate and replace the Original Fiscal Agent Agreement with the Restated Agreement to provide for additional duties and responsibilities of the Commission as fiscal agent and to make the term of the services for a five (5) year period commencing as of July 1, 2016. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Restated Agreement, a copy of which is attached to the City Council Agenda Report dated August 15, 2016, from the Director of Finance, 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 Council Agenda Report dated August 15, 2016, is hereby approved and the City Manager is authorized to execute the Restated Agreement, substantially similar to a copy of the Restated Agreement attached to the City Council Agenda report dated August 15, 2016, and approved as to form by the City Attorney. 2. The term of the Restated Agreement is made effective, retroactive to July 1, 2016. 3. 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, perform, administer, and enforce the Restated Agreement on behalf of the City as Grant Recipient. APPROVED ATTEST: Stephanie M. Moon Re Hold , MMC Sherman P. Lea, Sr. City Clerk Mayor 412 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, 0 The 151" of August, 2016. No. 40610 - 081516. AN ORDINANCE to appropriate funding from the Federal Government grants and the Schools general funds for various educational programs, amending and reordaining certain sections of the 2016 - 2017 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 2016 - 2017 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Kitchen Equipment 321 - 320 -0000- 1304 - 0000 - 65100 - 48821 -3 -00 $ 6,241.00 Labor 321 - 320 - 0000 - 1304 -0000- 65100- 43313 -3 -00 210.00 Kitchen Equipment 321 - 320 - 0000 - 0330 - 0000 - 65100 - 48821 -2-00 19,079.00 Labor 321 - 320 - 0000 - 0330 - 0000 - 65100- 43313 -2 -00 210.00 Kitchen Equipment 321 - 320 - 0000 - 0210 - 0000 - 65100 - 48821 -3 -00 6,241.00 ` Labor 321 - 320 - 0000 - 0210 - 0000 - 65100 - 43313 -3 -00 210.00 Jn Kitchen Equipment 321- 320 - 0000 - 0230- 0000 - 65100- 48821 -3 -00 12,481.00 Labor 321 - 320 - 0000 - 0230 - 0000 - 65100 - 43313 -3 -00 420.00 Books & 302 - 180 - 1307 - 1170 -313K- 61100- 46613 -3 -04 2,325.00 Subscriptions Educational and 302 - 180 - 0000 - 1170 -313K- 61100 - 46614 -3 -04 2,325.00 Rec Supplies Revenues Federal Grant 321 - 000 - 0000 - 0000 - 0000 - 00000 - 38583 -0 -00 45,092.00 Receipts Local Match 302 - 000 -LMAT- 1170 -313K- 00000 - 72000 -0 -00 4,650.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reynol , MMC Sherman P. Lea, Sr. City Clerk Mayor -, 413 IIN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15" day of August, 2016. No. 40611 - 081516. A RESOLUTION supporting Early Childhood Education. WHEREAS, children's experiences in their earliest years have a significant impact on their entire lives; WHEREAS, early childhood education helps all children prepare for kindergarten, including those living in poverty; WHEREAS, children who have access to high quality early childhood education programs are better prepared for kindergarten and for success in school; WHEREAS, school readiness has economic and social benefits not only for the children who attend early education programs but for all citizens as these children are r more likely to seek higher education in preparation for their entry into the workforce; i... WHEREAS, the City of Roanoke is committed to contributing to the success of all youth from cradle to career; WHEREAS, research shows that a third grade student who cannot read at his or her grade level is four times less likely to graduate high school without delays; WHEREAS, the City of Roanoke strives to assist children in reading on grade level by third grade through Star City Reads /Campaign for Grade -Level Reading; and WHEREAS, the City of Roanoke, a six time All- America City, received its All - America City Award in 2012 for Star City Reads. NOW, THEREFORE, BE IT RESOLVED as follows: 1. City Council recognizes the importance of early childhood education to children's future success in school and in life. 2. City Council commends, applauds, and supports teachers, volunteers, parents, community leaders, non - profit organizations, City of Roanoke employees, and students involved in eady childhood education for their contributions to the success of Cour youth. HE 3. City Council urges all citizens to engage in activities to support, 0 encourage, and promote early childhood education for the benefit of our youth and our community. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC U Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The W day of August, 2016. No. 40612 -081516. AN ORDINANCE amending and reordaining Section 10 -16, Central absentee voter precinct, Article II, Election Districts, Voting Precincts and Polling Places, Chapter 10, Elections, of the Code of the City of Roanoke (1979) as amended, to relocate the central absentee voter precinct; providing for an effective date; and dispensing with the second reading of this ordinance by title. WHEREAS, the City of Roanoke has 21 separate voter precincts throughout the City and one (1) central absentee voter precinct at the Noel C. Taylor Municipal Building; WHEREAS, City staff has recommended that the central absentee voter precinct be relocated from its current location at the Noel C. Taylor Municipal Building; WHEREAS, the new location for the central absentee voter precinct at the Office of the General Registrar located at 317 Kimball Avenue, N. E., will be better suited for the activities of the central absentee voter precinct since it will have increased parking availability, improved accessibility, increased storage space, training rooms, and access to public transportation as the proposed new facility is located on the Valley Metro bus route; 0" 415 WHEREAS, on February 1, 2016, the City of Roanoke entered into a lease agreement (Lease) with A&M Enterprises, L.P. to relocate the Office of the General Registrar to 317 Kimball Avenue, N. E., Roanoke, Virginia, subject to completion of renovation to accommodate the requirements of the General Registrar, and subject to approval by City Council in accordance with applicable law to relocate the offices of the General Registrar or establish a new central absentee voter precinct; WHEREAS, pursuant to the terms of the Lease, the improvements to the premises were completed on June 1, 2016, and rent payments commenced by the City; WHEREAS, the Office of the General Registrar moved to the new location at 317 Kimball Avenue, N. E., Roanoke, Virginia, effective July 18, 2016; and WHEREAS, on June 20, 2016, Council authorized the scheduling of a public hearing on Monday, July 18, 2016, or such later date, to consider adoption of an ordinance to relocate the central absentee voter precinct from the Noel C. Taylor Municipal Building to its new location at 317 Kimball Avenue, N. E., and Council held a public hearing on August 15, 2016. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 10 -16, Central absentee voter Precinct, Article II, Election Districts: Voting Precincts and Polling Places, Chapter 10, Elections, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Article 11- Election Districts Voting- .Voter Precincts and Polling Places Sec. 10 -16. Central absentee voter Precinct. (a) In accordance with Section 24.2 -712 of the Code of Virginia (1950), as amended, a central absentee voter precinct is hereby established at-the S.W. the office of the General Registrar, 317 Kimball Avenue, N. E., Roanoke, Virginia, at which all absentee ballots will be received, counted, and recorded for all elections held in the city. C HE (b) The city manager is hereby authorized and directed to provide the electoral board with adequate and sufficient room and office space within within the office of the General Registrar, —317 Kimball Avenue, N. E., Roanoke, Virginia, —for the purposes of the central absentee voter precinct, which space when used for purposes of elections held in the city, shall be under the management and control of the electoral board. 2. A copy of this Ordinance shall be recorded in the official minutes of City Council. The City Clerk and the City Manager are authorized to take all actions necessary to comply with all applicable requirements of state code, including, without limitations, Sections 24.2- 306(C) and 24.2- 712(A), Code of Virginia (1950) as amended. 3. This Ordinance shall be in full force and effect immediately upon its adoption. 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 Reynolds, MMC Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 151" day of August, 2016. No. 40613 - 081516. AN ORDINANCE authorizing the City Manager to execute a lease agreement with the Blue Ridge Zoological Society of Virginia, Inc., for the lease of City -owned property located in the City of Roanoke being the top portion of that land commonly referred to as "Mill Mountain," designated as Roanoke City Official Tax Map Nos. 4070507, 4070521, and 4060505; and dispensing with the second reading of this ordinance by title. I C C 417 WHEREAS, a public hearing was held on August 15, 2016, 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 the Blue Ridge Zoological Society of Virginia, Inc. ('the Zoo "), to lease City -owned property located in the City of Roanoke being the top portion of that land commonly referred to as "Mill Mountain," designated as Roanoke City Official Tax Map Nos. 4070507, 4070521, and 4060505, to be used by the Blue Ridge Zoological Society of Virginia, Inc., to operate and maintain the Mill Mountain Zoo. The new lease and agreement provides for the following provisions: an initial term of one (1) year, with up to four additional one (1) year terms upon mutual agreement of the parties, provided that either party may terminate the lease agreement with or without cause at any time during either the initial or any of the renewal terms with sixty (60) days' written notice; an annual lease payment from the Zoo to the City of $10.00 per year; the City providing a maximum of sixty (60) hours of tree maintenance and removal services per calendar year; annual fiscal year operating contributions of $33,120.00 from the City to the Zoo; and, responsibility of the Zoo for all operating and maintenance costs above the $33,120.00 contribution by the City, in addition to other certain terms and conditions, and as more particularly described in the City Council Agenda Report dated August 15, 2016. 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 n Reynol C'V � Sherman P. Lea, Sr. City Clerk Mayor • IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15" day of August, 2016. No. 40614-081516. AN ORDINANCE to amend a Planned Unit Development Plan and conditions proffered as part of a previous rezoning of certain property located at 2102 Grandin Road, S. W., bearing Official Tax Map No. 1460101; 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 amend a Planned Unit Development Plan and certain conditions presently binding upon a tract of land located at 2102 Grandin Road, S. W., being designated as Official Tax Map No. 1460101, which property is zoned INPUD, Institutional Planned Unit Development District, with proffers, such proffers being accepted by the adoption of Ordinance No. 39976 -061614, on June 16, 2014; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on August 15, 2016, after due and timely notice thereof as required by §36.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the amendment of the Planned Unit Development Plan Plan and certain conditions presently binding upon a tract of land located at 2102 Grandin Road, S. W., being designated as Official Tax Map No. 1460101, which property is zoned INPUD, Institutional Planned Unit Development District, with proffers, such proffers being accepted by the adoption of Ordinance No. 39976 - 061614, on June 16, 2014; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the amendment of the Planned Unit Development Plan and proffers applicable to the subject property, and is of the opinion that the conditions now binding upon a tract of land located at 2102 Grandin Road, S. W., being designated as Official Tax Map No. 1460101, should be amended as requested, and that such property be zoned INPUD, Institutional Planned Unit Development District, with proffers as set forth in the Zoning Amendment Amended Application No. 3 dated August 8, 2016, as herein provided. II C C 419 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the amendment of the Planned Unit Development Plan and conditions previously proffered as a condition of a conditional rezoning, pertaining to 2102 Grandin Road, S.W., bearing Official Tax Map No. 1460101, as set forth in the Zoning Amendment Amended Application No. 3, dated August 8, 2016. 2. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the proffered conditions as amended by the Zoning Amendment Amended Application No. 3 dated August 8, 2016, so that the subject property is zoned INPUD, Institutional Planned Unit Development District, with such proffers. 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 ATTT�EST: . Stephanie M. Moon Rey HolMC C d (1 Sherman P. Lea, Sr. City Clerk Mayor 420 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 61" day of September, 2016. No.40615- 090616. A RESOLUTION memorializing the late Joel Willis Richert, longtime resident, historian, and neighborhood activist for the Old Southwest neighborhood. WHEREAS, the members of Council learned with sorrow of the passing of Ms. Richert on Thursday, July 21, 2016; WHEREAS, Ms. Richert, her husband, Bob, and children became residents of the Old Southwest neighborhood in 1971; WHEREAS, by 1971 Old Southwest's notorious reputation as an unattractive and unsafe neighborhood was the result of the many dilapidated properties located within the neighborhood; WHEREAS, Ms. Richert and her husband led a core group of homeowners who were determined to prevent further deterioration of their neighborhood, and started the movement to improve their Old Southwest neighborhood by fixing up their own homes, inspiring other property owners to do the same, WHEREAS, Ms. Richert was known for confronting landlords and tenants alike, regarding their properties and their bad habits which impacted the appearance and quality of the Old Southwest neighborhood; WHEREAS, Ms. Richert created a file for every property in the Old Southwest neighborhood including old photos and other historical documents about the property, and donated all these files to the Virginia Room at the city's Main Library, making them available to anyone doing research on property in Old Southwest; WHEREAS, Ms. Richert thoroughly researched the history of the Old Southwest neighborhood, published a book containing narratives, historic photographs of homes, and documents associated with the Old Southwest neighborhood, and wrote a column called "In Retrospect" that was published in many Old Southwest newsletters; WHEREAS, Ms. Richert worked tirelessly with residents, city staff, police, media, and City Council to protect, preserve, and enhance the historic fabric of the Old Southwest neighborhood; 421 WHEREAS, Ms. Richert not only helped to save this historic neighborhood which, in its day, was "the place to live," but was responsible for the preservation of many of its historic features throughout the neighborhood, including the Alexander Gish House and its ultimate renovation, the historic gazebo nearby, the Ensign designed historic Horse Trough fountain that was relocated to Highland Park from the 2nd Street railroad grade crossing after the 2nd Street Bridge was built, as well as the fountain's surrounding garden; WHEREAS, Ms. Richert also salvaged the historic streetlamps in the Gish House parking lot that once graced the streets of downtown Roanoke and salvaged the Belgian block that was excavated from underneath Franklin Road during one of its early repairs, carved granite curbing removed during street paving, and countless historic glazed star bricks that the City had removed and was planning to dispose of in the landfill; WHEREAS, in an effort to guard against traffic issues for the neighborhood's streets, Ms. Richert led the effort for the placement of four -way stop signs throughout the neighborhood, made certain Franklin Road was not widened to four lanes through Old Southwest, and ensured the Coca Cola plant was not located in the neighborhood; WHEREAS, Ms. Richert served on the City's Board of Zoning Appeals and was a regular attendee at the City's Architectural Review Board meetings; WHEREAS, Ms. Richert and her husband laid the groundwork for the Old Southwest neighborhood's inclusion on the State and National Register of Historic Places and creation of its zoning overlay district protecting the neighborhood's historic character with guidelines administered by an Architectural Review Board; WHEREAS, Ms. Richert championed the importance healthy neighborhoods played in the city's overall quality of life, as well as for those who live in them; WHEREAS, the results of Ms. Richert's leadership in the restoration, preservation, and enhancement of Old Southwest neighborhood will be appreciated for many years to come and will serve as her legacy to the people of the City of Roanoke; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Joel Willis Richert, extending to her family its sincerest condolences, and recognizing the impact she had on Roanoke and the Old Southwest neighborhood. 422 2. The City Clerk is directed to forward an attested copy of this resolution to Ms. Richert's husband, Bob Richert, of Roanoke. APPROVED ATTEST: Stephanie M. Moon ReyGN1g Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 61" day of September, 2016. No.40616- 090616. A RESOLUTION authorizing acceptance of a Victim/Witness Assistance Program grant from the Commonwealth of Virginia Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Commonwealth of Virginia Department of Criminal Justice Services a Victim/Witness Assistance Program grant in the amount of $277,109.00 for Fiscal Year 2016 - 2017, such grant being more particularly described in the Commonwealth Attorney's letter to Council dated September 6, 2016. 2. The local cash match for Fiscal Year 2016 - 2017 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. � m 74: 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: Steph Moon ReY: gShermanLey,( ` h City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 61" day of September, 2016. No. 40617-090616. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Victim Witness Program Grant, amending and reordaining certain sections of the 2016 - 2017 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 2016 - 2017 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries 35- 150 - 4562 -1002 $ 206,512.00 City Retirement 35- 150- 4562 -1105 23,901.00 ICMA Retirement 35- 150 - 4562 -1115 4,980.00 401 Health Savings 35- 150 - 4562 -1117 1,512.00 FICA 35- 150 - 4562 -1120 16,179.00 Medical Insurance 35- 150 - 4562 -1125 31,740.00 Dental Insurance 35- 150 - 4562 -1126 1,794.00 Life Insurance 35- 150 - 4562 -1130 2,726.00 Disability Insurance 35 -150- 4562 -1131 578.000 Telephone 35- 150 - 4562 -2020 1,143.00 Administrative Supplies 35- 150- 4562 -2030 3,176.00 Expendable Equipment 35- 150 - 4562 -2035 8,017.00 Dues and Memberships 35- 150 - 4562 -2042 100.00 Training and Development 35- 150 - 4562 -2044 7,757.00 Postage 35- 150- 4562 -2160 1,380.00 RZA Office Rental Revenues Victim Witness FY17 - State Victim Witness FY17 - Local Match 35- 150 - 4562 -3075 6,000.00 35- 150 - 4562 -4562 277,109.00 35- 150 - 4562 -4563 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 Re�MMC Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of September, 2016. No. 40618- 090616. A RESOLUTION authorizing the acceptance of the FY17 Bulletproof Vest Partnership Grant Award made to the City 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 FY17 Bulletproof Vest Partnership Grant Award by the United States Department of Justice, in the amounts of (i) $14,125.00 to the Police Department to purchase 50 concealable primary use bullet resistant vests, and (ii) $2,825.00 to the Roanoke City Sheriff's Department to purchase 10 concealable primary use bullet resistant vests. The required in -kind match of 50% of bullet resistant vest cost will be satisfied through each department's budget, 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 6, 2016. 425 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 City's acceptance of this grant. APPROVED ATTEST: 'Stephanie Moon Reyn'blds, SV1AAC Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6" day of September, 2016. No. 40619-090616. 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 2016 - 2017 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 2016 - 2017 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Wearing Apparel - Sheriff 35- 140 - 5922 -2064 $ 2,825.00 Wearing Apparel - Police 35- 640 - 3805 -2064 14,125.00 Revenues Bulletproof Vest FY17 — Sheriff 35- 140 -5922 -5922 2,825.00 Bulletproof Vest FY17— Police 35- 640 - 3805 -3805 14,125.00 426 Pursuant 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 Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 61" day of September, 2016. No. 40620-090616. A RESOLUTION authorizing the acceptance of a grant from the FY 2016 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 2016 Edward Byrne Memorial Justice Assistance Grant Program in the amount of $36,291.00 to the Roanoke City Police Department to support its bicycle patrol program; and $24,195.00 to the Roanoke City Sheriff's Department to purchase additional facility cameras to be utilized in the Roanoke City Jail. No local match is required from the City. Such grant being more particularly described in the City Council Agenda Report dated September 6, 2016. 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. 427 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 Reyno MC —Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 61" day of September, 2016. No. 40621-090616. 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 2016 - 2017 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 2016 - 2017 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 FY17 Byrne /JAG Police Bike Patrol FY17 35- 140 - 5925 -9015 $24,195.00 35- 640 - 3628 -1003 27,000.00 35- 640 - 3628 -1120 2,066.00 35- 640- 3628 -2035 1,225.00 35- 640 - 3628 -2064 6,000.00 35- 140 - 5925 -5925 24,195.00 35- 640 - 3628 -3628 36,291.00 Police - FICA Police - Expendable Equipment (<$5,000.00) Police - Wearing Apparel Revenues Byrne /JAG Sheriff Technology Improve FY17 Byrne /JAG Police Bike Patrol FY17 35- 640 - 3628 -1120 2,066.00 35- 640 - 3628 -2035 1,225.00 35- 640 - 3628 -2064 6,000.00 35- 140 - 5925 -5925 24,195.00 35- 640 - 3628 -3628 36,291.00 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 Reyn ds, M Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 61" day of September, 2016. No. 40622-090616, A RESOLUTION authorizing the acceptance of the 2017 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 2017 Department of Motor Vehicles Traffic Safety (Selective Enforcement - Alcohol) Grant in the amount of $21,840.00, to be used for traffic enforcement targeting alcohol impaired drivers. This grant, which requires a $10,920.00 in -kind match and a voluntary cash match of $1,671.00 by the City, is more particularly described in the City Council Agenda Report dated September 6, 2016. 429 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 Rey %7C *Sermjan P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6" day of September, 2016. No. 40623 - 090616. 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 2016 - 2017 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 2016 - 2017 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime Wages FICA Revenues DMV Alcohol Enforcement FY17 - Grant DMV Alcohol Enforcement FY17 - Local 35- 640 - 3492 -1003 $21,840.00 35- 640 - 3492 -1120 1,671.00 35- 640 - 3492 -3492 21,840.00 35- 640 - 3492 -3493 1,67100 430 Pursuant 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 Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6" day of September, 2016. No. 40624-090616. A RESOLUTION authorizing the acceptance of the 2017 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 2017 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 6, 2016. 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. 431 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 Reynol s, MMC Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6t" day of September, 2016. No. 40625 - 090616. 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 2016 - 2017 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 2016 - 2017 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime Wages 35- 640 - 3496 -1003 $13,440.00 FICA 35- 640 - 3496 -1120 1,029.00 Revenues DMV Speed FY17 - Grant 35- 640 - 3496 -3496 13,440.00 DMV Speed FY17 - Local 35- 640- 3496 -3497 1,029.00 432 Pursuant 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, MKIC erman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'" day of September, 2016. No. 40626-090616. A RESOLUTION authorizing the acceptance of the 2017 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 2017 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 6, 2016. 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. 433 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, MC Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 61" day of September, 2016. No. 40627-090616. 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 2016 - 2017 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 2016 - 2017 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 FY17 - Grant DMV Pedestrian /Bike FY17 - Local 35- 640 - 3512 -1003 $ 3,200.00 35- 640 - 3512 -1120 245.00 35- 640 - 3512 -3512 3,200.00 35- 640 - 3512 -3513 245.00 BE Pursuant 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 Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6" day of September, 2016. No. 40628-090616. A RESOLUTION authorizing the acceptance of the 2017 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 2017 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 6, 2016. 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. 435 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 n Reynold, MM a Sherman P. Lea, r h City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of September, 2016. No. 40629 - 090616. 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 2016 - 2017 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 2016 - 2017 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime Wages 35- 640 - 3494 -1003 $11,200.00 FICA 35- 640 - 3494 -1120 857.00 Revenues DMV Occupant Protection FYI - Grant 35 -640- 3494 -3494 11,200.00 DMV Occupant Protection FYI 7- Local 35- 640 - 3494 -3495 857.00 436 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED StepATTEST: PpjJ�_ loon Reyno Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 61" day of September, 2016. No. 40630-090616. AN ORDINANCE to appropriate funding from the United States Department of Justice Federal Asset Sharing Program, thru the Commonwealth of Virginia Office of the Attorney General for enhancing law enforcement operations, amending and reordaining certain sections of the 2016 - 2017 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 2016 - 2017 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Other Equipment 35- 640 - 3297 -9015 $ 1,292.00 Revenues Federal Asset Forfeiture AG - interest 35- 640 - 3297 -3298 1,262.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reynolds, M C Sherman P. Lea, Sr. City Clerk Mayor 437 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The Wh day of September, 2016. No. 40631-090616. A RESOLUTION authorizing the City Manager to execute an Agreement to Contribute to the Costs of Construction and Installation of Curb and Gutters ( "Agreement') between the City of Roanoke ( "City ") and Cambridge Condominium Unit Owners Association, Inc. ( "Cambridge'), providing for the sharing of costs between Cambridge and the City for the City's construction and installation of curb and gutters in the public right of way along a portion of Stephenson Avenue, S. W., Roanoke, Virginia ('Project'); accepting a $25,000.00 contribution from Cambridge to be applied to the cost of the Project; 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 Agreement. WHEREAS, Cambridge owns real estate located in the City of Roanoke at 2002 Stephenson Ave., S. W., and desires to expedite the City's installation of curb and gutter along a portion of Stephenson Ave., S. W., in order to alleviate the limited parking currently available along adjacent streets by contributing $25,000.00 to the City to be applied to the City's costs of installing such curb and gutters. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is authorized to execute the Agreement between the City and Cambridge providing for the sharing of costs between Cambridge and the City for the City's construction and installation of curb and gutters in the public right of way along the westerly side of Stephenson Ave., S. W., Roanoke, Virginia, adjacent to real property identified and designated as Official Tax Map No. 1050106, owned by First Citizens Bank and Trust Company, all as more fully set forth in the City Council Agenda Report dated September 6, 2016. Such Agreement shall be substantially similar to the agreement attached to such Agenda Report and shall be approved as to form by the City Attorney, 2. The City of Roanoke hereby accepts the contribution of $25,000.00 from Cambridge to be applied to the costs of the Project pursuant to the terms of the Agreement 3. The City Manager is authorized to execute any necessary documents, provide any information, and to take any additional actions in order to obtain, accept, and use the funds contributed by Cambridge to the Project costs. 2 W 4. City Council wishes to express its sincere appreciation and gratitude to Cambridge for their generous contribution to the City for the Project. APPROVED ATTEST: �1� i a Q Stephanie M M� Reynolds, MMC Sherman P. Lea, Sr.. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6�" day of September, 2016. No. 40632-090616. AN ORDINANCE to appropriate funding and to transfer funding to the 50/50 Curb, Gutter, & Sidewalk project, amending and reordaining certain sections of the 2016 - 2017 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 2016 - 2017 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 Revenue Revenues Cambridge Condo Owners Association 08- 530 - 9635 -9003 $ 15,000.00 08- 530 - 9575 -9220 (15,000.00) 08- 530 - 9635 -9004 25,000.00 08- 530 - 9635 -9635 25,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTE T: y�'Q` c Stephanie M. MMo Reyn91d�1, N Sher i h City Clerk Mayor 439 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'" day of September, 2016. No. 40633-090616. AN ORDINANCE approving the First Amended and Restated Agreement Creating the Western Virginia Regional Industrial Facility Authority; authorizing the City Manager and the City Clerk to execute and attest, respectively, such Restated Agreement; authorizing the City Manager to take such actions and execute such documents as necessary to implement, administer, and enforce such Restated Agreement; and dispensing with the second reading of this Ordinance by title. WHEREAS, pursuant to the Virginia Regional Industrial Facilities Act, Chapter 64 of Title 15.2 of the Code of Virginia of 1950, as amended (the "Act') the governing bodies of Botetourt County, Franklin County, Roanoke County, the City of Roanoke, the City of Salem and the Town of Vinton (the "Member Localities ") each adopted an ordinance for the creation of the Western Virginia Regional Industrial Facility Authority (the "Authority ") in order to enhance the economic base of each such locality through the developing, owning and operating of one or more facilities on a cooperative basis; WHEREAS, pursuant to the Act such ordinances were filed with the Secretary of the Commonwealth and the Secretary of the Commonwealth has issued his certificate as to such filing; WHEREAS, such ordinances also authorized the execution of an agreement establishing the respective rights and obligations of the Member Localities with respect to the Authority consistent with the provisions of the Act (the "Original Agreement') which Original Agreement was duly executed on behalf of each Member Locality and was entitled "Agreement Creating the Western Virginia Regional Industrial Facility Authority;" WHEREAS, each Member Locality desires to amend and restate the Original Agreement to clarify and amend the Original Agreement in accordance with the attached First Amended and Restated Agreement Creating the Western Virginia Regional Industrial Facility Authority (the "Restated Agreement'); and WHEREAS, the Act defines facilities as including real estate and improvements for manufacturing, warehousing, distribution, office or other industrial, residential, recreational or commercial purposes. ii6 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the provisions of the Restated Agreement as set forth in the City Council Agenda Report dated September 6, 2016, provided that such Restated Agreement will be the same or substantially similar to the one attached to such report. 2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, a Restated Agreement in a form substantially similar to the one attached to the above mentioned City Council Agenda Report, such Restated Agreement to be approved as to form by the City Attorney. 3. The City Manager is authorized to take such actions and execute such documents as necessary to implement, administer, and enforce such Restated Agreement. 4. It is reiterated that the name of the Authority is the Western Virginia Regional Industrial Facility Authority. 5. It is reiterated that the member localities of the Authority are Botetourt County, Franklin County, Roanoke County, the City of Roanoke, the City of Salem, and the Town of Vinton. 6. It is reiterated that the economic growth and development of the City of Roanoke and the comfort, convenience and welfare of its citizens require the development of facilities as defined in the Act and that joint action through a regional industrial facility authority by the Member Localities will facilitate the development of the needed facilities. 7. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: tephanie M. Moon Reynol Sherman P. Lea, Sr. City Clerk Mayor 441 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'" day of September, 2016. No. 40634 - 090616. A RESOLUTION accepting the FY17 Virginia Department of Transportation's (VDOT) award of Transportation Revenue Sharing Program Funds (Revenue Sharing Funds) to the City in the total amount of $3,311,495.00 to be allocated among five (5) Projects; authorizing the City Manager to execute five (5) VDOT Appendix A documents for Revenue Sharing Funds for the Projects set forth below, which will require the City to provide matching funds of $3,311,495.00: 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 FY17 VDOT award of Revenue Sharing Funds in the total amount of $3,311,495.00 to be provided by VDOT for the FY17 time period for the five (5) Projects set forth in paragraph 2 below, with the City providing local matching funds in the total amount of $3,311,495.00, with such funds to be allocated among the five (5) Projects referred to below, such funds having already been committed by the City of Roanoke, all as more fully set forth in the City Council Agenda Report dated September 6, 2016. 2. The allocations for the five (5) Projects, 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. Citywide Storm Drain Improvements $1,611,842.00 City Matching Funds $1,611,842.00 B. Citywide Curb, Gutter, and Sidewalk (New Construction) $ 615,207.00 City Matching Funds $ 615,207.00 C. Garden City Boulevard Trail from Riverland Road to 91" Street $ 123,041.00 City Matching Funds $ 123,041.00 D. Orange Avenue /King Street Intersection Improvements $ 500,000.00 City Matching Funds $ 500,000.00 E. Berkley Bridge Replacement $ 461,405.00 City Matching Funds $ 461,405.00 3. The City Manager is hereby authorized to execute five (5) Appendix A documents to a VDOT Standard Programmatic Project Administration Agreement for Revenue Sharing Projects, as extended, substantially similar to the ones attached to the above mentioned Agenda Report for the above five (5) Projects listed as A through E 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 $3,311,495.00 from VDOT, together with $3,311,495.00 in City matching funds, for the above mentioned five (5) Projects, with any such documents to be approved as to form by the City Attorney. APPROVED ATTEST: n hanie MMoNon Re s, MM CSherman P. L�e' a, Sr. � City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6`" day of September, 2016. No. 40635 - 090616. AN ORDINANCE to appropriate funding from Virginia Department of Transportation Revenue Sharing Funds and the Economic & Community Development Reserve to the Stormwater Improvements, City -wide Curb Gutter Sidewalk, Garden City Greenway Connection, Orange Avenue & King St Intersection Improvements, and Berkley Road over Glade Creek Bridge Renovation projects, amending and reordaining certain sections of the 2016 - 2017 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 2016 - 2017 Stormwater Utility and Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 443 Stormwater Utility Fund Appropriations Appropriated from State Grants 03- 530 - 3014 -9007 $1,611,842.00 Revenues VDOT — StormwaterImprovements 03- 530 - 3014 -3014 1,611,842.00 Capital Projects Fund Appropriations Appropriated from State Grants 08- 530 - 9475 -9007 615,207.00 Appropriated from State Grants 08- 530 - 9462 -9007 123,041.00 Appropriated from State Grants 08- 530 - 9440 -9007 500,000.00 Appropriated from State Grants 08- 530 - 9594 -9007 461,405.00 Appropriated from General Revenue 08- 530 - 9462 -9003 123,041.00 Revenues VDOT — City -wide Curb, Gutter, Sidewalk 08 -530- 9475 -9475 615,207.00 VDOT — Garden City Greenway Connection 08- 530 - 9462 -9463 123,041.00 VDOT — Orange Ave & King St Intersection Improvements 08- 530 - 9440 -9440 500,000.00 VDOT — Berkley Bridge Renovation 08 -530- 9594 -9594 461,405.00 Fund Balance E &CD Reserve - Unappropriated 08 -3365 (123,041.00) 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 herman P. Lea, r. