HomeMy WebLinkAbout41703-032720 - 41970-01042197
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 27th day of March, 2020.
No. 41703- 032720.
AN EMERGENCY ORDINANCE effectuating temporary changes in certain
deadlines; modifying public meeting and public hearing practices and procedures to
address continuity of operations associated with pandemic disaster; authorizing the city
manager to set the dates and time of public hearings for the FY 2021 budget and other
matters; establishing an effective date; and dispensing with the second reading of this
emergency ordinance by title.
WHEREAS, on March 12, 2020, Governor Ralph S. Northam issued Executive
Order Fifty -One declaring a state of emergency for the Commonwealth of Virginia
arising from the novel Coronavirus (COVID -19) pandemic;
WHEREAS, Executive Order Fifty -One acknowledged the existence of a public
health emergency which constitutes a disaster as defined by Virginia Code § 44- 146.16
arising from the public health threat presented by a communicable disease anticipated
to spread;
WHEREAS, Executive Order Fifty -One ordered implementation of the
Commonwealth of Virginia Emergency Operations Plan, activation of the Virginia
Emergency Operations Center to provide assistance to local governments, and
authorization for executive branch agencies to waive "any state requirement or
regulation" as appropriate;
WHEREAS, on March 13, 2020, the President of the United States declared a
national emergency, beginning March 1, 2020, in response to the spread of COVID -19;
WHEREAS, on March 11, 2020, the World Health Organization declared the
COVID -19 outbreak a pandemic;
WHEREAS, on March 16, 2020, the Roanoke City Council adopted Resolution
No. 41699-031620 and confirmed the declaration of local emergency made by
Robert S. Cowell, Jr., the City Manager and the local director of emergency
management on March 16, 2020;
WHEREAS, on March 16, 2020, City Council adopted Resolution
No. 41698-031620 to establish a policy for conducting meetings by electronic
communications, including meetings by electronic communications without a quorum of
,. City Council physically present in one location pursuant to Virginia Code §2.2- 3708.2
(A)(3);
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WHEREAS, on March 17, 2020, the City Manager directed that all municipal
buildings be closed to the general public through March 31, 2020;
WHEREAS, City Council finds that COVID -19 constitutes a real and substantial
threat to public health and safety and constitutes a "disaster" as defined by Virginia
Code §44- 146.16 being a "communicable disease of public health threat;"
WHEREAS, Virginia Code §15.2 -1413 provides that, notwithstanding any
contrary provision of law, a locality may, by ordinance, provide a method to assure
continuity of government in the event of a disaster for a period not to exceed six months
from the cessation of the disaster;
WHEREAS, Virginia Code §44- 146.21(C) further provides that a local director of
emergency management or any member of a governing body in his absence may upon
the declaration of a local emergency "proceed without regard to time - consuming
procedures and formalities prescribed by law (except mandatory constitutional
requirements) pertaining to performance of public work;"
WHEREAS, Virginia Code §2.2- 3708.2(A)(3) allows, under certain procedural
requirements including public notice and access, that members of City Council may
convene solely by electronic means "to address the emergency;"
WHEREAS, the open public meeting requirements of the Virginia Freedom of
Information Act ( "FOIA ") are limited only by a properly claimed exemption provided
under that Act or "any other statute;"
WHEREAS, the Governor and Health Commissioner of the Commonwealth of
Virginia and the President of the United States have recommended suspension of public
gatherings of more than ten (10) attendees;
WHEREAS, the Attorney General of Virginia issued an opinion dated March 20,
2020, which stated localities have the authority during disasters to adopt ordinances to
ensure the continuity of government;
WHEREAS, pursuant to Section 10 of the Charter of the City of Roanoke and
Virginia City Code §2 -15, Rule 2 and Rule 3, the Mayor, City Manager, or any Member
of City Council may call a special meeting of City Council with at least 12 hours' notice
and, on March 25, 2020, Robert S. Cowell, Jr., City Manager, called a special meeting
of City Council for March 27, 2020, at 2:00 p.m., to be held in the Council Chamber,
Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke,
Virginia, with participation by Members of City Council by electronic communications as
permitted and authorized by Virginia Code §2.2- 3708.2(A)(3); and
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WHEREAS, this emergency ordinance in response to the disaster caused by the
COVID -19 pandemic promotes public health, safety, and welfare and is consistent with
the law of the Commonwealth of Virginia, the Constitution of Virginia, and the
Constitution of the United States of America.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Roanoke, Virginia as follows:
1. That the COVID -19 pandemic makes it unsafe to assemble in one location
a quorum for public bodies including the City Council, the Roanoke City School Board,
the Planning Commission, the Board of Zoning Appeals, the Board of Equalization, and
all local and regional boards, commissions, committees and authorities created by the
City Council or to which the City Council appoints all or a portion of its members
(collectively "Public Entities" and individually "Public Entity "), or for such Public Entities
to conduct meetings in accordance with normal practices and procedures.
2. That in accordance with Virginia Code §15.2 -1413, and notwithstanding
any contrary provision of law, general or special, the following emergency procedures
are adopted to ensure the continuity of government during this emergency and disaster:
a. Any meeting or activities which require the physical
presence of members of the Public Entities may be held
through real time electronic means (including audio,
telephonic, video or other practical electronic medium)
without a quorum physically present in one location;
b. Prior to holding any such electronic meeting, the Public
Entity, and except for special meetings of City Council as
permitted under the City Charter or the organizational
documents of a Public Entity, shall provide public notice of at
least three (3) working days in advance of the electronic
meeting identifying how the public may participate or
otherwise offer comment;
C. Any such electronic meeting of Public Entities shall state on
its agenda and at the beginning of such meeting that it is
being held pursuant to and in compliance with this
Emergency Ordinance; identify Public Entity members
physically and /or electronically present; identify the persons
responsible for receiving public comment; and identify notice
of the opportunities for the public to access and participate in
such electronic meeting;
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d. Any such electronic meeting of the Public Entities shall be
open to electronic participation by the public and closed to
in- person participation by the public;
e. For any matters requiring a public hearing, public comment
may be solicited by electronic means in advance and shall
also be solicited through telephonic or other electronic
means during the course of the electronic meeting. All such
public comments will be provided to members of the Public
Entity at or before the electronic meeting and made part of
the record for such meeting; and
f. The minutes of all electronic meetings shall conform to the
requirements of law, identify how the meeting was
conducted, members participating, and specify what actions
were taken at the meeting. The Public Entities may approve
minutes of an electronic meeting at a subsequent electronic
meeting and shall later approve all such minutes at a regular
or special meeting after the emergency and disaster has
ended.
3. That notwithstanding any provision of law, regulation or policy to the
contrary, any deadlines requiring action by a Public Entity (including Constitutional
Officers) shall be suspended during this emergency and disaster; however, the Public
Entities and all staff thereof are encouraged to take such action as is practical and
appropriate to meet those deadlines. Failure to meet any such deadlines shall not
constitute a default, violation, approval, recommendation or otherwise.
4. That non - emergency public hearings and action items of Public Entities
may be postponed to a date certain provided that public notice is given so that the
public are aware of how and when to present their views.
5. That the separate public hearings to receive comments regarding (i) the
recommended budget for the City for Fiscal Year 2020 - 2021, (ii) the increase in the
real property tax rate pursuant to Virginia Code §58.1 -3321, and (iii) the proposed Fiscal
Year 2020 - 2021 HUD Funds Budget and the Fiscal Year 2020 - 2021 Annual Update
to the 5 Year Consolidated Plan, authorized by City Council for April 30, 2020, are
hereby extended to dates and times in May 2020 to be determined and set by the City
Manager.
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6. That the provisions of this Emergency Ordinance shall remain in full force
and effect for a period of 60 days, unless amended, rescinded or readopted by the City
Council in conformity with the provisions set forth in Virginia Code §15.2 -1427, as
applicable, but in no event shall such ordinance be effective for more than six months
from the cessation of the disaster.
7. Nothing in this Emergency Ordinance shall prohibit Public Entities from
holding in- person public meetings provided that public health and safety measures as
well as social distancing are taken into consideration.
8. Pursuant to City Charter §12, the second reading of this Emergency
Ordinance by title is hereby dispensed with.
9. An emergency is deemed to exist, and this Emergency Ordinance shall be
effective upon its adoption.
ATTEST:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 27th day of March, 2020.
No. 41704- 032720.
A RESOLUTION repealing Resolution No. 41698- 031620, adopted on March 16,
2020; and adopting a restated written policy for participation in City Council agenda
meetings through electronic communication.
WHEREAS, Virginia Code §2.2- 3708.2 allows members of local governing
bodies to participate in a meeting through electronic communication means from a
remote location in certain situations;
WHEREAS, on March 16, 2020, City Council adopted Resolution No. 41698 -
031620 that established the City Council's written policy to allow members of City
Council to meet through electronic communication means from a remote location;
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WHEREAS, Virginia Code §2.2- 3708.2 (A)(1)(b) limits the number of meetings at
which a member of the governing body may participate by electronic communication
means to two (2) in each calendar year;
WHEREAS, on March 12, 2020, Governor Ralph S. Northam declared a state of
emergency throughout the Commonwealth of Virginia with respect to the COVID -19
pandemic disaster; and
WHEREAS, City Council desires to clarify its written policy as set forth in
Resolution No. 41698- 031620 with respect to the number of meetings that a Member of
Council may participate at a meeting by electronic communication means.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. Resolution No. 41698- 031620 adopted March 16, 2020, is hereby
REPEALED.
2. The following policy is established for Council members' remote electronic
participation in City Council meetings:
1. On or before the day of a meeting, the member shall notify the
Mayor that the member is unable to attend the meeting due to an
emergency or a personal matter. The member must identify with
specificity the nature of the emergency or personal matter. A
member may also notify the Mayor that the member is unable to
attend a meeting due to a temporary or permanent disability or
other medical condition that prevents the member's physical
attendance.
2. Except as provided in Section 2.2- 3708.2 (A)(3), a quorum of the
Council must be physically assembled at the primary or central
meeting location. The Council members present must approve the
participation; however, the decision shall be based solely on the
criteria in this resolution, without regard to the identity of the
member or matters that will be considered or voted on during the
meeting. The Clerk or Deputy Clerk shall record in the Council's
minutes the specific nature of the emergency, personal matter or
disability and the remote location from which the absent member
participated. If the absent member's remote participation is
disapproved because such participation would violate this policy,
such disapproval shall be recorded in the Council's minutes.
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3. Participation by the absent member shall be limited in each
calendar year to two (2) meetings of Council based on a specified
personal reason as set forth in Virginia Code §2.2- 3708.2 (A)(1)(b).
Members shall not otherwise be limited except as set forth
expressly in State Code.
4. The Council shall make arrangements for the voice of the absent
member to be heard by all persons in attendance at the meeting
location.
5. With respect to meetings by electronic communications without a
quorum of Council present when the Governor has declared a
state of emergency, Council shall comply with the provisions of
Section 2.2- 3708.2(A)(3).
3. This resolution shall take effect upon adoption.
ATTEST:
c
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 27th day of March, 2020.
No. 41705 - 032720.
AN ORDINANCE ratifying and approving the suspension of fares for transit
services provided by Greater Roanoke Transit Company (GRTC) d /b /a Valley Metro;
authorizing the City Manager to take certain actions; and dispensing with the second
reading of this ordinance by title.
WHEREAS, on March 12, 2020, Governor Ralph S. Northam declared a state of
emergency throughout the Commonwealth of Virginia as a result of the disaster created
by the COVID -19 pandemic;
WHEREAS, on March 13, 2020, President Donald J. Trump declared a national
state of emergency as a result of the COVID -19 pandemic;
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WHEREAS, on March 16, 2020, Robert S. Cowell, Jr., City Manager, as the
Director of Emergency Management, declared a state of emergency within the City, and
City Council confirmed this declaration with the adoption of Resolution
No. 41699- 031620;
WHEREAS, federal, state, and local health officials urge implementation of
measures to eliminate gatherings and establish social distancing to address the
COVID -19 pandemic;
WHEREAS, GRTC has considered plans to maintain social distancing and has,
effective March 27, 2020 through and including April 24, 2020, suspended all fares for
all transit services provided by GRTC, and has requested City Council to approve this
emergency action; and
WHEREAS, pursuant to City Code §34 -22, City Council shall, from time to time,
establish fares to be charged by GRTC.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. City Council ratifies and approves the suspension of all fares for transit
services provided by GRTC for the period commencing March 27, 2020 through and
including April 24, 2020.
2. The City Manager is authorized to take any actions necessary to
implement, accomplish, and effectuate the suspension of all fares for transit services
provided by GRTC for the period commencing March 27, 2020 through and including
April 24, 2020.
3. Pursuant to City Charter §12, the second reading of this ordinance by title
is hereby dispensed with.
4. This ordinance shall be effective upon passage.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 61h day of April, 2020.
No. 41706- 040620.
A RESOLUTION setting the allocation percentage for personal property tax relief
in the City of Roanoke for the 2020 tax year; and determining that an emergency exists
and this resolution shall be effective upon passage.
WHEREAS, in accordance with the requirements set forth in
Section 58.1 -3524 (C) (2) and Section 58.1 -3912 (E) of the Code of Virginia, as
amended by Chapter 1 of the Acts of Assembly and as set forth in item 503.E (Personal
Property Tax Relief Program or "PPTRA ") of Chapter 951 of the 2005 Acts of Assembly,
qualifying vehicles with a taxable situs within the City commencing January 1, 2020,
shall receive personal property tax relief;
WHEREAS, this Resolution is adopted pursuant to Ordinance 37221 - 101705
adopted by City Council on October 17, 2005; and
WHEREAS, on March 12, 2020, Governor Ralph S. Northam issued Executive
Order Fifty -One declaring a state of emergency for the Commonwealth of Virginia
arising from the novel Coronavirus (COVID -19) pandemic disaster and on March 27,
2020, Roanoke City Council adopted Emergency Ordinance No. 41703 - 032720
modifying public meeting practices and procedures to address continuity of government
operations associated with pandemic disaster.
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 52.4 percent tax relief.
3. That qualifying personal use vehicles valued at $20,001.00 or more shall
only receive 52.4 percent 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.
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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.
6. In order to provide for the continuity of operations of the municipal
government associated with the pandemic disaster, an emergency is deemed to exist,
and this resolution shall be in full force and effect upon its passage.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC O
City Clerk
Gf'
erman P. Lea, Sr.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of April, 2020.
No. 41707- 040620.
A RESOLUTION authorizing the City Manager's issuance and execution of an
additional Amendment to the City's Contract with Motorola Solutions, Inc., for
maintenance and support for the computer aided dispatch hardware and software to the
new VA811/E911 Communications Center; 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 to the above
mentioned Contract, as well as the Contract itself; and determining that an emergency
exists and this resolution shall be effective upon passage.
WHEREAS, on March 12, 2020, Governor Ralph S. Northam issued Executive
Order Fifty -One declaring a state of emergency for the Commonwealth of Virginia
arising from the novel Coronavirus (COVID -19) pandemic disaster and on March 27,
2020, Roanoke City Council adopted Emergency Ordinance No. 41703 - 032720
modifying public meeting practices and procedures to address continuity of government
operations associated with pandemic disaster; and
WHEREAS, pursuant to the Emergency Ordinance, the provisions of Virginia
Code Section 2.2- 3708.2 (A)(3) are invoked for consideration of this proposed
amendment to a contract affecting the operations of the City's E -911 system.
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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 additional Amendment to the City's Contract with Motorola
Solutions, Inc., for maintenance and support for the computer aided dispatch hardware
and software to the new VA811/E911 Communications Center on Blue Hills Drive,
Roanoke, Virginia, all as more fully set forth in the City Council Agenda Report dated
April 6, 2020.
2. The form of such Amendment shall be approved by the City Attorney.
3. Such Amendment will provide authorization for additions to the work, with
an increase in the amount of the Contract of $65,906.00, 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 Amendment to the above mentioned Contract, as well as the
Contract. All such documents shall be approved as to form by the City Attorney.
5. In order to provide for the continuity of operations of the municipal
government associated with the pandemic disaster, an emergency is deemed to exist,
and this resolution shall be in full force and effect upon its passage.
APPROVED
ATTEST:
0..,f "L J— 9�1 c Cqy-
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of April, 2020.
No. 41708- 040620.
AN ORDINANCE approving and endorsing the revised budget schedule for the
Fiscal Year 2020 - 2021 budget presented by the City Manager on April 6, 2020,
pursuant to Ordinance No. 41703 - 032720 and Virginia Code Section 15.2 -1413;
authorizing the City Manager to take such actions necessary to implement the revised
budget schedule; determining that an emergency exists; establishing an effective date;
and dispensing with the second reading of this Ordinance by title.
WHEREAS, the City Manager presented, and City Council approved, the budget
development and presentation schedule for the Fiscal Year 2020 - 2021 budget that
provided for presentation of the recommended Fiscal Year 2020 - 2021 budget to
Council on April 20, 2020, separate public hearings on the recommended Fiscal Year
2020 - 2021 budget and related matters on April 30, 2020, and proposed adoption of the
Fiscal Year 2020 - 2021 budget, the updates to the HUD Consolidated Plan, adopting
and reaffirming the real property tax rate, and related matters on May 11, 2020;
WHEREAS, Governor Ralph S. Northam issued Executive Order Number Fifty -
One, dated March 12, 2020, declaring that a state of emergency exists within the
Commonwealth of Virginia as a result of the COVID -19 pandemic disaster, and
supplemented this declaration by issuing Executive Order Number Fifty -Five on
March 30, 2020 that ordered all residents of the Commonwealth of Virginia to remain at
their place of residence through June 10, 2020, as a result of the COVID-19 pandemic
disaster;
WHEREAS, Virginia State Code Section 15.2 -1413 permits localities to adopt
methods for the continuity of government during a disaster, "notwithstanding any
contrary provision of law, general or special;" and City Council adopted Ordinance No.
41703 - 032720 to authorize certain actions as a result of the COVID -19 pandemic
disaster;
WHEREAS, Virginia State Code Section 2.2- 3708.2(A)(3) permits members of a
governing body to meet through electronic communication means without a quorum of
the governing body being physically present at one location for the duration of an
emergency to address the emergency; and
WHEREAS, adoption of the Fiscal Year 2020 - 2021 budget prior to June 30,
2020 is essential to the continuity of government and the emergency created by the
COVID-19 pandemic disaster has made the original budget presentation inoperative.
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that: NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
1. City Council approves and endorses, notwithstanding any other applicable
law, general or specific, the budget presentation schedule for the Fiscal Year 2020 -
2021 Budget submitted by the City Manager during his presentation. Pursuant to this
revised schedule, the City Manager will present a recommended Fiscal Year 2020 -
2021 Budget to City Council on May 18, 2020; the public hearing on the recommended
Fiscal Year 2020 - 2021 Budget will be held on Thursday, May 28, 2020; Budget Study
for the recommended Fiscal Year 2020 - 2021 Budget will be on June 1, 2020; and
adoption of the Fiscal Year 2020 - 2021 Budget will be held on June 15, 2020.
2. City Council approves and endorses, notwithstanding any other applicable
law, general or specific, the schedule proposed by the City Manager for separate public
hearings at separate times for the updates to the HUD Consolidated Plan and the
proposal for adopting and reaffirming the real property tax rate for May 28, 2020.
3. City Council authorizes the City Manager to amend these dates and times
of the separate public hearings in his discretion, and to take such other actions
necessary to implement this ordinance.
4. City Council determines that an emergency exists as a result of the
COVID -19 pandemic disaster and this ordinance shall be effective upon passage.
5. Pursuant to Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of April, 2020.
No. 41709- 040620.
AN EMERGENCY ORDINANCE effectuating the temporary changes in the
deadlines for responding to requests for records under the Virginia Freedom of
Information Act during the current state of emergency; and dispensing with the second
reading of this Ordinance by title.
WHEREAS, on March 12, 2020, Governor Ralph S. Northam issued Executive
Order Fifty -One declaring a state of emergency for the Commonwealth of Virginia
arising from the novel Coronavirus (COVID -19) pandemic;
WHEREAS, Executive Order Fifty -One acknowledged the existence of a public
health emergency which constitutes a disaster as defined by Virginia Code
Section 44- 146.16 arising from the public health threat presented by a communicable
disease anticipated to spread;
WHEREAS, on March 11, 2020, the World Health Organization declared the
COVID -19 outbreak a pandemic;
WHEREAS, on March 13, 2020, the President of the United States declared a
national emergency, beginning March 1, 2020, in response to the spread of COVID -19;
WHEREAS, on March 16, 2020, the Roanoke City Council adopted Resolution
No. 41699-031620 and confirmed the declaration of local emergency made by
Robert S. Cowell, Jr., the City Manager and the local director of emergency
management;
WHEREAS, on March 16, 2020, City Council adopted Resolution No. 41698-
031620 to establish a plan for conducting meetings by electronic communications,
including meetings by electronic communications without a quorum of City Council
physically present in one location pursuant to Virginia Code Section 2.2- 3708.2 (A)(3);
WHEREAS, on March 27, 2020, by Resolution No. 41704 - 032720, Resolution
No. 41698- 031620, was repealed and restated to read and provide that participation by
the absent member shall be limited in each calendar year to two (2) meetings of Council
based on a specified personal reason as set forth in Virginia Code Section 2.2- 3708.2
(A)(1)(b); and further provided that Members shall not otherwise be limited except as set
forth expressly in State Code;
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WHEREAS, on March 27, 2020, City Council adopted Ordinance No. 41703-
032720 to address the continuity of government during the COVID -19 health disaster,
including the waiver of various deadlines; and
WHEREAS, this emergency ordinance is to supplement Ordinance No. 41703-
032720 adopted March 27, 2020.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Roanoke, Virginia:
1. Ordinance No. 41703 - 032720, previously adopted by City Council on
March 7, 2020 is hereby supplemented to include the following provisions to address
deadlines under the Virginia Freedom of Information Act:
Requests for records under the Virginia Freedom of Information
Act. Any deadline by which a response to a request for records
under the Virginia Freedom of Information Act (Virginia Code
Section 2.2 -3700 et seq.) is due, and the time for which any such
records may be inspected or produced, are extended indefinitely as
may be necessary during the state of emergency currently in place
as a result of the COVID-19 health disaster.
2. Pursuant to City Charter Section 12, the second reading of this
Emergency Ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Ncj't.4'.�
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
16
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of April, 2020.
No. 41710- 040620.
AN ORDINANCE amending and reordaining the Code of the City of
Roanoke, (1979), as amended, by amending Section 32 -105, When due and payable,
Article III, Tax on Tangible Personal Property Taxes Generally, Chapter 32, Taxation,
Code of the City of Roanoke (1979) as amended; providing for an effective date; and
dispensing with the second reading of this ordinance by title.
WHEREAS, Governor Ralph S. Northam issued Executive Order Number Fifty -
One, dated March 12, 2020, declaring that a state of emergency exists within the
Commonwealth of Virginia as a result of the COVID -19 pandemic disaster, and
supplemented this declaration by issuing Executive Order Number Fifty -Five on
March 30, 2020 that ordered all residents of the Commonwealth of Virginia to remain at
their place of residence through June 10, 2020, as a result of the COVID-19 pandemic
disaster;
WHEREAS, as a result of the COVID -19 disaster, the Noel C. Taylor Municipal
Building wherein the Roanoke City Treasurer's Office is located is closed to the public
through April 30, 2020;
WHEREAS, as a result of the closure of the Noel C. Taylor Municipal Building
and the governmental mandate issued pursuant to Executive Order Number Fifty -Five,
taxpayers have encountered difficulty paying their annual installment of tangible
personal property taxes and business personal property taxes, which come due and
payable on May 31, 2020;
WHEREAS, pursuant to Section 32 -105, City Code, tangible personal property
and business personal property taxes are due and payable annually on May 31; and
WHEREAS, in order to assist taxpayers and citizens in making their tangible
personal property taxes and business personal property taxes that come due and
payable on May 31, 2020, during this time of emergency, the City of Roanoke desires to
extend the due date for such taxes until June 30, 2020.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
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1. Roanoke City Council finds that it is in the best interests of its citizens
during the COVID -19 disaster and public emergency, to extend the due date for tangible
personal property taxes and business personal property taxes that come due on
May 31, 2020, from May 31, 2020, until June 30, 2020, pursuant to its authority under
Section 58.1 -3916, Code of Virginia (1950) as amended.
2. The Code of the City of Roanoke, Virginia (1979), as amended, is hereby
amended and reordained by amending Section 32 -105, When due and payable,
Article III, Tax on Tangible Personal Property Taxes Generally, Chapter 32, Taxation,
to read and provide as follows:
Sec. 32 -105. - When due and payable.
Annual city taxes imposed on all classes of tangible personal
property pursuant to section 32 -104 shall be due and payable at
the office of the treasurer on or before the thirty -first day of May of
each year, and all such taxes shall be paid on or before such date
in order to avoid the penalty provided for in section 32 -106.
Provided, however, for all classes of tangible personal property
pursuant to Section 32 -104 due on May 31, 2020, the due date is
extended from May 31, 2020, until June 30, 2020.
3. This ordinance shall be in full force and effect on and after its passage.
4. Pursuant to Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 29th day of April, 2020.
No. 41711- 042020.
A RESOLUTION acknowledging and recognizing the Workforce Innovation and
Opportunity Act ( "WIOX) Rapid Response funding from the Virginia Community College
System in the amount of $57,452.00 for the COVID -19 Business Support Initiative, for
the award period of March 1, 2020, through August 31, 2020, 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 April 20, 2020;
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;
WHEREAS, on March 12, 2020, Governor Ralph S. Northam issued Executive
Order Fifty -One declaring a state of emergency for the Commonwealth of Virginia
arising from the novel Coronavirus (COVID -19) pandemic disaster;
WHEREAS, Virginia State Code Section 15.2 -1413 permits localities to adopt
methods for the continuity of government during a disaster, "notwithstanding any
contrary provision of law, general or special;" and City Council adopted Ordinance No.
41703 - 032720 on March 27, 2020, to authorize certain actions as a result of the
COVID-19 pandemic disaster;
WHEREAS, Virginia State Code Section 2.2- 3708.2(A)(3) permits members of a
governing body to meet through electronic communication means without a quorum of
the governing body being physically present at one location for the duration of an
emergency to address the emergency; and
WHEREAS, City Council adopted Emergency Ordinance No. 41703 - 032720 on
March 27, 2020, authorizing certain actions as a result of the COVID-19 pandemic
disaster and modifying public meeting practices and procedures to address continuity of
government operations.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
19
1. Council acknowledges and recognizes for the purpose of administering
the Western Virginia Workforce Development Board, the WIOA Rapid Response
funding in the amount of $57,452.00 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 March 1, 2020, through
August 31, 2020, for the purpose of administering the COVID -19 Business Support
Initiative funds to be used to support dislocated workers and other client populations, as
more particularly set out in the City Council Agenda Report dated April 20, 2020.
2. The City Manager is directed to furnish such additional information as may
be required in connection with the acknowledgement and recognition of the foregoing
funding.
3. The City Clerk is directed to provide an attested copy of this Resolution to
the Western Virginia Workforce Development Board.
4. In order to provide for the continuity of operations of the municipal
government associated with the pandemic disaster, an emergency is deemed to exist,
and this resolution shall be in full force and effect upon its passage.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of April, 2020.
No. 41712- 042020.
A RESOLUTION authorizing acceptance of the FY2019 Continuum of Care
( "CoC ") Grant Award ( "Grant ") to the City of Roanoke from the U.S. Department of
Housing and Urban Development ( "HUD ") in the amount of $140,422.00, upon certain
terms and conditions; authorizing the City of Roanoke to be the fiscal agent for the
distribution of the grant proceeds; authorizing the City Manager to execute any
necessary documents necessary to accept such funding, and determining that an
emergency exists and this resolution shall be effective upon passage.
20
WHEREAS, Governor Ralph S. Northam issued Executive Order Number Fifty -
One, dated March 12, 2020, declaring that a state of emergency exists within the
Commonwealth of Virginia as a result of the COVID-19 pandemic disaster, and
supplemented this declaration by issuing Executive Order Number Fifty -Five on
March 30, 2020, that ordered all residents of the Commonwealth of Virginia to remain at
their place of residence through June 10, 2020, as a result of the COVID-19 pandemic
disaster;
WHEREAS, Virginia State Code Section 15.2 -1413 permits localities to adopt
methods for the continuity of government during a disaster, "notwithstanding any
contrary provision of law, general or special;"
WHEREAS, Virginia State Code Section 2.2- 3708.2(A)(3) permits members of a
governing body to meet through electronic communication means without a quorum of
the governing body being physically present at one location for the duration of an
emergency to address the emergency;
WHEREAS, City Council adopted Emergency Ordinance No. 41703 - 032720 on
March 27, 2020, authorizing certain actions as a result of the COVID -19 pandemic
disaster and modifying public meeting practices and procedures to address continuity of
government operations;
WHEREAS, HUD has awarded the City the Grant to be used by the City's
Homeless Assistance Team for the provision of various services to the City's homeless
population; and
WHEREAS, authorization is needed by City administration to accept the Grant in
order for the Homeless Assistance Team to continue to provide critical services to the
homeless population without a lapse in such services, and the emergency created by
the COVID-19 pandemic disaster makes waiting for a time when City Council is able to
convene physically in one location for a quorum impractical and unsafe.
that: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
1. The City of Roanoke hereby accepts the FY2019 Continuum of Care
( "CoC ") Grant from HUD in the amount of $140,422.00, with a required cash match by
the City of Roanoke in the amount of $55,827.00, for a total award of $196,249.00, to be
used by the City's Homeless Assistance Team to provide street outreach services to the
homeless population that includes, and is not limited to, case management services
including agency referrals, security deposits, food, transportation, and prescription
assistance, all as more particularly described in the City Council Agenda Report dated
April 20, 2019.
21
2. The City of Roanoke is authorized to be the primary fiscal agent for this
Grant, and shall be responsible for distributing the Grant proceeds as set forth in the
above referenced City Council Agenda Report.
3. The City Manager is hereby authorized to execute any and all requisite
documents, in a form approved by the City Attorney, and to furnish such additional
information as may be required in connection with the City's acceptance of this Grant.
4. City Council determines that an emergency exists as a result of the
COVID -19 pandemic disaster and this resolution shall be effective upon passage.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC Sh rman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of April, 2020.
No. 41713- 042020.
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 2019 - 2020 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 2019 - 2020 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
22
Appropriations
Regular Employee Salary
35- 630 - 5476 -1002
$ 104,869.00
Temporary Employee Wages
35- 630 - 5476 -1004
11,374.00
City Retirement
35- 630 - 5476 -1105
17,870.00
Health Savings
35- 630 - 5476 -1117
1,037.00
FICA
35- 630 - 5476 -1120
8,891.00
Dental Insurance
35- 630 - 5476 -1126
1,000.00
Life Insurance
35- 630 - 5476 -1130
1,375.00
Disability Insurance
35- 630 - 5476 -1131
140.00
Health Insurance Premium ER
35- 630 - 5476 -1180
18,790.00
Health Insurance HSA- ER
35- 630 - 5476 -1182
3,000.00
Health Insurance HRA- ER
35- 630 - 5476 -1183
1,403.00
Telephone
35- 630 - 5476 -2020
150.00
Telephone - Cellular
35- 630 - 5476 -2021
1,500.00
Administrative Supplies
35- 630 - 5476 -2030
1,250.00
Expendable Equipment ( <$5,000)
35- 630 - 5476 -2035
1,250.00
Motor Fuel Billed Through Fleet
35- 630 - 5476 -2039
1,000.00
Program Activities
35- 630 - 5476 -2066
20,200.00
Postage
35- 630 - 5476 -2160
50.00
Fleet Labor Billings
35- 630 - 5476 -7025
850.00
Fleet Parts /Sublet Billing
35- 630 - 5476 -7026
250.00
Revenues
Homeless Assistance Team FY20
35- 630 - 5476 -5476
140,422.00
Homeless Assistance Team FY20 -
Local
35- 630 - 5476 -5477
55,827.00
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
C. �-' ` e
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
23
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of April, 2020.
No. 41714- 042020.
A RESOLUTION authorizing acceptance of the FY2019 Continuum of Care
( "CoC ") Grant Award ( "Grant ") to the City of Roanoke from the U.S. Department of
Housing and Urban Development ( "HUD ") in the amount of $49,070.00, upon certain
terms and conditions; authorizing the City of Roanoke to be the fiscal agent for the
distribution of the grant proceeds; authorizing the City Manager to execute any
necessary documents necessary to accept such funding; and determining that an
emergency exists and this resolution shall be effective upon passage.
WHEREAS, Governor Ralph S. Northam issued Executive Order Number Fifty -
One, dated March 12, 2020, declaring that a state of emergency exists within the
Commonwealth of Virginia as a result of the COVID -19 pandemic disaster, and
supplemented this declaration by issuing Executive Order Number Fifty -Five on
March 30, 2020, that ordered all residents of the Commonwealth of Virginia to remain at
their place of residence through June 10, 2020, as a result of the COVID -19 pandemic
disaster;
WHEREAS, Virginia State Code Section 15.2 -1413 permits localities to adopt
methods for the continuity of government during a disaster, "notwithstanding any
contrary provision of law, general or special;"
WHEREAS, Virginia State Code Section 2.2- 3708.2(A)(3) permits members of a
governing body to meet through electronic communication means without a quorum of
the governing body being physically present at one location for the duration of an
emergency to address the emergency;
WHEREAS, City Council adopted Emergency Ordinance No. 41703 - 032720 on
March 27, 2020, authorizing certain actions as a result of the COVID -19 pandemic
disaster and modifying public meeting practices and procedures to address continuity of
government operations;
WHEREAS, HUD has awarded the City the Grant to be used by the CoC as part
of the City's Coordinated Assessment System to coordinate and collaborate all CoC
HUD funded projects, emergency shelters and domestic violence programs to provide
additional assistance to those in need; and
24
WHEREAS, authorization is needed by City administration to accept the Grant in
order that such collaboration and coordination of services to those in need can continue
without a lapse in such services, and the emergency created by the COVID-19
pandemic disaster makes waiting for a time when City Council is able to convene
physically in one location for a quorum impractical and unsafe.
that: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
1. The City of Roanoke hereby accepts the FY2019 Continuum of Care
( "CoC ") Grant from HUD in the amount of $49,070.00, with a required in kind match by
the City of Roanoke in the amount of $14,500.00 being provided in the form of oversight
by the Human Services Administrator, for a total award of $63,570.00, to be used by the
CoC for the Coordinated Assessment System, to enable the coordination and
collaboration of all CoC HUD funded projects, emergency shelters and domestic
violence programs, all as more particularly described in the City Council Agenda Report
dated April 20, 2019.
2. The City of Roanoke is authorized to be the primary fiscal agent for this
Grant, and shall be responsible for distributing the Grant proceeds as set forth in the
above referenced City Council Agenda Report.
3. The City Manager is hereby authorized to execute any and all requisite
documents, in a form approved by the City Attorney, and to furnish such additional
information as may be required in connection with the City's acceptance of this Grant.
4. City Council determines that an emergency exists as a result of the
COVID -19 pandemic disaster and this resolution shall be effective upon passage.
APPROVED
ATTEST:
(It6d,4 S
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
25
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of April, 2020.
No. 41715- 042020.
AN ORDINANCE to appropriate funding from the United States Department of
Housing and Urban Development for the Continuum of Care (CoC) Coordinated
Assessment System (CAS) Grant, amending and reordaining certain sections of the
2019 - 2020 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 2019 - 2020 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Grant Fund
Appropriations
Regular Salaries
35- 630 - 5435 -1002
30,400.00
City Retirement
35- 630 - 5435 -1105
5,180.00
401 H Health Savings
35- 630 - 5435 -1117
299.00
FICA
35- 630 - 5435 -1120
2,326.00
Dental Insurance
35- 630 - 5435 -1126
338.00
Life Insurance
35- 630 - 5435 -1130
399.00
Disability Insurance
35- 630 - 5435 -1131
87.00
Health Insurance Premium- ER
35- 630 - 5435 -1180
8,223.00
Administrative Supplies
35- 630 - 5435 -2030
1,818.00
Revenues
CoC CAS FY19 - Federal
35- 630 - 5435 -5435
49,070.00
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:
Cecelia F. McCoy, CMC
City Clerk
RM-161� -
Sherman P. Lea, Sr.
Mayor
26
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of April, 2020.
No. 41716- 042020.
A RESOLUTION authorizing acceptance of the FY2019 Continuum of Care
( "CoC ") Planning Grant ( "Grant') to the City of Roanoke from the U.S. Department of
Housing and Urban Development ( "HUD ") in the amount of $45,235.00, upon certain
terms and conditions; authorizing the City of Roanoke to be the fiscal agent for the
distribution of the grant proceeds; authorizing the City Manager to execute any
necessary documents necessary to accept such funding; and determining that an
emergency exists and this resolution shall be effective upon passage.
WHEREAS, Governor Ralph S. Northam issued Executive Order Number Fifty -
One, dated March 12, 2020, declaring that a state of emergency exists within the
Commonwealth of Virginia as a result of the COVID-19 pandemic disaster, and
supplemented this declaration by issuing Executive Order Number Fifty -Five on
March 30, 2020, that ordered all residents of the Commonwealth of Virginia to remain at
their place of residence through June 10, 2020, as a result of the COVID-19 pandemic
disaster;
WHEREAS, Virginia State Code Section 15.2 -1413 permits localities to adopt
methods for the continuity of government during a disaster, "notwithstanding any
contrary provision of law, general or special;"
WHEREAS, Virginia State Code Section 2.2- 3708.2(A)(3) permits members of a
governing body to meet through electronic communication means without a quorum of
the governing body being physically present at one location for the duration of an
emergency to address the emergency;
WHEREAS, City Council adopted Emergency Ordinance No. 41703 - 032720 on
March 27, 2020, authorizing certain actions as a result of the COVID -19 pandemic
disaster and modifying public meeting practices and procedures to address continuity of
government operations;
WHEREAS, HUD awarded the City the Grant to be used by the CoC for planning
activities as further stated herein; and
WHEREAS, authorization is needed by City administration to accept the Grant in
order for such planning services to continue without a lapse, and the emergency
created by the COVID-19 pandemic disaster makes waiting for a time when City Council
is able to convene physically in one location for a quorum impractical and unsafe.
27
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that:
1. The City of Roanoke hereby accepts the FY2019 Continuum of Care
Planning Grant ( "CoC ") from HUD in the amount of $45,235.00, with a required cash
match being provided by the Council of Community Services in the amount of
$15,500.00, for a total award of $60,735.00, to be used by the CoC for strategies and
supporting activities including the facilitation of working sessions, preparing strategic
planning documents and action plans; and completion of various annual reports,
including the annual Point -In -Time homelessness report, all as more particularly
described in the City Council Agenda Report dated April 20, 2019.
2. The City of Roanoke is authorized to be the primary fiscal agent for this
Grant, and shall be responsible for distributing the Grant proceeds as set forth in the
above referenced City Council Agenda Report.
3. The City Manager is hereby authorized to execute any and all requisite
documents, in a form approved by the City Attorney, and to furnish such additional
information as may be required in connection with the City's acceptance of this Grant.
4. City Council determines that an emergency exists as a result of the
COVID -19 pandemic disaster and this resolution shall be effective upon passage.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC herman . Lea, S .
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of April, 2020.
No. 41717- 042020.
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 2019 - 2020 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 2019 - 2020 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 - 5436 -2010 $ 42,735.00
Travel Expense 35- 630 - 5436 -2044 2,500.00
Grant Local Match 35- 630 - 5436 -3165 15,500.00
Revenues
CoC Planning FY20 - Federal 35- 630 - 5436 -5436 45,235.00
CoC Planning FY20 - CCS 35- 630 - 5436 -5437 15,500.00
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of April, 2020.
No. 41718- 042020.
A RESOLUTION adopting and approving Amendment No. 2 to the City of
Roanoke's 2015 - 2019 Consolidated Plan to provide for the use of such grant funding;
authorizing the acceptance of Emergency Solutions Grant funds from the U.S.
Department of Housing and Urban Development (HUD) in the amount of $298,507.00 to
be used by the City to combat the community effects of COVID -19; authorizing the City
Manager or the City Manager's designee to submit Amendment No. 2 to HUD for final
review and approval; authorizing the City Manager to execute all necessary documents
required to accept such funding; and determining that an emergency exists and this
resolution shall be effective upon passage.
29
WHEREAS, Governor Ralph S. Northam issued Executive Order Number Fifty -
One, dated March 12, 2020, declaring that a state of emergency exists within the
Commonwealth of Virginia as a result of the COVID-19 pandemic disaster, as
supplemented by Executive Order Number Fifty -Five on March 30, 2020, that ordered
all residents of the Commonwealth of Virginia to remain at their place of residence
through June 10, 2020, as a result of the COVID -19 pandemic disaster;
WHEREAS, Virginia State Code Section 15.2 -1413 permits localities to adopt
methods for the continuity of government during a disaster, "notwithstanding any
contrary provision of law, general or special;"
WHEREAS, Virginia State Code Section 2.2- 3708.2(A)(3) permits members of a
governing body to meet through electronic communication means without a quorum of
the governing body being physically present at one location for the duration of an
emergency to address the emergency;
WHEREAS, City Council adopted Emergency Ordinance No. 41703 - 032720 on
March 27, 2020, authorizing certain actions as a result of the COVID-19 pandemic
disaster and modifying public meeting practices and procedures to address continuity of
government operations;
WHEREAS, the City received notification of a special appropriation of
Emergency Solutions Grant funds from HUD in the amount of $298,507.00 to combat
the community effects of COVID -19, which the City desires included in its annual update
to its 2015 - 2019 Consolidated Plan (Plan) through the Adoption of Amendment No. 2
(Amendment No. 2) to the Plan;
WHEREAS, applicable law requires approval from the locality's governing body
and HUD of any change that adds more than $200,000.00 to a project;
WHEREAS, HUD enacted changes to the public comment period and public
hearing requirements normally required under applicable HUD regulations before any
amendment to a locality's Consolidated Plan, to shorten the public comment period from
thirty (30) days to five (5) days before the locality's governing body may approve and
adopt any amendments to the Consolidated Plan, due to the COVID -19 emergency;
WHEREAS, notice of Amendment No. 2 to the Plan was advertised on the City's
website, as permitted by HUD, for the five day public comment period commencing
April 13, 2020, through April 18, 2020; and
30
WHEREAS, action is needed by Roanoke City Council to approve and adopt
Amendment No. 2 before Amendment No. 2 may be submitted to HUD for review and
approval, and the emergency created by the COVID -19 pandemic disaster makes
waiting for a time when City Council is able to convene physically in one location for a
quorum impractical and unsafe.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. Amendment No. 2 to the City's 2015 - 2019 Consolidated Plan, as stated
in the City Manager's City Council Agenda Report dated April 20, 2020, is ADOPTED
AND APPROVED.
2. The City of Roanoke hereby ACCEPTS the Emergency Solutions Grant
from HUD in the amount of $298,507.00 in connection with Amendment No. 2 to the
2015 - 2019 Consolidated Plan, to be used by the City to combat the community effects
of COVID-19, as further stated in the City Council Agenda Report dated April 20, 2020.
3. The City Manager, or his designee, is authorized to submit Amendment
No. 2 to HUD for review and approval, and to execute any additional documents
required to accept such funding, all documents to be approved as to form by the City
Attorney.
4. City Council determines that an emergency exists as a result of the
COVID-19 pandemic disaster and this resolution shall be effective upon passage.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
31
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of April, 2020.
No. 41719- 042020.
AN ORDINANCE to appropriate funding from the Department of Housing and
Urban Development (HUD) for the Emergency Solutions Grant (ESG) Coronavirus Aid,
Relief, and Economic Security Act (CARES Act), amending and reordaining certain
sections of the 2019 - 2020 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 2019 - 2020 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
ESG-ARCH 35 -E20- 5234 -5650 $ 298,507.00
Revenues
ESG CARES COVID -19 FY20 35 -E20- 5234 -5234 298,507.00
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"Of
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
31
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 201h day of April, 2020.
No. 41719- 042020.
AN ORDINANCE to appropriate funding from the Department of Housing and
Urban Development (HUD) for the Emergency Solutions Grant (ESG) Coronavirus Aid,
Relief, and Economic Security Act (CARES Act), amending and reordaining certain
sections of the 2019 - 2020 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 2019 - 2020 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
ESG-ARCH 35 -E20- 5234 -5650 $ 298,507.00
Revenues
ESG CARES COVID -19 FY20 35 -E20- 5234 -5234 298,507.00
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
c�� - �1t
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
32
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of May, 2020.
No. 41720- 050420.
A RESOLUTION approving the Roanoke Regional Airport Commission's 2020 -
2021 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 2020 - 2021 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 April 21,
2020.
APPROVED
ATTEST:
C� 7•
Cecelia F. McCoy, CMC Sherman P. Lea, Sr. v,
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of May, 2020.
No. 41721- 050420.
A RESOLUTION accepting the FY 19 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:
33
1. The City of Roanoke does hereby accept the FY 19 State Homeland
Security Program Grant offered by the Virginia Department of Emergency Management
in the amount of $82,000.00, with no matching funds from the City, to be used to
purchase equipment and supplies for the Roanoke Fire -EMS Regional Heavy Technical
Rescue Tram (HTR). The grant is more particularly described in the City Council
Agenda Report dated May 4, 2020.
2. The City Manager is hereby authorized to execute 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:
Ca,L,�, mebt
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of May, 2020.
No. 41722 - 050420.
AN ORDINANCE appropriating funding from the U.S. Department of Homeland
Security through the Commonwealth of Virginia Department of Emergency Management
(VDEM) for Heavy Technical Rescue (HTR) Team for equipment and training and
development, amending and reordaining certain sections of the 2019 - 2020 Grant Fund
Appropriations, and dispensing with the second reading by title of this ordinance.
34
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2019 - 2020 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Training and Development
Wearing Apparel
Other Equipment
Revenues
VDEM SHS HTR Team FY20
35- 520 - 3779 -2044
35- 520 - 3779 -2064
35- 520 - 3779 -9015
35- 520 - 3779 -3779
$ 20,300.00
29,930.00
31,770.00
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:
44Z�Tjc'- � .
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of May, 2020.
No. 41723- 050420.
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 2019 - 2020 Grant Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
35
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2019 - 2020 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
DoJ Training and Development 35- 640 - 3304 -2044 $ 28,473.00
DoT Training and Development 35- 640 - 3307 -2044 385.00
Revenues
DoJ Federal Asset Forfeiture Subsidy 35- 640 - 3304 -3305 25,017.00
DoJ Federal Asset Forfeiture — Interest 35- 640 - 3304 -3306 3456.00
DoT Federal Asset Forfeiture — Interest 35- 640 - 3307 -3308 385.00
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:
ett..o
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of May, 2020.
No. 41724- 050420.
AN ORDINANCE to appropriate funding from the State Asset Sharing Program
for enhancing law enforcement operations, amending and reordaining certain sections
of the 2019 - 2020 Grant Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
M
36
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2019 - 2020 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Expendable Equipment ( <$5000)
Revenues
State Asset Forfeiture — Interest
State Asset Forfeiture
35- 640 - 3302 -2035 $ 164,641.00
35- 640 - 3302 -3299 4,870.00
35- 640 - 3302 -3300 159,771.00
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:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of May, 2020.
No. 41725- 050420.
AN ORDINANCE ratifying and approving the suspension of fares for transit
services provided by Greater Roanoke Transit Company (GRTC) d /b /a Valley Metro;
authorizing the City Manager to take certain actions; and dispensing with the second
reading of this ordinance by title.
WHEREAS, on March 12, 2020, Governor Ralph S. Northam declared a state of
emergency throughout the Commonwealth of Virginia as a result of the disaster created
by the COVID -19 pandemic;
WHEREAS, on March 13, 2020, President Donald J. Trump declared a national
state of emergency as a result of the COVID -19 pandemic;
37
WHEREAS, on March 16, 2020, Robert S. Cowell, Jr., City Manager, as the
Director of Emergency Management, declared a state of emergency within the City, and
City Council confirmed this declaration with the adoption of Resolution No. 41699-
031620;
WHEREAS, federal, state, and local health officials urge implementation of
measures to eliminate gatherings and establish social distancing to address the
COVID -19 pandemic;
WHEREAS, pursuant to City Code Section 34 -22, City Council shall, from time to
time, establish fares to be charged by GRTC;
WHEREAS, by Ordinance No. 41705 - 032720 adopted March 27, 2020, City
Council approved the suspension of all fares for all transit services provided by GRTC
from March 27, 2020 through and including April 24, 2020; and
WHEREAS City Council authorizes the suspension of all fares for all transit
services provided by GRTC through and including May 15, 2020.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. City Council ratifies and approves the extension of the suspension of all
fares for transit services provided by GRTC through and including May 15, 2020.
2. The City Manager is authorized to take any actions necessary to
implement, accomplish, and effectuate the suspension of all fares for transit services
provided by GRTC through and including May 15, 2020.
3. Pursuant to City Charter Section 12, the second reading of this ordinance
by title is hereby dispensed with.
4. This ordinance shall be effective upon passage.
APPROVED
ATTEST:
� ,, J.
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
37
WHEREAS, on March 16, 2020, Robert S. Cowell, Jr., City Manager, as the
Director of Emergency Management, declared a state of emergency within the City, and
City Council confirmed this declaration with the adoption of Resolution No. 41699-
031620;
WHEREAS, federal, state, and local health officials urge implementation of
measures to eliminate gatherings and establish social distancing to address the
COVID -19 pandemic;
WHEREAS, pursuant to City Code Section 34 -22, City Council shall, from time to
time, establish fares to be charged by GRTC;
WHEREAS, by Ordinance No. 41705 - 032720 adopted March 27, 2020, City
Council approved the suspension of all fares for all transit services provided by GRTC
from March 27, 2020 through and including April 24, 2020; and
WHEREAS City Council authorizes the suspension of all fares for all transit
services provided by GRTC through and including May 15, 2020.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. City Council ratifies and approves the extension of the suspension of all
fares for transit services provided by GRTC through and including May 15, 2020.
2. The City Manager is authorized to take any actions necessary to
implement, accomplish, and effectuate the suspension of all fares for transit services
provided by GRTC through and including May 15, 2020.
3. Pursuant to City Charter Section 12, the second reading of this ordinance
by title is hereby dispensed with.
4. This ordinance shall be effective upon passage.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
�ju±e
L0,16
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4t' day of May, 2020.
No. 41726-051820.
A RESOLUTION approving the annual budget of the Roanoke Valley Resource
Authority for Fiscal Year 2020 - 2021, 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 2020-2021, in the amount of
$12,597,597.00 is hereby approved, all as more particularly set forth in a letter, and
attachments thereto, to the City Manager dated May 4, 2020, 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:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of May, 2020.
No. 41727-051820.
A RESOLUTION authorizing the acceptance of a Summer Food Program Grant
from the Virginia Department of Education, 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:
39
1. The City Manager is hereby authorized on behalf of the City to accept
from the Virginia Department of Education 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 18, 2020, 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 Education 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:
04U6.0,- ywe- &4/-- 45CW4",7�R Se.- S-,
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of May, 2020.
No. 41728- 051820.
AN ORDINANCE to appropriate funding from the Federal Government, through
the Virginia Department of Education, for the Summer Food Program, amending and
reordaining certain sections of the 2019 - 2020 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 2019 - 2020 Grant Fund Appropriations be, and the same are hereby, amended and
reordained to read and provide as follows:
Appropriations
Youth Activities
Revenues
Summer Food Program FY20
35- 620 - 5202 -2157 $ 100,000.00
35- 620 - 5202 -5202 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:
J.
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of May, 2020.
No. 41729- 051820.
A RESOLUTION accepting the 2020 Urban Heat Island Mapping Services to the
City from the National Oceanic Atmospheric Administration's (NOAH) Climate Program
Office; and authorizing execution of a memorandum of understanding with CAPA
Strategies, LLC and any required documentation with a local non - profit agency that will
provide volunteers for the project 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 offer of participation in the
2020 Urban Heat Island Mapping Project from the National Oceanic Atmospheric
Administration's (NOAH) Climate Program Office valued at $10,000.00, with matching
funds from the City of $2,500.00, all as more particularly described in the City Council
Agenda Report dated May 18, 2020.
2. The City Manager is hereby authorized to execute a Memorandum of
Understanding with CAPA Strategies, LLC, and with a local non - profit agency that will
provide volunteers for the project, all such documents to be approved as to form by the
City Attorney.
41
3. The City Manager is further directed to furnish such additional information
as may be required in connection with the City's participation in the 2020 Urban Heat
Island Mapping Project.
APPROVED
ATTEST:
Ca. -4-- `� - C � ,
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of May, 2020.
No. 41730- 051820.
A RESOLUTION amending all citizen comment periods set forth in the Citizen
Participation Plan adopted February 3, 2014 (CPP) regarding the United States
Department of Housing and Urban Development (HUD) Community Development Block
Grant (CDBG) program due to the COVID -19 pandemic emergency; allowing for
notification of all such citizen comment periods through posting on the City website; and
authorizing the City Manager to submit this amendment to HUD.
WHEREAS, HUD requires all grant recipients under the CDBG program to
establish policies and procedures for citizen participation in the development of the
locality's programs with respect to CDBG grants;
WHEREAS, City Council approved the CPP pursuant to Resolution No. 39855-
020314, adopted February 3, 2014;
WHEREAS, the CPP includes citizen comment periods with respect to proposals
to be submitted by the City and amendments thereto that exceed five (5) days and may
be as long as thirty (30) days and notification of citizen comment periods by publication
of a notice in a newspaper of general circulation within the City;
WHEREAS, HUD has been authorized to grant waivers and amendments to
localities to citizen comment periods and allow citizen comment periods of five (5) days
and limit notification of citizen comment periods through electronic means only due to
the emergency created by the COVID-19 pandemic disaster;
42
WHEREAS, City administration recommends adoption of the resolution to allow v
the City the flexibility to initiate actions to apply for, receive, and use grants to address
the needs of the community in an effective and efficient manner during the emergency
created by the COVID -19 pandemic disaster; and
WHEREAS, City administration has provided a five (5) day comment period from
Saturday, May 9, 2020 through Friday May 15, 2020 to comment on the adoption of this
resolution.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. Notwithstanding any provision of the CPP to the contrary, all citizen
comment periods set forth in the CPP are hereby amended and established to be
five (5) days during the period of the COVID -19 pandemic disaster.
2. Notwithstanding any provision of the CPP to the contrary, notification of all
citizen comment periods shall be made through posting of the notice on the City website
and other means of electronic publication as determined by the City during the period of
the COVID-19 pandemic disaster.
3. The amendments to the CPP established by this resolution shall expire
upon notification from HUD that waiver of citizen comment procedures and modification
of notice procedures are no longer in effect.
4. The City Manager shall submit a certified copy of this resolution to HUD.
5. This resolution shall be effective upon passage.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
43
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 181h day of May, 2020.
No. 41731- 051820.
AN ORDINANCE providing for the acquisition of real property rights needed by
the City in connection with the Huntington Boulevard Site 5 Drainage and Pedestrian
Improvements Project (Project); authorizing City staff to acquire such property rights
needed by the City for the Project by negotiation; 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 easement
acquisitions, and such other real property interests including, and not limited to, fee
simple interests, as needed for the Project, as set forth in the City Council Agenda
Report dated May 18, 2020, located in the general vicinity of the 400 and 500 blocks of
Huntington Boulevard N. E., and 3500 block of Oliver Road, N. E. The property interests
to be acquired will be used to construct a proposed storm drain system on Oliver Road
and Huntington Boulevard, N. E., to correct drainage problems in this neighborhood, as
set forth in the above mentioned City Council Agenda Report. 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 interests 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 property interests, and such other real property
interests needed for the Project, for such consideration as deemed appropriate for the
necessary property 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 owner of the real property interest conveyed, certified by the City
Attorney to be entitled to the same.
MIA
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:
Cecelia F. McCoy, CMC
Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of May, 2020.
No. 41732- 051820.
AN ORDINANCE to appropriate funding from federal and Commonwealth grants
for various educational programs, amending and reordaining certain sections of the
2019 - 2020 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 2019 - 2020 School Grant Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Equipment 302 - 253 - 0000 - 0000 — 375N - 68300 - 48821 - 9 - 00 5,206.25
Revenues
Local Match 302 - 000 - 0000 - 0000 - 375N - 00000 - 32400 - 0 - 00 1,041.25
State Grant 302 - 000 - 0000 - 0000 - 375N - 00000 - 72000 - 0 - 00 4,152.00
Receipts
45
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of May, 2020.
No. 41733- 051820.
AN ORDINANCE ratifying and approving the suspension of fares for transit
services provided by Greater Roanoke Transit Company (GRTC) d /b /a Valley Metro;
authorizing further extension of this suspension to a date not later than June 30, 2020;
authorizing the reinstatement of fares upon the expiration of the suspension; authorizing
the City Manager to take certain actions; and dispensing with the second reading of this
ordinance by title.
WHEREAS, on March 12, 2020, Governor Ralph S. Northam declared a state of
emergency throughout the Commonwealth of Virginia as a result of the disaster created
by the COVID -19 pandemic;
WHEREAS, on March 13, 2020, President Donald J. Trump declared a national
state of emergency as a result of the COVID -19 pandemic;
WHEREAS, on March 16, 2020, Robert S. Cowell, Jr., City Manager, as the
Director of Emergency Management, declared a state of emergency within the City, and
City Council confirmed this declaration with the adoption of Resolution No. 41699-
031620;
WHEREAS, federal, state, and local health officials urge implementation of
measures to eliminate gatherings and establish social distancing to address the COVID-
19 pandemic;
WHEREAS, pursuant to City Code § 34 -22, City Council shall, from time to time,
establish fares to be charged by GRTC;
WHEREAS, by Ordinance No. 41705 - 032720 adopted March 27, 2020, City
Council approved the suspension of all fares for all transit services provided by GRTC
from March 27, 2020 through and including April 24, 2020;
WHEREAS, by Ordinance No. 41725 - 050420 adopted May 4, 2020, City
Council further approved the suspension of all fares for all transit services provided by
GRTC from May 4, 2020 through May 15, 2020;
WHEREAS, on May 8, 2020, Governor Northam issued Executive Order Number
Sixty -One to ease restrictions on certain businesses, continue restrictions on certain
recreational and entertainment businesses, public and private in- person gatherings,
public beaches, and schools, and provide guidance and best practices for citizens of
Virginia as the Commonwealth moves carefully and safely live and work in the midst of
the COVID -19 pandemic disaster;
WHEREAS, management of GRTC has determined to continue the suspension
of all fares for all transit services through May 31, 2020, subject to change or further
extensions; and
WHEREAS, City Council finds that suspension of transit fares is an important tool
in implementing safety precautions such as social distancing for the protection of all
passengers.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. City Council ratifies and approves the extension of the suspension of all
fares for transit services provided by GRTC from May 16, 2020 through and including
May 31 „ 2020.
2. City Council authorizes the reinstatement of fares for all transit services by
GRTC prior to May 31, 2020, as determined by GRTC management. The General
Manager shall provide written notification of such decision to the City Manager at least
one (1) day prior to the date on which the reinstatement of fares for all transit services is
to take effect.
3. City Council further authorizes further extensions of the suspension of
fares for transit services for a period not later than June 30, 2020, as determined by
GRTC management. Written notification of the decision to extend the suspension of
fares for all transit services shall be provided by the General Manager of GRTC to the
City Manager at least one (1) day prior to the date of such extension.
47
4. Absent further action by City Council, fares for all transit services provided
by GRTC shall be reinstated upon expiration of the period of suspension as provided in
the ordinance.
5. The City Manager is authorized to take any actions necessary to
implement, accomplish, and effectuate the suspension of all fares for transit services
provided by GRTC from May 16, 2020 through May 31, 2020, subject to termination of
such suspension prior to May 31, 2020, or extension of this suspension to a date not
later than June 30, 2020, as set forth in this ordinance.
6 Pursuant to City Charter § 12, the second reading of this ordinance by title
is hereby dispensed with.
7. This ordinance shall be effective upon passage.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1St day of June, 2020.
No. 41734- 060120.
A RESOLUTION accepting the FY 2019 State Homeland Security Program Grant
to the City from the Virginia Department of Emergency Management (VDEM), and
authorizing execution of any required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
•
1. The City of Roanoke does hereby accept the FY 2019 State Homeland
Security Program Grant offered by the Virginia Department of Emergency Management
(VDEM) in the amount of $76,000.00, to be used for Regional Swift Water /Flood
Rescue Team for necessary equipment and supplies. There is no matching fund
requirement for this grant. The grant is more particularly described in the City Council
Agenda Report dated June 1, 2020.
2. The City Manager is hereby authorized to execute and file, on behalf of
the City, any necessary documents setting forth the conditions of the grant in a form
approved by the City Attorney.
3. The City Manager is further directed to furnish such additional information
as may be required in connection with the City's acceptance of this grant.
APPROVED
ATTEST:
0 -C � , : cm&j,
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 st day of June, 2020.
No. 41735- 060120.
AN ORDINANCE appropriating funding from the U.S. Department of Homeland
Security through the Commonwealth of Virginia Department of Emergency Management
(VDEM) for equipment and supplies for the Regional Swift Water /Flood Rescue Team,
amending and reordaining certain sections of the 2019 - 2020 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 2019 - 2020 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations 7,500.00
' Expendable Equipment 35- 520 - 3780 -2035 $
T 35- 520 - 3780 -2044 9,000.00
Training and Development
Wearing Apparel 35- 520 - 3780 -2064 34,500.00
Other Equipment 35- 520 - 3780 -9015 25,000.00
Revenues
VDEM SHS Swift Water Rescue FY19 35- 520 - 3780 -3780 76,000.00
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:
c4"144- 4Sh . J-- cty�
Cecelia F. McCoy, CMC P. Lea, r.
M
City Clerk Mayoor r
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of June, 2020.
No. 41736- 060120.
A RESOLUTION accepting the 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 Local Emergency
Management Performance Grant (LEMPG) from the Virginia Department of Emergency
Management (VDEM) in the amount of $53,386.00, with a required local match from the
City of Roanoke in the amount of $53,386.00, for a total award of $106,772.00, to be
used to support the emergency management activity, which will include the Emergency
Manager's salary, planning and vehicle. The grant is more particularly described in the
City Council Agenda Report dated June 1, 2020.
50
2. The City Manager is hereby authorized to execute and file, on behalf of
the City, any necessary documents setting forth the conditions of the grant in a form
approved by the City Attorney.
3. The City Manager is further directed to furnish such additional information
as may be required in connection with the City's acceptance of this grant.
APPROVED
ATTEST:
ozu&�- J. Lo",q, �Zzv�� �w� 9 %
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 St day of June, 2020.
No. 41737- 060120.
A RESOLUTION approving the refinancing 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 refunding general obligation support of a
refinancing by the Western Virginia Regional Industrial Facility Authority; authorizing the
City Manager and the City Clerk to execute and attest, respectively, the Documents;
authorizing the City Manager to take such actions and execute such documents as
necessary to implement, administer, and enforce such Documents.
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 "),-
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 the Act further authorizes the Authority
to issue bonds to refund any of its bonds then outstanding;
51
WHEREAS, in order to further the purposes of the Act, on or about October 14,
2016 the Authority issued its $10,000,000.00 Revenue Bond, Series 2016 (the "2016
Bond ") to finance the acquisition of interests in land and related improvements and
facilities, including necessary expenses incidental thereto (collectively, the "Project ");
WHEREAS, the City of Roanoke, Virginia (the "City of Roanoke "), the County of
Roanoke, Virginia ( "Roanoke County ") and the City of Salem, Virginia (the "City of
Salem and, together with the City of Roanoke and Roanoke County, collectively the
Participants and each individually, including the City of Roanoke, a "Participant ") each
agreed in 2016 to provide financial support for the Project;
WHEREAS, the 2016 Bond is a limited obligation of the Authority payable from
the revenues and receipts of the Authority to be received under support agreements
with the City of Roanoke (being a general obligation of the City of Roanoke), with the
City of Salem (being a general obligation of the City of Salem) and with Roanoke
County (being a subject to annual appropriation commitment of Roanoke County
secured by a lease of the Roanoke County Government Center);
WHEREAS, the Authority desires to refund and refinance the 2016 Bond in order
to achieve debt service savings and reduce payments made by the Participants in
support of the Project, and the Authority has determined to issue pursuant to the terms
of a Bond Purchase and Loan Agreement, dated as of June 15, 2020 (the "Bond
Purchase Agreement) between the Authority and Atlantic Union Bank (the "Bank "), its
Revenue Refunding Bond, Series 2020 in the maximum principal amount of
$10,450,000.00 (the "Refunding Bond ") and to use the proceeds thereof to prepay and
redeem the 2016 Bond in full and to refinance Project costs and to pay certain costs of
issuance of the Refunding Bond;
WHEREAS, such Refunding Bond will be secured by a pledge of the revenues
and receipts received by the Authority from payments made by the City of Roanoke
pursuant to the Refunding Support Agreement (as defined below) and payments made
by the other Participants pursuant to separate refunding support agreements between
the Authority and the other Participants as further described herein, such payments
from the City of Roanoke to constitute a percentage of amounts due under the terms of
the Refunding Bond and the Bond Purchase Agreement (the "City of Roanoke Portion
of Support");
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 Agreement from Roanoke County and the City of Salem, and the
obligation of the Authority to pay principal and interest on the Refunding Bond will be
limited to payments received from the Participants in accordance with the terms of the
Bond Purchase Agreement;
52
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 Refunding Bond pursuant to an Assignment Agreement
between the Authority and the Bank, dated as of June 15, 2020 (the "Assignment
Agreement ");
WHEREAS, the City of Roanoke'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 of Roanoke, and as the
such, the City's Support Payment will be a "general obligation refunding bond" within
meaning of the Public Finance Act of 1991 (the "Public Finance Act "), Section n the
2600 et. seq. of the Code of Virginia of 1950, as amended (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 Refunding Support Agreement between the Authority and the City of
Roanoke, dated as of June 15, 2020 (the "Refunding Support Agreement ")
setting forth the City's Support Payment;
b. the Bond Purchase 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 of Roanoke;
d. a Specimen Refunding Bond.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Roanoke, Virginia:
53
1. The following plan for financing is approved. The Authority shall use the
proceeds from the issuance of the Refunding Bond to refinance the Project. The City of
Roanoke shall agree in the Refunding 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 Refunding Bond will be
limited to payments received from the Participants in accordance with the terms of the
Bond Purchase Agreement. The City's Support Payment shall constitute a general
obligation debt of the City of Roanoke. The issuance of the City's Support Payment is
hereby authorized on the terms and conditions as substantially set forth in the
Refunding 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 of Roanoke to which the full faith and credit of the City of Roanoke
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 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
BondSupport
shalPnot1exceed designated
$5 OOO,OOO.00pp of
The City Council principal
amount of the Refunding is
authorized to and shall levy and collect annually, at the same time and in the same
manner as other taxes of the City of Roanoke are assessed, levied and collected, a tax
upon all taxable property within the City of Roanoke, 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 of Roanoke 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 of Roanoke or the City Manager,
whose execution thereof shall be conclusive evidence of such approval,
acknowledgement and consent. The final terms and interest rate of the Refunding Bond
in a maximum principal amount of $10,450,000.00 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 of Roanoke, will increase commerce and will promote the safety, health,
welfare, convenience and prosperity of the City of Roanoke and its citizens.
54
5. The Mayor or Vice Mayor of the City of Roanoke, or either of them, and
the City Manager and City Clerk are each hereby authorized and directed to execute the
Refunding 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 Refunding 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 Refunding Support Agreement. The officers, employees and
representatives of the City of Roanoke 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 Refunding Bond in accordance with the Documents and to
otherwise carry out the intent of this Resolution.
6. All other acts of the officers, employees, agents and representatives of the
City of Roanoke that are in conformity with the purposes and intent of this resolution
and in furtherance of the issuance and sale of the Refunding Bond, the execution and
delivery of the Refunding 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:
Cecelia F. McCoy, y° Sherman P. Lea, Sr.
City Clerk Mayor
55
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 St day of June, 2020.
No. 41738- 060120.
A RESOLUTION confirming the City Manager's declaration of a local emergency;
conferring emergency powers in the City Manager as Director of Emergency
Management; authorizing the City Manager to make application for Federal and State
public assistance to deal with such emergency; designating a fiscal agent and an agent
for submission of financial information for the City; and calling upon the Federal and
State governments for assistance.
WHEREAS, the Council of the City of Roanoke finds that the City has sustained
a disaster due to local flooding which began Monday, May 18, 2020, and will result in
substantial property damage and significant costs to the City in dealing with the effects
of this disaster;
WHEREAS, pursuant to the provisions of §44- 146.21, Code of Virginia, on
May 21, 2020, the City Manager as Director of Emergency Management, declared a
local emergency commencing on May 21, 2020, which Council must confirm at its next
regularly scheduled meeting, or at a special meeting within fourteen days of such
declaration;
WHEREAS, a condition of extreme peril to life and property existed which
necessitated the declaration of the existence of a local emergency; and
WHEREAS, the conditions that warranted the declaration of local emergency
ended as of 5:00 p.m. on Friday, May 22, 2020.
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
commencing May 21, 2020.
2. The Council hereby ratifies and confirms that, during the period of the
emergency confirmed by this resolution, the City Manager, as Director of Emergency
Management, possessed and held those powers, functions and duties prescribed by the
Code of Virginia (1950), as amended, the City of Roanoke Charter of 1952, 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.
56
3. The City Manager is hereby authorized for and on behalf of the City to
execute applications for Federal and State public assistance as is necessary and proper
to meet this emergency and to provide to Federal and State agencies for all matters
relating to Federal and State disaster assistance the assurances and agreements
required by the Federal Emergency Management Agency and other agencies of the
State and Federal government.
4. Amelia Merchant, the City's Director of Finance, is hereby designated as
the City's fiscal agent to receive, deposit and account for Federal and State funds made
available to the City to meet the emergency declared by this resolution, and is hereby
designated as the City agent for executing and submitting appropriate documentation
and information regarding Federal and State reimbursement for this emergency.
5. The Council calls upon the Federal and State governments to take steps
to afford to the City of Roanoke and to the persons and business concerns and other
organizations and agencies suffering injury and damage from this disaster such 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 Friday, May 22, 2020, at 5:00 p.m.
7. The City Clerk is directed to forward an attested copy of this resolution to
the State Coordinator of Emergency Management.
APPROVED
ATTEST:
&4-46� W�da-r
Cecelia F. McCoy, CMC
City Clerk
. ;t, �'
Sherman P. Lea, Sr.
Mayor
57
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1St day of June, 2020.
No. 41739 - 060120.
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 2019 - 2020
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 2019 - 2020 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Other Equipment
35- 640 - 3415 -9015
Revenues
Electronic Summons System Court Fees 35- 640 - 3415 -3415
Electronic Summons System Interest 35- 640 - 3415 -3416
$ 72,798.00
• 11 II
• • : II
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 sc day of June, 2020.
No. 41740- 060120.
A RESOLUTION ratifying and agreeing that the City of Salem, Virginia join the
Roanoke Regional Airport Commission (the "Commission "), authorizing the Mayor to
execute an Amended and Restated Contract among the City, Roanoke County, the City
of Salem, Virginia, and the Commission hereinafter described; and authorizing such
other actions to implement, effectuate, and administer the Amended and Restated
Contract.
WHEREAS, the 1986 Session of the General Assembly enacted the Roanoke
Regional Airport Commission Act, Chapter 140 of the 1986 Acts of Assembly;
WHEREAS, such act has been amended two times, once by Chapter 385 of the
1996 Acts of Assembly and most recently by Chapter 279 of the 2005 Acts of Assembly
(and, as amended, hereinafter referred to as the "Act ");
WHEREAS, the City of Roanoke and Roanoke County entered into a contract
with the Commission dated January 28, 1987, (the "Original Contract"
) pursuant to
which the parties provided that
participating political subdivisions would make payments
to the Commission and the participating political subdivisions agreed and that the both
the City of Roanoke and Roanoke County on entering into such service contract with
the Commission were empowered under Section 26 of the Act to do everything
necessary or proper to carry out and perform such contracts;
WHEREAS, City of Roanoke, Roanoke County and the Commission have
operated under the Original Contract to provide the airport, on a continuous basis
through the present date;
WHEREAS, no participating political subdivision has paid or been requested to
make any payment to the Commission since 1996;
WHEREAS, pursuant to the Act the governing bodies of the City of Roanoke and
Roanoke County by resolutions declared that there was a need for an airport
commission to be created for the purpose of establishing or operating an airport, or
landing field, for such participating political subdivisions and by the Original Contract
they united in its formation, and as a result an Airport Commission known as the
Roanoke Regional Airport Commission thereupon came into existence for the City of
Roanoke and Roanoke County, and such Commission has continually exercised its
powers and functions as prescribed in the Act;
59
WHEREAS, this Council has been informed by the City of Salem, Virginia, that it
is now desirous of joining the Commission as a participating political subdivision,
agreeing to its financial responsibility and appointing one Commissioner;
WHEREAS, pursuant to Sections 4 and 5 of the Act, the City of Roanoke and
Roanoke County have agreed upon the form of an amended and restated contract (the
"Amended and Restated Contract "), a copy of which is attached to the City Attorney
Letter dated June 1, 2020, among themselves, the Commission, and the City of Salem,
Virginia, for the purpose of admitting the City of Salem as a participating political
subdivision of the Commission and setting forth the financial responsibility to be made
by each participating political subdivision to the Commission and other terms and
conditions of their participation; and
WHEREAS, on March 2, 2020, City Council adopted Resolution No. 41683-
030220 agreeing that the City of Salem, Virginia join the Commission, and authorizing
the Mayor to execute an Amended and Restated Contract dated as of January 1, 2020
( "Original Amended Contract ") and since March 2, 2020, technical revisions have been
made to the Original Amended Contract to update the effective date to July 1, 2020, and
update the signature page.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. The City of Roanoke, Virginia, does hereby ratify and agree to the City of
Salem, Virginia, becoming a participating political subdivision of the Commission and
further does approve of that Amended and Restated Contract among the City of
Roanoke, Roanoke County, the City of Salem, Virginia, and the Roanoke Regional
Airport Commission dated as of July 1, 2020, the form of which and the purpose of
which are to admit the City of Salem, Virginia, as a participating political subdivision of
the Roanoke Regional Airport Commission and to set forth the financial responsibilities
to be made by each participating political subdivision to the Commission and other
terms and conditions. The form of the Amended and Restated Contract dated as of
July 1, 2020, is substantially similar to the contract attached to the City Attorney Letter
dated June 1, 2020, and shall be subject to approval as to form by the City Attorney.
2. The Act declaring its intention that the governing body of the City of
Roanoke shall always appoint a majority of the Commissioners and with the City of
Salem, Virginia, joining the Commission and the appointment of one Commissioner, the
total Commissioners will be seven (7) and in order to maintain its majority, the City of
Roanoke, Virginia, is granted under the Act and the Amended and Restated Contract
the right to appoint four (4) Commissioners.
3. The Mayor is hereby authorized and directed to sign the Amended and
Restated Contract in substantially the form of the Amended and Restated Contract
dated as of July 1, 2020, attached to the City Attorney Letter dated June 1, 2020, with
such revisions as he in his discretion deem in the best interests of the City, subject to
approval as to form by the City Attorney. The City Clerk is hereby authorized to attest to
the execution of the Amended and Restated Contract dated as of July 1, 2020, by the
Mayor.
4. The proper officials of the City, including the Mayor and the City Manager,
are severally authorized to execute such other documents and take such other actions
to implement, effectuate, and administer the Amended and Restated Contract dated as
of July 1, 2020.
5. The Roanoke City Clerk is directed to forward an attested copy of this
resolution to the Clerk to the Roanoke County Board of Supervisors, the Clerk of the
City Council of the City of Salem, Virginia, and to the Roanoke Regional Airport
Commission for filing among the permanent records of such participating political
subdivisions.
APPROVED
ATTEST:
C/We- dot
Cecelia F. McCoy, CMC '
City Clerk Sherman P. Le r�
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 st day of June, 2020.
No. 41741- 060120.
A RESOLUTION establishing a task force to review the Star City Strong:
Response, Recovery, Resiliency Framework, evaluate alternatives and make
recommendations to City Council for use of the Star City Strong Recovery Fund to
support the recovery and resiliency of the community.
WHEREAS, COVID -19 threatens the public health and economic vitality of our
community;
61
WHEREAS, the necessary response to the public health threat represented by
COVID -19 required comprehensive restrictions on business, governmental and non-
profit activities resulting in unprecedented disruptions and catastrophic economic loss;
WHEREAS, the City crafted a framework, Star City Strong, to guide local efforts
in our continued response to recovery from and resiliency against COVID-19, its
resulting social and economic impacts, and similar future public health and economic
disruption;
WHEREAS, the City's recovery and resiliency plans include the establishment of
a recovery fund, Star City Strong Recovery Fund, for the purposes of providing financial
support of efforts that support the community's recovery from COVID-19 and sustain its
long -term resiliency toward similar public health and economic disruptions; and
WHEREAS, City Council desires to have a diverse group of stakeholders
representing citizens, together with individuals involved in health care /bio- medical
research, hospitality /entertainment, small business, manufacturing, outdoor recreation,
vulnerable population /non - profits, arts and culture, and education interests, join together
in a task force to consider the challenges confronting and the opportunities available to
the community and make recommendations to City Council regarding use of the Star
City Strong Recovery Fund.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that:
1. A task force of thirty -nine (39) individuals is hereby created by City Council
as the Star City Strong Recovery Fund (Task Force). The Task Force will be co- chaired
by Mayor Sherman P. Lea, Sr. and Vice -Mayor Joseph L. Cobb. The City Manager shall
serve as an ex -offico member. The remaining thirty -six (36) members of the Task Force
shall consist of individuals nominated by the following persons or organizations:
4 Citizens at Large nominated by the Mayor
3 Citizens at Large nominated by the Vice -Mayor
2 Stakeholders from each of the eight (8) Sectors described below (Sectors)
nominated by the City Council (for a total of 16)
1 Institutional /Organizational Representative from each of the eight (8) Sectors
nominated by the City Manager (for a total of 8)
1 Stakeholder nominated by the Roanoke Branch of the National Association for
the Advancement of Colored People
62
• 1 Stakeholder nominated by the Roanoke Chapter of the Southern Christian
Leadership Council
• 1 Stakeholder representing the interests of the Latino /Latina community by City
Council
• 2 Stakeholders nominated by the chair of the Youth Services Citizens Board
Sectors for Nomination by the City Manager and Appointment by City Council:
• Health Care /Bio- Medical Research
• Hospitality /Entertainment
• Small Business
• Manufacturing
• Outdoor Recreation
• Vulnerable Population /Non - Profits
• Arts & Culture
• Education
Nominees need not be residents of the City and shall be appointed only upon a waiver
of the residency requirement by City Council as provided in Section 2- 281(b), Code of
the City of Roanoke (1979), as amended. Council will consider all nominations and
make appointments of the remaining thirty -six (36) members of the Task Force at the
Council session on June 15, 2020.
2. The City Clerk shall notify Roanoke Branch of the National Association for
the Advancement of Colored People, the Roanoke Chapter of the Southern Christian
Leadership Council, and the chair of Youth Services Citizens Board of the creation of
the Task Force and request each organization to submit the name, address, and
occupation of its nominee to the City Clerk's Office no later than June 10, 2020, at
4:00 p.m. The Mayor, the Vice - Mayor, and the City Manager shall submit the names,
addresses and occupations of their respective nominees to the City Clerk no later than
June 10, 2020, at 4:00 p.m.
63
3. The Mayor and Vice -Mayor shall serve as Co- Chairs of this Task Force
with the Mayor presiding over the meetings unless he is unable to attend, in which case
the Vice -Mayor shall preside. The City Manager shall serve as the Secretary. The
Mayor shall be responsible for calling meetings of the Task Force and performing all
responsibilities for the conduct of such meetings. The Secretary shall maintain minutes
of all meetings. This Task Force shall hold at least one (1) public hearing to receive
comments from citizens prior to making its recommendations to the City Council. The
public hearing shall be set with at least five (5) days and not more than ten (10) days
prior notice by publication. The City shall include notices on its website. In the event
that the state of emergency resulting from the COVID -19 pandemic disaster remains in
effect during this period, the public hearing may be conducted by electronic
communication means without the presence of a quorum in a physical location pursuant
to applicable law, including Section 400.01 (g), Chapter 1283, Laws of Virginia (2020),
Virginia Code Section 15.2 -1413, and Ordinance No. 41703 - 032720.
4. The City Attorney shall provide reasonable staffing assistance to this Task
Force.
5. This Task Force is requested to provide its recommendation to City
Council in writing, by July 17, 2020, and present its recommendations during the
Council meeting on July 20, 2020.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 St day of June, 2020.
No. 41742- 060120.
A RESOLUTION confirming the City Manager's declaration of a local emergency;
conferring emergency powers in the City Manager as Director of Emergency
Management; authorizing the City Manager to make application for Federal and State
public assistance to deal with such emergency; designating a fiscal agent and an agent
for submission of financial information for the City; and calling upon the Federal and
State governments for assistance.
WHEREAS, the Council of the City of Roanoke finds that the City has sustained
a local emergency by demonstrations, protests, and civil unrest that occurred in the City
on Saturday, May 30, 2020 in the City, and may continue to occur, and such civil unrest
has the potential to further seriously impact the City and its citizens, by (i) the damage
and injury to persons and property. (ii) the additional demands placed upon City public
safety services including police, fire, and EMS services, (iii) the disruption of the
services provided to citizens, and (iv) disruption of travel and transportation within and
around the City;
WHEREAS, pursuant to the provisions of §44- 146.21, Code of Virginia, on
May 30, 2020, the City Manager as Director of Emergency Management, declared a
local emergency commencing on May 30, 2020, which 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 civil unrest was created and had the potential to cause
damage, loss, hardship or suffering to the citizens of Roanoke, which necessitated the
declaration of the existence of a local emergency.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. Council confirms that a local emergency existed throughout the City
commencing May 30, 2020 arising from the civil unrest following demonstrations and
protests in response to the death of George Floyd in Minnesota.
65
2. The Council hereby ratifies and confirms that, during the period of the
emergency confirmed by this resolution, the City Manager, as Director of Emergency
Management, possessed and held those powers, functions and duties prescribed by the
Code of Virginia (1950), as amended, the City of Roanoke Charter of 1952, 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 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 local emergency assistance the assurances and
agreements required by the Federal Emergency Management Agency and other
agencies of the State and Federal government.
4. Amelia Merchant, the City's Director of Finance, is hereby designated as
the City's fiscal agent to receive, deposit and account for Federal and State funds made
available to the City to meet the emergency declared by this resolution, and is hereby
designated as the City agent for executing and submitting appropriate documentation
and information regarding Federal and State reimbursement for this emergency.
5. The Council calls upon the Federal and State governments to take steps
to afford to the City of Roanoke and to the persons and business concerns and other
organizations and agencies suffering injury and damage from this local emergency such
public aid and assistance as is necessary and proper to meet this emergency.
6. The City Clerk is directed to forward an attested copy of this resolution to
the State Coordinator of Emergency Management.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1St day of June, 2020.
No. 41743- 060120.
A RESOLUTION appointing Elizabeth C. S. Jamison and Natasha N. Saunders,
as School Board Trustees of the Roanoke City School Board for terms commencing
July 1, 2020, and ending June 30, 2023.
WHEREAS, pursuant to Section 9 -24, Code of the City of Roanoke (1979), as
amended, and Section 22.1 -29.1, Code of Virginia (1950), as amended, a public
hearing was held on May 18, 2020, relating to the appointment of School Board
Trustees; and
WHEREAS, this Council is desirous of appointing Elizabeth C. S. Jamison and
Natasha N. Saunders to fill the vacancies on the Roanoke City School Board.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. Elizabeth C. S. Jamison and Natasha N. Saunders, are hereby appointed
as School Board Trustees of the Roanoke City School Board for terms commencing
July 1, 2020, and ending June 30, 2023.
2. The City Clerk is directed to transmit an attested copy of this resolution to
the Clerk of Roanoke City School Board, and to Elizabeth C. S. Jamison and
Natasha N. Saunders.
APPROVED
ATTEST:
J-. qx0_&j
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA.
The 15th day of June, 2020.
No. 41744- 061520.
A RESOLUTION authorizing acceptance of the Coronavirus Emergency
Supplemental Funding (CESF) Grant made to the City of Roanoke City Police
Department by the United States Department of Justice, Bureaus of Justice Assistance
Office, 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
Coronavirus Emergency Supplemental Funding (CESF) Grant in the amount of
$150,843.00, with no local match required, to the Roanoke City Police Department for
equipment and supplies. Such grant being more particularly described in the City
Council Agenda Report dated June 15, 2020.
2. The Police Chief 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 Police Chief and the City Manager are further directed to furnish such
additional information as may be required by the Bureau of Justice Assistance Office in
connection with the acceptance of the foregoing grant.
APPROVED
ATTEST:
Ce_6� J' qXL�
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1511 day of June, 2020.
No. 41745- 061520.
AN ORDINANCE to appropriate funding from the Federal
Department of Justice, for the Coronavirus Emergency Supplement Funding (CESF
program, amending and reordaining certain sections of the 2019 - 2020 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 2019 - 2020 Grant Fund A g
amended and reordained to read and provide as follows: be, and the same are hereby,
Appropriations
Supplies
Expendable Equipment ( <$5,000)
Revenues
Bureau COVID -19 CESF FY20
35- 640 - 3689 -2030
35- 640 - 3689 -2035
35- 640 - 3689 -3689
$ 37,498.00
113,345.00
150,843.00
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:
Cecelia F. McCoy, CMC
City Clerk
herman P. Lea, Sr.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2020.
No. 41746- 061520.
A RESOLUTION accepting the North Carolina and Virginia Rivers and Water
Program Grant made to the City from the National Fish and Wildlife Foundation
( "NFWF "), 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 North Carolina and Virginia
Rivers and Water Program Grant offered by the NFWF, in the amount of $102,708.00,
to be used for the Roanoke City Stormwater project titled "PCB Monitoring And Source
Tracking in Roanoke City (VA)." There is no matching fund requirement for this grant.
The grant is more particularly described in the City Council Agenda Report dated
June 15, 2020.
2. The City Manager is hereby authorized to execute, on behalf of the City,
the NFWF Project Funding Agreement for the "PCB Monitoring And Source Tracking in
Roanoke City (VA)" project id# 8020.20.067961, as well as any other necessary
documents setting forth the conditions of the grant, in a form approved by the City
Attorney.
3. The City Manager is further authorized to furnish such additional
information as may be required in connection with the City's acceptance of this grant.
ATTEST:
c, 4- Nt4, : tMe
Cecelia F. McCoy, CMC
City Clerk
APPROVED
4
Sherman P. Lea, Sr.
Mayor
rLi
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2020.
No. 41747- 061520.
AN ORDINANCE to appropriate funding from Stormwater Utility Funds from the
NFWF North Carolina and Virginia Rivers and Waters Program Grant to address
identified Stormwater PCB Monitoring and tracking efforts on Tinker Creek, Peters
Creek and the Roanoke River, amending and reordaining certain sections of the 2019 -
2020 Stormwater Utility 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 2019 - 2020 Stormwater Utility Fund Appropriations be, and the same
are hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from State Grant Funds
Revenues
PCB Monitoring and Source Tracking
03- 530 - 3078 -9007 $ 102,708.00
03- 530 - 3078 -3078 102, 708.00
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:
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
.,
71
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 151h day of June, 2020.
No. 41748- 061520.
AN ORDINANCE to appropriate funding from Stormwater Utility Retained
Earnings to supplement operational funds to address identified Stormwater projects and
needs, amending and reordaining certain sections of the 2019 - 2020 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 2019 - 2020 Stormwater Utility Fund Appropriations be, and the same
are hereby, amended and reordained to read and provide as follows:
Appropriations
Bench Cut Maintenance
Fees for Professional Services
Fund Balance
Retained Earnings - Available
ATTEST:
0z"A*_ J—. 7 Le, C`. ue-
Cecelia F. McCoy, CMC U
City Clerk
03- 530 - 3010 -3994
03- 530 - 3010 -2010
03 -3348
APPROVED
$ 170,000.00
30,000.00
(200,000.00)
rman P. Lea,
Mayor
72
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 151h day of June, 2020.
No. 41749- 061520.
AN ORDINANCE to de- appropriate funding from the DEQ SLAF grant funds for
the Lick Run Stream restoration project at the Roanoke - Blacksburg Airport, amending
and reordaining certain sections of the 2019 - 2020 Stormwater 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 2019 - 2020 Stormwater Projects Fund Appropriations be, and the same
are hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from State Grant Funds 03- 530 - 3062 -9007 $ (340,968.00)
Revenues
DEQ SLAF Grant Funds 03- 530 - 3015 -3015 (340,968.00)
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:
04uj� S W4-- qW4'��
Cecelia F. McCoy, CMC
City Clerk
*Se an P. Lea, Sr.
Mayor
73
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15" day of June, 2020.
No. 41750- 061520.
AN ORDINANCE amending and reordaining Division 5. Exemption of Certain
Rehabilitated Real Property, Division 5B. Exemption of Certain Rehabilitated or
Renovated Commercial Mixed -Use Commercial With No More than 80% Residential or
Industrial Real Property Located in Enterprise Zone One A, Division 5C. Partial
Exemption in Redevelopment and Conservation Areas and Rehabilitation Districts, all
of Article II, Real Estate Taxes Generally, of Chapter 32, Taxation, of the Code of the
City of Roanoke (1979), as amended, which provides for certain real estate tax
exemptions for rehabilitating property in the City; providing for an effective date; and
dispensing with the second reading of this ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. Division 5. Exemption of Certain Rehabilitated Real Property, Division 5B.
Exemption of Certain Rehabilitated or Renovated Commercial Mixed -Use Commercial
With No More than 80% Residential or Industrial Real Property Located in Enterprise
Zone One A, Division 5C. Partial Tax Exemption in Redevelopment and Conservation
Areas and Rehabilitation Districts, all of Article II, Real Estate Taxes Generally, of
Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, are
amended to read and provide as follows:
DIVISION 5. - EXEMPTION OF CERTAIN REHABILITATED REAL PROPERTY
Sec. 32 -93. - Generally; termination of exemption program.
(a) The director of real estate valuation shall, upon application made and within the
limits as hereinafter provided, order exemption of real property tax on real
property substantially rehabilitated for residential use and on real property
substantially rehabilitated for commercial or mixed iRd' "Ar+at use.
(b) This division shall terminate and no new applications for exemption shall be
accepted on and after July 1, 2025 o, unless reenacted. This provision shall not
affect applications filed before that date, or the continued eligibility for exemption
of properties approved before that date.
74
(c) As used in this Division, the following terms shall have the following meanings:
Application fee means:
(i) One hundred seventy five dollars ($175.00) for an
application seeking an exemption for a single- family
resi et+al dwelling; or
(ii) Two hundred fifty dollars ($250.00) for each principal
structure located on a parcel for any other application for an
exemption,
Mixed use means a structure constructed and used as a structure
for commercial and residential purposes.
Multi - family dwelling means a residential dwelling constructed and
used for more than one residential unit, including two - family
buildings and any other multi - family building.
(4) Principal structure means any building or structure situated on a
parcel that may be used for habitation by humans.
(5) Single- family dwelling means a residential dwelling constructed and
used entirely as a residence for the owner or tenant of the real
property as a single- family residence.
(6) Substantial rehabilitation means construction work performed on a
structure proposed by the owner seeking an exemption under this
division and shall include the
substantial rehabilitation, renovation, or replacement of real
property.
Value means the assessed value of the structure situated on the
real property as determined by the director of real estate valuation
for real estate taxation purposes.
Sec. 32 -94. - Rules and regulations for administration of division.
The director of real estate valuation, with the advice and comment of the city
manager, director of finance and commissioner of revenue, shall adopt and promulgate
such rules and regulations not inconsistent with the provisions of this division as are
deemed necessary for the effective administration of this division.
75
Sec. 32 -95. - Eligibility of single- family dwellinaree{dential real property.
(a) In order to qualify for the exemption from real property taxation for real property
substantially rehabilitated for single- family dwellingresidential use, a structure
shall meet all of the following criteria:
(1) Be constructed prior, to January 1 1970 -(44D-)
(2) Be improved so as to increase the assessed value of the structure
by no less than forty (40) percent; and
(3) Be designed for and suitable solely for single- family dwelling
residential use, at least i
improvement; and-
after completion of such
(4) Be assessed together with all other improvements on said parcel
for which an exemption is sought, in the aggregate value of two
hundred fifty thousand dollars 250 000.00 or less as of the date
of the application
(b) Residential use shall be limited to -_ -- single - family dwellings, g duplexes;
standardi.; for eanh _q
#14e
(c)
hundred thei -sand
-{
+�8- _Tthe exemption shall
commence July 1 of the tax year following the date of completion as determined
pursuant to section 32-98.1 (b), 4he"tRfiA leas
Sec. 32 -96. - Eligibility of multi - family dwelling - commercial, or mix= +ndostr4A, real
property.
(a) In order to qualify for the exemption from real property taxation for real property
substantially rehabilitated for multi - family dwelling commercial) oried� mixed
use, a structure shall meet all of the following criteria:
(1) Be constructed prior to January 1 1970
(25) years nfaa�
76
(2) Be improved so as to increase the assessed value of the structure
by no less than sixty (60) percent; and
(3) Be improved without increasing the total square footage of such
structure by more than one hundred (100) percent; and
(4) Be designed for and suitable for multi - family - dwelling, commercial,
or mixedistr+al use after completion of such improvement.
(b) If an exemption is granted for multi - family dwelling, commercial, or mixed
user +at properties pursuant to this Division, no other exemption, including one
pursuant to Division 5A and 5B, pertaining to enterprise zones, will be granted, even if
the use of the property changes.
Sec. 32 -97. - Amount of exemption.
The amount of the exemption from real property taxation provided for by this
division shall be an amount equal to the difference in the appraised value of the
qualifying structure immediately before substantial rehabilitation and immediately after
substantial rehabilitation_, as determined the ho . -This
amount only, on a fixed basis, shall "c�on�s�t'iitute the exemption, notwithstanding
subsequent assessment or reassessment. The exemption resulting from substantial
rehabilitation of a qualifying structure shall commence on July 1st of the tax year
following completion of the rehabilitation and shall run with the real estate for a period of
five (5) years, and only one (1) exemption under this division may be applicable to any
structure at any point in time. If the qualifying structure has been designated with either
H -1, Historic District, or H -2, Neighborhood Preservation District, zoning overlay
designations, or is located within an area designated as a conservation area or a
rehabilitation district by the city, then the exemption shall run with real estate for a
period of seven (7) ter} (10) years. An additional four year period shall apply to an!,
resident StFUGture that wall - ihave at least a fifty (50) percent not red i tion in.__the
number of dwelling N
period, the abatement amount will be deGreased twenty (20) PeFGent 'R eaGh yeaF, su
that after the GOrnpletion of tGu tt t year, the property shall be taxed at E)Re hundred
(100) peFGent ef its fair market value.
l
77
Sec. 32 -98. - Application.
(a) Application for exemption of substantially rehabilitated real property from taxation
under this division shall be filed by the owner of such property with the director of
real estate valuation prior to commencement of any rehabilitation work for which
exemption is sought. Each application for such exemption shall be accompanied
by an application fee
property is being converted, and new and additional tax parcels-'Wil'l-be created,
antde application fee shall be paid be fifty dollars ($5g.00) property shall be eligible for such exemption unless alloappro tax parcel. No
appropriate building
permits have been acquired the administrator Of code enforcement —has
determined that the structure anri fho r - -i .....__ �.. _
comply with all applicable provisions of the state wide maintenance code as
provided m section 7-5 of city code upon completion of the rehabilitation
indicated in the application -aad -the director of real estate valuation has verified
that the rehabilitation indicated on the application has been completed, an
administrator of code enforcement has determined that the structure and the real
property are in compliance with the state wide maintenance code as provided in
section 7-5 of city code.- Furthermore, no property shall be eligible for such
exemption if the director of real estate valuation or the administrator of code
enforcement has been denied access to the entire premises either before or after
the rehabilitation work for which exemption has been applied, for purposes of
determining whether the required rehabilitation has been completed, determining
the value of the , before commencement of the re uired rehabilitation in
the application and the �nii �o r%f +�,,, ,..- .....__ _
bilitation, and deter-min
as provided in section 7 -5 of city code vv . ""Ce mainte
The property owner shall submn application
it a for exemr
in the form created by the director of real estate
section 32 -94 of city code The application fon
acknowledgement and consent of the property owner that
all real estate taxes owned b Y the ro ert owner on qnv real
ro erty within the city are fully paid and current
the real property including the structures for which an exemption
is sought is in compliance with all applicable ordinances rules and
regulations of the city
the director of real estate valuation shall have access to the real
property and structures thereon for the purposes of determining the
value of the structures prior to commencement of the required
rehabilitation set forth in the application, the estimated value of the
structures assuming completion of the required rehabilitation set
forth in the application compliance with the required rehabilitation
as set forth in the application and determination of the value of the
structures after completion of the required rehabilitation; and
the administrator of code enforcement shall have access to the real
property and the structures thereon to determine (i) compliance
with all applicable ordinances rules and regulations of the city with
respect maintenance and condition of the real property, including
the structures; and (ii) compliance with all applicable ordinances,
rules and regulations of the city with respect to the maintenance
and condition of the real property and the structures thereon after
completion of the required rehabilitation.
The application will also include the acknowledgement of the property owner that
the property owner is responsible to satisfy the eligibility requirements set forth in
section 32 -98.1 after completion of the required rehabilitation.
(cb) The burden of proof shall be on the applicant to show that the property for which
exemption has been filed complies with all the eligibility criteria established by
this division. The director of real estate valuation may require documentary proof
of eligibility, and, in such cases, documentation satisfactory to the director shall
be presented.
Sec. 32 -98.1. - Eligibility.
(a) In order for the exemption for a property to continue in effect, such property shall
be maintained by the property owner and all tenants and occupants at the
property in compliance with the provisions of chapter 7, Building Regulations;
article VI, Inoperable Motor Vehicles, of chapter 20, Motor Vehicles and Traffic;
section 21 -25, Willful damage to or defacement of public or private facilities, of
chapter 21, Offenses Miscellaneous; chapter 33, Vegetation and Trash; and
chapter 36.2, Zoning, of this Code. If, after receiving notice of a violation of any of
these provisions, the owner of the property or a tenant or occupant of the
property fails or refuses to complete the necessary corrections within the time
required for such action, or refuses city inspectors access to such property for
the purpose of determining continued eligibility under this section, then such
eligibility shall terminate.
79
(b) The rehabilitation or renovation improvements must be completed by June 30
w+th,nthat first occurs two (2) years after the date of the filing of the application for
exemption.
(c) In order for the exemption for a property to continue in effect, or for an owner to
apply for such exemption, the owner thereof shall not be delinquent in any real
estate tax owed the city. The exemption provided under this division shall be
automatically void and of no effect, without notice to the owner, if real estate
taxes due on any real estate owned in the city that become due October 5 of a
fiscal year are not paid on or before December 31 of the same fiscal year, and if
real estate taxes due on any real property owned in the city that become due
April 5 of a fiscal year are not paid on or before June 30 of the same fiscal year.
(d) If a property which has qualified for exemption is damaged by fire or act of God
such that the remaining value of the property is less than its original
assessment before being rehabilitated, then the exemption shall cease.
Sec. 32 -99. - Land book.
Nothing in this division shall be construed as to permit the commissioner of
revenue to list upon the land book any reduced value due to the exemption provided by
this division.
Sec. 32 -100. - Demolition.
The exemption provided in this division shall not apply when any existing
structure is demolished or razed and a replacement structure is constructed, unless the
assessed value of the existing structure is less than ten thousand dollars ($10,000.00).
The replacement structure must be in a single - family residence, and it must have an
assessed value of at least one hundred twenty (120) percent of the median value of
other dwelling units in the neighborhood, as determined by the director of real estate
valuation. Such exemption shall not apply when the structure to be demolished is a
Virginia registered landmark, or is determined by the Division of Historic Resources to
contribute to the significance of a registered historic district.
Sec. 32 -101. - False statements.
The making of any false statement in any application, affidavit or other
information supplied for the purpose of eligibility determination under this division shall
constitute a Class 2 misdemeanor.
DIVISION 5B. - EXEMPTION OF CERTAIN REHABILITATED OR RENOVATED
COMMERCIAL, MIXED -USE COMMERCIAL WITH NO MORE THAN 80%
RESIDENTIAL, OR INDUSTRI MIXED USE REAL PROPERTY LOCATED IN
ENTERPRISE ZONE ONE A
Sec. 32- 101.9. - Generally.
(a) The director of real estate valuation shall, upon application made and
within the limits hereinafter provided, order exemption of real property tax
on real property substantially rehabilitated or renovated for commercial,
mixed -use commercial with no more than eighty (80) percent of such
property being used for residential purposes (hereafter mixed -use
commercial), or industrial mixed use and located within the area of
Enterprise Zone One A, as such area is shown on a map of Enterprise
Zone One A, which is on file in the office of the city clerk.
(b) The terms "application fee," "mixed use," and "value" as used in this
division shall have the same respective meaning as these terms are
defined in division 5.
Sec. 32- 101.10. - Rules and regulations for administration for division
The director of real estate valuation, with the advice and comment of the city
manager, director of finance, and commissioner, shall adopt and promulgate such rules
and regulations not inconsistent with the provisions of this division as are deemed
necessary for the effective administration of this division.
Sec. 32- 101.11. - Eligibility of commercial, mixed -use commercial, or+nr+al mixed
use real property.
(a) In order to qualify for the exemption from real property taxation for real property
substantially rehabilitated or renovated for commercial, mixed -use commercial, or
industrial use within Enterprise Zone One A, a structure shall meet all of the
following criteria:
(1) Be no less than fifteen (1 5) years of age constructed prior to
January 1, 1970 and located within Enterprise Zone One A;
(2) Be rehabilitated or renovated so as to increase the assessed value
of the structure by at least fifty thousand dollars ($50,000.00) or
more;
(3) Be designed for and suitable for commercial, mixed -use
commercial, or industrial use after completion of such rehabilitation
or renovation;
81
(4) The structure has not received an exemption under Division 5,
exemption of certain rehabilitated real property, or former Division
5A, exemption of certain rehabilitated or renovated commercial or
industrial real property located in either Enterprise Zone One or
Enterprise Zone Two, of this chapter; and
(5) The rehabilitation or renovation must be completed w hiA by
June 30 that first occurs two (2) years of the date of the filing of the
application for exemption.
(b) The types of substantial rehabilitation or renovation improvements that will be
considered as increasing the assessed value are limited to those made to the
actual qualifying structure only. Other improvements, fees, or costs will not be
considered.
(c) Any new additions to the qualifying structure or any additional square footage
over the prerehabilitation or prerenovation square footage will not be considered
as increasing the assessed value of the qualifying structure or eligible for or
considered for the tax exemption since the purpose of this incentive is to
encourage rehabilitation or renovation of existing structures.
Sec. 32- 101.12. - Amount of exemption.
The amount of exemption from real property taxation provided for by this division
shall be an amount equal to the difference in the appraised of the
structure immediately before rehabilitation or reno tionandUeimmedately I'ayfter
rehabilitation or renovation as determined by the director of real estate valuation. This
amount only, on a fixed basis, shall constitute the exemption, notwithstanding
subsequent assessment or reassessment. The exemption resulting from substantial
rehabilitation or renovation of a qualifying structure shall commence on July 1 of the tax
year following completion of the rehabilitation or renovation within the period required by
section 32-101.11 (a) (5Land approval of the application and shall run with the real
estate for a period of seven (7) years from the date of the commencement of the
exemption as set forth herein. Only one (1) exemption under this division may be
applicable to any qualifying structure during the life of the qualifying structure.
Furthermore, any qualifying structure which obtains an exemption under this division
shall not be entitled to obtain an exemption under division 5, exemption of certain
rehabilitated real property, of this chapter. The maximum total amount of tax abatement
for any qualifying structure over the seven -year period shall not exceed a total of one
hundred thousand dollars ($100,000.00). Should the amount of tax abatement exceed
the total of one hundred thousand dollars ($100,000.00) before the expiration of the
seven -year period, the exemption shall end when the tax abatement reaches the one
hundred thousand dollars ($100,000.00) figure and real property taxes will be due on
the increased assessed value previously exempted.
Sec. 32- 101.13. - Application.
(a) Application for exemption of substantially rehabilitated or renovated real property
from taxation under this division shall be filed by the owner of such property with
the director of real estate valuation prior to commencement of any rehabilitation
or renovation work for which exemption is sought. Each application for such
exemption shall be accompanied by pFOGessing an application-fee. in the arne
of fifty dollars . No property shall be eligible for such exemption unless
all appropriate building permits have been acquired and the director of real estate
valuation has verified that the rehabilitation or renovation indicated on the
application has been completed. Furthermore, no property shall be eligible for
such exemption if the director of real estate valuation or the administrator of code
enforcement has been denied access to the entire premises, either before or
after the rehabilitation or renovation work for which the exemption has been
sought, for purposes of determining whether the required rehabilitation or
renovation has been completed, -afld for appraising the property, and determininq
compliance with the state wide maintenance code as required by section 7 -5 of
city code with respect to the maintenance and condition of real property,
including structures.. The application for this exemption must be filed with the
director of real estate valuation during the period of July 19, 2004, through„
December 31, 2023, for property located within Enterprise Zone One A in order
to be eligible for this exemption.
(b) The property owner shall submit an application for exemption under this division
in the form created by the director of real estate valuation pursuant to
section 32 -94 of city code.— The application form shall include the
acknowledgement and consent of the property owner that:
all real estate taxes owned by the property owner on any real
property within the city are fully paid and current;
the real property, including the structures for which an exemption
is sought is in compliance with all applicable ordinances, rules, and
regulations of the cityl.
the director of real estate valuation shall have access to the real
property and structures thereon for the purposes of determining the
value of the structures prior to commencement of the required
rehabilitation set forth in the application the estimated value of the
structures assuming completion of the required rehabilitation set
forth in the application compliance with the required rehabilitation
as set forth in the application and determination of the value of the
structures after completion of the required rehabilitation; and
00M
GEC?
(4J the administrator of code enforcement shall have access to the real
Property and the structures thereon to determine (i) compliance
with the state wide maintenance code as re uired by section 7 -5 of
city code with respect maintenance and condition of the real
property, including the structures and (ii) compliance with the state
wide maintenance code as required by section 7 -5 of city code with
respect to the maintenance and condition of the real property and
the structures thereon after completion of the required
rehabilitation.
The application will also include the acknowledgement of the property owner that the
property owner is res onsible to satisfy the eli ibility requirements set forth in
section 32 -98.1 of city code after com letion of the re uired rehabilitation.
(cb) The burden of proof shall be on the applicant to show that the structure for which
the exemption has been filed complies with all the eligibility criteria established
by this division. The director of real estate valuation may require documentary
proof of eligibility and, in such cases, documentation satisfactory to the director of
real estate valuation shall be presented by the applicant.
Sec. 32- 101.14. - Land book.
Nothing in this division shall be construed as to permit the commissioner of the
revenue to list upon the land book any reduced value due to the exemption provided by
this division.
Sec. 32- 101.15. - Demolition.
The exemption provided in this division shall not apply when any existing structure
is demolished or razed and a replacement structure is constructed.
Sec. 32- 101.16. - False statements.
The making of any false statement in any application, affidavit, or other
information supplied for the purpose of eligibility determination under this division shall
constitute a class 2 misdemeanor.
•
DIVISION 5C. - PARTIAL TAX EXEMPTION IN REDEVELOPMENT AND
CONSERVATION AREAS, AND REHABILITATION DISTRICTS
Sec. 32- 101.20. - Generally; applicability of certain defined terms; termination of
exemption program.
(a) The director of real estate valuation shall, upon application made and within the
limits as hereinafter provided, order the partial exemption from real property tax
of real property upon which new structures or other improvements have been
constructed within a redevelopment or conservation area, or a rehabilitation
district established in the city.
The terms "application fee," "single- family dwelling," and "value" as used in this
division shall have the same respective meaning as these terms are defined in
division 5.
(cb) This division shall terminate and no new applications for exemption shall be
accepted on and after July 1, 20250, unless reenacted. This provision shall not
affect applications filed before that date, or the continued eligibility for exemption
of properties approved before that date.
Sec. 32- 101.21. - Rules and regulations for administration of division.
The director of real estate valuation, with the advice and comment of the city
manager, director of finance, and commissioner, shall adopt and promulgate such rules
and regulations not inconsistent with the provisions of this division as are deemed
necessary for the effective administration of this division.
Sec. 32- 101.22. - Eligibility of residential real property.
In order to qualify for the exemption from real property taxation for real property
constructed for residential use, the new structure or other improvements must be
designed for and used as a principal single - family r°sil dwelling structure, and
uses accessory thereto. The structure must have an assessed value of at least one
hundred twenty (120) percent of the median value of other residential structures in the
neighborhood, as determined by the director of real estate valuation.
Sec. 32- 101.23. - Eligibility of commercial real property.
Other than real property constructed for_single- family dwelling resideRtial the
only property eligible for the exemption provided by this division shall be commercial
property in districts zoned CN- Neighborhood Commercial. In order for such property to
qualify, the new structure or other improvements must be designed for and used for
purposes permitted in a CN district.
„I.I 85
Sec. 32- 101.24. - Amount of exemption.
The amount of the exemption from real property taxation provided for by this
division shall be an amount equal to the increase in assessed value resulting from the
construction of the new structure or other improvement to the real estate, as determined
by the director of real estate valuation. This amount only, on a fixed basis, shall
constitute the exemption, notwithstanding subsequent assessment or reassessment.
The exemption shall commence on dapua� July 1 of the year following completion of
the new construction or improvements in accordance with section 32-101.26(b and
shall run with the real estate for a period of (i)�_.(����
dwelling "”' \ 'v7 seven 7 years for single - family
structures and all other improvements of the Parcel for which the
exemption is sought are in the aaaregate initially assessed at at kred -- hundred fifty thousand dollars ($25300,000.00) or less. , - tWOt#ree
i StFUGtWes-asse&sed-ever that amount, and (ii) structures in CN districts initially assessed at under eight shundred thousand t _ Years for
($800,000.00), and five 5 dollars
amount and only one (1)(exemption ounder thisrdivision may assessed at over this
estate at any point in time. Y e applicable to any real
Sec. 32- 101.25. - Application.
(a) Application for exemption of real property from taxation under this division shall
be filed by the owner of such property with the director of real estate valuation
after all required building permits are obtained and prior to any work being
started on the subject property. Each application for such exemption shall be
accompanied by an application fee ount Of fifty dollars
45G:04). No property shall be eligible for such exemption unless all appropriate
building permits have been acquired and the director of real estate valuation has
verified that the new structure or other improvements indicated on the application
has been completed and a certificate of occupancy has been issued.
Furthermore, no property shall be eligible for such exemption if the
commissioner) e4:--director of real estate valuation or the administrator of code
enforcement has been denied access to the entire premises either before or after
the work for which exemption has been applied, for purposes of determining
whether the new structure or other improvements have been completed, a -r�for
appraising the property and determinin com liance with the state wide
maintenance code as re uired by section 7 -5 of city code with respect to the
maintenance and condition of real prpperty, including structures.
(b) The property owner shall submit an aDplication for exemption under this division
in the form created by the director of real estate valuation pursuant to
section 32 -94 of —city code. The application form shall include the
*°
acknowledgement and consent of the property owner that:
all real estate taxes owned by the property owner on any real
property within the city are fully paid and current;
the real property, including the structures for which an exemption
is sought is in compliance with all applicable ordinances, rules, and
regulations of the city;
the director of real estate valuation shall have access to the real
property and structures thereon for the purposes of determining the
value of the structures prior to commencement of the required
rehabilitation set forth in the application the estimated value of the
structures assuming completion of the required rehabilitation set
forth in the application compliance with the required rehabilitation
as set forth in the application and determination of the value of the
structures after completion of the required rehabilitation; and
(4) the administrator of code enforcement shall have access to the real
property and the structures thereon to determine (i) compliance
with the state wide maintenance code as required by section 7 -5 of
city code with respect maintenance and condition of the real
property, including the structures; and (ii) compliance with the state
wide maintenance code as required by section 7 -5 of- city code with
respect to the maintenance and condition of the real property and
the structures thereon after completion of the required
rehabilitation.
The application will also include the acknowledgement of the property owner that the
property owner is responsible to satisfy the eligibility requirements set forth in section
32-98.1 after completion of the required rehabilitation.
(cb) The burden of proof shall be on the applicant to show that the property for which
exemption has been filed complies with all the eligibility criteria established by
this division. The director of real estate valuation may require documentary proof
of eligibility, and, in such cases, documentation satisfactory to the director shall
be presented.
Sec. 32- 101.26. - Eligibility.