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6`" day of September, 2016, No. 40636-090616. AN ORDINANCE authorizing and approving a one -time payment to certain City employees who did not receive a full raise for the 2016 -17 fiscal year because they reached the maximum salary for their pay ranges and dispensing with the second reading of this Ordinance by title. iii WHEREAS, twenty -eight City employees have reached the maximum salary within their pay range, and to the extent they were otherwise qualified, were unable to realize the full benefits of the salary increase approved by City Council as a part of the 2016 -17 pay ordinance and WHEREAS, City Council desires to acknowledge the continued good work of these City employees by granting them a one -time payment in the amount of the difference between the salary increase these employee's received and the amount they would have received had they not reached the maximum salary for their pay range, to the extent that such employees are otherwise qualified for an increase in pay. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. All full -time and permanent part-time employees in the classified service of the City who, as of July 1, 2016, were unable to receive the full benefits of the salary increase approved by City Council as a part of the 2016 -17 pay ordinance adopted by City Council on May 9, 2016 as Ordinance No. 40501- 050916, shall receive a one -time payment in the amount of the difference between the salary increase these employees received and the amount they would have received had they not reached the maximum salary for their pay range, to the extent each such employee is otherwise qualified for a pay raise in accordance with City personnel policies and procedures. This one -time payment shall be subject to all applicable tax withholdings. 3. This one -time payment shall not constitute a part of the employee's salary, nor shall such one -time payment be considered or construed as wages earned for the purposes of computing an employee's retirement benefits or for purposes of calculating any future pay increase, including a pay increase based upon an employee's promotion. 4. Pursuant to the provisions of Section 12 of the City Charter, City Council dispenses with the second reading of this Ordinance by title. APPROVED ATTEST: Stephanie M. Moon Reyn MMG?" VC Shera. Sr. City Clerk Mayor 445 IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 6`" day of September, 2016. No. 40637-090616. AN ORDINANCE repealing Section 21 -44.1, Aggressive solicitation and sales definitions: prohibited acts and penalties: Article 1, In General, Chapter 21, Offenses - Miscellaneous, of the Code of the City of Roanoke (1979), as amended; providing for an effective date; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 21 -44.1, Aggressive solicitation and sales; definitions: prohibited acts and penalties Article I, In General, Chapter 21, Offenses - Miscellaneous, of the Code of the City of Roanoke (1979), be and it is hereby REPEALED. This Ordinance shall take effect upon its passage. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading by title of this ordinance is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC S erman P. Lea, Sr. City Clerk Mayor MM IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19 °i day of September, 2016. No. 40638-091916. A RESOLUTION accepting the Virginia Department of Transportation's (VDOT) award to the City in the total amount of $350,811.00 for the Smart Scale (HB2) program for the Edgewood Street Transit Accessibility Improvements project; authorizing the City Manager to execute a VDOT Standard Project Administration Agreement for Federal - aid Projects and Appendix A for the Transit Accessibility Improvements on Edgewood Street; and authorizing the City Manager to take certain other actions in connection with the above matters and project. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the VDOT award in the total amount of $350,811.00 for the Smart Scale (HB2) program for the Edgewood Street Transit Accessibility Improvements project, with no required local match from the City, which project will provide a continuous sidewalk on the east side of Edgewood Street, S. W., between Windsor Avenue, S. W. and Memorial Avenue, S. W., with improved ADA accessible curb ramps, all as more fully set forth in the City Council Agenda Report dated September 19, 2016. 2. The City Manager is hereby authorized to execute a VDOT Standard Project Administration Agreement for Federal -aid Projects and Appendix A (Agreement), substantially similar to the one attached to the above - mentioned City Council Agenda Report, and as further described and set forth in such City Council Agenda Report. Such Agreement shall be approved as to form by the City Attorney. 3. The City Manager is hereby authorized to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use such funds in the total amount of $350,811.00 from VDOT, for the above mentioned project, with any such documents to be approved as to form by the City Attorney. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC herma City Clerk Mayor 447 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19" day of September, 2016, No. 40639 - 091916. AN ORDINANCE to appropriate funding from the Virginia Department of Transportation Funds to the Edgewood Street Transit Accessibility Improvements project, amending and reordaining certain sections of the 2016 - 2017 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 2016 - 2017 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from Federal Grant Funds Revenues VDOT — Edgewood St Transit Imp 08 -530- 9490 -9002 $ 350,811.00 08- 530 - 9490 -9490 350,811.00 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 eStepie Moon � Sherman City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19" day of September, 2016. No. 40640 - 091916. A RESOLUTION authorizing acceptance of the FY2017 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 FY2017 Fire Programs Funds Grant in the amount of $314,881.00, with no local match, such Grant being more particularly described in the City Council Agenda Report dated September 19, 2016. 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: Stephanie M. Moon Reynolds, MMC Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of September, 2016. No. 40641- 091916. AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Fire Programs, amending and reordaining certain sections of the 2016 - 2017 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 2016 - 2017 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: iiG Appropriations Expendable Equipment <$5,000.00 35 -520- 3380 -2035 $ 80,000.00 Training and Development 35 -520- 3380 -2044 87,000.00 Wearing Apparel 35 -520- 3380 -2064 82,881.00 Recruiting 35- 520 - 3380 -2065 5,000.00 Regional Fire Training Academy 35- 520 - 3380 -9073 60,000.00 Revenues Fire Program FY17 35 -520- 3380 -3380 314,881.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED rG \fi��91 Stephanie M. Moon Reynolds, MM Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 191" day of September, 2016. No. 40642 - 091916. A RESOLUTION accepting the Public Safety Answering Point grant to the City from the Virginia E -911 Services Board, 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 Public Safety Answering Point grant offered by the Virginia E -911 Services Board in the amount of $150,000.00 upon all the terms, provisions and conditions relating to the receipt of such funds. The grant, which requires no match by the City, is more particularly described in the City Council Agenda Report dated September 19, 2016. 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. 450 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'" day of September, 2016. No. 40643-091916. AN ORDINANCE to appropriate funding from the Virginia E -911 Services Board Grant to the E -911 Upgrades Hardware /Software project, amending and re- ordaining certain sections of the 2016 - 2017 Department of Technology Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2016 - 2017 Department of Technology Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from State Grant Funds 13- 430 - 9870 -9007 $ 150,000.00 Revenue E -911 Wireless Board State Grant 13- 430 - 9870 -9870 150,00.000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: X4 Stephanie M. Moon Reynolds, MMC Sherman P. Lea, Sr. City Clerk Mayor 451 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 191" day of September, 2016. No. 40644-091916. A RESOLUTION authorizing the City Manager's execution of Amendment No. 1 to the City's Contract with Blue Ridge Rescue Suppliers, Inc., in an amount not to exceed a total amount of $150,000.00 for the 2017 fiscal year to cover the replacement of existing turnout gear and to purchase new gear for recruits. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized to execute, for and on behalf of the City, in a form approved by the City Attorney, Amendment No. 1, to the City's contract with Blue Ridge Rescue Suppliers, Inc., in an amount not to exceed $150,000.00 to cover the replacement of existing turnout gear and to purchase new gear for recruits, all as more fully set forth in the City Council Agenda Report dated September 19, 2016. The City entered into the original Contract with Blue Ridge Rescue Suppliers, Inc., on February 1, 2014, (Contract). 2. The City Manager is hereby authorized to take such further actions and execute all necessary documents as may be necessary to obtain, accept, implement, and administer such Amendment, with any such documents being approved as to form by the City Attorney. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC Sherman P. Lea, Sr. City Clerk Mayor 452 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19`" day of September, 2016. No. 40645-091916. AN ORDINANCE to transfer funding from the General Fund Contingency account to the Fire EMS Operations Wearing Apparel account for personal protection equipment for Roanoke City Fire EMS, amending and reordaining certain sections of the 2016 - 2017 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 2016 - 2017 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Wearing Apparel 01- 520 - 3213 -2064 $ 80,000.00 Contingency 01- 300 - 9410 -2199 (80,000.00) 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 Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'" day of September, 2016. No. 40646 - 091916. A RESOLUTION authorizing execution of an Agreement with CHS, Inc., d /b /a Carillon Property Management, in connection with the use of 6 Riverside Parking Garage during the 2016 Roanoke GO Outside Festival. 453 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 14, 2016, until 5:00 p.m. on Sunday, October 16, 2016, 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 and all its affiliated companies, including CHS, Inc., under certain circumstances, from any and all liabilities arising out of the use of the parking garage, all of which is set out in the City Council Agenda Report dated September 19, 2016. APPROVED ATTEST: Ste Moon Rey lafds, Ma) Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19" day of September, 2016. No. 40647 - 091916. AN ORDINANCE to appropriate funding from the Federal and Commonwealth grants and the Schools general funds for various educational programs, amending and reordaining certain sections of the 2016 - 2017 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 2016 - 2017 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 454 Appropriations Materials and 302 - 120 - 0000 - 0210 - 113L - 61410 - 46601 - 3 - 02 $ 5,000.00 Supplies Office Supplies Personnel Services - 302 - 120 - 0000 - 0210 - 113L - 61210 - 41129 - 3 - 02 2,500.00 Other Stipend Career & Technical 302 - 170 - 3000 - 1160 - 317L - 68200 - 48110 - 3 - 03 10,778.00 Education Equipment Testing and 302 - 170 - 3000 - 1160 - 319L - 61100 - 45584 - 3 - 03 4,020.00 Evaluation Juvenile Detention 302- 110 - 0000 - 1070 - 316L - 61100 - 41138 - 9 - 09 32,671.00 Education Coordinators/instruct ors Retiree Health 302- 110-0000- 1070 - 316L - 61100 - 42200 - 9 - 09 1,051.00 Credit Social Security /FICA 302- 110 - 0000 - 1070 - 316L - 61100 - 42201 - 9 - 09 2,743.00 Virginia Retirement 302 - 110 - 0000 - 1070 - 316L - 61100 - 42202 - 9 - 09 6,442.00 System Health /Dental 302- 110 - 0000 - 1070 - 316L - 61100 - 42204 - 9 - 09 22,887.00 Insurance State Group Life 302 - 110 - 0000 - 1070 - 316L - 61100 - 42205 - 9 - 09 1,144.00 Insurance Professional 302 - 110 - 0000 - 1070 - 316L - 61100 - 45554 - 9 - 09 ( 91,000.00) Development Mileage 302- 110-0000- 1070 - 316L - 61100 - 45551 - 9 - 09 300.00 Indirect Costs 302 - 110 - 0000 - 1070 - 316L - 61100 - 62000 - 9 - 09 1,570.00 Related Services 302- 110 - 0000 - 1070 - 316L - 61100 - 43313 - 9 - 09 1,000.00 Instructional 302- 110 - 0000 - 1070 - 316L - 61100 — 46600- 9 - 09 ( 800.00) Supplies Textbooks/WOrkboo 302- 110 - 0000 - 1070 - 316L - 61100 - 46613 - 3 - 09 ( 300.00) ks Internet Services 302 - 110 - 0000 - 1070 - 316L - 61100 - 45523 - 9 - 09 ( 2,300.00) Technology 302- 110 - 0000 - 1070 - 316L - 61100 - 46650 - 3 - 09 17,600.00 Education 302- 110-0000- 1400 - 316L - 61100 - 41138 - 9 - 09 ( 13,798.00) Coordinators Retiree Health 302- 110 - 0000 - 1400 - 316L - 61100 - 42200 - 9 - 09 56.00 Credit Social Security /FICA 302 - 110 - 0000 - 1400 - 316L - 61100 - 42201 - 9 - 09 ( 1,056.00) Virginia Retirement 302 - 110 - 0000 - 1400 - 316L - 61100 - 42202 - 9 - 09 ( 2,023.00) System Health /Dental 302 - 110 - 0000 - 1400 - 316L - 61100 - 42204 - 9 - 09 25,138.00 Insurance State Group Life 302 - 110 - 0000 - 1400 - 316L - 61100 - 42205 - 9 - 09 46.00 Insurance 455 Revenues Federal Grant 302 - 000 - 0000 - 0000 - 113L - 00000 - 38027 - 0 - 00 7,500.00 Receipts State Grant Receipts 302 - 000 - 0000 - 0000 - 317L - 00000 - 32252 - 0 - 00 10,778.00 State Grant Receipts 302 - 000 - 0000 - 0000 - 319L - 00000 - 32349 - 0 - 00 4,020.00 State Grant Receipts 302 - 000 - 0000 - 0000 - 316L - 00000 - 32220 - 0 - 00 1,371.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Rey ds, C Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of September, 2016. No. 40648-091916, A RESOLUTION commending the Blue Ridge Land Conservancy upon its 201" anniversary. WHEREAS, the City of Roanoke, in the heart of Virginia's Blue Ridge region, is blessed with abundant natural resources, including the Blue Ridge Mountains, the Roanoke River, forests, streams, and scenic views; WHEREAS, there are numerous outdoor parks, byways, and venues in the Roanoke region, including the Blue Ridge Parkway, the Appalachian Trail, Mill Mountain and Carvins Cove; WHEREAS, the Virginia's Blue Ridge region is also blessed with a vibrant agricultural economy and a history of agriculture; 456 WHEREAS, agriculture is the largest industry in the Commonwealth and tourism accounts for billions of dollars of spending each year in Virginia; WHEREAS, Roanoke's economy has flourished due the presence of these many amenities, which draw new businesses, entrepreneurs, and young professionals to the Virginia's Blue Ridge region; WHEREAS, the Blue Ridge Land Conservancy was originally founded in 1996 in the City of Roanoke as the Western Virginia Land Trust; WHEREAS, the mission of the Blue Ridge Land Conservancy is to protect forever our region's natural resources and amenities; WHEREAS, the Blue Ridge Land Conservancy has protected over 17,000 acres of land and almost 40 miles of rivers and streams in the Roanoke region, including Carvins Cove, Mill Mountain, lands along the Blue Ridge Parkway and the Roanoke River; WHEREAS, the Blue Ridge Land Conservancy partners with Roanoke City schools to provide SOL- compliant outdoor education programs for City fourth graders; WHEREAS, the Blue Ridge Land Conservancy is celebrating its 20`" anniversary on October 7, 2016; ' WHEREAS, the Blue Ridge Land Conservancy has made a profound impact on the quality of life for Roanoke residents for the past twenty years; and WHEREAS, the Blue Ridge Land Conservancy's conservation efforts will continue to have a profound impact on future generations of Roanoke residents. 457 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia that the Blue Ridge Land Conservancy be, and it is hereby, commended for its twenty years of service to the citizens of Roanoke, and it is congratulated upon the occasion of its 201" anniversary. APPROVED ATTEST: J0 UU Stephanie M. Moon Reynolds, M C Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19" day of September, 2016. No. 40649-091916. 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 2016 Annual Conference scheduled for October 9 - 11, 2016, and for any meetings of the Urban Section held in conjunction with the Annual Conference of the League, The Honorable Michelle Dykstra is hereby designated Voting Delegate, and The Honorable John Garland 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 2016 Annual Conference, Brian Townsend, Assistant City Manager, shall be designated Staff Assistant. Me* 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: r Stephanie M. Moon Re ds, t C Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 191" day of September, 2016. No. 40650-091916. AN ORDINANCE approving the Wireless Telecommunication Facilities Policy dated September 12, 2016, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to include such Wireless Telecommunication Facilities Policy; and dispensing with the second reading of this ordinance by title. WHEREAS, on September 12, 2016, the Wireless Telecommunication Facilities Policy dated September 12, 2016 (the 'Policy "), was presented to the Planning Commission; WHEREAS, the Planning Commission held a public hearing on that date and recommended adoption of the Policy and amending Vision 2001 - 2020, the City's Comprehensive Plan, to include such Policy; and WHEREAS, in accordance with the provisions of §15.2 -2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on September 19, 2016, on the proposed Policy, 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 approves the Wireless Telecommunication Facilities Policy dated September 12, 2016, and amends Vision 2001 - 2020, the City's Comprehensive Plan, to include such Wireless Telecommunication Facilities Policy as an element thereof. me 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: Y Stephanie M� n Reynolds, MC S er a, S`r.�' City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19" day of September, 2016, No. 40651-091916. A RESOLUTION authorizing the proper City officials to make boundary amendments to the City's Enterprise Zone One A and its Subzone B that will (i) delete certain areas currently within Enterprise Zone One A and (ii) will add certain areas not currently within them to Enterprise Zone One A and its Subzone B; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (VDHCD) for approval of such boundary amendments; and authorizing the City Manager to take such further action as may be necessary to obtain and implement such boundary amendments. WHEREAS, there are certain areas currently located within the City's Enterprise Zone One A that are not utilizing and are not benefiting from the inclusion of such areas within such Zone areas; WHEREAS, there are certain areas currently located outside the City's Enterprise Zone One A and its Subzone B that are contiguous to them that are not currently a part of such Zone areas, but that can be added to them and that will benefit from the designation of those additional areas as part of such Zone areas, as set forth in the City Council Agenda Report dated September 19, 2016; WHEREAS, the Virginia Enterprise Zone Grant Act of 2005, as amended, authorizes the amendment of existing Enterprise Zone areas to delete and to add areas to such Zone and its noncontiguous Subzones, thereby making qualified business firms within such areas eligible for Enterprise Zone benefits; Me WHEREAS, the deletion of certain areas and the addition of certain areas as part of the City's Enterprise Zone One A and its Subzone B, as set forth above, has a potential to stimulate significant private sector investment within the City in areas where such business and industrial growth could result in much needed growth and revitalization; and WHEREAS, this Council, acting in its capacity as the governing body of the City of Roanoke, has held a public hearing on the above mentioned proposed boundary amendments, at which public hearing citizens and parties in interest were afforded an opportunity to be heard on such proposed boundary amendments to Enterprise Zone One A and its Subzone B. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke is hereby applying for amendments to the City's Enterprise Zone One A and its Subzone B which amendments will delete certain areas currently within Zone One A and which will add to Zone One A and its Subzone B additional areas which are currently outside such Zone areas. Such amendments are more fully shown on the map(s) attached to the City Council Agenda Report dated September 19, 2016, and more fully described in such Report. 2. The City Manager is hereby authorized to apply, on behalf of the City, to the VDHCD for the above mentioned boundary amendments to the City's existing Enterprise Zone One A and its Subzone B pursuant to the applicable provisions of the Virginia Enterprise Zone Grant Act, as amended, which boundary amendments will delete certain areas currently within Zone One A, and add to Zone One A and its Subzone B certain areas not currently within them, all as more fully set forth in the above mentioned Agenda Report. 3. Council hereby certifies that it held a public hearing as required by the Virginia Enterprise Zone Grant Act Regulations. 4. The City Manager is authorized to submit to the VDHCD all information necessary for the application for the boundary amendments to the City's Enterprise Zone One A and its Subzone B, for the Department's review and consideration and to take such further action as may be necessary and /or execute any additional documents as may be necessary to meet other program requirements or to establish the boundary amendments as set forth above. The City Clerk is authorized to execute and attest any documents that may be necessary or required for the application or for the provision of such information. Such authority shall continue throughout the life of such Zone One A and its Subzone B. 461 5. Local incentives applicable for Enterprise Zone One A and its Subzone B shall also be applicable for any new areas covered by such approved boundary amendments. 6. Any such approved boundary amendments will be retroactive to the date as provided by such approval from the VDHCD. APPROVED ATTEST: �ti Stephanie M. Moon Reynolds, �C erman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 191" day of September, 2016. No. 40652-091916. AN ORDINANCE authorizing the proper City officials to execute a Contract for Purchase and Sale of Real Property ( "Contract') between the City of Roanoke, Virginia ( "City "), and the County of Roanoke, Virginia ('Buyer"), to sell to Buyer certain real property located on Jae Valley Road, in Roanoke County, Virginia, designated as Roanoke County Official Tax Map Nos. 089.00 -03- 29.01 -0000 and 089.00-03-29.02 - 0000 ('Property "), upon certain terms and conditions; the reservation of an access easement by the City across the Property to provide access to a public street for City - Owned property; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; and dispensing with the second reading of this Ordinance by title. WHEREAS, a public hearing was held on September 19, 2016, 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: 462 1. The City Manager is hereby authorized on behalf of the City to execute a Contract, substantially similar to the Contract attached to the City Council Agenda Report dated September 19, 2016, to sell to Buyer certain real property located on Jae Valley Road, in Roanoke County, Virginia, designated as Roanoke County Official Tax Map Nos. 089.00 -03- 29.01 -0000 and 089.00 -03- 29.02 -0000 ('Property ") for the purchase price of $10.00, together with other consideration and performance of other obligations by Buyer, for the developing, constructing, operating and maintaining of a public park facility with public access to Back Creek for canoe and kayak uses, subject to certain terms and conditions as set forth in the Contract, including (i) the limitation on use of the Property to public park facilities and public park uses and the acknowledgement of the collaboration between Roanoke County and the City through installation of signage at these facilities, and (ii) the reservation of an access easement by the City across the Property to provide access to a public street for City -Owned property, designated as Roanoke County Official Tax Map No. 089.00 -03- 29.00 -0000 ( "Adjacent Property ") for access to enter into and egress from Adjacent Property, upon such terms and conditions as more particularly set forth in the above - mentioned Agenda Report. 2. The City Council further finds the sale of the Property will be of economic benefit to the City and its citizens. 3. The City Manager is further authorized to execute such further documents, including a Special Warranty Deed of Conveyance for the transfer of the Property to the Buyer in accordance with the terms of the Contract, and take such further actions as may be necessary to implement, administer, and enforce the Contract and complete the sale and transfer of the Property to the Buyer. 4. The City Manager is further authorized on behalf of the City to negotiate and execute such further documents and take such further actions related to this matter and as may be necessary to implement, administer, and enforce the conditions and obligations that must be met by Buyer pursuant to the Contract. 5. The form of the documents referred to above and in the City Council Agenda Report are to be approved by the City Attorney. 463 6. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC erman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19" day of September, 2016. No. 40653-091916. AN ORDINANCE authorizing the Mayor to execute an agreement between the County of Roanoke, Virginia, and the City of Roanoke, Virginia, relating to certain boundary line adjustments between those governmental entities and affecting properties presently located in Roanoke County along Williamson Road, U.S. Route 11 and 220; directing that certain other actions relating to such boundary line be taken as provided by law; authorizing the Mayor, the City Manager, and the City Attorney to take such further action as may be necessary to implement such agreement and boundary line adjustments; and dispensing with the second reading of this ordinance by title. WHEREAS, the Council deems it necessary in order to further the public health, safety, and welfare to relocate portions of the boundary line between the City of Roanoke and the County of Roanoke in accordance with the provisions of Section 15.2 -3106, et seq., of the Code of Virginia (1950), as amended; WHEREAS, relocation of the boundary line between such governmental entities in the areas proposed will permit more effective and efficient delivery of municipal services; WHEREAS, the City Manager has recommended to Council establishment of a new boundary line at certain points between the City of Roanoke and the County of Roanoke, as set out in the City Council Agenda Report dated September 19, 2016; WHEREAS, Roanoke County, through its administration, has recommended to the Roanoke County Board of Supervisors that it agree to the boundary line relocation; EM WHEREAS, in accordance with Section 15.2 -3107 B of the Code of Virginia (1950), as amended, Roanoke County provided written notice of this proposed boundary line adjustment to the owners of the affected properties that are currently in Roanoke County and will be relocated into the City of Roanoke, as more fully described in the City Council Agenda Report dated September 19, 2016; WHEREAS, pursuant to the requirements of Section 15.2 -3107 of the Code of Virginia (1950), as amended, the City and County jointly advertised public hearings before the Roanoke County Board of Supervisors on September 13, 2016 and before the Roanoke City Council on September 19, 2016, to consider this matter, and City Council held a public hearing on September 19, 2016, at which time citizens were given the opportunity to express their views on this matter; and WHEREAS, after consideration of the views expressed at the public hearing, Council concurs in the recommendation of the City Manager as set forth in the City Council Agenda Report dated September 19, 2016, to adopt the agreement to relocate the boundary line as described in the City Council Agenda Report dated September 19, 2016. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Mayor is authorized to execute an agreement between the City of Roanoke and the County of Roanoke, in a form approved by the City Attorney, establishing a new boundary line at certain points located along Williamson Road, U. S. Route 11 and 220 between the jurisdictions as more particularly described in the exhibits attached to the City Council Agenda Report dated September 19, 2016, all of which are incorporated by reference herein. 2. Upon execution of the agreement between the governing bodies, the City Attorney and/or County Attorney is authorized to petition the Circuit Court of one of the affected jurisdictions to relocate the boundary line in accordance with the exhibits attached to the City Council Agenda Report dated September 19, 2016. 3. Upon entry of an order by the Circuit Court establishing the new boundary line, the Clerk of the Circuit Court is requested to forward a certified copy of such order to the Secretary of the Commonwealth, as required by law. 4. The Mayor, the City Manager, and City Attorney are authorized to take, or cause to be taken, such other actions, and to execute other documents as may be required by law to effect the changes in the boundary line as set forth herein. 5. The City Clerk is directed to forward an attested copy of this ordinance to the Clerk of the Board of Supervisors for Roanoke County. 465 6. 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 Reyn ds, MIMIC Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 191h day of September, 2016 No. 40654-091916. AN ORDINANCE authorizing the Mayor to execute an agreement between the County of Roanoke, Virginia, and the City of Roanoke, Virginia, relating to certain boundary line adjustments between those governmental entities and affecting properties presently located in Roanoke County between Challenger Avenue and Blue Hills Village Drive; directing that certain other actions relating to such boundary line be taken as provided by law; authorizing the Mayor, the City Manager, and the City Attorney to take such further action as may be necessary to implement such agreement and boundary line adjustments; and dispensing with the second reading of this ordinance by title. WHEREAS, the Council deems it necessary in order to further the public health, safety, and welfare to relocate portions of the boundary line between the City of Roanoke and the County of Roanoke in accordance with the provisions of Section 15.2 -3106, at seq., of the Code of Virginia (1950), as amended; WHEREAS, relocation of the boundary line between such governmental entities in the areas proposed will permit more effective and efficient delivery of municipal services; WHEREAS, the City Manager has recommended to Council establishment of a new boundary line at certain points between the City of Roanoke and the County of Roanoke, as set out in the City Council Agenda Report dated September 19, 2016; WHEREAS, Roanoke County, through its administration, recommended to the Roanoke County Board of Supervisors that it agree to the boundary line relocation; Me WHEREAS, in accordance with Section 15.2 -3107 B of the Code of Virginia (1950), as amended, Roanoke County provided written notice of this proposed boundary line adjustment to the owners of the affected properties that are currently in Roanoke County and will be relocated into the City of Roanoke, as more fully described in the City Council Agenda Report dated September 19, 2016; WHEREAS, pursuant to the requirements of Section 15.2 -3107 of the Code of Virginia (1950), as amended, the City and County jointly advertised public hearings before the Roanoke County Board of Supervisors on September 13, 2016 and before the Roanoke City Council on September 19, 2016 to consider this matter, and City Council held a public hearing on September 19, 2016, at which time citizens were given the opportunity to express their views on this matter; and WHEREAS, after consideration of the views expressed at the public hearing, Council concurs in the recommendation of the City Manager as set forth in the City Council Agenda Report dated September 19, 2016, to adopt the agreement to relocate the boundary line as described in the City Council Agenda Report dated September 19, 2016. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that- 1 . The Mayor is authorized to execute an agreement between the City of Roanoke and the County of Roanoke, in a form approved by the City Attorney, establishing a new boundary line at certain points located between Challenger Avenue and Blue Hills Village Drive between the jurisdictions as more particularly described in the exhibits attached to the City Council Agenda Report dated September 19, 2016, all of which are incorporated by reference herein. 2. Upon execution of the agreement between the governing bodies, the City Attorney and /or County Attorney is authorized to petition the Circuit Court of one of the affected jurisdictions to relocate the boundary line in accordance with the exhibits attached to the City Council Agenda Report dated September 19, 2016. 3. Upon entry of an order by the Circuit Court establishing the new boundary line, the Clerk of the Circuit Court is requested to forward a certified copy of such order to the Secretary of the Commonwealth, as required by law. 4. The Mayor, the City Manager, and City Attorney are authorized to take, or cause to be taken, such other actions, and to execute other documents as may be required by law to effect the changes in the boundary line as set forth herein. 5. The City Clerk is directed to forward an attested copy of this ordinance to the Clerk of the Board of Supervisors for Roanoke County. Ie 6. Pursuant to Section 12 of the Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ,m Stephanie M. Moon Reynolds, MMC Sh6rman a, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rtl day of September, 2016. No. 40655- 092316. A RESOLUTION approving the 2015 -16 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 23, 2016, the CAPER was made available to the public August 19, 2016 through September 20, 2016 for review and public comment, and a properly advertised public hearing was held on September 19, 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 23, 2016. 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, 2016. APPROVED ATTEST: Stephanie M. Moon R Holds, MMC Sherman P. Lea, Sr. City Clerk Mayor EM IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of October, 2016. No. 40656-100316. A RESOLUTION reaffirming the Sister City relationship between the City of Florianopolis, Santa Catarina, Brazil and the City of Roanoke, Virginia; and authorizing the Mayor to execute any agreements or instruments necessary to recognize the continuing Sister City relationship between the City of Florianopolis and the City of Roanoke. WHEREAS, the City Council adopted Resolution No. 32394 - 031395 on March 13, 1995 by which Resolution City Council authorized the City to formally establish a Sister City relationship with the City of Florianopolis; WHEREAS, the City of Florianopolis and the City of Roanoke have maintained a strong and supportive Sister City relationship for more than 20 years; WHEREAS, the many collaborations between the people of the City of Florianopolis and the people of Roanoke, including the recent 2016 Memorandum of Understanding executed by Universidade do Sul de Santa Catarina and Virginia Tech Carilion Medical School of Roanoke that will formally begin an exchange program of medical students between our two communities, demonstrate the value and significance of our Sister City relationship to our communities and our regions; and WHEREAS, the City Council desires to reaffirm its relationship with the City of Florianopolis, Santa Catarina, Brazil. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke through its City Council acknowledges and reaffirms its strong and supportive Sister City relationship with the City of Florianopolis, Santa Catarina, Brazil. 2. The City of Roanoke desires to continue this Sister City relationship with the City of Florianopolis and its people through continued efforts in sharing our cultural experiences and diversity and the Mayor of the City of Roanoke and other officials of the City of Roanoke are hereby authorized to negotiate such agreements with the proper officials of the City of Florianopolis to strengthen our cultural exchange programs and experiences in our Sister City relationship, and the Mayor is hereby authorized to execute any such agreements or other documents as approved as to form by the City Attorney. 470 3. City Council expresses the hope and desire that other localities within the Blue Ridge region will join with the City in acknowledging and supporting this Sister City relationship with the City of Florianopolis and its region as a valuable relationship for our region. 4. The Mayor, the City Council, and the people of Roanoke send their warmest greetings to the Mayor of Florianopolis, its governing body, and the people of Florianopolis and look forward to continuing our Sister City relationship. APPROVED ATTEST: ���-�,�.�% �' 1 UY�U�F�IhJ X�✓ ���QJ..µ.