(a) In order for the exemption for a property to continue in effect,
be maintained by the property owner and all tenants ^„ such property shall
Pro pert in compliance with the city's building code, including thetsViirginria
Maintenance Code, and as amended, and, if applicable, the requirements of the
city's rental certificate of compliance program section 7 -34 et seq., of this Code.
If, after receiving notice of a violation of this section, the owner of the property
fails or refuses to complete the necessary corrections, whether the responsibility
of the Property owner or a tenant or Occupant of the Property, - within the time
required for such action, or refuses city inspectors access to such property for
the purpose of determining continued eligibility under this section, then such
eligibility shall terminate.
(b) The improvements must be completed within by June 30
two (2) years after the date of the filing of the application for exemption first occurs
(c) In order for the exemption for a property to continue in effect, or for an owner
apply for such exemption, the owner thereof shall not be delinquent in any real
estate tax owed to the city. The exemption provided under this division shall be
automatically void and of no effect, without notice to the owner, if real estate
taxes due on any real estate owned in the city that become due October 5 of a
fiscal year are not paid on or before December 31 of the same fiscal year, and if
real estate taxes due on any real estate owned in the city that become due
April 5 of a fiscal year are not paid on or before June 30 of the same fiscal year.
(d) If a property which has qualified for exemption is damaged by fire or act of God
such that the remaining value of the property is less than its original
assessment before being rehabilitated, then the exemption shall cease.
Sec. 32- 101.27. - Land book.
Nothing in this division shall be construed as to permit the commissioner of
revenue to list upon the land book any reduced value due to the exemption provided by
this division.
EZ:3
Sec. 32- 101.28. - Demolition.
The exemption provided in this division shall not apply when any existing
structure is demolished or razed and a replacement structure is constructed, unless the
assessed value of the existing structure is less than ten thousand dollars ($10,000.00).
If the replacement structure is a single- family residence, it must have an assessed value
of at least one hundred twenty (120) percent of the median value of other dwelling units
in the neighborhood, as determined by the director of real estate valuation. Such
exemption shall not apply when the structure to be demolished is a Virginia registered
landmark, or is determined by the Division of Historic Resources to contribute to the
significance of a registered historic district.
Sec. 32- 101.29. - False statements.
The making of any false statement in any application, affidavit or other
information supplied for the purpose of eligibility determination under this division shall
constitute a class 2 misdemeanor.
2. This ordinance shall be in full force and effect on and after July 1, 2020.
3. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is dispensed with.
APPROVED
ATTEST:
O Q .
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 151h day of June, 2020.
No. 41751- 061520.
AN ORDINANCE providing for the acquisition of real property rights needed by
the City in connection with the Campbell Avenue Stormwater Improvement Project
(Project); authorizing City staff to acquire such property rights by negotiation for the
City; authorizing the City Manager to execute appropriate acquisition documents; and
dispensing with the second reading of this Ordinance by title.
Or-
op-ft
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 fee
simple interests, permanent easements of variable length and width, temporary
construction easements, and such other real property interests as needed, as set forth
in the City Council Agenda Report dated June 15, 2020, for the Project, located along
the Campbell Avenue, S. W. and Patterson Avenue, S. W., Roanoke, Virginia corridor,
and surrounding streets. The property interests to be acquired are to be used to install
stormwater conveyance systems to include a combination of storm drainage inlets,
associated piping and detention ponds, designed to reduce flooding. 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 interests 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 real property interests
needed for the Project, for such consideration as deemed appropriate ppropriate for the necessary
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
the Director of Finance is authorized to pay there respective consideration tolthe towne s
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.
ATTEST:
1 "4.,.
L
Cecelia F. McCoy, CMC
City Clerk
APPROVED
Sherman P. Lea, Sr.
Mayor
N�
L..7
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2020.
No. 41752- 061520.
AN ORDINANCE providing for the acquisition of real property rights needed by
the City in connection with the Stormwater Drainage Improvement Project — Patterson
Avenue, S. W. and Chapman Avenue, S. W. (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 fee
simple interests, permanent easements of variable length and width, temporary
easements, and such other real property interests as needed, as set forth in the City
Council Agenda Report dated June 15, 2020, for the Project, located along the
Patterson Avenue, S. W. and Chapman Avenue, S. W., Roanoke, Virginia corridor, 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 interests 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 real property interests
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.
r�
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:
Cecelia F. McCoy, CMC ��
City Clerk Sherman P. Lea, Sr.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2020.
No. 41753- 061520.
A RESOLUTION approving an amendment to the City of Roanoke's 2015 - 2019
Consolidated Plan, through its 2019 - 2020 Annual Plan, to reallocate certain unspent
Community Development Block Grant (CDBG) funds and Emergency Solutions Grant
(ESG) funds received by the City from the United States Department of Housing and
Urban Development (HUD) for the 2019 - 2020 Plan Year due to the COVID-19
disaster; authorizing the City Manager or the City Manager's designee to submit such
amendment to HUD for final review and approval; and further authorizing the City
Manager to execute all necessary documents required for such amendment.
WHEREAS, in March 2020, Congress passed the Coronavirus Aid, Relief and
Economic Securities (CARES) Act, which allocated additional funds to localities for
CDBG and ESG programs to address the COVID-19 disaster, and localities were given
the option of amending their 2019 - 2020 Annual Plans to expedite their use of these
funds;
WHERESAS, the City desires to amend its 2019 - 2020 Annual Plan to reallocate
such additional CDBG -CV and ESG -CV funding from HUD pursuant to the CARES Act
to be used to fund public services, economic development, and homeless assistance
services in connection with the COVID -19 disaster; and
WHEREAS, a thirty (30) day public comment period was properly advertised and
a public hearing was held by City Council on June 1, 2020, prior to the end of the
comment period, as required by law for City Council to consider such amendment to the
Consolidated Plan.
92
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. The proposed amendment to the 2019 - 2020 Annual Plan to reallocate
CDBG and ESG funds received by the City from HUD for the 2019 - 2020 Plan year to
be used to fund public service, economic development, and homeless assistance
service activity in connection with the COVID -19 disaster, as further set forth in the City
Manager's City Council Agenda Report dated June 15, 2020, is approved.
2. The City Manager, or his designee, is hereby authorized to execute any
necessary documents pertaining to such amendment and to submit the amendment to
the City of Roanoke's 2019 - 2020 Annual Plan to HUD for final review and approval.
3. The City Manager is authorized to execute such subgrant agreements and
amendments with service providers as may be required pursuant to the amendment to
the 2019 - 2020 Annual Plan, and as may otherwise exceed the City Manager's authority
under Section 2 -124 of the Code of the City of Roanoke, as amended, such subgrant
agreements or amendments to be within the limits of funds provided for in such
amendment to the 2019 - 2020 Annual Plan and to be approved as to form and as to
execution by the City Attorney, all as more particularly set forth in the City Council
Agenda Report dated June 15, 2020, and the attachments to such report.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC
City Clerk
e, R—C�,;
Sherman P. Lea, Sr.
Mayor
93
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2020.
No. 41754- 061520.
AN ORDINANCE authorizing the City Manager to execute Amendment No. 1 to
the First Reinstated Agreement for the Exchange of Real Estate between the City of
Roanoke, Virginia ( "City) and Rutherfoord Partners, LLC ( "Developer ") dated
September 17, 2019 ( "Agreement ") to provide for (i) the sale and transfer of Campbell
Court, as described below, from the City to Developer; and (ii) the acquisition of the
Future Rail Station Parcels, as described below, by the City from Developer; and
dispensing with the second reading of this ordinance by title.
WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 41568-
091619, adopted on September 16, 2019, in which Council approved the terms of the
Agreement with the City and Developer;
WHEREAS, the City and Developer executed the Agreement which was dated
September 17, 2019;
WHEREAS, the Agreement provides for the transfer of Campbell Court from the
City to Developer in exchange for the transfer of the Future Rail Station Parcels from
Developer to the City;
WHEREAS, under the terms of the Agreement, the Approval Period expires on
June 30, 2020, and the Closing date is no later than June 30, 2020;
WHEREAS, all Parties have requested an extension of the Approval Period, as
defined in the Agreement, to complete its Approvals, and extend the Closing Date, as
defined in the Agreement to December 31, 2020, in form and substance acceptable to
the City and Developer; and
WHEREAS, the City and Developer desire to amend the Agreement to address
these matters in accordance with the terms of this Amendment No. 1.
follows: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
1. City Council hereby approves the terms of Amendment No. 1 to the
Agreement as set forth in the City Council Agenda Report dated June 15, 2020, which
Amendment No. 1 amends the Agreement approved by City Council by Ordinance
No. 41568-091619, adopted on September 16, 2019, and provides for certain
undertakings and obligations by the City and Developer.
A A"
2. The City Manager is hereby authorized on behalf of the City to execute
Amendment No. 1 to the Agreement, to amend certain terms of the Agreement to
extend the Approval Period to September 30, 2020, to allow for additional time for the
Parties to obtain their respective Approvals, and extend the Closing Date, as defined in
the Agreement, to not later than December 31, 2020, as set forth in the aforementioned
City Council Agenda Report. Amendment No. 1 to the Agreement is to be substantially
similar to the Amendment No. 1 attached to the Agenda Report.
3. The City Manager is further authorized on behalf of the City to negotiate
and execute such further documents and take such further actions related to this matter
and as may be necessary to implement, administer, and enforce the conditions and
obligations that must be met by the City and Developer pursuant to the Agreement and
Amendment No. 1.
4. The form of the documents referred to above and in the Agenda Report
are to be approved by the City Attorney.
5. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this Ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
cz4t,' - "
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
46�. - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2020.
No. 41755- 061520.
AN ORDINANCE authorizing the City Manager to execute Amendment No. 1 to
the First Reinstated Agreement for the Exchange of Real Estate between the City of
Roanoke, Virginia and Greater Roanoke Transit Company dated September 17, 2019
( "Agreement') to provide for (i) the sale and transfer of the GRTC Relocation Parcels,
as described below, to Greater Roanoke Transit Company ( "GRTC ") from the City of
Roanoke, Virginia ( "City "), and (ii) the acquisition of Campbell Cou described
rt, as desc
below, by the City from GRTC; and dispensing with the second reading c this
ordinance by title.
WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 41565-
091619, adopted on September 16, 2019, in which Council approved the terms of the
Agreement with the City and GRTC;
WHEREAS, the City and GRTC executed the Agreement which was dated
September 17, 2019;
WHEREAS, the Agreement provides for the transfer of the GRTC Relocation
Parcels from the City to GRTC in exchange for the transfer of Campbell Court,
consisting of 13 parcels within the City, together with improvements thereon, situated at
29 Campbell Avenue, S. W., Roanoke, Virginia and 30 Salem Avenue, S. W., Roanoke,
Virginia, and bearing Official Tax Map Nos. 1011105, 1011106, 1011107, 1011108,
1011109, 1011110, 1011116, 1011117 1011118, 1011119, 1011120, 1011122, and
1011129 (collectively, "Campbell Court"), from GRTC to the City;
WHEREAS, under the terms of the Agreement, the Approval Period expires on
June 30, 2020;
WHEREAS, all Parties have requested an extension of the Approval Period, as
defined in the Agreement, to complete their respective Approvals in form and substance
acceptable to the City and GRTC; and
WHEREAS, the City and GRTC desire to amend the Agreement to address
these matters in accordance with the terms of this Amendment No. 1.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
N•
1. City Council hereby approves the terms of Amendment No. 1 to the
Agreement as set forth in the City Council Agenda Report dated June 15, 2020, which
Amendment No. 1 amends the Agreement approved by City Council by Ordinance
No. 41565-091619, adopted on September 16, 2019, and provides for certain
undertakings and obligations by the City and GRTC.
2. The City Manager is hereby authorized on behalf of the City to execute
Amendment No. 1 to the Contract, to amend certain terms of the Agreement to extend
the Approval Period to September 30, 2020, to allow for additional time for the Parties to
obtain their respective Approvals, as set forth in the aforementioned City Council
Agenda Report. Amendment No. 1 to the Agreement is to be substantially similar to the
Amendment No. 1 attached to the Agenda Report.
3. The City Manager is further authorized on behalf of the City to negotiate
and execute such further documents and take such further actions related to this matter
and as may be necessary to implement, administer, and enforce the conditions and
obligations that must be met by the City and GRTC pursuant to the Agreement and
Amendment No. 1.
4. The form of the documents referred to above and in the Agenda Report
are to be approved by the City Attorney.
5. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this Ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
(24'd� $- mdot
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2020.
No. 41756- 061520,
A RESOLUTION authorizing the City Manager's issuance and execution of an
Amendment to the City's Contract with Ecotone, Inc. ( "Ecotone ") for a Bridge Access
Path for the Stream Restoration of the Lick Run Tributary of the Roanoke River that
runs through Washington Park; 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 Amendment 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 an Amendment to the City's Contract with Ecotone for a Bridge
Access Path for the Stream Restoration of the Lick Run Tributary of the Roanoke River
that runs through Washington Park, all as more fully set forth in the City Council Agenda
Report dated June 15, 2020.
2. The form of such Amendment shall be approved by the City Attorney.
3. Such Amendment will provide authorization for additions to the work, with
an increase in the amount of the Contract of $4,860.20, 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 Amendment 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:
0,C.C.� J,
F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2020.
No. 41757- 061520.
AN ORDINANCE to appropriate funding from the Commonwealth and private
grant for various educational programs, amending and reordaining certain sections of
the 2019 - 2020 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 2019 - 2020 School Grant Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Teacher Stipends
Social Security
VRS
State Life Insurance
Teacher Stipends
Social Security
VRS
State Life Insurance
Revenues
State Grant Receipts
302 - 110 - 0000 - 0390 -322Q- 61100 - 41129 -3 -10
302 - 110 - 0000 - 0390 — 322Q - 61100 - 42201 - 3 - 10
302 - 110 - 0000 - 0390 — 322Q - 61100 - 42202 - 3 - 10
302 - 110 - 0000 - 0390 — 322Q - 61100 - 42205 - 3 - 10
302 - 110 - 0000 - 1000 -322Q- 61100 - 41129 -3 -01
302 - 110 - 0000 - 1000 — 322Q - 61100 - 42201 - 3 - 01
302 - 110 - 0000 - 1000 — 322Q - 61100 - 42202 - 3 - 01
302 - 110 - 0000 - 1000 — 322Q - 61100 - 42205 - 3 - 01
$ 13,934.00
1,066.00
2,493.00
81.00
10,869.00
831.00
1,945.00
60.00
302 - 000 - 0000 - 0000 - 322P - 00000 - 32415 - 0 - 00 $ 31,279.00
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 4of te&t
04"'
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
o
Are
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2020.
No. 41758- 061520.
A RESOLUTION recognizing and commending the services rendered to this City
by Robert Brian Townsend as its Assistant City Manager for Community Development,
and expressing the gratitude and appreciation of the City and its people for his service.
WHEREAS, Mr. Townsend will retire from his position with the City as Assistant
City Manager for Community Development effective June 30 2020, following 13 years of
service in this capacity;
WHEREAS, prior to serving as Assistant City Manager for Community
Development, Mr. Townsend served as Director of the City's Planning, Building, and
Development Department from 2002 to 2007, as well as Director of the Economic
Development Department from 2005 to 2007;
WHEREAS, before coming to the City, Mr. Townsend served for 13 years with
the City of Norfolk, Virginia, rising to the position of Manager of the Development
Services Bureau in the Department of Planning;
WHEREAS, during a portion of 2017, when the City was without a permanent
City Manager, Mr. Townsend served as Acting City Manager, carrying out the duties of
the City Manager, along with his continued leadership of the departments managed
under Community Development;
WHEREAS, during his tenure, Mr. Townsend provided leadership for a number
of important capital projects including the Roanoke City Market Building renovation; the
Market Square renovation; the renovation of the Main Library, and the Raleigh Court,
Williamson Road, Melrose, and Gainsboro Library Branches, as well as E- branches in
Valley View Mall and in the South Roanoke neighborhood; the Elmwood Park
Improvement Project; and the Carilion Clinic Children's Hospital Playground at Elmwood
Park;
WHEREAS, under Mr. Townsend's leadership, the Planning, Building, and
Development Department updated the Downtown Roanoke Plan and in FY2019,
facilitated PlanRoanoke, a process to update the City's Comprehensive Plan for the
next 20 years;
100
WHEREAS, with Mr. Townsend's supervision, the Parks and Recreation
Department became nationally accredited in 2008, and earned re- accreditation in 2018;
underwent a major relocation, moving their offices from Reserve Avenue to the North
wing of the Municipal Building; launched the Go Outside Festival in 2011, a free
weekend festival for outdoor enthusiasts that has grown to more than 30,000
participants each year; saw the successful growth and expansion of the City's greenway
system to six greenways; and opened the City's first Dog Park in Highland Park in 2009,
followed by a second Dog Park in Thrasher Park in 2015;
WHEREAS, Mr. Townsend worked with the City's Arts and Culture staff to
develop the "Art for Everyone: Roanoke Public Art Plan," and supported displays of art
in public spaces throughout the City, including Art in Roanoke temporary sculpture
exhibits on the Elmwood Park Artwalk, as well as sculptures at City Library Branches,
and murals in City neighborhoods;
WHEREAS, working with City leadership, Mr. Townsend facilitated the transition
in management of the Roanoke City Market Building to the Market Building Foundation;
WHEREAS, Mr. Townsend coordinated the management of the City's parking
system through a private company;
WHEREAS, under Mr. Townsend's leadership of the Community Development
departments, the City garnered awards and recognitions including the 2012 and 2017
All- America City Awards, and the All-America City Hall of Fame Award in 2019; the
2014 U.S. Conference of Mayors Outstanding Achievement Award for the Parks and
Arts Program; and the 2015 Virginia Statewide Neighborhood Conference "Project of
the Year" award for the West End Target Area project;
WHEREAS, under Mr. Townsend's leadership, numerous economic development
projects throughout the City were completed including the Market Garage Hotel, the
redevelopment of the former Ukrops project on Franklin Road, the RAMP incubator, and
the expansion of the greenway infrastructure;
WHEREAS, Mr. Townsend has represented the City on a number of boards and
committees including the Hotel Roanoke Conference Center Commission; the Western
Virginia Regional Industrial Facility Authority Board of Directors; Virginia's First Regional
Industrial Facility Authority, and New River Valley Commerce Park Participation
Committee and
WHEREAS, Mr. Townsend has served the City of Roanoke with the highest
professionalism and competence throughout his tenure, exhibiting intelligence, skill, and
a strong work ethic in service to the City, its people, and businesses.
101
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows.
1. This Council adopts this Resolution as its means of recognizing and
commending the meritorious services rendered to the City of Roanoke and its people by
Robert Brian Townsend, Assistant City Manager for Community Development,
expressing the gratitude and appreciation of the City and its residents for his service.
2. The City Clerk is directed to forward an attested copy of this resolution to
Robert Brian Townsend.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC
City Clerk Sherman P. Lea, Sr.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15" day of June, 2020.
No. 41759- 061520.
AN ORDINANCE adopting and reaffirming the real property tax rate as set forth
in Article II of Chapter 32 of the Code of the City of Roanoke and dispensing with the
second reading by title of this ordinance.
WHEREAS, pursuant to Section 58.1 -3321, Code of Virginia (1950), as
amended, City Council held a public hearing on May 28, 2020, regarding the proposed
real estate tax rate for FY 2020 - 2021 in the amount of $1.22 for every $100 of fair
market value of such property, because such tax rate would result in an increase of one
percent or more from the previous fiscal year's real property tax levies.
follows: THEREFORE BE IT ORDAINED by the Council of the City of Roanoke as
102
1. Pursuant to Section 58.1 -3321, Code of Virginia (1950), as amended, City
Council deems it necessary to adopt and reaffirm the proposed real estate property tax
rate of $1.22 for every $100 of fair market value of such property, and City Council
hereby adopts and reaffirms the real estate tax rate of $1.22 for every $100.00 of fair
market value of such property, as more particularly set forth in Section 32 -16, Code of
the City of Roanoke (1979), as amended, together with all other real estate tax rates as
set forth in Article II of Chapter 32, Code of the City of Roanoke (1979), as amended. As
provided for in Article II of Chapter 32, Code of the City of Roanoke (1979), as
amended, the real estate tax rates shall be effective for the tax year commencing July 1,
2020, and for each tax year thereafter.
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:
0'6� -'�- 4X464?�_
Cecelia F. McCoy, CMC
City Clerk
�l
Sherman P. Lea, r.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2020.
No. 41760- 061520.
AN ORDINANCE adopting the annual General, Stormwater Utility, Civic
Facilities, Parking, Risk Management, School General, and School Food Services
Appropriations of the City of Roanoke for the fiscal year beginning July 1, 2020, and
ending June 30, 2021; 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, Risk Management, School General, School
Food Services and Grant Funds, and State Asset Sharing Program in the fiscal year
beginning July 1, 2020, and ending June 30, 2021, shall constitute General, Stormwater
Utility, Civic Facilities, Parking, Risk Management, School General, and School Food
Services, 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:
O
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 $ 3,320,364.00
Jail 16,090,401.00
Commonwealth's Attorney $ 1,740,947.00
Cost Collections Unit 86,350.00
103
$ 125,938,851.00
75,798,117.00
1,024,800.00
1,019,200.00
75,926,839.00
17,080,564.00
810, 629.00
$ 298,065,000.00
$ 2,050,530.00
1, 763, 030.00
1,154, 512.00
11, 702.00
4,500.00
17,182.00
531,292.00
1,459,083.00
19,410,765.00
1,827,297.00
104
City Council
Mayor Lea
Vice -Mayor Cobb
Council Member Price
Council Member Bestpitch
Council Member Davis
Council Member Osborne
Council Member White -Boyd
222,122.00
6,000.00
2,620.00
4,652.00
2,380.00
2,380.00
2,380.00
2,380.00
244,914.00
City Attorney 1,034,765.00
City Clerk 493,126.00
Municipal Auditing 844,368.00
Department of Finance $
2,253,172.00
Department of Management and Budget
2,435,486.00
Real Estate Valuation
1,247,340.00
Board of Equalization
8,501.00
5,944,499.00
Residual Fringe Benefits
3,749,518.00
Transfers to School Fund
82,788,981.00
Transfers to Greater Roanoke Transit Company
1,773,432.00
Transfers to Debt Service Fund
13,758,085.00
Transfer to Other Funds
4,415,698.00
Transfer to Civic Admission Tax
360,000.00
Funding for Reserves
1,530,620.00
Electoral Board
633,585.00
City Manager
969,036.00
Citizen Engagement
573,886.00
Memberships and Affiliations
2,651,378.00
Personnel Lapse
(2,258,633.00)
Contingency
1,550,000.00
Roanoke Arts Commission
336,500.00
Economic Development
3,130,871.00
Human Resources
Employee Health Services
Technology - Operating
Technology - Capital Outlay
Radio Technology - Operating
E911 Center
E911 Wireless
E911/VA811 Share Expenses
Purchasing
Director of General Services
Sustainability
Risk Management Operating
Fleet Operating Expenses
Fleet Capital Outlay
Custodial Services
Building Maintenance
Fire Administration
Fire Support
Fire Operations
Emergency Management
TWO
Environmental Management
Director of Public Works
Transportation - Streets and Traffic
Transportation — Paving
Transportation - Snow Removal
Transportation - Street Lighting
Transportation - Engineering & Operations
Solid Waste Management
Engineering
Building Inspections
Planning and Development
Neighborhood Services
105
$ 1,576,692.00
854,821.00 2,431,513.00
$ 4,464,183.00
1,000,000.00
516,499.00
2,564,339.00
524,180.00
391,458.00 9,460,659.00
$ 574,521.00
238,208.00
1,285, 712.00
4,358,419.00
2,450,569.00
731,954.00
4, 668, 621.00 14, 308, 004.00
$ 761, 703.00
1,148, 920.00
18,612,065.00
113,140.00 20,635,828.00
$ 416,096.00
172,973.00
3, 709, 703.00
4,239,924.00
169,233.00
1,268,221.00
1, 748, 768.00
6,188,461.00
1,213,122.00 19,126,501.00
$ 775, 739.00
1,519,997.00
1,147,166.00 3,442,902.00
106
Parks & Recreation Administration
Landscape Management
Park Management
Community Recreation
Urban Forestry
Outdoor Recreation
Athletics
Youth Development
Greenways and Trails
Human Service Support
Outreach Detention
Youth Haven
VJCCCA Enhance Community Services
VJCCCA Substance Abuse Services
Health Department
Mental Health
Human Services Advisory Board
Social Services
Comprehensive Services Act (CSA)
Police Administration
Police Investigation
Police Patrol
Police Services
Police Training
Police Animal Control
Libraries
Law Library
Virginia Cooperative Extension
Total Appropriations
$ 1,440,129.00
843,054.00
839,939.00
330,429.00
634,497.00
431,206.00
471,090.00
514,054.00
301,191.00 5,805,589.00
$ 296,735.00
312,728.00
416,837.00
79,259.00
63,679.00
1,755,492.00
601,671.00
430,000.00
26,678,930.00
12,675,687.00 43,311,018.00
$ 2,226,709.00
3,006,294.00
12,828,274.00
2,372,971.00
702,333.00
1,643,827.00 22,780,408.00
$ 3,806,848.00
133,632.00
67,576.00 4,008,056.00
$ 298,065,000.00
107
Stormwater Utility Fund
Operating
Revenues
Non - Operating
10,397,944.00
Operating
2,268,828.00
Total Revenues
$
6,158,022.00
Operating Expenses
$
6,158,022.00
Appropriations
Total A
Appropriations
1,827,567.00
Operating
$ 12,666,772.00
Parking Fund
Debt Service
$
5,426,988.00
Total Appropriations
731,034.00
$ 3,785,000.00
$
6,158,022.00
Civic Facilities Fund
Revenues
Operating
Non - Operating
10,397,944.00
Total Revenues
2,268,828.00
$ 12,666,772.00
Appropriations
Operating Expenses
Debt Service
$ 10,839,205.00
Total A
Appropriations
1,827,567.00
$ 12,666,772.00
Parking Fund
Revenues
Operating
Total Revenues
$ 3,785,000.00
$ 3,785,000.00
Appropriations
Campbell Garage
$ 147,655.00
Market Garage
205,821.00
Elmwood Park Garage
135,763.00
Center in the Square Garage
232,380.00
Church Avenue Garage
279,555.00
Tower Garage
276,049.00
Gainsboro Garage
172,641.00
Market Lot
18,386.00
Elmwood Lot
32,833.00
Warehouse Row Lot
18,468.00
Higher Ed Center Lot
27,769.00
Operating
972,494.00
Debt Service
1,265,186.00
Total Appropriations
$ 3,785,000.00
Risk Management Fund
Revenues
Operating $ 18,296,337.00
Total Revenues $ 18,296,337.00
Appropriations
Risk Management - Other Expenses $ 18,296,337.00
Total Appropriations $ 18,296,337.00
School General Fund
Revenues $ 184,003,692.00
Appropriations $ 184,003,692.00
School Food Services Fund
Revenues
Appropriations
$ 9,665,112.00
$ 9,665,112.00
2. That all salaries and wages covered by the Pay Plan, paid from the
appropriations herein, shall be paid in accordance with the provisions thereof.
3. That the Director of Finance be, and she is hereby authorized and directed
to transfer between accounts such appropriations and wages for the labor force as may
be necessary to cover cost of labor performed by one department for another.
4. That funding for all outstanding encumbrances, at June 30, 2020, are re-
appropriated to the 2020 -21 fiscal year to the same department and account for which
they are encumbered in the 2019 -20 fiscal year.
5. That this ordinance shall be known and cited as the 2020 - 2021 General,
Stormwater Utility, Civic Facilities, Parking, Risk Management, School General, and
School Food Services Appropriation Ordinance.
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:
ozCj-& a*- YAe- 061-t
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
110
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2020.
No. 41761- 061520.
A RESOLUTION endorsing the update to the Capital Improvement Program
submitted by the City Manager in the City Council Agenda Report of June 15, 2020.
WHEREAS, by City Council Agenda Report of June 15, 2020, the City Manager
has presented an update to the City's Five -Year Capital Improvement Program for
Fiscal Years 2021 - 2025 in the recommended amount totaling $167,720,908.00;
WHEREAS, the Capital Improvement Program and the funding recommendation
for projects is affordable and consistent with previous discussions by City Council and
actions taken by City Council; and
WHEREAS, this Council is desirous of endorsing the recommended update to
the Capital Improvement Program;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this
Council endorses and concurs in the recommendations of the City Manager for a certain
update to the Five -Year Capital Improvement Program for the City of Roanoke for Fiscal
Years 2021 - 2025, and the related funding recommendations, as set out in the City
Council Agenda Report dated June 15, 2020,
APPROVED
ATTEST:
cttt" J. V)4-10t
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
111
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2020.
No. 41762- 061520.
AN ORDINANCE to appropriate funding for the FY 2021 - 2025 Update to the
Capital Improvement Program, amending and reordaining certain sections of the 2021
General, Capital Projects, and Grant Funds Appropriations, and dispensing with the
second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2021 General, Capital Projects, and Grant Funds Appropriations be, and
the same are hereby, amended and reordained to read and provide as follows.
General Fund
Appropriations
Miscellaneous
Transfer to Capital Projects Fund
Overtime — Comm of Rev
FICA — Comm of Rev
Fees for Prof Sery — Electoral Board
Miscellaneous — Electoral Board
Temp Wages — Electoral Board
FICA — Electoral Board
Advertising — Electoral Board
Local Mileage — Electoral Board
Business Meals & Travel — Electoral Board
Postage — Electoral Board
Equip Rental /Lease — Electoral Board
Reg Employee Salaries - PBD
Capital Proiects Fund
Appropriations
Bridge Maintenance
Contingency
Percent for Arts
Revenues
Transfer from General Fund
01- 300 - 9410 -2170
01- 250 - 9310 -9508
01- 130- 1233 -1003
01- 130- 1233 -1120
01- 260- 1310 -2010
01- 260- 1310 -2170
01 -260- 1310 -1004
01 -260- 1310 -1120
01 -260- 1310 -2015
01- 260- 1310 -2046
01- 260- 1310 -2144
01 -260- 1310 -2160
01- 260 -1310 -3070
01- 610- 8110 -1002
08- 530 - 9552 -9003
08- 530 - 9575 -9220
08- 310- 9274 -9003
08- 110- 1234 -1037
$821,317.00
(1,135,026.00)
5,465.00
418.00
96,375.00
26, 980.00
62, 328.00
4,768.00
1,500.00
675.00
200.00
1,770.00
740.00
112,490.00
$ 418,686.00
278,192.00
20,800.00
$ 717,678.00
112
Grant Fund
Appropriations
EZ 1 -A Commercial Fagade Program 35- 310 - 8325 -5657 $ 100,000.00
Revenue
Enterprise Zone 1 -A City Funded
Grants 35- 300 - 8325 -8325 $ 100,000.00
APPROVED
ATTEST:
0 • L
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2020.
No. 41763- 061520.
A RESOLUTION approving the 2020 - 2024 Consolidated Plan (Consolidated
Plan) and 2020 - 2021 Annual Plan (Annual Plan); authorizing the City Manager, or the
City Manager's designee, to submit the approved Consolidated Plan and 2020 - 2021
Annual Plan to the United States Department of Housing and Urban Development
(HUD) for final review and approval; and authorizing the execution of all necessary
documents pertaining to such Consolidated Plan and Annual Plan.
WHEREAS, in order to receive Community Development Block Grant (CDBG),
HOME Investment Partnership (HOME), and Emergency Solutions Grant (ESG)
entitlement funding, HUD requires that entitlement localities such as the City of
Roanoke submit a Consolidated Plan every 5 years, and annual updates to the
Consolidated Plan thereafter,
113
.. WHEREAS, the current five year Consolidated Plan will expire on June 30, 2020;
WHEREAS, opportunities for community input regarding the Consolidated Plan,
which included the Annual Plan, have been provided the public through means which
included direct outreach through a public input session held November 14, 2019, use of
social media and online surveys to establish goals and objectives, links to the City's
webpage, a 30 -day public review and comment period from May 11, 2020 through
June 12, 2020; and a public hearing on May 28, 2020;
WHEREAS, due to the COVID -19 disaster, HUD granted the City of Roanoke an
extension of time until August 16, 2020, to approve the Consolidated Plan and Annual
Plan Update and to send the same to HUD for final review and approval in order to
receive such entitlement funding.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. The 2020 - 2021 Consolidated Plan, and the 2020 - 2021 Annual Plan are
hereby approved.
2. The City Manager, or the City Manager's designee, is hereby authorized
for and on behalf of the City, to submit the approved Consolidated Plan to HUD for final
review and approval, and to execute all documents pertaining to such Consolidated
Plan, such documents to be approved as to form by the City Attorney.
3. The City Manager, or the City Manager' s designee, is hereby authorized,
for and on behalf of the City, to submit the approved Annual Plan to HUD for final review
and approval, and to execute all necessary documents pertaining to such Annual Plan,
such documents to be approved as to form by the City Attorney.
114
4. The City Manager is authorized to execute such subgrant agreements and
amendments as maybe required pursuant to the Annual Plan, and as may otherwise
exceed the City Manager's authority under Section 2 -124 of the Code of the City of
Roanoke, as amended, such subgrant agreements or amendments to be within the
limits of funds provided for in the Consolidated Plan and the Annual Plan, and to be
approved as to form and as to execution by the City Attorney, all as more particularly
set forth in the City Manager's City Council Agenda Report dated June 15, 2020, to this
Council.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15t' day of June, 2020.
No. 41764- 061520.
AN ORDINANCE to adopt and establish a Pay Plan for officers, employees,
Council appointed officers and Constitutional Officers of the City effective July 1, 2020;
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, 2020, the Pay Plan hereinafter set out in its entirety,
which shall read and provide as follows:
C�
Um
115
2. Pursuant to §2 -68, Code of the City of Roanoke (1979), as amended,
effective July 1, 2020, 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. The City Manager is authorized to establish an Employee Certification
Program to provide employees who obtain certain certifications approved by the City
Manager to receive an annual salary increase to the employee's base salary for so long
as that employee maintains such certification.
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.
116
5. For the fiscal year beginning July 1, 2020, and ending June 30, 2021, 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
City Manager
City Attorney
City Clerk
Municipal Auditor
ANNUAL SALARY
$209,609.92
$179,917.14
$ 93,500.00
$124,976.02
6. In no calendar year shall amounts of deferred compensation contributed
by the City on behalf of the Council appointed officers exceed the maximum amount
permitted by the Internal Revenue Code and IRS regulations to be deferred on a tax -
free basis annually.
7. The Director of Finance shall 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 payday 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 457, on behalf of the City Manager. The
sum shall be paid in equal quarterly installments on the first pay day of each calendar
quarter. The Director of Finance shall also continue to pay the City Manager such other
benefits as set forth in his employment contract.
9. The Director of Finance shall be authorized, for and on behalf of the City,
to execute any documents required by the City's third party administrator for deferred
compensation to implement this Ordinance.
10. 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.
117
11. 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 I
Appraiser II $ 2,000
$ 2,000
Assistant City Managers
$ 2,000
(unless City Manager has assigned a City vehicle
to the individual Assistant City Manager)
City Attorney
$ 2,500
City Clerk
$ 2,500
Deputy Director of Real Estate Valuation
$ 2,000
Director of Economic Development
$ 2,000
Director of Finance
$ 2,000
Director of Planning, Building and Development
$ 2,000
Director of Real Estate Valuation
$ 2,000
Municipal Auditor
$ 2,500
Residential Appraiser Analyst
$ 2,000
Supervising Appraiser
$ 2,000
Business License Inspector Auditor
$ 2,000
Tax Compliance Auditor
$ 2,000
Tax Compliance Administrator
$ 2,000
Sr. Tax Compliance Administrator
$ 2,000
Chief Deputy Commissioner of Revenue
$ 2,000
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.
12. 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.
ifiE3.
13. 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.
14. The City Manager is authorized to create a merit pay program for
Firefighter /Emergency Medical Technicians who attain various levels of EMT
certification higher than EMT basic as set forth in Paragraph 14 above. The base salary
increases for the corresponding EMT certification shall be as follows:
Advanced EMT $1,500 total annually
EMT -I $4,000 total annually
Paramedic $5,500 total annually
The base salary increases set forth in this paragraph shall be payable on a bi- weekly
basis. If a qualified employee is receiving an EMT pay supplement, pursuant to the
provisions of Paragraph No. 13 or is receiving pay for one of the certifications listed in
this paragraph, and obtains a higher certification and qualifies for a pay increase under
this paragraph, that employee shall only receive the pay increase equal to the difference
between their current level of certification and their highest certification obtained.
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.
R'
119
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 $1,095.00 to
$5,228.00, 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 sala
basis. ry, payable on a bi- weekly
22. 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
respectively. New appointees will be required to attain certification within Program,
one year of
the date of appointment.
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
be awarded to members of the Architectural Review Board.
24. Any pay supplement provided in this Ordinance shall be combined with an
employee's base salary when computing overtime. However, if a pay supplement
provided in this Ordinance should cause an officer or employee to exceed the maximum
annual pay range for such officer's or employee's position, such officer or employee
shall still receive the full amount of such pay supplement provided in this Ordinance.
120
V
25. Regular full -time, permanent, City employees who donate to the 2021
United Way Campaign will earn paid leave as follows:
Donation Per Pay Period
Total Paid Leave Allotted
$5.00 per pay period/
4.0 hours of leave
$130.00 per year
$10.00 per pay period/
8.0 hours of leave
$260.00 per year
Permanent part -time employees who donate to the 2021 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 2021 United Way Campaign will earn paid leave as follows:
Donation Per Pay Period
Total Paid Leave Allotted
$5.00 per pay period/
6.0 hours of leave
$130.00 per year
$10.00 per pay period/
12.0 hours of leave
$260.00 per year
All time earned through donations to the 2020 United Way Campaign must be
used by June 28, 2021.
26. Each employee of the Sheriff's office who meets qualifications for Master
Deputy Sheriff or Master Deputy Sheriff II and has been appointed such by the Sheriff
shall receive an annual pay increase of five percent (5 %) of the employee's base salary,
payable on a bi- weekly basis so long as that employee continues to be qualified and
assigned as a Master Deputy Sheriff or Master Deputy Sheriff II. This increase shall be
capped at no more than five percent (5 %) above the pay range maximum for Deputy
Sheriff or Deputy Sheriff II.
27. Each employee of the Sheriff's Office who meets the qualifications for
Mental Health Specialist is to be accorded an annual pay supplement of $1,500.00,
payable on a bi- weekly basis as long as they retain the appropriate qualifications
established by the Sheriff and are assigned to the Intake Section of the Jail.
28. 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, 2020 and June 30, 2021, 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.
121
_# 29. The City Manager is authorized to pay the employees in certain positions
incentive pay based upon the incentive plan adopted by the Civic Center, known as the
Berglund Center, for each budget year.
30. The City Manager is authorized to award performance pay increases up to
five percent (5 %) of an employee's base salary to those City employees that exhibit
exceptional performance in their duties as permitted by Section 15.2 -1508, Code of
Virginia (1950), as amended.
31. The provisions of this Ordinance shall be in full force and effect on and
after July 1, 2020.
32. Pursuant to §12 of the Roanoke City Charter, the second reading of this
Ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Cecelia F . McCoy,
y CMC
City Clerk Sherman P. Lea, Sr.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2020.
No. 41765- 061520.
AN ORDINANCE authorizing the alteration and closing by barricade of certain
public right -of -way in the City of Roanoke located on 1619 Shenandoah Avenue, N. W.,
between 16th Street and 17th Street, as more particularly described hereinafter; and
dispensing with the second reading of this ordinance by title.
WHEREAS, Eric Ferris filed an application with the Council of the City of
Roanoke, Virginia ( "City Council "), in accordance with law, requesting City Council to
alter and close by barricade the public right -of -way described hereinafter; and
122
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; and
WHEREAS, public hearing was held on such application by City Council on
June 15, 2020, 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; and
WHEREAS, it appearing from the foregoing that the land proprietors affected by
the requested closure by barricade of the subject public right -of -way have been properly
notified; and
WHEREAS, from all of the foregoing, City Council considers that no substantial
inconvenience will result to any individual or to the public from altering and closing by
barricade of such public right -of -way, and that such alteration will promote the safety
and welfare of those using the subject public right -of -way and the right -of -way in the
vicinity of the right -of -way to be closed.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia,
that the public right -of -way situated in the City of Roanoke, Virginia, and more
particularly described as follows:
a portion of an alley between 16th Street, N. W., and 17th Street, N. W.,
adjacent to 1619 Shenandoah Avenue, N. W.,
be, and hereby is, altered and closed by way of a barricade, as described in such
Application.
BE IT FURTHER ORDAINED that closure of the subject right -of -way shall be
subject to the following conditions:
1. The applicant shall modify the erected barricades to add Knox Padlocks
that properly allow cross access for emergency responders and to add
signage at each gate that lists contact information to gain access when
needed for the utilities in the alley. The applicant shall install any utility
markers as requested by utility providers and allow access to utility
providers when requested.
2. The erected barricades and the required modifications are subject to
inspection by the City, including the Fire Marshall's Office.
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3. The applicant is responsible for all costs associated with such barricade.
4. City Council retains the authority to authorize removal of the barricade.
BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to
mark "Altered and Closed by Barricade" on said right -of -way on all maps and plats on
file in his office on which said rights -of -way are shown, referring to the book and page of
ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this
Ordinance shall be spread.
BE IT FURTHER ORDAINED that the City Clerk deliver to the Clerk of the Circuit
Court of the City of Roanoke, Virginia, an attested copy of this ordinance in order that
said Clerk may make proper notations, if any, of the alteration and closing by barricade
as described above on all maps and plats recorded in that office on which the portion of
an alley between 16th Street, N. W., and 17th Street, N. W., and adjacent to
1619 Shenandoah Avenue, N. W., appears.
BE IT FURTHER ORDAINED that if the above conditions have not been met
within a period of sixty (60) days from the date of the adoption of this ordinance, then
such ordinance will be null and void with no further action by City Council being
necessary, unless extended by the Agent for the Planning Commission for an additional
six (6) months prior to the end of the one year period.
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.
ATTEST:
04". - S yxo- 6T
Cecelia F. McCoy, CMC
City Clerk
APPROVED
Sherman P. Lea, Sr. ,
Mayor
124
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2020.
No. 41766- 061520.
AN ORDINANCE permanently vacating, discontinuing and closing a public right -
of -way in the City of Roanoke located between Sylvan Road, S. E., and Ivy
Street, S. E., and adjacent to properties located at 1320 Ivy Street, S. E., 601 Camilla
Street, S. E., and 615 Camilla Street, S. E., as more particularly described hereinafter;
and dispensing with the second reading of this ordinance by title.
WHEREAS, Leigh P. Huff, Jr., filed an application with the Council of the City of
Roanoke, Virginia ( "City Council "), in accordance with law, requesting City Council to
permanently vacate, discontinue and close a certain public right -of -way described
hereinafter;
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by §30 -14, Code of the City of Roanoke (1979), as amended,
and after having conducted a public hearing on the matter, has made its
recommendation to Council;
WHEREAS, a public hearing was held on such application by City Council on
June 15, 2020, after due and timely notice thereof as required by §30 -14, Code of the
City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens
were afforded an opportunity to be heard on such application;
WHEREAS, it appearing from the foregoing that the land proprietors affected by
the requested closing of the subject public right -of -way have been properly notified; and
WHEREAS, from all of the foregoing, City Council considers that no
inconvenience will result to any individual or to the public from permanently vacating,
discontinuing and closing such public right -of -way.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia,
that the public right -of -way situated in the City of Roanoke, Virginia, and more
particularly described as follows:
undeveloped alley adjacent to properties at 1320 Ivy Street, S. E.,
601 Camilla Street, S. E., and 615 Camilla Street, S. E.
3
125
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 IF FURTHER ORDAINED that closure of the subject right -of -way shall be
subject to the following conditions:
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, such plat shall combine all properties which
would otherwise dispose of the land within the right -of -way to be vacated in a manner
consistent with law, and retain appropriate easements for the installation and
maintenance of any and all existing utilities that may be located within the right -of -way,
including 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.
Official Tax Map Nos. 4050202 and 4041502 will be combined in such a manner as to
create one tax parcel that contains both the accessory structure and the primary
structure.
BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other
conditions to the granting of the application, deliver to the Clerk of the Circuit Court of
the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where
deeds are recorded in such Clerk's Office, indexing the same in the name of the City of
Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any
other parties in interest who may so request, as Grantees, and pay such fees and
charges as are required by the Clerk to effect such recordation.
126
BE IT FURTHER ORDAINED that the applicant shall, upon recording a certified
copy of this ordinance with 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 will be null and void with no further action by City Council being necessary,
unless extended by the Agent for the Planning Commission for an additional six (6)
months prior to the end of the one year period.
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:
f * J : cf2e
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2020.
No. 41767- 061520.
AN ORDINANCE permanently vacating, discontinuing and closing a public right -
of -way in the City of Roanoke located at the rear of the property located at 374 Day
Avenue, S. W., as more particularly described hereinafter; and dispensing with the
second reading of this ordinance by title.
WHEREAS, Mary D. Hylton 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;
127
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by §30 -14, Code of the City of Roanoke (1979), as amended,
and after having conducted a public hearing on the matter, has made its
recommendation to Council;
WHEREAS, a public hearing was held on such application by City Council on
June 15, 2020, after due and timely notice thereof as required by §30 -14, Code of the
City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens
were afforded an opportunity to be heard on such application;
WHEREAS, it appearing from the foregoing that the land proprietors affected by
the requested closing of the subject public right -of -way have been properly notified; and
WHEREAS, from all of the foregoing, City Council considers that no
inconvenience will result to any individual or to the public from permanently vacating,
discontinuing and closing such public right -of -way.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia,
that the public right -of -way situated in the City of Roanoke, Virginia, and more
particularly described as follows:
the undeveloped alley at the rear of property located at 374 Day
w Avenue, S. W., such alley was platted as 10 feet wide and extends
perpendicular from the existing alley 55 feet. The existing alley is 15 feet
wide and extends from Franklin Road, S. W., to 4th Street, S. W.,
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 applicant shall submit to the Subdivision
Agent, receive all required approvals of, and record with the Clerk of the Circuit Court
for the City of Roanoke, a subdivision plat, with such plat combining all properties which
would otherwise dispose of the land within the right -of -way to be vacated in a manner
consistent with law, and retaining appropriate easements, together with the right of
ingress and egress over the same, for the installation and maintenance of any and all
existing utilities that may be located within the right -of -way.
BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other
conditions to the granting of the application, deliver to the Clerk of the Circuit Court of
the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where
deeds are recorded in such Clerk's Office, indexing the same in the name of the City of
Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any
other parties in interest who may so request, as Grantees, and pay such fees and
charges as are required by the Clerk to effect such recordation.
BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of
this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke,
Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for
the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation
has occurred.
BE IT FURTHER ORDAINED that if the above conditions have not been met
within a period of one year from the date of the adoption of this ordinance, then such
ordinance shall be null and void with no further action by City Council being necessary.
BE IT FINALLY ORDAINED that pursuant to the provisions of §12 of the City
Charter, the second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
ae . -
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
129
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2020.
No. 41768- 061520.
AN ORDINANCE rezoning certain property located at 4822 Valley View
Boulevard, N. W., from CLS, Commercial -Large Site District, to MXPUD, Mixed Use
Planned Unit Development District; and dispensing with the second reading of this
ordinance by title.
WHEREAS, Jeffery Curry, Chief Legal Officer, on behalf of Valley View Mall
SPE, LLC, has made application to the Council of the City of Roanoke, Virginia ( "City
Council "), to have the property located at 4822 Valley View Boulevard, N. W., bearing
Official Tax Map No. 2370107, rezoned from CLS, Commercial -Large Site District, to
MXPUD, Mixed Use Planned Unit Development District;
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to
City Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on June 15, 2020, 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 property located at 4822 Valley View
Boulevard, N. W., bearing Official Tax Map No. 2370107, be and is hereby REZONED
from CLS, Commercial -Large Site District, to MXPUD, Mixed Use Planned Unit
Development District, as set forth in the Zoning Amendment, Amended Application
No. 2, dated March 30, 2020.
130
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:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2020.
No. 41769- 061520.
AN ORDINANCE amending Ordinance No. 40614 - 081516, adopted August 15,
2016, to the extent that it placed certain conditions on property located at 2102 Grandin
Road S. W., bearing Official Tax Map No. 1460101; and amending the applicable
Planned Unit Development Plan pertaining to the aforementioned property; and
dispensing with the second reading of this Ordinance by title.
WHEREAS, Richard A. Rife, on behalf of the School Board for the City of
Roanoke, has made application to the Council of the City of Roanoke, Virginia ( "City
Council "), to amend Ordinance No. 40614-081516, adopted August 15, 2016, to the
extent that it placed certain conditions on property located at 2102 Grandin Road S. W.,
bearing Official Tax Map No. 1460101; and to amend the Planned Unit Development
Plan pertaining to such 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
Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on June 15, 2020, 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 as described herein; and
131
WHEREAS, City Council, after considering the aforesaid application, the
recommendation made to this Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, finds that the
public necessity, convenience, general welfare and good zoning practice, require the
actions sought and described in this ordinance and the Zoning Amendment, Amended
Application No. 3, dated June 09, 2020, as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Ordinance No. 40614 - 081516, adopted August 15, 2016, to the extent that
it placed certain conditions on property located at 2102 Grandin Road S. W., bearing
Official Tax Map No. 1460101, is hereby AMENDED as set forth in the Zoning
Amendment, Amended Application No. 3, dated June 9, 2020, and that §36.2 -100,
Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of
Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such
action.
2. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, is hereby AMENDED to reflect the amendment of the Planned Unit
Development Plan, as it pertains to the property located at 2102 Grandin Road S. W.,
bearing Official Tax Map No. 1460101, as set forth in the Zoning Amendment, Amended
Application No. 3, dated June 9, 2020.
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:
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
132
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2020.
No. 41770- 061520.
AN ORDINANCE amending and reordaining Section 20 -131, Definitions, age of
operation, Division 1, Generally, Article VII, Mopeds, Bicycles and Electric Power -
Assisted Bicycles, of Chapter 20, Motor Vehicles and Traffic, of the Code of the City of
Roanoke (1979), as amended; amending and reordaining Article VII, Mopeds, Bicycles
and Electric Power - Assisted Bicycles, of Chapter 20, Motor Vehicles and Traffic, by
adding a new Division 5, Electric Power - Assisted Bicycles Electric Personal Assistive
Mobility Devices, Electric Personal Delivery Devices Electrically Powered Toy Vehicles
And Motorized Skateboards Or Scooter, Article VII, Mopeds, Bicycles and Electric
Power - Assisted Bicycles, of Chapter 20, Motor Vehicles and Traffic, of the Code of the
City of Roanoke (1979), as amended; and amending and reordaining Section 24 -94,
Motor vehicle and bicycles to be operated or ridden only on designated roadways or
areas, Article IV, Parks, Chapter 24, Public Buildings and Property Generally, of the
Code of the City of Roanoke (1979), as amended, in order to implement changes
mandated by the General Assembly and to permit all classes of electric power- assisted
bicycles on shared -use paths, and natural surface trails within the City and Carvins
Cove Natural Reserve; providing for effective dates; and dispensing with the second
reading of this ordinance by title.
WHEREAS, the General Assembly has adopted classifications and regulations of
certain electric powered transportation machines, as codified in Sections 46.2 -100,
46.2 -904.1 and 46.2- 908.1, of the Code of Virginia (1950) as amended, and these City
Code Amendments are intended to implement said classifications and regulations;
WHEREAS, the proposed amendments to Section 20 -131 and new
Sections 20 -165 and 20 -166 of the Code of the City of Roanoke (1979), as amended,
implement the new classifications and regulations of certain electric powered
transportation machines, in particular, they define three different classes of electric
power- assisted bicycles;
WHEREAS, a proposed amendment to Section 24 -94 conforms City Code to
current City Policy that bicycles are allowed on shared -use paths in the City, known as
Greenways;
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
133
Section 20 -131, Definitions, age of operation, Division 1, Generally, Article
VII, Mopeds, Bicycles and Electric Power - Assisted Bicycles, of Chapter 20, Motor
Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended, is hereby
amended and reordained to read and provide as follows:
Sec. 20 -131. - Definition, age of operation.
[The following terms, as used in this chapter, shall have the meanings
as herein described below:]
All - terrain vehicle means a motor vehicle having three (3) or more
wheels that is powered by a motor and is manufactured for off - highway
use. "All- terrain vehicle" does not include four - wheeled vehicles commonly
known as "go- carts" that have low centers of gravity and are typically used
in racing on relatively level surfaces, nor does the term include any riding
lawn mower.
Bicycle means any device propelled solely by human power, having
pedals, two (2) or more wheels, and a seat height of more than twenty -five
(25) inches from the ground when adjusted to its maximum height (a
"- recumbent device shall be deemed a bicycle regardless of seat height). A
bicycle shall be a vehicle while operated on the highway.
Bicycle lane means that portion of a roadway designated by signs
and /or pavement markings for the preferential use of bicycles, electronic
power- assisted bicycles, motorized skateboards or scooter, and mopeds.
Dockless mobility operation means a business that rents skateboards,
scooters, or bicycles to users, and such vehicles are generally inoperable
unless activated by a user authorized by the business operator.
Electric personal assistive mobility device means a self - balancing two -
nontandem- wheeled device that is designed to transport only one (1)
person and powered by an electric propulsion system that limits the
device's maximum speed to fifteen (15) miles per hour or less. For
purposes of this article, an electric power assistive mobility device shall be
a vehicle when operated on a street.
0
134
Electric personal delivery device means an electrically powered device
that (i) is operated on sidewalks, shared -use paths, and crosswalks and
intended primarily to transport property; (ii) weighs less than 50 pounds,
excluding cargo; (iii) has a maximum speed of 10 miles per hour; and (iv)
is equipped with technology to allow for operation of the device with or
without the active control or monitoring of a natural person.
Electric personal delivery device operator means an entity or its agent
who exercises direct physical control or monitoring over the navigation
system and operation of an electric personal delivery device. For the
purposes of this definition, "agent" means a person not less than 16 years
of age charged by an entity with the responsibility of navigating and
operating an electric personal delivery device. "Electric personal delivery
device operator" does not include (i) an entity or person who requests the
services of an electric personal delivery device to transport property or (ii)
an entity or person who only arranges for and dispatches the requested
services of an electric personal delivery device.
Electric power- assisted bicycle means a vehicle that travels on not
more than three (3) wheels in contact with the ground and is equipped
with (i) pedals that allow propulsion by human power, (ii) a seat for the use
of the rider, and (iii) an electric motor with an input of no more than seven
hundred and fifty (1,000750) watts that r-edUGe6 the pedal effE)Ft required e
s,peed Of Re more than twenty (20) miles per hou . For purposes of this
article, an electric power- assisted bicycle shall be a vehicle when operated
on a street. Electric power- assisted bicycles shall be classified as follows:
1. Class one means an electric power- assisted bicycle equipped with a
motor that provides assistance only when the rider is pedaling and
that ceases to provide assistance when the bicycle reaches a
speed of 20 miles per hour:
2. Class two means an electric power- assisted bicycle equipped with a
motor that may be used exclusively to propel the bicycle and that
ceases to provide assistance when the bicycle reaches the speed
of 20 miles per hour; and
3. Class three means an electric power- assisted bicycle equipped with
a motor that provides assistance only when the rider is pedaling
and that ceases to provide assistance when the bicycle reaches the
speed of 28 miles per hour.
135
Moped means every vehicle that travels on not more than three (3)
wheels in contact with the ground that has (i) a seat that is no less than
twenty -four (24) inches in height, measured from the middle of the seat
perpendicular to the ground; and (ii) a gasoline, electric, or hybrid motor
that displaces less than fifty (50) cubic centimeters or less or (b) has an
input of one thousand five hundred (1500) watts or less; (iii) is power -
driven, with or without pedals that allow propulsion by human power; and
(iv) is not operated at speeds in excess of thirty -five (35) miles per hour,
but does not include a motorized skateboard or scooter. For purposes of
this article, a moped shall be a vehicle when operated on a street.
Motorized skateboard or scooter means every vehicle, regardless of
the number of its wheels in contact with the ground, that (i) is designed to
allow a person to stand or sit while operating the device, (ii) has no
manufacturer - issued vehicle identification number, and (iii) is powered in
whole or in part by an electric motor, (iv) weighs less than one hundred
(100) pounds, and (v) has a speed of no more than twenty (20) miles per
hour on a paved level surface when powered solely by the electric motor.
Motorized skateboard or scooter includes vehicles with or without
handlebars but does not include electric personal assistive mobility
devices.
- Shared -use path means a bikeway that is physically separated from
motorized vehicular traffic by an open space or barrier and is located
either within the highway right -of -way or within a separate right-of-way.
Shared -use paths may also be used by pedestrians skaters users of
wheel chairs or wheel chair convevances Joggers and other
nonmotorized users and electric personal delivery devices "Greenways"
qualify as shared -use paths as defined in this section
2. Article VII, Mopeds, Bicycles and Electric Power - Assisted Bicycles, of
Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as
amended, is amended and reordained by adding Division 5, Electric Power - Assisted
Bicycles, Electric Personal Assistive Mobilitv Devices Electric Personal Delivery
Devices, Electrically Powered Toy Vehicles And Motorized Skateboards Or Scooter,
Article VII, Mopeds, Bicycles and Electric Power - Assisted Bicycles, of Chapter 20,
Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended, and
is hereby amended and reordained to read and provide as follows:
136
DIVISION 5. — Electric Power - Assisted Bicycles, Electric Personal
Assistive Mobility Devices Electric Personal Delivery Devices Electrically
Powered Tov Vehicles And Motorized Skateboards Or Scooter.
Sec. 20 -165. — Electric power- assisted bicycles.
A. Except as otherwise provided in this section, an electric power -
assisted bicycle o_ r an operator of an electric power- assisted bicycle
shall be afforded all the rights and privileges and be subject to all
of the duties, of a bicycle or the operator of a bicycle. An electric
power- assisted bicycle is a vehicle to the same extent as is a
bicycle.
B. An electric power- assisted bicycle or person operating an electric
power- assisted bicycle is not subject to the provisions of Virginia
Code Section 46.2 relating to requirements for driver's licenses
registration, certificates of title financial responsibility, off - highway
motorcycles, and license plates.
C.
1. On and after January 1 2021, manufacturers and •-..
distributors of electric power- assisted bicycles shall
permanently affix a label ii a prominent location to each
electric power- assisted bicycle that they manufacture or
distribute. The label shall contain the classification number,
top assisted speed and motor wattage of the electric power -
assisted bicycle and shall be printed in Arial font in at least
nine -point type.
2. An electric power- assisted bicycle shall comply with
equipment and manufacturing requirements for bicycles
adopted by the U.S. Consumer Product Safety Commission
16 C.F.R. Part 1512.
3. All class three electric power- assisted bicycles shall be
equipped with a speedometer that displays the speed the
bicycle is traveling in miles per hour.
D No person shall tamper with or modify an electric power- assisted
bicycle so as to change the motor- powered speed capability or
engagement of an electric power- assisted bicycle unless the label
required by subdivision C 1 is replaced after modification.
137
E. An electric power- assisted bicycle shall operate in a manner such
that the electric motor is disengaged or ceases to function when the
rider stops pedaling or when the brakes are applied
F. Electric power- assisted bicycles may be ridden in the City of
Roanoke and Carvins Cove Natural Reserve in places where
bicycles are allowed including streets highways roads shoulders
bicycle lanes, and bicycle or shared -use paths
G. Each operator and passenger of a class three electric power
assisted bicycle shall wear a properly fitted and fastened bicycle
helmet that meets the current standards provided by either the U.S.
Consumer Product Safety Commission or the American Society for
Testing and Materials International. Failure to wear a helmet shall
not constitute negligence be considered in mitigation of damages
of whatever nature, be admissible in evidence or be the subiect of
comment by counsel in any action for the recovery of damages
arising out of the operation ownership or maintenance of a class
three electric power- assisted bicycle nor shall anythinq in this
section change any existing law, rule or procedure pertaining to
any civil action, nor shall this section bar any claim that otherwise
exists.
Sec. 20 -166. — Electric personal assistive mobility devices electric
personal delivery devices electrically powered toy vehicles electric
power- assisted bicycles, and motorized skateboards or scooters
All electric personal assistive mobility devices electric personal
delivery devices electrically powered toy vehicles and electric power
assisted bicycles shall be equipped with spill -proof, sealed or gelled
electrolyte batteries. No person shall at any time or at any location
operate (i) an electric personal assistive mobility device or an electric
power- assisted bicycle at a speed faster than 25 miles per hour, (ii) a
motorized skateboard or scooter at a speed faster than 20 miles per hour,
or (iii) an electric personal delivery device at a speed faster than 10 miles
per hour. No person shall operate a skateboard or scooter that would
otherwise meet the definition of a motorized skateboard or scooter but is
capable of speeds greater than 20 miles per hour at a speed greater than
20 miles per hour. No person less than 14 years old shall drive anv
electric personal assistive mobility device motorized skateboard or
scooter, or class three electric power- assisted bicycle unless under the
immediate supervision of a person who is at least 18 years old
138
An electric personal assistive mobility device may be operated on
any highway with a maximum speed limit of 25 miles per hour or less An
electric personal assistive mobility device shall only operate on any
highway authorized by this section if a sidewalk is not provided along such
highway or if operation of the electric personal assistive mobility device on
such sidewalk is prohibited pursuant to §46.2 -904, Code of Virginia (195
as amended. Nothing in this section shall prohibit the operation of an
electric personal assistive mobility device, electric personal delivery
device or motorized skateboard or scooter in the crosswalk of an
highway where the use of such crosswalk is authorized for pedestrians
bicycles or electric power- assisted bicycles.
Operation of electric personal as mobility devices motorized
skateboards or scooters electrically powered toy vehicles bicycles and
electric power- assisted bicycles is prohibited on any Interstate Highway
System component except as provided by the section.
3. Section 24 -94, Motor vehicle and bicycles to be operated or ridden only on
designated roadways or areas, Article IV, Parks, 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 -94. - Motor vehicles and bicycles to be operated or ridden only on
designated roadways or areas.
(a) It shall be unlawful for any person to drive or operate any motor
vehicle, or operate or ride any bicycle or tricycle in any public park,
except over the roadways and other areas designated for such use.
Bicycles are authorized to be ridden on shared -use paths as that
term is defined in Section 20 -131
(b) This section shall not apply to the operation of city -owned vehicles
for city purposes.
139
4. Paragraphs 1 and 2 of this ordinance shall be in full force and effect on
and after July 1, 2020.
5. Paragraph 3 of this ordinance shall be in full force and effect upon
passage of this ordinance.
6. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is dispensed with.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 151h day of June, 2020.
No. 41771- 061520.
A RESOLUTION appointing the members of the Star City Strong Recovery Fund
Task Force and establishing an effective date.
WHEREAS, City Council created the Star City Strong Recovery Task Force
(Task Force) through the adoption of Resolution No. 41741 - 060120, adopted June 1,
2020, to consider the challenges confronting the City from the COVID -19 pandemic
disaster and the opportunities available to the community through the Star City Strong
Recovery Fund, and to make recommendations to City Council regarding the use of the
Star City Strong Recovery Fund;
WHEREAS, the Task Force consists of 39 members, three (3) of whom are the
Mayor, the Vice - Mayor, and the City Manager, the balance of members to be
recommended as set forth in Resolution No. 41741 - 060120 and appointed by City
Council; and
WHEREAS, City Council has considered the recommendations and desires to
appoint the remaining members of the Task Force.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. The Mayor has nominated individuals to serve as four (4) members of the
Task Force as Citizens at Large and City Council hereby appoints the following
individuals to serve as Citizens at Large on the Task Force:
1.
Pamela Smith
2.
Tommy Page
3.
Jan Keister
4.
Joshua Patrick
2. The Vice -Mayor has nominated individuals to serve as three (3) members
of the Task Force as Citizens at Large and City Council hereby appoints the following
individuals to serve as Citizens at Large on the Task Force:
1. Gloria Manns
2. Andrea Micklem
3. Bethany Lackey
3. City Council hereby appoints sixteen (16) individuals to serve as members
of the Task Force, two (2) from each of the eight (8) Sectors set forth in Resolution No.
41741- 060120,as follows:
Individual
Sector
1.
Shanell Steelman
Health Care /Biomedical Research
2.
Antonio Segovia
Health Care /Biomedical Research
3.
Diane Haley
Hospitality /Entertainment
4.
Brian Wells
Hospitality /Entertainment
5.
Kat Pascal
Small Business
6.
Nathan Webster
Small Business
7.
Troy Cook
Manufacturing
8.
Tamea Franco
Manufacturing
9.
Chris Bryant
Outdoor Recreation
10.
Carol Rowlett
Outdoor Recreation
11.
Karen Pillis
Vulnerable Population /Non- Profits
12.
Debbie C. Brown
Vulnerable Population /Non - Profits
13.
Ellen Stick
Arts & Culture
14.
Rachel Hopkins
Arts & Culture
15.
Jerel Rhodes
Education
16.
Cheryl Moseley
Education
141
5. The Roanoke Branch of the National Association for the Advancement of
Colored People will submit a nomineee to serve as a member of the Task Force and
City Council will consider the appointment to serve as a member of the Task Force at its
session on July 6, 2020.
6. The Roanoke Chapter of the Southern Christian Leadership Conference
nominated individuals to serve as a member of the Task Force and City Council
appoints Mignon Chubb -Hale to serve as a member of the Task Force.
7. City Council appoints Dr. Elda Stanco Downey to serve as a member of
the Task Force, representing the interests of the Latino /Latina community.
8. The Youth Services Citizens Board nominated individuals to serve as two
(2) members of the Task Force and City Council appoints the following individuals to
serve as members of the Task Force:
1. Christion Bryant
2. Brianna Wilson
9. City Council finds that, pursuant to Section 2- 281(b), Code of the City of
Roanoke (1979) as amended, that special circumstances warrant the waiver of the
residency requirement set forth in Section 2- 281(b) with respect to Landon Howard,
Joyce Waugh, Abby Hamilton, Troy Cook, and Brian Wells, and hereby waives the
residency requirement with respect to these individuals.
4. The
City Manager has
nominated individuals to serve as
Institutional /Organizational
representatives from the eight (8) Sectors and City Council
appoints the following eight (8) individuals to
serve as members of the Task Force:
Individual
Sector
1.
Cynthia Lawrence
Health Care /Biomedical Research
2.
Landon Howard
Hospitality /Entertainment
3.
Joyce Waugh
Small Business
4.
James E. Smith, Sr,
Manufacturing
5.
Pete Eshelman
Outdoor Recreation
6.
Abby Hamilton
Vulnerable Population /Non - Profits
7.
Shaleen Powell
Arts & Culture
8.
Carole Tarrant
Education
5. The Roanoke Branch of the National Association for the Advancement of
Colored People will submit a nomineee to serve as a member of the Task Force and
City Council will consider the appointment to serve as a member of the Task Force at its
session on July 6, 2020.
6. The Roanoke Chapter of the Southern Christian Leadership Conference
nominated individuals to serve as a member of the Task Force and City Council
appoints Mignon Chubb -Hale to serve as a member of the Task Force.
7. City Council appoints Dr. Elda Stanco Downey to serve as a member of
the Task Force, representing the interests of the Latino /Latina community.
8. The Youth Services Citizens Board nominated individuals to serve as two
(2) members of the Task Force and City Council appoints the following individuals to
serve as members of the Task Force:
1. Christion Bryant
2. Brianna Wilson
9. City Council finds that, pursuant to Section 2- 281(b), Code of the City of
Roanoke (1979) as amended, that special circumstances warrant the waiver of the
residency requirement set forth in Section 2- 281(b) with respect to Landon Howard,
Joyce Waugh, Abby Hamilton, Troy Cook, and Brian Wells, and hereby waives the
residency requirement with respect to these individuals.
142
10. This Resolution shall be effective upon its passage.
APPROVED
ATTEST:
(1e'�
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of July, 2020.
No. 41772- 070620.
A RESOLUTION establishing a meeting schedule for City Council for the first half
of the Fiscal Year commencing July 1, 2020, and terminating December 31, 2020.
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 first half of the Fiscal Year commencing July 1, 2020, and terminating
December 31, 2020.
2. For the first half of 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, 2020, shall commence at 2:00 p.m., and immediately
following, Council shall take up the regular agenda.
143
(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 regular meetings of City Council shall be held in the Council
Chamber, Room 450, of the Noel C. Taylor Municipal Building, unless otherwise
provided by resolution of Council, with the exception of the 9:00 a.m. session of
the regular meeting on August 3, 2020, which shall commence at Fallon Park
Elementary School, 502 19th Street, S. E., Roanoke, Virginia 24013 beginning at
9:00 a.m., and after recess, reconvene at Council Chamber.
5. 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
Chamber 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.
6. This Resolution shall have no application to special meetings of City
Council called pursuant to Section 10 of the City Charter.
APPROVED
ATTEST:
()Zujt�' '4-- V)120- 1-0-t
Cecelia F. McCoy, CMC
City Clerk
c4L�-N OL P
Sherman P. Lea, Sr.
Mayor
144
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 61h day of July, 2020.
No. 41773- 070620.
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 $304,408 for Fiscal Year
2020 - 2021, such grant being more particularly described in the report to Council dated
July 6, 2020.
2. The local cash match for Fiscal Year 2020 - 2021 shall be in the amount of
$32,242.
3. The City Manager is hereby authorized to execute and file, on behalf of
the City, any documents setting forth the conditions of the grant in a form approved by
the City Attorney.
4. The City Manager is further directed to furnish such additional information
as may be required by the Department of Criminal Justice Services in connection with
the acceptance of the foregoing grant or with such project.
APPROVED
ATTEST:
OZ44&�- J. LM4
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
145
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6t" day of July, 2020.
No. 41774 - 070620.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for
the Victim Witness Program Grant, amending and reordaining certain sections of the
2019 - 2020 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 2019 - 2020 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Regular Employee Salaries
35- 150 - 4572 -1002
$ 218,080
City Retirement
35- 150 - 4572 -1105
25,944
ICMA Retirement
35- 150 - 4572 -1115
5,311
401 Health Savings
35- 150- 4572 -1117
1,591
FICA
35- 150- 4572 -1120
17,089
Dental Insurance
35- 150- 4572 -1126
1,823
Life Insurance
35- 150 - 4572 -1130
2,857
Disability Insurance
35- 150 - 4572 -1131
611
Medical Insurance
35- 150 - 4572 -1180
40,320
Administrative Supplies
35- 150 - 4572 -2030
8,008
Dues and Memberships
35- 150 - 4572 -2042
150
Training and Development
35- 150 - 4572 -2044
8,116
Postage
35- 150- 4572 -2160
750
Office Rental
35- 150 - 4572 -3075
6,000
Revenues
Victim Witness FY19 — Fed
35- 150 - 4572 -4572
228,306
Victim Witness FY19 — State
35- 150 - 4572 -4573
76,102
Victim Witness FY19 - Local Match
35- 150 - 4572 -4574
32,242
146
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of July, 2020.
No. 41775- 070620.
AN ORDINANCE to appropriate funding from the U.S. Department of
Transportation through the Commonwealth of Virginia Department of Motor Vehicles to
be a License Agent called a DMV Select Office, amending and reordaining certain
sections of the 2020 - 2021 General Fund and 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 2020 - 2021 General Fund and Grant Fund Appropriations be, and the
same are hereby, amended and reordained to read and provide as follows:
General Fund
Appropriations
Contingency 01- 300 - 9410 -2199 $ 15,000
Revenues
DMV Fees- City Portion 01- 110 - 1234 -0932 15,000
Grant Fund
Appropriations
FICA
Bonus and Separation Pay
Administrative Supplies
Expendable Equipment ( <$5,000)
Training and Development
Revenues
DMV Fees- Treasurer Portion
147
35- 110
- 4530
-1120
2,500
35- 110 -
4530
-1153
27,000
35- 110 -
4530
-2030
7,500
35- 110-
4530
-2035
15,000
35- 110 -
4530
-2044
8,000
35- 110 - 4530 -4530 60,000
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:
C�cy
Cecelia F. McCoy, CMC 0 Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of July, 2020.
No. 41776- 070620.
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 $204,979.55, with no required local match, for the period
commencing July 1, 2020, through June 30, 2021, is hereby ACCEPTED. The grant
shall be used for the purpose of providing, 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 for Progress, and Goodwill Industries
of the Valleys, designed to assist such recipients obtain employment or, where
appropriate, an alternative disability income, as further set forth in the City Council
Agenda Report dated July 6, 2020.
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:
ynC =- vv� -., -C
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of July, 2020.
No. 41777- 070620.
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
2020 - 2021 Grant Fund Appropriations, and dispensing with the second reading by title
of this ordinance.
149
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2020 - 2021 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 - 8872 -2010 $ 204,980
Revenues
SWVA Regional Employment Coalition FY21 35- 630 - 8872 -8872 204,980
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 611 day of July, 2020.
No. 41778- 070620.
A RESOLUTION accepting the Juvenile Justice and Delinquency Prevention Title
II grant made to the City 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:
150
1. The City of Roanoke does hereby accept the Juvenile Justice and
Delinquency Prevention Title II grant made to the City from the Virginia Department of
Criminal Justice Services in the amount of $57,468, with no local match required from
the City, for the term beginning July 1, 2020, through June 30, 2021, to be provided by
Family Service of Roanoke Valley as the sub - recipient, to create and administer the
Creative Opportunities for Restorative Education (CORE) Project, a program used by
Roanoke City Public Schools to increase protective factors for youth at risk of juvenile
justice involvement and to decrease further acts of misconduct, as more particularly
described in the City Council Agenda Report dated July 6, 2020.
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 shall be approved as to form by the City Attorney.
3. The City Manager is further directed to furnish such additional information
as may be required in connection with the City's acceptance of this grant.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of July, 2020.
No. 41779- 070620.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia
Juvenile Justice and Delinquency Prevention Title II grant for the Creative Opportunities
for Restorative Education (CORE) Project, amending and reordaining certain sections of
the 2020 - 2021 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 2020 - 2021 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Alternate Day School
Revenues
CORE Program FY21 — Federal
35- 630 - 5039 -4615
35- 630 - 5039 -5039
151
$ 57,468
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC 4Serm-atn'
P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of July, 2020.
No. 41780- 070620.
A RESOLUTION authorizing acceptance of the FY 21 Virginia Domestic Violence
Victim Fund grant made to the City of Roanoke by the Virginia Department of Criminal
Justice Services, and authorizing execution of any required documentation on behalf of
the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized on behalf of the City to accept
from the Virginia Department of Criminal Justice Services, the FY 21 Virginia Domestic
Violence Victim Fund grant in the amount of $31,588, with a local match of $24,007,
making total funding of $55,595, 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 July 6, 2020.
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.
152
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:
(#.,e," A'— -• 7 !Lo,
Cecelia F. McCoy, CMC Q Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6 1 day of July, 2020.
No. 41781- 070620.
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 2020 - 2021 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 2020 - 2021 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Regular Employee Wages
City Retirement
Health Savings
FICA
Dental Insurance
Life Insurance
HAS — ER
Health Insurance — ER
Revenues
Domestic Violence Victim FY21 - State
Domestic Violence Victim FY21 - Local
35- 640 - 3378 -1002
35- 640 - 3378 -1105
35- 640 - 3378 -1117
35- 640 - 3378 -1120
35- 640 - 3378 -1126
35- 640 - 3378 -1130
35- 640 - 3378 -1182
35- 640 - 3378 -1185
35- 640 - 3378 -3378
35- 640 - 3378 -3379
38,172
6,160
388
2,518
449
508
2,600
4,800
31,588
24,007
153
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
,_4LC,�_a _;
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of July, 2020.
No. 41782- 070620.
A RESOLUTION authorizing the acceptance of the Child Abuse and Neglect
Prevention Program Grant to the City of Roanoke ( "City ") by the Virginia Department of
v Social Services ( "VDSS ") in the amount of $50,000; and authorizing the City Manager to
execute any documentation required to accept such grant on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City hereby accepts the Child Abuse and Neglect Prevention Grant
(Grant) in the amount of $50,000, by the VDSS, with a local in -kind match in the amount
of $9,516 to be provided by the City and a cash match in the amount of $2,984 to be
provided by the City, for the term beginning July 1, 2020, through June 30, 2021, in
connection with the Parenting Little Ones Program, such Grant to be used for the
purpose of providing parenting classes with an in -home component to parents of
children 0 - 5 years old identified by the City of Roanoke Department of Social Services,
and Blue Ridge Behavioral Health and Intercept Youth Services as at risk of abusing
and neglecting their children, and for the payment of certain other costs and expenses,
all as more particularly set forth in the City Council Agenda Report dated July 6, 2020.
2. 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.
154
3. The City Manager is further directed to furnish such additional information -
as may be required in connection with City's acceptance of this Grant.
APPROVED
ATTEST:
J qX4 -7�
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of July, 2020.
No. 41783- 070620.
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 2020 - 2021 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 2020 - 2021 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Temporary Employee Wages
FICA
Program Activities
Business Meals and Travel
35- 630 - 5246 -1004 $ 4,013
35- 630 - 5246 -1120 307
35- 630 - 5246 -2066 48,633
35- 630 - 5246 -2144 32
Revenues
Child Abuse Prevention FY20 — Federal PT 35- 630 - 5246 -5246 25,000
Child Abuse Prevention FY20 — State 35- 630 - 5246 -5247 25,000
Child Abuse Prevention FY20 — Local 35- 630 - 5246 -5248 2,985
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:
ezub�' '-'� - "4edr
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6t" day of July, 2020.
No. 41784- 070620.
A RESOLUTION authorizing the acceptance of the FY20 Coronavirus Aid, Relief,
and Economic Security Act (CARES) funding by the City of Roanoke from the United
States Department of Health and Human Services, which provides financial aid to
families and businesses impacted by the COVID -19 Coronavirus Pandemic, 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 the FY20 CARES funding in the
amount of $8,649,844 from the United States Department of Health and Human
Services, with no local match required from the City, for a period beginning March 1,
2020, through December 30, 2020, which provides financial aid to families and
businesses impacted by the COVID-19 Coronavirus Pandemic, as more particularly
described in the City Council Agenda Report dated July 6, 2020.
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.
156
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:
OZ Goa' 11'�- / l t &v-
c.r, -
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of July, 2020.
No. 41785- 070620.
AN ORDINANCE to appropriate funding from the United States Treasury for the
Coronavirus Aid, Relief, and Economic Security Act (CARES Act) - Coronavirus Relief
Fund, amending and reordaining certain sections of the 2019 - 2020 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 2019 - 2020 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Coronavirus Expenses
Revenues
CARES Act FY20 - General Relief
35- 250 - 5235 -3081 $ 8,649,844
35- 250 - 5235 -5235 8,649,844
157
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
"41.
0
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6 1 day of July, 2020.
No. 41786- 070620.
A RESOLUTION authorizing the acceptance of the FY20 Coronavirus Aid, Relief,
and Economic Security Act (CARES) funding in the amount of $146,406.60 by the City
of Roanoke from the United States Department of Health and Human Services as part
of the CARES Act Provider Relief Fund, which provides reimbursement of fees to
eligible providers who bill for Medicare fee - for - service in connection with the COVID -19
Coronavirus Pandemic, 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 the FY20 CARES funding in the
amount of $146,406.60 from the United States Department of Health and Human
Services, with no local match required from the City, as part of the CARES Act Provider
Relief Fund which provides reimbuirsement of fees to eligible providers who bill for
Medicare fee - for - service in connection with the COVID -19 Coronavirus Pandemic, as
more particularly described in the City Council Agenda Report dated July 6, 2020.
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.
158
Lm�
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:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6t' day of July, 2020.
No. 41787- 070620.
AN ORDINANCE to appropriate funding from the United States Treasury for the
Coronavirus Aid, Relief, and Economic Security Act (CARES Act) - Provider Relief
Fund, amending and reordaining certain sections of the 2019 - 2020 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 2019 - 2020 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Coronavirus Expenses 35- 250 - 5236 -3081 $ - 312,290
Revenues
CARES Act FY20 — EMS Provider Relief 35- 250 - 5236 -5236 312,290
159
Em
Pursuant to the provisions of Section 12 of the City Charter, the second reading
.. of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
&e4j� -.4. *U U
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of July, 2020.
No. 41788- 070620.
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 2020 - 2021,
and authorizing the City Manager or his designee to execute a contract with the Council
of Community Services to perform the necessary performance audits to evaluate the
effectiveness and efficiency of all the funded programs by such agencies.
WHEREAS, the Fiscal Year 2020 - 2021 budget approved by City Council for the
Board provides for funding in the amount of $430,000 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 $607,546 were
received by the Board from twenty -nine (29) agencies to assist in funding a total of
thirty -eight (38) 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 2020 - 2021; 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
a 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 2020 - 2021 as more particularly set forth in the City Council Agenda Report
dated July 6, 2020, 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:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 61" day of July, 2020.
No. 41789- 070620.
AN ORDINANCE to transfer funding to specific Human Services Committee
agencies, amending and reordaining certain sections of the 2020 - 2021 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 2020 - 2021 General Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows, in part:
Kids Soars Literacy— Youth Support Services
Legal Aid Society of Roanoke Valley
Local Environmental Agriculture Project
Local Office on Aging — Meals on Wheels
New Horizons Healthcare - Dental
Planned Parenthood
Presbyterian Community Center
Roanoke Valley Speech & Hearing
St. Johns Community Youth Program
161
01- 630 - 5220 -3742
7,500
01- 630 - 5220 -3822
5,000
01- 630 - 5220 -5462
26,454
01- 630 - 5220 -3722
35,000
01- 630 - 5220 -3988
20,000
01- 630 - 5220 -3795
20,000
01- 630 - 5220 -3801
14,000
01- 630 - 5220 -3738
5,500
01- 630 - 5220 -3797
21,000
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:
04UL�_ 4,
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 611 day of July, 2020.
No. 41790- 070620.
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 2020 - 2021.
WHEREAS, the Fiscal Year 2020 - 2021 budget approved by City Council for the
Roanoke Arts Commission provides for funding in the amount of $336,500;
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 $483,098 were
received by the Committee from twenty -four (24) 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 $336,500 to such agencies and the Arts Commission for
Fiscal Year 2020 - 2021, subject to City Council approval.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that
Council concurs with and approves the recommendations of the Roanoke Arts
Commission's allocations for funding in the amount of $336,500 for various nonprofit
agencies for Fiscal Year 2020 - 2021 and the Arts Commission, as more particularly set
forth in the City Council Agenda Report dated July 6, 2020, to Council, and the
attachment to that report.
APPROVED
ATTEST:
N 'S. .
Ls, ;, 0 - -
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of July, 2020.
No. 41791- 070620.
AN ORDINANCE to transfer funding to specific Art Commission agencies,
amending and reordaining certain sections of the 2020 - 2021 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 2020 - 2021 General Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Subsidies
01-
310 - 5221
-3700
Local Colors
01-
310- 5221
-2276
Center in the Square
01-
310- 5221
-3706
Virginia Museum of Transportation
01-
310 - 5221
-3714
Roanoke Symphony Orchestra
01-
310- 5221
-3736
Mill Mountain Theatre
01-
310- 5221
-3749
Opera Roanoke
01-
310- 5221
-3762
Science Museum of Western Virginia
01-
310 - 5221
-3774
Historical Society of Western Virginia
01-
310 - 5221
-3776
Roanoke Ballet Theatre
01-
310 - 5221
-3779
Southwest Virginia Ballet
01-
310 - 5221
-3794
Roanoke Festival in the Park
01-
310- 5221
-3845
Taubman Museum of Art
01-
310 - 5221
-3910
Harrison Museum /African - American Culture
01-
310 - 5221
-3913
Down by Downtown
01-
310- 5221 -3924
Jefferson Center Foundation LTD
01-
310 - 5221 -3944
Roanoke Arts Commission
01-
310- 5221 -3961
Grandin Theatre Foundation
01-
310 - 5221 -3973
Eleanor D. Wilson Museum
01-
310 - 5221 -3975
Artemis
01-
310- 5221 -3976
Mill Mt. Zoo
01-
310- 5221 -3980
Roanoke Children's Theatre
01- 310 - 5221 -3984
Alma Ensemble
01-
310- 5221 -5658
The Making Foundation
01-
310- 5221 -5659
Roanoke Valley Children's Choir
01-
310- 5221 -5667
163
( 336,500)
15,500
10,000
27,000
30,000
25,000
16,000
17,000
4,000
8,000
9,000
8,000
40,000
18,000
5,000
30,000
2,000
17,000
7,000
5,000
9,000
21,000
4,000
4,000
5,000
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:
At, loy-
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
164
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 611 day of July, 2020.
No. 41792- 070620.
AN ORDINANCE providing for the acquisition of real property rights needed by
the City in connection with the Wasena Bridge Replacement Project ( "Project ") -
authorizing City staff to acquire such property rights by negotiation for the City;
authorizing the City Manager to execute appropriate acquisition documents; and
dispensing with the second reading of this Ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City wants and needs certain real property rights, to include fee
simple, temporary construction and /or permanent easements of variable length and
width, and such other real property interests as needed, as set forth in the City Council
Agenda Report dated July 6, 2020, for the Project, in the general vicinity of Winona
Avenue, Roanoke, Virginia, to the south and 8th Street, Roanoke, Virginia, to the north
and surrounding streets. The proper City officials and City staff are hereby authorized
to acquire by negotiation for the City the necessary real property right interests and
appropriate ancillary rights with respect to the real property parcel referred to in the
above mentioned City Council Agenda Report, and any other real property interests
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 for such consideration as deemed
appropriate for the necessary interest, 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 owner of the real property right interest conveyed, certified by the
City Attorney to be entitled to the same.
165
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:
jLC,_ ( - ;,
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of July, 2020.
No. 41793- 070620.
A RESOLUTION authorizing the City Manager's issuance and execution of an
Amendment to the City's Contract with Intrado Life & Safety Solutions Corp. f /k /a West
Safety Solutions Corp. ( "Intrado ") to add an additional nine dispatch stations at the new
VA811/E911 Communications Center; 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 such Amendment as
may be necessary to the City's Contract with Intrado, in an amount not to exceed
$398,269.38 for additional services to include, but not be limited to, add an additional
nine dispatch stations at the new VA811/E911 Communications Center, all as more fully
set forth in the City Council Agenda Report dated July 6, 2020.
2. The form of such Amendment shall be approved by the City Attorney.
166
3. 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 Intrado, as well
as the Contract itself.
APPROVED
ATTEST:
Nz&t J. �-fx C O&YK 1=�5
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of July, 2020.
No. 41794- 070620.
A RESOLUTION expressing the intent of City Council to remove the Lee
Monument from Lee Plaza, in accordance with State Code Sections 15.2 -1812 (A) and
15.2 -1812 (B); directing the City Manager, City Clerk, and City Attorney to publish notice
of City Council's intent to remove the Lee Monument from Lee Plaza, and publish notice
of a public hearing at which public hearing interested individuals may express their
views on the removal of the Lee Monument from Lee Plaza to be held on August 17,
2020, at 7:00 p.m., or as soon thereafter as the matter may be reached, or at such later
date and time as determined by the City Manager; and establishing an effective date.
WHEREAS, the General Assembly enacted Chapter 1101, Virginia Acts of
Assembly, 2020 Session (the "Act "), to amend State Code Section 15.2 -1812 to allow
localities to "remove, relocate, contextualize, or cover" monuments or memorials for the
veterans of any war or conflict on the locality's public property;
WHEREAS, State Code 15.2 -1812 (B), as set forth in the Act, requires a locality
to publish notice of its intent to remove, relocate, contextualize, or cover any such
monument or memorial and hold a public hearing not less than 30 days after publication
of such notice at which public hearing interested persons may present their views;
Ll
167
WHEREAS, pursuant to the permission granted to the William Watts and the
Roanoke Chapters of the United Daughters of the Confederacy through the adoption of
Resolution No. 14059, adopted by City Council on May 6, 1960, to "erect and maintain
an upright granite marker, not under six feet in height, on the western end of the
Robert E. Lee Plaza, facing 3rd Street, S. W., as a memorial to General Robert E. Lee"
( "Lee Monument "), the Roanoke Chapter and the William Watts Chapter of the United
Daughters of the Confederacy erected the Lee Monument in October 1960, on public
property of the City of Roanoke situated at the 200 Block of Church Avenue, S.W.,
Roanoke, Virginia, Official Tax Map No. 1012104, named and identified as General
Robert E. Lee Plaza, also known as Lee Plaza ( "Lee Plaza "); and
WHEREAS, City Council desires to express its intent, and hereby expresses its
intent, to remove the Lee Monument from Lee Plaza in accordance with State Code
Sections 15.2 -1812 (A) and 15.2 -1812 (B).
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that:
1. City Council expresses its intent, and does hereby intend, to remove the
Lee Monument from Lee Plaza in accordance with State Code Sections 15.2 -1812 (A)
and 15.2 -1812 (B).
2. The City Manager, the City Attorney, and the City Clerk are directed to
publish notice of City Council's intent to remove the Lee Monument from Lee Plaza and
notice of a public hearing at which hearing interested persons may express their views
on the removal of the Lee Monument from Lee Plaza, and such public hearing to be
scheduled to be held on August 17, 2020, at 7:00 p.m., or as soon thereafter as the
matter may be reached, or at such later date and time as determined by the City
Manager.
3. This Resolution shall take effect upon its passage.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC
City Clerk
cm
Sherman P. Lea, Sr.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of July, 2020.
No. 41795- 070620.
AN ORDINANCE authorizing the City Manager to execute the Amended and
Restated Service Agreement of the Roanoke Valley Detention Commission
(Commission) and other necessary documents, among the Commission, and the Cities
of Roanoke and Salem, and the Counties of Franklin, Roanoke and Botetourt, which are
the member localities that comprise the Commission, upon certain terms and
conditions; and dispensing with the second reading of this Ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager, or his designee, pursuant to Section 16.1 -310 et seg.,
Code of Virginia (1950) as amended, are hereby authorized for and on behalf of the
City, to execute the Amended and Restated Service Agreement of the Commission, and
other necessary documents, among the Commission, and the Cities of Roanoke and
Salem, and the Counties of Franklin, Roanoke, and Botetourt, which are the member
localities that comprise the Commission, to govern such parties' obligations for the
continued operation, maintenance, and financial responsibilities for the Juvenile
Detention Center located in Botetourt County at 498 Coyner Springs Road, upon the
terms and conditions set forth in the City Manager's Council Agenda Report dated
July 6, 2020, such agreement to be substantially in form to the agreement attached to
the Council Agenda Report dated July 6, 2020. All requisite documents shall be
approved as to form by the City Attorney.
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this Ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
CO L&&— vx& ds�r
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
cm
169
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of July, 2020.
No.41796- 070620.
AN ORDINANCE to readopt and reenact the Code of the City of Roanoke
(1979), as amended; and dispensing with the second reading of this ordinance by title.
WHEREAS, by Ordinance No. 25043, adopted April 7, 1980, this Council
adopted and enacted a new code for the City of Roanoke entitled the Code of the City
of Roanoke (1979) (hereinafter sometimes referred to as the "City Code ");
WHEREAS, such Code, as amended, contains certain provisions which
incorporate by reference portions of the Code of Virginia (1950), as amended,
(hereinafter "State Code ");
WHEREAS, from time to time, certain of these State Code sections which are
incorporated by reference in the City Code have been amended by the General
Assembly;
WHEREAS, such amendments are a matter of public record which are set
forth in the Acts of Assembly and supplements and replacement volumes of the State
Code; and
WHEREAS, it is the desire of this Council that those provisions of the City
Code which adopt by reference State Code provisions shall be fully consistent with
enactments of the most recent Session of the General Assembly.
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.
170
on
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:
6)Z J. 1< -
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of July, 2020.
No. 41797- 070620.
AN ORDINANCE reinstating, reordaining, and reaffirming Ordinance No. 41703-
032720, as supplemented by Ordinance No. 41709 - 040620; establishing an effective
date; and dispensing with the second reading of this ordinance by title.
WHEREAS, as a result of the COVID -19 pandemic the disaster and the
declarations of emergency by the President of the United States, the Governor of the
Commonwealth of Virginia, and the City of Roanoke, City Council adopted Ordinance
No. 41703- 032720, at a special session of City Council on March 27, 2020, to effectuate
temporary changes in certain deadlines, modifying public meeting and public hearing
practices and procedures to address the continuity of operations, and authorizing the
City Manager to set the date and time of public hearings on the FY2021 budget and
related matters;
WHEREAS, City Council supplemented Ordinance No. 41703 - 032720 to
effectuate changes in the deadlines for responding to requests for records under the
Virginia Freedom of Information Act with the adoption of Ordinance No. 41709 - 040620;
171
WHEREAS, Ordinance No. 41703 - 032720, as supplemented by Ordinance
No. 41709- 040620, was in effect for a period of sixty (60) days, subject to further action
by City Council;
WHEREAS, in April 2020, the General Assembly enacted Section 4- 0.01(g),
Chapter 1283, Virginia Acts of Assembly, 2020 Session (Chapter 1283), that authorized,
among other matters, that public bodies could meet via electronic communication
means without a quorum physically present in one location during the state of
emergency created by the COVID -19 pandemic disaster; and
WHEREAS, while Chapter 1283 addresses most of the operations and deadlines
for the conduct of public business, City administration recommends that Ordinance No.
41703 - 032720, as supplemented by Ordinance No. 41709 - 040620, be reinstated,
reordained, and reaffirmed, retroactive from May 25, 2020, through and including
July 31, 2020.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that:
1. Ordinance No. 41703 - 032720, as supplemented by Ordinance No. 41709 -
040620, be reinstated, reordained, and reaffirmed retroactively from May 25, 2020,
through and including July 31, 2020, to ensure that operations within the City continue
without interruption from the COVID -19 pandemic disaster.
2. The provisions of Ordinance No. 41703 - 032720, as supplemented by
Ordinance No. 41709- 040620, shall remain in full force and effect from March 27, 2020,
through and including July 31, 2020, unless amended, rescinded, or readopted by City
Council.
3. This Ordinance shall be effective, retroactive to May 25, 2020, upon
passage.
4. The second reading of this Ordinance is hereby dispensed with.
ATTEST:
Cecelia F. McCoy, CMC
City Clerk
APPROVED
Sherman P. Lea, Sr.
Mayor
172
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of June, 2020.
No. 41798- 070620.
AN ORDINANCE ratifying the decision of the City Manager to declare June 19,
2020 a City holiday; and dispensing with the second reading of this ordinance by title.
WHEREAS, Section 2 -37, Code of the City of Roanoke (1979), as amended,
establishes the holidays which shall be observed as legal holidays of the City by all
departments of the City;
WHEREAS, Governor Northam declared a paid holiday for state employees to
celebrate Juneteenth on June 19, 2020, the 155th anniversary of the day on which Major
General Gordon Granger led Union soldiers into Galveston, Texas, and announced that
the Civil War had ended and that the Emancipation Proclamation had declared all
enslaved people free nearly two and a half years earlier;
WHEREAS, the City Manager announced that in light of the significance of
Juneteenth and the recent statement by the Governor to recognize this day as an
official Holiday, and following consultation with the Mayor and City Council, City
municipal offices were closed Friday, June 19, 2020; and
WHEREAS, the City Manager requests City Council to ratify the decision of the
City Manager to provide City employees with a paid holiday to celebrate Juneteenth on
June 19, 2020.
that NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
1. City Council ratifies the decision of the City Manager to declare that
June 19, 2020 be a paid holiday for all city employees and the offices were closed in
celebration of Juneteenth.
173
2. The second reading of this Ordinance is hereby dispensed with.
APPROVED
ATTEST:
04t.Ab 4 L' Ott 601 L
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of July, 2020.
No. 41799- 070620.
AN ORDINANCE amending and reordaining Section 2 -282 Mayor as ex officio
member of committees, Division 1 Generally, Article XIV Authorities, Boards,
Commissions and Committees Generally, Chapter 2, Administration, Code of the City of
Roanoke (1979), as amended; amending and reordaining the title of Division 2,
Permanent Committees, Article XIV Authorities, Boards, Commissions and Committees
Generally, Chapter 2, Administration, Code of the City of Roanoke (1979), as amended,
and Section 2 -297 of Division 2, Permanent Committees, Article XIV Authorities,
Boards, Commissions and Committees Generally, Chapter 2, Administration, Code of
the City of Roanoke (1979), as amended; amending and reordaining Division 2,
Permanent Committees, Article XIV Authorities, Boards, Commissions and Committees
Generally, Chapter 2, Administration, Code of the City of Roanoke (1979), as amended,
to add Section 2 -305; 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:
1. Amend and reordain Section 2 -282 Mayor as ex officio member of
committees, Division 1 Generally, Article XIV Authorities, Boards, Commissions and
Committees Generally, Chapter 2, Administration, Code of the City of Roanoke (1979),
as amended, as follows:
174
Sec. 2 -282. - Mayor as ex officio member of committees.
The mayor shall be an ex officio member of each committee appointed by the
council or by the mayor and, as such member, shall have all the privileges, including
the right to vote, but not the obligation to attend every committee meeting. The mayor
shall not be counted for the purpose of determining a quorum of any such committee.
Notwithstandinq the foregoing the mayor shall not be an ex officio member of the
equity and empowerment advisory board established pursuant to section 2 -305
2. Amend and reordain the title of Division 2, Permanent Committees
Article XIV Authorities Boards Commissions and Committees Generally. Chapter 2,
Administration. Code of the City of Roanoke (1979), as amended, and Section 2 -297 of
Division 2, Permanent Committees Article XIV Authorities Boards Commissions and
Committees Generally Chapter 2, Administration Code of the City of Roanoke (1979),
as amended, as follows:
DIVISION 2. - PERMANENT COMMITTEES AND BOARDS
Sec. 2 -297. - Established.
There are hereby established the following permanent committees and boards of the
council:
(1) Audit Committee
(2) Personnel committee.
(3) Legislative committee.
(4) Equity and Empowerment Advisory Board.
3. Amend and reordain Division 2, Permanent Committees Article XIV
Authorities Boards Commissions and Committees Generally. Chapter 2,
Administration, Code of the City of Roanoke (1979), as amended, to add Section 2 -305,
as follows:
175
Sec. 2 -305 Equity and Empowerment Advisory Board
(a) Established; composition. There is hereby established the Equity and
Empowerment Advisory Board as a permanent council- appointed board. The Equity and
Empowerment Advisory Board shall consist of nine (9) members, two (2) members shall
be members of city council and the remaining seven (7) shall be residents of the city.
Pursuant to section 2 -282 the mayor shall not serve ex officio. Council may appoint
any two (2) members of city council, including the mayor.
(b) Purpose, Responsibility
The purpose and responsibility of the Equity and Empowerment Advisory Board
shall be as follows:
(1) Review the priorities for Interwoven Equity in City Plan 2040 and any
subsequent city comprehensive plan;
(2) Develop proposed plans for the implementation of policies and actions
identified for each priority set forth in the Interwoven Equity in City Plan 2040; and
(3) Review all existing city policies ordinances, and regulations and
recommend to city council changes in such policies ordinances, or regulations to
eliminate the city of any policies or procedures that promote inequality or limit
empowerment.
(c) Appointment and terms of members.
Members of the Equity and Empowerment Advisory Board shall be appointed by
city council. Members who are members of city council shall serve only during their
respective terms of office. All other members shall serve for terms of three (3) years.
Members of the Equity and Empowerment Advisory Board, other than members who
are also members of citv council, shall be subject to the limitation on terms set forth in
section 2- 281.1.
(d) Members not compensated.
The members of the Equity and Empowerment Advisory Board shall serve
without compensation for their service as such members.
(e) Organization, selection of officers, meetings.
ON=
7q
176
(1) At its initial meeting, the members of the Equity and Empowermen
Advisory Board shall elect a chair, vice chair and secretary. The member elected a,
chair shall serve as the presiding officer at all meetings of the Equity and Empowermeni
Board. In the absence of the chair, the vice -chair shall preside at such meeting The
secretary shall prepare agendas for each meeting, take minutes of each meeting,
ensure that proper legal notice of all meetings is provided and file minutes with the city
clerk. All officers shall serve for terms that end on December 31 of each year. Members
may be reelected to serve as an officer without limitation.
(2) The Equity and Empowerment Advisory Board shall adopt bylaws with
respect to the operations of the E uit i and Empowerment Advisory Board Such bylaws
shall not be inconsistent with the provisions of section 2 -305. The bylaws shall be
presented to city council for endorsement
(3) The Equity and Empowerment Advisory Board shall develop a schedule
for regular meetings on a monthly basis for each calendar year. Such schedule for each
ensuing year shall be set no later than NovE:mber 30 of the preceding year. The
schedule shall include the dates and times of each regular meetina for the ensuing
calendar year. At the initial meeting of the Equity and Empowerment Advisory Board in
2020 the members shall set its schedule for the balance of 2020 and calendar yea r
2021.
(4) The Equity and Empowerment Advisory Board shall hold public hearings
at one of its regular meetings or at a special meetinq called for that purpose pursuant
section 2- 305(e)(5) at least quarterly during the Year. The purpose of each public
hearing is to receive comments and input from the community with respect the
responsibilities of the Equity and Empowerrri_ent Advisory Board as set forth in
section 2 -305 (b). Notice of each public hearing shall be published in a newspaper of
general circulation within the city at least five (5) days, but not more than ten (10) days
prior to the date of the public hearing
(5) Special meetings of the Equity and Empowerment Advisory Board may be
called by the chair or by two (2) members of the Equity and Empowerment Advisory
Board with at least twelve (12) hours prior notice to each member, delivered in hand or
by electronic mail The notice of the special meeting shall set forth the purpose of the
special meeting and the special meeting shall be limited to that purpose
(6) The city manager shall appoint staff to assist the secretary in the
performance of the secretary's duties to keep minutes and records of all proceedings of
the board prepare agendas for meetings notify members of meetings arrange for legal
notices of meetings prepare all agenda packages and perform all other duties of a
secretary. The city attorney shall provide legal advice and assistance to the Equity and
Empowerment Advisory Board
177
(f) Reports to city council.
(1) The Equity and Empowerment Advisory Board shall make
recommendations to city council as determined by such board. All recommendations
shall be in writing and delivered to the city clerk for inclusion the city council agenda
packages The chair of the Equity and Empowerment Advisory Board shall attend the
city council session at which such recommendations are considered by city council.
(2) The Equity and Empowerment Advisory Board shall make an annual
written report to city council at the second session of city council in December. The
annual report shall summarize the matters considered by the Equity and Empowerment
Advisory Board the recommendations made to city council, and the objectives of the
Equity and Empowerment Advisory Board for the following year. The chair of the Equity
and Empowerment Board shall present the report at the second session of City Council
in December.
4. The ordinance shall be effective upon passage.
5. The second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of July, 2020.
No. 417800- 070620.
A RESOLUTION affirming the appointment of Dr. Brenda L. Hale as a member of
p,,,. the Star City Strong Recovery Fund Task Force.
6
178
WHEREAS, City Council created the Star City Strong Recovery Fund Task Force
(Task Force) through the adoption of Resolution No. 41741- 060120, adopted June 1,
2020, to consider the challenges confronting the City from the COVID -19 pandemic
disaster and the opportunities available to the community through the Star City Strong
Recovery Fund, and to make recommendations to City Council regarding the use of the
Star City Strong Recovery Fund;
WHEREAS, the members of the Task Force were appointed by City Council on
June 15, 2020 by Resolution No. 41771 - 061520; and Dr. Hale had not been reached to
confirm her availability or willingness to serve when the remainder of the nominations
were made; and
WHEREAS, Dr. Brenda L. Hale has now agreed to serve as The Roanoke
Branch of the National Association for the Advancement of Colored People (NAACP)
representative on the Star City Strong Recovery Fund Task Force.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Roanoke
affirms the appointment of Dr. Brenda L. Hale as the representative of the NAACP to
the Star City Strong Recovery Fund Task Force.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC V
City Clerk Sherman P. Lea, Sr.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of July, 2020.
No. 41801- 070620.
A RESOLUTION consenting to the appointment Cecelia T. Webb as the Deputy
City Clerk effective June 30, 2020.
WHERESAS, the City Clerk desires to appoint Cecelia T. Webb as the Deputy
City Clerk of the City of Roanoke effective June 30, 2020; and
179
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.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the
appointment of Cecelia T. Webb as Deputy City Clerk of the City of Roanoke, effective
June 30, 2020, is hereby consented to in accordance with Section 24 of the Roanoke
City Charter of 1952.
APPROVED
ATTEST:
Cecelia F. McCoy, CIVIC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 201h day of July, 2020.
No. 41802- 072020.
A RESOLUTION accepting the Rescue Squad Assistance Fund 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 grant made to the City by the Virginia Department of Health, Office of Emergency
Medical Services, in the amount of $162,000, with a local match of $162,000, making
the total funding in the amount of $324,000, to be used to purchase Heart
Monitors /Defibrillators, as more particularly described in the City Council Agenda Report
dated July 20, 2020.
2. The City Manager is hereby authorized to execute and file, on behalf of
the City, any necessary documents to accept the grant, in a form approved by the City
Attorney.
3. The City Manager is further directed to furnish such additional information
as may be required in connection with the City's acceptance of this grant.
APPROVED
ATTEST:
Cecelia
F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2020.
No. 41803- 072020.
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 2020 - 2021 General Fund and Grant Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
181
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2020 - 2021 General Fund and Grant Fund Appropriations be, and the
same are hereby, amended and reordained to read and provide as follows:
Appropriations
Other Equipment
Revenues
RSAF Equipment FY21 — State
RSAF Equipment FY21 — Local
35- 520 - 3729 -9015 324,000
35- 520 - 3729 -3729 162,000
35- 520 - 3729 -3730 162,000
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:
Cecelia F. McCoy, CMC S erman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2020.
No. 41804- 072020.
A RESOLUTION accepting the Fiscal Year 2020 - 2021 Community
Development Block Grant, HOME Investment Partnerships Program funds, and
Emergency Solutions Grant funds by the United States Department of Housing and
Urban Development ( "HUD "), and authorizing the City Manager to execute Grant
Agreements, Funding Approvals and other documents required by HUD, and such
subgrant agreements, amendments and other documents as may be required pursuant
to the Annual Update to the 2020 - 2021 HUD Action Plan ( "Annual Update "), under
certain conditions.
182
BE IT RESOLVED by the Council of the City of Roanoke ( "Council ") as follows:
1. The Fiscal Year 2020 - 2021 Community Development Block Grant in the
amount of $1,795,505 with a prior year entitlement in the amount of $320,000; HOME
Investment Partnerships Program funds in the amount of $676,053 with a prior year
entitlement in the amount of $70,000; and the Emergency Solutions Grant Program
funds in the amount of $152,376 with a prior year entitlement in the amount of $0, from
HUD are hereby ACCEPTED.
2. The City Manager and the City Clerk are authorized to execute and attest,
respectively, Grant Agreements, Funding Approvals and other documents, required by
HUD, and any and all understandings, assurances and documents relating thereto, to
accept such funds, each of such documents to be in such form as is approved by the
City Attorney, as more particularly set out in the City Council Agenda Report dated
July 20, 2020, to this Council.
3. The City Manager and the City Clerk are further authorized to execute and
attest, respectively, such subgrant agreements and amendments as may be required
pursuant to the Fiscal Year 2020 - 2021 Annual Update approved by Council by
Resolution No. 41763- 061520, on June 15, 2020, and as may otherwise exceed the
City Manager's authority under Section 2 -124 of the Code of the City of Roanoke
(1979), as amended, such subgrant agreements or amendments to be within the limits
of funds provided for in the Annual Update and to be approved as to form by the City
Attorney.
ATTEST:
Cecelia F. McCoy, CMC
City Clerk
e Lea, Sr.
Mayor
PF
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20t' day of July, 2020.
No. 41805- 072020.