�4• T O� �. Stephanie M. Moon Reynolds, MMd Q Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of October, 2016. No. 40657- 100316. A RESOLUTION approving the financing plan between the Western Virginia Regional Industrial Facility Authority and Roanoke County, the City of Roanoke, and the City of Salem; authorizing City of Roanoke's general obligation support of financing by the Western Virginia Regional Industrial Facility Authority; authorizing the City Manager and the City Clerk to execute and attest, respectively, the Support Agreement and the Assignment Agreement; authorizing the City Manager to take such actions and execute such documents as necessary to implement, administer, and enforce such Support Agreement and Assignment Agreement. WHEREAS, the Western Virginia Regional Industrial Facility Authority (the "Authority ") is a political subdivision of the Commonwealth of Virginia duly created pursuant to the Virginia Regional Industrial Facilities Act, Chapter 64 of Title 15.2 of the Code of Virginia of 1950, as amended (the "Act "); and WHEREAS, the Act authorizes the Authority to borrow money to pay the costs of real estate and facilities for manufacturing, warehousing, distribution, office or other commercial purposes in order to promote economic development in the geographical area served by the Authority, to accept funds from counties, cities and towns and use the same for Authority purposes, to make loans and to enter into contracts of any kind to accomplish the purposes of the Authority; and M WHEREAS, in order to further the purposes of the Act, the Authority proposes to undertake the financing of land acquisition and related improvements and facilities, including necessary expenses incidental thereto (collectively, the 'Project'), and to obtain the funds therefor by the issuance of the Authority Revenue Bond (as hereinafter defined); and WHEREAS, the City of Roanoke, Virginia (the "City "), the County of Roanoke, Virginia and the City of Salem, Virginia (together with the City, collectively the 'Participants' and each individually, including the City, a 'Participant') agree with the need for the Project and that the Project will facilitate the development of real estate and facilities as described above and promote commerce and the prosperity of the citizens in the geographical area served by the Authority; and WHEREAS, to finance the Project, the Authority has determined to issue pursuant to the terms of a Bond Purchase and Loan Agreement, dated as of October 11, 2016 (the 'Bond Purchase and Loan Agreement') between the Authority and Union Bank & Trust (the 'Bank "), its Revenue Bond, Series 2016 in the maximum principal amount of $10,000,000.00 (the "Authority Revenue Bond ") and to use the proceeds thereof to finance costs incurred in connection with the Project and to pay certain costs of issuance of the Authority Revenue Bond; and WHEREAS, such Authority Revenue Bond will be secured by a pledge of the revenues and receipts received by the Authority from payments made by the City pursuant to the Support Agreement and payments made by the other Participants pursuant to separate agreements between the Authority and the other Participants as further described herein, such payments from the City to constitute a percentage of amounts due under the terms of the Authority Revenue Bond and the Bond Purchase and Loan Agreement (the "City of Roanoke Portion of Support'); and WHEREAS, payments from other Participants in support of payments due in connection with financing of the Project will be due in the percentages set forth in the Bond Purchase and Loan Agreement from Roanoke County and the City of Salem, and the obligation of the Authority to pay principal and interest on the Authority Revenue Bond will be limited to payments received from the Participants in accordance with the terms of the Bond Purchase and Loan Agreement; and WHEREAS, all such payments from the Participants (including the City of Roanoke Portion of Support) will be assigned from the Authority to the Bank for the payment of debt service on the Authority Revenue Bond pursuant to an Assignment Agreement between the Authority and the Bank, dated as of October 11, 2016 (the "Assignment Agreement'); and 472 WHEREAS, the City's obligation to make City of Roanoke Portion of Support payments (such obligation is hereinafter referred to as the "City's Support Payment ") will be secured by the full faith and credit of the City, and as such, the City's Support Payment will be a "general obligation bond" within the meaning of the Public Finance Act of 1991 (the "Public Finance Act "), Section 15.2 -2600 et. seq.of the Code of Virginia of 1950, as amended (the "Virginia Code "); and WHEREAS, a public hearing on the issuance of the City's Support Payment has been held after notice was published in accordance with the requirements of Section 15.2 -2606 of the Virginia Code; and WHEREAS, there have been presented to this meeting drafts of the following documents (collectively, the "Documents ") in connection with the transactions described above, copies of which shall be filed with the records of the City Council: a. a Support Agreement between the Authority and the City, dated as of October 11, 2016 (the "Support Agreement ") setting forth the City's Support Payment; b. the Bond Purchase and Loan Agreement; C. the Assignment Agreement, assigning to the Bank the Authority's rights to receive payments from the Participants including the Authority's rights under the Support Agreement, which is to be acknowledged and ' consented to by the City; d. a Specimen Authority Revenue Bond. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Roanoke, Virginia: 1. The following plan for financing is approved. The Authority shall use the proceeds from the issuance of the Authority Revenue Bond to finance the Project. The City shall agree in the Support Agreement to make payments to the Authority sufficient to pay when due the City of Roanoke Portion of Support. The obligation of the Authority to pay principal and interest on the Authority Revenue Bond will be limited to payments received from the Participants in accordance with the terms of the Bond Purchase and Loan Agreement. The City's Support Payment shall constitute a general obligation debt of the City. The issuance of the City's Support Payment is hereby authorized on the terms and conditions as substantially set forth in the Support Agreement, and in accordance with Section 15.2 -2601 of the Virginia Code, the City Council elects to issue the City's Support Payment pursuant to the provisions of the Public Finance Act. The City's Support Payment shall be a general obligation of the City to which the full faith and credit of the City are irrevocably pledged, entitling the owner or owners of the City's Support Payment, including any person or entity to which ownership rights of the City's 473 Support Payment have been assigned, to the remedies set forth in Section 15.2 -2659 of the Virginia Code in the event of nonpayment of the principal of or interest on the City's Support Payment. The amount of the City's Support Payment designated for support of the principal amount of the Authority Revenue Bond shall not exceed $5,000,000.00. The City Council is authorized to and shall 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 payments under the City's Support Payment to the extent other funds of the City are not lawfully available and appropriated for such purpose. 2. The City Council hereby approves, and acknowledges and consents to, as appropriate, the Documents in substantially the forms submitted to this meeting with such completions, omissions, modifications, insertions and changes as may be approved by the Mayor or Vice Mayor of the City or the City Manager, whose execution of the Support Agreement shall be conclusive evidence of such approval, acknowledgement and consent. The final terms and interest rate of the Authority Revenue Bond in a maximum principal amount of $10,000,000.00 will be approved as authorized by the Authority. 3. Any authorization herein to execute a document shall include authorization to deliver it to the other parties thereto and to record such document where appropriate. 4. The City Council finds and determines that the Project is in furtherance of lawful purpose and objectives and will be in the public interest, will benefit the citizens of the City, will increase commerce and will promote the safety, health, welfare, convenience and prosperity of the City and its citizens. 5. The Mayor or Vice Mayor of the City, or either of them, and the City Manager and City Clerk are each hereby authorized and directed to execute the Support Agreement and acknowledgement and consent to the Assignment Agreement as described above and such other instruments, agreements and documents as are necessary to issue the Support Agreement and to create and perfect a complete assignment in favor of the Bank of the payments due or to become due under the Support Agreement. The officers, employees and representatives of the City are authorized and directed to work with representatives of the Authority, the Bank, the Authority's financial advisor, the Authority's bond counsel and representatives of the other Participants to take such actions, authorize such services and prepare all documentation necessary for the Authority to issue the Authority Revenue Bond in accordance with the Documents and to otherwise carry out the intent of this Resolution. IA 6. All other acts of the officers, employees, agents and representatives of the City that are in conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the Authority Revenue Bond, the execution and delivery of the Support Agreement and the acknowledgement and consent to the Assignment Agreement and the undertaking of the Project are hereby approved, ratified and confirmed. 7. The City Attorney and the City Clerk, or their designees, are authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the City of Roanoke, Virginia, pursuant to Sections 15.2 -2607 and 15.2 -2653 of the Virginia Code. 8. This resolution shall take effect immediately. APPROVED ATTEST: Stephanie M. Moon Reynolds, MM Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of October, 2016. No. 40658-100316. A RESOLUTION approving the Participation Agreement between the Western Virginia Regional Industrial Facility Authority and Roanoke County, the City of Roanoke, and the City of Salem; authorizing the City Manager and the City Clerk to execute and attest, respectively, such Participation Agreement; authorizing the City Manager to take such actions and execute such documents as necessary to implement, administer, and enforce such Participation Agreement. WHEREAS, pursuant to the Virginia Regional Industrial Facilities Act, Chapter 64 of Title 15.2 of the Code of Virginia of 1950, as amended (the "Act ") the governing bodies of Botetourt County, Franklin County, Roanoke County, the City of Roanoke, the City of Salem and the Town of Vinton (the "Member Localities ") each adopted an ordinance for the creation of the Western Virginia Regional Industrial Facility Authority (the "Authority ") in order to promote economic development in the geographical region; MR WHEREAS, Roanoke County, the City of Roanoke, and the City of Salem (the "Participants" and each individually, a 'Participant') and the Authority have identified real property located in Roanoke County described as five (5) parcels in Roanoke County, Virginia roughly bounded by and in the vicinity of Interstate 81 and Wood Haven Road, which consists of approximately one hundred six (106) acres, together with such other parcels of real property that may be acquired by the Authority in connection with the project contemplated herein (the 'Real Property ") to be acquired and used for industrial park or other economic development purposes and the need for the design, acquisition, construction and equipping of water, sewer, roadway and other improvements on or near the Real Property (together, the 'Project'), as an important project for the region to promote the purposes for which the Authority has been formed; WHEREAS, the Act authorizes the Authority, among other things, to develop, construct, improve, equip and maintain facilities for industrial or commercial purposes, to expend funds as may be available to it for the purposes of developing such facilities, to enter into contracts of any kind with respect to carrying out its powers under the Act, to accept funds and property from counties, cities and towns and use the same for any of the purposes for which the Authority is created and to enter into cooperative arrangements with any governmental entity in furtherance of the purposes of the Act, and authorizes each Participant to provide funds to the Authority for any of its purposes and each Participant is otherwise authorized by law to make appropriations for the accomplishment of the lawful purposes and objectives of such Participant; and WHEREAS, the Authority and the Participants desire to enter into this Participation Agreement for the purposes of establishing the scope of the Project, describing certain contributions of the Authority and the Participants toward development of the Project and providing for the sharing of certain revenue from the Project. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the provisions of the Participation Agreement as set forth in the City Council Agenda Report dated October 3, 2016, provided that such Participation Agreement will be the same or substantially similar to the one attached to such report. 2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, a Participation Agreement in a form substantially similar to the one attached to the above mentioned City Council Agenda Report, such Participation Agreement to be approved as to form by the City Attorney. 476 3. The City Manager is authorized to take such actions and execute such documents as necessary to implement, administer, and enforce such Participation Agreement. APPROVED ATTEST: Stephanie M. Moon Reyno MMC Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3ro day of October, 2016. No. 40659 - 100316. AN ORDINANCE authorizing the City Manager to execute proposed Amendment No. 1 to the Contract for Purchase and Sale of Real Property ( "Contract'), between the City and Straight Street Roanoke Valley, Inc. ( "Straight Street "), dated April 7, 2016, providing for the conveyance of two (2) parcels of City -owned properties more particularly described as follows: (i) a parcel of real property being approximately 6.9357 acres, more or less, including improvements, situate on Coyner Springs Road, Botetourt County, Virginia, and bearing Botetourt Parcel Id. No. 108(9)1B ('Parcel 113"); and (ii) a parcel of real property, including improvements, consisting of approximately 28.8908 acres, more or less, situate on Coyner Springs Road, Botetourt County, Virginia, and bearing Botetourt Parcel Id. No. 108(9)1A ( "Parcel 1A "), (collectively "Property"), and extending the closing of the Property until a date on or before October 31, 2016, upon certain terms and conditions; authorizing the City Manager to take all acts, execute such documents, and take such other actions deemed necessary to deliver, perform, enforce, effectuate, and administer the Contract as amended by Amendment No. 1; and dispensing with the second reading of this Ordinance by title. WHEREAS, the City and Straight Street entered into the Contract pursuant to Ordinance No. 40466 - 032116, adopted and dated by Roanoke City Council on March 21, 2016; WHEREAS, the Contract identified Parcel 1A as containing 23.48 acres, more or less, and Parcel 1B as containing 6.928 acres, more or less, based on a survey attached to the Contract dated October 29, 2012, 477 WHEREAS, subsequent to the date of the Contract, a revised survey commissioned by Straight Street dated September 19, 2016, showed that Parcel 1A actually contained 28.8908 acres, more or less, and Parcel 1B contained 6.9357 acres, more or less, WHEREAS, the parties desire to amend the Contract by proposed Amendment No.1 to substitute the September 19, 2016, survey in place of the survey dated October 29, 2012, providing for the conveyance of Parcel 1 B containing approximately 6.9357 acres, more or less, and Parcel 1A containing approximately 28.8908 acres, more or less, and to extend the closing date until a date on or before, and not later than, October 31, 2016, and to provide for such other amendments to the Contract; and WHEREAS, a public hearing was held on October 3, 2016, pursuant to § §15.2- 1800 and 15.2 -1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that 1. City Council approves the proposed Amendment No. 1 to the Contract for the reasons set forth in the above recitals, and in the City Council Agenda Report dated October 3, 2016, which amendment provides for the sale of the Property known as Parcel 1B, containing approximately 6.9357 acres, more or less, and Parcel 1A containing approximately 28.8908 acres, more or less, to Straight Street, and extends the closing date until a date on or before, and not later than, October 31, 2016. City Council ratifies, approves, and confirms the Contract, as amended by proposed Amendment No. 1. 2. The City Manager is hereby authorized, for and on behalf of the City, to execute the proposed Amendment No. 1, with Straight Street as more particularly stated in the City Council Agenda Report dated October 3, 2016, and the attachment to that Report. The City Manager is hereby further authorized to take all acts, execute all documents, and take any other actions deemed necessary to delivery, perform, enforce, effectuate, and administer the Contract, as amended by Amendment No. 1, and convey the Property in accordance with the Contract, as amended by Amendment No. 1. 3. All documents necessary for conveyance of the Property shall be in form approved by the City Attorney. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reynol MC Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3`d day of October, 2016. No. 40660 - 100316. A RESOLUTION accepting the Virginia Department of Transportation's (VDOT) award to the City in the total amount of $200,000.00 for Regional Surface Transportation Program (RSTP) for the Garden City Boulevard Trail Project (Project); and authorizing the City Manager to take certain other actions in connection with the above matter and project. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the VDOT award in the total amount of $200,000.00 for the RSTP program for the Project, with no required local match from the City, which project will provide bicycle and pedestrian infrastructure to southeast Roanoke along the Garden City Boulevard Trail, also known as the Garnand Branch Bicycle and Pedestrian Trail, all as more fully set forth in the City Council Agenda Report dated October 3, 2016. 2. City Council hereby authorizes the City Manager to execute any documents necessary to receive such award, with such documents to be approved as to form by the City Attorney. 479 3. The City Manager is hereby authorized to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use such funds in the total amount of $200,000.00 from VDOT, for the above mentioned Project, with any such documents to be approved as to form by the City Attorney. APPROVED ATTEST: Stephanie M. Moon Reyno e MMC Sh rman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of October, 2016. No. 40661 - 100316. AN ORDINANCE to appropriate funding from the Virginia Department of Transportation Funds to the Garden City Boulevard Trail project, amending and reordaining certain sections of the 2016 - 2017 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 2016 - 2017 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from Federal Grant Funds 08 -530- 9462 -9002 $ 200,000.00 Revenues VDOT RSTP — Garden City Blvd Trail 08- 530 - 9462 -9464 200,000.00 "0� Pursuant 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 MC Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rtl day of October, 2016. No. 40662 - 100316. A RESOLUTION accepting the FY17 Virginia Department of Transportation's (VDOT) award of Transportation Revenue Sharing Program Funds (Revenue Sharing Funds) to the City in the total amount of $1,000,000.00 for the 10�h Street, N. W. Project (Project); authorizing the City Manager to execute an Appendix A document for Revenue Sharing Funds for the Project, which will require the City to provide matching funds of $1,000,000.00; 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 FY17 VDOT award of Revenue Sharing Funds in the total amount of $1,000,000.00 to be provided by VDOT for the FY17 time period for the 101" Street, N. W. Project, with the City providing local matching funds in the total amount of $1,000,000.00, with such funds to be allocated by VDOT and having already been committed by the City of Roanoke, all as more fully set forth in the City Council Agenda Report dated October 3, 2016. 2. The City Manager is hereby authorized to execute an Appendix A document to a VDOT Standard Programmatic Project Administration Agreement for Revenue Sharing Projects, as extended, substantially similar to the one attached to the above mentioned Agenda Report for the above Project in connection with the VDOT Revenue Sharing Funds, together with the required City matching funds mentioned above. Such Appendix shall be approved as to form by the City Attorney. • 3. The City Manager is hereby authorized to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use the above Revenue Sharing Funds in the total amount of $1,000,000.00 from VDOT, together with $1,000,000.00 in City matching funds, for the above mentioned Project, with any such documents to be approved as to form by the City Attorney. APPROVED ATTEST: Stephanie M. Moon Reyno 57J Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of October, 2016. No. 40663 - 100316. AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Colonial Avenue 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, temporary easements, right of way interests in fee simple, and such other real property interests as needed, as set forth in the City Council Agenda Report dated October 3, 2016, for the Project, in the vicinity of Fishburn Park Elementary School and Virginia Western Community College on Colonial Avenue, S. W., Roanoke, Virginia, from Overland Road, S. W., Roanoke, Virginia, to Winding Way Drive, S. W., Roanoke, Virginia, and surrounding streets. The proper City officials and City staff are hereby authorized to acquire by negotiation for the City the necessary real property interests and appropriate ancillary rights with respect to the real property parcels referred to in the above mentioned City Council Agenda Report and any other real property parcels needed for the Project. All requisite documents shall be approved as to form by the City Attorney. u i I 2. The City Manager is further authorized to execute appropriate acquisition documents for the above mentioned parcel(s), and such other parcels needed for the Project, 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: 1 y�,, y,,, Stephanie M. Moon Reynold C (/ Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of October, 2016. No. 40664 - 100316. AN ORDINANCE to appropriate additional funding from the Virginia Department of Transportation for street maintenance projects, amending and reordaining certain sections of the 2016 - 2017 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 2016 - 2017 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services 01- 530 - 4120 -2010 $ 363,246.00 Revenues Street Maintenance 01- 110 - 1234 -0650 363,246.00 R Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. F,J-J-J;7JQll ATTEST: tIbw Stephanie M. Moon Reynolds, MMC Sherman P. a, Sr.N City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rtl day of October, 2016. No. 40665 - 100316. A RESOLUTION repealing Resolution No. 36967 - 022205, which adopted a Plan for Participation in Procurement Transactions of Small Businesses and Businesses Owned by Women and Minorities; and adopting and endorsing a Revised Plan for Participation in Public Procurement Transactions Subject to the Virginia Public Procurement Act of Small, Minority- owned, Women- owned, and Service Disabled Veteran -owned Businesses. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Resolution No. 36967- 022205, which adopted a Plan for Participation in Procurement Transactions of Small Businesses and Business Owned by Women and Minorities, be and is hereby REPEALED. 2. Council hereby adopts and endorses a Revised Plan for Participation in Public Procurement Transactions Subject to the Virginia Public Procurement Act of Small, Minority- owned, Women- owned, and Service Disabled Veteran -owned Businesses, which is attached to the City Council Agenda Report dated October 3, 2016. i 0i M 3. Council hereby authorizes the City Manager to take appropriate measures to implement the Revised Plan immediately. APPROVED ATTEST: "A G � -� Stephanie M. Moon Reyno M C Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of October, 2016. No. 40666 - 100316. A RESOLUTION appointing a Director of the Economic Development Authority of the City of Roanoke. WHEREAS, the Council is advised that there is a vacancy in the position of Director of the Economic Development Authority of the City of Roanoke, Virginia; and WHEREAS, §15.2 -4904, Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall be made for terms of four (4) years. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that William Poe is hereby appointed as a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke, Virginia, for a term commencing October 21, 2016, and expiring October 20, 2020. APPROVED ATTEST: row Stephanie M. Moon Re s, M City Clerk Sherman . Lea, Sr. �- Mayor • IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of October, 2016. No.40667- 100316. A RESOLUTION appointing a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke, Virginia to fill the remaining portion of an unexpired four (4) year term on its Board of Directors. WHEREAS, the Council is advised that Paula Page Williams, a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke, Virginia, resigned effective July 20, 2016, from a position the term of which is to expire October 20, 2017, and the vacancy has not been filled; and WHEREAS, §15.2 -4904, Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall, after initial appointment, be made for terms of four (4) years, except appointments to fill vacancies which shall be for the remainder of the unexpired term. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Duke Baldridge is hereby appointed as a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke, Virginia, to fill the remaining portion of the four (4) year term of Paula Page Williams which commenced on November 2, 2015, and will expire on October 20, 2017. APPROVED ATTEST: A�f��q}\�1 [� Q C � , iv1Nl�J� Stephanie M. Moon Reynolds, C Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of October, 2016. No. 40668-100316. A RESOLUTION supporting Roanoke's military and veteran caregivers. U i 0 WHEREAS, the series of wars in which our nation has been engaged over time, since World War II, has resulted in 5.5 million military and veteran caregivers who are parents, spouses, siblings and friends, caring for those wounded, ill or injured who have served our nation, as documented by the 2014 Rand study commissioned by the Elizabeth Dole Foundation; WHEREAS, the daily tasks of these military and veterans caregivers can include bathing, feeding, dressing, and caring for the grievous injuries of wounded warriors, administering medications, providing emotional support, caring for the family and the home, and working outside the home to earn essential income; WHEREAS, the nation provides multi- faceted support to our wounded, ill and injured veterans and service members through public, private and philanthropic resources, but their caregivers receive little support or acknowledgement; WHEREAS, most military and veteran caregivers consider the challenging work they do as simply carrying out their civic and patriotic duty, without realizing they are, in fact, caregivers, and do not identify themselves as such; WHEREAS, an alarming number of military and veteran caregivers, according to research, are suffering numerous debilitating mental, physical and emotional effects as a result of their caregiving duties; and WHEREAS, the City of Roanoke desires to recognize and support those who are serving in these vital roles in our own community. THEREFORE, BE IT RESOLVED, by the Council of the City of Roanoke, Virginia, as follows: 1. The City Council hereby designates the City of Roanoke as a military and veteran caregiver supportive city. 2. The City of Roanoke will seek to identify military and veteran caregivers residing in our City. 3. The City of Roanoke will work to ensure that our government, organizations, employers and non - profits are aware of the unique challenges of military and veteran caregivers and are encouraged to create supportive environments and opportunities for assistance. 4. The City of Roanoke will plan an observance each May, during Military Appreciation Month, to honor and recognize the City's military and veteran caregivers in partnership with the Elizabeth Dole Foundation's national Hidden Heroes campaign. • 5. The City of Roanoke encourages all who care for and support veterans and service members to extend that support to their caregivers. 6. The City of Roanoke designates the City Manager or his designee to serve as point of contact, for the public or private sector, for citizens and organizations wanting to offer support, and caregivers who need that support. APPROVED ATTEST: *6� Stephanie M. Moon Reynol C Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rtl day of October, 2016. No. 40669-100316. A RESOLUTION urging the General Assembly to establish a regional transportation district for the New River - Roanoke- Southside region. WHEREAS, the development of transportation infrastructure is a critical component in economic development throughout the Commonwealth of Virginia; WHEREAS, the economies of Southside Virginia and Southwestern Virginia lag the economies of Hampton Roads and Northern Virginia, in part due the significant differences in the amount of spending for transportation infrastructure between Northern Virginia and Southside Virginia and Southwestern Virginia; WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) defined High Priority Corridor 5, as the "1 -73/74 North —South Corridor' from Charleston, South Carolina, to Detroit, Michigan, and in Virginia this route would run from Henry County to Roanoke County to Giles County; WHEREAS, the Commonwealth Transportation Board has studied a route for Interstate 73 and has begun to develop an Environmental Impact statement, required under the National Environmental Policy Act, for permitting processes required by the US Army Corps of Engineers; WHEREAS, a report by Chmura Economic and Analytics states that in Virginia, 5,303 worker employed each year during 9 year construction phase; WHEREAS, in Virginia, annual travel efficiency and cost saving is estimated to be 141.2 million in 2020, and $161 million in 2025; WHEREAS, development of Interstate 73 is estimated to generate an additional $13.8 million in state taxes in Virginia and an additional $9.2 million in local taxes per year upon completion, and an $17.1 million state tax and $10.9 million local tax per year five year after completion; WHEREAS, more than 50,000 permanent jobs are projected to be created in the Interstate 73 region upon completion; WHEREAS, additional highway funding is critical and essential in order to commence the process of construction of Interstate 73; WHEREAS, the region that will be most positively impacted and benefited by the development and construction of Interstate 73 must provide some of this funding in order for the Commonwealth Transportation Board to approve the construction of Interstate 73; WHEREAS, the funding mechanisms created for the Northern Virginia Transportation Authority and the Hampton Roads Transportation Accountability Commission provide effective models for highway funding and regional transportation management cooperation; WHEREAS, the lack of such a regional transportation funding management organization within Southwestern Virginia is detrimental to the further economic development of the Roanoke Valley, the New River Valley and Southside Virginia; WHEREAS, the creation of a New River - Roanoke - Southside transportation funding and management organization would significantly benefit this region of the Commonwealth and expand the economic and cultural development of this region of the Commonwealth; and WHEREAS, only the Virginia General Assembly can establish such an organization. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Roanoke as follows: 1. City Council hereby urges the Virginia General Assembly to create a regional transportation authority similar to the Northern Virginia Transportation Authority or the Hampton Roads Transportation Accountability Commission for our region of the Commonwealth with the stated purpose of improving our region's transportation network, including but not limited to the construction of Interstate 73. i A• 2. City Council requests that our delegation to the Virginia General Assembly to support this effort and to persuade their colleagues throughout the Commonwealth of Virginia to provide our region with this authority to improve our transportation system to benefit our region of the Commonwealth. 3. The City Clerk is directed to deliver copies of this Resolution to the Honorable John Edwards, the Honorable David Suetterlein, the Honorable Christopher Head, the Honorable Terry Austin, the Honorable Sam Rasoul, and the Honorable Greg Habeeb. APPROVED ATTEST: Stephanie M. Moon Reynolds, MC Sherman P. Lea, Sr. City Clerk Mayor M IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17'" day of October, 2016. No. 40670-101716. A RESOLUTION authorizing acceptance of the State Criminal Alien Assistance Program (SCAAP) Grant made to the City of Roanoke Sheriff's Department by the Bureau of Justice Assistance Office in conjunction with the U.S. Department of Homeland Security, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows- 1 . The City Manager is hereby authorized on behalf of the City to accept the State Criminal Alien Assistance Program (SCAAP) Grant in the amount of $8,424.00 to the Roanoke City Sheriffs Department to partially fund the purchase a new inmate transport vehicle. Such grant being more particularly described in the City Council Agenda Report dated October 17, 2016. 2. The Sheriff and the City Manager are hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The Sheriff and the City Manager are further directed to furnish such additional information as may be required by the Bureau of Justice Assistance Office in connection with the acceptance of the foregoing grant. APPROVED A_Ty�TEESTp:� Stephanie M. Moon Re Ids, -tAW Sherman P. Leal,, Sr. City Clerk Mayor 491 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17'h day of October, 2016. No. 40671-101716. AN ORDINANCE to appropriate funding from the Federal government forthe State Criminal Alien Assistance Program ( SCAAP), amending and reordaining certain sections of the 2016 - 2017 Grant Fund Appropriations, and dispensing with the second reading bytitle of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2016 - 2017 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Vehicular Equipment 35- 140 -5923 -9010 $8,424.00 Revenues SCAAP FY17 35- 140 - 5923 -5923 8,424.00 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: are, Qty/ � P �"' �- Stephanie M. Moon Rey She P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17� day of October, 2016, No. 40672-101716. AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Windsor Road Stormwater Drainage Improvements Project ('Project'); authorizing City staff to acquire such property rights by negotiation for the City; authorizing the City Manager to execute appropriate acquisition documents; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 492 1. The City wants and needs certain real property rights, to include permanent easements of variable length and width, temporary easements, right of way interests in fee simple, and such other real property interests as needed, as set forth in the City Council Agenda Report dated October 17, 2016, for the Project, in the vicinity of the 3500 Block of Windsor Road, S. W., Roanoke, Virginia, the 3600 Blocks of Mud Lick Road, S. W., Roanoke, Virginia and Brymoor Road, S. W., Roanoke, Virginia, the 1900 Block of Deyerle Road, S. W., Roanoke, Virginia, and surrounding streets, which are located within the Greater Deyerle Neighborhood. 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. 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), and such other parcels needed for the Project, 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: f_ Stephanie M. Moon Reyn M ", Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17" day of October, 2016, No. 40673-101716. AN ORDINANCE authorizing two (2) existing encroachments, at the request of South Commonwealth Partners, LLC, a South Carolina limited liability company, into the public right -of -way of the City of Roanoke, in connection with the development of the downtown Hampton Inn, at the following locations: (1) at the cornerof Luck Avenue, S. E., and Church Avenue, S. E., Roanoke, Virginia, in front of the new Hampton Inn, and between the first and second levels of the northern fagade of the parking garage structure designated as Official Tax Map No. 4015004, and (2) on the side of Church Avenue, S. E., Roanoke, Virginia, on the side of the new Hampton Inn, and between the first and second levels of the northern facade of the parking garage structure designated as Official Tax Map No. 4015004; upon certain terms and conditions, and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Authorization is hereby granted to South Commonwealth Partners, LLC, a South Carolina limited liability company, pursuant to Section 15.2 -2010, Code of Virginia (1950) as amended, forthe encroachment of an existing sign into the City's public right -of- way located at the corner of Luck Avenue, S. E. and Church Avenue, S. E., Roanoke, Virginia, in front of the new Hampton Inn, and between the first and second levels of the northern facade of the parking garage structure designated as Official Tax Map No. 4015004. The encroachment shall be approximately 12 inches in width, and will extend approximately 2.9 feet in length into the public right -of -way, more particularly bounded and described on the survey entitled "Exhibit Showing an Existing Sign and Canopy Extending into the Right of Way of Church Avenue, S. E., City of Roanoke, Virginia dated September 20, 2016," and as more particularly set forth and described in the City Council Agenda Report dated October 17, 2016. 