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 2020 - 2021 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 2020 - 2021 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
HOME
— Regular Employee Salaries
35- 090 - 5412 -1002 $
(2,676)
HOME
— Training and Development
35- 090 - 5412 -2044
(3,000)
HOME
— Reserve Home Ownership Project Funds
35- 090 - 5412 -5526
(66,660)
HOME
— Habitat -New Home Ownership
35- 090 - 5412 -5647
72,336
HOME
— Regular Employee Salaries
35- 090 - 5414 -1002
(5,159)
HOME
— City Retirement
35- 090 - 5414 -1105
(764)
HOME
— 401 H Health Savings
35- 090 - 5414 -1117
347
HOME
— FICA
35- 090 - 5414 -1120
(456)
HOME
— Medical Insurance
35- 090 - 5414 -1125
(2,414)
HOME
— Health Insurance Premium PPO — ER
35- 090 - 5414 -1180
1,599
HOME —
Health Insurance Premium HRA — ER
35- 090 - 5414 -1183
2,667
HOME —
HRA — ER
35- 090 - 5414 -1184
200
HOME —
Habitat -New Home Ownership
35- 090 - 5414 -5647
7,913
HOME —
Regular Employee Salaries
35- 090 - 5440 -1002
47,455
HOME —
City Retirement
35- 090 - 5440 -1105
7,329
HOME —
FICA
35- 090 - 5440 -1120
3,548
HOME —
Medical Insurance
35- 090 - 5440 -1125
5,651
HOME —
Dental Insurance
35- 090 - 5440 -1126
360
HOME —
Life Insurance
35- 090 - 5440 -1130
608
•
HOME
— Disability Insurance
35- 090 - 5440 -1131 $
141
HOME
— Training and Development
35- 090 - 5440 -2044
2,000
HOME
— Downpayment Assistance
35- 090 - 5440 -5119
20,000
HOME
— Habitat -New Home Ownership
35- 090 - 5440 -5647
588,961
ESG —
Regular Employee Salaries
35 -E19- 5232 -1002
342
ESG —
City Retirement
35 -E19- 5232 -1105
97
ESG —
Medical Insurance
35 -E19- 5232 -1125
(332)
ESG —
Program Activities
35 -E19- 5232 -2066
177
ESG —
Council of Community Services
35 -E19- 5232 -5618
(2,871)
ESG —
Family Promise
35 -E19- 5232 -5644
3,976
ESG —
ARCH
35 -E19- 5232 -5650
(1,389)
ESG —
Family Promise
35 -E20- 5234 -5644
15,000
ESG —
ARCH
35 -E20- 5234 -5650
211,917
ESG —
Program Activities
35 -E21- 5237 -2066
5,000
ESG —
Council of Community Services
35 -E21- 5237 -5618
77,676
ESG —
Family Promise
35 -E21- 5237 -5644
29,500
ESG —
ARCH
35 -E21- 5237 -5650
40,200
CDBG
— World Changers 2008
35 -G18- 1819 -5486
65,818
CDBG
— Neighborhood Infrastructure
35 -G18- 1820 -5550
(65,818)
CDBG
— Empowering Individuals
35 -G19- 1919 -5057
28,967
CDBG
— Demolition
35 -G19- 1919 -5108
(3,324)
CDBG
— Emergency Home Repair TAP
35 -G19- 1919 -5470
10,715
CDBG
— World Changers 2008
35 -G19- 1919 -5486
(30,399)
CDBG
— Limited Housing Rehabilitation MOTA
35 -G19- 1919 -5665
44,845
CDBG
— Target Neighborhood Infrastructure
35 -G19- 1920 -5442
(64,320)
CDBG
— Neighborhood Infrastructure
35 -G19- 1920 -5550
(18,682)
CDBG
— Habitat — New Home Ownership
35 -G19- 1920 -5647
108,528
CDBG
— Infrastructure Improvements
35 -G19- 1920 -5649
(59,983)
CDBG
— Major Home Repair MOTA
35 -G19- 1920 -5666
38,564
CDBG
— Regular Employee Salaries
35 -G19- 1922 -1002
6,940
CDBG
— City Retirement
35 -G19- 1922 -1105
2,159
CDBG
— 401 H Health Savings Match
35 -G19- 1922 -1117
2
CDBG
— FICA
35 -G19- 1922 -1120
(72)
CDBG
— Dental Insurance
35 -G19- 1922 -1126
(356)
CDBG
— Life Insurance
35 -G19- 1922 -1130
36
CDBG
— Disability Insurance
35 -G19- 1922 -1131
(116)
CDBG
— Health Insurance Premium PPO — ER
35 -G19- 1922 -1180
(6,883)
CDBG
— Health Insurance Premium HRA — ER
35 -G19- 1922 -1183
111
CDBG
— HRA — ER
35 -G19- 1922 -1184
200
CDBG
— Fees for Professional Services
35 -G19- 1922 -2010
(28,250)
iE:�
CDBG — Advertising
35 -G19- 1922 -2015
$ (1,662)
CDBG
— Telephone
35 -G19- 1922 -2020
(2,400)
CDBG
— Administrative Supplies
35 -G19- 1922 -2030
(1,278)
CDBG
— Expendable Equipment ( <$5000)
35 -G19- 1922 -2035
(5,000)
CDBG
— Dues and Memberships
35 -G19- 1922 -2042
(560)
CDBG
— Training and Development
35 -G19- 1922 -2044
(12,787)
CDBG
— Printing
35 -G19- 1922 -2075
(2,000)
CDBG
— Records Management
35 -G19- 1922 -2082
(500)
CDBG
— Postage
35 -G19- 1922 -2160
(474)
CDBG
— Xerox Lease
35 -G19- 1922 -3045
(1,000)
CDBG
— DOT Billings
35 -G19- 1922 -7005
(500)
CDBG
— Risk Management
35 -G19- 1922 -7017
(500)
CDBG
— Regular Employee Salaries
35 -G19- 1923 -1002
(833)
CDBG
— City Retirement
35 -G19- 1923 -1105
(431)
CDBG
— 401 H Health Savings Match
35 -G19- 1923 -1117
3
CDBG
— FICA
35 -G19- 1923 -1120
(543)
CDBG
— Dental Insurance
35 -G19- 1923 -1126
10
CDBG
— Disability Insurance
35 -G19- 1923 -1131
(213)
CDBG
— Health Insurance Premium PPO — ER
35 -G19- 1923 -1180
(5,751)
CDBG
— HSA — ER
35 -G19- 1923 -1182
942
CDBG
— Health Insurance Premium HRA — ER
35 -G19- 1923 -1183
281
CDBG —
HRA — ER
35 -G19- 1923 -1184
30
CDBG —
Health Insurance Premium HSA — ER
35 -G19- 1923 -1185
6,505
CDBG —
Youth Support Services
35 -G19- 1939 -3742
(6,000)
CDBG —
Children's Advocacy Center
35 -G19- 1939 -3918
7,645
CDBG —
Child Health Investment Partnership
35 -G19- 1939 -5556
(12,925)
CDBG —
Home Stabilization for Families in Need
35 -G19- 1939 -5604
12,769
CDBG —
Trust Healthy Family
35 -G19- 1939 -5652
(4,668)
CDBG —Training
and Development
35 -G19- 1944 -2044
5,369
CDBG —
Neighborhood Development
35 -G19- 1944 -5642
(2,211)
CDBG —
Empowering Individuals
35 -G20- 2019 -5057
(32,397)
CDBG —
Rental Rehabilitation
35 -G20- 2019 -5236
150,000
CDBG —
Emergency Home Repair TAP
35 -G20- 2019 -5470
(52,904)
CDBG —
World Changers 2008
35 -G20- 2019 -5486
(35,419)
CDBG —
Limited Housing Rehabilitation MOTA
35 -G20- 2019 -5665
(44,845)
CDBG —
Habitat — New Home Ownership
35 -G20- 2020 -5647
18,964
CDBG —
Infrastructure Improvements
35 -G20- 2020 -5649
(18,682)
CDBG —
Major Home Repair MOTA
35 -G20- 2020 -5666
18,800
CDBG —
Children's Advocacy Center
35 -G20- 2039 -3918
(7,645)
CDBG —
Housing Stabilization for Families in Need
35 -G20- 2039 -5604
(12,899)
r
CDBG
- Neighborhood Infrastructure
35 -G20- 2044 -5550 $
84,500
CDBG
- Neighborhood Development
35 -G20- 2044 -5642
(7,200)
CDBG
- Professional Health Services
35 -G20- 2045 -0311
102,159
CDBG
- Food Costs
35 -G20- 2045 -0319
50,000
CDBG
- Coronavirus Expenses
35 -G20- 2045 -3081
180,658
CDBG
- Refugee Resettlement
35 -G20- 2045 -3150
25,708
CDBG
- Brain Injury Services of SWVA
35 -G20- 2045 -3916
47,700
CDBG
- Home Stabilization for Families in Need
35 -G20- 2045 -5604
200,000
CDBG
- Micro - Business Loan Pool
35 -G20- 2046 -5018
450,000
CDBG
- Empowering Individuals
35 -G21- 2119 -5057
50,000
CDBG
- Emergency Home Repair TAP
35 -G21- 2119 -5470
105,000
CDBG
- World Changers ?008
35 -G21- 2119 -5486
60,000
CDBG
- Limited Housing Rehabilitation MOTA
35 -G21- 2119 -5665
82,000
CDBG
- Target Neighborhood Infrastructure
35 -G21- 2120 -5442
850,000
CDBG
- Residential Facade Project
35 -G21- 2120 -5619
40,000
CDBG
- Regular Employee Salaries
35 -G21- 2122 -1002
153,193
CDBG
- City Retirement
35 -G21- 2122 -1105
24,205
CDBG
- FICA
35 -G21- 2122 -1120
11,719
CDBG
- Medical Insurance
35 -G21- 2122 -1125
20,941
CDBG
- Dental Insurance
35 -G21- 2122 -1126
1,280
CDBG
- Life Insurance
35 -G21- 2122 -1130
2,007
CDBG -
Disability Insurance
35 -G21- 2122 -1131
464
CDBG -
Fees for Professional Services
35 -G21- 2122 -2010
42,000
CDBG -
Advertising
35 -G21- 2122 -2015
6,500
CDBG -
Telephone
35 -G21- 2122 -2020
2,400
CDBG -
Administrative Supplies
35 -G21- 2122 -2030
2,500
CDBG - Expendable Equipment ( <$5000)
35 -G21- 2122 -2035
2,500
CDBG -
Dues and Memberships
35 -G21- 2122 -2042
1,700
CDBG -
Training And Development
35 -G21- 2122 -2044
12,000
CDBG -
Printing
35 -G21- 2122 -2075
2,000
CDBG -
Records Management
35 -G21- 2122 -2082
500
CDBG -
Postage
35 -G21- 2122 -2160
700
CDBG -
Xerox Lease
35 -G21- 2122 -3045
1,000
CDBG -
Neighborhood Planning Activities
35 -G21- 2122 -5634
20,493
CDBG -
Dot Billings
35 -G21- 2122 -7005
500
CDBG -
Risk Management
35 -G21- 2122 -7017
500
CDBG -
Regular Employee Salaries
35 -G21- 2123 -1002
116,555
CDBG -
City Retirement
35 -G21- 2123 -1105
19,908
CDBG
- 401 H Health Savings Match
35 -G21- 2123 -1117
1,166
CDBG
- FICA
35 -G21- 2123 -1120
8,917
ireyA
CDBG — Medical Insurance
35 -G21- 2123 -1125
$ 11,434
CDBG — Dental Insurance
35 -G21- 2123 -1126
654
CDBG — Life Insurance
35 -G21- 2123 -1130
1,527
CDBG — Disability Insurance
35 -G21- 2123 -1131
392
CDBG — Children's Trust — CASA
35 -G21- 2139 -3775
22,875
CDBG — Children's Advocacy Center
35- G21- 2139 -3918
34,750
CDBG — Apple Ridge Farms
35 -G21- 2139 -5084
50,000
CDBG — Neighborhood Development
35 -G21- 2144 -5642
31,225
Revenues
HOME Program Income FY20
35- 090 - 5414 -5415
3,933
HOME Entitlement FY21
35- 090 - 5440 -5440
676,053
ESG CARES COVID -19 FY20
35 -E20- 5234 -5234
226,917
ESG Entitlement FY21
35 -E21- 5237 -5237
152,376
CDBG — Program Income FY20
35 -G20- 2000 -3815
740
CDBG — Program Income RRHA FY20
35 -G20- 2000 -3816
59,533
CDBG —CARES COVID-19 FY20
35 -G20- 2000 -3817
1,056,225
CDBG Entitlement FY21
35 -G21- 2100 -3818
1,795,505
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
W016F018
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 201h day of July, 2020.
No. 41806- 072020.
A RESOLUTION authorizing the issuance and execution of Change Order No. 2
by the City Manager to the City's Contract with Aaron J. Conner General Contractor,
Inc. for additional work on the Cove Road /Dansbury Drive Drainage Improvement
Project ( "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 Change Order No. 2 to the above mentioned Contract, as well
as the Contract itself.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized to issue and execute Change
Order No. 2, approved as to form by the City Attorney, to the City's Contract with
Aaron J. Conner General Contractor, Inc. for additional work for the Project in the
amount of $42,014.87, as well as an additional twenty -one (21) days to complete the
project, all as more fully set forth in the City Council Agenda Report dated July 20,
2020.
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 No. 2 mentioned above, as well as the Contract
itself, with all such documents to be approved by the City Attorney.
APPROVED
ATTEST:
e4UZ4a_ � �c4e1
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2011 day of July, 2020.
No. 41807- 072020.
AN ORDINANCE authorizing the City Manager to execute Amendment No. 6 to
the Agreement for Purchase and Sale of Real Property for the Development of a
Downtown Parking Facility and Hotel, dated September 20, 2018 (the "Agreement ")
between the City of Roanoke, Virginia (the "City "), Market Holdings, LLC, ( "MH ") and
Big Lick Hospitality, LLC ( "Big Lick "), which proposed Agreement provided that the City,
as the owner of certain real property of approximately 0.3607 acres, together with
improvements thereon, situated at 120 Church Avenue, S. E., Roanoke, Virginia,
designated as Official Tax Map No. 4011413 ( "City Parcel "); MH, as the owner of certain
real property of approximately 0.5755 acres, together with improvements thereon,
situated at 116 Church Avenue, S. E., Roanoke, Virginia, designated as Official Tax
Map No. 4011412 ( "MH Parcel "); and Big Lick, agreed that the City would (i) acquire the
MH Parcel; (ii) consolidate the MH Parcel with the City Parcel (collectively, the
"Property "); (iii) construct on the Property and own a Parking Facility, in fee simple, and
(iv) convey to Big Lick condominium units, certain air rights, and appropriate
nonexclusive easement rights within the Parking Facility for the construction and
operation of a Hotel Facility to accommodate the operation of a Hotel on portions of the
Property, to amend certain terms of the Agreement to extend the Inspection Period, as
defined in the Agreement; reordaining Ordinance No. 41267- 091718, adopted on
September 17, 2018, Ordinance No. 41450 - 052019, adopted on May 20, 2019,
Ordinance No. 41514 - 071519, adopted July 15, 2019, Ordinance No. 41595 - 102119
adopted October 21, 2019, Ordinance No. 41654- 012120, adopted January 21, 2020,
and Ordinance No. 41963- 031620, adopted March 16, 2020, only to the extent not
inconsistent with this Ordinance; authorizing the City Manager to execute all documents
necessary to perform, effectuate, administer, and enforce the proposed Amendment
No. 6, Amendment No. 5, Amendment No. 4, Amendment No. 3, Amendment No. 2,
Amendment No. 1, and the Agreement; and dispensing with the second reading of this
Ordinance by title.
WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 41267-
091718, adopted on September 17, 2018, in which Council approved the terms of the
Agreement between the City, MH and Big Lick;
WHEREAS, the City, MH and Big Lick executed the Agreement which was dated
September 20, 2018;
WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 41450-
052019, adopted May 20, 2019, in which Council approved the terms of an Amendment
No. 1 to the Agreement between the City, MH and Big Lick;
WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 41514-
071519, adopted July 15, 2019, in which Council approved the terms of an Amendment
No. 2 to the Agreement between the City, MH and Big Lick;
WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 41595-
102119, adopted October 21, 2019, in which Council approved the terms of an
Amendment No. 3 to the Agreement between the City, MH and Big Lick;
WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 41654-
012120, adopted January 21, 2020, in which Council approved the terms of an
Amendment No. 4 to the Agreement between the City, MH and Big Lick;
WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 41693-
031620, adopted March 16, 2020, in which Council approved the terms of an
Amendment No. 5 to the Agreement between the City, MH and Big Lick;
WHEREAS, under the terms of the Agreement, the Inspection Period expired on
June 30, 2020, with the express understanding of the Parties that the Inspection Period
is extended to July 31, 2020, pending action of City Council with respect to Amendment
No. 6;
WHEREAS, all Parties have requested extensions of the Inspection Period, as
defined in the Agreement, to complete its due diligence and inspections in form and
substance acceptable to the City, MH, and Big Lick, including without limitation the
determination whether the development of the Parking Facility or the Hotel Facility are
feasible; and
WHEREAS, the City, MH and Big Lick desire to amend the Agreement to
address these matters in accordance with the terms of this Amendment No. 6.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. City Council hereby approves the terms of Amendment No. 6 to the
Agreement as set forth in the City Council Agenda Report dated July 20, 2020, which
Amendment No. 6 amends the Agreement approved by City Council by Ordinance No.
41267- 091718, adopted on September 17, 2018, and amends Amendment No. 1
approved by City Council by Ordinance No. 41450 - 052019, adopted May 20, 2019, and
amends Amendment No. 2 approved by City Council by Ordinance No. 41514 - 071519,
adopted July 15, 2019, and amends Amendment No. 3 approved by City Council by
Ordinance No. 41595- 102119, adopted October 21, 2019, and amends Amendment
No. 4 approved by City Council by Ordinance No. 41654- 012120, adopted January 21,
2020, and Amendment No. 5 approved by City Council by Ordinance No. 41693-
031620, adopted March 16, 2020, and provides for certain undertakings and obligations
by Big Lick, the City, and MH.
191
2. The City Manager is hereby authorized on behalf of the City to execute
Amendment No. 6 to the Agreement, to amend certain terms of the Agreement to ratify
and confirm the extension of the Inspection Period to July 31, 2020, with options to
extend the Inspection Period for further periods of time, to complete the Parties due
diligence review of the Property, as set forth in the aforementioned City Council Agenda
Report. Amendment No. 6 to the Agreement is to be substantially similar to the
Amendment No. 6 attached to the Agenda Report.
3. The City Manager is further authorized on behalf of the City to negotiate
and execute such further documents and take such further actions related to this matter
and as may be necessary to implement, administer, and enforce the conditions and
obligations that must be met by Big Lick, the City, and MH pursuant to the Agreement,
Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4,
Amendment No. 5, and Amendment No. 6.
4. The form of the documents referred to above and in the Agenda Report
are to be approved by the City Attorney.
5. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this Ordinance by title is hereby dispensed with.
ATTEST:
J. &A Q�
Cecelia F. McCoy, CMC Sherman P. Lea, r.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of July, 2020.
No. 41808 - 072020.
A RESOLUTION approving the Roanoke Valley Broadband Authority's Amended
and Restated Articles of Incorporation.
WHEREAS, the Roanoke Valley Broadband Authority (the "Authority "), is an
authority formed and existing in accordance with the provisions of Chapter 54.1 of
Title 15.2 of the Code of Virginia, 1950, as amended, the Virginia Wireless Service
Authorities Act §§ 15.2- 5431.1- 15.2- 5431.37 (the "Act ");
192
om
WHEREAS, by concurrent resolutions adopted October 21, 2013, the Board of
Supervisors of Roanoke County, Virginia ( "Roanoke County "), the Board of Supervisors
of Botetourt County, Virginia ( "Botetourt County "), the Council of the City of Roanoke,
Virginia ( "Roanoke City "), and the Council of the City of Salem, Virginia ( "Salem City ")
adopted Articles of Incorporation (the "Articles ") of the Authority pursuant to the
provisions of the Act;
WHEREAS, the Authority has organized itself and operated successfully under
the Articles and has established itself as an effective agent in the Roanoke Valley for its
primary network infrastructure;
WHEREAS, the Authority has established its significant network footprint in the
Roanoke Valley and now serves major education and research institutions in the
Innovation Corridor of the City of Roanoke and mission critical enterprises across all the
localities of the Authority;
WHEREAS, the Authority's revenues continue to increase with the addition of
service providers utilizing its open access carrier grade fiber optic network;
WHEREAS, the Authority continues to expand its network and serve the
Roanoke Valley to support its mission and mandate;
WHEREAS, the Authority continues to examine and evaluate new service areas
and delivery methods to support the economic development and well -being of the
Roanoke Valley;
WHEREAS, the Authority has lobbied the Virginia General Assembly for the
ability to increase the number of its Members and has received an amendment to the
Act permitting the increase of its Members from five (5) to seven (7);
WHEREAS, the Authority is considering the addition of Members representing
Virginia Polytechnic Institute and State University and Carilion Clinic;
WHEREAS, the Authority is following the procedure for amendment contained
within the current Articles of Incorporation;
WHEREAS, the Authority, through its Board of Directors, has resolved to amend
and restate its Articles of Incorporation so as to allow additional membership in keeping
with the recent changes to the Act enacted by the Virginia General Assembly; and
WHEREAS, the Authority now seeks approval from the governing bodies of each
of its member localities to amend, restate and file with the Virginia State Corporation
Commission its Amended and Restated Articles of Incorporation substantially in the
following form:
193
AMENDED AND RESTATED ARTICLES OF INCORPORATION
OF THE
ROANOKE VALLEY BROADBAND AUTHORITY
The Board of Supervisors of Roanoke County, Virginia, the Board of Supervisors of
Botetourt County, Virginia, the Council of the City of Roanoke, Virginia, and the
Council of the City of Salem, Virginia (the "Locality Members "), have by concurrent
resolutions adopted the following Amended and Restated Articles of Incorporation of
the Roanoke Valley Broadband Authority, pursuant to the Virginia Wireless Services
Authorities Act (Chapter 54.1, Title 15.2 of the 1950 Code of Virginia, as amended),
(the "Act'). The Authority shall exist for a term of fifty (50) years from the date of the
adoption of the concurrent resolutions as a political subdivision.
ARTICLE I
NAME AND ADDRESS
The name of the Authority is the Roanoke Valley Broadband Authority (the
"Authority ") and the address of its principal office is 601 South Jefferson Street, Suite
110, Roanoke, VA 24011. The location of the principal office may be changed by the
concurrence of three - fourths (3/) of the Authority members present at any regular
meeting, provided that the clerk of the governing body of each Locality Member has
been notified of the contemplated relocation in writing at least thirty (30) days before
such meeting.
ARTICLE II
CREATING JURISDICTIONS
These Amended and Restated Articles of Incorporation shall not be further amended
or changed without the express agreement of the governing body of each Locality
Member. None of the following actions shall be taken or permitted to occur by the
Board of the Authority without the affirmative vote of a majority of the Individual
Members from each incorporating political subdivision creating the Authority:
1. The inclusion of additional political subdivisions in the Authority.
2. Additional agreements with political subdivisions other than Authority
members, entities, or persons, local universities and colleges, local
hospital systems, the Town of Vinton, and the Western Virginia Water
Authority for the expansion of services or network, or wireless
infrastructure.
ARTICLE III
MEMBERS, TERMS OF OFFICE
The Authority will be governed by a Board consisting of seven (7) Individual Members,
four (4) of which have been appointed or confirmed by the Locality Members. The fifth
(5th) Individual Member is a Citizen Member who has been recommended by the
Members and confirmed by the Locality Members. nThe sixth (6th) Individual Member
shall be a Citizen Member nominated by Virginia Polytechnic Institute and State
University and confirmed by the Locality Members. The seventh (7th) Individual Member
shall be a Citizen Member nominated by Carilion Clinic and confirmed by the Locality
Members.
The term of office of the Authority Members shall be for four (4) years. Members may
serve additional terms as appointed or nominated by their governing body. The initial
terms of office for the sixth (6th) and seventh (7th) Citizen Members shall be staggered
with the initial terms being for approximately 2 and 4 years ending December 12 in the
appropriate year.
The names and addresses, and terms of office of the current Members of the Board of
the Authority and the two (2) new Citizen Members are as follows:
Name and address Designator Term expires
1. Jay Taliaferro Salem 12/12/23
City Manager's Office
114 North Broad Street
Salem, VA 24153
2. Dan O'Donnell Roanoke County 12/12/21
County Administrator's Office
5204 Bernard Drive
Roanoke, VA 24018 -0798
3. Gary Larrowe Botetourt County 12/12/23
County Administrator's Office
1 West Main Street, Box 1
Fincastle, VA 24090
4. Michael McEvoy Broadband Authority 12/12/21
Western Virginia Water Authority
601 S. Jefferson Street, Suite 200
Roanoke, VA 24011
5 Robert S. Cowell, Jr Roanoke City 12/12/23
City Manager's Office
195
Room 364, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
6. Scott F. Midkiff, Ph.D. Virginia Tech 12/12/22
Vice President for Information Technology & Chief Information Officer
Professor of Electrical and Computer Engineering
Vice President for Information Technology (0 169)
Burruss Hall, Suite 314, Virginia Tech
800 Drillfield Drive
Blacksburg, VA 24061
7. Robert K. Perry (Keith) Carilion Clinic 12/12/24
Senior Vice President and CIO
Carilion Clinic
451 Kimball Ave.
Roanoke, VA 24016
The governing body of each Locality Member shall be empowered to remove, at any
time, without cause, the Individual Member appointed by it and appoint a successor
Individual Member to fill the unexpired portion of the removed Member's term.
Vacancies on the Board shall be filled for the unexpired term in the same manner as
the appointment of the Individual Member being removed from or vacating the Board
was made.
Each Individual Member shall be reimbursed by the Authority for the amount of actual
expenses in performance of duties as an Individual Member of the Authority.
Each Individual Member of the Board shall have one equal vote in all matters before
the Authority. Individual Members may resign at any time.
196
ARTICLE IV
PURPOSE
The purpose of the Authority is to provide qualifying communication services as
authorized by Article 5.1 (§ 56- 484.7:1 et seq.) of Chapter 15 of Title 56 of the 1950
Code of Virginia, as amended and to provide such other services as provided by law
and Chapter 54.1 of Title 15.2 of the 1950 Code of Virginia, as amended. Such
services are to be provided to the geographic areas of the County of Roanoke, the
County of Botetourt, the City of Roanoke, the City of Salem, Virginia and to such
other service areas as the Board may adopt from time to time to establish local
governmental network(s) to meet the communication needs of Locality Members,
Virginia Polytechnic Institute and State University and Carilion Clinic and their
affiliates and subsidiaries and in accordance with the contracts and agreements by
and between this Authority and other private or public entities as the Authority may
agree in writing upon the terms and conditions established pursuant to such
contracts.
ARTICLE V
POWERS, GENERAL OPERATIONS
The Authority shall have all the powers granted by Section 15.2- 5431.11 of the 1950
Code of Virginia, as amended.
The general business of the Authority, including the issuance of revenue bonds
and refunding bonds as permitted by the Act and the expenditure of funds for general
expenses, shall be conducted by the majority action of the Board of the Authority,
provided such Board may create an executive committee and such other committees
as the Board may direct, including project committees. The Authority is vested with
the powers of a body corporate, including the power to sue and be sued in its own
name, plead and be impleaded, and adopt and use a common seal and alter the
same as may be deemed expedient.
ARTICLE VI
DISSOLUTION
The Board of the Authority may determine that the purposes for which the Authority
was created have been completed, or are impractical or impossible to complete, and
that all of the obligations have been paid, or have been assumed by one or more
political subdivisions or any Authority created thereby, or that cash or United States
government securities have been deposited for their payment. In such event, it shall
adopt and file with each of the governing bodies a resolution declaring such facts. If
the governing bodies adopt a resolution, concurring in such declaration and finding
that the Authority should be dissolved, they shall file appropriate articles of
dissolution with the State Corporation Commission.
EM
197
ARTICLE VII
WITHDRAWAL OF LOCALITY
A locality may withdraw from the Authority at any time, provided, that no locality may
withdraw from the Authority at any time when bonds are outstanding unless all
remaining members approve such withdrawal at such time. Prior to withdrawing, a
locality shall provide the Authority and each of the other participating localities with
written notice of the locality's intent to withdraw.
In the event that a locality withdraws, such locality electing to withdraw shall execute
all documents necessary to reflect such withdrawal, the remaining participating
localities shall appoint a replacement member to the Board, and file proper
amendments to these Articles with the State Corporation Commission. If any of the
governing bodies of the remaining participating localities fails to act or are unable to
act to appoint a replacement member within sixty (60) days after the locality electing
to withdraw provides notice of withdrawal, then the appointment of the replacement
member shall be made by the judges of the Circuit Court for the 23rd Judicial Circuit.
ARTICLE VIII
AUDIT
The Authority shall cause an annual audit of its books and records to be made by the
-,. State Auditor of Public Accounts or by an independent certified public accountant at the
end of each fiscal year and a certified copy thereof to be filed promptly with the
governing bodies of each of the incorporating political subdivisions.
IN WITNESS WHEREOF, the Board of Supervisors of Roanoke County, Virginia, the
Board of Supervisors of Botetourt County, Virginia, the City Council of the City of
Roanoke, Virginia, and the City Council of the City of Salem, Virginia have caused
these Articles of Incorporation to be executed in their respective names, and their
respective seals have been affixed and attested by the respective clerks of each, this
day of
Attest:
Deborah C. Jacks,
Chief Deputy Clerk to the Board
SEAL
Approved as to Form:
ROANOKE COUNTY, VIRGINIA
David F. Radford, Chairman
Board of Supervisors
iWee
County Attorney
Attest:
Susan Fain, Deputy Clerk
to the Board
SEAL
Approved as to Form:
County Attorney
BOTETOURT COUNTY, VIRGINIA
Billy W. Martin, Sr., Chairman
Board of Supervisors
CITY OF ROANOKE, VIRGINIA
Attest: By:
Cecelia F. McCoy, CMC, Clerk
SEAL
Approved as to Form:
City Attorney
Attest:
James Taliaferro, Clerk
SEAL
Sherman P. Lea, Sr., Mayor
CITY OF SALEM, VIRGINIA
am
Renee F. Turk, Mayor
E
Approved as to Form:
City Attorney
[End form of Amended and Restated Articles of Incorporation]
199
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke,
Virginia, as follows:
1. The Authority's Amended and Restated Articles of Incorporation are
hereby approved by the Council of the City of Roanoke, Virginia, and that the two new
Citizen Members nominated by Virginia Polytechnic Institute and State University and
Carilion Clinic are hereby confirmed.
2. The Mayor is hereby authorized to execute the Amended and Restated
Articles of Incorporation, substantially if the form as presented in this Resolution and
subject to approval as to form by the City Attorney.
3. City Council approves the filing of the Authority's Amended and Restated
Articles of Incorporation with the Virginia State Corporation Commission.
4. This resolution shall take effect upon passage.
ATTEST:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2020.
No. 41809 - 072020.
AN ORDINANCE amending and reordaining Section 14.1 -1, Definitions, Article I,
In General; Section 14.1 -25, Collection of sharps, Division 1, Generally, Article II,
OM Collection by an Authorized Person; Section 14.1 -42, Application for license, Division 2,
Private Collection of Bulk Containers, Article II Collection by an Authorized Person; and
Section 14.1 -45. - Placement and maintenance of bulk containers, Division 2, Private
200
Collection of Bulk Containers, Article II Collection by an Authorized Person; of
Chapter 14. 1, Solid Waste Management, of the Code of the City of Roanoke (1979), as
amended, to comply with Virginia State Code; providing for an effective date; and
dispensing with the second reading of this Ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Chapter 14.1, Solid Waste Management, of the Code of the City of
Roanoke (1979), as amended, is hereby amended, and reordained to read and provide
as follows:
ARTICLE I. IN GENERAL
Sec. 14.1 -1. Definitions.
Household sharps means any needles, syringes with attached needles,
lancets, auto injectors, pen needles, and any other devices that are used
to penetrate the skin for the delivery of medications, that are derived from
households through self -care, rather than under the care of a home
healthcare professional or at a healthcare facility. Household sharps are
sharps which, except for the fact that they are derived from a household,
would otherwise be classified as a regulated medical waste.
Household waste means any waste material, including garbage, trash,
and refuse, derived from households. Households include single and
multiple residences, hotels and motels, bunkhouses, ranger stations,
crew quarters, campgrounds, picnic grounds, and day -use recreation
areas. Household waste does not include sanitary waste in septic tanks
(septage). Waste generated by a health care professional or
nonstationary health care provider administering care in a household,
mobile unit, or commercially operated residence or outpatient recovery
facility, that meets the definition of regulated medical waste is not
household waste and must be managed as regulated medical waste.
Regulated Medical Waste shall mean "regulated medical waste" as
defined in 9 V.A.C. 20- 120 -10 and 9 V.A.C. 20- 120 -80 et seq. This
definition includes, human blood and other bodily fluids and any wastes
contaminated with such, cultures and stock microorganisms and
biologicals, tissues and other anatomical wastes. Beeause of the
the PFE)Gess Of GEAeGtiRg selid waste, all MediGal tubing, bags, ,
201
be tFeated as d Fned ' Regulated medical waste does
not include "household waste" as that term is defined herein.
ARTICLE II. COLLECTION BY AN AUTHORIZED PERSON
DIVISION 1. GENERALLY
Sec. 14.1 -25. Collection of household sharps.
(a) Household Sharps shall be placed for collection in an opaque
plastic container, such as an empty bleach container, a heavy plastic
laundry detergent container, an empty milk container, or an empty plastic
carbonated beverage container which is tightly sealed with a lid. Such a lid
shall be taped closed.
(b) BefQ%- Set-tiRg hg sehe'rd sh. The opaque
Plastic container, in which the household sharps they are placed stered
shall be marked with indelible ink "household sharps do not recycle" or
"home generated sharps do not recycle" on at least two (2) sides of the
container. prev4sk)n Is a Gl Cl c� misderneap r
r�� r
G
(c) Once the household sharps container is properly taped closed and
labeled, it shall then be placed within the individual refuse container used
by the household. The household sharps container shall not be placed for
collection by itself or in a recycling container.
(d) Failure to comply with this provision is a Class 1 misdemeanor.
DIVISION 2. - PRIVATE COLLECTION OF BULK CONTAINERS
Sec. 14.1 -42. - Application for license.
(a) An applicant for the license required by this division shall file with
the city manager an application which sets forth:
202
(1) The name and address of the applicant;
(2) The trade name under which the applicant does or proposes to do
business;
(43) Whether the applicant or any officer or principal of the applicant
has been convicted of any violation of federal, state or municipal law; and
(54) Any other information required by the city manager relating to the
ability of the applicant to operate consistently with the public health,
safety and welfare.
Sec. 14.1 -45. - Placement and maintenance of bulk containers.
(a) No person shall place any bulk container on public property or in
the public right -of -way without WFitteR Permissien Of the Gity manage first
acquiring a dumpster /container permit as outlined in Section 30-2(b) nor
shall any person place such bulk container on private property in such
way that collection of solid waste will obstruct or impede pedestrian or
vehicular traffic or otherwise create a safety hazard.
2. This ordinance shall be effective as of the date of its passage.
3. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
Cecelia F. McCoy, CIVIC
City Clerk
Sherman P. Lea, Sr.
Mayor
203
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2020.
No. 41810- 072020.
AN ORDINANCE extending the term of Ordinance No. 41703- 032720, as
supplemented by Ordinance No. 41709 - 040620, and as reinstated, reordained, and
reaffirmed by Ordinance No. 41797 - 070620; establishing an effective date; and
dispensing with the second reading of this ordinance by title.
WHEREAS, as a result of the COVID -19 pandemic the disaster and the
declarations of emergency by the President of the United States, the Governor of the
Commonwealth of Virginia, and the City of Roanoke, City Council adopted Ordinance
No. 41703 - 032720, at a special session of City Council on March 27, 2020, to effectuate
temporary changes in certain deadlines, modifying public meeting and public hearing
practices and procedures to address the continuity of operations, and authorizing the
City Manager to set the date and time of public hearings on the FY2021 budget and
related matters;
WHEREAS, City Council supplemented Ordinance No. 41703 - 032720 to
effectuate changes in the deadlines for responding to requests for records under the
Virginia Freedom of Information Act with the adoption of Ordinance No. 41709 - 040620;
WHEREAS, Ordinance No. 41703 - 032720, as supplemented by Ordinance No.
41709 - 040620, was in effect for a period of sixty (60) days, subject to further action by
City Council;
WHEREAS, in April 2020, the General Assembly enacted Section 4- 0.01(g),
Chapter 1283, Virginia Acts of Assembly, 2020 Session (Chapter 1283), that authorized,
among other matters, that public bodies could meet via electronic communication
means without a quorum physically present in one location during the state of
emergency created by the COVID -19 pandemic disaster;
WHEREAS, City Council adopted Ordinance No. 41797 - 070620, to reinstate,
reordain, and reaffirm Ordinance No. 41703 - 032720, as supplemented by Ordinance
No. 41709- 040620 from May 25, 2020 through and including July 31, 2020; and
WHEREAS, City administration recommends that City Council further extend the
term of Ordinance No. 41703 - 032720, as supplemented by Ordinance No. 41709-
040620 from July 31, 2020, through and including December 31, 2020.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that:
204
1. The term of Ordinance No. 41703 - 032720, as supplemented by Ordinance
No. 41709 - 040620 and reinstated, reordained, and reaffirmed by Ordinance No. 41797-
070620, be extended from July 31, 2020 through and including December 31, 2020, to
ensure that operations within the City continue without interruption from the COVID -19
pandemic disaster.
2. The provisions of Ordinance No. 41703 - 032720, as supplemented by
Ordinance No. 41709 - 040620, as reinstated, reordained, and reaffirmed by Ordinance
No. 41797 - 070620, shall remain in full force and effect from March 27, 2020, through
and including December 31, 2020, unless amended, rescinded, or readopted by City
Council.
3. This Ordinance shall be effective upon passage.
4. The second reading of this Ordinance is hereby dispensed with.
ATTEST:
J-- V41ALjI,
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2020.
No. 41811- 072020.
AN ORDINANCE to appropriate funding from the Commonwealth and private
grant for various educational programs, amending and reordaining certain sections of
the 2020 - 2021 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 2020 - 2021 School Grant Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
205
Appropriations
Data Processing 302 - 280 - 0000 - 1000 — 3290 - 68200 - 48826 - 3 - 01 $ 808,800
Equipment
Data Processing 302 - 280 - 0000 - 1170 — 329Q - 68200 - 48826 - 3 - 01 26,000
Equipment
Data Processing 302 - 280 - 0000 - 0553 — 329Q - 68200 - 48826 - 3 - 01 26,000
Equipment
Revenues
State Grant 302 - 000 - 0000 - 0000 — 329Q - 00000 - 32104 - 0 - 00 $ 726,000
Receipts
Local Match 302 - 000 - 0000 - 0000 — 329Q - 00000 - 72000 - 0 - 00 134,800
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
0 - J - LM- e-�
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2011 day of July, 2020.
No. 41812 - 072020.
AN ORDINANCE amending and reordaining Section 2 -305, Equity and
Empowerment Advisory Board, Division 2, Permanent Committees Article XIV,
Authorities, Boards, Commissions and Committees Generally Chapter 2,
Administration, Code of the City of Roanoke (1979), as amended; 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:
1. Amend and reordain Section 2 -305, Equity and Empowerment Advisory
Board Division 2, Permanent Committees, Article XIV Authorities, Boards Commissions
and Committees Generally Chapter 2, Administration, Code of the City of Roanoke
(1979), as amended, as follows:
206
Sec. 2 -305 Equity and Empowerment Advisory Board
(b) Purpose, Responsibility
(2) Develop proposed plans for the implementation of policies and action identified
for each priority set forth in the under Interwoven Equity in City Plan 2040; and
(f) Reports to city council.
(1) The Equity and Empowerment Advisory Board shall make
recommendations to city council as determined by such board. All recommendations
shall be in writing and delivered to the city clerk for inclusion in the city council agenda
packages. The chair of the Equity and Empowerment Advisory Board shall attend the
city council session at which such recommendations are considered by city council.
(2) The Equity and Empowerment Advisory Board shall make an annual
written report to city council at the second session of city council in December. The
annual report shall summarize the matters considered by the Equity and Empowerment
Advisory Board, the recommendations made to city council, and the objectives of the
Equity and Empowerment Advisory Board for the following year. The chair of the Equity
and Empowerment Advisory Board shall present the report at the second session of
City Council in December.
2. The ordinance shall be effective upon passage.
3. The second reading of this ordinance by title is hereby dispensed with.
ATTEST:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
207
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2020.
No. 41813- 072020.
AN ORDINANCE rezoning certain properties, owned by Glade Creek
Development, LLC, and located at 402 through 583 Savannah Drive, N. E.; 125 Brenda
Way, N. E.; and 202 through, 246 Georgia Court, N. E., and as more specifically
described in this Ordinance, from MXPUD, Mixed Use Planned Unit Development
District, with conditions, to R -5, Residential Single - Family District, without conditions,
repealing Ordinance No. 40007 - 072114, adopted July 21, 2014, to the extent that it
placed certain conditions on the subject properties; and dispensing with the second
reading of this ordinance by title.
WHEREAS, Stephen C. Rossi, on behalf of Glade Creek Development, LLC, has
made application to the Council of the City of Roanoke, Virginia ( "City Council "), to have
properties located at 402, 406, 410, 414, 418, 422, 426, 430, 434, 438, 442, 446, 450,
454, 458, 462, 466, 470, 474, 478, 502, 506, 510, 514, 518, 522, 526, 530, 534, 538,
542, 546, 550, 554, 558, 562, 566, 570, 574, 578, 579, 575, 571, 567, 563, 559, 555,
551, 547, 543, 539, 535, 531, 527, 523, 519, 515, 511, 507, 503, 483, 479, 475, 471,
467, 463, 459, 455, 451, 447, 443, 439, 435, 431, 583, and 487 Savannah Drive, N. E.;
125 Brenda Way, N. E.; -and 203, 207, 211, 215, 219, 223, 227, 231, 235, 239, 243,
246, 242, 238, 234, 230, 226, 222, 218, 214, 210, 206, and 202 Georgia Court, N. E.,
bearing Official Tax Map Nos. 7060163, 7060164, 7060165, 7060166, 7060167,
7060168, 7060169, 7060170, 7060171, 7060172, 7060173, 7060174, 7060175,
7060176, 7060177, 7060178, 7060179, 7060180, 7060181, 7060182, 7060183,
7060184, 7060185, 7060186, 7060187, 7060188, 7060189, 7060190, 7060191,
7060192, 7060193, 7060194, 7060195, 7060196, 7060197, 7060198, 7060199,
7060200, 7060201, 7060202, 7060203, 7060204, 7060205, 7060206, 7060207,
7060208, 7060209, 7060210, 7060211, 7060212, 7060213, 7060214, 7060215,
7060216, 7060217, 7060218, 7060219, 7060220, 7060221, 7060222, 7060223,
7060224, 7060225, 7060226, 7060227, 7060228, 7060229, 7060230, 7060231,
7060232, 7060233, 7060234, 7060235, 7060236, 7060260, 7060261, 7060113,
7060237, 7060238, 7060239, 7060240, 7060241, 7060242, 7060243, 7060244,
7060245, 7060246, 7060247, 7060248, 7060249, 7060250, 7060251, 7060252,
7060253, 7060254, 7060255, 7060256, 7060257, 7060258, and 7060259, respectively,
rezoned from MXPUD, Mixed Use Planned Unit Development District, with conditions to
R -5, Residential Single - Family District, and to repeal Ordinance No. 40007 - 072114,
adopted July 21, 2014, to the extent that it placed certain conditions on the subject
properties;
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to
City Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on July 20, 2020, after due and timely notice thereof as required by §36.2 -540,
Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest
and citizens were given an opportunity to be heard, both for and against the proposed
rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to City Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, finds that the
public necessity, convenience, general welfare and good zoning practice, require the
rezoning of the subject properties, and for those reasons, is of the opinion that
Ordinance No. 40007 - 072114, adopted July 21, 2014, to the extent it placed certain
conditions on the subject properties, be repealed, and that the hereinafter described
properties should be rezoned as herein provided, as set forth in the Zoning Amendment,
Amended Application No. 1, dated June 19, 2020.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that-
1 . Ordinance No. 40007 - 072114, adopted July 21, 2014, to the extent that it
placed certain conditions on the subject properties 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 properties located at 402, 406, 410,
414, 418,
422, 426,
430, 434, 438, 442, 446, 450, 454, 458, 462, 466, 470, 474, 478,
502, 506,
510, 514,
518, 522, 526, 530, 534, 538, 542, 546, 550, 554, 558, 562, 556566, 570,
574, 578,
579, 575, 571, 563, 567, 563, 559, 555, 551, 547, 543, 539, 535,
531, 527,
523, 519,
515, 511, 507, 503, 483, 479, 475, 471, 467, 463, 459, 455, 451,
447, 443,
439, 435,
431, 583, and 487 Savannah Drive, N. E.; 125 Brenda Way, N. E.;
and 203,
207, 211,
215, 219, 223, 227, 231, 235, 239, 243, 246, 242, 238, 234, 230,
226, 222,
218, 214,
210, 206, and 202 Georgia Court, N. E., bearing Official Tax
Map Nos.
7060163,
7060164, 7060165, 7060166, 7060167, 7060168, 7060169,
7060170,
7060171,
7060172, 7060173, 7060174, 7060175, 7060176, 7060177,
7060178,
7060179,
7060180, 7060181, 7060182, 7060183, 7060184, 7060185,
7060186,
7060187,
7060188, 7060189, 7060190, 7060191, 7060192, 7060193,
7060194,
7060195, 7060196, 7060197, 7060198, 7060199, 7060200, 7060201, 7060202,
7060203, 7060204, 7060205, 7060206, 7060207, 7060208, 7060209, 7060210,
7060211, 7060212, 7060213, 7060214, 7060215, 7060216, 7060217, 7060218,
7060219, 7060220, 7060221, 7060222, 7060223, 7060224, 7060225, 7060226,
7060227, 7060228, 7060229, 7060230, 7060231, 7060232, 7060233, 7060234,
7060235, 7060236, 7060260, 7060261, 7060113, 7060237, 7060238, 7060239,
7060240, 7060241, 7060242, 7060243, 7060244, 7060245, 7060246, 7060247,
7060248, 7060249, 7060250, 7060251, 7060252, 7060253, 7060254, 7060255,
7060256, 7060257, 7060258, and 7060259, respectively„ be, and are hereby rezoned
from MXPUD, Mixed Use Planned Unit Development District, with conditions, to R -5,
Residential Single - Family District, without conditions, as set forth in the Zoning
Amendment, Amended Application No. 1, dated June 19, 2020.
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:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 201h day of July, 2020.
No. 41814 - 072020.
AN ORDINANCE rezoning certain property located at 2006 Peters Creek
Road, N. W., from CG, Commercial - General District, to CLS, Commercial -Large Site
District, with conditions; rezoning certain properties located at 4425 Northwood
Drive, N. W., and 4431 Northwood Drive, N. W., from CG, Commercial - General District,
with conditions; to CLS, Commercial -Large Site District, with conditions; rezoning a
portion of certain property located at 2032 Peters Creek Road, N. W., from R -7,
Residential Single - Family District, and CG, Commercial - General District, with
conditions, to CLS, Commercial -Large Site District, with conditions; repealing Ordinance
Nos. 28339, adopted September 25, 1986, and 35253 - 040201, adopted April 2, 2001,
to the extent that they placed certain conditions on the subject properties; and
dispensing with the second reading of this ordinance by title.
210
WHEREAS, Gary Duncan, on behalf of Northbridge Properties, LLC, has made
application to the Council of the City of Roanoke, Virginia ( "City Council "), to have
properties located at 2006 Peters Creek Road, N. W., 4425 Northwood Drive, N. W.,
4431 Northwood Drive, N. W., and a portion of 2032 Peters Creek Road, N. W., bearing
Official Tax Map Nos. 6140612, 6140610, 6140609, and 6141403, respectively,
rezoned from CG, Commercial - General District, to CLS, Commercial -Large Site District,
with conditions, from CG, Commercial - General District, with conditions; to CLS,
Commercial -Large Site District, with conditions, and from R -7, Residential Single - Family
District, and CG, Commercial - General District, with conditions, to CLS, Commercial -
Large Site District, with conditions, respectively; and to repeal Ordinance Nos. 28339,
adopted September 25, 1986, and 35253 - 040201, adopted April 2, 2001, to the extent
that they placed certain conditions on the subject properties, bearing Official Tax Map
Nos. 6140612, 6140610, 6140609, and 6141403;
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to
City Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on July 20, 2020, 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 Ordinance
Nos. 28339, adopted September 25, 1986, and 35253 - 040201, adopted April 2, 2001,
to the extent they placed certain conditions on the subject properties, 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 June 17, 2020.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Ordinance Nos. 28339, adopted September 25, 1986, and 35253 - 040201,
adopted April 2, 2001, to the extent that they placed certain conditions on properties
located at 2006 Peters Creek Road, N. W., 4425 Northwood Drive, N. W.,
4431 Northwood Drive, N. W., and a portion of 2032 Peters Creek Road, N. W., bearing
Official Tax Map Nos. 6140612, 6140610, 6140609, and 6141403, respectively, are
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.
211
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 Nos. 6140612, 6140610,
6140609, and 6141403, located at 2006 Peters Creek Road, N. W., 4425 Northwood
Drive, N. W., 4431 Northwood Drive, N. W., and a portion of 2032 Peters Creek
Road, N. W.., respectively, be, and are hereby rezoned from CG, Commercial - General
District, to CLS, Commercial -Large Site District, with conditions, from CG, Commercial -
General District, with conditions; to CLS, Commercial -Large Site District, with
conditions, and from R -7, Residential Single - Family District, and CG, Commercial -
General District, with conditions, to CLS, Commercial -Large Site District, with
conditions, respectively, as set forth in the Zoning Amendment, Amended Application
No. 1, dated June 17, 2020.
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:
(..:- uzz, - J. " sezl_� 11
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2020.
No. 41815- 072020.
AN ORDINANCE rezoning certain properties located at 2600 Sweetbrier
Avenue, S. W., and 0 (zero) Spring Road, S. W., from IN, Institutional District, to R -7,
Residential Single - Family District, and dispensing with the second reading of this
ordinance by title.
WHEREAS, Margaret S. Rolley, Trustee, on behalf of Grandin Court Baptist
Church, has made application to the Council of the City of Roanoke, Virginia ( "City
Council "), to have the properties located at 2600 Sweetbrier Avenue, S. W., and 0
(zero) Spring Road, S. W., bearing Official Tax Map Nos. 1561301 and 1561315,
respectively, rezoned from IN, Institutional District, to R -7, Residential Single - Family
District;
212
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to
City Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on July 20, 2020, 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, is hereby amended to reflect that the properties located at 2600 Sweetbrier
Avenue, S. W., and 0 (zero) Spring Road, S. W., bearing Official Tax Map
Nos. 1561301 and 1561315, respectively, be and are hereby REZONED from
IN, Institutional District, to R -7, Residential Single- Family District, as set forth in the
Zoning Amendment, Original Application, dated May 26, 2020.
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:
Cecelia F. McCoy, CMC
City Clerk
4�,
Sherman P. Lea, Sr.
Mayor
213
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 201h day of July, 2020.
No. 41816- 072020.
AN ORDINANCE amending and reordaining Section 31.1 -203, Subdivision
application, review, and approval; Section 31.1 -400, Standards for streets; and
Appendix B, B -4, Requirements for final subdivision site plan; of Chapter 31.1,
Subdivisions, 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 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 -203. - Subdivision application, review, and approval.
(a) For review of a concept plan, the subdivider shall submit a plan
showing the proposed subdivision and any other supporting
information the subdivider wishes to be evaluated.
(b) To obtain approval of a preliminary subdivision plat and plan, the
subdivider shall submit a preliminary subdivision application
consisting of the following items to the subdivision agent for review
and approval:
(1) Completed application form;
(2) NEne -(9) - paler - -- yep +es - - -- ear# -- Electronic version of the
preliminary subdivision plat and the preliminary subdivision
site plan in a format specified by the subdivision agent; and
(3) Applicable review fees.
(c) To seek approval of a final subdivision plat, the subdivider shall
submit a subdivision application consisting of the following items to
the subdivision agent for review and approval:
(1) Completed application form;
214
(2) Nine 9) Paper— �e Electronic version of the final
subdivision plat, and the final
subdivision site plan if classified as a major subdivision plan
in a format specified by the subdivision agent; and
Sec. 31.1 -400. - Standards for streets.
(a) The specific street design standards herein apply to streets with a
projected average daily traffic (ADT) of four thousand (4,000) or
less. For street design and construction standards not explicitly set
forth herein, and any street with a projected ADT which exceeds
four thousand (4,000), the applicable standards of the VDOT
Subd'vas'()n Street Design Requirements, 2005, shall apply Road
Design Manual shall apply, as directed by the Subdivision Agent
including:
(1) Appendix A -1 Section 1 — Geometric Design Standards
(2) Appendix A(1) VDOT Complete Streets: Bicycle &
Pedestrian Facility Guidelines, Bus Stop Design & Parking
Guidelines
The Subdivision Agent may modify the above VDOT standards
based on the City of Roanoke Street Design Guidelines as they
apply to the proposed plan and development area.
(b) Whenever a subdivision is classified as a major subdivision, the
subdivider shall provide street improvements as set forth in Table
400 -1 below.
215
Table 400 -1. Required Street Improvements
Condition /Location Improvements
Required
• Subdivision which requires creation of Street paving
a new street in the following zoning ;Curb and gutter
districts: RA, R -12, R -7, R -5, R -3, RM- Planted strip
1, RM -2, RMF, and ROS. Large deciduous street trees
Street lighting (required only when a new
• Subdivision along an existing street, street is created)
within the following zoning districts: R -7, Sidewalks
R -5, R -3, RM -1, RM -2, and RMF. Bicycle accommodations (collector and arterial
Subdivision within the following zoning
districts: CN, CG, CLS, MX, D, 1 -1, 1 -2,
IN, AD, and UF.
Subdivision along existing street in an
RA, R -12, or ROS district.
streets
Street paving
Curb and gutter
Large deciduous street trees, except the
subdivision agent may approve small
deciduous trees in the CN, D, and OF district
where the area available is inadequate for
large trees
Planted strip or extended width sidewalk
Street lighting (required only when a new
street is created)
Sidewalks
Bicycle accommodations (collector and arterial
streets
Street paving
Curb and gutter
Street trees
Requirements for asphalt street paving, curb
Subdivision on a private street in a and gutter, planted strips, street trees, street
MXPUD, IPUD, or INPUD district. lighting, and sidewalks shall be specified on a
PUD development plan approved by city
council.
216
(b) Curb and gutter, planted strips, street trees, and sidewalks shall be
provided on both sides of a new street. Where lots are being
established on only one (1) side of a new street, and where
topographic conditions would preclude future establishment of lots
on the undeveloped side of the street, sidewalks shall not be
required on the side of the street where no lots are being created.
Where a subdivision takes place only on one (1) side of an existing
street, such improvements shall be required only on the side on
which the subdivision takes place.
(d) Required street improvements shall have minimum dimensions as
set forth in Table 400 -2 below. All required street improvements
shall meet applicable standards for accessibility in accordance with
the Americans with Disabilities Act
Table 400 -2. Required Street Improvements:
Specifications and Dimensions
for Local Streets
Streets With
Streets With
Streets With
Type of Improvement
Projected ADT
Projected ADT
Projected ADT
Less Than
1,500 to 4,000
Greater Than
1,500
4,000
58 feet
As determined
Minimum right -of -way width
50 feet
by
VDOT Standards
Minimum paved way. Parking on
As determined
both sides of the street.
26 feet
34 feet
VDOT Standards
Minimum width of planted strip or
Minimum of 6
extended -width sidewalk (back of
6 feet
6 feet
feet or as
curb to edge of sidewalk)
required by
VDOT Standards
4 foot in the R-
Minimum width of sidewalk
12 and R-7
diSt ; 5 feet
a all ether
5 feet
5 feet
Minimum effective turning radius
d+str+c-ts
20 feet
20 feet
20 feet
217
Curb design
VDOT CG -6
VDOT CG -6
VDOT CG -6
As determined
by VDOT
Standards (curb
Maximum pedestrian crossing
bump outs may
distance ' 3
26 f
feet
20 feet
be required
when on street
parking is
provided or
required)
Maximum street grade
16%
16%
16%
Maximum grade of intersection
approach
5%
5%
5%
1 Additional width needed when bicycle accommodations are required (typical 5
feet on each side of street).
2 Additional right -of -way may be required at intersections with signals
3 An increased turning radius may be approved by the subdivision agent for
collector and arterial streets.
14 This regulation shall apply only to a newly- created street. Curb bump outs are
required where the maximum pedestrian distance is less than the proposed street width
APPENDIX B. — SUBMITTAL REQUIREMENTS
B -4. - Requirements for final subdivision site plan.
(c) Contents. A 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.
218
(6) Street plan.
(A) Plans and profiles showing the location, projected
Average Daily Trips (ADT) design, size, and
centerline grade of all proposed streets and existing
streets on which new lots are created.
(B) Cross sections of the street taken at each fifty -foot
station and at street intersections or other points
required to establish the grade of the street shall be
provided if requested by the subdivision agent.
(C) Where any new curb cut or new street entrance is
proposed, the location of all entrances and streets
within four hundred (400) feet of the proposed
subdivision. This sketch may be separate from the site
plan itself and may be shown at a smaller scale. In the
area immediately adjacent to the subdivision, the plan
shall also include the street pavement width, the
existence of curb and gutter or ditches, and the
existence of any medians.
(D) Delineation of special flood hazard area (100 -year
floodplain) and floodway, as applicable.
(E) Site distance for driveway entrances as directed by the
subdivision agent.
2. This ordinance will become effective immediately upon adoption.
3. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
G^-
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
219
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2020.
No. 41817- 072020.
AN ORDINANCE amending and reordaining Section 36.2 -205, Dimensional
regulations; Section 36.2 -311, Use table for residential districts; Section 36.2 -322, Use
table for industrial districts; Section 36.2 -327, Use table for planned unit development
districts; establishing Section 36.2- 410.1, Fill or Borrow Sites; Section 36.2- 407.2,
Composting Facilities; amending and reordaining Section 36.2 -423, Outdoor storage;
Section. 36.2 -429, Temporary uses; Section 36.2 -552, Basic development plans;
Section 36.2 -553, Comprehensive development plans; Section 36.2 -630, General
development standards; Section 36.2 -642, General landscaping and screening
standards; Section 36.2 -643, Preservation of existing landscape features; Section 36.2-
648, Parking area landscaping; Section 36.2 -652, Minimum parking; Section 36.2 -661,
Applicability; Section 36.2 -662, Definitions; Section 36.2 -663, Prohibited signs; Section
36.2 -664, Zoning permits for signs; Section 36.2 -673, Temporary on- premises signs;
Appendix A, Definitions; and Appendix B, B -1, Basic Development Plan; of Chapter
36.2, Zoning, of the Code of the City of Roanoke (1979), as amended; for the purposes
of amending and reordaining, combining and renumbering, adding or repealing, the
following code sections to update, clarify and make the City's zoning ordinance easier to
use for its citizens and consistent with state law; amending and reordaining
Section 36.2 -315, Use table for multiple purpose districts, to correct a scriveners error;
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 -205. - Dimensional regulations.
(f) Front yards.
(4) Maximum front yard requirements in multiple purpose
districts shall apply as specified in Table 205 -2 below:
220
Table 205 -2. Application of Maximum Front Yard Requirements
Proposed Development Application of Maximum Yard Requirement
Addition to an existing principal
building or new principal building
that does not widen any street- Not subject to maximum yard requirement.
facing facade.
New principal building where no
other buildings are located on the Locate at least 50% of the new building fagade
site. between the maximum and minimum yard lines.
Addition to an existing principal Locate and size any addition so either all the added
building that widens any street- street - facing fagade is between the maximum and
facing fagade, where the existing minimum yard lines, or at least 50% of the resulting
building conforms to the minimum total of street - facing facade is between the
and maximum yard requirements. maximum and minimum yard line.
Addition to an existing principal
building that widens any street -
facing fagade, where the existing
building does not conform to the
minimum or maximum yard
requirements.
New principal building where one
or more principal buildings exist on
the site, and the new building
increases the width of street - facing
facades.
Locate and size any addition so all of the new
added street - facing fagade is between the
maximum and minimum yard lines, or at least 50%
of the resulting total of street - facing fagade is
between the maximum yard line and the lot
frontage.
Locate and size any new building so at least 50%
of the resulting total of street - facing facade is
between the maximum yard line and the lot
frontage or, where existing buildings are located
beyond the maximum yard line, locate 100% of the
new building between the maximum and minimum
yard line.
Exceptions-
1 . The requirement to meet the 60%50% facade rule for an addition to an existing
building shall apply only to one yard of a corner lot or through lot.
2. An addition not exceeding 20% of the existing principal building footprint is not
subject to the maximum front yard requirements of this table.
Sec. 36.2 -311. - Use table for residential districts.