2. Authorization is further granted to South Commonwealth Partners, LLC for the existing encroachment of a canopy into the City's public right -of -way located on Church Avenue, S. E., Roanoke, Virginia, on the side of the new Hampton Inn, and between the first and second levels of the northern fagade of the parking garage structure designated as Official Tax Map No. 4015004. The encroachment shall be approximately 58 feet 3 inches in width and will extend approximately 1.5 feet in length into the public right -of -way, more particularly bounded and described on the survey entitled "Exhibit Showing an Existing Sign and Canopy Extending into the Right of Way of Church Avenue, S. E., Cityof Roanoke, Virginia dated September 20, 2016," and as more particularly set forth and described in the aforementioned City Council Agenda Report. me 3. It is agreed by South Commonwealth Partners, LLC that in maintaining such encroachments, South Commonwealth Partners, LLC and its grantees, assignees, or successors in interest agree to indemnify and save harmless the City of Roanoke, its officers, agents, and employees from any and all claims for injuries or damages to persons or property, including attorney's fees, that may arise by reason of the above - described encroachment. South Commonwealth Partners, LLC agrees that the encroachments shall be removed at any time from the right -of -way upon written demand of the City of Roanoke, and that such placement and removal of the encroachments shall be at the sole cost and expense of South Commonwealth Partners, LLC. South Commonwealth Partners, LLC agrees that it shall be solely responsible for the installation, maintenance, operation, cleaning, repair, restoration, of the encroachments, and it shall replace any damage to the building, and any damage to the land, caused by the placement and removal of the encroachments, at South Commonwealth Partners, LLC's sole cost and expense. 4. South Commonwealth Partners, LLC, its grantees, assigns, or successors in interest, shall, for the duration of this permit, maintain on file with the City Clerk's Office evidence of insurance coverage for such encroachments in an amount not less than $2,000,000.00 of general liability insurance. The certificate of insurance must list the City of Roanoke, its officers, agents, and employees as additional insureds, and an endorsement by the insurance company naming these parties as additional insureds must be received within thirty (30) days of passage of this ordinance. The certificate of ... insurance shall state that such insurance may not be canceled or materially altered without _ thirty (30) days written advance notice of such cancellation or alteration being provided to the Risk Management Officer for the City of Roanoke. 5. The City Clerk shall transmit an attested copy of this Ordinance to the South Commonwealth Partners, LLC, c/o Windsor /Aughtry Company, Inc., Suite 500, 40 West Broad Street, Greenville, SC 29601. 6. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by South Commonwealth Partners, LLC has been admitted to record, at the cost of South Commonwealth Partners, LLC, in the Cleric's Office of the Circuit Court for the City of Roanoke and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 4 above is on file in the Office of the City Clerk, or until the City requires the removal of such encroachments, which may be done in the sole discretion of the City by sending written notice to South Commonwealth Partners, LLC to remove the encroachments authorized herein. In the event this Ordinance is not signed by South Commonwealth Partners, LLC and recorded in the Circuit Court Clerk's Office for the City of Roanoke within (90) days from the adoption of this Ordinance, this Ordinance shall terminate and be of no further force and effect. 495 7. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ej Stephanie M. Moon Reyc Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17" day of October, 2016. No. 40674 - 101716. A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 2017 Session of the General Assembly; and authorizing the City's legislative liaison to advocate the positions of the City with respect to matters presented during the 2017 Session of the General Assembly. WHEREAS, the members of City Council are in a unique position to be aware of the legislative needs of this City and its people; WHEREAS, previous Legislative Programs of the City have been responsible for improving the efficiency of local government and the quality of life for citizens of this City and our Blue Ridge region; WHEREAS, Council is desirous of again adopting and endorsing a Legislative Program to be advocated by the Council and its representatives at the General Assembly; WHEREAS, Council is also desirous to authorize its legislative liaison with authority to advocate the position of the City on matters that may affect the City that are not specifically included in its Legislative Program in an efficient and effective manner; and WHEREAS, the Legislative Committee of City Council has by report, dated October 17, 2016, recommended to Council a Legislative Program to be presented at the 2017 Session of the General Assembly. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the M6• 1. The Legislative Program transmitted by report of the Legislative Committee, dated October 17, 2016, is hereby adopted and endorsed by the Council as the City's official Legislative Program for the 2017 Session of the General Assembly. 2. Council authorizes the City's legislative liaison to advocate on all matters that arise during the 2017 Session of the General Assembly that may affect the interests of the City. With respect to matters that are not specifically included in the 2017 Legislative Program, the City's legislative liaison shall first advise the Chair or Vice Chair of the Legislative Committee and the City Manager of the particular matter and the position that the City should advocate and shall receive the consent of the Chair or Vice Chair of the Legislative Committee and the City Manager to proceed. 3. Ajoint meeting of the School Board and City Council will be held on Monday, November 7, 2016, at 9:00 a.m., to present the 2017 Legislative Program to the Senators and Delegates. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17`" day of October, 2016. No. 40675-101716. AN ORDINANCE to appropriate funding from the Federal and Commonwealth grants and the Schools general funds for various educational programs, amending and reordaining certain sections of the 2016 - 2017 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 2016 - 2017 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Teachers 302 - 110 - 1102 - 0300 - 123L - 61100 - 41121 - 2 - 05 $ 39,408.00 Program Coordinator /Site 302 - 110 - 1102 - 0300 - 123L - 61100 - 41124 - 2 - 05 22,219.00 Manager "~ Activity Assistants 302 - 110 - 1102 - 0300 - 123L - 61100 - 41141 - 2 - 05 39,491.00 Retiree Health 302 - 110 - 1102 - 0300 - 123L - 61100 - 42200 - 2 - 05 60.00 - 4Q7 Social Security 302- 110- 1102 - 0300 - 123L - 61100 - 42201 - 2 - 05 6,863.00 VRS 302-110- 1102 - 0300 - 123L - 61100 - 42202 - 2 - 05 794.00 Medical /Dental 302 - 110 - 1102 - 0300 - 123L - 61100 - 42204 - 2 - 05 2,563..00 Group Life 302- 110 - 1102 - 0300 - 123L - 61100 - 42205 - 2 - 05 72.00 Professional Contracted 302- 110- 1102-0300- 123L - 61100 - 43313 - 2 - 05 25,330.00 Services Professional 302- 110- 1102 - 0300 - 123L - 61100 - 43343 - 2 - 05 27,300.00 Transportation Travel - Meals & Lodging 302 - 110 - 1102 - 0300 - 123L - 61100 - 45553 - 2 - 05 2,207.00 Educational& 302- 110- 1102 - 0300 -123L- 61100 - 46614 -2 -05 8,172.00 Recreational Supplies Teachers 302- 110- 1102 - 0150 - 125L - 61100 - 41121 - 2 - 05 44,880.00 Program Coordinator /Site 302 - 110 - 1102 - 0150 - 125L - 61100 - 41124 - 2 - 05 19,065.00 Manager Activity Assistants 302 - 110 - 1102 - 0150 - 125L - 61100 - 41141 - 2 - 05 34.446.00 Retiree Health 302- 110- 1102 - 0150 - 125L - 61100 - 42200 - 2 - 05 78.00 Social Security 302 - 110 - 1102 - 0150 - 125L - 61100 - 42201 - 2 - 05 6,665.00 VRS 302 - 110 - 1102 - 0150 - 125L - 61100 - 42202 - 2 - 05 1,036.00 Medical /Dental 302 - 110 - 1102 - 0150 - 125L - 61100 - 42204 - 2 - 05 4,447.00 Group Life 302- 110- 1102 - 0150 - 125L - 61100 - 42204 - 2 - 05 93.00 Professional Contracted 302- 110- 1102 - 0150 - 125L - 61100 - 43313 - 2 - 05 23,750.00 Services Professional 302 - 110 - 1102 - 0150 - 125L - 61100 - 43343 - 2 - 05 24,000.00 Transportation Travel - Meals & Lodging 302 - 110 - 1102 - 0150 - 125L - 61100 - 45553 - 2 - 05 2,729.00 Educational & 302- 110 - 1102 - 0150 - 125L - 61100 - 46614 - 2 - 05 5,000.00 Recreational Supplies Teachers 302 - 110 - 1102 - 0430 - 127L - 61100 - 41121 - 2 - 05 36,912.00 Program Coordinator /Site 302- 110 - 1102 - 0430 - 127L - 61100 - 41124 - 2 - 05 20,419.00 Manager Activity Assistants 302 - 110 - 1102 - 0430 - 127L - 61100 - 41141 - 2 - 05 38,090.00 Retiree Health 302 - 110 - 1102 - 0430 - 127L - 61100 - 42200 - 2 - 05 60.00 Social Security 302- 110- 1102 - 0430 - 127L - 61100 - 42201 - 2 - 05 6,427.00 VRS 302 - 110 - 1102 - 0430 - 127L - 61100 - 42202 - 2 - 05 794.00 Medical /Dental 302 - 110 - 1102 - 0430 - 127L - 61100 - 42204 - 2 - 05 2,565.00 Group Life 302 - 110 - 1102 - 0430 - 127L - 61100 - 42205 - 2 - 05 72.00 Professional Contracted 302- 110 - 1102 - 0430 - 127L - 61100 - 43313 - 2 - 05 29,940.00 Services Professional 302 - 110 - 1102 - 0430 - 127L - 61100 - 43343 - 2 - 05 26,520.00 Transportation Travel - Meals & Lodging 302- 110- 1102 - 0430 - 127L - 61100 - 45553 - 2 - 05 2,207.00 Educational & 302- 110 - 1102 - 0430 - 127L - 61100 - 46614 - 2 - 05 4,659.00 Recreational Supplies Teachers 302 - 110 - 1102 - 0280 - 139L - 61100 - 41121 - 3 - 05 20,040.00 Program Coordinator /Site 302- 110- 1102 - 0280 - 139L - 61100 - 41124 - 3 - 05 25,369.00 Manager Activity Assistants 302 - 110 - 1102 - 0280 - 139L - 61100 - 41141 - 3 - 05 37,587.00 Retiree Health 302- 110- 1102 - 0280 - 139L - 61100 - 42200 - 3 - 05 60.00 Social Security 302- 110- 1102 - 0280 - 139L - 61100 - 42201 - 3 - 05 5,395.00 VRS 302 - 110 - 1102 - 0280 - 139L - 61100 - 42202 - 3 - 05 794.00 Medical /Dental 302 - 110 - 1102 - 0280 - 139L - 61100 - 42202 - 3 - 05 2,564.00 Group Life 302- 110- 1102 - 0280 - 139L - 61100 - 42205 - 3 - 05 71.00 Professional Contracted 302 - 110 - 1102 - 0280 - 139L - 61100 - 43313 - 3 - 05 30,639.00 Services M M 0 i Professional 302- 110 - 1102 - 0280 - 139L - 61100 - 43343 - 3 - 05 26,910.00 Transportation Travel - Meals & Lodging 302- 110- 1102-0280- 139L - 61100 - 45553 - 3 - 05 2,20200 Educational& 302 - 110- 1102- 0280 -139L- 61100 - 46614 -3 -05 4,071.00 Recreational Supplies Teachers 302-110- 1102-0420- 141 L - 61100 - 41121 - 2 - 05 36,912.00 Program Coordinator /Site 302- 110- 1102-0420- 141L - 61100 - 41124 - 2 - 05 20,419.00 Manager Activity Assistants 302 - 110- 1102 - 0420 -141L- 61100 - 41141 -2 -05 39,491.00 Retiree Health 302-110- 1102-0420- 141 L - 61100 - 42200 - 2 - 05 60.00 Social Security 302 - 110 - 1102 - 0420 -141L- 61100- 42201 -2 -05 6,534.00 VRS 302 - 110 - 1102 - 0420 - 141 L - 61100 - 42202 - 2 - 05 794.00 Medical /Dental 302- 110 - 1102 - 0420 - 141 L - 61100 - 42204 - 2 - 05 2,565.00 Group Life 302- 110- 1102-0420- 141 L - 61100 - 42205 - 2 - 05 72.00 Professional Contracted 302-110- 1102-0420- 141 L - 61100 - 43313 - 2 - 05 31,340.00 Services Professional 302 - 110 - 1102 - 0420 - 141 L - 61100 - 43343 - 2 - 05 26,520.00 Transportation Travel - Meals & Lodging 302- 110- 1102-0420- 141 L - 61100 - 45553 - 2 - 05 2,207.00 Educational & 302-110- 1102-0420- 141L - 61100 - 46614 - 2 - 05 4,031.00 Recreational Supplies Teachers 302-110- 1102-0350- 142L - 61100 - 41121 - 2 - 05 37,776.00 Program Coordinator /Site 302-110- 1102-0350- 142L - 61100 - 41124 - 2 - 05 20,419.00 Manager Activity Assistants 302 - 110 - 1102 - 0350 - 142L - 61100 - 41141 - 2 - 05 39,490.00 Retiree Health 302 - 110 - 1102 - 0350 - 142L - 61100 - 42200 - 2 - 05 60.00 Social Security 302-110- 1102-0350- 142L - 61100 - 42201 - 2 - 05 6,600.00 VRS 302 - 110 - 1102 - 0350 - 142L - 61100 - 42202 - 2 - 05 794.00 Medical /Dental 302 - 110 - 1102 - 0350 - 142L - 61100 - 42204 - 2 - 05 2,563.00 Group Life 302- 110 - 1102 - 0350 - 142L - 61100 - 42205 - 2 - 05 72.00 Professional Contracted 302 - 110 - 1102 - 0350 - 142L - 61100 - 43313 - 2 - 05 29,840.00 Services Professional 302 - 110 - 1102 - 0350 - 142L - 61100 - 43343 - 2 - 05 26,520.00 Transportation Travel - Meals & Lodging 302 - 110 - 1102 - 0350 - 142L - 61100 - 45553 - 2 - 05 2,207.00 Educational & 302- 110 - 1102 - 0350 - 142L - 61100 - 46614 - 2 - 05 4,604.00 Recreational Supplies Teachers 302-110- 1102-0400- 143L - 61100 - 41121 - 3 - 05 49,368.00 Program Coordinator /Site 302 - 110 - 1102 - 0400 - 143L - 61100 - 41124 - 3 - 05 19,065.00 Manager Activity Assistants 302 - 110 - 1102 - 0400 - 143L - 61100 - 41141 - 3 - 05 18,990.00 Retiree Health 302- 110 - 1102 - 0400 - 143L - 61100 - 42200 - 3 - 05 78.00 Social Security 302 - 110 - 1102 - 0400 - 143L - 61100 - 42201 - 3 - 05 5,826.00 VRS 302 - 110 - 1102 - 0400 -143L- 61100 - 42202 -3 -05 1,036.00 Medical /Dental 302 - 110 - 1102 - 0400 - 143L - 61100 - 42204 - 3 - 05 4,447.00 Group Life 302- 110 - 1102 - 0400 - 143L - 61100 - 42205 - 3 - 05 93.00 Professional Contracted 302 - 110 - 1102 - 0400 - 143L - 61100 - 43313 - 3 - 05 43,214.00 Services Professional 302 - 110 - 1102 - 0400 - 143L - 61100 - 43343 - 3 - 05 21,120.00 Transportation Travel - Meals & Lodging 302 - 110 - 1102 - 0400 - 143L - 61100 - 45553 - 3 - 05 2,891.00 Educational & 302 - 110 - 1102 - 0400 - 143L - 61100 - 46614 - 3 - 05 5,000.00 Recreational Supplies iW Teachers 302- 110- 1102 - 0220 - 148L - 61100 - 41121 -2-05 39,564.00 Program Coordinator /Site 302- 110- 1102 - 0220 - 148L - 61100 - 41124 - 2 - 05 25,369.00 Manager Activity Assistants 302-110- 1102-0220- 148L - 61100 - 41141 -2-05 45,987.00 Retiree Health 302- 110- 1102-0220- 148L - 61100 - 42200 - 2 - 05 60.00 Social Security 302- 110- 1102-0220- 148L - 61100 - 42201 -2-05 7,612.00 VRS 302- 110 - 1102 - 0220 - 148L - 61100 - 42202 - 2 - 05 794.00 Medical /Dental 302- 110- 1102 - 0220 - 148L - 61100 - 42204 - 2 - 05 2,565.00 Group Life 302- 110- 1102 - 0220 - 148L - 61100 - 42205 - 2 - 05 7200 . Professional Contracted 302- 110- 1102-0220- 148L - 61100 - 43313 - 2 - 05 25,880.00 Services Professional 302- 110- 1102-0220- 148L - 61100 - 43343 - 2 - 05 27,300.00 Transportation Travel - Meals & Lodging 302- 110 - 1102 - 0220 - 148L - 61100 - 45553 - 2 - 05 2,207.00 Educational & 302 - 110 - 1102 - 0220 - 148L - 61100 - 46614 - 2 - 05 7,400.00 Recreational Supplies Teachers 302-110- 1102 - 0340 - 149L - 61100 - 41121 - 2 - 05 20,040.00 Program Coordinator /Site 302-110- 1102 - 0340 - 149L - 61100 - 41124 - 2 - 05 22,219.00 .Manager Activity Assistants 302- 110 - 1102 - 0340 - 149L - 61100 - 41141 - 2 - 05 37,587.00 Retiree Health 302 - 110 - 1102 - 0340 - 149L - 61100 - 42200 - 2 - 05 60.00 Social Security 302- 110 - 1102 - 0340 - 149L - 61100 - 42201 - 2 - 05 5,235.00 VRS 302 - 110 - 1102 - 0340 - 149L - 61100 - 42202 - 2 - 05 794.00 Medical /Dental 302-110- 1102 - 0340 - 149L - 61100 - 42204 - 2 - 05 2,935.00 Group Life 302- 110 - 1102 - 0340 - 149L - 61100 - 42205 - 2 - 05 72.00 Professional Contracted 302 - 110 - 1102 - 0340 - 149L - 61100 - 43313 - 2 - 05 24,860.00 Services Professional 302-110- 1102-0340- 149L - 61100 - 43343 - 2 - 05 26,520.00 Transportation Travel - Meals & Lodging 302- 110 - 1102 - 0340 - 149L - 61100 - 45553 - 2 - 05 2,207,00 Educational & 302- 110- 1102-0340- 149L - 61100 - 46614 - 2 - 05 3,320.00 Recreational Supplies Teachers 302-110- 1102 - 0060 - 150L - 61100 - 41121 - 2 - 05 49,368.00 Program Coordinator /Site 302- 110- 1102 - 0060 - 150L - 61100 - 41124 - 2 - 05 19,065.00 Manager Activity Assistants 302 - 110 - 1102 - 0060 - 150L - 61100 - 41141 - 2 - 05 54,102.00 Retiree Health 302 - 110 - 1102 - 0060 - 150L - 61100 - 42200 - 2 - 05 78.00 Social Security 302-110- 1102 - 0060 - 150L - 61100 - 42201 - 2 - 05 8,512.00 VRS 302 - 110 - 1102 - 0060 - 150L - 61100 - 42202 - 2 - 05 1,036.00 Medical /Dental 302 - 110 - 1102 - 0060 - 150L - 61100 - 42204 - 2 - 05 4,447.00 Group Life 302-110- 1102 - 0060 - 150L - 61100 - 42205 - 2 - 05 93.00 Professional Contracted 302-110- 1102 - 0060 - 150L - 61100 - 43313 - 2 - 05 20,815.00 Services Professional 302- 110 - 1102 - 0060 - 150L - 61100 - 43343 - 2 - 05 24,000.00 Transportation Travel - Meals & Lodging 302-110- 1102 - 0060 - 150L - 61100 - 45553 - 2 - 05 2,891.00 Educational & 302-110- 1102-0060- 150L - 61100 - 46614 - 2 - 05 5,000.00 Recreational Supplies Teachers 302 - 110 - 1102 - 0210 -158L- 61100- 41121 -3 -05 41,940.00 Program Coordinator /Site 302- 110- 1102 - 0210 - 158L - 61100 - 41124 - 3 - 05 20,419.00 Manager Activity Assistants 302 - 110 - 1102 - 0210 - 158L - 61100 - 41141 - 3 - 05 40,904.00 Retiree Health 302 - 110 - 1102 - 0210 - 158L - 61100 - 42200 - 3 - 05 60.00 Social Security 302 - 110 - 1102 - 0210 - 158L - 61100 - 42201 - 3 - 05 7,028.00 500 VRS 302- 110 - 1102 - 0210 - 158L - 61100 - 42202 - 3 - 05 794.00 Medical /Dental 302 - 110 - 1102 - 0210 - 158L - 61100 - 42204 - 3 - 05 2,563.00 Group Life 302 - 110 - 1102 - 0210 - 158L - 61100 - 42205 - 3 - 05 7200 . Professional Contracted 302- 110 - 1102 - 0210 - 158L - 61100 - 43313 - 3 - 05 28,290.00 Services Professional 302- 110- 1102 - 0210 - 158L - 61100 - 43343 - 3 - 05 26,910.00 Transportation Travel - Meals & Lodging 302- 110- 1102-0210- 158L - 61100 - 45553 - 3 - 05 2,207.00 Educational& 302 - 110 - 1102 -0210 -158L- 61100 - 46614 -3 -05 3,994.00 Recreational Supplies Teachers 302 - 110 - 1102 - 0230 - 160L - 61100 - 41121 - 3 - 05 44,880.00 Program Coordinator /Site 302- 110- 1102 - 0230 - 160L - 61100 - 41124 - 3 - 05 19,065.00 Manager. Activity Assistants 302 - 110 - 1102- 0230 -160L- 61100- 41141 -3 -05 4,446.00 Retiree Health 302 - 110 - 1102 - 0230 - 160L - 61100 - 42200 - 3 - 05 78.00 Social Security 302 - 110 - 1102 - 0230 - 160L - 61100 - 42200 - 3 - 05 7,821.00 VRS 302 - 110 - 1102 - 0230 - 160L - 61100 - 42202 - 3 - 05 1,036.00 Medical/Dental 302 - 110 - 1102 - 0230 - 160L - 61100 - 42204 - 3 - 05 4,447.00 Group Life 302 - 110 - 1102 - 0230 - 160L - 61100 - 42205 - 3 - 05 9100 Professional Contracted 302- 110 - 1102 - 0230 - 160L - 61100 - 43313 - 3 - 05 39,140.00 Services Professional 302 - 110 - 1102 - 0230 - 160L - 61100 - 43343 - 3 - 05 19,200.00 Transportation Travel - Meals & Lodging 302- 110 - 1102 - 0230 - 160L - 61100 - 45553 - 3 - 05 2,729.00 Educational & 302- 110 - 1102 - 0230 - 160L - 61100 - 46614 - 3 - 05 4,200.00 Recreational Supplies Travel 302 - 110 - 0000 - 0280 - 320K - 61210 - 45554 - 3 - 00 5,320.00 Conventions/Education Travel 302- 110 - 0000 - 0210 - 320K - 61210 - 45554 - 3 - 00 5,320.00 Conventions /Education Travel 302 - 110 - 0000 - 0450 - 320K - 61210 - 45554 - 3 - 00 5,320.00 Conventions /Ed ucatio n Travel 302 - 110 - 0000 - 0230 - 320K - 61210 - 45554 - 3 - 00 5,320.00 Conventions /Education Travel 302 - 110 - 0000 - 0150 - 320K - 61210 - 45554 - 3 - 00 5,320.00 Conventions /Education Professional Services 302 - 110 - 0000 - 0390 - 321 L - 61210 - 43381 -3-00 10,500.00 Professional Services 302 - 110 - 0000 - 0400 - 321 L - 61210 - 43381 -3-00 10,500.00 Equipment (Security 302 - 253 - 0000 - 0000 - 375L - 68300 - 48821 -9-00 119,788.00 camera system) Personal Services 302 - 110 - 0000 - 0000 - 132L - 61100 - 41121 -3-01 112,500.00 Personal Services- 302 - 110 - PINV - 0000 - 132L - 61100 - 41121 -3-01 (1,000.00) Parental Involvement Benefits 302 - 110 - 0000 - 0000 - 132L - 61210 - 42204 - 3 - 01 52,360.00 Benefits - Parental 302 - 110 - PINV - 0000 - 132L - 61210 - 42204 - 3 -01 (164.00) Involvement Internal Printing - Parental 302 - 110 - PINV - 1000 - 132L - 61310 - 44450 - 9 - 01 1,906.00 Involvement Indirect Cost 302 - 000 - NEC - 0000 - 132L - 00000 - 62000 - 0 - 00 4,460.00 Materials & Supplies 302 - 110 - 0000 - 0000 -132L- 61100- 46613 -2 -01 92,910.00 Materials &Supplies - 302 - 110 - PINV - 0000 - 132L - 61310 - 46613 - 9 - 00 1,906.00 Parental Involvement Technology Hardware 302 - 280 - PASS - 0400 - 380L - 68200 - 48210 - 3 - 01 31,520.00 Additions APPROVED ATTEST: Stephanie l n '/•� _ ( Stephanie M. Moon Rey lds, MM Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The W day of October, 2016, No. 40676 - 101716. A RESOLUTION paying tribute to The Reverend Dr. William Leroy Lee, longtime pastor of Loudon Avenue Christian Church; applauding his service to his community; and expressing the appreciation of our City and its people for his leadership upon his retirement. WHEREAS, Dr. Lee received a Bachelor of Science in Special Education from Virginia State University, with honors (Cum Laude) in 1974, a Master of Divinity from the Divinity School at Duke University in 1978, and a Doctorate of Ministry Degree from Ashland Theological Seminary in June 2009; 501 Revenues Federal Grant Receipts 302 - 000 - 0000 - 0300 - 123L - 00000 - 38287 - 0 - 00 174,479.00 Federal Grant Receipts 302 - 000 - 0000 - 0150 - 125L - 00000 - 38287 - 0 - 00 166,189.00 Federal Grant Receipts 302 - 000 - 0000 - 0430 - 127L - 00000 - 38287 - 0 - 00 168,665.00 Federal Grant Receipts 302 - 000 - 0000 - 0280 - 139L - 00000 - 38287 - 0 - 00 155,707.00 Federal Grant Receipts 302 - 000 - 0000 - 0420 - 141 L - 00000 - 38287 - 0 - 00 170,945.00 Federal Grant Receipts 302 - 000 - 0000 - 0350 - 142L - 00000 - 38287 - 0 - 00 170,945.00 Federal Grant Receipts 302-000 - 0000-0400- 143L - 00000 - 38287 - 0 - 00 171,128.00 Federal Grant Receipts 302 - 000 - 0000 - 0220 - 148L - 00000 - 38287 - 0 - 00 184,810.00 Federal Grant Receipts 302 - 000 - 0000 - 0340 - 149L - 00000 - 38287 - 0 - 00 145,849.00 Federal Grant Receipts 302 - 000 - 0000 - 0060 - 150L - 00000 - 38287 - 0 - 00 189,407.00 Federal Grant Receipts 302 - 000 - 0000 - 0210 - 158L - 00000 - 38287 - 0 - 00 175,181.00 Federal Grant Receipts 302 - 000 - 0000 - 0230 - 160L - 00000 - 38287 - 0 - 00 177,135.00 Federal Grant Receipts 302 - 000 - 0000 - 0000 - 132L - 00000 - 38010 - 0 - 00 264,878.00 State Grant Receipts 302 - 000 - 0000 - 0000 - 320K - 00000 - 32462 - 0 - 00 26,600.00 State Grant Receipts 302 - 000 - 0000 - 0000 - 321 L - 00000 - 32462 - 0 - 00 21,000.00 State Grant Receipts 302 - 000 - 0000 - 0000 - 375L - 00000 - 32400 - 0 - 00 95,830.00 State Grant Receipts 302 - 280 - PASS - 0400 - 380L - 00000 - 32366 - 0 - 00 27,600.00 Local Match 302 - 000 - 0000 - 0000 - 375L - 00000 - 72000 - 0 - 00 23,958.00 Local Match 302 - 280 - PASS - 0400 - 380L - 00000 - 72000 - 0 - 00 3,920.00 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 l n '/•� _ ( Stephanie M. Moon Rey lds, MM Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The W day of October, 2016, No. 40676 - 101716. A RESOLUTION paying tribute to The Reverend Dr. William Leroy Lee, longtime pastor of Loudon Avenue Christian Church; applauding his service to his community; and expressing the appreciation of our City and its people for his leadership upon his retirement. WHEREAS, Dr. Lee received a Bachelor of Science in Special Education from Virginia State University, with honors (Cum Laude) in 1974, a Master of Divinity from the Divinity School at Duke University in 1978, and a Doctorate of Ministry Degree from Ashland Theological Seminary in June 2009; 502 WHEREAS, Dr. Lee was born the second child of the late Leon and Thelma Lee of Nuttsville, Virginia; and has been married to the former Dana Barnes for 43 years, and are the proud parents of two married adult children, Aaron Michael and Sarah Barnes Williams; WHEREAS, Dr. Lee has served as the Senior Pastor of Loudon Avenue Christian Church, one of the more progressive churches in America, for more than 39 years where he provided inspirational counsel and leadership to his Church community and throughout our City, serving as the catalyst for many innovative outreach programs; WHEREAS, Dr. Lee currently serves as a trustee, director, or in other leadership positions with several regional and national institutions including the Lexington Theological Seminary Board, the Black Endowment Fund of the Christian Church, Duke University Divinity School Board (Board Member Emeritus), African American Clergy Leadership Development Office, and Disciples of Christ Pension Fund, BB &T Bank, Healthy Roanoke Valley, and Virginia Community Healthcare Association; WHEREAS, Dr. Lee served as Moderator of the Christian Church (Disciples of Christ) in the United States and Canada; and WHEREAS, Dr. Lee is the founder of New Horizon Health Care, a Federally qualified health care center, serves as Chairman of the Board of Directors; and in 2009, the Board recognized his contributions and leadership by naming the Center's educational wing The Reverend Dr. William L. Lee Education Center; " WHEREAS, Dr. Lee has been active in our community, having served on boards for United Way of the Roanoke Valley, Child Health Investment Partnership (CHIP), Good Samaritan Hospice, Blue Ridge Behavioral Health, and Virginia Western Community College Foundation; WHEREAS, Dr. Lee is a Paul Harris Fellow with the Rotary Foundation of Rotary International; and received the Emmitt J. Dickson Preaching Award from the National Convocation Christian Church (Disciples of Christ); WHEREAS, Dr. Lee received the Disciples of Christ Historical Society Faithful Servant Award, which recognizes individuals who have given extraordinary service to the Christian Church in the United States and Canada; and WHEREAS, Dr. Lee has served as a member of the City of Roanoke's Personnel and Employment Practices Commission since 2006, and in 2011, he was honored by the Roanoke City Council as its Citizen of the Year recipient. 503 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this Resolution to recognize, acknowledge, applaud, and thank The Reverend Dr. William Leroy Lee for his many years of exemplary service and inspirational leadership provided by him to his faith community and the people of Roanoke. 2. The City Clerk is directed to transmit an attested copy of this Resolution to Dr. Lee. APPROVED ATTEST: Stephanie M. Moon Reyn s, MM Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17'" day of October, 2016. No. 40677 - 101716. A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Meeting of the NLC City Summit (formerly National League of Cities Congress of Cities and Exposition). BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Honorable Raphael Ferris, Council Member, is hereby designated Voting Delegate on behalf of the City of Roanoke, Virginia, for the Business Meeting for the Annual NLC City Summit to be held on Saturday, November 19, 2016, in Pittsburgh, Pennsylvania. 2. The Honorable William Bestpitch, Council Member, is hereby designated Alternate Voting Delegate on behalf of the City of Roanoke, Virginia, for the Business Meeting for the Annual NLC City Summit to be held on Saturday: November 19, 2016, in Pittsburgh, Pennsylvania. 504 3. The City Clerk is directed to take any action required by the NLC with respect to certification of the City's official Voting Delegate and Alternate Voting Delegate. Jam':• ATTEST: Stephanie M. Moon Reynolds, C Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17'" day of October, 2016. No. 40678-101716. AN ORDINANCE permanently vacating, discontinuing and closing two public rights - of -way in the City of Roanoke, the first of which extends in a southern direction from its perpendicular intersection with Orange Avenue, N. W., and the second of which extends in a western direction from its perpendicular intersection with 111" Street, N. W., as more particularly described hereinafter; and dispensing with the second reading of this ordinance by title. WHEREAS, Nada and Mounir Melki and Ernie Littlefield 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 certain public rights -of -way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30 -14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on October 17, 2016, 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 bythe requested closing of the subject public rights -of -way have been properly notified; and - . 505 WHEREAS, from all of the foregoing, City Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public rights -of -way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public rights -of -way situate in the City of Roanoke, Virginia, and more particularly described as follows: an unused 10 foot wide alley extending between the western boundary of Official Tax Map Nos. 2222110, 2222119 and 2222108 and along the eastern boundary of Official Tax Map No. 2222107, and an unused approximately 5 foot alley extending from the intersection with 11th Street, N. W., between Official Tax Map Nos. 2222108 and 2222119 to connect with the aforementioned unused 10 foot wide alley be, and are hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed portion of the rights -of -way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas, 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 rights -of -way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above - described public rights -of -way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the 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 rights -of -way to be vacated in a manner consistent with law, and retaining appropriate easements, togetherwith the right of ingress and egress overthe same, for the installation and maintenance of any and all existing utilities that may be located within the rights -of -way. BE IT FURTHER ORDAINED that prior to receiving all required approvals of the subdivision plat referenced in the previous paragraph, the applicants shall give to the Treasurer for the City of Roanoke a certified check or cash in the amount of three thousand seven hundred seventy -eight dollars and no cents ($3,778.00) as consideration pursuant to Section 15.2 -2008, Code of Virginia (1950), as amended, for the vacated rights -of -way. 506 BE IT FURTHER ORDAINED that the applicants 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 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 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 Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED �A{T-TEST- ES /°5� `d11' u u r I' � 11 4 � ti \Duo lr• Stephanie M. Moon Reynolds, MMC Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17'h day of October, 2016. No. 40679-101716. AN ORDINANCE to rezone certain properties located at 2701 and 2707 Brambleton Avenue, S. W., by repealing proffered conditions presently binding upon such properties; and dispensing with the second reading of this ordinance by title. 507 WHEREAS, C. J. King on behalf of Fisher Properties, LLC, has made application to the Council of the City of Roanoke, Virginia ( "City Council'), to repeal conditions presently binding certain properties located at 2701 and 2707 Brambleton Avenue, S. W., being designated as Official Tax Map Nos. 1650326 andl650325, respectively, which property is zoned MX, Mixed Use District, with proffers, such proffers being accepted by the adoption of Ordinance No. 28368, on October 20, 1986; 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 October 17, 2016, afterdue and timely noticethereof as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the repeal of the proffers applicable to the subject property, and is of the opinion that the conditions conditions presently binding certain properties located at 2701 and 2707 Brambleton Avenue, S. W., being designated as Official Tax Map Nos. 1650326 and1650325, respectively, should be repealed as requested, and that such property be zoned MX, Mixed Use District, without proffers, as set forth in the Zoning Amendment Application dated August25,2016. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the repeal of the proffered conditions as requested in the Zoning Amendment Application dated August 25, 2016, so that the subject property is zoned MX, Mixed Use District, with no proffers. �o • 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: 04s Stephanie M. Moon Rey olds, Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17" day of October, 2016. No. 40680-101716. AN ORDINANCE authorizing the City Manager to execute a lease agreement with Richard E. Beverly and Cassie M. Beverly ('Beverly's "), for the lease of approximately 0.9917 acres of property, togetherwith buildings and improvements thereon, property the City is in the process of purchasing, located at 2410 Mason Mill Road, N. E., Roanoke, Virginia, designated as Roanoke City Official Tax Map No. 7170509; and dispensing with ' the second reading of this ordinance by title. WHEREAS, a public hearing was held on October 17, 2016, 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 bythe City Attorney, a lease agreement with the Beverly's to lease approximately 0.9917 acres of property, together with buildings and improvements thereon, property the City is in the process of purchasing, located at 2410 Mason Mill Road, N. E., Roanoke, Virginia, designated as Roanoke City Official Tax Map No. 7170509, for a term not to exceed eighteen (18) months from the date of the Lease Agreement. The term of the Lease Agreement will commence on the date on which the City acquires title to the Property, and the Beverly's will pay rent to the City in the amount of $10.00 per month or $180.00 for the term of the Lease, as more particularly described in the City Council Agenda Report dated October 17, 2016. �, 509 2. The City Manager is further authorized to execute such other agreements and documents, and take such other actions, deemed necessary to effectuate, implement, administer, and enforce the Lease. The form of such other agreements and documents shall be 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 Reynolds, MM Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 171" day of October, 2016. No. 40681-101716. AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for the Property Acquisition of 2410 Mason Mill Road under the Deschutes Performance Agreement project, amending and reordaining certain sections of the 2016 - 2017 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 2016 - 2017 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 - 9471 -9003 $191,300.00 Fund Balance Economic and Community Development 08 -3365 (191,300.00 ) Reserve - Unappropriated 510 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: }�In L • rtOu Stephanie M. Moon Rey Ids, MM Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17" day of October, 2016. No. 40682-101716, AN ORDINANCE authorizing the City Manager to execute a lease agreement with Melrose Athletic Club, Inc. ( "Club "), forthe lease of a parcel of City -owned property located at 1015 Jamison Avenue, S. E., Roanoke, Virginia, known as the former Fire Station No. 6 .� ( "Fire Station No. 6 Property "), designated as Roanoke City Official Tax Map No. 4120808; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on October 17, 2016, 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 the Club to lease a parcel of City -owned property located at 1015 Jamison Avenue, S. E., Roanoke, Virginia, designated as Roanoke City Official Tax Map No. 4120808, to be operated by the Club, or its designee, to conduct its amateur boxing program, fundraisers and general operations, for a term of three (3) years, commencing on the date the Club, or its designee, first occupies the Fire Station No. 6 Property. The Club, or its designee, will pay an annual rent of $10.00 per year to the City for the use and occupancy of the Fire Station No. 6 Property, as more particularly described in the City Council Agenda Report dated October 17, 2016. 511 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 Rey Ids, MM rm S an P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17" day of October, 2016, No. 40683-101716. AN ORDINANCE authorizing the City Manager to execute a lease agreement with the Blue Ridge Zoological Society of Virginia, Inc., for the lease of City -owned property located in the City of Roanoke being the top portion of that land commonly referred to as "Mill Mountain," designated as Roanoke City Official Tax Map Nos. 4070507, 4070521, and 4060505; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on October 17, 2016, 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 bythe City Attorney, a lease agreement with the Blue Ridge Zoological Society of Virginia, Inc. ('the Zoo'), to lease City -owned property located in the City of Roanoke being the top portion of that land commonly referred to as "Mill Mountain," designated as Roanoke City Official Tax Map Nos. 4070507, 4070521, and 4060505, to be used by the Blue Ridge Zoological Society of Virginia, Inc., to operate and maintain the Mill Mountain Zoo. The new lease and agreement provides for the following provisions: an initial term of one (1) year, with up to four additional one (1) year terms upon mutual agreement of the parties, provided that either party may terminate the lease agreement with or without cause at any 512 timed uring either the initial or any of the renewal terms with sixty (60) days' written notice; an annual lease payment from the Zoo to the City of $10.00 per year; the City providing a maximum of sixty (60) hours of tree maintenance and removal services per calendar year; annual fiscal year operating contributions of $33,120.00 from the City to the Zoo; and, responsibility of the Zoo for all operating and maintenance costs above the $33,120.00 contribution by the City, in addition to other certain terms and conditions, and as more particularly described in the City Council Agenda Report dated October 17, 2016. 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: -TV '° � 71' Stephanie M. Moon R ynolds, MC Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17r day of October, 2016. No. 40684-101716. AN ORDINANCE accepting the bid of South Commonwealth Partners, LLC (Developer) to acquire, buy, execute, and accept certain easements on City -owned properties identified as Official Tax Map Nos. 4015004 (25 Church Avenue, S. E.), and 4015003 (106 Franklin Road, S. E.), as set forth in a Deed of Easements, Confirmatory Deed of Easement Rights and Obligations (Deed), upon certain terms and conditions; authorizing the City Manager to execute such Deed; authorizing the City Manager to take such further actions and execute such further documents as may be necessary to implement, administer, and enforce such Deed and to accomplish such matters, including the granting and sale of such easements; and dispensing with the second reading of this Ordinance by title. WHEREAS, the City has, by advertisement published once a week for two successive weeks in a paper of general circulation published in the City, publicly invited bids for the execution, grant, and delivery of the Deed to grant certain easements on one or more of the City- Owned properties described above; 513 WHEREAS, one bid (s) for the execution of a Deed for acquisition of easements and other matters for the purposes mentioned above was /were received pursuant to the advertisement and such bid(s) was /were opened at the City Council meeting held on October 17, 2016; WHEREAS, by October 17, 2016, Developer submitted a bid to the City for the acquisition, execution, grant, and delivery of the Deed in order to develop, construct, operate, and maintain a hotel consisting of 127 rooms at the Market Garage, 25 Church Avenue, S. E., upon substantially similar terms as contained in the proposed Deed that was on file in the City Clerk's Office; WHEREAS, the matter was referred to the City Manager for evaluation and negotiation with the Developer as to the final terms and conditions for such Deed; WHEREAS, negotiations between the City Managerand Developer have resulted in a Deed that provides for the grant and transfer of twenty -seven (27) easements affecting one or more City- owned properties (Official Tax Map Nos. 4015004, or 4015003) for the development, construction, operation, and maintenance of a hotel consisting of 127 rooms in certain air rights above the Market Garage and within certain condominium units within the Market Garage (Easements); WHEREAS, the Easements to be granted pursuant to the terms and conditions of the Deed have terms of 40 or 60 years commencing upon execution of the Deed; WHEREAS, the terms, conditions, and obligations of the grantee under the Deed are more particularly described in the City Council Agenda Reportdated October 17, 2016; WHEREAS, the City Manager recommendsthat Council accept the bid of Developer and approve the execution and delivery of such Deed, a copy of which is attached to the City Council Agenda Report dated October 17, 2016; WHEREAS, after proper and timely notice by advertisement as required by the Code of Virginia, Council held a Public Hearing on this matter at its regular meeting on October 17, 2016, at which hearing all parties in interest and persons were given an opportunity to be heard, both for and against the proposed Deed; WHEREAS, City Council determined that the bid of Developer to acquire, buy, execute, and accept a Deed as set forth above, upon certain terms and conditions, was the most responsive and responsible bid received by the Cityand Council desires to accept such bid; and WHEREAS, after closing the Public Hearing, Council believes the sale of the Easements set forth in the Deed mentioned above will benefit the City and its citizens. 