District RA R- R- R- R- RM- RM- RMF
12 7 5 3 1 2
221
Supplemental
Regulation
Section
Residential Uses
Dwelling, single - family attached
P P
P
P
Dwelling, single - family detached
P P P P
P P
P
Dwelling, two - family
S
P
Dwelling, multifamily with 10 or
fewer units
P
P
Dwelling, multifamily with 11 or
more units
S
P
Dwelling, townhouse or rowhouse
P S
P
P
36.2 -431
Dwelling, manufactured home
P
Dwelling, mobile home
P
36.2 -417
Accommodations and Group
Living Uses
Bed and breakfast
P S S S
S S
S
36.2 -405
Boarding house
S
Group care facility, congregate
home, elderly
S
S
Group care facility, congregate
home, not otherwise listed
S
S
Group care facility, group care
home
S
S
Group care facility, halfway
house
S
S
Group care facility, nursing home
S
Group care facility, transitional
r
-
living facility
Group home
P P P P
P P
P
Industrial Uses
--------------
- - - - -_ - - - --
Borrow or Fill Site
S
36.2 - 405.1
Composting Facility
S
36.2 -407.2
222
S S
P P
S S
S S
P
Commercial Uses
Day care home, adult
S
S S S S S
Day care home, child
P
P P P P P
Family day home
S
S S S S S
Fire, police, or emergency
S S S S S
services
Utility Uses and Structures
Utility distribution or collection,
basic
P
P P P P P
Utility distribution or collection,
transitional
S
S S S S S
Wireless telecommunications
facility, small cell on existing
P
P P P P P
structure
Wireless telecommunications
facility, not otherwise listed
S
S S S S S
Wireless telecommunications
facility, stealth
P
P P P P P
Animal and
Agricultural Uses
Agricultural operations
P
S S S S S
Animal shelter
P
Botanical garden or arboretum
P
Community garden
P
P P P P P
Composting facility
S
Nursery or greenhouse,
commercial
P
Pet grooming
P
Kennel, no outdoor pens or runs
P
Kennel, with outdoor pens or runs
S
Stable, commercial
P
Wildlife rescue shelter or refuge
area
P
S S
P P
S S
S S
P
P
S
S
P
P 36.2 -432
S
S 36.2 -432
P
P 36.2 -432
S
S
P P 36.2 -407.1
36.2 -428
i
O'l
223
Sec. 36.2 -315. - Use table for multiple purpose districts.
Suppleme
ntal
District MX CN CG CLS D IN ROS OF Regulatio
n
Section
Residential Uses
Dwelling, single - family attached P P
Dwelling, single - family detached P
Dwelling, two - family P
Dwelling, multifamily with 10 or P P P P P P
fewer units
Dwelling, multifamily with 11 or S S P P P P
more units
Accessory Uses
- Accessory uses, not otherwise
P P P P P P
P
P
36.2 -403
listed in this table
Accessory apartment
S S S S S S
P
36.2 -402
Home occupation, excluding
P P P P P P
P
P
36.2 -413
personal service
Home occupation,
p P P P P P
P
P
36.2 -413
personal service
Homestay
S S S S S S
S
S
36.2 -405
Outdoor storage
P
36.2 -423
Stable, private
P P
36.2 -403
Temporary health care structure
P P P P P P
P
P
36.2 -403
Wind turbine, commercial
S
36.2 -403
Wind turbine, small
S S S S S S
S
S
36.2 -403
"P" indicates a use permitted as of right.
"S" indicates a use permitted only by special exception.
A blank cell indicates the use is
not permitted; any use not listed
in this
table is not
permitted
in residential districts.
Sec. 36.2 -315. - Use table for multiple purpose districts.
Suppleme
ntal
District MX CN CG CLS D IN ROS OF Regulatio
n
Section
Residential Uses
Dwelling, single - family attached P P
Dwelling, single - family detached P
Dwelling, two - family P
Dwelling, multifamily with 10 or P P P P P P
fewer units
Dwelling, multifamily with 11 or S S P P P P
more units
224
Dwelling, townhouse or rowhouse P
P P
P
P
P 36.2 -431
Accommodations and
Group Living
Bed and breakfast S
S
36.2 -405
Campground
S
S
S S
Dormitory
P
Group care facility, congregate
S
home, elderly
Group care facility, nursing home S
Group home P
P
P P
Hotel or motel
S P
P
P
p
Short-term rental S
p p
p
p
P
Commercial Uses: Office and Related
Uses
Blood bank or plasma center
P
P
Business service establishment,
not otherwise listed S
P P
P
P
p
Employment or temporary labor
service
P
Financial institution
P P
P
P
P
Laboratory, dental, medical, or
optical
P P
P
P
p
Laboratory, testing and research
P
P
P
p
Medical clinic P
p p
p
P
P
Office, general or professional P
P P
P
P
p
Office, general or professional,
large scale P
P P
P
P
p
Outpatient mental health and
substance abuse clinic
S
Commercial Uses: Miscellaneous
Animal hospital or veterinary
clinic, no outdoor pens or runs
P P
P
P
p
Animal hospital or veterinary
clinic, outdoor pens or runs
S S
S
S
S
Animal shelter
S
S
S
S
Caterer, commercial
P
P
P
p
225
Community market
P
P
P
P P P
P
Drive- through facility
S
P
P
S
36.2 -409
Drive - through kiosk
S
P
P
S
36.2 -409
Flea market, indoor
P
P
P
Flea market, outdoor
S
S
Funeral home
P
P
P
Kennel, no outdoor pens or runs
P
P
P
P
Kennel, outdoor pens or runs
S
S
S
S
Live -work unit P
P
P
P
P
P
36.2 -416
Mixed -use building P
P
P
P
P
P
36.2 -416
Outdoor advertising sign
P
P
36.2 -675
Studio /multimedia production
P
facility
P
P
P
P
Commercial Uses: Retail Sales and Service
Bakery, confectionary, or similar
food production, retail
p
P
P
P
P
Body piercing establishment
P
P
P
P
P
Building supplies and materials,
retail
P
P
P
Car wash, not abutting a
residential district
P
P
36.2 -406
Car wash, abutting a residential
district
S
S
36.2 -406
Contractor or tradesman's shop,
S
P
P
S
P
general or special trade
Dry cleaning and laundry pick -up
station
P
P
P
P
P
Dry cleaning plant or commercial
laundry
P
Gasoline station
S
P
P
S
36.2 -411
General service establishment,
not otherwise listed
P
P
P
P
P
Internet sales establishment
P
P
P
P
P
Janitorial services establishment
P
P
226
Laundromat
P P
P
P
p
Manufactured or mobile home
sales
P
Motor vehicle rental
establishment, without inventory
P P
P
P
on -site
Motor vehicle rental
establishment, with inventory on-
P
P
S
site
Motor vehicle repair or service
establishment
P
P
S
S 36.2 -419
Motor vehicle sales and service
establishment, new
P
P
36.2 -420
Motor vehicle sales and service
establishment, used
P
P
36.2 -421
Nursery or greenhouse,
commercial
P
P
S
Personal service establishment,
not otherwise listed in this table
P P P
P
P
P
Pet grooming
P P
P
P
P
Retail sales establishment, not
otherwise listed
P P
P
P
p
Storage building sales
S
P
Tattoo parlor
P P
P
P
P
Industrial Uses
Bakery, confectionary, or similar
food production, wholesale
Borrow or Fill Site
Commercial printing
establishment
Electrical component assembly,
wholesale distribution
Fueling station, commercial or
wholesale
Manufacturing: Beverage or food
S S S S S S S
0
P
S 36.2 -
405.1
P
P
P
N
227
processing, excluding poultry and
animal slaughtering and dressing
Manufacturing: General, not
otherwise listed in this table
S
Manufacturing: Steel or metal
production, fabrication, or
S
processing
Motor vehicle or trailer painting
S
S
and body repair
36.2 -418
Workshop
S
P
P
P
P 36.2 -433
Warehousing and
Distribution Uses
Distribution center, not otherwise
listed
S
Self- storage building
S
S
P
Warehouse
p
Assembly and Entertainment Uses
Adult uses
S
36.2 -404
Amphitheater
P
Amusement, commercial, indoor
S
P
P
P
P
Amusement, commercial, outdoor
P
P
Botanical garden or arboretum
P
P P
Club, lodge, civic, or social
P
P
P
P P
P P
organization
Community center P
P
P
P
P P
P P
Eating establishment S
P
P
P
P
P
Eating and drinking
establishment, not abutting a S
P
P
P
P
P
residential district
Eating and drinking
establishment, abutting a S
S
S
S
S
S
residential district
Entertainment establishment,
abutting a residential district
S
S
S
S
S
228
Entertainment establishment, not
abutting a residential district
S
P
P
P
P
Exhibition, convention, or
conference center
P
P
Gaming establishment
S
S
Golf course
P
Health and fitness center
P
P
P
P
P
P
Meeting hall, abutting a
residential district S
S
S
S
S
P P
S
Meeting hall, not abutting a
residential district S
P
P
P
P
P P
P
Microbrewery or microdistillery
not abutting a residential district
P
P
P
P
P
Microbrewery or microdistillery
abutting a residential district
S
S
S
S
S
Park or playground P
P
P
P
P
P P
P
Place of worship
P
P
P
P
P
P
Recreation, indoor
P
P
P
P
P
Recreation, outdoor
P
P
P
P
Sports stadium, arena, or
coliseum
P
Theater, movie or performing arts
P
P
P
P
P
Zoo
P
Public, Institutional, and Community
Facilities
Aquarium or planetarium
P
Artist studio
P
P
P
P
P
P
Cemetery
P
Community food operation
P
Community garden P
P
P
P
P
P P
P 36.2-
407.1
Day care center, adult P
P
P
P
P
P
P
Day care center, child S
P
P
P
P
P
P 36.2 -408
Day care home, adult S
S
S
S
E
. 1„
229
Day care home, child
P
P
P
P
Educational facilities, business
school or nonindustrial trade
S
P
P
P
P
P
P
school
Educational facilities,
P
P
P
P
college /university
Educational facilities,
P
P
P
P
P
P
elementary/middle /secondary
Educational facilities, industrial
trade school
P
P
P
Educational facilities, school for
S
P
P
P
P
P
P
the arts
Fire, police, or emergency
P
P
P
P
P
P
P
services
Government offices or other
government facility, not otherwise
P
P
P
P
P
P
P
listed
Hospital
P
Library
P
P
P
P
P
P
P
Museum
P
P
P
P
P
P
P
Post office
P
P
P
P
P
P
Supply pantry
P
P
P
P
P
P
Training facility for police, fire, or
emergency services
P
S
Transportation
Uses
Bus passenger terminal or station
P
S
Limousine service
P
P
Parking lot facility
S
P
S
Parking, off -site
P
S
P
P
S
P P
P 36.2 -652
Parking structure facility
P
S 36.2 -426
Railroad passenger terminal or
station
P
Utility Uses
Broadcasting studio or station
P
P
P
P
P
Broadcasting tower
S
S
S 36.2 -432
230
Utility distribution or collection,
basic
P
P
P
P
P
P
P
P
Utility distribution or collection,
S
36.2 -402
transitional
S
S
S
S
S
S
S
S
Wireless telecommunications
P
P
P
P
P
36.2 -413
facility, small cell on existing
P
P
P
P
P
P
P
P 36.2 -432
structure
P
P
P
P
P
36.2 -413
Wireless telecommunications
S
P
P
P
P
P
36.2 -405
facility, stealth
P
P
P
P
P
P
P
P 36.2 -432
Wireless telecommunications
facility, not otherwise listed
S
S
S
S
S
S
S
S 36.2 -432
Outdoor storage
Agricultural Uses
S
S
Agricultural operations
S
S
S
S
S
S
S
S
Stable, commercial
36.2 -403
Resident manager apartment
P
36.2 -428
Wildlife rescue shelter or refuge
P
36.2 -403
Temporary health care structure
area
Wind turbine, commercial
S
P
Accessory Uses
Accessory uses, not otherwise
listed in this Table
P
P
P
P
P
P
P P
36.2 -403
Accessory apartment
S
36.2 -402
Home occupation, excluding
personal service
P
P
P
P
P
36.2 -413
Home occupation, personal
service
P
P
P
P
P
36.2 -413
Homestay
S
P
P
P
P
P
36.2 -405
Outdoor display area
P
P
P
P
P
36.2 -422
Outdoor recreation facility lighting
or sports stadium lighting
S
S
S
S
S
S
36.2 -403
Outdoor storage
S
S
P S
36.2 -423
Recycling collection point
S
P
P
36.2 -403
Resident manager apartment
P
36.2 -403
Temporary health care structure
Wind turbine, commercial
S
S
S
S S
36.2 -403
Wind turbine, small
S
S
S
S
S
S
S S
36.2 -403
0.
231
"P" indicates a use permitted as of right.
"S" indicates a use permitted only by special exception.
A blank cell indicates the use is not permitted; any use not listed in this table is not
permitted in multiple purpose districts.
Sec. 36.2 -322. - Use table for industrial districts.
Supplemental
District I -1 1 -2 AD Regulation
Section
Residential Uses
Dwelling, single - family detached S
Dwelling, two family S
Dwelling, multifamily S
Dwelling, townhouse or rowhouse S 36.2 -431
Accommodations and Group Living Uses
Hotel or motel P
Commercial Uses: Office and Related Uses
Business service establishment, not otherwise P
listed
Employment or temporary labor service
P
Financial institution
P P
Laboratory, dental, medical, or optical
P P P
Laboratory, testing and research
P P P
Office, general or professional
P
Office, general or professional, large scale
P P
Commercial Uses:
Miscellaneous
Animal hospital or veterinary clinic, no outdoor
pens or runs
P
Animal hospital or veterinary clinic, with
outdoor pens or runs
S
Caterer, commercial
P
Drive - through facility
P 36.2 -409
232
Kennel, no outdoor pens or runs
P
Kennel, outdoor pens or runs
S
Live -work unit
S
Mixed -use building
S
Outdoor advertising sign
P P
Pet crematorium
p
Pet grooming
p
Studio /multimedia production facility
P
Commercial Uses: Retail Sales and Service
Bakery, confectionary, or similar food
production, retail
P
Building supplies and materials, retail
P p
Car wash, not abutting a residential district
P
Car wash, abutting a residential district
S
Commercial motor vehicle rental establishment
P
Commercial motor vehicle sales and service
establishment, new
P
Commercial motor vehicle sales and service
establishment, used
P
Contractor or tradesman's shop, general or
special trade
P P
Dry cleaning and laundry pickup station
P
Dry cleaning plant or commercial laundry
P
Gasoline station
P
General service establishment, not otherwise
listed
P
Internet sales establishment
P P P
Janitorial services establishment
P
Lumberyard
P P
Manufactured or mobile home sales
P
Motor vehicle rental establishment, without
inventory on -site
P P
Motor vehicle rental establishment, with
P p
36.2 -416
36.2 -416
36.2 -675
36.2 -406
36.2 -406
36.2 -407
36.2 -407
36.2 -411
inventory on -site
36.2 -419
Motor vehicle repair or service establishment
P
Nursery or greenhouse, commercial
P
Recreational vehicle or boat sales
P
Retail sales establishment, not otherwise listed
P
Storage building sales
P
Industrial Uses
Asphalt or concrete plant
Bakery, confectionary, or similar food
36.2 -414
production, wholesale
P
Borrow or Fill Site
S
Biosolids field
Building supplies and materials, wholesale
P
Commercial printing establishment
P
Composting facility
S
Contractor's shop, heavy construction
P
Dairy products, processing, bottling, and
wholesale distribution
P
Electrical component assembly, wholesale
distribution
P
Fuel oil distribution
S
Fueling station, commercial or wholesale
P
Junkyard
S
Manufacturing: Beverage or food processing,
excluding poultry and animal slaughtering and
P
dressing
Manufacturing: Chemical, refining or
processing, including the manufacture, refining
or processing of ammonia, bleach, bluing,
calcimine, chlorine, corrosive acid or alkali,
dyes, fats, fertilizer, gutta percha, gypsum,
lampblack, oils, oxygen, paints, plaster of
Paris, potash, rubber, shellac, tar, turpentine,
vinegar, yeast
0
S
S
P
P
S
P
P
P
P
P
S
Z
S
233
36.2 -419
P
S
36.2 -405.1
P
P
36.2 -407.2
P
36.2 -414
234
Manufacturing: Chemical, refining or
processing, not otherwise listed in this table
P
P
Manufacturing: General, not otherwise listed in
this table
P
P
P
Manufacturing: Steel or metal production,
fabrication, or processing
S
P
P
Manufacturing: Wood products, including the
shreddinq or grinding of wood to create mulch
P
Meat packing and poultry processing
S
Milling or feed and flour mills
S
S
Motor vehicle or trailer painting and body
repair
S
P
Outdoor storage lot
S
S
S
Quarry
S
Recycling center
S
S
Tire recapping
S
Towing service
P
P
Welding or machine shop
P
P
Workshop
P
P
P
Wrecker yard
S
S
Warehousing and Distribution
Uses
Distribution center, not otherwise listed
P
P
P
Self- storage building
P
P
P
Self- storage facility
P
P
P
Storage of commercial motor vehicles
P
P
Storage of motor vehicles for rental (no on -site
rental or leasing facility)
P
P
Tank farm, petroleum bulk station and
terminal, or other aboveground storage of
S
flammable liquids
Warehouse
P
P
P
36.2 -418
36.2 -414
36.2 -430
36.2 -433
36.2 -414
$x.
W
Assembly and Entertainment Uses
Amphitheatre
P
P
Amusement, commercial, outdoor
P
Eating establishment
P
P
Eating and drinking establishment, abutting a
residential district
P
P
P
Eating and drinking establishment, not abutting
a residential district
P
P
Entertainment establishment, abutting a
residential district
P
P
Entertainment establishment, not abutting a
residential district
P
P
Go -cart track
S
Health and fitness center
P
P
P
Microbrewery or microdistillery
P
P
P
Paintball facility, outdoor
S
Park or playground
P
P
P
Recreation, indoor
P
Recreation, outdoor
P
P
P
Theater, movie or performing arts
P
P
P
Public, Institutional, and Community Uses
Artist studio
P
Community garden
P
P
P
Educational facilities, business school or
nonindustrial trade school
P
P
Educational facilities, industrial trade school
P
P
Educational facilities, school for the arts
P
P
P
Fire, police, or emergency services
P
P
Government offices or other government
facility, not otherwise listed
P
P
Military reserve or National Guard center
P
P
235
36.2 -407.1
236
Post office P P
Supply pantry P
Training facility for police, fire, or emergency
services P P
Transportation Uses
Airport or airport- related commercial and
personal service uses
P
Bus maintenance, including repair and storage
P
P
Limousine service
P
P
P
Motor freight terminal or truck terminal
P
P
P
Parking lot facility
P
Parking, off -site
P
P
P
Railroad freight yard, repair shop, and
marshalling yard
P
Taxicab business
P
P
P
Utility Uses
Broadcasting studio or station
P
Broadcasting tower
S
S
Hazardous materials facility
S
Utility distribution or collection, basic
P
P
P
Utility distribution or collection, transitional
P
P
S
Utility generation or treatment
P
Utility maintenance and service facility
P
P
Wireless telecommunications facility, small cell
on existing structure
P
P
P
Wireless telecommunications facility, stealth
P
P
P
Wireless telecommunications facility, not
otherwise listed
S
P
S
Agricultural Uses
Agricultural operations
P
P
P
Animal shelter
P
P
36.2 -652
36.2 -432
36.2 -432
36.2 -432
36.2 -432
237
Accessory Uses
Accessory uses, not otherwise listed in this
Table P P P
36.2 -403
Outdoor recreation facility lighting or sports
stadium lighting S S S
36.2 -403
Outdoor storage P P P
36.2 -423
Portable storage container P P
36.2 -403
Recycling collection point P
36.2 -403
Resident manager apartment P P
36.2 -403
Temporary health care structure
Wind turbine, commercial P P
36.2 -403
Wind turbine, small P P P
36.2 -403
"P" indicates a use permitted as of right.
"S" indicates a use permitted only by special exception.
A blank cell indicates the use is not permitted; any use not listed in this
table is not
permitted in residential districts.
Sec. 36.2 -327. - Use table for planned unit development districts.
MXPUD INPUD IPUD
Residential Uses
Dwelling, single - family attached P P
Dwelling, single - family detached P P
Dwelling, two - family P P
Dwelling, multifamily P P P
Dwelling, townhouse or rowhouse P P
Supplemental
Regulation
Section
36.2 -431
238
Accommodations and Group Living
Bed and breakfast
P
P
36.2 -405
Campground
P
P
Dormitory
P
Group care facility, congregate home,
elderly
P
P
Group care facility, congregate home,
not otherwise listed
P
Group care facility, group care home
P
Group care facility, halfway house
P
Group care facility, nursing home
P
P
Group care facility, transitional living
facility
P
Group home
P
P
Hotel or motel
P
P
P
Commercial Uses: Office
and Related Uses
Blood bank or plasma center
P
Business service establishment, not
otherwise listed
P
P
P
Financial institution
P
P
P
Laboratory, dental, medical, or optical
P
P
P
Laboratory, testing and research
P
P
Medical clinic
P
P
Office, general or professional
P
P
P
Office, general or professional, large
scale
P
P
P
Outpatient mental health and substance
abuse clinic
S
Commercial Uses: Miscellaneous
Animal hospital or veterinary clinic, no
outdoor pens or runs
P
Animal hospital or veterinary clinic,
outdoor pens or runs
P
Caterer, commercial
P
Community market
P
Drive - through facility
P
P P
Drive - through kiosk
P
Live -work unit
P
P P
Mixed -use building
P
P P
Studio /multimedia production facility
P
P P
Commercial Uses: Retail Sales and Service
Bakery, confectionary, or similar food
production, retail
P
P P
Building supplies and materials, retail
P
P P
Contractor or tradesman's shop, general
or special trade
P
P P
Dry cleaning and laundry pick -up station
P
P P
Dry cleaning plant or commercial laundry
P
General service establishment, not
otherwise listed
P
P P
Laundromat
P
P
Lumberyard
P
Motor vehicle rental establishment,
without inventory on -site
P
Motor vehicle rental establishment, with
inventory on -site
P
Nursery or greenhouse, commercial
P
Personal service establishment, not
otherwise listed in this table
P
P
Pet grooming
P
P
239
36.2 -409
36.2 -409
36.2 -416
36.2 -416
240
Retail sales establishment, not otherwise
listed P P
P
Industrial Uses
P
Bakery, confectionary, or similar food
production, wholesale
P
Borrow or Fill Site P P
P 36.2 -405.1
Building supplies and materials,
wholesale
P
Commercial printing establishment
p
Contractor's shop, heavy construction
P
Dairy products, processing, bottling, and
P 36.2 -433
wholesale distribution
P
Electrical component assembly,
P
wholesale distribution
P
Fuel oil distribution
P
Fueling station, commercial or wholesale
P
Manufacturing: Beverage or food
processing, excluding poultry and animal
P
slaughtering and dressing
Manufacturing: Chemical, refining or
processing, not otherwise listed in this
P
table
Manufacturing: General, not otherwise
listed in this table
P
Manufacturing: Steel or metal
production, fabrication, or processing
P
Milling or feed and flour mills
P
Welding or machine shop
P
Workshop P
P 36.2 -433
Warehousing and Distribution Uses
Distribution center, not otherwise listed
P
Self- storage building P
P
Warehouse
P
241
Assembly Entertainment
Uses
and
Amphitheater
P
P
Amusement, commercial, indoor
P
P
Amusement, commercial, outdoor
P
P
Botanical garden or arboretum
P
P
Club, lodge, civic, or social organization
P
P
Community center
P
P
Eating establishment
P
P
P
Eating and drinking establishment, not
P
P
P
abutting a residential district
Eating and drinking establishment,
P
P
P
abutting a residential district
Entertainment establishment, abutting a
P
P
P
residential district
Entertainment establishment, not
P
P
P
abutting a residential district
Golf course
P
Health and fitness center
P
P
Meeting hall
P
P
Microbrewery or microdistillery
P
P
Park or playground
P
P
Place of worship
P
P
Recreation, outdoor
P
P
P
Sports stadium, arena, or coliseum
P
Public, Institutional,
and Community Uses
Aquarium or planetarium
P
Artist studio
P
P
P
Community food operation
P
P
Community garden
P
P
P 36.2 -407.1
Day care center, adult
P
P
r
Day care center, child
P
P
36.2 -408
Day care home, child
Educational facilities, business school or
nonindustrial trade school
Educational facilities, college /university
Educational facilities,
elementary/middle /secondary
Educational facilities, industrial trade
school
Educational facilities, school for the arts
Fire, police, or emergency services
Government offices or other government
facility, not otherwise listed
Hospital
Library
Military reserve or National Guard center
Museum
Post office
Supply pantry
Training facility for police, fire, or
emergency services
P p
P P
P
P
P
P
IN
i
19
I
P
P
P
P
P
P
P
P
P
N
Transportation Uses
Bus maintenance, including repair and
storage
Motor freight terminal or truck terminal
Parking, off -site P P
Taxicab business
Utility Uses
Broadcasting studio or station P P
Broadcasting tower S S
Hazardous materials facility S
Utility distribution or collection, basic P P
u
Z
P
P
P
P
P
S
S
P
36.2 -652
36.2 -432
243
Utility distribution or collection, S
P
P
transitional
Utility maintenance and service facility
P
Wireless telecommunications facility, P
P
P
36.2 -432
small cell on existing structure
Wireless telecommunications facility, P
P
P
36.2 -432
stealth
Wireless telecommunications facility, not P
P
P
36.2 -432
otherwise listed
Agricultural Uses
Agricultural operations P
P
P
Accessory Uses
Accessory uses, not otherwise listed in P
P
P
36.2 -403
this Table
Accessory apartment S
P
36.2 -402
Home occupation, excluding personal P
P
36.2 -413
service
Home occupation, personal service P
P
36.2 -413
Outdoor recreation facility lighting or S
S
S
36.2 -403
sports stadium lighting
Outdoor storage
P
36.2 -423
Portable storage container
P
36.2 -403
Recycling collection point
P
36.2 -403
Resident manager apartment
P
P
36.2 -403
Temporary health care structure
Wind turbine, commercial S
S
S
36.2 -403
Wind turbine, small S
S
S
36.2 -403
"P" indicates a use permitted as
of right.
"S" indicates a use permitted only by special
exception.
A blank cell indicates the use is not permitted.
244
Sec. 36.2- 410.1. — Fill or Borrow Sites.
Purpose. The following standards for fill and borrow sites are
intended to allow for such activities to occur in an urban setting in
a manner that promotes Dublic safety and efficient operation b
addressing the intensity of the operation duration of the operation
and general compatibility with adjacent uses The specific
purposes of this section are to,
(1) Minimize the negative impact of fill or borrow sites created
by the operation of heavy construction equipment
(2) Promote grading operations that are in keeping with
surrounding topography /grade related to steep slopes or
increased /decreased elevation/ round surfaces
(3) Minimize impacts of ongoing land disturbance/grading in
proximity to other land uses particularly residential or
commercial uses;
(4) Ensure that no waste materials are disposed at a fill or `
borrow operation and
(5) Ensure that during and upon completion of activity that the
fill or borrow area is properly stabilized and graded to
prevent pondinq
(6) Provide additional criteria for evaluation of a special
exception application for a fill sites in various zoning
districts.
(b) Applicability. The supplemental regulations of this section shall
apply to any fill or borrow site as permitted by this chapter. Any
new borrow or fill site and any substantial intensification of an
existing borrow or fill site shall require approval by special
exception. For purposes of this regulation substantial
intensification shall mean any of the following:
(1) Exceeding the approved final grade of the site.
(2) Extending the time period of the operation beyond the
duration of the original approval as applicable.
245
(3) Expanding a temporary operation beyond the scope or time
frame permitted as a temporary use.
(4) Adding processing screening or sorting of fill or borrow
material beyond that approved by a special exception.
(c) Additional considerations in review of applications for special
exception applications for borrow or fill sites:
(1) Multiple Purpose Districts and Airport District — Borrow or fill
sites operated for a defined period of time to prepare a site
for future development may be appropriate if impacts on
nearby properties can be adequately mitigated.
(2) Light and Heavy Industrial Districts and Residential
Agriculture District — long -term borrow or fill operations may
be appropriate if impacts on nearby properties can be
adequately mitigated.
(3) Planned Unit Development Districts — The Board of Zoning
Appeals may approve a special exception for a borrow or fill
site under the following circumstances:
A) When a development plan has been approved for the
property and the borrow or fill operation will occur for a
defined period of time to prepare the site for
development as proposed on the approved
development plan
B) When a development plan has not been approved and
the borrow or fill operation will occur for a defined
period of time to prepare a site for future development
if impacts on nearbv properties can be adeauatelv
mitigated.
(d) Standards applicable to all fill or borrow sites
1) Fill material may include clean soil, aagreaate or inert
material. Fill material shall not include any solid waste as
defined by the Commonwealth of Virginia in 9VAC20 -81 -95
with the exception of using rocks, brick, block, dirt, broken
concrete, crushed glass, porcelain, and road pavement as
clean fill provided such activity does not create an open
dump, hazard or public nuisance.
(2)
Each active borrow or fill site shall be shaped and sloped
so that no undrained pockets or sta nant ools of water are
created.
(3)
Borrow or fill sites shall be graded so that finished grades
align with and blend into the surrounding topography, Fill
and Borrow sites shall not create unnatural Peaks or
basins.
(4)
The fill or borrow site and the access
roads thereto shall be
treated or maintained to
prevent dust or debris from blowin
or spreading onto adiacent properties or public streets
Dependma
on the anficipated intensity and duration of the
activity and the character of the development of adjoining
Properties. the Zoning Administrator ma re uire fencing
and landscaping requirements consistent with Article 6 of
this Chapter
(5)
Fill or borrow sites using industrial type power equipment
shall be limited
to the hours of 7:00 a.m. to 9:00 .m.
in
except cases of a public emergency. The Board of
Zoning Appeals
may impose more restrictive time limits as
part of the approval of a special exception
(6) No processing of material including separation screening
crushing or sorting of material such as debris or potential
waste material is permitted unless..specifically approved as
part of a special exception
(77) Storage of equipment and vehicles except for equipment
needed specifically to excavate spread or compact soils is
proh_
(8) Borrow or fill operations shall cease when the earlier of
reaching approved final grade end of associated
construction activity. or the time period of a special
exception if applicable is reached
247
(9) Reclamation of any borrow or fill site shall commence within
seven days of completion of such operation, and be
completed within 60 days of completion of the operation, or
such later time authorized by the Zoning Administrator for
reclamation activities of a seasonal nature. Reclamation
shall include but not be limited to, restoring the area so that
it approximates natural contours; shaping and sloping the
area to prevent ponding; covering the area with clean fill to
a minimum depth of two feet in order to allow for permanent
stabilization and reclamation; and establishing a permanent
vegetative ground cover; provided that the Zoning
Administrator may reduce the minimum depth of clean fill to
one foot if the area is unlikely to be redeveloped.
10) Borrow or fill sites approved with a time limit or a_sa
temporary activity shall have a development agreement that
specifies the time limit and /or the project that the activity is
associated with and that the borrow or fill operation will
cease when that time limit or proiect ceases.
Sec. 36.2- 407.2. — Composting Facilities
a) Purpose. The followinq standards for composting facilities are
intended to allow for such operations to occur in an urban setting
in a manner that promotes public safety and efficient operation by
addressing the characteristics of the operation, duration of the
operation and general compatibility with adjacent uses. The
specific purposes of this section are to minimize the potentially
negative impacts of composting operations including:
(1) Identifying the types and quantities of material to be
composted.
(2) Identifying how the composted material will be used.
(3) Identifying the process used for composting.
(4) Ensuring proper management of dust, odor and runoff from
the facility.
•
(b) Standards
1 All composting facilities shall com I with the Vir inia Solid
Waste Management Regulations including 9VAC20 81 310
et seq. including maintaining and implementing a suitable
operations plan managing runoff from the facility, proper
storage /handling of material and controlling the presence
of animals that could transmit infectious disease or create a
nuisance on nearby properties
(2) Operators of composting facilities shall update the facility
operation plan and implement appropriate measures to
address undesirable conditions including dust air pollution
odors) leaks or spills and presence of animals that could
transmit infectious disease or otherwise present a nuisance
to nearby properties
(3) Operators of a composting facility shall create implement
and maintain and odor management Plan for the facility,
The operator shall update the facility odor management
Plan to address undesirable air pollution (odors) from the
operation.
(c ) An application for a special exception for a composting facility
shall include the following
A development plan showing the basic layout of the facility
Including composting vessels wind rows or piles
storage /staging areas features for managing runoff from or
runon to the facility, setbacks to adjacent properties and
structures.
(2) Description of the types of materials to be composted and
the method of composting (facility type and feedstock
category as identified in 9VAC20 81 310)
(3) Proposed use for composted material
(41 Amount of material to be processed per year and to be
stored or handled on -site at an jven time.
0
(5) Method of transporting material to and from the facility.
)
..ii
249
(6) Copy of the Operating Plan for the facility required by the
state solid waste management regulations.
(7) Odor management plan.
(d) Final approval before start of operations — Prior to issuing a
certificate of occupancy to establish a composting facility, the
applicant shall provide documentation to the zoning administrator
that a Virginia Department of Environmental Quality permit has
been issued for the facility, when applicable.
Sec. 36.2 -423. - Outdoor storage.
Where permitted by this chapter, outdoor storage shall comply with
the following requirements:
(e) Storage of bulk material, including, but not limited to sand, gravel,
mulch or soil shall be contained on site to prevent material
deposition into or upon public or private streets or alleys, any
adiacent properties, or storm drainage system or waterway. Such
containment shall be shown on a development plan submitted to
the Zoning Administrator for approval and shall be in place prior to
commencement of the storage activity.
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:
P» -"
W .
250
Table 429 -1. Temporary Uses
no
r
Zoning
Maximum
Activity
Districts
Maximum
NunibwFrequenc y i
Zoning
Where
Duration
per
Permit
Permitted
Required?
fer Lot
Auction
Any district
3 calendar
days
1 /Calendar Year
No
RA, CN, CG,
Christmas tree sales
CLS, 1 -1, 1 -2,
60 calendar
1 /Calendar Year
Yes
OF
days
Construction - related
activities or model
For duration of
home office, subject
to subsection (b),
Any district
construction
Not applicable
Yes
below
activity
Fireworks stand,
subject to Section
21 -207 of this Code
CG, CLS, OF
30 calendar
days
1 /Calendar Year
Yes
CN, CG, CLS,
Mobile food and
D, ROS, UF,
beverage vending
Industrial
No limitation
Not applicable
No
districts, and
PUD districts
Outdoor retail sales,
subject to subsection
(c), below
CG, CLS, OF
10 calendar
days
4/Calendar Year
Yes
no
r
RA, R -12, R -7,
R -5, R -3, RM -1,
RM -2, RMF,
MX, MXPUD:
•30 consecutive
calendar days,
except 60
consecutive
calendar days
when there is a
change of
residency in a
Portable storage dwelling unit
containers, subject to Any district -Limited to 120
subsection (d), below days per
calendar year
CN, CG, CLS, I-
1, 1 -2, D, IN,
ROS, AD,
INPUD, IPUD,
UF:
•120
consecutive
days
-Limited to 120
days per
calendar year
per lot
90 calendar
Produce stand (not RA, CN, CG, days, limited to
applicable to CLS, 1 -1, 1 -2, 1 permit per any
community markets) OF 90- calendar day
period per lot
See maximum
duration
Not applicable
Public events, subject CN, CG, CLS,
to subsection (e), D, IN, ROS, 1 -1, 14 calendar Not applicable
below 1 -2, IPUD, days
INPUD, OF
251
Yes
Yes
Yes
252
Public events, exempt
from subsection (e) Any district Two calendar
below days
_Temporary, short-
term filling grading or 90 consecutive
borrow operation Any District calendar day
subiect to subsection period
f below
Yard or garage sales, Any residential 2 consecutive
subject to subsection district or calendar days,
(f), below dwelling unit limited to the
daylight hours
(b) Construction - related activities
Two /Calendar
Year, with an
interval of at
least three
months between
events
No
Once /2 Year
Period Yes
2 /Calendar
Year, with an
interval of at
least 3 months
between sales
(3) The use of an off -site property as a receiving area (fill site)
or as source area (borrow site) for soil material generated
from or needed at a construction site may be considered a
temporary activity provided that off site property is used
solely for the specific construction project (not used by
other projects as a borrow or fill site for other proiects)
Temporary Short-Term Filling Grading or Borrow Operation For
purposes of this section a "Temporary, Short Term Filling Grading or
Borrow Operation' means any activity that noticeably changes the grade
on property and is not associated with development activity on that
parcel. All Temporary Filling Grading or Borrow Operations shall be
subject to the supplemental regulations found in Section 36.2-410. 1
(f)� Yard or garage sales. For purposes of this section, a "yard or
garage sale" means a public sale at a dwelling at which personal items
belonging to the residents of the dwelling are sold. Yard or garage sales
shall be permitted as set forth in Table 429 -1, provided that:
No
253
(1) Items purchased elsewhere expressly for resale at a yard
or garage sale shall be prohibited; and
(2) Goods intended for sale shall not be stored or displayed in
the front or side yards of a dwelling except on the day of the
sale.
Sec. 36.2 -552. - Basic development plans.
(a) Applicability. A basic development plan shall be submitted as part
of a zoning permit application for the following activities:
(1) Construction of, reconstruction of, relocation of, or addition
to a single - family detached dwelling, a single - family
attached dwelling, a two - family dwelling or permitted
accessory structure and including associated grading and
clearing, where such grading and clearing does not involve
adjoining lots; or,
(2) Construction of, reconstruction of, relocation of, or addition
``"" to a single - family attached dwelling, a two - family dwelling or
permitted accessory structure and including associated
grading and clearing, on any lot within a subdivision with a
valid subdivision site plan; or
(3)
(2,500) 6quaFe feet of area will be disturbed Establishment,
relocation or expansion of a community garden, including
construction, reconstruction or moving of an accessory
structure and associated grading and clearing; or
(4)
slear+n: Construction of any structure, parking, or other
impervious surface during which less than two thousand
five hundred (2,500) square feet of area will be disturbed.
r
254
Sec. 36.2 -553. - Comprehensive development plans.
(c) Decision.
(1) The Agent to the Planning Commission shall approve or
disapprove all comprehensive development plans, except
as set out in Section 36.2- 553(c)(2).
(A) The Agent shall process and coordinate the review of
comprehensive development plans with the City
Engineer, other applicable departments, and the
Western Virginia Water Authority.
(B) Within twelve (12) business days after the initial
submittal or resubmittal of a comprehensive
development plan, the Agent shall notify the applicant
or his representative, in writing, that:
fhe o iolnnmon}
The information en- �,,�--- d.��,,�,�___
- pfa -R- -i s
incomplete, in eFror, OF !@Gking in detail, and
deline-Atp- the
- men_-- regt4Fed f
and the review of the plan
will not begin until all required information is
submitted, or
(ii) The development plan is sufficipnt
complete and review of the plan
will commence.
(C) Within twelve (12) business days after the initial
submittal of a comprehensive development plan is
deemed complete or receipt of a resubmittal of a
comprehensive development plan the Agent shall
notify the applicant or the applicant's representative in
writing that:
(i) The information on the development plan is
incomplete in error, or lacking in detail and
delineate the additional information required or
necessary revisions; or
255
(ii) The development plan is sufficient in required
information and accuracy and has been reviewed
and approved.
DIVISION 3. - GENERAL DEVELOPMENT STANDARDS
Sec. 36.2 -630. - General development standards.
The provision and location of all pedestrian and vehicular traffic
related facilities, including sidewalks, curbs and gutters, bicycle facilities,
street trees, street lighting, frontage roads, and acceleration and
deceleration lanes; as required by the Agent to the Planning Commission.
Likewise, the Agent to the Planning Commission may require removal or
replacement of such facilities when new development necessitates or no
longer requires such facilities, including removal of unused or excessive
vehicular entrances. si'" be °° r ° ^ ;' by the The Agent to the
Planning Commission may require such improvements, provided that the
property's development directly generates the need for such infrastructure
and provided further that the infrastructure required is in proportion to the
level of need generated by the development. Such determination by the
Agent shall be based upon a quantifiable need documented by analysis of
existing and post - development conditions, such as traffic or drainage
studies.
Sec. 36.2 -642. - General landscaping and screening standards.
(b) Planting materials. Where landscaping is required by this division,
the following standards shall apply:
(1) Trees used to meet the requirements of this division shall
be selected from the current list of landscape trees
approved and published by the zoning administrator - (Tree
List . Such list shall specify minimum height or minmum
caliper at planting, the 20 -year canopy of trees in square
feet, and the suitability of each species for parking areas,
site canopy, or buffer yards.
rm
256
(4) All required landscaping materials shall meet the
specifications and standards of the_ AmicanHort previously
the American Nursery and
Landscape Association.
(5) Where the planting of trees .:h„l4trees that have a height at
twenty -year maturity, which would interfere
with utilities, the Zoning Administrator
may, as a part of development plan approval,
Me trees sha-44 be n-re-vided at a rate that
will result in the sarne -aMeURt of total tFee GaPG".*
(A) Permit the substitution of trees with a lesser height at
maturity, provided the substitute trees shall be
rovided at a rate that will result in the same amount
of total tree canopy.
(B) Require that trees not be located within 10 feet of
sewer lines and lateral unless the tree species is
determined to be suitable for plantin i.n proximitV to
such utilities.
Sec. 36.2 -643. - Preservation of existing landscape features.
(a) Generally.
(3) With the approval of the Zoning Administrator, any existing
tree, of six (6) inch caliper or greater, determined to be in
healthy condition and of a species permitted and suitable
for the requirement of this division for which credit is
requested, as established ifl e 6 in the Tree List,
and preserved on the site in accordance with Section 36.2 -
643(b), may receive a tree preservation bonus. For
purposes of this subsection, a tree preservation bonus shall
provide credit as follows for purposes of satisfying tree
canopy requirements:
257
(A) Existing approved tree of at least six (6) inch caliper
`' shall receive a canopy credit of two (2) trees of the
same species;
(B) Existing approved tree of at least nine (9) inch caliper
shall receive a canopy credit of three (3) trees of the
same species; or
(C) Existing approved tree of at least twelve (12) inch
caliper shall receive a canopy credit of four (4) trees of
the same species.
(D) The Zoning Administrator may establish an
appropriate credit for preservation of trees not listed in
the city's Tree List subject to the Zoning
Administrator's determination that the height, caliper,
canopy, and suitability characteristics of such
alternative trees are consistent with the intent and
standards of this Division. The resource for such
determination shall be based on the published
reference text, Manual of Woody Landscape Plants,
fifth edition. 1998. by Michael A. Dirr.
Sec. 36.2 -648. - Parking area landscaping.
(a) Parking areas shall be subject to the following buffering and
screening standards:
(2) Trees required by this section shall be selected from Table
642-1 the Tree List.
258
Sec. 36.2 -652. - Minimum parking.
(a) Applicability.
(1) Where minimum parking is required pursuant to the
dimensional regulations of the district, the required
minimum number of off - street parking spaces shall be
provided as set forth in Table 652 -2, or as specified on the
development plan for a planned unit development district.
Table 652 -2. Required Parking Spaces
Minimum Number of
Use Parking Spaces Required
Calculated as 1 Space for
Each Specified Unit
Accessory Uses
Accessory uses
Residential Uses
Dwelling, single - family attached
Dwelling, single - family detached
Dwelling, two - family
Dwelling, multifamily, elderly (intended and
designed exclusively to house the elderly)
Dwelling, multifamily, other than elderly
Dwelling
Townhouse or row house
Dwelling, manufactured home
> Dwelling, mobile home
None
0.667 dwelling unit
None
0.667 dwelling unit
1.333 dwelling unit
0.667 dwelling unit
0.667 dwelling unit
Not applicable
Maximum
Parking
N
N
N
N
N
N
N
N
N
N
259
,.4 Accommodations and Group Living
Bed and breakfast Guest bedroom, plus 2 N
spaces
Boarding house
Dormitory
Group care facility, congregate home, elderly
Group care facility, congregate home, not
otherwise listed in this table
Group care facility, group care home
Group care facility, halfway house
Group care facility, nursing home
Group care facility, transitional living facility
Group home, subject to Section 15.2 -2291,
Code of Virginia
N
N
N
101
3 rooms or dwelling units N
N
N
N
N
Room; add spaces for
Hotel or motel meeting or restaurant area Y
as additional principal
uses.
Commercial Uses: Office and Related Uses
Blood bank or plasma center Y
Business service establishment, not otherwise Y
listed in this table 300 sf net floor area
Employment or temporary labor service Y
Financial institution Y
Laboratory, dental, medical, or optical N
Laboratory, and research 1,000 sf net floor area
rY� g N
Medical clinic Y
Office, general or professional 300 sf net floor area Y
Outpatient mental health and substance abuse
clinic Y
260
Commercial Uses: Miscellaneous
Animal hospital or veterinary clinic Y
Caterer, commercial 500 sf net floor area
Y
Community market Y
Drive - through facility Not applicable Y
Drive - through kiosk Y
Flea market
500 sf of indoor or outdoor
display area
Y
Funeral home
4 seats in largest chapel or
viewing room
Y
Kennel
1,000 sf net floor area
Y
Live -work unit
1.5 dwelling unit
Y
Mixed -use building
Subject to the requirements
of the uses in the building
Y
Outdoor advertising sign
None
N
Pet crematorium
1,000 sf net floor area
Y
Studio /multimedia production facility
500 sf net floor area
Y
Commercial Uses: Retail Sales and Service
Bakery, confectionary, or similar food
production, retail
Y
Body piercing establishment
Y
Building supplies and materials, retail
300 sf net floor area
Y
Business service establishment, not otherwise
listed in this table
Y
1.5 self - service bay
Car wash 0.25 automated service Y
bay
Commercial motor vehicle rental establishment 1,000 sf net floor area N
Commercial motor vehicle sales and service
establishment, new or used 5,000 sf of lot area Y
Contractor or tradesman's shop, general or
special trade 600 sf net floor area Y
Dry cleaning and laundry pickup station 250 sf net floor area Y
261
Dry cleaning plant or commercial laundry
500 sf net floor area
Y
Gasoline station
None
Y
General service establishment, not otherwise
Y
listed in this table
350 sf net floor area
Y
Janitorial services establishment
Laundromat
Y
Lumberyard
1,000 sf net floor area
Y
Manufactured or mobile home sales
500 sf of sales and service
Y
building
Motor vehicle rental establishment
1,000 sf net floor area
N
Motor vehicle repair or service establishment
1.5 service bay
Y
Motor vehicle sales and service establishment,
750 sf net floor area
Y
new or used
1,000 sf of indoor floor
sales area plus 1 space for
Nursery or greenhouse, commercial
every 1,000 sf of
N
,-
greenhouse or net outdoor
sales and customer display
area
Personal service establishment, not otherwise
300 sf net floor area
Y
listed in this table
Pet grooming
500 sf net floor area
Y
Recreational vehicle or boat sales
1,000 sf net floor area
Y
Retail sales establishment —Large appliances,
1,000 sf of retail showroom
furniture, household fixtures, swimming pools,
N
hot tubs, spas
area
Retail sales establishment, not otherwise listed
250 sf of retail area
Y
in this table
Storage building sales
500 sf of sales building
Y
Tattoo parlor
300 sf net floor area
Y
Industrial
1,000 sf up to 10,000 sf of
All industrial uses
building area, then 1 space
N
for every 2,000 sf of
remaining building area
262
Warehousing and Storage
Distribution center, not otherwise listed in this
table
M Self-storage buildin
Self- storage facility
Storage of commercial motor vehicles
Storage of motor vehicles for rental (no on -site
rental or leasing facility)
5,000 sf up to 50,000 sf of
building area, then 1 space
for every 10,000 sf of N
remaining building area
Not Applicable N
Tank farm, petroleum bulk station and terminal, 1,000 sf up to 10,000 sf of
or other aboveground storage of flammable building area, then 1 space
liquids for every 2,000 of N
remaining building area
5,000 sf up to 50,000 sf of
Warehouse building area, then 1 space
for every 10,000 sf of N
remaining building area
Assembly and Entertainment
Adult uses
Amphitheater
Amusement, commercial, indoor
Amusement, commercial, outdoor
Botanical garden or arboretum
Club, lodge, civic, social, or fraternal
organization
Community center
Eating establishment
Eating and drinking establishment
Entertainment establishment
Exhibition, convention, or conference center
Gaming establishment
Go -cart track
500 sf building area
Y
6 seats or 600 sf of total
assembly area, whichever
Y
is greater
250 sf net floor area
Y
1,000 sf of activity area
Y
Not applicable
Y
300 sf of net floor area N
100 sf net floor area N
8 persons of maximum
load occupancy Y
250 sf net floor area N
1,000 sf of activity area Y
263
Golf course
0.5 holes
Y
Health and fitness center
5 persons of maximum
Y
load occupancy
Meeting hall
5 persons of maximum
Y
load occupancy
Paint ball facility, outdoor
2,000 sf of activity area
Y
Park or playground, not otherwise listed in this
None
N
table
4 seats or per 6 linear feet
of bench seating in the
Place of worship
portion of the building to be
Y
used for services or the
largest assembly room,
whichever is greater
Recreation, indoor — Bowling alley
0.5 lane
Y
Recreation, indoor —Ice skating or roller skating
200 sf of skating area
Y
rink
Recreation, indoor or outdoor — Basketball
courts
0.5 court
Y
Recreation, indoor or outdoor — Batting cages
0.5 cage
Y
Recreation, indoor or outdoor — Skateboarding
500 sf of skating area
Y
course
Recreation, indoor or outdoor — Swimming pools
75 sf of water area
Y
Recreation, indoor or outdoor — Tennis or other
0.75 court
Y
racquet courts
Recreation, outdoor — Athletic fields
2,000 sf field area
Y
Recreation, outdoor —Golf driving ranges
0.75 tee
Y
Recreation, indoor, not otherwise listed in this
table
500 sf of activity area
Y
Recreation, outdoor, not otherwise listed in this
table
1,000 sf of activity area
Y
Sports stadium, arena, or coliseum
5 seats
Y
Theater, movie or performing arts
5 seats
N
Zoo
2,500 sf of display area
Y
264
Public, Institutional or Community Facilities
Aquarium or planetarium 2,000 sf net floor area Y
Artist studio 1,000 sf net floor area Y
Cemetery None N
Community food operation 1,000 sf net floor area N
Community garden None
Day care center, adult 8 persons as permitted by
max occupancy Y
Day care center, child 8 children as permitted by
max occupancy Y
Day care home, child Not applicable N
Educational facilities, business school or
nonindustrial school 4 students Y
Educational facilities, college /university
4 full -time equivalent
students
Y
Educational facilities, elementary
0.5 classroom
Y
Educational facilities, middle
0.5 classroom
Y
Educational facilities, secondary
7 students
Y
Educational facilities, industrial trade school
5 students
Y
Educational facilities, school for the arts
300 sf
Y
Fire, police, or emergency services
500 sf
N
Government facility —Jail
20 inmate capacity
N
Government offices or other government facility,
not otherwise listed in this Table
300 sf net floor area
Y
Hospital
500 sf net floor area
Y
Library
500 sf net floor area
Y
Military Reserve or National Guard Center
600 sf net floor area
Y
Museum
1,000 sf net floor area
Y
Post office
400 sf net floor area
Y
Supply pantry
500 sf net floor area
Y
Training facility for police, fire, or emergency
services
600 sf net floor area
Y
Transportation Uses and Structures
Airport None
Airport- related commercial and personal service 300 sf net floor area
uses
Bus maintenance, including repair and storage 2,000 sf building area
Bus passenger terminal or station None
Limousine service
Motor freight terminal or truck terminal
Railroad freight yard, repair shop, and
marshalling yard
Railroad passenger station
Taxicab business
300 sf net floor area of
office
5,000 sf up to 50,000 sf of
building area, then 1 space
for every 10,000 sf of
remaining building area
5,000 sf up to 50,000 sf of
building area, then 1 space
for every 10,000 sf of
[remaining] building area
None
300 sf net floor area of
office
Utility Uses and Structures
Broadcasting studio or station
300 sf net floor area
Broadcasting tower
None
Hazardous materials facility
300 sf office area
Utility distribution or collection, basic
None
Utility distribution or collection, transitional
None
Utility generation or treatment
300 sf office area
Utility maintenance and service facility
300 sf office area
Wireless telecommunications facility
None
265
N
N
N
Y
N
N
N
Y
N
Y
N
N
N
N
N
N
N
266
Agricultural operations
Animal shelter
Stable, commercial
Agriculture
Wildlife rescue shelter or refuge area
None N
500 sf net floor area Y
4 stalls Y
500 sf net floor area of
office Y
"sf' means the net floor area in square feet for the principal structure, or use if the use
occupies only part of a structure, unless otherwise noted in the table.
"Y" means the maximum parking regulations set forth in Section 36.2 -653 shall apply.
"N" means the maximum parking regulations shall not apply.
Sec. 36.2 -661. - Applicability.
(c) Exemptions. The provisions of this division, including the
requirements for a zoning permit, shall not apply to the following signs,
provided that no such sign shall be placed within the public right -of -way
or within any sight distance triangle. Exempted signs shall not be
included in the maximum permissible number of signs or maximum
permissible sign area. Any exempted sign that is to be located in the
Historic Downtown Overlay District (H -1) or the Historic Neighborhood
Overlay District (H -2) shall be subject to the requirements of Section
36.2 -530 if applicable.
(1) Decorative home flags or national, state, or other
governmental flags and insignias.
(2) Legal notice, identification, informational, or directional
signs erected by a government body or required to be
erected by a government body.
(3) Decorative banners attached to light poles, and secured at
the top and bottom, which bear no advertising or
commercial images.
(4) Directional signs not exceeding fGUF (4) _ 4square feet in
sign area, and feu —(4)4 feet in height for freestanding
directional signs.
267
(5) Signs displaying only the word "open" or "closed," or the
hours of operation, illuminated or otherwise, provided such
signs do not exceed one (44-per lot and do not exceed few
(44square feet in sign area
(6) Commemorative plaques, historical markers, and signs
which have special historical value or significance to the
community, provided such signs are erected by a
government body and do not exceed fifteen 15)15 square
feet in sign area.
(7) Nameplates not exceeding t` " 2— square feet in sign
area.
(8) Neighborhood identification signs, displaying only the name
of the neighborhood and not exceeding fifteen (154 15
square feet in sign area.
(9) Address sign not exceeding fetes -(4) square feet in sign
area.
(10) Murals.
(11) Temporary signs not exceeding twelve (12-)12 square feet
in cumulative sign area in a residential district.
(12) Temporary real estate signs which advertise for sale, rent,
or lease the land or building upon which such signs are
located. Such signs shall be limited to one (4-} -sign per
frontage and shall not exceed &446412 square feet in any
RA, R -12, R -7, R -5, R -3, RM -1, or RM -2 district and shall
not eXGeed thirty -two (32)32 square feet in any RMF,
multiple purpose district, industrial district, or planned unit
development district.
(13) Temporary off -site directional real estate signs, provided
such signs do not exceed five (5)12 square feet in sign area
and written permission is obtained from the property owner
on which the off - premises directional real estate sign is
located.
(14) Memorial plaques.
(15) Temporary safety signs placed on temporary structures,
fences, and barricades placed around excavations or
building projects, whether on public or private property,
which are related to safety considerations with the
construction.
(16) Construction signs erected on property where construction
is underway or is proposed. Such signs shall be limited to
one (4 -sign per frontage and shall not exceed sip {x}12
square feet in any RA, R -12, R -7, R -5, R -3, RM -1, or RM -2
district and shall not exceed 32 square feet in
any RMF, multiple purpose district, industrial district, or
planned unit development district.
(17) Signs associated with an outdoor recreational facility,
amphitheater, stadium or similar facility, where such signs
are not legible from the public right -of -way.
(18) A single sandwich board or "A" frame sign per storefront in
multiple purpose districts.
(19) Window covers placed on the inside of a window or
windows of a vacant storefront to shield the interior of the
building from view. Window covers shall not be subject to
the maximum window coverage requirements of Section
36.2 -671 (b).
Sec. 36.2 -662. - Definitions.
Signs and their characteristics, as used in this division, shall be
defined as set forth in this section and in Appendix A. For the purposes of
this division, to the extent of any inconsistency between Appendix A and
this division, the definitions provided in this division shall control.
Feather sign: any piece of flexible fabric resembling a feather in
shape, with an upright support on one side designed to allow the fabric to
oscillate with the wind
269
Sec. 36.2 -663. - Prohibited signs.
The following signs and sign characteristics shall be prohibited in all
zoning districts:
(a) Animated signs including feather signs.
Sec. 36.2 -664. - Zoning permits for signs.
(a) It shall be unlawful for any person to erect, install, structurally
alter, modify, relocate, or replace any sign or sign structure, except for
those exempted signs set forth in Section 36.2- 661(c) and those
exempted from the permit requirements as set forth in Section 363.2-
673(a), without first obtaining a zoning permit pursuant to this section.