514 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council accepts the bid of Developer and hereby makes a grant and an award for the Easements set forth in the Deed to Developer, subject to certain terms and conditions as further noted in the City Council Agenda Report dated October 17, 2016, and upon such other terms and conditions as the City Manager may deem appropriate and agree to. Council further finds that it will be in the best interest of the City to grant and award the Easements as set forth in the proposed Deed and will help in promoting economic development in downtown Roanoke. Any and all other bids made to the City for the above matter are hereby rejected. 2. The City Manager is hereby authorized to execute and deliver a Deed in which the City sells and transfers, twenty -seven (27) Easements for limited purposes and uses affecting one or more of the following City -owned properties: Official Tax Map No. 4015004 (25 Church Avenue, S. E.), or Official Tax Map No. 4015003 (106 Franklin Road, S. E.) (each of these Easements are further described in the City Council Agenda Report dated October 17, 2016) for the development, construction, operation, and maintenance of a hotel with 127 rooms (Hotel) that has been constructed by South Commonwealth Partners, LLC. Such Deed shall be substantially similar to the one attached to the above mentioned City Council Agenda Report and upon such otherterms as the City Manager deems appropriate and agrees to. Such Deed shall be approved as to form by the City Attorney. The bond or security to be provided to the City by the Developer shall be in such form and amount as the City Manager deems appropriate. 3. The terms of each of the other Easements are either 40 years or 60 years and are set forth in the Deed and in the City Council Agenda Report dated October 17, 2016 and each of these Easements will expire automatically upon the expiration of its respective term. 4. The City Manager is further authorized to take such further actions and to execute such further documents as may be necessary to implement, administer, and enforce such Deed, and to accomplish the above matters and complete the transfer of the above mentioned Easements. Such actions and /or document execution include, but are not limited to, any needed modifications to such Deed and /or the Hotel Performance Agreement, modifications or amendments to any of the Easements granted pursuant to the Deed, provided such Easements are substantially similar to the Easements which are in furtherance of the development of the Hotel as described in the above - mentioned City Council Agenda Report, and agreements among the City, the Developer, and the lenderfor the Developer as described in the above mentioned City Council Agenda Report. The City Manager is expressly authorized to execute documents, including deeds of correction and /or deeds of easements to modify the legal descriptions of any of the Easements after the City Manager accepts the sealed survey plats to be provided to the City by Developer, or new or amended deeds of easements for the relocation of any Easements as provided for in the Deed. 515 5. City Council expressly confirms and reaffirms the authority granted to the City Manager to implement, administer, and enforce the Hotel Performance Agreement as set forth in Ordinance No. 39829 - 121613, adopted on December 16, 2013, and Ordinance No. 40564 - 062016, adopted on June 20, 2016. 6. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. 7. This Ordinance is effective as of the date of its passage. APPROVED ATTEST: FldIrg 447 Stephanie MMoon Rey Sherman P. Lea, Sr. City Clerk Mayor 516 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7" day of November, 2016. No. 40685-110716. A RESOLUTION authorizing acceptance of a 2017 Department of Motor Vehicles subgrant to participate in a multi - jurisdictional Driving Under the Influence Task Force to the City from the Commonwealth of Virginia's Department of Motor Vehicles, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby ratifies and authorizes the acceptance of a 2017 DMV Grant to hire two (2) additional officers to be deployed throughout the Roanoke Valley multi - jurisdictional DUI Task Force, and to purchase equipment and acquire vehicles, such being more particularly described in the City Council Agenda Report dated November 7, 2016. 2. The City Manager is authorized to execute, and file, on behalf of the City, all other necessary documents required to accept the subgrant. All such documents shall be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the Commonwealth of Virginia, Department of Motor Vehicles, in connection with the City's acceptance of this subgrant. APPROVED ATTEST: i Stephanie M. Moon Reynolds, M C Sherman P. Lea, Sr. City Clerk Mayor .. 517 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7" day of November, 2016. No. 40686-110716. AN ORDINANCE to appropriate funding from the U.S. National Highway Traffic Safety Administration through the Commonwealth of Virginia Department of Motor Vehicles for a Driving Under the Influence Task Force grant, amending and reordaining certain sections of the 2016 - 2017 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 2016 - 2017 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries 35- 640 - 3514 -1002 $ 97,462.00 Overtime Wages 35- 640 - 3514 -1003 9,079.00 Career Enhancement Program 35- 640 - 3514 -1012 5,018.00 Community Policing Program 35- 640 - 3514 -1017 1,948.00 City Retirement 35- 640 - 3514 -1105 16,332.00 401H Health Savings 35- 640 - 3514 -1117 974.00 FICA 35- 640 - 3514 -1120 7,988.00 Medical Insurance 35- 640 - 3514 -1125 11,640.00 Dental Insurance 35- 640 - 3514 -1126 708.00 Life Insurance 35- 640- 3514 -1130 1,160.00 Disability Insurance 35- 640 - 3514 -1131 274.00 Expendable Equipment 35- 640 - 3514 -2035 11,025.00 Training and Development 35- 640- 3514 -2044 2,500.00 Wearing Apparel 35- 640 - 3514 -2064 3,968.00 Technology Maintenance 35- 640 - 3514 -2555 1,172.00 DOT Billings - Radio 35- 640 - 3514 -7002 8,752.00 DOT Billings 35- 640 - 3514 -7005 554.00 Vehicular Equipment 35- 640 - 3514 -9010 129,700.00 Revenues DMV DUI Task Force FY17 35- 640 - 3514 -3514 310,254.00 518 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reynords, MMC Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7'" day of November, 2016. No. 40687 - 110716, A RESOLUTION approving the acceptance of a State Homeland Security Program grant to the City from the Virginia Department of Emergency Management 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 State Homeland Security Program grant from Virginia Department of Emergency Management (VDEM) in an amount of $25,000.00, with no local match, for the purposes of allowing the Roanoke Police Department to purchase communications equipment for its tactical response team, as more particularly described in the City Council Agenda Report dated November 7. 2016. 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 approved by the City Attorney as to form. 519 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: Stephanie M. Moon Reynolds' MMC J Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 71h day of November, 2016. No 40688 - 110716. AN ORDINANCE appropriating funding from the United States Department of Homeland Security (DHS) through the Commonwealth of Virginia Department of Emergency Management (VDEM) for the purchase of protective equipment, amending and reordaining certain sections of the 2016 - 2017 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 2016 - 2017 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Other Equipment Revenues VDEM SHS Protective Equipment FY17 35- 640 - 3806 -9015 $ 25,000.00 35- 640 - 3806 -3806 25,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTE T: : 520 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 71" day of November, 2016. No. 40689-110716, A RESOLUTION authorizing the acceptance of a grant from the FY 16 Body - Worn Camera Policy and Implementation Program: Implementation or Expansion of Body -Worn Camera Programs for Mid -Sized Agencies 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 16 Body -Worn Camera Policy and Implementation Program: Implementation or Expansion of Body -Worn Camera Programs for Mid -Sized Agencies Grant Program in the amount of $90,000.00 with a required local match from the City of Roanoke in the amount of $90,000.00, for a total award of $180,000.00, to the Roanoke City Police Department to develop, update, expand and support its existing body worn camera program. This grant will pay for approximately 120 police body cameras and accessories, support equipment, server space, and conference costs. Such grant being more particularly described in the City Council Agenda Report dated November 7, 2016. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the United States Department of Justice in connection with acceptance of the foregoing Grant. APPROVED ATTEST: Stephanie M. Moon Re Ids, M C Sherman P. Lea, Sr. City Clerk Mayor 521 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 71" day of November, 2016. No. 40690- 110716. AN ORDINANCE appropriating funding from the United States Department of Justice (DOJ) for the purchase of expanding the body -worn camera program, amending and reordaining certain sections of the 2016 - 2017 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 2016 - 2017 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Special Projects Expendable Equipment Training and Development Miscellaneous Technology Maintenance Contracts Other Equipment Revenues DOJ Body -Worn Camera FY17 - Federal DOJ Body -Worn Camera FY17 - Local 35- 640 - 3830 -2034 $ 52,815.00 35- 640 - 3830 -2035 4,788.00 35- 640 - 3830 -2044 4,000.00 35- 640 - 3830 -2170 15,000.00 35- 640- 3830 -2555 29,400.00 35- 640 - 3830 -9015 73,997.00 35- 640 - 3830 -3830 90,000.00 35- 640- 3830 -3831 90,000.00 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 Rey s, M 4Sherman"P�LEea, Sp r. City Clerk Mayor 522 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7'" day of November, 2016. No. 40691 - 110716, A RESOLUTION accepting and expressing appreciation for the donation of $9,000.00 from Downtown Roanoke, Inc. (DRI) to the City to assist in the purchase of "Descending Night," by Jack Howard Potter, a sculpture in the Elmwood Art Walk temporary show, "The Natural City." BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Roanoke City Council accepts and expresses its appreciation for the donation of $9,000.00 from DRI to the City to assist in the purchase of "Descending Night," by Jack Howard Potter, a sculpture in the Elmwood Art Walk temporary show, "The Natural City," all as more particularly described in the City Council Agenda Report dated November 7, 2016. DRI. 2. The City Clerk is directed to forward an attested copy of this resolution to APPROVED ATTEST: Q Stephanie M. Moon Rey Ids, M C Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7"' day of November, 2016, No. 40692 - 110716. A RESOLUTION accepting the Virginia Department of Transportation's (VDOT) award to the City in the total amount of $353,000.00 for Highway Safety Improvement Program funds for FYI for two (2) separate projects; and authorizing the City Manager to take certain other actions in connection with the above matter and project. BE IT RESOLVED by the Council of the City of Roanoke as follows: 523 The City of Roanoke hereby accepts the VDOT award in the total amount of $353,000.00 for the Highway Safety Improvement Program for FY17, for two (2) separate projects, with no required local match from the City, which projects enhance safety for motorists, bicyclists and pedestrians, all as more fully set forth in the City Council Agenda Report dated November 7, 2016. 1. City Council hereby authorizes the City Manager to execute any documents necessary to receive such award, with such documents to be approved as to form by the City Attorney. 3. The City Manager is hereby authorized to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use such funds in the total amount of $353,000.00 from VDOT, for the above mentioned projects, with any such documents to be approved as to form by the City Attorney, APPROVED ATTE Stephanie M. Moon Reynols -rofMC Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 71" day of November, 2016. No. 40693-110716. AN ORDINANCE to appropriate funding from the Virginia Department of Transportation for traffic signal improvement projects, amending and reordaining certain sections of the 2016 - 2017 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 2016 - 2017 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from Fed Grant Funds 08- 530 - 9491 -9002 $ 88,000.00 Revenues VDOT — FY17 Signal Improvements 08- 530 - 9491 -9491 88,000.00 524 Pursuant 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 Reynolds, C Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7" day of November, 2016. No. 40694 - 110716. A RESOLUTION supporting an application and authorizing the City Manager to submit such application to the Virginia Department of Transportation (VDOT) Highway Safety Improvement Program in the amount of $173,300.00 for FY 2018 for two (2) projects; and authorizing the City Manager to take certain actions in connection with such projects. WHEREAS, the City of Roanoke desires to submit an application for an allocation of funds up to $173,300.00 for any funds provided by VDOT for the projects referred to in the City Council Agenda Report dated November 7, 2016, to this Council, and no local match will be required by the City. BE IT RESOLVED BY THE Council of the City of Roanoke as follows: 1. The City Council hereby supports the application referred to herein and hereby authorizes the City Manager to submit such application to VDOT for funds from VDOT's Highway Safety Improvement Program for FY 2018 in the amount of $173,300.00 for the following projects, with such application being approved as to form by the City Attorney: A. The first project includes installing Flashing Yellow Arrows at the following signalized intersections: (i) Franklin Road and 3rtl Street; (ii) Church Avenue and Williamson Road; (iii) Rutgers and Towns Square Boulevard; (iv)Hollins Road and Liberty Road; and (v) Franklin Road and Duke of Gloucester. 525 B. The second project includes the installation of Rectangular Rapid Flashing Beacons at the following uncontrolled crosswalks: (i) Salem Turnpike at Horton Park; (ii) Salem Turnpike & Westwood Boulevard; (iii) McClanahan and Crystal Springs; and (iv)9t' Street and Montrose Avenue. 2. The City Manager is further authorized to take such further actions and execute such further documents, approved as to form by the City Attorney, as may be necessary to submit the above application and to furnish such additional information as may be required for such application. APPROVED ATTEST: fin,, Stephanie M. Moon Reyno s, MM Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 71h day of November, 2016. No. 40695-110716. A RESOLUTION supporting an application and authorizing the City Manager to submit such application to the Virginia Department of Transportation (VDOT) Revenue Sharing Program in the amount of $10,000,000.00 for FY 2018 for certain projects; and authorizing the City Manager to take certain actions in connection with such projects. WHEREAS, the City of Roanoke desires to submit an application for an allocation of funds up to $10,000,000.00 for any funds provided by VDOT for the Projects referred to in the City Council Agenda Report dated November 7, 2016, to this Council, and which will require the City to provide matching funds of $10,000,000.00. BE IT RESOLVED by the Council of the City of Roanoke as follows: 526 1. The City Council hereby supports the application referred to herein and hereby authorizes the City Manager to submit such application to VDOT for funds from VDOT's Revenue Sharing Program for FY 2018 in the amount of $10,000,000.00 for the following seven projects, as more particularly described and itemized in the City Council Agenda Report dated November 7, 2016, with such application being approved as to form by the City Attorney: a. 101" Street Improvements (New Construction). b. Citywide Storm Drain Improvements. C. Tinker Creek Greenway Improvements from Orange Avenue to Mason Mill Road (New Construction). d. Citywide Streetscape Improvements (New Construction). e. Roanoke River Greenway Bridge the Gap (New Construction). f. Citywide Curb, Gutter, and Sidewalk (New Construction). g. Colonial Avenue Improvements. The City acknowledges that the required local match is $10,000,000.00, as more particularly described in the City Council Agenda Report dated November 7, 2016. 2. The City Manager is further authorized to take such further actions and execute such further documents, approved as to form by the City Attorney, as may be necessary to submit the above application and to furnish such additional information as may be required for such application. APPROVED ATTES�T,:,,�,� / Stephanie M. Moon Reynolds, M C Sherman P. Lea, Sr. City Clerk Mayor 527 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7'h day of November, 2016. No. 40696-110716. A RESOLUTION supporting an application and authorizing the City Manager to submit such application to the Virginia Department of Transportation (VDOT) FY18 Transportation Alternatives (TA) Set -Aside Program Funds for pedestrian infrastructure along the west side of Business 220 /Franklin Road, and authorizing the City Manager to take certain actions in connection with such project. WHEREAS, the City of Roanoke desires to submit an application for an allocation of funds up to $250,000.00 for funds provided by VDOT for the projects referred to in the City Council Agenda Report dated November 7, 2016, to this Council, and which will require the City to provide matching funds of $50,000.00. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council hereby supports an application and hereby authorizes the City Manager to submit such application to VDOT for $250,000.00 to support the improvements to pedestrian infrastructure along the west side of Business 220 /Franklin Road, from the 3100 Block to the 3700 Block of Franklin Road, S. W., Roanoke, Virginia, with such application being approved as to form by the City Attorney. The City acknowledges that the required 20% local match is $50,000.00, as more particularly described in the City Council Agenda Report dated November 7, 2016. 2. The City Manager is further authorized to take any such further actions and execute such further documents, approved as to form by the City Attorney, as may be necessary to submit the above application and to furnish such additional information as may be required for such application. APPROVED ATTEST: �.U� Stephanie M. Moon Re no s, M Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7" day of November, 2016. No. 40697-110716. AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Oakland Blvd. /Sunrise 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, temporary easements, right of way interests in fee simple, and such other real property interests as needed, as set forth in the City Council Agenda Report dated November 7, 2016, for the Project, in the vicinity of Roundhill Avenue, N. W., Roanoke, Virginia, between Oakland Blvd., N. W., Roanoke, Virginia, and Huntington Blvd., N. W., Roanoke, Virginia, 2800 Block of Oakland Blvd., N.W., Roanoke, Virginia, the intersection of Oakland Blvd, N. W., Roanoke, Virginia, and Sunrise Avenue, N. W., Roanoke, and surrounding streets, which are located within the Roundhill Neighborhood. 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. 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), and such other parcels needed for the Project, 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. 529 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 Rey no s, M C City Clerk Sherman P. Lea, Sr. Mayor 530 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21"day of November, 2016. No. 40698 - 112116. A RESOLUTION acknowledging and recognizing the PY2016 Workforce Innovation and Opportunity Act ( "WIOA ") funding from the Virginia Community College System in the amount of $1,582,996.00 for WIOA activities, for the award period of July 1, 2016, through June 30, 2018, the foregoing funding to be administered by the Western Virginia Workforce Development Board. WHEREAS, pursuant to the WIOA that was enacted on July 22, 2014 and replaced the Workforce Investment Act of 1998, 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 November 21, 2016; and WHEREAS, the Roanoke Valley - Alleghany Regional Commission was designated as the fiscal agent for WIOA funds and administers the federal funds provided by WIOA 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. follows: THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as 1. Council acknowledges and recognizes for the purpose of administering the Western Virginia Workforce Development Board, the PY2016 WIOA funding in the amount of $1,582,996.00 from the Virginia Community College System, with no local match from the City, to be administered by the Western Virginia Workforce Development Board, and to be used during the award period of July 1, 2016, through June 30, 2018, for the purpose of administering the WIOA activities, as more particularly set out in the City Council Agenda Report dated November 21, 2016. 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. 531 3. The City Clerk is directed to provide an attested copy of this Resolution to the Western Virginia Workforce Development Board. APPROVED ATTEST: Ste!o�Rk' � Stephanie M. eynolds, MMC Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of November, 2016. No. 40699- 112116. A RESOLUTION accepting federal Byrne Justice Assistance Grant (JAG) program funding made to the City in collaboration with Family Service of Roanoke Valley, from the Virginia Department of Criminal Justice Services in connection with the 'Positive Action in Roanoke' project, 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 federal Byrne JAG program funding made to the City in collaboration with Family Service of Roanoke Valley, from the Virginia Department of Criminal Justice Services in the amount of $44,090.00, with a local match from the City in the amount of $4,899.00, to be provided by Family Service of Roanoke Valley, for a total award of $48,989.00, to be expended on the 'Positive Action in Roanoke" project, a research -based social - emotional learning curriculum that includes family engagement activities, and a community service learning program for children in 3rd through 51" grade residing in the public housing neighborhoods, as more particularly described in the City Council Agenda Report dated November 21, 2016. 2. The City Manager is hereby authorized to accept, execute, and file on behalf of the City of Roanoke, any and all documents required to obtain such funding, and to execute a contract with Family Service of Roanoke Valley to implement the program. All such documents shall be approved as to form by the City Attorney. 532 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: �Vj Y/\. Q., �. Step oon Reyh d C Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 "day of November, 2016. No. 40700- 112116. AN ORDINANCE to appropriate funding from the U.S. Department of Justice Byrne Justice Assistance Grant (JAG) Program, as provided by the Virginia Department of Criminal Justice Services for the Positive Action Program, amending and reordaining certain sections of the 2016 - 2017 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 2016 - 2017 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 Program Activities Business Meals and Travel Revenues Byrne JAG Positive Action FYI 35- 630 - 5029 -2010 $ 33,903.00 35- 630 - 5029 -2030 2,014.00 35- 630 - 5029 -2066 7,476.00 35- 630 - 5029 -2144 697.00 35- 630 - 5029 -5029 44,090.00 533 Pursuant 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 Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of November, 2016. No. 40701- 112116. A RESOLUTION authorizing acceptance of a donation from Firehouse Subs Public Safety Foundation, to the Roanoke City Police Department of seven (7) ballistic shields and two hundred fifty (250) tourniquets in belt carry pouches, and authorizing execution of any and all necessary documents to accept the donation. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized on behalf of the City to accept from Firehouse Subs Public Safety Foundation, a donation to the Roanoke City Police Department of seven (7) ballistic shields, and two hundred fifty (250) tourniquets in belt carry pouches. Approximately $16,20.00 will be spent on ballistic shields with accessories and $14,024.00 will be spent on tourniquets and belt carry pouches, making the total value of this grant donation to be $30,229.00. The grant, which requires no match by the City, is more particularly described in the City Council Agenda Report dated November 21, 2016. 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 donation, such documents to be approved as to form by the City Attorney. 3. This Council wishes to express its appreciation and that of the citizens of the City of Roanoke to Firehouse Subs Public Safety Foundation, for their generous donation to the Roanoke City Police Department as described above. 534 4. The City Clerk is directed to transmit a copy of this Resolution to Firehouse Subs Public Safety Foundation, expressing the City's appreciation for its donation. APPROVED ATTEST: Stephanie M. Moon Reynolds, MM Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of November, 2016. No. 40702 - 112116. A RESOLUTION authorizing the City Manager's issuance and execution of Amendment No. 1 to the City's Contract with Line and Grade, LLC ( "Line and Grade ") for additional engineering design services for the improvements to Colonial Avenue; 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 Amendment No. 1 as may be necessary to the City's Contract with Line and Grade, in an amount not to exceed an additional $299,900.00 for additional engineering design services for the improvements to Colonial Avenue, S. W., Roanoke, Virginia, from Overland Road, S. W., Roanoke, Virginia, to Winding Way Drive, S. W., Roanoke, Virginia, all as more fully set forth in the City Council Agenda Report dated November 21, 2016. 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 $299,900.00, all as set forth in the above mentioned City Council Agenda Report. 535 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 Amendment No. 1 to the above mentioned Contract with Line and Grade, as well as the Contract itself. All such documents shall be approved as to form by the City Attorney. APPROVED ATTEST <�L Stephanie M. Moon tftJ C erman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2151 day of November, 2016. No. 40703-112116. 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 Construction Phase of the Franklin Road over Norfolk Southern Railway (NSRW) Bridge Replacement Project; 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 Construction Phase of the Franklin Road over NSRW Bridge Replacement Project, all as more fully set forth in the City Council Agenda Report dated November 21, 2016. 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 $200,000.00, which includes an Amendment No. 2 for $137,700.00, all as set forth in the above Agenda Report. 536 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,: ^ o'� l 'k Stephanie M. Moon Reynolds, MMC erma .Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of November, 2016. No. 40704 - 112116. AN ORDINANCE to appropriate funding from the Foundation for Roanoke Valley for various educational programs, amending and reordaining certain sections of the 2016 - 2017 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 2016 - 2017 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Medical 302 - 232- 0000 - 1000 -751L- 62220- 46605 -0 -00 $10,500.00 Supplies Revenues Local /Other 302 - 000 - 0000 - 0000 -751L- 00000 - 33808 -0 -00 $10,500.00 Revenue 537 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: n f I t Stephanie M. Moon Reynolds, MM Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 215 day of November, 2016. No. 40705 - 112116. AN ORDINANCE to amend a Planned Unit Development Plan and repeal all conditions proffered as part of a previous rezoning of certain properties located at 2207, 2203, 0 (zero), 2219, 0 (zero), and 2211 Franklin Road, S. W., bearing Official Tax Map Nos, 1150102, 1150104, 1150106, 1150108, 1150112, and 1150113, respectively; and dispensing with the second reading of this ordinance by title. WHEREAS, Danny E. Broach, Manager, on behalf of Ivy View, LLC., has made application to the Council of the City of Roanoke, Virginia ( "City Council"), to amend a Planned Unit Development Plan and certain conditions presently binding upon a tract of land located at 2207, 2203, 0 (zero), 2219, 0 (zero), and 2211 Franklin Road, S. W., being designated as Official Tax Map Nos. 1150102, 1150104, 1150106, 1150108, 1150112, and 1150113, respectively, which properties are zoned INPUD, Institutional Planned Unit Development District, with proffers, such proffers being accepted by the adoption of Ordinance No. 40062 - 091514, on September 15, 2014; 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; 538 WHEREAS, a public hearing was held by City Council on such application at its meeting on November 21, 2016, after due and timely notice thereof as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the amendment of the Planned Unit Development Plan and certain conditions presently binding upon a tract of land located at 2207, 2203, 0 (zero), 2219, 0 (zero), and 2211 Franklin Road, S. W., being designated as Official Tax Map Nos. 1150102, 1150104, 1150106, 1150108, 1150112, and 1150113, respectively, which property is zoned INPUD, Institutional Planned Unit Development District, with conditions, such conditions being accepted by the adoption of Ordinance No. 40062- 091514, on September 15, 2014; WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the amendment of the Planned Unit Development Plan and proffers applicable to the subject property, and is of the opinion that the conditions now binding upon a tract of land located at 2207, 2203, 0 (zero), 2219, 0 (zero), and 2211 Franklin Road, S. W., being designated as Official Tax Map Nos. 1150102, 1150104, 1150106, 1150108, 1150112, and 1150113, respectively, should be repealed as requested, and that such property be zoned INPUD, Institutional Planned Unit Development District, without proffers, as set forth in the Zoning Amendment Amended Application No. 1 dated October 21, 2016, as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the repeal of the proffered conditions as requested in the Zoning Amendment Amended Application No. 1 dated October 21, 2016, so that the subject property is zoned INPUD, Institutional Planned Unit Development District, with no conditions. 539 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reyno s, MM Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21"day of November, 2016. No. 40706 - 112116. AN ORDINANCE repealing Ordinance No. 29660, adopted July 24, 1989, to the extent that it placed certain conditions on property located at 2002 Blue Hills Drive, N. E., and to rezone the subject property from 1 -1, Light Industrial District, with conditions, and ROS, Recreation and Open Space District, to 1 -1, Light Industrial District, without conditions; 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 2002 Blue Hills Drive, N. E., bearing Official Tax Map No. 7230101, rezoned from 1 -1, Light Industrial District, with conditions, and ROS, Recreation and Open Space District, to 1 -1, Light Industrial District, without conditions, and to repeal Ordinance No. 29660, adopted July 24, 1989, to the extent that it placed conditions on the subject property; 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; 540 WHEREAS, a public hearing was held by City Council on such application at its meeting on November 21, 2016, 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. Ordinance No. 29660, adopted July 24, 1989, to the extent that it placed certain conditions on property located at 2002 Blue Hills Drive, N. E., bearing Official Tax Map No. 7230101, is hereby REPEALED, and that 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 such action. 2. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Map No. 7230101 located at 2002 Blue Hills Drive, N. E., be, and is hereby rezoned from 1 -1, Light Industrial District, with conditions, and ROS. Recreation and Open Space District, to 1 -1, Light Industrial District, without conditions, as set forth in the Zoning Amendment Application No. 1 dated August 23, 2016. 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 Sherman P. Lea, Sr. City Clerk Mayor 541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of November, 2016. No. 40707 - 112116. AN ORDINANCE accepting the bid of South Commonwealth Partners, LLC (Developer) to acquire, buy, execute, and accept a certain easement on City -owned properties identified as Official Tax Map Nos. 4015004 (25 Church Avenue, S. E.), and 4015003 (106 Franklin Road, S. E.), as set forth in a Deed of Easement (Deed), upon certain terms and conditions; authorizing the City Manager to execute such Deed; authorizing the City Manager to take such further actions and execute such further documents as may be necessary to implement, administer, and enforce such Deed and to accomplish such matters, including the granting and sale of such easement; and dispensing with the second reading of this Ordinance by title. WHEREAS, the City has, by advertisement published once a week for two successive weeks in a paper of general circulation published in the City, publicly invited bids for the execution, grant, and delivery of the Deed to grant a certain easement on the City -Owned properties described above; WHEREAS, one bid for the execution of a Deed for acquisition of an easement and other matters for the purposes mentioned above was received pursuant to the advertisement and such bid was opened at the City Council meeting held on November 21, 2016; WHEREAS, by November 21, 2016, Developer submitted a bid to the City for the acquisition, execution, grant, and delivery of the Deed for the construction, installation, maintenance, replacement, and repair of private power utility services, in order to develop, construct, operate, and maintain a hotel consisting of 127 rooms at the Market Garage, 25 Church Avenue, S. E. (Hotel), upon substantially similar terms as contained in the proposed Deed that was on file in the City Clerk's Office; WHEREAS, the matter was referred to the City Manager for evaluation and negotiation with the Developer as to the final terms and conditions for such Deed; WHEREAS, negotiations between the City Manager and Developer have resulted in a Deed that provides for the grant and transfer of a certain easement affecting City- owned properties (Official Tax Map Nos. 4015004, or 4015003) for the construction, installation, maintenance, replacement, and repair of private power utility services (Easement); 542 WHEREAS, the Easement to be granted pursuant to the terms and conditions of the Deed has a term of 40 years commencing upon execution of the Deed, WHEREAS, the terms, conditions, and obligations of the grantee under the Deed are more particularly described in the City Council Agenda Report dated November 21, 2016; WHEREAS, the City Manager recommends that Council accept the bid of Developer and approve the execution and delivery of such Deed, a copy of which is attached to the City Council Agenda Report dated November 21, 2016; WHEREAS, after proper and timely notice by advertisement as required by the Code of Virginia, Council held a Public Hearing on this matter at its regular meeting on November 21, 2016, at which hearing all parties in interest and persons were given an opportunity to be heard, both for and against the proposed Deed; WHEREAS, City Council determined that the bid of Developer to acquire, buy, execute, and accept a Deed as set forth above, upon certain terms and conditions, was the most responsive and responsible bid received by the City and Council desires to accept such bid; and WHEREAS, after closing the Public Hearing, Council believes the sale of the Easement set forth in the Deed mentioned above for the Hotel will benefit the City and its citizens. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council accepts the bid of Developer and hereby makes a grant and an award for the Easement set forth in the Deed to Developer, subject to certain terms and conditions as further noted in the City Council Agenda Report dated November 21, 2016, and upon such other terms and conditions as the City Manager may deem appropriate and agree to. Council further finds that it will be in the best interest of the City to grant and award the Easement as set forth in the proposed Deed for the Hotel and will help in promoting economic development in downtown Roanoke. Any and all other bids made to the City for the above matter are hereby rejected. 2. The City Manager is hereby authorized to execute and deliver a Deed in which the City sells and transfers the Easement for limited purposes and uses affecting the following City -owned properties: Official Tax Map No. 4015004 (25 Church Avenue, S. E.), or Official Tax Map No. 4015003 (106 Franklin Road, S. E.) (the Easement is further described in the City Council Agenda Report dated November 21, 2016) for the construction, installation, maintenance, replacement, and repair of private power utility services related to the development, construction, operation, and maintenance of a hotel with 127 rooms (Hotel) that has been constructed by South Commonwealth 543 Partners, LLC. Such Deed shall be substantially similar to the one attached to the above mentioned City Council Agenda Report and upon such other terms as the City Manager deems appropriate and agrees to. Such Deed shall be approved as to form by the City Attorney. The bond or security to be provided to the City by the Developer shall be in such form and amount as set forth in the proposed Deed, or as may be amended as the City Manager deems appropriate. 3. The term of the Easement is 40 years and is set forth in the Deed and in the City Council Agenda Report dated November 21, 2016 and the Easement will expire automatically upon the expiration of its term. 4. The City Manager is further authorized to take such further actions and to execute such further documents as may be necessary to implement, administer, and enforce such Deed, and to accomplish the above matters and complete the transfer of the above mentioned Easement. Such actions and /or document execution include, but are not limited to, any needed modifications to such Deed and /or the Hotel Performance Agreement, modifications or amendments to the Easement granted pursuant to the Deed, provided such Easement is substantially similar to the Easement which is in furtherance of the development of the Hotel as described in the above - mentioned City Council Agenda Report, and agreements among the City, the Developer, and the lender for the Developer as described in the above mentioned City Council Agenda Report. The City Manager is expressly authorized to execute documents, including deeds of correction and /or deeds of easement to modify the legal description of the Easement after the City Manager accepts the sealed survey plats to be provided to the City by Developer, or new or amended deeds of easement for the relocation of the Easement as provided for in the Deed. 5. City Council expressly confirms and reaffirms the authority granted to the City Manager to implement, administer, and enforce the Hotel Performance Agreement as set forth in Ordinance No. 39829 - 121613, adopted on December 16, 2013, and Ordinance No. 40564 - 062016, adopted on June 20, 2016. 6. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. 7. This Ordinance is effective as of the date of its passage. APPROVED ATTEST: Stephanie M. Moon Reynolds, MM an P. Lea, Sr. City Clerk Mayor 544 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of November, 2016. No. 40708-112116. AN ORDINANCE authorizing an encroachment, at the request of South Commonwealth Partners, LLC, a South Carolina limited liability company, into the public right -of -way of the City of Roanoke, located on Church Avenue, S. E., Roanoke, Virginia, in connection with the development of the downtown Hampton Inn, adjacent to real property located at Official Tax Map No. 4015003; upon certain terms and conditions, and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that- 1 . Authorization is hereby granted to South Commonwealth Partners, LLC, a South Carolina limited liability company, pursuant to Section 15.2 -2010, Code of Virginia (1950) as amended, for the encroachment of a connection to an electrical box owned by Appalachian Electric Power into the City's public right -of -way located at Church Avenue, S. E., Roanoke, Virginia, in front of the new Hampton Inn, adjacent to property located at Official Tax Map No. 4015003, for the purpose of providing electrical service to the improvements on the real property designated as Official Tax Map Nos. 4015006, 4015007, and 4015008. The area of the encroachment shall be approximately 7 feet by 10 feet into the public right -of -way, more particularly bounded and described on the survey entitled "Plat Showing New Easement to be Located on Roanoke City T.M. #4015003 and T.M. #4015004 10' Easement (A- 3- b(i))," dated October 12, 2106, and Revised October 14, 2016, and as more particularly set forth and described in the City Council Agenda Report dated November 21, 2016. No additional property may be placed into the public right- of- way by Appalachian Electric Power pursuant to this Ordinance. 2. It is agreed by South Commonwealth Partners, LLC that in maintaining such encroachment, South Commonwealth Partners, LLC and its grantees, assignees, or successors in interest agree to indemnify and save harmless the City of Roanoke, its officers, agents, and employees from any and all claims for injuries or damages to persons or property, including attorney's fees, that may arise by reason of the above - described encroachment. South Commonwealth Partners, LLC agrees that the encroachment shall be removed at any time from the public right -of -way upon written demand of the City of Roanoke, and that such placement and removal of the encroachment shall be at the sole cost and expense of South Commonwealth Partners, LLC. South Commonwealth Partners, LLC agrees that it shall be solely responsible for the installation, maintenance, operation, cleaning, repair, restoration, of the encroachment, and it shall replace any damage to the building, and any damage to the land, caused by the placement and removal of the encroachment, at South 545 Commonwealth Partners, LLC's sole cost and expense. South Commonwealth Partners, LLC, further agrees that the City of Roanoke has no liability to South Commonwealth Partners for any vandalism or theft of such electrical box. 3. South Commonwealth Partners, LLC, its grantees, assigns, or successors in interest, shall, for the duration of this permit, maintain on file with the City Clerk's Office evidence of insurance coverage for such encroachment in an amount not less than $2,000,000.00 of general liability insurance. The certificate of insurance must list the City of Roanoke, its officers, agents, and employees as additional insureds, and an endorsement by the insurance company naming these parties as additional insureds must be received within thirty (30) days of passage of this Ordinance. The certificate of insurance shall state that such insurance may not be canceled or materially altered without thirty (30) days written advance notice of such cancellation or alteration being provided to the Risk Management Officer for the City of Roanoke. 4. The City Clerk shall transmit an attested copy of this Ordinance to South Commonwealth Partners, LLC, c/o Windsor /Aughtry Company, Inc., Suite 500, 40 West Broad Street, Greenville, SC 29601. 5. This Ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by South Commonwealth Partners, LLC has been admitted to record, at the cost of South Commonwealth Partners, LLC, in the Clerk's Office of the Circuit Court for the City of Roanoke and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 3 above is on file in the Office of the City Clerk, or until the City requires the removal of such encroachment, which may be done in the sole discretion of the City by sending written notice to South Commonwealth Partners, LLC to remove the encroachment authorized herein. In the event this Ordinance is not signed by South Commonwealth Partners, LLC and recorded in the Circuit Court Clerk's Office for the City of Roanoke within ninety (90) days from the adoption of this Ordinance, this Ordinance shall terminate and be of no further force and effect. 6. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: Ur Stephanie M. Moon Re Holds, C Sherman P. Lea, er. City Clerk Mayor 546 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 215 day of November, 2016. No. 40709- 112116. AN ORDINANCE authorizing the proper City officials to execute a Performance Agreement among the City of Roanoke (City), the Economic Development Authority of the City of Roanoke, Virginia, (EDA), and HRP Ivy Market, LLC, (HRP Ivy Market), a special purpose entity formed by Harbour Retail Partners Management, LLC that provides for certain undertakings by the parties in connection with the continued development of certain property located at the northwest corner of Franklin Road and Wonju Street, S. W., in the City of Roanoke (Project); authorizing the City Manager to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Performance Agreement; and dispensing with the second reading of this Ordinance by title. WHEREAS, on June 20, 2016, City Council adopted Ordinance No. 40569- 062016 approving a performance agreement among the City, the EDA, and HRP Ivy View, LLC for the continued development of the Ivy Market Project located at the comer of Franklin Road and Wonju Street; WHEREAS, HRP Ivy View, LLC and Harbour Retail Partners Management, LLC entered into an agreement for the sale of the Ivy View parcels. Harbour Retail Partners Management, LLC intended to assign its rights under this agreement to HRP Ivy View, LLC and requested the Performance Agreement authorized by Council on June 20, 2016; WHEREAS, Harbour Retail Partners Management, LLC has decided to assign its rights to another special purpose entity created by Harbour Retail Partners Management, LLC, HRP Ivy Market, LLC, a Delaware limited liability company; WHEREAS, this decision required a revision to the Performance Agreement with the City and EDA; WHEREAS, the revised Performance Agreement is substantially similar to the Performance Agreement approved in June, with changes as set forth in the City Council Agenda Report dated November 21, 2016; WHEREAS, such continued development of the site will require significant infrastructure cost and other costs for the continued development of the Project in order to attract high quality retail activity; 547 WHEREAS, Harbour Retail Partners Management LLC has requested an annual economic development grant through the EDA to assist in the unusual expense for continued development of the Project for HRP Ivy Market; WHEREAS, City staff has advised Council that such project will benefit economic development within the City and the Roanoke Region; and WHEREAS, the City and the EDA wish to encourage HRP Ivy Market to complete the Project in order to enhance and promote economic development within the City and the Roanoke Region. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the terms of the revised Performance Agreement among the City, the EDA, and HRP Ivy Market, as set forth in the City Council Agenda Report dated November 21, 2016, and its attachments, which provides for certain undertakings and obligations by HRP Ivy Market, as well as certain undertakings by the City and the EDA. City Council further finds that the annual economic development grant provided for by the Performance Agreement will promote economic development within the City and the Roanoke Region and will be of economic benefit to the City and its citizens. 2. The City Manager is hereby authorized on behalf of the City to execute a Performance Agreement among the City, the EDA, and HRP Ivy Market, upon certain terms and conditions as set forth in the above referenced Agenda Report. The Performance Agreement shall be substantially similar to the one attached to such Agenda Report and in a form approved by the City Attorney. 3. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Performance Agreement. 4. This Ordinance supersedes and controls over Ordinance No. 40569- 062016 to the extent Ordinance No. 40569- 062016 is inconsistent or conflicts with the provisions of this Ordinance. Me 5. Pursuant to the provisions of §12 the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: �' / /// / /�) Ste h�n1Re Y Reynolds, J� �` � 0� k7• Sherman P. Lea, Sr. City Clerk Mayor 549 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5" day of December, 2016. No. 40710-120516. AN ORDINANCE amending and reordaining Section 36.2 -205, Dimensional regulations, Table 205 -1, Permitted Yard Encroachments; Section 36.2 -311, Use table for residential districts; Section 36.2 -312, Dimensional regulations for residential districts; Section 36.2 -313, Front yard dimensions for infill development; Section 36.2- 315, Use table for multiple purpose districts; Section 36.2 -316, Dimensional regulations for multiple purpose districts; Section 36.2 -318, Pedestrian access; Section 36.2 -319, Section 36.2 -322, Use table for industrial districts; Section 36.2 -327, Use table for planned unit development districts; repealing Section 36.2 -333, Floodolain Overlay District F and replacing with a new Section 36.2 -333, Floodolain Overlay District (F); amending and reordaining Section 36.2 -335, River and Creek Corridors Overlay District (RCC); Section 36.2 -336, Comprehensive Sign Overlay District; Section 36.2 -406, Car wash; Section 36.2 -408, Day care centers. child; Section 36.2 -411, Gasoline stations; repealing Section 36.2 -415, Mini - warehouses; amending and reordaining Section 36.2 - C 429, Temporary uses, Table 429 -1, Temporary Uses; Section 36.2 -540, Zoning amendments; Section 36.2 -622, Exempt lighting; Section 36.2 -647, Buffering and screening; Section 36.2 -647, Buffering and screening, Table 647 -1, Buffering and Screening of Certain Uses and Activities; Section 36.2 -648, Parking area landscaping; Section 36.2 -649, Standards for buffering and screening and Darking area landscaping materials, Table 649 -1, Buffering Screening and Landscaping Materials; Section 36.2- 651, Applicability; Section 36.2 -652, Minimum parking, Table 652 -2, Required Parking Spaces; Section 36.2 -653, Maximum parking; Section 36.2 -654, Parking and loading area standards; Section 36.2 -705, Nonconforming uses; Section 36.2 -709, Certain use deemed not nonconforming; Section 36.2 -841, Powers and duties; Appendix A, Definitions; Appendix B, Submittal Requirements, B -1, Basic Development Plan; B -2, Comprehensive Development Plan; of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended; for the purposes of updating, clarifying, and making consistent with state law, the Citys zoning ordinance; providing for an effective date; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 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: ++ r tr 550 Sec. 36.2 -205. Dimensional regulations. Table 205 -1. Permitted Yard Encroachments Feature Front ISide Rear R -5 Handicap ramps associated with a residential use Yes 7 feet, as measured from the front of the buildino or the front y feet 10 feet line of an existing Porch if one is Present. + ++ (f) Front yards. (1) The depth of a front yard shall be measured at a right angle to the street line to the front building line of the building excluding the front porch or any other encroachment into the front yard. In the case of a curved street line, the depth shall be measured on the radial line. Sec. 36.2 -311. Use table for residential districts District RA R -12 R -7 R -5 R -3 RM -1 JRM-2 RMF Supplemental Regulation Section + ++ Commercial Uses. Day care home. adult S S S S S S la Is + ++ I k' .,d 11 551 Sec. 36.2 -312. Dimensional regulations for residential districts. 36.2 -313 Front yard) I I I I Yes ants for infill No No Yes Yes Yes Yes Yes Sec. 36.2 -313. Front yard dimensions for infill development. To determine the established front yard in the table below, the zenir Zoning administrateFAdministrator shall consider only the following lot or lots: (1) a lot or lots on which there is a principal structure on the same block face, and (2) up to one (1) lot on each side of a subject property which is closest to the subject property. However, no lot being used to determine the established front yard shall be an outlier. An outlier shall be any yard depth that deviates by more than twenty (20) percent from the average yard depth on the block face, not including the outlier or outliers. In such instances, the zening- Zoning administfiater Administrator shall determine the most shallow established front yard to be equal to such average depth. Where the most shallow established front yard is between the minimum and maximum front yards of the district Minimum yard: depth shallow established Maximum yard: depth shallow established front of the most front yard of the most yard, plus 5 feet Minimum yard: carne -as diskist same as— distriet depth of most shallow Where the most shallow established front yard is deeper than the district's maximum front yard established front yard Maximum yard: average between the depth of most shallow established front yard and deepest established front yard, excluding outliers as defined above. 552 Sec. 36.2 -315. Use table for multiple purpose districts V d Supplemental District MX CN CG CLS D IN ROS OF Regulation Section (Accommodations and Group Living: Short-term rental p p p p p r Commercial Uses: Miscellaneous Animal hospital or veterinary clinic S — S — S — S S — outdoorpens or runs * * R Kennel, outdoor pens or runs S S S * ** Warehousing and Distribution Uses: Self- storage building S S I If! R * * Assembly and Entertainment Uses: r RRR mating establishment S P P P P I Ip Eating and drinking establishment, S p p P P P not abutting a residential district — Eating and drinking establishment, abutting a residential district S — S S S S S * R * d 553 Meeting hall abutting a residential S S S S P P S district Meeting hall, not abutting a residential district P P P P P P P + x x Public, Institutional, and Community Facilities.- Day care home. adult S Is I I S S Supply pantry P P P P P p Sec. 36.2 -316. Dimensional regulations for multiple purpose districts MX CN CG CLS D HINR�OS OF Section 36.2 -318 Pedestrian access Ale Yes Yes Yes -le No Yes requirement applies Yes Yes Sec. 36.2 -318. Pedestrian access. + + In districts where indicated as applicable in Section 36.2 -316, designated pedestrian pathways of a minimum unobstructed width of five (5) feet shall be provided and clearly defined from the public sidewalk, or the public right -of -way where there is no public sidewalk, to the public entrance of any principal building. Such pedestrian pathways shall be handicapped accessible, surfaced with concrete, asphalt, bituminous pavement, brick or stone pavers, or a permeable paver pavement system, and shall be distinguished and separated from driveways and parking spaces by landscaping, berms, barriers, grade separation or other means to protect pedestrians from vehicular traffic. Where any such walkway crosses a motor vehicle travel lane, raised crosswalks shall be provided. Sec. 36.2.319. Building placement and fagade transparency standards for multiple purpose districts. x x + (d) A primary entrance shall be located within the required minimum and maximum front yards, with the threshold located at the grade of the adjacent sidewalk or at the adjacent grade when not abutting a sidewalk. Such primary entrance shall be accessible during normal business hours to employees and customers /patrons of the building occupant. Exceptions: 1) Where building placement is established according to the civic space yard option, a primary entrance shall abut the civic space yard with the entrance threshold located at the grade of the abutting civic space yard. (2) The primary entrance in the MX or IN District may be above the finished grade of the adjacent sidewalk or adjacent grade of the site. Sec. 36.2 -322. Use table for industrial districts District 1 -1 1 -2 AD Supplemental Regulation Section Commercial Uses: Miscellaneous Kennel, outdoor pens or runs Is Warehousing and Distribution Uses: Distribution center, not otherwise listed p P P Mini wareherise IR IR IR 36 2 4�5 Self- storage building IP IP p I 555 Self- storage facility Uses: ;essory uses, not otherwise listed in this Table door recreation facility lighting or sports stadium lighting Sec. 36.2 -327. Use table for planned unit development districts e� MXPUD INPUD IPUD Supplemental Regulation Section + ++ Commercial Uses: Miscellaneous Animal hospital or veterinary clinic outdoor )ens P orruns Warehousing and Distribution Uses: Self - storage building p - -- a �eae a :- e . ... . . .. .. ...• ..,. .- - e� . _ - -- a �eae a :- e . ... . . .. .. ...• ..,. .- - 556 mt: - t I - , �♦F1 - - - -- - - -- - -- - -- - - - - - -- - -- - - -- - - - -- ----- li - - - -- - - -- - -- - -- - - - - - -- - -- - - -- - - - -- ----- 558 MIR WIR I A jSW,',� I A% dl dj_— �!dIdidl_M �!Aldldj, WIN d 562 Willi WON-- - 90 C • gal "MOM MEMO OR 566 (k) 8*GBPWn uses in floodway; The following J uses shall be peanitted SOON R ........... ��; FR. ..... ..... .... . ....... 00 0' .......... owl • •J _ __ _ _� _ .•.yam e (G) The wateF supply pFoposed and sanitatiGn 65,stems and the OffiRl m0i": MWE -- _ __ _ _� _ .•.yam e (G) The wateF supply pFoposed and sanitatiGn 65,stems and the . y■■■ ..R....1T!1T1..... ............ •. �__.. ...•. __••. _•. e:.... .. 570 J Sec. 36.2 -333. Floodplain Overlay District (F). (a.) General Provisions (1) nazaros. 572 This section shall not create liability on the part of the City or any officer or emolovee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder. These regulations are not intended to repeal or abrogate any existing sections including subdivision regulations zoning ordinances or building codes In the event of a conflict between these regulations and any other ordinance or section the more restrictive shall govern 573 APPurtenant or accessory structure: Accessory structures not to exceed two hundred (200) square feet Areas of shallow flooding' A special flood hazard area with base flood depths from one to three feet where a cleadY defined channel does not exist where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident Such flooding is characterized by vonding or sheet flow. Base flood: The flood having a one percent (1 %) chance of being equaled or exceeded in any given year. Base flood elevation: The water surface elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given Year. The water surface elevation of the base flood in relation to the datum specified on the community's Flood Insurance Rate Mao For the Purposes of this section, the base flood is the one Percent (1 %) annual chance flood Basement Any area of the building having its floor sub -grade (below ground level) on all sides Conditional Letter of Map Revision ( CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas A CLOMR does not revise the effective Flood Insurance Rate Mao or Flood Insurance Study. Development Any man -made change to improved or unimproved real estate including but not limited to buildings or other structures mining dredging filling grading paving excavation or drilling operations or storage of equipment or materials Encroachment: The advance or infringement of uses plant growth, fill excavation buildings permanent structures or development into a foodolain which may impede or alter the flow capacity of a floodolain C 574 FEMA Federal Emergency Management Agency. FEMA Federal Emergency Management Agency. Flood or flooding: I. A general or temporary condition of partial or complete inundation of normally dry land areas from a. the overflow of inland or tidal waters 0 C. the unusual and rapid accumulation or runoff of surface waters from any source or Flood Insurance Rate Mao !FIRM): An official maD of a community, on which FEMA has delineated both the special hazard areas and the risk Premium zones applicable to the community, A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Me aku L Flood Insurance Study (FIS): A report by FEMA that examines, evaluates and determines flood hazards and if appropriate, corresponding water surface elevations or an examination, evaluation and determination of mudflow and /or flood - related erosion hazards. Floodplain: Any land area susceptible to being inundated by water from any source. Flood proof.. Any combination of structural and non - structural additions, changes, or adiustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Floodway. The channel of a river or other watercourse and the adiacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot at any point within the community. Functionally dependent use: A use which cannot perform its intended ouroose unless it is located or carried out in close proximity to water. This term includes only docking facilities port facilities that are necessary for the loading and unloading of cargo or passengers and shipbuilding and ship repair facilities but does not include long- term storage or related manufacturing facilities Highest adiacent grade: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Historic structure: Any structure that is 576 1. listed individually in the National Register of Historic ' Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for 2. individual listing on the National Register, certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district Preliminarily determined by the Secretary of the 3. Interior to qualify as a registered historic district individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the 4. Interior: or individually listed on a local inventory of historic places in communities with historic preservation Programs that have been certified either by an approved state Program as determined by the Secretary of the Interior: or, directly by the Secretary of the Interior in states without approved Programs Hydrologic and Hydraulic Analysis Analyses Performed by a licensed professional engineer, in accordance with standard engineering practices that are accented by the Virginia Department of Conservation and Recreation and FEMA used to determine the base flood, other frequency floods flood elevations floodwav information and boundaries, and flood profiles Letter of May Amendment (LOMA), An amendment based on technical data showing that a Property was incorrectly included in a designated special flood hazard area A LOMA amends the current effective Flood Insurance Rate Man and establishes that a land as defined by metes and bounds or structure is not located in a special flood hazard area. 577 regulations. Mean Sea Level Is an elevation point that represents the average height of the ocean's surface (such as the halfway point between the mean high tide and the mean low tide) which is used as a standard in determining land elevation 578 Recreational vehicle: A vehicle which is 1. built on a single chassis 2 four hundred (400) square feet or less when measured at the lamest horizontal proiectiom 3 designed to be self - propelled or permanently towable by a light duty truck- and 4. designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping travel, or seasonal use Special flood hazard area: The land in the floodplain subiect to a one (1%) Percent or greater chance of being flooded in any given year as determined in subsection (d)(1) of this Section Structure: For floodPlain management purposes a walled and roofed building including a gas or liquid storage tank that is Principally above ground as well as a manufactured home C V. M-i Substantial damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred Substantial improvement Any reconstruction rehabilitation addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50 %) of the market value of the structure before the start of construction of the improvement The term does not, however, include either 1. any project for improvement of a structure to correct existing violations of state or local health sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. or 2. any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure Violation: The failure of a structure or other development to be fully compliant with the City's floodplain management regulations A structure or other development without the elevation certificate other certifications, or other evidence of compliance required in this section is presumed to be in violation until such time as that documentation is provided 'J Watercourse: A lake river, creek stream wash channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. (c) Administration (A) Review applications for permits to determine whether proposed activities will be located in the Special Flood Hazard Area (SFHA) (B) Interoret floodplain boundaries and Provide available base flood elevation and flood hazard information (C) Review applications to determine whether Proposed activities will be reasonably safe from flooding and require new construction and substantial improvements to meet the requirements of these regulations (E) Verify that applicants proposing an alteration of a watercourse have notified adjacent communities the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and other appropriate agencies (Virginia Department of Environmental Quality, United States Army Corps of Engineers) and have submitted copies of such notifications to FEMA. (F) Approve applications and issue permits to develop in flood hazard areas if the Provisions of these regulations have been met, or disapprove applications if the provisions of these regulations have not been met. G) Inspect or cause to be inspected, buildings, structures, and other development for which Permits have been issued to determine compliance with these regulations or to determine if non - compliance has occurred or violations have been committed H) Review Elevation Certificates and require incomplete or deficient certificates to be corrected. (1) Submit to FEMA, or require applicants to submit to FEMA data and information necessary to maintain FIRMS including hydrologic and hydraulic engineering analyses Prepared by or for the City, within six (6) months after such data and information becomes available if the analyses indicate changes in base flood elevations. (J) Maintain and Permanently keep records that are necessary for the administration of these regulations including: (i) Flood Insurance Studies Flood Insurance Rate Maps (including historic studies and maps and current effective studies and maps) and Letters of Mao Change: and 582 (K) Enforce the Provisions of these regulations investigate violations, issue notices of violations or stop work orders and require permit holders to take corrective action. 9 (L) Advise the Board of Zoning Appeals regarding the intent of these regulations and, for each application for a variance Prepare a staff report and recommendation (M) Administer the requirements related to proposed work on existing buildings: (i) Make determinations as to whether buildings and structures that are located in flood hazard areas and that are damaged by any cause have been substantially damaged damage. (N) Notify FEMA when the corporate boundaries of the City have been modified and: (i) Provide a map that clearly delineates the new corporate boundaries or the new area for which the authority to regulate Pursuant to these regulations has either been assumed or relinquished through annexation: and i 583 of Dam Safety and Floodplain Management) and FEMA. (A) Where field surveyed topography indicates that adjacent ground elevations: Are below the base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM the area shall be considered as special flood hazard area and subject to the requirements of these regulations: or (ii) Are above the base flood elevation and the area is labelled as a SFHA on the FIRM the area shall be regulated as special flood hazard area unless the applicant obtains a Letter of Mao Change that removes the area from the SFHA. (B) In FEMA- identified special flood hazard areas where base flood elevation and floodwav data have not been identified and in areas where FEMA has not identified SFHAs any other flood hazard data available from a federal state or other source shall be reviewed and reasonably used (C) Base flood elevations and designated floodwav boundaries on FIRMs and in FISs shall take precedence over base flood elevations and floodwav boundaries by any other sources if such sources show reduced floodwav widths and /or lower base flood elevations. (D) Other sources of data shall be reasonably used if such sources show increased base flood elevations and /or larger floodwav areas than are shown on FIRMS and in FISs 584 (E) If a Preliminary Flood Insurance Rate Mao and /or a I Preliminary Flood Insurance Study has been provided by FEMA: (1) Upon the issuance of a Letter of Final Determination by FEMA. the Preliminary flood hazard data shall be used and shall replace the flood hazard data previously Provided from FEMA for the Purposes of administering these regulations (ii) Prior to the issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data emed the best available data pursuant to Section (d)(2)(C)(i) and used where no base flood elevations and /or floodwav area are provided on the effective FIRM. NO Prior to issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data is permitted where the preliminary base flood elevations or floodwav areas exceed the base flood elevations and /or designated floodwav widths in existing flood hazard data provided by FEMA Such preliminary data may be subiect to change and /or appeal to FEMA. El 585 • •• receiving a LumR (d) Establishment of Floodplain Overlay District and flood zones All development within the Floodplain Oveday District is subject to the development provisions found in subsection (e) of this section (2) Additional requirements in specific Special Flood Hazard Areas. The following provisions shall apply within the floodway of an AE zone: (0 Within any floodwav area, no encroachments including fill, new construction substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that 587 Develooment activities which increase the water surface elevation of the base flood may be allowed provided that the applicant first applies for a (CLOMR), and receives the approval of FEMA Such application shall be accompanied by a resolution adopted by the City Council for the Citv. endorsing such application If the above items in this Dart are satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of part d of this section. (1) Agricultural operations such as farming pasture, grazing, outdoor plant nurseries horticulture forestry, sod farming and wild crop harvestim 2) Public and private recreational uses such as Parks, picnic grounds golf courses boat launching or swimming areas hiking or Q horseback riding trails wildlife and nature preserves fishing areas and trap and skeet game ranges: (3) Botanical gardens: and (4) Accessory residential uses such as yard areas gardens, and play areas Special exceotion uses in floodwav The following uses shall be permitted in the floodwav by special exception -granted by the Board of Zoning Appeals provided such uses are permitted in the underlying base zoning dist(ct: (A) Accessory structures related to the uses set forth in subsections (ii)(A) through (ii)(D) above. (B) Utilities distribution: pas /electric compressor station or substation or water pump /lift station (C) Sewage treatment facility or water treatment facili . (D) Quarry and mining operations including excavation of sand gravel or clay, provided no increase in the level of flooding or velocity is caused. E) Storage of materials and equipment provided that they are not damage by flooding or provided that such material and equipment is Firmly anchored to prevent flotation or movement, or can be readily removed from the area within the time available after flood warning. u i� Li (B) AE zones with no floodwav delineated. AE zones on the FIRM are those areas for which one - percent annual chance flood elevations have been provided and the floodwav has not been delineated. The following provisions shall apply within an AE Zone where FEMA has provided base flood elevations but has not delineated a floodwav: (C) A Zones: A Zones are those areas for which no detailed flood profiles or elevations are provided but the one percent 0 %) annual chance floodplain boundary has been approximated For these areas the following provisions shall apply: 590 The Zoning Administrator reserves the right to require a hydrologic and hydraulic analysis for any development. When such base flood elevation data is utilized the lowest floor shall be elevated to or above the base flood level plus eighteen (18) inches During the permitting process the Zoning ' Administrator shall obtain: U) The elevation of the lowest floor (in relation to mean sea level) including the basement. of all new and substantially improved structures and (2) If the structure has been flood - proofed in accordance with the requirements of this article, the elevation (in relation to mean sea level) to which the structure has been flood - roofed. 591 (D) AO Zones AO Zones are those areas of shallow flooding identified as AO on the FIRM For these areas the following Provisions shall apply: rg ade. (ii) All new construction and substantial improvements of non - residential structures shall: NO Adequate drainage Paths around structures on slopes shall be provided to guide floodwaters around and away from Proposed structures 592 requirements of the Floodplain Districts and those of any underlvina distnct the more restrictive Provisions shall apply. In the event any provision conceming a Floodolain District is declared inapplicable as a result of any legislative or administrative actions or judicial decision, all remaining provisions shall remain applicable and in effect. (e) District Provisions (1) Permit and Application Requirements (B) Site Plans and Permit Applications All applications for development within any floodplain district and all building permits issued for the floodplain shall incorporate the following information: (i) The elevation of the Base Flood at the site (ii) The elevation of the lowest floor (including basement) or, in V zones, the lowest horizontal structural member. 