The refacing of a sign shall not require a zoning permit.
Sec. 36.2 -673. - Temporary on- premises signs.
(a)
Temporary signs
shall be permitted in Multiple Purpose, Industrial and Planned Unit
Development Districts subject to the following standards.
(W A Zoning permit shall not be required for any temporary sign
meeting the requirements of this section.
(OM Temporary signs shall not be included in the computation of
permitted sign area.
(d1(G) Except as otherwise provided in this section, no temporary sign
shall be eFeGted oF pla isplayed for
(-)more than 60 days of a calendar daysyear.
270
Posted at .. all'-40t, eXGeP' when ;--Gh lGt GentaiR _S
Multiple establishments -
thereen The maximum area • •.
maximum height is 6 feet. One temporary sign is permitted for each lot
PRIM .
W 010=311-
. •
TabIP 673
Square Footage of Sign Area
M ltip,��pese
D i S tF�tGt S
Amnia: Istria,
B+str+Ets 9+str+ets;
Phere Un-4
Developmem
sign (Building mounted or fineestanding) Net 3-2-SLc a ra feet
• - . • : III III! -
-
09) Inflatable signs, laser light or image projection signs, or
searchlight or beacon signs shall be permitted as freestanding temporary
signs, provided such signs meet the following requirements:
271
(1) Permits for such signs shall not be issued unless the
``°` applicant provides documentation from the Roanoke
Regional Airport and medical helicopter patient
transportation providers within the City limits of
noninterference with established routes;
(2)(3) Permits for such signs shall be limited to twe (2) times ^ems
7 days per calendar year per lot;,
I 1 • • r • • r
r
3Kiv
� r
(keg) A temporary cover placed over an existing sign face because of
change of ownership or the name of the business establishment shall be
considered an on- premises temporary sign and shall be subject to the
regulations of this section, except that such sign shall be permitted for a
duration of sixty (W6 O calendar days. Such temporary cover shall not
exceed the sign area of the existing permanent sign face it is covering
and shall not increase the height of the existing sign face. Upon written
application by the original applicant to the Zoning Administrator, prior to
the expiration of the original zoning permit for the temporary sign, the
Zoning Administrator may extend the time period for the zoning permit,
up to thirty (30) calendar days, if in the opinion of the Zoning
Administrator the applicant is diligently pursuing a permanent sign
replacement or reface. Failure of a person to apply for such extension
within the timeframe set forth in this subsection, and the continued
display of the temporary sign beyond the duration of the original zoning
permit, shall constitute a violation of this chapter.
272
( +h) Except as otherwise provided in this section,
premises signs shall be attached to a building or building
attached to posts, stakes, or other supports that shall be
time the sign is removed.
APPENDIX A. - DEFINITIONS
temporary on-
appendage or
removed at the
For the purposes of this chapter, the following terms and words
shall be defined as set forth below, unless otherwise provided in this
chapter:
Composting facility: A facility where organic matter that is derived
primarily from off -site is to be processed by composting or is processed for
commercial purposes. Activities of a composting facility may include
management, collection, transportation, staging, composting, curing,
storage, marketing, or use of compost.
Borrow or Fill Site: A lot or Dortion of a lot at which soil or other
related material is removed from the site for transportation to another site
or where soil or inert material from another lot or site is Placed and that
such borrow or fill changes the grade or elevation of the property. Borrow
or fill related to an active building or zoning Permit for a use other than a
borrow or fill site is not considered a borrow or fill site. Anv grading,
whether intermittent or continuous that occurs for longer than 30 days that
is not part of an active building or zoning Permit for a borrow or fill site is
considered a borrow or fill site. Incidental grading as part of a landsca in
project is not considered a borrow or fill site
273
APPENDIX B. SUBMITTAL REQUIREMENTS
B -1. - Basic Development Plan
(a) A basic development plan shall be prepared in a clear and legible
manner and shall be drawn to a suitable and fixed scale, such as one (1)
inch equals thirty (30) feet. This scale may be larger or smaller
depending upon the size of the lot or tract involved. The zoning
administrator may require a basic development plan to be prepared by a
design professional based on a survey when a high level of precision is
required including construction close to a lot line, when specific building
placement is required, or proximity to a flood zone. The zoning
administrator may require an as -built survev to confirm proper location
during or upon completion of construction when such level of precision is
required.
(b) A basic development plan submitted for approval shall include a
completed application form, accompanied by payment of the required
fees. One copy of the basic development plan, whether digital or paper,
shall be submitted for any review by the Zoning Administrator.
(c) A basic development plan shall include the following information,
woo although the agent to the plannin- zoning administrator 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 City Code:
(1) Official tax map number and current zoning classification,
including any conditions that may be applicable to the
property.
(2) Scale of the drawing.
(3) Name and /or labeling of all adjoining streets and alleys.
(4) All public easements affecting the property.
(5) Accurate dimensions and shape of the lot.
(6) Location and dimensions, to scale, of all existing and
proposed structures on the lot, including the delineation and
dimensions of any overhangs or eaves.
274
(7) Setback measurements for all existing or proposed
structures on the lot from all adjoining property lines. If the
development is subject to the front yard dimensions for infill
development in Section 36.2 -313, the shallowest
established front yard shall be delineated as required by
that section. 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.)
(8) Number, location, and dimensions of all on -site parking
spaces, entrances to the site, driveways, or other paved
areas; labeling of driveway surface; delineation of on- street
parking space(s) if permitted on- street parking along lot
frontage is being utilized to meet minimum parking
requirement, per Section 36.2- 652(d).
(9) Existing and proposed improvements in the right-of-way
abutting the property or development area including edge of
pavement curb sidewalk driveway entrances and street
trees.
(9) 10 Verification of available water and sanitary sewer
facilities and location of any new water lines and sewer
laterals, or septic systems when permitted.
(4-G)(1 1 Delineation of all landscaping required pursuant to
the regulations of Article 4 and Article 6 of this chapter,
including:
(A) Location, size, and description of all required planting
areas and planting materials; however, such details on
required tree canopy need not be specified and may
be substituted by a statement on the plan indicating
the amount (square feet) of required overall tree
canopy to be provided before a certificate of
occupancy is issued.
275
(B) Tree protection areas and methods of protection for
any existing vegetation to be preserved to satisfy any
landscaping requirement; and
(C) Delineation of any created slope of two to one (2:1),
horizontal to vertical, or greater, and description of
vegetative cover pursuant to Section 36.2- 642(a)(4).
(444C12) Delineation of any riparian buffers required pursuant
to Section 36.2 -335.
(124L1 3 Outdoor lighting plan as required by Division 2,
Article 6, of this chapter.
(4-37} 14 For any property located in a floodplain district as
established by Section 36.2 -333, or if the property is
determined to be in such close proximity that a reasonable
uncertainty exists as to the location of the floodplain district,
the mean sea level elevations, prepared by a licensed
surveyor or engineer, shall be given for:
F_-I
(A) The floodway and /or the 100 -year floodplain;
(B) The lowest floor elevation of all existing or proposed
structures; and
(C) The elevation to which the structure is or will be flood
proofed.
(444L1 5) Statement that all utilities will be located
underground or statement of exception per Section 36.2-
610.
( Ll 61 Other information as may be required by the Zoning
Administrator to determine compliance with this chapter.
276
(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 11.4-7 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.
, A_n agreement in lieu of a
plan may be substituted for an erosion and sediment control plan
consistent with the provisions of Chapter 11.7 Erosion and Sediment
Control, of this code..-.
2. This ordinance will become effective immediately upon adoption.
3. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
oz,"A, %�, M
Cecelia F. McCoy, CMC Sherman P.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2020.
No. 41818- 072020.
-�, ve�
Lea, Sr.
AN ORDINANCE exempting from real estate property taxation certain real
property, located in the City of Roanoke owned by Local Environmental Agriculture
Project, Incorporated, ( "Applicant ") a Virginia non - stock, non - profit corporation, 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.
277
WHEREAS, the Applicant has petitioned Council to exempt certain real property
of the Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of
Virginia;
WHEREAS, a public hearing at which all citizens had an opportunity to be heard
with respect to the Applicant's petition was held by Council on July 20, 2020;
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 Applicant agrees that the real property to be exempt from
taxation is certain real estate, including the land and any building located thereon, at 0
Salem Avenue, S. W., Roanoke, Virginia (Tax Map #1211604), 1718 Salem
Avenue, S. W., Roanoke, Virginia (Tax Map #1211605), 0 Campbell Avenue, S. W.,
Roanoke, Virginia (Tax Map #1112820), and 712 Patterson Avenue, S. W., Roanoke,
Virginia (Tax Map #1112822), (the "Real Property "), and owned by the Applicant, which
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 Real Property, were the Real Property not exempt from such taxation,
for so long as the Real Property is exempted from such taxation.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows..
278
1. Council classifies and designates the Applicant, a non - stock, non - profit
corporation, 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 the Real Property, which Real Property is owned by the Applicant and
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 Real
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 Real Property, were the Real Property not
exempt from such taxation, for so long as the Property is exempted from such taxation.
3. This Ordinance shall be in full force and effect on January 1, 2021, 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 Maureen McNamara Best, Director
of Local Environmental Agriculture Project, Incorporated.
5. Pursuant to Section 12 of the City Charter, the second reading of this
Ordinance by title is hereby dispensed with.
ATTEST:
. ' „e_
Cecelia F. McCoy, CMC
City Clerk
,4,
Sherman P. Lea, Sr.
Mayor
279
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2020.
No. 41819- 072020.
A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF NOT TO
EXCEED TWENTY -NINE MILLION THREE HUNDRED TWENTY THOUSAND
DOLLARS ($29,320,000) 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; AND
OTHERWISE PROVIDING WITH RESPECT TO THE ISSUANCE, SALE AND
DELIVERY OF SUCH BONDS; AND 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.
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 $29,320,000 aggregate principal amount of
general obligations of the City, in the form of General Obligation Public Improvement
Bonds of the City (the "Bonds "), for the purpose of providing funds to pay the costs of
the acquisition, construction, reconstruction, improvement, extension, enlargement and
equipping of various public improvement projects of and for the City (including related
design and architectural and engineering services), (ii) to authorize the issuance of a
like principal amount of General Obligation Public Improvement Bond Anticipation Notes
(the "Notes ") in anticipation of the issuance of such Bonds and (iii) to authorize the sale
of such Bonds and such Notes;
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
aelert
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 -Nine Million Three Hundred Twenty Thousand
Dollars ($29,320,000) 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."
(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 or the
City Manager. There shall be added to the designation of the Bonds a series
designation determined by the Director of Finance or the City Manager. 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 or
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 or 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) 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 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 or 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) shall be called for redemption, notice of the redemption thereof,
specifying the date, number and maturity of such Bond, the date and place or places
fixed for its redemption, and if less than the entire principal amount of such Bond is to
be redeemed, that such Bond must be surrendered in exchange for the principal
amount thereof to be redeemed and a new Bond or Bonds issued equaling in principal
amount that portion of the principal amount thereof not to be redeemed, shall be mailed
not less than thirty (30) days prior to the date fixed for redemption, by first class mail,
postage prepaid, to the registered owner thereof at 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,
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 or the City Manager are each hereby authorized
to appoint a Registrar and Paying Agent for the Bonds (the "Registrar and Paying
Agent ").
(c) The Director of Finance or the City Manager 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 or the City Manager 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
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.
283
(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 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 and Paying Agent to DTC or its nominee, Cede & Co., as registered owner of
the Bonds, which will in turn remit such payments to the DTC participants for
subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal and
interest payments to DTC participants will be the responsibility of DTC. Transfers of
such payments to beneficial owners of the Bonds by DTC participants will be the
responsibility of such participants and other nominees of such beneficial owners.
Transfers of ownership interests in the Bonds will be accomplished by book entries
made by DTC and, in turn, by the DTC participants who act on behalf of the indirect
participants of DTC and the beneficial owners of the Bonds.
(iii) The City will not be responsible or liable for sending transaction
statements or for maintaining, supervising or reviewing records maintained by DTC, its
participants or persons acting through such participants or for transmitting payments to,
communicating with, notifying, or otherwise dealing with any beneficial owner of the
Bonds.
SECTION 5. (a) CUSIP identification numbers may be printed on the Bonds,
but no such number shall constitute a part of the contract evidenced by the particular
Bond upon which it is printed; no liability shall attach to the City or any officer or agent
thereof (including any paying agent for the Bonds) by reason of such numbers or any
use made thereof (including any use thereof made by the City, any such officer or any
such agent) or by reason of any inaccuracy, error or omission with respect thereto or in
such use; and any inaccuracy, error or omission with respect to such numbers shall not
constitute cause for failure or refusal by the successful bidder or purchaser to accept
delivery of and pay for the Bonds in accordance with the terms of its bid. All expenses
in connection with the assignment and printing of CUSIP numbers on the Bonds shall
be paid by the City; provided, however, that the CUSIP Service Bureau charge for the
assignment of such numbers shall be the responsibility of the successful bidder for or
purchaser of the Bonds.
(b) A copy of the final legal opinion with respect to the Bonds, with the name
of the attorney or attorneys rendering the same, together with a certification of the City
Clerk, executed by a facsimile signature of that officer, to the effect that such copy is a
true and complete copy (except for letterhead and date) of the legal opinion which was
dated as of the date of delivery of and payment for the Bonds, may be printed on the
Bonds.
SECTION 6. To the extent it shall be contemplated at the time of their
issuance that the interest on any Bonds issued hereunder shall be excludable from
gross income for purposes of federal income taxation, the City covenants and agrees
that it shall comply with the provisions of Sections 103 and 141 -150 of the Internal
Revenue Code of 1986, as amended, and the applicable Treasury Regulations
promulgated under such Sections 103 and 141 -150 so long as any such Bonds are
outstanding.
285
SECTION 7. The net proceeds of the sale of the Bonds and Notes authorized
for issuance hereunder in the aggregate principal amount of not to exceed $29,320,000
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 Improvements
$5,000,000
Bridge Renovation
2,500,000
Parks and Recreation Master Plan
100,000
Berglund Center Improvements
1,500,000
Stormwater Management
2,000,000
Curb, Gutter and Sidewalk Program
1,500,000
Streetscapes Improvements
500,000
Fleet Capital Replacements
600,000
Technology Capital
500,000
Public Works Service Center
1,500,000
Capital Building Maintenance
1,000,000
Campbell Court
4,000,000
Transit Facility
7,478,000
Total
$28,178,000
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 or 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 or the Director of Finance. The Bonds may be issued as taxable or tax -
exempt Bonds as shall be determined by the City Manager or the Director of Finance.
(b) If the Bonds are sold at competitive sale, the Director of Finance or the
City Manager are each 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 or the City Manager
are each hereby authorized to provide that bids for the purchase of the Bonds may be
received by electronic bidding.
No
(c) If the Bonds are sold at competitive sale, the City Manager or the Director
of Finance, without further action by the Council, (i) are each 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 each 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 or the Director of
Finance are each 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 or the Director of Finance
are each 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 or 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 or the Director
of Finance, without further action of the Council, (i) are each 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) re each 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 or the Director of Finance; provided, however, in no
event shall the true interest cost for the Bonds of any series exceed five percent
(5.00 %). The City Manager or the Director of Finance are each 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 or the Director of Finance are each 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 or the Director of
Finance at the time of sale of any such taxable Bonds. The City Manager or the
Director of Finance are each 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.
"000
(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 or the Director of Finance are each
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 or the Director of Finance are each 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 or the Director of Finance upon advice of
counsel (including the City Attorney and Bond Counsel), such approval to be
conclusively evidenced by their execution thereof.
(g) All actions and proceedings heretofore taken by this Council, the City
Manager, the Director of Finance and the other officers, employees, agents and
attorneys of and for the City in connection with the issuance and sale of the Bonds are
hereby ratified and confirmed.
SECTION 9. The Bonds, the certificate of authentication of the Registrar and
Paying Agent, and the assignment endorsed on the Bonds, shall be in substantially the
forms set forth in Exhibit A attached hereto.
SECTION 10. The Notes, designated as "City of Roanoke, Virginia General
Obligation Public Improvement Bond Anticipation Notes," are authorized for issuance
and sale by the City Manager and the Director of Finance in anticipation of the issuance
of the 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 or the Director of Finance. The City Manager or the
Director of Finance (i) are each 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 each 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; provided
however, Notes sold at competitive sale shall be sold at the lowest true interest cost to
the City; and provided, further, 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 or
the Director of Finance are each 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 or the Director of Finance are each 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 %), except that any taxable Notes issued hereunder may
be subject to redemption at a redemption price that includes a make -whole premium, as
ay be determined by the City Manager or the Director of Finance at the time of sale of
the Notes. 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 or
the City Manager. 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, 4, 5 and 6 shall apply to
such Notes to the same extent the same apply to the Bonds except, in the case of the
provisions of Section 2, only to the extent such Notes are not paid from the proceeds of
the Bonds or from any other available funds. Bonds in anticipation of which such Notes
are issued pursuant to this Section 10 may be issued and sold in accordance with the
provisions of this Resolution at any time within five (5) years of the date of issuance of
the first Notes issued in anticipation of such Bonds.
SECTION 11. (a) In addition to the authorization for a competitive or
negotiated sale of the Bonds and the Notes as set forth in Sections 8 and 10 hereof,
the Council hereby authorizes the issuance and sale of the Bonds and the Notes to
one or more lenders to evidence one or more loans made to the City by one or more
lenders in accordance with any proposal made by such lender(s) to the City pursuant
to any Request for Proposal issued by the City for any such loan (hereinafter any such
Request for Proposal of the City and any proposal from any lender(s) submitted in
response thereto shall be collectively referred to as a "Financing Proposal "). There is
hereby delegated to the City Manager or the Director of Finance, without further action
by the Council, the authority to issue and deliver the Bonds and the Notes pursuant to
this Section 11 at such price(s) and rate(s), and on such other terms and conditions, as
shall be provided in any Financing Proposal, which Financing Proposal shall be in such
form and containing such terms and conditions as the City Manager or the Director of
Finance deems acceptable, acting with the advice of the City's financial advisor and
legal counsel (including the City Attorney and the City's Bond Counsel), subject to the
4W
provisions and parameters set forth herein. Any such loan authorized hereby to be
evidenced by any Bonds or Notes of the City authorized and issued pursuant to this
Resolution may be in the form of a non - revolving drawdown loan in an aggregate
principal amount not to exceed $29,320,000.
(b) Notwithstanding anything in this Resolution to the contrary, Bonds or
Notes issued and sold pursuant to a Financing Proposal as provided in this Section 11
may bear interest at such fixed rates or variable rates of interest (which variable rates of
interest shall be determined in accordance with any variable rate formula as shall be set
forth in any Financing Proposal) as shall be determined by the City Manager or the
Director of Finance, acting with the advice of the City's financial advisor; provided,
however, that the true interest cost of any fixed rate(s), or the initial variable rate(s) of
interest, shall not exceed 5.000 %; and provided further that the fixed rate(s) or variable
rate(s) determined for such Bonds or Notes may be further subject to adjustment upon
the occurrence of certain events or conditions as may be set forth in any Financing
Proposal, including, without limitation, adjustments to the stated interest rate or interest
rate formula upon the occurrence of any event of taxability with respect to the Bonds or
Notes, any default in payment with respect to the Bonds, and any change in the
marginal corporate tax rate of corporations under federal law. Notwithstanding anything
in this Resolution to the contrary, any Bonds or Notes issued and sold pursuant to a
Financing Proposal as provided in this Section 11 may be pre - payable at a prepayment
price or redemption price that includes any make -whole amount, yield maintenance fee,
penalty fee or break - funding amount calculated in accordance with any formula
acceptable to the City Manager or the Director of Finance, acting with the advice of the
City's financial advisor and legal counsel (including the City Attorney and Bond
Counsel) as may be set forth in any Financing Proposal or in the Bonds, and in such
case, such prepayment price or redemption price may exceed the 2% redemption
premium limitation set forth in Sections 8 and 10 above.
(c) Any one of the City Manager or the Director of Finance is hereby
authorized to execute and deliver any Financing Agreement, purchase agreement or
any other document, agreement or instrument necessary to provide for the issuance
and delivery of the Bonds or the Notes (hereinafter collectively referred to as the
"Financing Documents "), which Financing Documents shall be in such form and
substance as shall be acceptable to the City Manager or the Director of Finance, as
evidenced by his or her signature thereon, acting with the advice of legal counsel
(including the City Attorney and Bond Counsel). Any one of the City Manager or the
Director of Finance is hereby further authorized to determine, or to modify the form of
and terms of the Bonds or the Notes with respect to the dated date of the Bonds or the
Notes, the authorized denominations of the Bonds or the Notes, the assignment of
CUSIP Numbers, if any, to the Bonds or the Notes, and the principal and interest
payment dates of the Bonds or the Notes. Notwithstanding anything in this Resolution
to the contrary, any of the Bonds or Bond Anticipation Notes may be issued directly to
the purchaser thereof, as registered owner or holder thereof.
290
SECTION 12. The Council hereby authorizes the City to make expenditures
for the purpose for which the Bonds or Notes are to be issued in advance of the
issuance and receipt of the proceeds of the Bonds or Notes and to reimburse such
expenditures from the proceeds of the Bonds or Notes. The adoption of this Resolution
shall be considered an "official intent' within the meaning of Treasury Regulation
Section 1.150 -2 promulgated under the Internal Revenue Code of 1986, as amended.
SECTION 13. The City Clerk is hereby directed to file a copy of this
Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of
the City of Roanoke, Virginia, all in accordance with Section 15.2 -2607 of the Code of
Virginia, 1950 as amended.
SECTION 14. All ordinances, resolutions and proceedings in conflict herewith
are, to the extent of such conflict, repealed.
ATTEST:
F
Cecelia o�
F. McCoy, CMC
City Clerk Sherman P. Lea, Sr.
Mayor
EXH- --CBI! A
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND
SERIES
REGISTERED
No. R-
MATURITY INTEREST
DATE: RATE:
REGISTERED OWNER
PRINCIPAL SUM:
REGISTERED
DATE OF BOND: CUSIP NO.:
CEDE & CO.
DOLLARS
291
THE CITY OF ROANOKE, in the Commonwealth of Virginia (the "City "), for value
received, acknowledges itself indebted and hereby promises to pay to the Registered
Owner (named above), or registered assigns, on the Maturity Date (specified above)
(unless this Bond shall be subject to prior redemption and shall have been duly called
for previous redemption and payment of the redemption price duly made or provided
for), the Principal Sum (specified above), and to pay interest on such Principal Sum on
and semiannually on each and
thereafter (each such date is hereinafter referred to as an "interest payment date "), from
the date hereof or from the interest payment date next preceding the date of
authentication hereof to which interest shall have been paid, unless such date of
authentication is an interest payment date, in which case from such interest payment
date, or unless such date of authentication is within the period from the sixteenth (16th)
day to the last day of the calendar month next preceding the following interest payment
date, in which case from such following interest payment date, such interest to be paid
until the maturity or redemption hereof at the Interest Rate (specified above) per annum,
by check mailed by the Registrar and Paying Agent hereinafter mentioned to the
Registered Owner in whose name this Bond is registered upon the books of registry, as
of the close of business on the fifteenth (15th) day (whether or not a business day) of
the calendar month next preceding each interest payment date; provided, however, that
so long as this Bond is in book -entry only form and registered in the name of Cede &
Co., as nominee of The Depository Trust Company ( "DTC "), or in the name of such
other nominee of DTC as may be requested by an authorized representative of DTC,
interest on this Bond shall be paid directly to Cede & Co. or such other nominee of DTC
by wire transfer. Interest on this Bond shall be calculated on the basis of a three
hundred sixty (360) day year comprised of twelve (12) thirty (30) day months. The
principal of this Bond is payable upon presentation and surrender hereof, at the office of
as the Registrar and Paying Agent, in the City of ,
Principal of and interest on this Bond are payable in any coin or currency
of the United States of America which, on the respective dates of payment thereof, shall
be legal tender for public and private debts.
This Bond is one of an issue of Bonds of like date, denomination and tenor
except as to number, interest rate and maturity, which is issued for the purpose of
providing funds to pay the costs of the acquisition, construction, reconstruction,
improvement, extension, enlargement and equipping of various public improvement
projects of and for the City (including related design and architectural and engineering
services), under and pursuant to and in full compliance with the Constitution and
statutes of the Commonwealth of Virginia, including Chapter 26 of Title 15.2 of the Code
of Virginia, 1950, as amended (the same being the Public Finance Act of 1991), and
resolutions and other proceedings of the Council of the City duly adopted and taken
under the Public Finance Act of 1991.
292
The Bonds of the issue of which this Bond is one (or portions thereof it
installments of $5,000) maturing on and after
redemption at the option of the City prior to their stated a0turitiesr,e on u or subject
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 —'
of each year thereafter and to payment at maturity on and on
amounts in each year set forth below, in the case of redemption with the particular Bond
or Bonds maturing on or portions thereof to be redeemed to be selected
by lot, upon payment of the principal amount of the Bonds maturing on _
to be redeemed, together with the interest accrued on the principal amount to be
redeemed to the date fixed for the redemption thereof:
Year Principal Amount
The City, at its option, may credit against such mandatory sinking fund
redemption requirement the principal amount of any Bonds maturing on
which have been purchased and cancelled by the City or which have be_ en
redeemed and not theretofore applied as a credit against such mandatory sinking fund
redemption requirement.
If this Bond is redeemable and this Bond (or any portion of the principal amount
hereof in installments of $5,000) shall be called for redemption, notice of the redemption
hereof, specifying the date, number and maturity of this Bond, the date and place or
places fixed for its redemption, and if less than the entire principal amount of this Bond
is to be redeemed, that this Bond must be surrendered in exchange for the principal
amount hereof to be redeemed and a new Bond or Bonds issued equaling in principal
amount that portion of the principal amount hereof not to be redeemed, shall be mailed
not less than thirty (30) days prior to the date fixed for redemption, by first class mail,
postage prepaid, to the Registered Owner hereof at the address of such Registered
Owner as it appears on the books of registry kept by the Registrar and Paying Agent as
293
of the close of business on the forty -fifth (45th) day next preceding the date fixed for
redemption. If notice of the redemption of this Bond (or the portion of the principal
amount hereof to be redeemed) shall have been given as aforesaid, and payment of the
principal amount of this Bond (or the portion of the principal amount hereof to be
redeemed) and of the accrued interest payable upon such redemption shall have been
duly made or provided for, interest hereon shall cease to accrue from and after the date
so specified for the redemption hereof.
Any notice of the optional redemption of this Bond may state that it is conditioned
upon there being on deposit with the City on the date fixed for the redemption hereof an
amount of money sufficient to pay the redemption price of this Bond, together with the
interest accrued thereon to the date fixed for the redemption hereof, and any conditional
notice so given may be rescinded at any time before the payment of the redemption
price of this Bond, together with the interest accrued thereon, is due and payable if any
such condition so specified is not satisfied. If a redemption of this Bond does not occur
after a conditional notice is given due to there not being on deposit with the City a
sufficient amount of money to pay the redemption price of this Bond, together with the
interest accrued thereon to the date fixed for the redemption hereof, the corresponding
notice of redemption shall be deemed to be revoked.
Subject to the limitations and upon payment of the charges, if any, provided in
the proceedings authorizing the Bonds of the 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.
294
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 acts, conditions and things required to
exist, happen or be performed precedent to and in the issuance of this Bond do exist,
have happened and have been performed in due time, form and manner as required by
law, and that the amount of this Bond, together with all other indebtedness of the City
does not exceed any limitation of indebtedness prescribed by the Constitution or
statutes of the Commonwealth of Virginia.
IN WITNESS WHEREOF, the City has caused this Bond to be executed by the
manual or facsimile signature of its Mayor; a facsimile of the corporate seal of the City
to be imprinted hereon attested by the manual or facsimile signature of its City Clerk;
and this Bond to be dated the date first above written.
CITY OF ROANOKE, VIRGINIA
[SEAL]
Attest: Mayor
City Clerk
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds delivered pursuant to the within - mentioned
Proceedings.
as Registrar and Paying Agent
By:
Authorized Signatory
Date of Authentication:
295
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto
(Please print or type name and address, including postal zip code of Transferee)
PLEASE INSERT SOCIAL SECURITY
OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE:
the within Bond and all rights thereunder, hereby irrevocably constituting and appointing
, Attorney, to transfer
such Bond on the books kept for the registration thereof, with full power of substitution
in the premises.
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must be
guaranteed by a member firm of The
New York Stock Exchange, Inc. or a
commercial bank or trust company.
rN
(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.
296
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2020.
No. 41820- 072020.
AN ORDINANCE to appropriate funding to be provided by the issuance of
General Obligation Bonds to the Stormwater Improvements, Civic Center, City -wide
Curb /Gutter /Sidewalk, Street Improvements, Parks and Recreation Master Plan, Fleet
Capital Replacements, Digital Radio Conversion, Bridge Renovations, Campbell Court,
Transit Facility, Patrick Henry High School Stadium, Fishburn Park, Preston Park and
Grandin Court Playgrounds, as well as various school maintenance upgrade projects,
amending and reordaining certain sections of the 2020 - 2021 Stormwater Utility, Civic
Center, 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 2020 - 2021 Stormwater Utility, Civic Center, 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 2021 Bond Funds
2021 Debt Issuance
03- 530 - 3014 -9600
$ 2,000,000
Civic Facilities Fund
03- 530 - 3018 -9650
(2,000,000)
Appropriations
Appropriated from 2021
Appropriated from 2021
Bond Funds
Bond Funds
05- 550 - 8658 -9600
$ 150,000
Appropriated from 2021
Bond Funds
05- 550 - 8671 -9600
05- 550 - 8636 -9600
350,000
Appropriated from 2021
Appropriated from 2021
Bond Funds
Bond Funds
05- 550 - 8648 -9600
22,500
300,000
Appropriated from 2021
Bond Funds
05- 550 - 8668 -9600
05- 550 - 8669 -9600
300,000
Appropriated from 2021
Appropriated from 2021
Bond Funds
Bond Funds
05- 550 - 8651 -9600
50,000
207,500
Appropriated from 2021
Bond Funds
05- 550 - 8652 -9600
05- 550 - 8670 -9600
100,000
2021 Debt Issuance
Capital Projects Fund
05- 550 - 8653 -9650
20,000
( 1,500,000)
Appropriations
Appropriated from 2021
Appropriated from 2021
Bond Funds
Bond Funds
08- 530 - 9593 -9600
$ 2,500,000
Appropriated from 2021
Bond Funds
08- 620 - 9770 -9600
08- 530 - 9799 -9600
100,000
Appropriated from 2021
Appropriated from 2021
Bond Funds
08- 530 - 9298 -9600
300,000
1,200,000
Bond Funds
08- 530 - 9278 -9600
500,000
Appropriated from 2021
Bond Funds
Appropriated from 2021
Bond Funds
Appropriated from 2021
Bond Funds
Appropriated from 2021
Bond Funds
Appropriated from 2021
Bond Funds
Appropriated from 2021
Bond Funds
2021 Debt Issuance
(19,178,000)
2021 Debt Issuance
( 500,000)
School Capital Projects Fund
Appropriations
Appropriated from 2021
Bond Funds
Appropriated from 2021
Bond Funds
Appropriated from 2021
Bond Funds
Appropriated from 2021
Bond Funds
Appropriated from 2021
Bond Funds
2021 Debt Issuance
297
08- 440 - 9498 -9600
600,000
08- 430 - 9496 -9600
500,000
08- 440 - 9239 -9600
1,500,000
08- 440 - 9240 -9600
1,000,000
08- 310 - 9350 -9600
4,000,000
08- 530 - 9257 -9600
7,478,000
08- 530 - 9473 -9650
(19,178,000)
08- 430 - 9639 -9650
( 500,000)
31- 065 - 6024 -9600
$ 3,000,000
31- 065 - 6086 -9600
1,195,000
31- 065 - 6005 -9600
250,000
31- 065 - 6006 -9600
225,000
31- 065 - 6023 -9600
330,000
31- 060 - 9474 -9650
(5,000,000)
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:
0,
S. e-
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of August, 2020.
No. 41821- 080320.
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 $102,440;
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 $102,440, with a local in -kind match in
the amount of $20,000 to be provided by the City for the Central Intake program, a local
in -kind match in the amount of $3,383 to be provided by Safehome Systems, Inc., and a
local in -kind match in the amount of $10,000 to be provided by the Council of
Community Services, such proceeds to be used during the term of the Grant, beginning
July 1, 2020, and ending June 30, 2021, all as more particularly set forth in the City
Council Agenda Report dated August 3, 2020. 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:
C&Y-
Cecelia F. McCoy, CMC
City Clerk
I r, J, l .
S�-._.�
Sherman P. Lea, Sr. }�L
Mayor
299
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The V day of August, 2020.
No. 41822 - 080320.
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 2020 - 2021 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 2020 - 2021 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Regular Employee Salaries
35- 630 - 5460 -1002
$ 41,628
City Retirement
35- 630 - 5460 -1105
6,867
401 H Health Savings Match
35- 630 - 5460 -1117
427
FICA
35- 630 - 5460 -1120
3,118
Dental Insurance
35- 630 - 5460 -1126
353
Life Insurance
35- 630 - 5460 -1130
557
Disability Insurance
35- 630 - 5460 -1131
124
Medical Insurance
35- 630 - 5460 -1180
7,936
Council of Community Services
35- 630 - 5460 -5618
33,218
Safehome Systems
35- 630 - 5460 -5646
8,212
Revenues
VA Homeless Solutions FY21 - Fed
35 -630- 5460 -5460
17
VA Homeless Solutions FY21 - State
35- 630 - 5460 -5461
102,423
Pursuant 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 eu&�'
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
300
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The V day of August, 2020.
No. 41823- 080320.
A RESOLUTION authorizing the City Manager to accept, on behalf of the City of
Roanoke, "pass- through" funds from the Virginia Department of Emergency
Management (VDEM) to assist the Hazardous Materials Response Team with the
purchase of equipment and training, 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
"pass- through" funds from VDEM to assist the Hazardous Materials Response Team
with the purchase of equipment and training in FY18 in the amount of $24,224, in FY19
the amount of $18,179, and in FY20 the amount of $16,484 for a total of $58,887, with
no local match required, such funds being more particularly described in the City
Council Agenda Report dated August 3, 2020.
2. The City Manager is hereby authorized to execute and file, on behalf of
the City, any documents setting forth the conditions of the "pass- through" funds 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 VDEM in connection with the acceptance of the foregoing "pass -
through" funds.
APPROVED
ATTEST:
S. qWe_&7
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
301
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The V day of August, 2020.
No. 41824 - 080320.
AN ORDINANCE appropriating funding from the United States Department of
Transportation through the Commonwealth of Virginia Department of Emergency
Management (VDEM) for hazardous materials emergency responses and training and
development, amending and reordaining certain sections of the 2019 - 2020 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 2019 - 2020 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Program Activities
Program Activities
Program Activities
Revenues
Haz -Mat Response Grant FY18
Haz -Mat Response Grant FY19
Haz -Mat Response Grant FY20
35- 520 - 3243 -2066
$ 24,224
35- 520 - 3244 -2066
18,179
35- 520 - 3246 -2066
16,484
35- 520 -
3243
-3282
24,224
35- 520 -
3244 -3283
18,179
35- 520 -
3246 -3284
16,484
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC
City Clerk
C-- "' -
Sherman P. Lea, Sr.
Mayor
302
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 31d day of August, 2020.
No. 41825 - 080320.
A RESOLUTION accepting the Virginia Department of Transportation's (VDOT)
award to the City in the total amount of $2,818,704 for the Smart Scale funds for the
Orange Avenue Improvement Project from King Street to Blue Hills Drive /Mexico Way;
authorizing the City Manager to execute a VDOT Standard Project Administration
Agreement for Federal -aid Projects and Appendix A for the Orange Avenue
Improvement Project; 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 that:
1. The City of Roanoke hereby accepts the VDOT award in the total amount
of $2,818,704 for the Smart Scale funds for the Orange Avenue Improvement Project
from King Street to Blue Hills Drive /Mexico Way, with no required local match from the
City, which project will provide enhanced pedestrian accommodations at the intersection
of Orange Avenue and King Street by adding pedestrian signals, crosswalks, and a
refuge island, all as more fully set forth in the City Council Agenda Report dated
August 3, 2020.
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, or his designee, is hereby authorized to execute
agreements, and any modifications to such agreements, with VDOT as needed to
advance transportation projects.
4. The City of Roanoke does hereby commit to fund its local share of
preliminary engineering, right of way, and construction (as applicable) of the project
under agreement with VDOT in accordance with the project agreement's financial
documents.
303
5. 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 $2,818,704 from VDOT, for the
above mentioned project, with any such documents to be approved as to form by the
City Attorney.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC (/ Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of August, 2020.
No. 41826- 080320.
AN ORDINANCE to appropriate funding from Virginia Department of
Transportation of SMART SCALE funds for the Orange Avenue Improvements from
King Street to Blue Hills Drive /Mexico way, amending and reordaining certain sections
of the 2020 - 2021 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 2020 - 2021 Capital Projects Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from State Grant Funds 08- 530 - 9284 -9007 $ 2,818,704
Revenues
Orange Ave Improv. SMART SCALE FY21 08- 530 - 9284 -9284 2,818,704
304
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
0..40 2 �"4• yi2e &;P
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The V day of August, 2020.
No. 41827- 080320.
A RESOLUTION supporting four applications and authorizing the City Manager
to submit such applications to the Virginia Department of Transportation (VDOT) for
funds from the Smart Scale Program 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 applications for an allocation
of funds provided by VDOT from the Smart Scale Program for the projects referred to in
the City Council Agenda Report dated August 3, 2020, to this Council.
THEREFORE, BE IT RESOLVED BY THE Council of the City of Roanoke that:
1. The City Council hereby supports the applications referred to herein and
hereby authorizes the City Manager to submit such applications to VDOT for funds from
VDOT's Smart Scale Program for the following four projects, as more particularly
described in the City Council Agenda Report dated August 3, 2020:
a. Orange Avenue (Route 460) at Blue Hills Drive.
b. Orange Avenue (Route 460) at King Street.
c. Orange Avenue (Route 460) at Seibel Drive /Hickory Woods.
d. Valley View Boulevard and Aviation Drive.
305
2. The City Manager is further authorized to take such further actions and
execute such further documents, approved as to form by the City Attorney, as may be
necessary to submit the above applications and to furnish such additional information as
may be required for such applications.
APPROVED
ATTEST:
1. zt dC � yx-4-0 4e-
Cecelia F. McCoy, CMC vv
City Clerk
Sherman P. Lea, Sr.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of August, 2020.
No. 41828 - 081720.
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 $114,425.00 from the Compensation Board of
the Commonwealth of Virginia through June 30, 2021, with a local match of $75,332.00.
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.
Mm
306
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:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of August, 2020.
No. 41829- 081720.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for
the Regional Drug Prosecutor Grant, amending and reordaining certain sections of the
2020 - 2021 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 2020 -2021 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Regular Employee Salaries
35- 150 - 4522 -1002
$ 124,705
City Retirement
35- 150 - 4522 -1105
20,339
401 Health Savings Match
35- 150- 4522 -1117
1,247
FICA
35- 150 - 4522 -1120
9,540
Medical Insurance
35- 150- 4522 -1125
16,128
Dental Insurance
35- 150 - 4522 -1126
744
Life Insurance
35- 150- 4522 -1130
1,634
Disability Insurance
35- 150 - 4522 -1131
420
Telephone
35- 150- 4522 -2020
1,000
Administrative Supplies
35- 150 - 4522 -2030
4,000
Training and Development
35- 150 - 4522 -2044
4,000
Other Rental
35- 150 - 4522 -3075
6,000
Revenues
Regional Drug Prosecutor FY21 -State
35- 150 - 4522 -4522
114,425
Regional Drug Prosecutor FY21 -Local Match
35- 150 - 4522 -4523
75,332
307
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
I LM
(144jl� - `_�
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of August, 2020.
No. 41830- 081720.
A RESOLUTION accepting the donation of a playground from the Kiwanis Club
of Roanoke; and 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.
WHEREAS, the Kiwanis Club of Roanoke was chartered on January 28, 1920,
and wishes to commemorate its 100th Anniversary by donating a signature legacy gift of
an all- inclusive playground at 2730 Melrose Avenue, N. W.;
WHEREAS, it is the recommendation of the City Manager that City Council
accept the donation of the playground for the use by the public in the City in accordance
with the provisions of Section 2 -263, Code of the City of Roanoke (1979), as amended,
which provides that gifts valued in excess of $5,000 be accepted by resolution of City
Council.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. This Council hereby accepts the donation from the Kiwanis Club of
Roanoke of the Kiwanis Centennial Playground, valued at approximately $400,000, in
accordance with the recommendation contained in the City Council Agenda Report
dated August 17, 2020.
OfFee
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 Kiwanis Club of Roanoke for its generous donation of the
Kiwanis Centennial Playground as described above.
4. The City Clerk is directed to transmit a copy of this Resolution to the
Kiwanis Club of Roanoke expressing the City's appreciation for its donation.
APPROVED
ATTEST:
C'_ex� 3. vn�CAI-
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 171h day of August, 2020.
No. 41831- 081720.
AN ORDINANCE providing for the acquisition by the City of a permanent trail
easement across Roanoke Official Tax Map No. 2420205 owned by Goodwill Industries
of the Valleys, Inc. ( "Goodwill "); 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 a permanent trail easement across Roanoke
Official Tax Map No. 2420205 to accommodate the installation of a walkway and a ramp
to provide access to the Kiwanis Centennial Playground located on City owned property
bearing Official Tax Map No. 2420201, as set forth in the City Council Agenda Report
dated August 17, 2020. The City Manager is authorized to execute a deed of easement
and any other documentation necessary for the conveyance of the permanent trail
easement from Goodwill to the City. All requisite documents shall be approved as to
form by the City Attorney.
310
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.
FA'j2 a:Zo LTA =91
ATTEST:
�Z .( A,
Cecelia F. McCoy, CMC herman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of August, 2020.
No. 41833- 081720.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia 9 -1-
1 Services Board for the Public Safety Answering Point NG9 -1 -1 implementation,
amending and reordaining certain sections of the 2020 -2021 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 2020 -2021 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Fees for Professional Services
Fees for Professional Services
Telephone
Expendable Equipment ( <$5000)
Other Equipment
Revenues
PSAP NG911 FY20 –State
35- 430 - 5803 -2010
$ 4,000
35- 430 - 5803 -2010
23,804
35- 430 - 5803 -2020
19,501
35- 430 - 5803 -2035
16,000
35- 430 - 5803 -9015
150,000
35- 430 - 5803 -5803 213,305
309
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:
J. V)2,e a c. .
Cecelia F. McCoy, CMC Sherman P. Lea Sr.
Y ,
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of August, 2020.
No. 41832 - 081720.
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 $213,305
upon all the terms, provisions and conditions relating to the receipt of such funds. The
grant, which requires no local match by the City, is more particularly described in the
City Council Agenda Report dated August 17, 2020.
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.
312
2. The City Manager is further authorized to execute appropriate acquisition
documents for the above mentioned parcel(s), and such other real property interests
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 as may be required in
connection with the City's acceptance of this grant.
APPROVED
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of August, 2020.
No. 41835 - 081720.
A RESOLUTION amending, supplementing, and reordaining Resolution
No. 41827-080320 to support Smart Scale Program applications by the City of
Roanoke, Roanoke County, the Roanoke Valley Transportation Planning Organization,
and the Roanoke Valley - Alleghany Regional Commission; reaffirming the support for
four applications and the authorization of the City Manager to submit such applications
to the Virginia Department of Transportation (VDOT) for funds from the Smart Scale
Program for certain projects; and authorizing the City Manager to take certain actions in
connection with such projects.
311
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
0— J. "e-
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of August, 2020.
No. 41834- 081720.
AN ORDINANCE providing for the acquisition of real property rights needed by
the City in connection with the Stormwater Drainage Improvement Project — Memorial
Avenue, S. W. (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 fee
simple interests, permanent easements of variable length and width, temporary
easements, and such other real property interests as needed, as set forth in the City
Council Agenda Report dated August 17, 2020, for the Project, located along the
Memorial Avenue, S. W., Roanoke, Virginia corridor, 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 interests needed for the Project. All requisite
documents shall be approved as to form by the City Attorney.
313
WHEREAS, City Council adopted Resolution No. 41827 - 080320 on August 3,
2020 to support the submission of four applications for funding to VDOT under the
Smart Scale Program for (i) Orange Avenue (Route 460) at Blue Hills Drive; (ii) Orange
Avenue (Route 460) at King Street; (iii) Orange Avenue (Route 460) at Seibel
Drive /Hickory Woods; and (iv) Valley View Boulevard and Aviation Drive, and authorize
the City Manager to submit such applications, take such further actions, and execute
such further documents, approved as to form by the City Attorney, as may be necessary
to submit these applications;
WHEREAS, Roanoke County, the Roanoke Valley Transportation Planning
Organization, and the Roanoke Valley - Alleghany Regional Commission are also
submitting applications in coordination to address regional transportation needs, as
more particularly described in the City Council Agenda Report dated August 17, 2020;
WHEREAS, City Council supports local and regional projects to mitigate
congestion, promote economic development, increase accessibility, safety, and
environmental quality, as well as develop projects consistent with local land use
policies;
WHEREAS, City Council wants to specifically express its support for all proposed
Smart Scale projects located on congested Route 460 (Orange Avenue and Challenger
Avenue), a Corridor of Statewide Significance that has been the subject of two recent
studies, the U.S. 460 Arterial Preservation Program (APP), and the Strategically
Targeted Affordable Roadway Solutions Program (STARS); and
WHEREAS, City Council desires to amend, supplement, and reordain Resolution
No. 41827 - 080320 to express its support for these regional projects and reaffirm its
support for and authorization of the four applications for the City.
NOW, THEREFORE, BE IT RESOLVED BY THE Council of the City of Roanoke
that:
1. The City Council amends, supplements, and reordains Resolution No.
41827 - 080320, adopted August 3, 2020, to support the following Smart Scale Program
project for Roanoke County application:
a. Route 460 at Alternate Route 220 Intersection Improvements.
314
2. The City Council amends, supplements, and reordains Resolution
No. 41827 - 080320, adopted August 3, 2020, to support the following Smart Scale
Program projects for the Roanoke Valley Transportation Planning Organization
applications:
a. Route 460 at West Ruritan Road Intersection Improvements;
b. Route 460 Intersections from Carson Road to Huntridge Road; and
C. Orange Avenue (Route 460) Improvements from 11th Street to Gus
Nick Boulevard.
3. The City Council amends, supplements, and reordains Resolution
No. 41827 - 080320, adopted August 3, 2020, to support the following Smart Scale
Program project for the Roanoke Valley - Alleghany Regional Commission application:
a. 1 -581 at Exit 2 Interchange Improvements.
4. The City Council hereby reaffirms its support for the applications referred
to in Resolution No. 41827 - 080320 and hereby reaffirms its authorization to the City
Manager to submit such applications to VDOT for funds from VDOT's Smart Scale
Program for the following four projects, as more particularly described in the City
Council Agenda Report dated August 17, 2020:
a. Orange Avenue (Route 460) at Blue Hills Drive;
b. Orange Avenue (Route 460) at King Street;
C. Orange Avenue (Route 460) at Seibel Drive /Hickory Woods; and
d. Valley View Boulevard and Aviation Drive.
5. City Council reaffirms its authorization to the City Manager to take such
further actions and execute such further documents, approved as to form by the City
Attorney, as may be necessary to submit the above applications and to furnish such
additional information as may be required for such applications.
6. City Council directs the City Clerk to provide attested copies of Resolution
No. 41827 - 080320 and this Resolution to Dr. Ray Smoot, member of the
Commonwealth Transportation Board, State Delegate Sam Rasoul, State Delegate
Christopher Head, State Senator David Suetterlein, and State Senator John Edwards.
315
7. Resolution No. 41827 - 080320, as amended and supplemented by this
Resolution, remains in full force and effect.
8. This Resolution shall take effect upon passage.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of August, 2020.
No. 41836- 081720.
A RESOLUTION authorizing the acceptance of the Coronavirus Aid, Relief, and
Economic Security Act (CARES) funds from the United States Department of Health
and Human Services, which provides financial aid to families and businesses impacted
by the COVID -19 Coronavirus Pandemic, authorizing acceptance of the funds, and
execution of documents to obtain such funds.
WHEREAS, on March 27, 2020, President Trump signed the Coronavirus Aid,
Relief, and Economic Security Act (CARES) into law, which provides $2 trillion in
financial aid to families and businesses impacted by the COVID -19 Coronavirus
Pandemic. The CARES act created a $150 billion Coronavirus Relief Fund (CRF) for
allocations to state and local governments based on population proportions;
WHEREAS, on June 11, 2020, The City of Roanoke received $8,649,844 from
the United States Treasury, as an allocation from the CRF; and
WHEREAS, on August 12, 2020, The City of Roanoke received the second
funding of $8,649,844 from the United States Treasury, as an additional allocation from
the CRF. The requirements for this second CRF allocation are identical to the first.
These funds are to be utilized for necessary expenditures incurred due to COVID -19,
are not accounted for in the current year budget, and are incurred in the period that
began March 1, 2020, and concludes on December 30, 2020.
316
NOW, THEREFORE, BE IT RESOLVED as follows:
1. The City of Roanoke hereby accepts the CARES funding in the amount of
$8,649,844 million from the United States Department of Health and Human Services,
with no local match required from the City, all as more particularly described in the City
Council Agenda Report dated August 17, 2020.
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.
3. The City Manager is further directed to furnish such additional information
as may be required in connection with acceptance of such funding.
APPROVED
ATTEST:
&V &� Y)2 e, 14�r
4C.'wo" - X -
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of August, 2020.
No. 41837 - 081720.
AN ORDINANCE to appropriate funding from the United States Treasury for the
Coronavirus Aid, Relief, and Economic Security Act (CARES Act) — Coronavirus Relief
Fund, amending and reordaining certain sections of the 2020 -2021 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 2020 - 2021 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Coronavirus Expenses 35 -C21- 2150 -3081 $ 8,649,844
Revenues
CARES Act FY21 — General Relief 35 -C21- 2147 -2147 8,649,844
317
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Otc,cLL;- "'4- Lm-
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of August, 2020.
No. 41838- 081720.
AN ORDINANCE to appropriate funding from the Commonwealth, federal and
private grant for various educational programs, amending and reordaining certain
sections of the 2020 - 2021 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 2020 - 2021 School Grant Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Imm
QU18
APPROPRIATIONS
Teachers
302- 120-0000- 0000- 111Q- 61100- 41121 - 9-02
Coordinators
302- 120-0000- 0000- 111Q- 61100- 41124- 9-02
Classroom Aides
302- 120-0000- 0000- 111Q- 61100 - 41141 - 9-02
Supplements
302- 120-0000- 0000- 111Q- 61100- 41129- 9-02
Retiree Health Credit
302- 120-0000- 0000- 111Q- 61100- 42200- 9-02
Social Security
302- 120- 0000- 0000- 111Q- 61100- 42201 - 9-02
Virginia Retirement System
302- 120-0000- 0000- 111Q- 61100- 42202- 9-02
Health Insurance
302- 120-0000- 0000- 111Q- 61100- 42204- 9-02
Group Life Insurance
302- 120- 0000- 0000- 11110- 61100- 42205- 9-02
Professional Services
302- 120-0000- 0000- 111Q- 61100- 43311 - 9-02
Travel /Mileage
302- 120-0000- 0000- 111Q- 61100- 45551 - 9- 02
Instructional Supplies
302- 120-0000- 0000- 111Q- 61100- 46614- 9-02
Personnel
302- 170- 3000- 1160- 119Q - 61100- 41129- 3-03
Employer Benefits
302- 170-3000- 1160- 119Q - 61100- 42201 - 3-03
Student Field Trips /Transportation
302- 170- 3000- 1160- 119Q - 61100- 43343- 3-03
Professional Services Travel /Lodging
302- 170- 3000- 1160- 119Q - 61100- 45551 - 3- 03
Equipment
302- 170- 3000- 1160- 119Q - 61100- 48210- 3-03
Teachers
302- 120-0000- 0000- 121Q - 61100- 41121 - 9-02
Coordinators
302- 120- 0000- 0000- 121Q - 61100- 41124- 9-02
Supplements
302- 120- 0000- 0000- 121Q - 61100- 41129- 9-02
Retiree Health Credit
302- 120- 0000- 0000- 121Q - 61100- 42200- 9-02
Social Security
302- 120-0000- 0000- 121Q - 61100- 42201 - 9- 02
Virginia Retirement System
302- 120-0000- 0000- 121Q - 61100- 42202- 9-02
Health Insurance
302- 120-0000- 0000- 121Q - 61100- 42204- 9-02
Group Life Insurance
302- 120-0000- 0000- 121Q - 61100- 42205- 9-02
Professional Services
302- 120-0000- 0000- 121Q - 61100- 43311 - 9-02
Travel /Mileage
302- 120-0000- 0000- 121Q - 61100- 45551 - 9-02
Instructional Supplies
302- 120-0000- 0000- 121Q - 61100- 46614- 9-02
Equipment
302- 170- 3000- 1160- 306Q - 61100- 48110- 3-03
2, 233, 495.66
111,842.67
61,217.67
36, 680.00
28,050.41
178, 821.37
372,831.99
431, 784.48
28, 511.75
90,000.00
26, 000.00
132,751.00
63, 000.00
9,368.08
60, 000.00
17,000.00
304,196.03
66, 221.00
12,500.00
5,467.00
583.00
7,911.00
10,999.00
9,882.00
625.00
6,500.00
2,500.00
6,710.00
14,574.65
319
Testing and Evaluation
302- 170- 3000- 1160- 314Q - 61100- 45584- 3-03
2,629.56
Testing /Evaluation Dissemination
302- 170-3000- 1160- 315Q - 61100- 45584- 3-03
15,602.99
Juvenile Det Edu Coordinators /Instructors
302- 110-0000- 1070- 316Q - 61310- 45554- 9- 09
627,224.76
Retiree Health Credit
302- 110-0000- 1070- 316Q - 61100- 46650- 3-09
7,589.42
Social Security /FICA
302- 110-0000- 1400- 316Q - 61100- 41138- 9-09
47,982.69
Virginia Retirement System
302- 110-0000- 1400- 316Q - 61100- 42200- 9-09
101,326.09
Health /Dental Insurance
302- 110-0000- 1400- 316Q - 61100- 42201 - 9-09
94,467.20
State Group Life Insurance
302- 110-0000- 1400- 316Q - 61100- 42202- 9-09
8,404.81
Mileage
302- 110-0000- 1400- 316Q - 61100- 42204- 9-09
7,000.00
Indirect Costs
302- 110-0000- 1400- 316Q - 61100- 42205- 9- 09
37,529.00
Related Services
302- 110-0000- 1070- 316Q - 61100- 43313- 9-09
1,000.00
Instructional Supplies
302- 110-0000- 1070- 316Q - 61100- 46600- 9-09
8,300.00
Internet Services
302- 110-0000- 1070- 316Q - 61100- 45523- 9-09
11,800.00
Professional Development
302- 110-0000- 1070- 316Q - 61310- 45554- 9-09
8,500.00
Technology
302- 110-0000- 1070- 316Q - 61100- 46650- 3-09
26,300.00
Child Dev Clinics Education Coordinators
302- 110-0000- 1400- 316Q - 61100- 41138- 9-09
123,360.24
Retiree Health Credit
302- 110- 0000- 1400- 316Q - 61100- 42200- 9-09
1,492.65
Social Security /FICA
302- 110-0000- 1400- 316Q - 61100- 42201 - 9-09
9,437.02
Virginia Retirement System
302- 110-0000- 1400- 316Q - 61100- 42202- 9- 09
20,582.40
Health /Dental Insurance
302- 110-0000- 1400- 316Q - 61100- 42204- 9-09
38,903.70
State Group Life Insurance
302- 110-0000- 1400- 316Q - 61100- 42205- 9-09
1,653.02
Career & Technical Education Equipment
302- 170-3000- 1160- 317Q - 68200- 48110- 3-03
11,356.96
Testing and Evaluation
302- 170- 3000- 1160- 319Q - 61100- 45584- 3-03
4,259.71
Professional Services - William Flemng
302- 110-0000- 0390- 321P - 61210- 43381 - 3-00
453.07
Professional Services - Patrick Henry
302- 110-0000- 0400- 321P - 61210- 43381 - 3- 00
453.07
Instruction- Teacher
302- 191 - 1302- 0553- 325Q - 61100- 41121 - 3-02
185,235.00
Retiree Health Credit
302- 191 - 1302- 0553- 325Q - 61100- 42200- 3-02
721.00
Social Security
302- 191 - 1302- 0553- 325Q - 61100- 42201 - 3-02
14,169.00
Retirement -VRS
302- 191 - 1302- 0553- 325Q - 61100- 42202- 3-02
9,418.00
Health /Dental
302- 191 - 1302- 0553- 325Q - 61100- 42204- 3-02
7,387.00
Group Life Insurance
302- 191 - 1302- 0553- 325Q - 61100- 42205- 3-02
865.00
Payment of Joint Operations
302- 191 -0000- 0553 - 325Q - 61100- 47701 - 9-02
140,289.00
Bonuses
302- 110-0000- 0000- 327P- 61100- 41660- 3- 01
32,512.77
Social Security
302- 110-0000- 0000- 327P- 61100- 42201 - 3- 01
2,487.23
Teacher
302- 120- 0000- 1050- 330Q - 61100- 41121 - 9-09
42,094.00
0.5 FTE Administrative Support
302- 120- 0000- 1050- 330Q - 61410- 41151 - 9-09
24,259.50
Retiree Health Credit
302- 120-0000- 1050- 330Q - 61410- 42200- 9-09
1,427.15
Social Security
302- 120- 0000- 1050- 330Q - 61410- 42201- 9-09
5,700.31
VRS
302- 120-0000- 1050- 330Q - 61410- 42202- 9-09
11, 738.48
Heath /Dental
302- 120-0000- 1050- 330Q - 61410- 42204- 9-09
6,511.58
Group Life Insurance
302- 120- 0000- 1050- 330Q - 61410- 42205- 9-09
1,513.41
Other Professional Services
302- 120- 0000- 1050- 330Q - 61100- 43313- 3-02
1,000.00
Communicaitosn Telecommunication
302- 120-0000- 1050- 330Q - 68200- 45523- 3-02
1,000.00
Materials and Supplies
302- 120-0000- 1050- 330Q - 61310- 46601- 3-02
1,000.00
Instruction Teacher
302- 120-0000- 1000- 3340- 61100- 41121 - 9-09
375.00
Professional Other Professional Services
302- 120-0000- 1000- 334Q - 61310- 43313- 9-09
56,301.00
Travel Mileage
302- 120-0000- 1000- 334Q - 61310 - 45551 - 9-09
10,505.47
Supplement
302- 110- 1305- 0280- 3590- 61100- 41129- 3-01
4,644.68
Social Security
302- 110- 1305- 0280- 359Q - 61100- 42201- 3-01
355.32
Instructional - Supplement
302- 190- 1305- 1000- 120N - 61310- 41129- 2-08
2,600.00
Other Professional Services
302- 190- 1309- 1000- 120N - 61310- 43313- 2-08
9,866.67
Professional Food Services
302- 190- 1309- 1000- 120N - 61310- 43341- 2-08
1,600.00
Materials & Supplies Edu and Rec Sup
302- 190- 1309- 1000- 120N - 61310- 46614-2-08
2,600.00
Student Transportation
302- 140- HOME 1000- 145P - 63200- 43341- 9-08
20,000.00
Materials & Supplies Edu Resources
302- 140 - HOME 1000- 145P - 61310- 46614- 9-08
6,000.00
320
REVENUE
Federal Grant Receipts
302 - 000 - 0000 - 0000- 1110- 00000- 38027- 0-00
$
3,731,987.00
Federal Grant Receipts
302 -
000 - 0000 - 0000- 119Q - 00000-
38048- 0-00
453,564.11
Federal Grant Receipts
302 -
000 - 0000 - 0000- 121Q - 00000-
38173- 0-00
129,898.00
State Grant Receipts
302 -
000 - 0000 - 0000- 306Q - 00000-
32252- 0-00
14,574.65
State Grant Receipts
302 -
000 - 0000 - 0000- 314Q - 00000-
32349- 0-00
2,629.56
State Grant Receipts
302 -
000 - 0000 - 0000- 315Q - 00000-
32349- 0-00
15,602.99
State Grant Receipts
302 -
000 - 0000 - 0000- 3150- 00000-
32220- 0-00
1,182,853.00
State Grant Receipts
302 -
000 - 0000 - 0000- 317Q - 00000-
32252- 0-00
11,356.96
State Grant Receipts
302 -
000 - 0000 - 0000- 319Q - 00000-
32349- 0-00
4,259.71
State Grant Receipts
302 -
000 - 0000 - 0000- 321P - 00000-
32462- 0-00
906.14
State Grant Receipts
302
- 000 - 0000 - 0553- 325Q - 00000-
32272- 0-00
358,084.00
State Grant Receipts
302
- 110 - 0000 - 0000- 327P- 00000-
32400- 0-00
35,000.00
State Grant Receipts
302
- 000 - 0000 - 0000- 330Q - 00000- 32418- 0-00
96,244.43
State Grant Receipts
302
- 000 - 0000 - 0000- 334Q - 00000-
32226- 0-00
67,181.47
State Grant Receipts
302
- 000 - 0000 - 0000- 359Q - 00000-
32375- 0-00
5,000.00
Federal Grant Receipts
302
- 000 - 0000 - 0000- 120N- 00000-
38953- 0-00
16,666.67
Federal Grant Receipts
302
- 000 - 0000 - 0000- 145P- 00000-
38196- 0-00
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:
�.