593 OR) For structures to be flood - Proofed (non - residential only), the elevation to which the structure will be flood-proofed. iv Topographic information showino existing and proposed ground elevations. (C) Elevation certificates and floodproofing certificates. (i) All applications for zoning permits for structures shall include a standard FEMA elevation certificate completed by a licensed surveyor or engineer. (ii) All applications for nonresidential structures to be floodproofed shall include a FEMA floodproofing certificate, when applicable. NO Prior to issuance of a Certificate of Occupancy, the applicant shall Provide a final FEMA elevation certificate of the as -built construction. (2) General Standards The following provisions shall apply to all permits: (A) New construction and substantial improvements shall be built according to this section and the Virginia Uniform Statewide Building Code, and anchored to Prevent flotation collapse or lateral movement of the structure B) Manufactured homes shalt be anchored to prevent flotation collapse, or lateral movement Methods of anchorina may include, but are not limited to use of over - the -too or frame ties to around anchors. This standard shall be in addition to and consistent with applicable state anchorinq requirements for resisting wind forces (C) New construction and substantial improvements shall be constructed with materials and utility eguipment resistant to flood damage. (D) New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. 'l�L; (E) New electrical heating ventilation plumbing air conditioning equipment and other service facilities including duct work, shall be designed and /or located so as to prevent water from entering or accumulating within the components during conditions of flooding (F) New and replacement water suoply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. (G) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. (H) On -site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them dudnq flooding (1) In addition to provisions A — H above in all special flood hazard areas, the additional provisions shall apply- (K) The flood carrying capacity within an altered or relocated portion of any watercourse shall be maintained (A) Residential Construction New construction or substantial improvement of any residential structure in Zones Al -30 AE AH and A with detailed base flood elevations shall have 11 595 (B) Non - Residential Construction (C) Space Below the Lowest Floor. In zones A AE AH AO and Al -A30. fully enclosed areas, of new construction or substantially improved structures which are below the �/ regulatory flood protection elevation shall 596 (ii) be constructed entirely of flood resistant materials below the regulatory flood Protection elevation (iii) include measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters To meet this requirement, the openings must either be certified by a professional engineer or architect or meet the following minimum design criteria: 1) Provide a minimum of two openinas on different sides of each enclosed area subject to e flooding. (2) The total net area of all openings must be at least one (1) square inch for each square foot of enclosed area subject to flooding (3) If a building has more than one enclosed area each area must have openings to allow floodwaters to automatically enter and exit (4) The bottom of all required openings shall be no higher than one (1) foot above the adjacent grade. (5) Openings may be equipped with screens louvers, or other opening coverings or devices Provided they permit the automatic flow of floodwaters in both directions. If 597 (6) Foundation enclosures made of flexible skirting are not considered enclosures for regulatory Purposes, and therefore do not reauire openings Masonry or wood underpinning regardless of structural status, is considered an enclosure and requires openings as outlined above. (D) Standards for Manufactured Homes and Recreational Vehicles In all designated flood hazard areas. all manufactured homes placed or substantially improved, on individual lots or Parcels, must meet all the requirements for the zone in which they are located for new construction, including the elevation and anchoring requirements in this section (ii] All recreational vehicles placed on sites must either (2) meet all the requirements for manufactured homes in subsection (e)(3)(D)(i) (1) The Zoninq Administrator has determined that (A) A Proposed change is not a substantial repair or substantial improvement. B) No new square footage is being built-in the floodDlain that is not compliant. I (C) No new square footage is being built in the floodwav and • ( ) The chance complies with this section and the Virginia Uniform Statewide Building Code (2) The changes are required to comply with a citation for a health or safety violation (2) The danger that materials may be swept on to other lands or downstream to the iniury of others (3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease contamination and unsanitary conditions. (4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners (5) The importance of the services Provided by the proposed facility to the community. IJ 599 (6) The requirements of the facility for a waterfront location. (7) The availability of altemative locations not subiect to flooding for the proposed use. 8) The compatibility of the proposed use with existina development and development anticipated in the foreseeable future. (9) The relationship of the proposed use to the comprehensive plan and floodplain management program for the area 00) The safety of access by ordinary and emergency vehicles to the orroperty in time of flood. (11) The expected heights, velocity, duration rate of rise, and sediment transport of the flood waters expected at the site (13) Such other factors which are relevant to the purposes of this section. •ee insurance. Sec. 36.2 -335. River and Creek Corridors Overlay District (RCC). (f) Permitted buffer impacts. The following development activities shall be permitted within the required riparian buffer area of the RCC Overlay District, provided no more land is disturbed than is necessary to provide for the desired installation or construction, all required permits have been issued, and any land disturbance activity complies with all erosion and sediment control requirements of Chapter 11.1 of this Code for the w stabilization of disturbed areas to minimize negative effects on the quality of surface waters: (3) Linear utility lines, railroad tracks, ard-public streets_r other public infrastructure improvements and private streets R f f Sec. 36.2 -336. Comprehensive Sign Overlay District. (c) Standards. All applications for review and approval of a Comprehensive Sign Overlay District shall comply with the following standards: (1) A Comprehensive Sign Overlay District shall be applied as an overlay only to lots located within a residential multifamily district multiple purpose district, industrial district, or planned unit development district; Sec. 36.2 -406. Car wash. (a) Standards. 3) A landscaping_ strip consistinq of evergreen shrubs and C deciduous trees as defined further in Section 36.2 -649 shall be placed along any street frontage of the lot or portion of the lot housing the car wash. The trees and shrubs shall meet the minimum planting size as listed in Section 36.2- 642. Sec. 36.2 -408. Day care centers, child. (b) Standards_ The following standards shall apply to any day care not licensed by the Virginia Department of Social Services: (2) Outdoor play area: When an outdoor play area is provided, such 602 (B) The outdoor play area shall be fenced to provide a safe enclosure, shall Rat require the GFOGGiAq Gf aRy V8hqGI4'aF Fight 9f Way. Sec. 36.2 -411. Gasoline stations. (d) Standards in the CN and D Districts. Any gasoline station located in the Commercial - Neighborhood District (CN) or Downtown District (D), shall be subject to the following standards: L 603 (4}— - buUdigg -The or merGhandise she" be outdoor 6teFage Of inventory, materials, f oil 1 All w Sec. 36.2 -429. Temporary uses. (a) Applicability. Authorized temporary uses, including permitted locations, duration, and maximum number per calendar year, and whether or not a zoning permit is required, shall be as set forth in Table 429 -1: FLy Table 429.1. Temporary Uses v Zoning Maximum Activity Districts Maximum Number Zoning Permit Where Duration Calendar Year Permitted for Lot Required? Public events, CN, CG, CLS, D, subject to IN, ROS, 1 -1, 1 -2, 14 calendar Not applicable Yes subsection (e) IPUD, INPUD, OF days below Public events. TWO Two. with an interval exempt from Any district calendar of at least three No subsection (el days months between — below 604 Sec. 36.2 -540. Zoning amendments. (c) Procedures; riling of application. (2) An application for a zoning amendment te- rezone preperty-shall be in writing on forms provided by the City, and filed with the Secretary to the Commission, accompanied by payment of all fees as set forth in the City of Roanoke's Fee Compendium as adopted by CiN Council in accordance with Section 15.2-107 of the Code of Virginia (1950), as amended. and GhaFges established by the City GawpGil. Sec. 36.2 -622. Exempt lighting. J The following outdoor lighting shall be exempt from the requirements of this ^ division: (e) Outdoor recreation facility or sports stadium lighting subject to Sections ; 36.2 -315. 36.2 -322. 36.2 -327 and 36.2- 403(f) Sec. 36.2 -647. Buffering and screening. C 605 Table 647.1. Buffering and Screening of Certain Uses and Activities Buffering or Minimum Activity or Use Location Screening Materials Height Wall of a principal Between the wall and an abutting Buffer: building that contains residential district or multiple Deciduous trees less than 15% d4stFiGt, PUP di6tFiG and evergreen None PLIFPOse 9F transparency MXPUD district. shrubs Any commercial or Between the location of the activity industrial process or and any abutting residential district, activity occurring occurring multiple purpose district, or PUD Screen: Solid feet outside of district, located within 15 feet of fence or wall — enclosed building property line of the abutting lot or lots. Perimeter of the mechanical Ground - mounted equipment that would otherwise be mMechanical visible from any street frontage or Screen: Fence 6" above equipment en adjacent property or wall with 60% the the height ground, more than Exception: Not required where the or greater the tallest 36 inches in height use is a single - family detached dwelling opacity unit Option 1 Option 1 Ground - mounted Perimeter of the mechanical Fence or wall above th e height thise mechanical equipment that would otherwise be 60% or of the tallest equipment up to 36 visible from any street frontage or greater opacity unit or Option 2 Option 2 inches in height adjacent property — Evergreen rgr shrubs 18 inches at lantin + ++ M ___ Mini warehouse RAtween the faGility Screen= —Solid fence 6feet and any solid purpose distrisf Wall, or evergreen -4ree screen Outdoor sports Between the facility and any Buffer: Deciduous trees None — facility abutting residential district Outdoor storage or self - storage facility — Between the storage area and any abutting residential district, multiple purpose district, or PUD district. Between the storage area and any residential district, multiple purpose district, or PUD district across a street Screen: Solid fence, solid wall, or evergreen tree screen 6 feet Sec. 36.2 -648. Parking area landscaping. a) Parking areas shall be subject to the following buffering and screening standards: (2) Interior planting areas shall be at least eight (8) feet by eighteen (18) feet, with a minimum soil depth of two (2) feet, and shall include surface landscaping, mulch, grass or other vegetative ground cover, or river rock Interior planting areas shall be located in one or more of the following locations: (A) Within an otherwise continuous row of parking spaces so as to provide separation between groups of parking spaces within a row: (B) At the end of a row of parking spaces so as to provide separation between parking spaces and an access aisle driveway, street alley or other paved area (C) At the end of a row of parking spaces so as to provide a corner between rows of parking spaces that are arranged at an angle to one another or 607 (D) Between opposing rows of parking spaces or between a row of parking spaces and an access aisle driveway, street alley or other paved area. Sec. 36.2 -649. Standards for buffering, screening, and parking area landscaping materials. Materials used to meet requirements of Sections 36.2 -647 and 36.2 -648 shall meet the standards of Table 649 -1. Table 649 -1. Buffering, Screening and Landscaping Materials Materials IStandards Evergreen trees Maximum spacing 8 feet on center Sec. 36.2.651. Applicability. The off - street parking and loading requirements of this division shall apply to any new structure or use, any increase in intensity of use, including an addition to or enlargement of an existing structure, or a change of existing use. No Certificate of Occupancy shall be issued until required off - street parking and loading spaces have been established in accordance with the requirements of this division. The repetitive Sec. 36.2 -652. Minimum parking. N10619 Table 652 -2. Required Parking Spaces Use Minimum Number of Parking Spaces Required Maximum Calculated as 1 Space for Each Specked Unit Parking Commercial Uses: Retail Sales and Service F Car wash 1.5 self- service bay 0.25 automated service bay Y Sec. 36.2 -653. Maximum parking. (c) The maximum number of off- street parking spaces permitted, as established in Section 36.2- 653(a), shall not apply to parking areas utilizing permeable paver- pavement systems or to parking structures. Sec. 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: (1) All parking areas and loading areas shall be graded for drainage and have an improved surface, except where an alternative surface is permitted in Table 654 -1. Improved surface shall mean concrete, asphalt, bituminous pavement, brick or stone pavers, or a permeable paver- pavement system. M (2) Where gravel or a similar surface is permitted in Table 654 -1, the Zoning Administrator may require a development plan including satisfactory specifications for a sub -base and the size, tamping, and containment of gravel and documentation that dust will not be generated in an amount in excess of that which would be generated by a paved surface or permeable paveFpavement system prior to approval. (c) Pedestrian access. In the CG and CLS Districts, designated, clearly identified pedestrian access shall be provided between off - street parking areas and public entrances of a building or use which is required to provide fifty (50) or more parking spaces, as set forth in Table 652 -2, or which provides fifty (50) or more parking spaces. Such pedestrian access shall consist of sidewalks or other walkways of a minimum unobstructed width of five (5) feet which are surfaced with concrete, asphalt, bituminous pavement, brick or stone pavers, or a permeable paver-pavement system, are handicapped accessible, and are separated from vehicular traffic by landscaping, berms, barriers, grade separation or other means to protect C pedestrians from vehicular traffic. At all points where such pedestrian access crosses the lane of motor vehicle travel, raised crosswalks shall be provided. i k k Sec. 36.2 -705. Nonconforming uses. 610 Sec. 36.2 -709. Certain uses deemed not nonconforming. � Uses in existence in a district at the time of adoption or amendment of this chapter, for which a special exception permit would be required if they were new uses, shall be deemed conforming uses so long as they continue in existence on the same lot. Once such use is abandoned for any continuous period longer than two (2) years, any new use of the premises must conform to the applicable district regulations. Sec. 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. APPENDIX A. DEFINITIONS wood, marriage or adoption. 611 Day care home, Child: A child day program offered in the residence of the provider, serving one (1) through four 4 children at any one (1) time, exclusive of any children related to the provider by blood, marriage, or adoption. A child day program means a regularly operating service arrangement for children where, during the absence of a parent or guardian, a person has agreed to assume responsibility for the supervision, protection, and well -being of children under the age of thirteen (13) for less than a twenty- four -hour period. Family day home: a child day program offered in the residence of the provider or the home of any of the children in care for sk k6( - ive 5 through twelve (12) children under the age of thirteen (13), exclusive of the provider's own children and any children who reside in the home, when at least one (1) child receives care for compensation. • x Mixed -use building: A single building containing more than one (1) type of land use permitted within a zoning district, including residential, commercial, and Coffice. individuals f9F lGI;9 term 6t9Faqe of theiF household goods or peFsonal propeFty, Mobile food vending: the Preparation or sale of food or beverage from a motor vehicle, trailer or cart capable of being readily moved 612 Permeable - paver- pavement system: River rock: Stone intended for decorative around cover, characterized by a rounded grain shape and having a grain diameter of no less than 3/16 of an inch d 613 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 (7) Setback measurements for all existing or proposed structures on the lot from all adjoining property lines;. If the development is subiect to the front yard dimensions for infill develooment in Section 36.2 -313, delineatlaa the shallowest established front yard shall be delineated as required by that section on the adjemning aet —ii 205(f)(2)(A) and (B ).. Setback measurements shall be based on the distance from adjoining property lines to the line parallel to the street right -of -way that passes nearest that street right -of -way, with such point being thirty (30) inches or greater above the graded ground level. (If a structure has overhangs or eaves, setbacks should be measured from the furthest projection of the overhang to the street right -of -way on a line that is parallel to that street right -of- way.) 614 (e)d If the application for basic development plan approval proposes construction that will require a land disturbing activity in or upon critical terrain that slopes towards adjacent properties, streets, alleys, streams, or creeks, or if the proposed land disturbing activity is found by the Zoning Administrator to involve site - specific features which warrant a review of erosion and sediment control or if such proposed activities are applicable under Chapter 11.1 Erosion and Sediment Control, of this Code, a grading and erosion and sediment control plan, prepared by a licensed professional engineer, surveyor, or architect, shall be required. Where application is made for a permit for the purpose of preparation for the construction of a single - family residence, an agreement in lieu of a plan may be substituted for an erosion and sediment control plan. B -2. - Comprehensive Development Plan (c) basic development plan whether digital or paper, shall be submitted for any review by the Zoning Administrator. The comprehensive development Ian shall be submitted for review, accompanied by payment of the required fees. (d) A comprehensive development plan shall include the following information, although the agent to the planning commission may waive any of the following required information, if it is not needed to determine compliance with a specific section of this chapter and if the agent identifies such code section pursuant to Sections 36.2- 552(c) and 36.2- 553(c)(1)(B) of the Code of the City of Roanoke (1979), as amended: (4) Parking, loading, and driveway requirements: (K) If applicable, details of a permeable paveFpavement system to be utilized to exceed maximum permitted off - street parking pursuant to Section 36.2- 653(c). P 615 This ordinance will become effective immediately upon adoption. ` 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: o , Q Stephanie M. Moon Reyno *hrr,,.nP. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 51" day of December, 2016. No. 40711-120516. AN ORDINANCE adding Section 31.1 -303, Additional Requirements for Subdivisions in the Floodolain or in Riparian Buffer Areas; and amending and reordaining Section 31.1 -604, Review fees: and Appendix B, Submittal Requirements; of Chapter 31.1, Subdivisions, of the Code of the City of Roanoke (1979), as amended, providing for an effective date, and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 31. 1, Subdivisions, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 31.1 -303. Additional Requirements for Subdivisions in the Floodplain or in Riparian Buffer Areas. (a) Proposed buildings and structures shall be elevated or floodproofed in accordance with Chapter 36.2, Zoning, of the City Code. (b) All proposed grading, fill and related earthwork shall be in accordance with all applicable regulations set forth in Section 36.2 -333 and Section 36.2- 335 of the Chapter 36.2, Zoning, of the City Code. 4 616 (c) The layout of a subdivision shall be consistent with the need to minimize flood damage, including locating structures and streets such that evacuation during a flood event can occur. (d) Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed to minimize flood damage. (e) Adequate drainage shall be provided to reduce exposure to flood hazards. (f) Base flood elevation data for all major subdivisions and any subdivision involving more than five (5) acres shall be provided, and base flood information from the Flood Insurance Rate Map (FIRM) when water surface elevation data is available shall be provided. When such information is not available, base flood elevation data shall be obtained from other sources or developed using detailed methodologies, hydraulic and hydrologic analyses, comparable to those contained in a Flood Insurance Study. Sec. 31.1 -604. Review fees. (A) Fees for a min ($5B -9g) J Fees for a minor subdivision plat, a major subdivision plat, vacation of a plat or a portion of a plat, and a subdivision site plan, whether preliminary or final, 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. Appendix B. Submittal Requirements B -2. Requirements for preliminary subdivision plans. (b) Information required. A preliminary subdivision site plan shall be prepared on the separate component sheets as listed below. However, any one (1) or more of the sheets may be combined, provided legibility and clarity can be maintained. (2) Dimensional layout plan. The dimensional layout plan sheet should show the development project as it would look upon completion of all construction activities. The plan sheet should include the following: (D) Delineation of Special Flood Hazard Area (100 -year Floodplain), Floodway, and Riparian Buffer, as applicable. (3) Grading plan: (D) Delineation of Special Flood Hazard Area (100 -year Floodplain) and Floodway, and Riparian Buffer, as applicable. (4) Stormwater management plan: (C) Delineation of Special Flood Hazard Area (100 -year Floodplain) and Floodway, and Riparian Buffer, as applicable. (5) Utilities plan: (C) Delineation of Special Flood Hazard Area (100 -year Floodplain) and Floodway, and Riparian Buffer, as applicable. (6) Street plan: (C) Delineation of Special Flood Hazard Area (100 -year Floodplain) and Floodway, and Riparian Buffer, as applicable. B -4. Requirements for final subdivision site plan. (b) Contents. A subdivision site plan shall be prepared on the separate a component sheets as listed below. However, any one (1) or more of the sheets may be combined, provided legibility and clarity can be maintained. • i (2) Dimensional layout plan. The dimensional layout plan sheet should show the subdivision as it would look upon completion of all construction activities. The plan sheet should include the following: (A) Existing and proposed structures, and—jnGWdOQ—pave6-,area- i RGluding parking lots, park Rg area, driveways, and related GLIFbiRg. , (B) Paved areas, including parking lots, parking areas, driveways, and related curbing. (8C) Zoning information: (1) Current zoning classification of the property proposed for development. The zoning classification shall include a listing of any conditions to which the property is subject by reason of a zoning amendment or order of the board of zoning appeals, including the ordinance number and case number with effective dates. (D) Delineation of Special Flood Hazard Area (100 -year Floodplain) and Floodway, as applicable. (3) Erosion and sediment control plan (grading plan). (E) Delineation of Special Flood Hazard Area (100 -year Floodplain) and Floodway, as applicable. (4) Stormwater management plan. (C) Calculations as required in Chapter 44..^, Chapter 11.6, Stormwater Management, of this code and the Stormwater Management Design Manual. (D) Delineation of Special Flood Hazard Area (100 -year Floodplain) and Floodway, as applicable. I v (5) Utilities plan. # R # 619 (C) Delineation of Special Flood Hazard Area (100 -year Floodplain) and Floodway, as applicable. (6) Street plan. # # R (D) Delineation of Special Flood Hazard Area (100 -year Floodplain) and Floodway, as applicable. 2. The provisions of this ordinance shall be in full force and effect upon 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: C= (-��`t/'VVr Stephanie M. Moon Reynolds, MMC Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5� day of December, 2016. No. 40712-120516. AN ORDINANCE amending the Fee Compendium to create new fees for zoning modifications and plat and plan review; amending rezoning fees; providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The 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 to the Fee Compendium of the following fees: 620 Modification granted by the Zoning Administrator from any provision contained in the zoning ordinance with respect to physical requirements in a lot, including size, height, location or features of or related to any building, structure or improvements: Review of a minor subdivision plat: Review of a vacation of a plat or portion of a plat: Review of a major subdivision plat, whether for a preliminary or final subdivision: Review of a subdivision site plan, whether for a preliminary or final subdivision: $250.00 $150.00 $50.00 $220.00, plus $50.00 per lot $500.00, plus $75.00 per acre or portion thereof 2. Fees to process applications for amendments to the zoning map shall be amended to include the following: Rezoning to Residential Districts: $1,000.00 Rezoning to Commercial Districts: $1,000.00 Rezoning to Industrial Districts: $1,000.00 Rezoning to Special Purpose Districts: $1,000.00 Rezoning to Planned Unit Developments Districts: $1,000.00 Rezoning to Overlay Districts: $1,000.00 Amendment to Proffered Conditions: 3. Resolution No. 32412 - 032795 is hereby amended to the extent and only to the extent of any inconsistency with this Ordinance. 4. The fees established by this Ordinance will become effective immediately upon its passage, and shall remain in effect until amended by this Council. 5. 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 Reynolds, MMC Sherman P. Lea, Sr. City Clerk Mayor 7 I I 621 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5" day of December, 2016. No. 40713- 120516. A RESOLUTION authorizing acceptance of funding from the Commonwealth of Virginia, on behalf of the Virginia Department of Social Services ( "VDSS "), to be used for costs incurred by the City of Roanoke Department of Social Services ( "DSS ") in the conversion of its remaining public assistance programs to the Virginia Case Management System ( "VaCMS "); and authorizing execution of any required documentation on behalf of the City necessary to accept such funding. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts funding from the Commonwealth of Virginia, on behalf of the VDSS, in the amount of $66,025.00, with no local match required from the City, to be used for part-time and overtime costs incurred by the City of Roanoke DSS in the conversion of all remaining active cases for the major public assistance programs to the VA CMS, as more particularly set forth in the City Council Agenda Report dated December 5, 2016. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents necessary for the City to accept the aforementioned 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. Moon Reynolds, MMC She an P. Lea, Sr. City Clerk Mayor 622 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 51" day of December, 2016. No. 40714-120516. AN ORDINANCE to appropriate funding from the Virginia Department of Social Services for overtime wages and associated FICA costs for the conversion to the Virginia Case Management System (VACMS), amending and reordaining certain sections of the 2016 - 2017 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 2016 - 2017 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime Wages 01- 630 -5311 -1013 $ 61,333.00 FICA 01- 630 -5311 -1120 4,692.00 Revenues Social Services Administration 01- 110 - 1234 -0676 66,025.00 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: 6 _ 9 Stephanie M. Moon Reynold`s,JM'MC(/ Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5" day of December, 2016. No. 40715-120516. A RESOLUTION authorizing acceptance of a donation from Spikes K9 Fund, to the Roanoke City Police Department for four (4) "K9 Storm' duty harnesses, and authorizing execution of any and all necessary documents to accept the donation. 623 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 Spikes K9 Fund, a donation to the Roanoke City Police Department for four (4) "K9 Storm' duty harnesses, valued at approximately $10,000.00, as more particularly set forth in the City Council Agenda Report dated December 5, 2016. 2. The City Manager is authorized to execute, and file, for and on behalf of the City, any and all requisite documents pertaining to the City's acceptance of the donation, such documents to be approved as to form by the City Attorney. 3. This Council wishes to express its appreciation and that of the citizens of the City of Roanoke to Spikes K9 Fund, for its generous donation to the Roanoke City Police Department as described above. 4. The City Clerk is directed to transmit a copy of this Resolution to Spikes K9 Fund, expressing the City's appreciation for its donation. APPROVED ATTEST: Stephanie M. Moon Reynolds, MC Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5" day of December, 2016. No. 40716-120516. A RESOLUTION authorizing the City Managers issuance and execution of additional Amendments to the City's Contract with Enteros Design, P.C., for additional professional services for the Melrose Branch Library Project; 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: 624 1 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 Enteros Design, P.C., for additional professional services for the Melrose Branch Library Project, all as more fully set forth in the City Council Agenda Report dated December 5, 2016. 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 provide that the total amount of all such Amendments will not exceed an additional $391,025.00, which includes an Amendment No. 2 for $366,025.00, 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: 4ptfiA�M- Stephanie M. Moon Reynolds, MMC Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5m day of December, 2016. No. 40717-120516. A RESOLUTION renaming SunTrust Plaza to Holton Plaza. WHEREAS, City Council desires to recognize, applaud, and honor the significant public service provided by A. Linwood Holton, Jr. as Governor of the Commonwealth of Virginia, a distinguished attorney for more than 66 years, an active contributor to public affairs throughout Virginia, and a devoted husband and father; WHEREAS, City Council desires to rename SunTrust Plaza situated at 10 Franklin Road, Roanoke, Virginia to Holton Plaza; 625 WHEREAS, in accordance with the policy of City Council established by Resolution No. 37976- 121707 adopted on December 17, 2007, regarding the naming of City -owned facilities, including parks and plazas, City Council may waive the requirement of this policy that an individual be deceased for at least one year before renaming a facility "in order to recognize the outstanding contributions of a living person;" and WHEREAS, Governor Holton's numerous contributions to the quality of state government and public discourse through his commitment to equality and fairness for all Virginians justifies a waiver of this requirement. THEREFORE, be it resolved by the Council of the City of Roanoke as follows: 1. City Council finds and determines that the substantial contributions of A. Linwood Holton, Jr. to the City of Roanoke and the Commonwealth of Virginia warrant waiver if the requirement set forth in Resolution No. 37976- 121707 that a public facility be named or renamed for an individual who has been deceased for at least one year, and such requirement is hereby waived. 2. City Council hereby renames SunTmst Plaza situated at 10 Franklin Road, Roanoke, Virginia to Holton Plaza to recognize, applaud, and honor the outstanding contributions that Governor Holton has made to our City and our Commonwealth. 3. The City Manager is authorized to take such actions as are necessary to rename SunTrust Plaza as Holton Plaza. 4. The City Clerk is directed to provide a copy of this Resolution to Governor Holton as an expression of the appreciation of the City of Roanoke for Governor Holton's active and effective commitment to the people of Roanoke and the Commonwealth of Virginia. 5. This Resolution shall be effective upon passage. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC SFierman P. Lea, Sr. City Clerk Mayor 626 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5" day of December, 2016. No. 40718-120516. AN ORDINANCE amending and reordaining Section 24 -97, Possession or consumption of alcoholic beverages, of Article IV, Parks, of Chapter 24, Public Buildings and Property Generally, of the Code of the City of Roanoke (1979), as amended, to provide for the name change of SunTrust Plaza to Holton Plaza; 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. Section 24 -97, Possession or consumption of alcoholic beverages, of Article IV, Parks, of Chapter 24, Public Buildings and Property Generally, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 24 -97. - Possession or consumption of alcoholic beverages. (b) Subsection (a) of this section notwithstanding, the city manager is hereby authorized to allow alcoholic beverages to be consumed on the premises of Elmwood Park, Century Square at Church Avenue, S.E., designated as Official Tax Map No. 4010305 ( "Century Square "), Mill Mountain Park (including the Discovery Center and any shelters at Mill Mountain Park), Mountain View (including Mountain View Recreation Center), Vic Thomas Park, Wells Fargo Plaza at Market Street, S.E., located adjacent to the Market Square Walkway ( "Wells Fargo Plaza "), Reserve Avenue Park, SuaTrast— Holton Plaza, Preston Park (including Preston Park Recreation Center), Fallon Park (including Fallon Park Shelter, but not including Fallon Park Pool and Fallon Park School, which includes the buildings and the adjacent property used and maintained by Roanoke City Public Schools), Smith Park (including Smith Park Shelter), Highland Park (not including the enclosed area designated as Highland Dog Park within Highland Park), and Wasena Park designated as Official Tax Map No. 1222301 (including Wasena Brick Shelter and Wasena Stone Shelter), hereinafter collectively referred to as the "designated park facilities," under the following conditions: 2. This Ordinance shall be in full force and effect upon its passage. 627 3. Pursuant to §12 of the Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: yn a � P Stephanie M. Moon Re C erman P. Lea, Sr. . City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5� day of December, 2016. No. 40719-120516. A RESOLUTION memorializing the late Gus George Pappas, longtime resident and patriarch of The Roanoke Weiner Stand. C WHEREAS, the members of Council learned with sorrow of the passing of Mr. Pappas on Friday, August 26, 2016; WHEREAS, born Konstantinos Georgios Papakostantinou in Trikala, Greece on January 19, 1934, to Georgios and Evanggeli Papakostantinou, Mr. Pappas worked with his brother, Arthur, at his parent's caf6 and apprenticed as an electrician; WHEREAS, Mr. Pappas was also a professional soccer player in Greece before a knee injury forced him into early retirement; WHEREAS, Mr. Pappas arrived at Ellis Island in 1955 at the age of 21, shortened his name to Gus Pappas, and moved to Roanoke, Virginia where he immediately started working for his uncle and aunt, Harry and Elsie Chacknes, owners of The Roanoke Weiner Stand, a local restaurant that first opened for business in 1916; WHEREAS, Mr. Pappas joined the assembly line at the Roanoke Weiner Stand and quickly developed the skills necessary to prepare, the "one with "(a standard hot dog with mustard, chili, and onions for 15 cents), and, to the delight of the business and its customers, Mr. Pappas could prepare 25 "one with" orders in sixty seconds; WHEREAS, Mr. Pappas earned the legendary title of Roanoke's Hot Dog King, and the Hot Dog King and The Roanoke Weiner Stand became fixtures in downtown CRoanoke; 628 WHEREAS, over the years Mr. Pappas took on more responsibility and finally took over the family business in the 1970's, eventually opening a second Roanoke Weiner Stand on Lee Highway in 1984; WHEREAS, after retiring in the 1990's, Mr. Pappas passed the family business on to his nephew, Gus Harrison Chacknes; WHEREAS, Mr. Pappas was very proud of the business he built with his family at The Roanoke Weiner Stand, a Roanoke culinary institution that celebrated its centennial this year; and WHEREAS, Mr. Pappas always kept a youthful and generous spirit that will be deeply missed by his family and many friends. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adapts this resolution as a means of memorializing the contributions that Gus George Pappas made in our community, recording our deepest regret and sorrow at the passing of Gus George Pappas, and extending to his family our sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Ii Mr. Pappas's nephew, Gus Harrison Chacknes of Roanoke. APPROVED ATTEST: *V - Stephanie M. Moon Reynolds, MM Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 51h day of December, 2016. No. 40720-120516. A RESOLUTION recognizing the service of the Honorable Stephanie R. Clark to the City of Covington, Virginia and its people as a Council Member and community leader; and expressing the support and appreciation of Roanoke City Council. 629 Q WHEREAS, Council Member Clark is a native of Covington, Virginia, a 1985 graduate of Covington High School, and has volunteered in the school system, working as a secretary at Jeter - Watson and Edgemont schools for several years; WHEREAS, Council Member Clark was a teacher at the Allegheny Highlands Academy Christian School, serving as the Weekday Religious Education teacher from 2002 - 2004; WHEREAS, Council Member Clark was a volunteer for Helping Other People Excel (HOPE), a community program designed to help children with homework, cognitive skills, prepare them for pre - school, and is a guidance program for drug and alcohol prevention for grades 4 through 7, while providing them with a safe haven to learn; WHEREAS, Council Member Clark began her political career on the Covington City Council when she was appointed in March 2004, to fill the unexpired term of the late Honorable Wilbert Lee ending June 30, 2004, and in July 2004, she was elected for a four -year term of office ending June 30, 2008; and appointed as the first African - American female Mayor of the City of Covington for a two -year term ending June 30, 2006; WHEREAS, Council Member Clark will complete her final term as a Council Member on December 31, 2016, due to a Charter change in Councilmanic elections from May to November; WHEREAS, Council Member Clark has served actively and effectively on several community boards and commissions, including the Roanoke Valley Allegheny Commission Secured Rural Board as an appointee of the Secretary of Agriculture; the Roanoke Valley Allegheny Regional Commission, 2004 -2008; the Safehomes Board in 2004; and the Govemor s Transitional Team in Local Government; WHEREAS, Council Member Clark loves her community and volunteers on a regular basis for numerous community programs and projects, including the Literacy Program for Total Action for Progress (TAP); WHEREAS, Council Member Clark served on the TAP Board from 2004 to 2008 and was employed by TAP as Fathers First Community Services Coordinator, a Program created to assist fathers in the Rockbridge /Buena Vista area in establishing economic stability, creating healthy relationships, and developing tools for co- parenting; and accepted a position with TAP as its Rural Community Relations Director in 2014; WHEREAS, Council Member Clark represented Covington City Council in many regional and state -wide organizations, including her service on the Virginia Municipal C League's Laws /Procedures Committee in 2006; and the VA Cares Board of Directors for the State of Virginia in 2016; 630 WHEREAS, Council Member Clark attended Goodnews Fellowship School of Ministry 2014 and moved her membership to the First Baptist Church of Covington in 2011, where she was licensed as a minister and became the first woman to be ordained by the Reverend Dr. Willie L. Cannon; and WHEREAS, Council Member Clark was called as the Pastor of First Baptist Church - Buena Vista in June 2015. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this Resolution to recognize, acknowledge, and applaud Council Member Stephanie R. Clark for her many years of exemplary public service and inspirational leadership to her community and the people of Covington, and best wishes for continued success in her future endeavors. 2. The City Clerk is directed to transmit an attested copy of this Resolution to Councilwoman Clark. APPROVED ATTEST: y Stephanie M. Moon ReynolUs Sherman P. Lea, Sr. City Clerk Mayor 631 CIN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19"' day of December, 2016. No. 40721 - 121916. AN ORDINANCE authorizing the proper City officials to execute a Contract for Purchase and Sale of Real Property ( "Contract") between the City of Roanoke, Virginia ( "City'), and the County of Roanoke, Virginia ( "Buyer"), to sell to Buyer certain real property located on Jae Valley Road, in Roanoke County, Virginia, consisting of 9.8770 acres, more or less, ( "Property ") and which Property depicted as Parcel 1 in a plat entitled "Subdivision Plat from Records for the City of Roanoke, Virginia, Showing 34.98 Acres (D.B. 1056, Pg. 809) Plat Showing Property to be Acquired by the City of Roanoke, Virginia from L.F. and Lucille H. Stultz for a Proposed Back Creek Dam (D.B. 1056, Pg. 813) Creating Hereon Parcel 1 9.8770 Acres Parcel 1 -A 25.1027 Acres" prepared by Caldwell White Associates dated November 21, 2016 ( "Plat "), upon certain terms and conditions; the reservation of an access easement by the City across the Property to provide access to a public street for City -Owned property; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; and dispensing with the second reading C of this Ordinance by title. WHEREAS, a public hearing was held on December 19, 2016, pursuant to Section 15.2 -1800 and Section 15.2 -1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to execute a Contract, substantially similar to the Contract attached to the City Council Agenda Report dated December 19, 2016, to sell to Buyer certain real property located on Jae Valley Road, in Roanoke County, Virginia, consisting of 9.8770 acres, more or less, and is depicted as Parcel 1 in a plat entitled "Subdivision Plat from Records for the City of Roanoke, Virginia, Showing 34.98 Acres (D.B. 1056, Pg. 809) Plat Showing Property to be Acquired by the City of Roanoke, Virginia from L.F. and Lucille H. Stultz for a Proposed Back Creek Dam (D.B. 1056, Pg. 813) Creating Hereon Parcel 1 9.8770 Acres Parcel 1 -A 25.1027 Acres" prepared by Caldwell White Associates dated November 21, 2016 ( "Plat"), which Parcel 1 bears Roanoke County Official Tax Map No. 089.00 -03 -29.02 on the Plat ( "Property') for the purchase price of $10.00, together C with other consideration and performance of other obligations by Buyer, for the developing, constructing, operating and maintaining of a public park facility with public access to Back Creek for canoe and kayak uses, subject to certain terms and conditions 632 as set forth in the Contract, including (i) the limitation on use of the Property to public park facilities and public park uses and the acknowledgement of the collaboration between Roanoke County and the City through installation of signage at these facilities, and (ii) the reservation of an access easement by the City across the Property to provide access to a public street for City -Owned property, described as Parcel 1 -A in the Plat, consisting of 25.1027 acres, more or less, and bearing Roanoke County Official Tax Map No. 089.00 -03 -29.00 ( "Adjacent Property") for access to enter into and egress from Adjacent Property, upon such terms and conditions as more particularly set forth in the above - mentioned Agenda Report. 2. The City Council further finds the sale of the Property will be of economic benefit to the City and its citizens. 3. The City Manager is further authorized to execute such further documents, including a Special Warranty Deed of Conveyance for the transfer of the Property to the Buyer in accordance with the terms of the Contract, and take such further actions as may be necessary to implement, administer, and enforce the Contract and complete the sale and transfer of the Property to the Buyer. 4. The City Manager is further authorized on behalf of the City to negotiate and execute such further documents and take such further actions related to this matter and as may be necessary to implement, administer, and enforce the conditions and obligations that must be met by Buyer pursuant to the Contract. 5. The form of the documents referred to above and in the City Council Agenda Report are to be approved by the City Attorney. 6. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. I,l»3iI9��; ATTEST: Stephanie M. Moon Rey olds, C Sherman P. Lea, Sr. City Clerk Mayor 01 J 0 C C 633 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 191" day of December, 2016. No. 40722 - 121916. A RESOLUTION accepting Regional Surface Transportation Program Funds from the Virginia Department of Transportation to help fund both the engineering and construction of the second phase of the Tinker Creek Greenway Trail; and authorizing execution of any required documents on behalf of the City in connection with such funds 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 Virginia Department of Transportation Regional Surface Transportation Program Funds in the amount of $1,520,000.00, with no local match, for the engineering and construction of the second phase of the Tinker Creek Greenway Trail which will begin at Wise Avenue and traverse north alongside of Tinker Creek for three miles to Masons Mill Park. Once at Masons Mill Park, the Tinker Creek Trail will connect to the proposed Deschutes Brewery to be located within the Roanoke Centre for Industry and Technology, all of which is more particularly described in the City Council Agenda Report dated December 19, 2016. 2. The City Manager is hereby authorized to execute for and on behalf of the City, any and all requisite documents to obtain, accept, implement, administer and utilize the funds, such documents to be approved as to form by the City Attorney. APPROVED ATTEST: y� n - �yv�aQ�,� Stephanie M. Moon Re s, C Sherman P. Lea, Sr. City Clerk Mayor M11 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 191" of December, 2016. No. 40723- 121916. AN ORDINANCE to appropriate funding from the Virginia Department of Transportation Funds to the Tinker Creek Greenway Trail project, amending and reordaining certain sections of the 2016 - 2017 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 2016 - 2017 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from Federal Grant Funds 08- 620 - 9492 -9002 $ 1,520,000.00 Revenues VDOT RSTP — Tinker Creek Greenway Trail 08- 620 - 9492 -9492 1,520,000.00 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: tephanie M. Moon R no s C Sherman P. Lea, Sr. City Clerk Mayor I' ■ L 635 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19" day of December, 2016. No. 40724 - 121916. A RESOLUTION authorizing the City Managers execution of Amendment No. 3 to the City's Contract with Wellness for Life Medical, LLC, in an amount not to exceed a total amount of $793,848.00 for an eighteen -month period beginning on January 1, 2017, for additional work to support the Clinic's wellness technology platform and employee outreach at the request of the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized to execute, for and on behalf of the City, in a form approved by the City Attorney, Amendment No. 3, to the City's contract with Wellness for Life Medical, LLC, in an amount not to exceed $793,848.00 for an eighteen -month period beginning on January 1, 2017, to allow for additional work to support the Clinic's wellness technology platform and employee outreach at the request C of the City, all as more fully set forth in the City Council Agenda Report dated December 19, 2016. The City entered into the original Contract with Wellness for Life Medical, LLC, on January 17, 2013. 2. The City Manager is hereby authorized to take such further actions and execute all necessary documents as may be necessary to obtain, accept, implement, and administer such Amendment, with any such documents being approved as to form by the City Attorney. APPROVED ATTEST: ' Q4) . � S Stephanie M. Moon Re n MM Sherman P. Lea, Sr. City Clerk Mayor A C� 61 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19" day of December, 2016. No. 40725-121916. AN ORDINANCE to appropriate funding from Anthem Blue Cross Blue Shield for wellness and health care management programs, amending and reordaining certain sections of the 2016 - 2017 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 2016 - 2017 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Wellness Reimbursement Expense Revenues Wellness Reimbursement 01- 340 - 1263 -3055 $ 50,000.00 01- 110 - 1234 -1500 50,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Re olds, MC Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 191" day of December, 2016. No. 40726 - 121916. AN ORDINANCE authorizing the City Manager to execute Amendment No. 2 to the Contract for the Purchase and Sale of Real Property, dated January 21, 2015 ( "Contract'), by and between the City of Roanoke, Virginia ( "City "), and Roanoke Higher Education Authority ('RHEA'), for real property situated at 209 Henry Street, N. W., 637 G Roanoke, Virginia, designated as Official Tax Map No. 2013001, to extend the new construction commencement date to December 21, 2017, and the completion date of the new construction to January 22, 2019, upon certain conditions; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; reordaining Ordinance No. 40160 - 012015, adopted on January 20, 2015, and Ordinance No. 40509- 051616, adopted on May 16, 2016, only to the extent not inconsistent with this Ordinance; and dispensing with the second reading by title of this Ordinance. WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 40160- 012015, adopted on January 20, 2015, in which Council approved the terms of a Contract between the City and RHEA, pursuant to which Contract the City agreed to sell City -owned property located at 209 Henry Street, N. W., Roanoke, Virginia, designated as Official Tax Map No. 2013001; WHEREAS, the City and RHEA executed the Contract which was dated January 21, 2015; WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 40509- 051616, adopted on May 16, 2016, in which Council approved the terms of an Amendment No. 1 to the Contract between the City and RHEA; and C WHEREAS, the City and RHEA have negotiated changes to the Contract and desire to amend the Contract. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the terms of Amendment No. 2 to the Contract as set forth in the City Council Agenda Report dated December 19, 2016, which Amendment No. 2 amends the Contract approved by City Council by Ordinance No. 40160 - 012015, adopted on January 20, 2015, as amended by Amendment No. 1, and provides for certain undertakings and obligations by RHEA and City. 2. The City Manager is hereby authorized on behalf of the City to execute Amendment No. 2 to the Contract, which provides to extend the new construction commencement date to December 21, 2017 and the completion date of the new construction to January 22, 2019, upon certain terms and conditions as set forth in Amendment No. 2 to the Contract attached to the City Council Agenda Report dated December 19, 2016. Such Amendment No. 2 to the Contract is to be substantially similar to the one attached to such Report, and in a form approved by the City Attorney. L 638 3. The City Manager is further authorized to negotiate, execute, deliver, and implement such further documents and agreements and take such further actions as may be necessary to implement, administer, and enforce such Amendment No. 2 to the Contract, and to negotiate, execute, deliver, and implement any other agreements or documents related to this matter. 4. Ordinance No. 40160 - 012015, adopted January 20, 2015, and Ordinance No. 40509 - 051616, adopted on May 16, 2016, are hereby reordained to the extent that such Ordinances are not inconsistent with this Ordinance. In the event of any inconsistency, the provisions of this Ordinance shall control. 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading by title of this Ordinance is hereby dispensed with. APPROVED ATTEST: Stephanie M. Mteyno M Sherman P. Lea, Sr. City Clerk Mayor '1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 2016. No. 40727 - 121916. AN ORDINANCE approving certain changes and modifications to the Contract for Purchase and Sale of Real Property dated February 28, 2014, and as amended, by and between the City of Roanoke, Virginia, and Northwest Recreation Club, Inc. ( "Contract "), and under the terms of the Contract, Northwest Recreation Club, Inc. assigned its rights and obligations as buyer to Countryside Sportsplex, Inc. ( "Countryside "), to extend the time Countryside has to meet certain performance obligations and conditions imposed on Countryside under the terms of the Contract; authorizing the City Manager to execute Amendment No. 3 to the Contract to provide for such extension of time; and dispensing with the second reading of this Ordinance by title. 639 O WHEREAS, the City, as seller, and Northwest Recreation Club, Inc., as buyer ( "Buyer') entered into the Contract for the sale of certain City -owned property fronting along Highland Farm Road, N. W., Roanoke, Virginia, not to exceed the amount of 3.60 acres, which property included a former tennis facility building ( "Property"), as authorized by Ordinance No. 39868- 021814, adopted by City Council on February 18, 2014; WHEREAS, the Contract provided that all proposed improvements for the Buyers contemplated use of the Property would be completed within 450 days after the real estate closing date; WHEREAS, by Agreement dated June 27, 2014, the Buyer assigned all of its rights and obligations under the Contract to Countryside; WHEREAS, the City and Countryside closed the Property on July 30, 2014; WHEREAS, by Amendment No. 1, dated October 19, 2015, to the aforementioned Contract, as authorized by this Council by Ordinance No. 40360- 100815, adopted October 8, 2015, Countryside encountered several delays In the project's development and requested that the Contract be amended to change the project substantial completion date to July 29, 2016; WHEREAS, by Amendment No. 2, dated July 8, 2016, to the aforementioned Contract, as authorized by this Council by Ordinance No. 40582 - 070516, adopted on July 5, 2016, Countryside encountered several delays in the project's development and requested that the Contract be amended to change the project substantial completion date to December 30, 2016; WHEREAS, Countryside, has informed the City that it has encountered several delays in completing the proposed improvements on the Property pursuant to the terms of the Contract as a result of many issues it has encountered, and has requested that the City amend the Contract to extend the time Countryside has to complete the performance obligations and conditions under the terms of the Contract, including completing the proposed improvements on the Property, from 450 days after the closing date until a date no later than June 30, 2017; and WHEREAS, City staff recommends that City Council authorize such Amendment No. 3. C • $ THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the changes and modifications to the Contract to extend the time Countryside has to complete the performance obligations and conditions under the Contract, including completing the proposed improvements on the Property, from 450 days after the closing date until on or before June 30, 2017; upon such other terms as more fully described in the City Council Agenda Report dated December 19, 2016, to this Council, and the proposed Amendment No. 3, which is an attachment to such Report. 2. The City Manager is hereby authorized to execute Amendment No. 3 to the Contract, substantially similar to Amendment No. 3 attached to the City Council Agenda Report dated December 19, 2016, to provide for such extension of time, and to take such additional actions as may be necessary to provide for the implementation, administration, and enforcement of Amendment No. 3. All 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: Stephanie M. Moon Reyno Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19m day of December, 2016. No. 40728-121916. AN ORDINANCE to appropriate funding to be provided by the issuance of General Obligation Bonds to the Fallon Park Elementary project, amending and reordaining certain sections of the 2016 - 2017 School Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. 01 A 10 C 641 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2016 - 2017 School Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from 2018 Bond Funds 31- 065 - 6084 -9390 $500,000.00 Fallon Park Renovation 31- 065 - 9474 -9391 (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: Stephanie M. Moon Reyn s, MMC Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The W day of December, 2016. No. 40729 - 121916. AN ORDINANCE to appropriate funding from the Federal Government for the Title X Homeless Assistance Program, amending and reordaining certain sections of the 2016 - 2017 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 2016 - 2017 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Coordinator Salary 302 -140 - HOME - 1000 - 145L - 61210 - 41138 - 9 - 08 8,772.00 Professional 301 -140 - HOME - 1000 - 145L - 61210 - 44313 - 9 - 08 2,000.00 Development Student 302 -140 - HOME - 1000 -145L - 61210 - 43342 - 9 - 08 1,000.00 Transportation Indirect Cost 302 -140 - HOME - 1000 - 145L - 00000 - 62000 - 9 - 08 228.00 Revenues Federal Grant 302 - 000 - 0000 - 0000 - 145L - 00000 - 38196 - 0 - 00 12,000.00 Receipts 642 Pursuant 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 C Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 2016. No. 40730-121916. A RESOLUTION naming and honoring Jamice Rudd as the City of Roanoke 2016 Citizen of the Year. WHEREAS, Ms. Rudd earned her Bachelor of Science degree in criminal justice /biblical perspective from Liberty University in Lynchburg, Virginia, and received her Master's degree in accounting also from Liberty University; WHEREAS, since November 2010, Ms. Rudd volunteers as the President of the Roanoke Redevelopment & Housing Authority's Bluestone Park Community located in Northeast Roanoke; WHEREAS, since August 2010, Ms. Rudd also volunteers as the Treasurer of Joint Resident Council, Inc., a 501(c)(3) organization created by the Housing Authority to represent all of the residents residing in the eight neighborhood communities of the Housing Authority; WHEREAS, in 2015 the Housing Authority received a $40,000.00 grant from the Foundation for Roanoke Valley to support a program that provided dentures and eye glasses to individuals who were unable to afford these essential services, and Ms. Rudd promoted this program to help her neighbors by volunteering to transport program participants to Bedford, Virginia, in her personal vehicle, three times a week between 7:00 a.m. and 3:00 p.m. , after completing her night shift work as a telephone customer service representative; J •� O WHEREAS, in 2016 the Housing Authority sought and received additional support from the Foundation for Roanoke Valley to expand the denture and eyeglass program to assist residents throughout the City, nearly doubling the people served by this program, and Ms. Rudd extended her commitment in support of this program; WHEREAS, Ms. Rudd volunteers as the program's Director of Outreach, administering the program alongside Duane Smith, President of Joint Resident Council, Inc., and together they have created innovative partnerships with local dentists to provide essential dental services within the Roanoke community; WHEREAS, in July 2016 this program received the National Association of Housing and Redevelopment Officials "Tenant and Client Merit Award" for addressing this critical need of housing residents in 2015; WHEREAS, when local assistance for program participants was unavailable, Ms. Rudd reached out to a fellow member of Joint Resident Council, Inc. to provide transportation services that allowed participants to receive these services in Charlottesville, Virginia; WHEREAS, Ms. Rudd continues to explore opportunities to expand this program for more of Roanoke's citizens; and CWHEREAS, through her tireless commitment to her neighbors and community, Ms. Rudd continues to make a difference in her community and improve the quality of life for Roanoke's citizens. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council recognizes, commends, and applauds Jamice Rudd as the 2016 City of Roanoke Citizen of the Year for her many contributions and services to her neighbors and community to sustain, enhance, and improve the special quality of life in our City. 2. Council reiterates its commendations first made to Jamice Rudd by Mayor Sherman P. Lea, Sr. at the Harvesting for Fruits Dinner held on Friday, November 11, 2016, at the Jefferson Center, Roanoke, Virginia. C M� 3. The City Clerk is directed to forward an attested copy of this Resolution to ' Jamice Rudd. APPROVED ATTEST: O ,S� Stephanie M. Moon Reyn ds, M Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 2016. No. 40731-121916. AN ORDINANCE to rezone certain property located at 745 Townside Road, S. W., from 1 -1, Light Industrial 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, Chris Benson, on behalf of Puppyland, Ltd., has made application to the Council of the City of Roanoke, Virginia ( "City Council'), to have the property located at 745 Townside Road, S. W., bearing Official Tax Map No. 5490307, rezoned from I -1, Light Industrial District, with conditions, to CG, Commercial- General 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 December 19, 2016, 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 645 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. 5490307 located at 745 Townside Road, S. W., be, and is hereby rezoned from 1 -1, Light Industrial District, with conditions, to CG, Commercial - General District, subject to certain conditions proffered by the applicant, as set forth in the Zoning Amendment Amended Application No. 2 dated November 30, 2016. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. C ( APPROVED (ATTEST: Stephanie M. Moon Reynold mil` Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19"' day of December, 2016. No. 40732-121916. AN ORDINANCE permanently vacating, discontinuing and closing an approximately 500 foot semi - circular extension of a public right -of -way on the west side of an undeveloped 10 foot alley that extends from Connecticut Avenue, N. E., to, and intersecting with, another undeveloped 10 foot alley extending from Plantation Road, N. E, as more particularly described hereinafter; and dispensing with the second reading of this ordinance by title. C ORS WHEREAS, Randal Johnson filed an application with the Council of the City of Roanoke, Virginia ( "City Council "), in accordance with law, requesting City Council to permanently vacate, discontinue and close a certain public right -of -way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30 -14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on December 19, 2016, after due and timely notice thereof as required by §30 -14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right -of -way have been properly notified; and WHEREAS, from all of the foregoing, City Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right -of -way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right -of -way situate in the City of Roanoke, Virginia, and more particularly described as follows: an approximately 500 square foot semi - circular extension on the west side of an undeveloped 10 foot alley that extends from Connecticut Avenue, N. E., to, and intersecting with, another undeveloped 10 foot alley extending from Plantation Road, N. E., such semi - circular extension adjacent to only Official Tax Map No. 3040719, 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, 647 G fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above - described public right -of -way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise dispose of the land within the right -of -way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right -of -way. BE IT FURTHER ORDAINED that prior to receiving all required approvals of the subdivision plat referenced in the previous paragraph, the applicant shall give to the Treasurer for the City of Roanoke a certified check or cash in the amount of one thousand dollars ($1,000.00) as consideration pursuant to §15.2 -2008, Code of Virginia (1950), as amended, for the vacated right -of -way. r BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other L conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of one year from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. L • OO 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: cc Stephanie M. Moon Reyno s, M Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The W day of December, 2016. No. 40733-121916. AN ORDINANCE to rezone certain properties located at 1430 Hershberger Road, N.W., and 0 (zero) Hershberger Road, N. W., from MX, Mixed Use District, without conditions, 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, Jeff Thompson, on behalf of Blue Eagle Credit Union, has made application to the Council of the City of Roanoke, Virginia ( "City Council'), to have the properties located at 1430 Hershberger Road, N. W., and 0 (zero) Hershberger Road, N. W., bearing Official Tax Map Nos. 2280801 and 2280803, respectively, rezoned from MX, Mixed Use District, without conditions, to CG, Commercial- General 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 December 19, 2016, 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 I M O WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject properties, and for those reasons, is of the opinion that the hereinafter described properties should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Map Nos. 2280801 and 2280803 located at 1430 Hershberger Road, N. W., and 0 (zero) Hershberger Road, N. W., respectively, be, and are hereby rezoned from MX, Mixed Use District, without conditions, to CG, Commercial - General District, subject to certain conditions proffered by the applicant, as set forth in the Zoning Amendment Amended Application No. 2 dated December 1. 2016. 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: ATTEST: c-, Stephanie Moon Reynolds, MMC er�ea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19" day of December, 2016. No. 40734 - 121916. AN ORDINANCE authorizing the City Manager to execute Amendment No. 1 to a Lease Agreement and Amendment No. 1 to a Management Services Agreement with Virginia Western Community College Educational Foundation, Inc. ( "Foundation'), for the lease of an approximately 0.1671 acre parcel of City -owned property located at 709 South Jefferson Street, S. W., Roanoke, Virginia, known as the former Gill Memorial Hospital Building ( "Gill Memorial Property'), designated as Roanoke City C Official Tax Map No. 1020510, and dispensing with the second reading of this ordinance by title. 650 WHEREAS, the City and the Foundation entered into a lease agreement dated November 20, 2015, that provided for City to lease to and for Virginia Western Foundation to accept such lease of the Gill Memorial Property ( "Lease Agreement"); WHEREAS, the City and the Foundation have entered into a Management Services Agreement dated November 20, 2015 ( "Services Agreement "), in which the Foundation has agreed to certain terms and conditions to manage and operate, or to have its designee manage and operate, a technology acceleration center at the Gill Memorial Property focused primarily on connecting early stage companies to peers, mentors, and investors; and WHEREAS, a public hearing was held on December 19, 2016, pursuant to Sections 15.2- 1800(B) and 15.2 -1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the proposed lease. 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, Amendment No. 1 to the Lease Agreement with the Foundation to lease the Gill Memorial Property, to be operated by the Foundation, or its designee, as an acceleration center focused primarily on connecting early stage companies to peers, mentors, and investors at the Gill Memorial Property, for a term of five years, commencing on the date the Foundation, or its designee, first occupies the Gill Memorial Property. 2. The City Manager is hereby authorized, to execute, in a form approved by the City Attorney, Amendment No. 1 to the Services Agreement between the City and the Foundation. The provisions of the proposed amendments to the Lease Agreement and Services Agreement include revising the allowed use of the specific floors in the Gill Memorial Property, and clarification of the calculation of the operating revenues received by the Foundation, as more particularly described in the City Council Agenda Report dated December 19, 2016. I 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: Stephanie M. Moon Reyno ds, MM Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'' day of December, 2016. No. 40735-121916. AN ORDINANCE exempting from real estate property taxation certain real property located at 2121 Salem Avenue, S.W., and designated as Roanoke Official Tax Map No. 1311221, owned by TAAP Real Property II, LLC, a Virginia limited liability company (TAAP II), and leased exclusively and solely to Total Action Against Poverty in Roanoke Valley (TAP), a Virginia non - stock, not for profit corporation, trading as Total Action for Progress, 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, TAAP Ii, which is wholly owned by TAP, and TAP (hereinafter and collectively "the Applicant "), have petitioned Council to exempt certain real property owned by TAAP II from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on December 19, 2016; WHEREAS, the provisions of subsection B of Section 58.1 -3651, Code of Virginia (1950), as amended, have been examined and considered by the Council; WHEREAS, the Applicant agrees that the real property to be exempt from taxation is that certain real estate, including the land and any building located thereon, identified by Roanoke Official Tax Map No. 1311221, commonly known as 2121 Salem C Avenue, S. W., (the "Property'), and owned by TAAP II, which is leased by TAAP II exclusively and solely to TAP for charitable and benevolent purposes, shall be used by the Applicant exclusively for charitable or benevolent purposes on a non - profit basis; 652 WHEREAS, TAP has demonstrated through its filing of IRS form 990 that the tax 0 status of TAAP II is disregarded for federal income tax purposes; 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. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council classifies and designates TAAP II and TAP as charitable or benevolent organizations 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, including the land and any building located thereon, identified by Roanoke Official Tax Map No. 1311221, commonly known as 2121 Salem Avenue, S. W., and owned by TAAP II, which Property is used exclusively by the Applicant 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 J agrees to pay to the City of Roanoke on or before October 5 of each year a service charge in an amount equal to twenty (20 %) percent of the City of Roanoke's real estate tax levy, which would be applicable to the Property, were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation. 3. The tax exemption granted the Applicant pursuant to this ordinance shall be further conditioned upon Applicant filing with the City of Roanoke Office of Management and Budget, on an annual basis by each September 1, (1) a copy of the current an IRS Form 990 for TAP; (ii) certification from TAP that TAP is the sole member and manager of TAAP 11; and (iii) copies and all extensions, amendments, and renewals of leases between TAP and TAAP II. Applicant acknowledges that if any of 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 January 1, 2017, if by such time a copy, duly executed by an authorized officer of the Applicant, has been filed with the City Clerk. 653 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 Annette Lewis, President, TAP. 6. 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 MC Sherman P. Lea, Sr. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, r The 19' day of December, 2016. L No. 40736-121916. AN ORDINANCE exempting from real estate property taxation certain real property located at 2121 Salem Avenue, S.W., and designated as Roanoke Official Tax Map No. 1311221, owned by TAAP Real Property II, LLC, a Virginia limited liability company (TARP II), and leased exclusively and solely to Total Action Against Poverty in Roanoke Valley (TAP), a Virginia non - stock, not for profit corporation, trading as Total Action for Progress, 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, TAAP Il, which is wholly owned by TAP, and TAP (hereinafter and collectively "the Applicant "), have petitioned Council to exempt certain real property owned by TAAP II from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on December 19, 2016; 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; 654 WHEREAS, the Applicant agrees that the real property to be exempt from taxation is that certain real estate, including the land and any building located thereon, identified by Roanoke Official Tax Map No. 1311221, commonly known as 2121 Salem Avenue, S.W., (the "Property'), and owned by TAAP II, which is leased by TAAP II exclusively and solely to TAP for charitable and benevolent purposes, shall be used by the Applicant exclusively for charitable or benevolent purposes on a non -profit basis; WHEREAS, TAP has demonstrated through its filing of IRS form 990 that the tax status of TAAP II is disregarded for federal income tax purposes; 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. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council classifies and designates TAAP 11 and TAP as charitable or benevolent organizations 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, including the land and any building located thereon, identified by Roanoke Official Tax Map No. 1311221, commonly known as 2121 Salem Avenue, S.W., and owned by TAAP II, which Property is used exclusively by the Applicant for charitable or benevolent purposes on a non -profit basis; continuance of this exemption shall be contingent on the continued use of the Property in accordance with the purposes which the Applicant has designated in this Ordinance. 2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to pay to the City of Roanoke on or before October 5 of each year a service charge in an amount equal to twenty (20 %) percent of the City of Roanoke's real estate tax levy, which would be applicable to the Property, were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation. 3. The tax exemption granted the Applicant pursuant to this ordinance shall be further conditioned upon Applicant filing with the City of Roanoke Office of Management and Budget, on an annual basis by each September 1, (i) a copy of the current an IRS Form 990 for TAP; (ii) certification from TAP that TAP is the sole member and manager of TAAP 11; and (iii) copies and all extensions, amendments, and renewals of leases between TAP and TAAP II. Applicant acknowledges that if any of the foregoing conditions are not met, the City reserves the right to terminate the tax exempt status of the Property. 655 O4. This Ordinance shall be in full force and effect on January 1, 2017, 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 Annette Lewis, President, TAP. 6. Pursuant to §12 of the Roanoke City Charter, the second APPROVED ATTEST: Wl",h ': L"' q UA Stephanie M. Moon Reynolds, MMC Sherman P. Lea, Sr. City Clerk Mayor 10 C