Cecelia F. McCoy, CMC herman P. Lea, r.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of August, 2020.
No. 41839- 081720.
AN ORDINANCE amending and reordaining Section 2- 305(b)(3), Equity and
Empowerment Advisory Board, Division 2, Permanent Committees, Article XIV
Authorities Boards Commissions and Committees Generally, Chapter 2,
Administration, Code of the City of Roanoke (1979), as amended; establishing an
effective date; and dispensing with the second reading of this ordinance by title.
321
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Amend and reordain Section 2- 305(b)(3), Equity and Empowerment
Advisory Board, Division 2, Permanent Committees, Article XIV Authorities, Boards
Commissions and Committees Generally Chapter 2, Administration Code of the City of
Roanoke (1979), as amended, as follows:
Sec. 2 -305 Equity and Empowerment Advisory Board
(b) Purpose, Responsibility. The purpose and responsibility of the Equity
and Empowerment Advisory Board shall be as follows:
(3) Review all existing city policies, ordinances, and regulations and
recommend to city council changes in such policies, ordinances, or regulations to
eliminate the city of any policies or procedures that promote inequity or limit
empowerment.
2. The ordinance shall be effective upon passage.
3. The second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
VXe-
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
322
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of August, 2020.
No. 41840- 081720.
A RESOLUTION recognizing the accomplishments of Dr. Rita D. Bishop as
Superintendent of Roanoke City Public Schools and congratulating Dr. Bishop on her
retirement.
WHEREAS, Dr. Rita D. Bishop has served Roanoke City Public Schools as
Superintendent from August 2007 through June 30, 2020, as an exemplary leader and
advocate for the children of Roanoke;
WHEREAS, during her tenure as Superintendent, Dr. Bishop's unwavering
commitment to the education of all Roanoke children created an environment in which
our children were encouraged to excel and become productive citizens in our
community;
WHEREAS, Dr. Bishop led the effort to improve the high school graduation rate
from 59 percent to over 90 percent during her service as Superintendent through her
creativity, innovation, and passion;
WHEREAS, her initiatives, including the Community College Access Program,
the Summer Enrichment Program for children in kindergarten through the eighth grade,
and programs for the arts and music, have established a welcoming educational system
for all children;
WHEREAS, her focus on the essential infrastructure in which teachers can utilize
their talents for the benefit of their students has established state -of- the -art school
facilities throughout the Division, including two high schools;
WHEREAS, her passion for equal and equitable opportunities for all our children
created, implemented, and maintained and Equity Policy that has become a model for
school divisions throughout the Commonwealth and the Nation;
WHEREAS, Dr. Bishop's diligence and persistence in delivering a first -rate
education to all children, even in challenging financial times, created the collaborative
environment with this Council and the Roanoke community in establishing a framework
for local funding of public education in the City;
323
�s u
WHEREAS, Dr. Bishop has received numerous accolades and recognitions as
Superintendent including 2014 Virginia Superintendent of the Year, the Children's Trust
2014 Halo Award for Education, and the Martin Luther King Drum Major Award for
promoting the dream of peace, justice and unity;
WHEREAS, Dr. Bishop has worked tirelessly with City Administration in securing
national recognitions for the City, including designation as an All- America City in 2012
and 2017; and
WHEREAS, Dr. Bishop has demonstrated her commitment to the City through
her active and substantive service to numerous community and charitable organization.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that:
1. City Council hereby recognizes Dr. Rita D. Bishop for her extraordinary
and unparalleled service as Superintendent of Roanoke City Public Schools for almost
thirteen (13) years.
2. City Council congratulates Dr. Bishop on her retirement, applauds Dr.
Bishop for her accomplishments during her tenure as Superintendent, and extends its
appreciation and gratitude to Dr. Bishop for her leadership of Roanoke City Public
Schools for the benefit of our children and our community.
3. City Council directs the City Clerk to provide an attested copy of this
Resolution to Dr. Rita D. Bishop.
APPROVED
ATTEST:
cam. .4-
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
324
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of August, 2020.
No. 41841- 081720.
A RESOLUTION reappointing a Director on the Board of Directors of the
Economic Development Authority of the City of Roanoke, Virginia.
WHEREAS, the Council is advised that there is a vacancy in the position of a
Director on the Board of Directors of the Economic Development Authority of the City of
Roanoke, Virginia; and
WHEREAS, Section 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 reappointed as a Director on the Board of Directors of the
Economic Development Authority of the City of Roanoke, Virginia, for a term
commencing October 21, 2020, and expiring October 20, 2024.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC 4Serman P. Lea, S .
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of August, 2020.
No. 41842- 081720.
A RESOLUTION amending, restating, and reordaining Resolution No. 41772-
070620, adopted on July 6, 2020 to amend the schedule of regular meetings of City
Council to include the Strategic Planning Meeting for City Council.
325
WHEREAS, City Council adopted Resolution No. 41772 - 070620 on July 6, 2020,
to establish a schedule of regular meetings for City Council for the first half of the Fiscal
Year 2020 - 2021, the period of July 1, 2020 through and including December 31, 2020,
and as of July 6, 2020, the time and location of the Strategic Planning Meeting had not
been set;
WHEREAS, the City Manager desires to set the time and location of the Strategic
Planning Meeting for Thursday, August 27, 2020, beginning at 1:00 p.m., and Friday,
August 28, 2020, beginning at 9:00 a.m., at The Roanoke City Market Building, Charter
Hall, 32 Market Square, S. E., Roanoke, Virginia; and
WHEREAS, City Council desires to amend its schedule of regular meetings set
forth in Resolution No. 41722- 070620 to include the Strategic Planning Meeting.
1. Resolution 41772 - 070620 is hereby amended, restated, and reordained to
provide that the Council Strategic Planning Meeting will be held on Thursday, August 27,
2020, beginning at 1:00 p.m., and Friday, August 28, 2020, beginning at 9:00 a.m., at
The Roanoke City Market Building, Charter Hall, 32 Market Square, S. E., Roanoke,
Virginia.
2. Resolution No. 41772 - 070620, as amended, restated, and reordained by
this resolution, remains in full force and effect.
3. This resolution shall take effect upon adoption.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
326
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of August, 2020.
No. 41843- 081720.
AN ORDINANCE permanently vacating, discontinuing and closing a public right -
of -way in the City of Roanoke located on the 1800 block of Westover Avenue, S. W.,
between Winborne Street, S. W., and Watauga Street, S. W., adjacent to properties at
1801 Westover Avenue, S. W., 1805 Westover Avenue, S. W., 1809 Westover
Avenue, S. W., 1815 Westover Avenue, S. W., 1819 Westover Avenue, S. W.,
1823 Westover Avenue, S. W., 1829 Westover Avenue, S. W., 1833 Westover
Avenue, S. W., 1837 Westover Avenue, S. W., 1322 Watauga Street, S. W.,
1742 Memorial Avenue, S. W., and 1312 Winborne Street, S. W., as more particularly
described hereinafter; and dispensing with the second reading of this ordinance by title.
WHEREAS, Mimi G. Young 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 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
August 17, 2020, 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.
327
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia,
that the public right -of -way situated in the City of Roanoke, Virginia, and more
particularly described as follows:
1800 block of Westover Avenue S. W. between Winborne Street, S. W.
and Watauga Street,
S. W., adjacent to properties at 1801
Westover,
Avenue, S. W., 1805 Westover Avenue,
S. W., 1809
Westover,
Avenue, S. W., 1815
Westover Avenue,
S. W., 1819
Westover,
Avenue S. W., 1823
Westover Avenue,
S. W., 1829
Westover,
Avenue S. W., 1833
Westover Avenue,
S. W., 1837
Westover,
Avenue S. W., 1322
Watauga Street,
S. W., 1742
Memorial
Avenue, S. W., and 1312
Winborne Street,
S. W„ bearing Official Tax
Map Nos. 1330621,
1330620, 1330619, 1330618, 1330617,
1330616,
1330615, 1330614,
1330613, 1330611,
1330401, and
1330607,
respectively.
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 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.
328
BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other
conditions to the granting of the application, deliver to the Clerk of the Circuit Court of
the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where
deeds are recorded in such Clerk's Office, indexing the same in the name of the City of
Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any
other parties in interest who may so request, as Grantees, and pay such fees and
charges as are required by the Clerk to effect such recordation.
BE IT FURTHER ORDAINED that the applicant shall, upon recording a certified
copy of this ordinance with 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 will be null and void with no further action by City Council being necessary,
unless extended by the Agent for the Planning Commission for an additional six (6)
months prior to the end of the one year period.
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:
I
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of August, 2020.
No. 41844- 081720.
AN ORDINANCE authorizing the alteration and closing by barricade of certain
public right -of -way located on Deyerle Road, S. W. between Windsor Road, S. W. along
the north and heading southeasterly towards Grandin Road, S. W. for approximately
three hundred forty feet, adjacent to 3318 Windsor Road, S. W., 2334 Deyerle Road,
S.W., 3305 Grandin Road, S. W., and 2308 Barnhill Lane, S. W., in the City of Roanoke,
Virginia, as are more particularly described hereinafter, and dispensing with the second
reading of this ordinance by title.
329
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
alter and close by barricade the public right -of -way described hereinafter; and
WHEREAS, the City Planning Commission, which 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; and
WHEREAS, public hearing was held on such application by City Council on
August 17, 2020, 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; and
WHEREAS, it appearing from the foregoing that the land proprietors affected by
the requested closure by barricade of the subject public right -of -way have been properly
notified; and
WHEREAS, from all of the foregoing, City Council considers that no substantial
inconvenience will result to any individual or to the public from altering and closing by
barricade of such public right -of -way, and that such alteration will promote the safety
and welfare of those using the subject public right -of -way and the right -of -way in the
vicinity of the right -of -way to be closed.
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:
Deyerle Road, S. W. between Windsor Road, S. W. along the north and
heading southeasterly towards Grandin Road, S. W. for approximately
three hundred forty feet (340'), adjacent to 3318 Windsor Road, S. W.,
2334 Deyerle Road, S. W., 3305 Grandin Road, S. W., and 2308 Barnhill
Lane, S. W., bearing Official Tax Map Nos. 5010601, 5010604, 5020203,
and 5020206, respectively.
be, and hereby is, altered and closed by way of a barricade, as described in such
Application.
BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to
mark "Altered and Closed by Barricade" on said right -of -way on all maps and plats on
file in his office on which said rights -of -way are shown, referring to the book and page of
ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this
'' Ordinance shall be spread.
330
BE IT FURTHER ORDAINED that the City Clerk deliver to the Clerk of the Circuit
Court of the City of Roanoke, Virginia, an attested copy of this ordinance in order that
said Clerk may make proper notations, if any, of the alteration and closing by barricade
as described above on all maps and plats recorded in that office on which Deyerle
Road, SW, between Windsor Road, SW, appears.
BE IT FURTHER ORDAINED that City Council retains the authority to authorize
removal of the barricade.
BE IT FURTHER ORDAINED that if the above conditions have not been met
within a period of twelve (12) months from the date of the adoption of this ordinance,
then such ordinance will be null and void with no further action by City Council being
necessary, unless extended by the Agent for the Planning Commission for an additional
six (6) months prior to the end of the twelve (12) month period.
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
ATTEST:
CZU4�, -,�- Y-nt� P. ;6., ;
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of August, 2020.
No. 41845- 081720.
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 City of Roanoke Redevelopment and Housing Authority ( "the
Authority "), to sell to the Authority an approximately 3.0 acre parcel of City -owned
property located at 2607 Salem Turnpike, N. W., Roanoke, Virginia, designated as
Official Tax Map No. 2420206, which parcel consists of City -owned property, upon
certain terms and conditions; authorizing the City Manager to execute such further
documents and take such further actions as may be necessary to accomplish the above
matters; and dispensing with the second reading of this Ordinance by title.
332
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of August, 2020.
No. 41846- 081720.
AN ORDINANCE authorizing the City Manager to execute the necessary
documents providing for the conveyance of a parcel of City -owned property consisting
of 0.0160 acres (697 sq. ft.), more or less, bearing Official Tax Map No. 4011119, to
Upper Church, LLC, a Virginia limited liability company, upon certain terms and
conditions; and dispensing with the second reading of this Ordinance by title.
WHEREAS, a public hearing was held on August 17, 2020, pursuant to Section
15.2- 1800(B) and Section 15.2 -1813, Code of Virginia (1950), as amended, at which
hearing all parties in interest and citizens were afforded an opportunity to be heard on
such conveyance.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are hereby authorized, for and on
behalf of the City, to execute and attest, respectively, the necessary documents,
including a Contract for the Purchase and Sale of Real Property and a Special Warranty
Deed, providing for the conveyance of a parcel of City -owned property consisting of
0.0160 acres (697 sq. ft.), more or less, bearing Official Tax Map No. 4011119, to Upper
Church, LLC, a Virginia limited liability company, upon certain terms and conditions, as
more particularly stated in the City Council Agenda Report dated August 17, 2020.
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:
Cecelia F. McCoy, CMC
City Clerk
_%�� �- k�.
Sherman P. Lea, Sr.
Mayor
331
WHEREAS, a public hearing was held on August 17, 2020, pursuant to Section
15.2 -1800 and Section 15.2 -1813, Code of Virginia (1950), as amended, at which
hearing all parties in interest and citizens were afforded an opportunity to be heard on
such conveyance.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. The City Manager is hereby authorized on behalf of the City to execute a
Contract, substantially similar to the Contract attached to the City Council Agenda
Report to this Council dated August 17, 2020, to sell to the Authority an approximately
3.0 acre parcel of City -owned property located at 2607 Salem Turnpike, N. W.,
designated as Official Tax Map No. 2420206 ( "Property ") for the purchase price of
$10.00, upon certain terms and conditions, as more particularly set forth in the above -
mentioned Agenda Report.
2. The City Manager is further authorized on behalf of the City to negotiate
and execute such further documents and take such further actions related to this matter
and as may be necessary to implement, administer, and enforce the conditions and
obligations that must be met by the Authority pursuant to the Contract.
3. The form of the documents, including a Special Warranty Deed of
Conveyance reserving an easement for the Horton Park pedestrian walkway, referred to
above and in the City Council Agenda Report are to be approved by the City Attorney.
4. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this Ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
0 . ._4 vyltAai�r
Cecelia F. McCoy, CMC
City Clerk
S erman P. Lea, Sr.
Mayor
333
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of August, 2020.
No. 41847- 081720.
AN ORDINANCE authorizing the removal of the Lee Monument in Lee Plaza;
directing the City Manager to implement the procedures established by the General
Assembly to remove the Lee Monument; authorizing the City Manager to administer,
implement, and effectuate the provisions of this Ordinance; establishing an effective
date; and dispensing with the second reading of this Ordinance by title.
WHEREAS, the General Assembly enacted Chapter 1101, Virginia Acts of
Assembly, 2020 Session (the "Act ") amended Section 15.2 -1812, Code of Virginia
(1950), as amended, to authorize localities to "remove, relocate, contextualize, or cover"
monuments or memorials for the veterans of any war or conflict on the locality's public
property;
WHEREAS, the Act requires a locality to publish notice of its intent to remove,
relocate, contextualize, or cover any such monument or memorial and hold a public
hearing not less than 30 days after publication of such notice at which public hearing
interested persons may present their views;
WHEREAS, pursuant to the permission granted to the William Watts and the
Roanoke Chapters of the United Daughters of the Confederacy through the adoption of
Resolution No. 14059, adopted by City Council on May 6, 1960, to "erect and maintain
an upright granite marker, not under six feet in height, on the western end of the
Robert E. Lee Plaza, facing 3rd Street, S. W., as a memorial to General Robert E. Lee"
( "Lee Monument "), the Roanoke Chapter and the William Watts Chapter of the United
Daughters of the Confederacy erected the Lee Monument in October 1960, on public
property of the City of Roanoke situated at the 200 Block of Church Avenue, S.W.,
Roanoke, Virginia, Official Tax Map No. 1012104, named and identified as General
Robert E. Lee Plaza, also known as Lee Plaza ( "Lee Plaza ");
WHEREAS, City Council adopted Resolution No. 41794 - 070620 expressing and
setting forth its intent to remove the Lee Monument in accordance with State Code
Sections 15.2 -1812 (A) and 15.2 -1812 (B) and directed the City Manager, City Manager
and City Clerk to publish notice of intent to remove the Lee Monument from Lee Plaza,
and schedule a public hearing in Council Chamber for August 17, 2020 at 7:00 p.m., or
as soon thereafter as the matter may be reached, or at such later date and time as the
City Manager may determine, to receive comments from interested persons regarding
the removal of the Lee Monument from Lee Plaza;
334
WHEREAS, notice of intent of City Council to remove the Lee Monument from
Lee Plaza and notice of public hearing was published in The Roanoke Times on
July 13, 2020, and July 17, 2020, and the public hearing was held on August 17, 2020,
at which time all interested persons were given the opportunity to express their views on
the removal of the Lee Monument from Lee Plaza;
WHEREAS, on or about July 22, 2020, the Lee Monument was vandalized and
two segments of the Lee Monument were toppled from its pedestal;
WHEREAS, the City removed the two segments of the Lee Monument from Lee
Plaza and have stored these segments at the City Public Works Facility at 1802
Courtland Avenue, N. W., Roanoke, Virginia, pending further action by City Council; and
WHEREAS, after consideration of all comments received at the public hearing,
City Council has determined that it is appropriate and necessary that the Lee Monument
be removed from Lee Plaza.
that: NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
1. City Council authorizes the removal of the Lee Monument from Lee Plaza.
The two segments of the Lee Monument presently in storage shall remain in storage
pending completion of the process set forth in State Code Section 15.2 -1812 (B) and
this ordinance.
2. City Council directs the City Manager to implement the procedures set
forth in the Act with respect to Section 15.2 -1812 (B) and offer the Lee Monument to
any museum, historical society, government, or military battlefield for a period of 30
days following entry of this Ordinance. In the event that a museum, historical society,
government, or battlefield is willing to accept the Lee Monument, the City Manager shall
present such proposal to City Council for review and approval. In the event that no
museum, historical society, government, or military battlefield is willing to accept the Lee
Monument, then the City Manager shall submit his recommendation for removal and
final disposition of the Lee Monument to City Council for review and approval by City
Council.
3. City Council authorizes the City Manager to administer, implement, and
effectuate the provisions of this Ordinance.
4. This Ordinance shall be effective upon passage.
335
5. The second reading of this Ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
04ul,�, J.
Cecelia F. McCoy, CMC
City Clerk Sherman P. Lea, Sr.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 28th day of August, 2020.
No. 41848- 082820.
AN ORDINANCE authorizing and approving the payment of hazard pay in
recognition that certain public health and safety employees endured substantial risk
created by the COVID-19 pandemic disaster, designating the method for the payment of
such hazard pay, and dispensing with the second reading of this Ordinance by title.
WHEREAS, because of the substantial risk endured by the City's public health
and safety employees created by the COVID-19 pandemic disaster, the City would like
to award such employees hazard pay as allowed by the Coronavirus Aid, Relief, and
Economic Security Act ( "CARES Act ") for those public health and safety employees
employed by the City and Sheriff's Office between March 1, 2020 and June 30, 2020 in
the manner set forth in this ordinance; and
WHEREAS, City Council desires to recognize the risk and service these
dedicated public health and safety employees demonstrated during the COVID -19
pandemic disaster.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. - In accordance with the CARES Act, all full -time public health and safety
employees who worked for the City's Fire /EMS Department, Police Department or
Sheriff's Office between March 1, 2020 and June 30, 2020 (the Hazard Period "), shall
receive hazard pay of an additional $3.50 per hour for all hours worked during the
Hazard Period up to a maximum total payment of $2,000 on the City's September 30,
2020 pay date, such additional payment to be subject to all applicable tax withholdings.
336
2. In accordance with the CARES Act, all part -time public health and safety
employees who worked for the City's Fire /EMS Department, Police Department or
Sheriff's Office during the Hazard Period, shall receive hazard pay of an additional
$3.50 per hour for all hours worked during the Hazard Period up to a maximum total
payment of $1,000 on the City's September 30, 2020 pay date, such additional payment
to be subject to all applicable tax withholdings.
3. Public health and safety employees who work for the Fire /EMS
Department, Police Department or Sheriff's Office not eligible to receive hazard pay
under the CARES Act, may receive a one -time payment in appreciation as authorized
by City Council funded by the General Fund.
4. The second reading by title of this Ordinance is hereby dispensed with
pursuant to the provisions of Section 12 of the City Charter.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC v Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 28th day of August, 2020.
No. 41849 - 082820.
AN ORDINANCE authorizing and approving a one -time payment in appreciation
to certain City full -time employees in the amount of $1,000 each, a one -time payment to
certain City part-time employees in the amount of $500 each, and dispensing with the
second reading of this Ordinance by title.
WHEREAS, because of the economic factors cause by the COVID -19 pandemic
disaster, the City was not been able to accord its employees a pay raise for the current
fiscal year; and WHEREAS, City Council desires to reward the continued good work
and dedication of the City's employees through these difficult times.
337
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
All full -time employees who worked for the City between March 1, 2020 and
June 30, 2020, including all department directors, the City's Constitutional officers and
their employees, Court Clerks and personnel, as well as Council- appointed officers,
shall receive a payment in appreciation of their service during the COVID -19 pandemic
in the amount of $1,000 each on the City's September 30, 2020 pay date, such payment
to be subject to all applicable tax withholdings.
2. All part -time employees who worked for the City between March 1, 2020
and June 30, 2020, including all employees of the City's Constitutional officers, shall
receive a payment in appreciation of their service during the COVID-19 pandemic in the
amount of $500 each on the City's September 30, 2020 pay date, such payment to be
subject to all applicable tax withholdings.
3. Employees who work under a prorated work agreement will receive a
prorated payment in appreciation.
4. City Council, the City Manager, the Deputy City Manager, the Assistant
City Manager, members of any Boards or Commissions, poll workers, Berglund Center
event staff, and any employees authorized to receive hazard pay, shall not receive any
payment authorized by this Ordinance.
5. The second reading by title of this Ordinance is hereby dispensed with
pursuant to the provisions of Section 12 of the City Charter.
APPROVED
ATTEST:
Ot4dx;L, 1.4. V)U 40t Y,)j, �
Cecelia F. McCoy, CMC
City Clerk Sherman P. Lea, Sr.
Mayor
338
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 81" day of September, 2020.
No. 41850- 090820.
A RESOLUTION accepting the FY2021 "Four for Life" Grant for Emergency
Medical Services (EMS) made to the City of Roanoke by the Commonwealth of Virginia,
Department of Health, and authorizing execution of any required documentation on behalf
of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke does hereby accept the FY2021 "Four for Life" Grant for
Emergency Medical Services (EMS) made to the City by the Commonwealth of Virginia,
Department of Health, in the amount of $85,578, 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 September 8, 2020.
2. The City Manager is hereby authorized to execute and file, on behalf of the
City, any necessary documents to accept the grant, in a form approved by the City
Attorney.
3. The City Manager is further directed to furnish such additional information as
may be required by from the Commonwealth of Virginia, Department of Health, in
connection with the acceptance of the foregoing grant.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
339
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 8th day of September, 2020.
No. 41851- 090820.
AN ORDINANCE appropriating funding from the Virginia Department of Health
for the purpose of purchasing Emergency Medical Services (EMS) training, equipment
and supplies, amending and reordaining certain sections of the 2020 - 2021 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 2020 - 2021 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Expendable Equipment
35- 520 - 3685 -2035
$ 15,000
Training and Development
35- 520 - 3685 -2044
5,000
Vehicular Equipment
35- 520 - 3685 -9010
30,000
Other Equipment
35- 520 - 3685 -9015
15,000
Systems Development
35- 520 - 3685 -9067
20,578
Revenues
Four - For -Life Grant FY21
35- 520 - 3685 -3685
85,578
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
et44 J.
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 8th day of September, 2020.
No. 41852 - 090820.
A RESOLUTION authorizing the acceptance of the Coronavirus Aid, Relief, and
Economic Security (CARES) Act funds from The Virginia Department of Elections, which
provides financial aid to families and businesses impacted by the COVID -19 Coronavirus
Pandemic, for the City of Roanoke Board of Elections, authorizing acceptance of the
funds, and execution of documents to obtain such funds.
WHEREAS, on March 27, 2020, President Trump signed the CARES Act into law,
which provides $2 trillion in financial aid to families and businesses impacted by the
COVID -19 Coronavirus Pandemic;
WHEREAS, the CARES Act created a $150 billion Coronavirus Relief Fund (CRF)
for allocations to state and local governments based on population proportions; and
WHEREAS, on July 30, 2020, the Virginia Department of Elections awarded the
City of Roanoke Board of Elections a CARES Act grant in the amount of $82,782 to be
utilized for the additional costs associated with the national emergency related to the
coronavirus, and these funds are required to be spent in the prevention, prepartion and
response to cornonavirus for the 2020 Federal Election Cycle and are to be paid by
November 30, 2020, in advance of the federal reporting deadline of December 30, 2020.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. The City of Roanoke hereby accepts the CARES Act funding for the City of
Roanoke Board of Elections in the amount of $82,782 from The Virginia Department of
Elections, with no local match required from the City, all as more particularly described in
the City Council Agenda Report dated September 8, 2020.
2. The City Manager is hereby authorized to accept, execute, and file on behalf
of the City of Roanoke Board of Elections any and all documents required to obtain such
funding. All such documents are to be approved as to form by the City Attorney.
341
3. The City Manager is further directed to furnish such additional information as
may be required in connection with acceptance of such funding.
APPROVED
ATTEST:
e 4tdt�' j - VXt &"r 4j�� �.
Cecelia F. McCoy, CMC Sherman P. Lea, r.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 8th day of September, 2020.
No. 41853 - 090820.
AN ORDINANCE to appropriate funding from the Virginia Department of Elections
for the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) — Coronavirus
Relief Fund, amending and reordaining certain sections of the 2020 - 2021 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 2020 - 2021 Grant Fund Appropriations be, and the same are hereby, amended
and reordained to read and provide as follows:
Appropriations
Expendable Equipment ( <$5000) 35- 260- 2157 -2035 $ 10,435
Other Equipment 35- 260- 2157 -9015 69,579
Coronavirus Expenses 35- 260- 2157 -3081 2,768
Revenues
CARES Act FY21 — Elections
Offices Grant 35- 260- 2157 -2157 82,782
342
Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC
City Clerk Sherman P. Lea, Sr.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 8th day of September, 2020.
No. 41854 - 090820.
AN ORDINANCE to de- appropriate funding from the United States Treasury for the
Coronavirus Aid, Relief, and Economic Security Act (CARES Act) — Provider Relief Fund,
amending and reordaining certain sections of the 2019 - 2020 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 2019 - 2020 Grant Fund Appropriations be, and the same are hereby, amended and
reordained to read and provide as follows:
Appropriations
Coronavirus Expenses
Revenues
CARES Act FY20 — EMS Provider Relief
35 -250- 5236 -3081 $ (165,883)
35 -250- 5236 -2536 (165,883)
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
343
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 8th day of September, 2020.
No. 41855 - 090820.
AN ORDINANCE providing for the acquisition of real property rights needed by the
City in connection with the Garnand Branch at Garden City Boulevard Stream Restoration
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 fee simple
acquisitions, and such other real property interests as needed, as set forth in the City
Council Agenda Report dated September 8, 2020, for the Project, located within the
general vicinity of Garden City Boulevard and Garden City Greenway, Roanoke, Virginia,
as set forth in the above mentioned City Council Agenda Report. 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 interests 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 parcels, and such other real property interests
needed for the Project located within the floodway, 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.
344
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:
04td-,�- J. M &Y-
F. McC oy, CMC
City Clerk Sherman P. Lea, Sr.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 8th day of September, 2020.
No. 41856- 090820.
AN ORDINANCE authorizing the City Manager to execute Amendment No. 1 to
the Contract for Purchase and Sale of Real Property dated January 22, 2020 (the
"Contract ") between the City of Roanoke, Virginia (the "City"), and Roanoke Higher
Education Authority (( "RHEA"), which proposed Contract provided that the City, as the
owner of certain real property of approximately 0.2684 acres, together with improvements
thereon, situated at 23 Centre Avenue, N. W., Roanoke, Virginia, designated as Official
Tax Map No. 2013016 ( "City Parcel "); upon certain terms and conditions; authorizing the
City Manager to execute all documents necessary to perform, effectuate, administer, and
enforce the proposed Amendment No. 1 and Contract; and dispensing with the second
reading of this Ordinance by title.
WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 41657-
012120, adopted on January 21, 2020, in which Council approved the terms of the
Contract between the City and RHEA;
WHEREAS, the City and RHEA executed the Agreement which was dated
January 22, 2020;
WHEREAS, under the terms of the Contract, the Approval Period expires on
September 30, 2020;
WHEREAS, RHEA have requested an extension of time for the Approval Period,
as defined in the Contract, to complete its due diligence and inspections in form and
substance acceptable to the City and an extension of the Closing Date; and
345
WHEREAS, the City and RHEA desire to amend the Agreement to address these
matters in accordance with the terms of this Amendment No. 1.
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 September 8, 2020, which Amendment
No. 1 amends the Contract approved by City Council by Ordinance No. 41657- 012120,
adopted on January 21, 2020.
2. The City Manager is hereby authorized on behalf of the City to execute
Amendment No. 1 to the Contract, to amend certain terms of the Contract to extend the
Inspection Period to December 22, 2020, to complete the Parties due diligence review of
the Property, and extend the Closing Date to January 29, 2021, as set forth in the
aforementioned City Council Agenda Report. Amendment No. 1 to the Agreement is to
be substantially similar to the Amendment No. 1 attached to the Agenda Report.
3. The City Manager is further authorized on behalf of the City to negotiate and
execute such further documents and take such further actions related to this matter and
as may be necessary to implement, administer, and enforce the conditions and
obligations pursuant to the Contract and Amendment No. 1.
4. The form of the documents referred to above and in the Agenda Report are to
be approved by the City Attorney.
5. Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this Ordinance by title is hereby dispensed with.
ATTEST:
g-
Cecelia F. McCoy, CMC
City Clerk
APPROVED
Sherman P. Lea, Sr.
Mayor
i
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 8th day of September, 2020.
No. 41857 - 090820.
AN ORDINANCE authorizing the City Manager to execute Amendment No. 2 to
the First Reinstated Agreement for the Exchange of Real Estate between the City of
Roanoke, Virginia and Greater Roanoke Transit Company dated September 17, 2019
( "Agreement ") to provide for (i) the sale and transfer of the GRTC Relocation Parcels, as
described below, to Greater Roanoke Transit Company ( "GRTC ") from the City of
Roanoke, Virginia ( "City "), and (ii) the acquisition of Campbell Court, as described below,
by the City from GRTC; and dispensing with the second reading of this ordinance by title.
WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 41565-
091619, adopted on September 16, 2019, in which Council approved the terms of the
Agreement with the City and GRTC;
WHEREAS, the City and GRTC executed the Agreement which was dated
September 17, 2019;
WHEREAS, the City is the owner of four parcels within the City and more
particularly described as (i) 0 Salem Avenue, S. W., Roanoke, Virginia, Official Tax Map
#1010113; (ii) 325 Salem Avenue, S. W., Roanoke, Virginia, Official Tax Map #1010115;
(iii) 0 Salem Avenue, S. W., Roanoke, Virginia, Official Tax Map #1010121; and (iv) 0
Salem Avenue, S. W., Roanoke, Virginia, Official Tax Map #1010122 (collectively, the
"GRTC Relocation Parcels ");
WHEREAS, the Agreement provides for the transfer of the GRTC Relocation
Parcels from the City to GRTC in exchange for the transfer of Campbell Court, consisting
of 13 parcels within the City, together with improvements thereon, situated at 29 Campbell
Avenue, S. W., Roanoke, Virginia and 30 Salem Avenue, S. W., Roanoke, Virginia, and
bearing Official Tax Map Nos. 1011105, 1011106, 1011107, 1011108, 1011109,
1011110, 1011116, 1011117 1011118, 1011119, 1011120, 1011122, and 1011129
(collectively, "Campbell Court "), from GRTC to the City;
WHEREAS, the City and GRTC amended the Agreement by Amendment No. 1
dated June 16, 2020, approved by City Council by Ordinance No. 41755- 061520, adopted
June 15, 2020, to extend the Approval Period to September 30, 2020;
WHEREAS, all Parties have requested an extension of the Approval Period, as
defined in the Agreement, to complete their respective Approvals in form and substance
acceptable to the City and GRTC; and
347
WHEREAS, the City and GRTC desire to amend the Agreement to address these
matters in accordance with the terms of this Amendment No. 2.
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 Agreement
as set forth in the City Council Agenda Report dated September 8, 2020, which
Amendment No. 2 amends the Agreement approved by City Council by Ordinance No.
41565- 091619, adopted on September 16, 2019, and provides for certain undertakings
and obligations by the City and GRTC.
2. The City Manager is hereby authorized on behalf of the City to execute
Amendment No. 2 to the Contract, to amend certain terms of the Agreement to extend
the Approval Period to March 31, 2021, to allow for additional time for the Parties to obtain
their respective Approvals, as set forth in the aforementioned City Council Agenda
Report. Amendment No. 2 to the Agreement is to be substantially similar to the
Amendment No. 2 attached to the Agenda Report.
3. The City Manager is further authorized on behalf of the City to negotiate and
execute such further documents and take such further actions related to this matter and
as may be necessary to implement, administer, and enforce the conditions and
obligations that must be met by the City and GRTC pursuant to the Agreement and
Amendment No. 2.
4. The form of the documents referred to above and in the Agenda Report are to
be approved by the City Attorney.
5. Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this Ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
eZt `J-- "a-Al�v
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
•
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 8th day of September, 2020.
No. 41858 - 090820.
AN ORDINANCE authorizing the City Manager to execute Amendment No. 2 to
the First Reinstated Agreement for the Exchange of Real Estate between the City of
Roanoke, Virginia ( "City) and Rutherfoord Partners, LLC ( "Developer ") dated
September 17, 2019 ( "Agreement ") to provide for (i) the sale and transfer of Campbell
Court, as described below, from the City to Developer; and (ii) the acquisition of the Future
Rail Station Parcels, as described below, by the City from Developer; and dispensing with
the second reading of this ordinance by title.
WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 41568-
091619, adopted on September 16, 2019, in which Council approved the terms of the
Agreement with the City and Developer;
WHEREAS, the City and Hist:Re Partners, LLC was dated September 17, 2019, and Hist:Re Partners, LLC subsequengtly assigned which is
rights and obligations under the Agreement to Developer with the consent of the City;
WHEREAS, the Agreement provides for the transfer of Campbell Court from the
City to Developer in exchange for the transfer of the Future Rail Station Parcels from
Developer to the City;
WHEREAS, City Council adopted Ordinance No. 41754 - 061520 approving
Amendment No. 1 to the Agreement, extending the Approval Period to September 30,
2020, and the Closing Date to December 31, 2020;
WHEREAS, all Parties have requested an extension of the Approval Period, as
defined in the Agreement, to complete its Approvals in form and substance acceptable to
the City and Developer, and extend the Closing Date, as defined in the Agreement; and
WHEREAS, the City and Developer desire to amend the Agreement to address
these matters in accordance with the terms of this Amendment No. 2.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
M
349
1. City Council hereby approves the terms of Amendment No. 2 to the Agreement
as set forth in the City Council Agenda Report dated September 8, 2020, which
Amendment No. 2 amends the Agreement approved by City Council by Ordinance No.
41568- 091619, adopted on September 16, 2019, and provides for certain undertakings
and obligations by the City and Developer.
2. The City Manager is hereby authorized on behalf of the City to execute
Amendment No. 2 to the Agreement, to amend certain terms of the Agreement to extend
the Approval Period to March 31, 2021, to allow for additional time for the Parties to obtain
their respective Approvals, and extend the Closing Date, as defined in the Agreement, to
not later than June 30, 2021, as set forth in the aforementioned City Council Agenda
Report. Amendment No. 2 to the Agreement is to be substantially similar to the
Amendment No. 2 attached to the Agenda Report.
3. The City Manager is further authorized on behalf of the City to negotiate and
execute such further documents and take such further actions related to this matter and
as may be necessary to implement, administer, and enforce the conditions and
obligations that must be met by the City and Developer pursuant to the Agreement and
Amendment No. 2.
4. The form of the documents referred to above and in the Agenda Report are to
be approved by the City Attorney.
5. Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this Ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
0 .4.z< J. urn c.y
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
350
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 8th day of September, 2020.
No. 41859- 090820.
AN ORDINANCE accepting certain residual property interests conveyed from the
Commonwealth of Virginia, through the Commissioner of Highways ( "VDOT ") to the City
of Roanoke, Virginia ( "City ") remaining from Project 0000- 128- V12 -RW -202, a street
improvements project located within the corridor from Fairfax Avenue and Williamson
Road, N. W. ( "Project "); authorizing the City Manager to execute a quitclaim deed dated
February 27, 2020, from VDOT accepting such property interests on behalf of the City;
and authorizing the City Manager to sign any documents necessary to administer,
continue, enforce, and effectuate the quitclaim deed, upon certain terms and conditions,
and dispensing with the second reading of this Ordinance by title.
WHEREAS, by Resolution No. 38697- 011910, adopted by Roanoke City Council
on January 19, 2010, Roanoke City Council authorized VDOT to acquire from the City
necessary rights of way and other property interests needed by VDOT for the Project.
The Project has been completed, and VDOT desires to convey the residual rights of way,
easements and other property interests (the "Property Interests ") remaining from the
Project to the City; and
WHEREAS, VDOT has executed a quitclaim deed dated February 27, 2020,
conveying the Property Interests to the City.
NOW THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. The City hereby accepts from VDOT the Property Interests remaining from the
Project, as the Property Interests are described in the City Attorney's letter dated
September 8, 2020, to City Council and the February 27, 2020, deed attached to that
letter.
2. The City Manager is authorized to execute the February 27, 2020, quitclaim
deed from VDOT attached to the City Attorney's letter dated September 8, 2020,
conveying the residual property interests remaining from the Project to the City.
3. 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 the quitclaim deed. All such documents shall be upon form approved by
the City Attorney.
351
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-
0 zut 'a' M 1-17 4 �� R- OL �e-'
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 8th day of September, 2020.
No. 41860- 090820.
A RESOLUTION urging Lee Enterprises to establish a regional hub for design work
and copy editing for its newspapers in the Commonwealth of Virginia.
WHEREAS, since its Colonial days, America has depended on the unifying,
informative power of local journalism to establish an informed citizenry that is essential to
our democracy which cannot long endure without that informed and engaged access to
knowledge of the actions and influences that determine the wise and just conduct of
human affairs;
WHEREAS, Iowa -based Lee Enterprises has purchased ten daily newspapers
across Virginia and proposes to move all page- design work and copy editing for these ten
newspapers to corporate hubs in Madison, Wisconsin, and Munster, Indiana, thereby
eliminating dozens of jobs;
WHEREAS, communities need strong, local journalism to be strong themselves
and since the 1880s, The Roanoke Times has served the Roanoke Valley and Western
Virginia honorably and faithfully for decades with local management based here in
Virginia who were close to the action and who knew the problems and the people
involved;
WHEREAS, the local copy editors are essential players in helping the paper fulfill
its important journalistic mission and transferring the copy desk to the Midwest would
eliminate that local /regional relationship that has worked so well for more than 130 years;
352
WHEREAS, copy editors are the unseen and unsung gears that keep a good
newsroom running accurately and efficiently by ensuring the details of each story are
correct and the tone and perspective are appropriate;
WHEREAS, in performing their essential duties, copy editors serve as the
surrogates for the newspaper's readers, making sure that all questions are answered, all
missing details are added, all holes filled;
WHEREAS, local copy editors are the only ones who can do that work confidently
for a local newspaper like The Roanoke Times because local copy editors know the
places and personalities that constitute the character and history of our City and our
Region;
WHEREAS, even the best copy editors in Indiana and Wisconsin will be unable to
replicate the work of our local folks with decades of deep local and state knowledge that
provide essential news at a time when local news is more vital than ever;
WHEREAS, to undermine the capacities of the local media to gather, verify, and
faithfully distribute critical political, economic, and cultural information to the public is
ultimately to assail the vitality and reasoned engagement of a healthy and robust society
built on self - governance, and this process requires a determined staff of journalists who
are not only professionally competent but also deeply engaged participants with their
neighbors in the life of that community;
WHEREAS, copy editors at The Roanoke Times are part of the Roanoke
community who care about their community and want only the best for it;
WHEREAS, to strip away a critical function in the journalistic process, as Lee
Enterprises has proposed for The Roanoke Times and other newspapers under its
corporate control, is to imperil the connection between readers and their neighbors — the
reporters, designers, and editors who live, shop, play, and vote here while performing the
journalistic vigilance essential to every community;
WHEREAS, moving Virginia jobs out of state will require the major expense of
hiring and training new staff;
WHEREAS, the Timesland News Guild is urging the company to create a
sustainable newspaper and graphic design hub right here in the Commonwealth that
would save jobs and save Lee Enterprises the cost of new hires and training; and
WHEREAS, the Roanoke Valley is an ideal location to maintain and expand
business with a relatively low cost of doing business, a cost of living is 11 percent below
the national average, and a central location from which Lee Enterprises may serve its
customers.
353
NOW, THEREFORE, be it resolved by the Council of the City of Roanoke that:
1. City Council strongly urges Lee Enterprises to establish a regional hub for
design work and copy editing for its newspapers in the Commonwealth of Virginia using
space it currently leases in the City of Roanoke.
2. City Council directs the City Clerk to provide attested copies of this
Resolution to Lee Enterprises President and CEO Kevin Mowbray and Board of Directors
Chair Mary Junck.
APPROVED
ATTEST:
- f:l�l.GLa. �• L7�
Cecelia F. McCoy, CMC
City Clerk Sherman P. Lea, Sr.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of September, 2020.
No. 41861- 092120.
A RESOLUTION paying tribute to Elaine Bays- Murphy, Director of Cable Access
for Roanoke Valley Television, upon her retirement, and expressing to her the
appreciation of this City and its people for her exemplary service.
WHEREAS, Ms. Bays- Murphy was hired as Director of Cable Access for Roanoke
Valley Television (RVTV -3) on August 8, 1994 and continues to serve in this capacity
through her retirement on September 30, 2020;
WHEREAS, through her management of RVTV -3, Ms. Bays- Murphy has ensured
that the citizens of Roanoke have regular access to view the public meetings of the City
of Roanoke and the City of Roanoke School Board, as well as the public meetings of
County of Roanoke, Town of Vinton, and their respective school boards, and local and
regional public events;
WHEREAS, as Director, Ms. Bays- Murphy successfully balanced the needs and
priorities of the three local governments and their school systems for RVTV -3 television
programming;
354
WHEREAS, Ms. Bays- Murphy oversaw the transition to digital, remote control
cameras; and expanded staff, programming, and video production for improved, state -of-
the -art television broadcasts for the communities of the City of Roanoke, the County of
Roanoke, and the Town of Vinton;
WHEREAS, Ms. Bays- Murphy has worked with the three local governments during
franchise negotiations to strengthen the operations station, and equipment of RVTV -3 in
continuing to provide this essential public service;
WHEREAS, under her leadership, Ms. Bays- Murphy has established RVTV -3 as
an important partner in communicating essential information to our community, and
thereby enhancing the quality of life for citizens;
WHEREAS, Ms. Bays- Murphy will retire on October 1, 2020, after more than 26
years of devoted, faithful, and superb service to RVTV -3, serving the City of Roanoke,
Roanoke County, and the Town of Vinton.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. City Council adopts this means of recognizing, commending, and
applauding the more than 26 years of exemplary service provided to the City of Roanoke
and our people by Elaine Bays- Murphy.
2. City Council adopts this resolution to thank Ms. Bays- Murphy for her service
and wish her success and happiness in her retirement.
3. The City Clerk is directed to transmit an attested copy of this resolution to
Ms. Bays- Murphy.
APPROVED
ATTEST:
C
Cecelia F. McCoy, CMC�
City Clerk
Sherman P. Lea, Sr.
Mayor
355
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of September, 2020.
No. 41862- 092120.
A RESOLUTION paying tribute to Daniel J. Callaghan on the occasion of his
retirement following eight years of service with the City of Roanoke.
WHEREAS, Mr. Callaghan was born and raised in Rochester, New Hampshire,
the second child of six children;
WHEREAS, Mr. Callaghan's work ethic was evident early on when he became a
newspaper carrier at age 8, delivering the paper through the proverbial rain, sleet, and
snow at the crack of dawn;
WHEREAS, Mr. Callaghan has been working ever since — haying on a local farm,
mastering several jobs at a supermarket, welding at a factory, and even working on the
railroad, doing track maintenance in the summer during his law school years;
WHEREAS, Mr. Callaghan graduated with honors from Villanova University and
Villanova University School of Law, and began his career as a summer intern at what was
then the firm of Devine, Millimet, Stahl and Branch in Manchester, New Hampshire, now
known as Devine Millimet, where he remained for 35 years;
WHEREAS, Mr. Callaghan was mentored by the founder of the firm, the late Joe
Millimet, whose portrait, a going -away gift from the firm, hangs in his office today;
WHEREAS, while working at the firm, Mr. Callaghan was known as incredibly
hardworking and a zealous advocate for his clients, who were loyal to him because of his
dedication;
WHEREAS, always concerned with ethics, Mr. Callaghan was often referred to as
the "conscience of the firm" while working at Devine Millimet;
WHEREAS, Mr. Callaghan began working as the City Attorney for the City of
Roanoke on October 1, 2012, which he referred to as his "encore career ";
WHEREAS, in Roanoke, Mr. Callaghan continued his dedication to community
involvement through his advocacy for children and families as a board member at
Children's Trust Roanoke Valley;
356
WHEREAS, one of Mr. Callaghan's greatest joys as an attorney in Roanoke was
his participation in the Barrister Book Buddies program through the Roanoke Bar
Association; and reading to 1st and 2nd Graders in Mrs. Ragland's classes at Preston
Park Elementary were highlights in his work week;
WHEREAS, Mr. Callaghan, as City Attorney, has worked on many City projects
and efforts, with his favorites including - -the completion of the Market Garage Project,
return of passenger rail to Roanoke, and Franklin Road Bridge Project;
WHEREAS, the City of Roanoke has benefitted immensely from the expertise,
character and commitment demonstrated by Mr. Callaghan through his work as City
Attorney, which has elevated the City and citizens of Roanoke as an example of integrity,
always seeking the best for our community and the region; and
WHEREAS, Mr. Callaghan has been married for 39 years to Clare Morrill
Callaghan, and is a great father, grandfather and father -in -law, to son Christopher,
grandson Patrick, and daughter -in -law Tierney; and looks forward to spending time with
them in his retirement.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. Council adopts this Resolution to pay tribute to Daniel J. Callaghan and
recognize, commend, and applaud his service rendered to the City of Roanoke and its
people.
2. The City Clerk is directed to transmit an attested copy of this Resolution to Mr.
Callaghan.
APPROVED
ATTEST:
04UK,�, J. vniedoy,
Cecelia F. McCoy, CMC
City Clerk
"�� I !`
Sherman P. Lea, Sr.
Mayor
357
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of September, 2020.
No. 41863- 092120.
A RESOLUTION authorizing acceptance of the FY2021 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 FY2021 Fire Programs Funds Grant in the
amount of $369,665, with no local match, such Grant being more particularly described
in the City Council Agenda Report dated September 21, 2020.
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.
ATTEST: APPROVED
Cecelia F. McCoy, CMC
City Clerk S erman P. Lea, Sr.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of September, 2020.
No. 41864- 092120.
AN ORDINANCE appropriating funding from the Commonwealth of Virginia
Department of Fire Programs, amending and reordaining certain sections of the 2020 -
2021 Grant Fund Appropriations, and dispensing with the second reading by title of this
ordinance.
358
BE IT ORDAINED by the Council of the City of Roanoke that the following sections
of the 2020 - 2021 Grant Fund Appropriations be, and the same are hereby, amended
and reordained to read and provide as follows:
Appropriations
Expendable Equipment <$5,000
Training and Development
Wearing Apparel
Recruiting
Technology Maintenance Contracts
Vehicle & Equipment Supplies
Revenues
Fire Program FY21
35- 520 - 3386 -2035 $ 150,065
35- 520 - 3386 -2044
40,000
35- 520 - 3386 -2064
80,000
35- 520 - 3386 -2065
5,000
35- 520 - 3386 -2555
73,600
35- 520 - 3386 -0610
21,000
35- 520 - 3386 -3386 369,665
Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
04 .J . VY141 �-q
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of September, 2020.
No. 41865- 092120.
A RESOLUTION accepting the 2021 Virginia Department of Motor Vehicles
Highway Safety Grant 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 does hereby accept from the Commonwealth of
Virginia's Department of Motor Vehicles, the Virginia Department of Motor Vehicles
Highway Safety Grant in the amount of $200,000, to implement a citywide Speed
awareness safety media and education campaign designed to increase awareness of the
adverse effects of speeding and to decrease the incidence of speeding in the City of
359
Roanoke. The grant, which requires a 25 percent match of $50,000, by the City, is more
particularly described in the City Council Agenda Report dated September 21, 2020.
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 Virginia Department of Motor Vehicles, in connection with the
application and acceptance of the foregoing grant.
ATTEST:
APPROVED
04�G*' -,�• L' , ` i-& U
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of September, 2020.
No. 41866- 092120.
AN ORDINANCE to appropriate funding from the Virginia Department of
Transportation for Pedestrian Safety Campaign, amending and reordaining certain
sections of the 2020 - 2021 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 2020 - 2021 Grant Fund Appropriations be, and the same are hereby, amended
and reordained to read and provide as follows:
Appropriations
Fees For Professional Services 35- 530 - 3924 -2010 200,000
Revenues
DMV - FY21 PSAC 35- 530 - 3924 -3924 200,000
360
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
0_u� :2/L. yX.4- &�p z Cecelia
`'�' �
eli a F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21 st day of September, 2020.
No. 41867- 092120.
A RESOLUTION authorizing the acceptance of the 2021 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 2021 Department of Motor
Vehicles Traffic Safety (Selective Enforcement — Alcohol) Grant in the amount of $32,186,
to be used for traffic enforcement targeting alcohol impaired drivers. This grant, which
requires a $16,093 in -kind match and includes a voluntary cash match of $2,126 by the
City, is more particularly described in the City Council Agenda Report dated
September 21, 2020.
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.
361
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.
ATTEST:
APPROVED
ot'ttlz . "-4.
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21 st day of September, 2020.
No. 41868- 092120.
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 2020 - 2021 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 2020 - 2021 Grant Fund Appropriations be, and the same are hereby, amended
and reordained to read and provide as follows:
Appropriations
Overtime Wages
FICA
Training and Development
Revenues
35- 640 - 3929 -1003 27,786
35- 640 - 3929 -1120 2,126
35- 640 - 3929 -2044 4,400
DMV Alcohol Enforcement FY21 - Grant 35- 640 - 3929 -3929 32,186
DMV Alcohol Enforcement FY21 - Local 35- 640 - 3929 -3930 2,126
362
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
,A. &/�u - k �'
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of September, 2020.
No. 41869- 092120.
A RESOLUTION authorizing the acceptance of the 2021 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 2021 Department of Motor
Vehicles Traffic Safety (Selective Enforcement — Occupant Protection) Grant in the
amount of $12,738, to be used for traffic enforcement targeting occupant protection. This
grant, which requires a $6,369 in -kind match and includes a voluntary cash match of $975
by the City, is more particularly described in the City Council Agenda Report dated
September 21, 2020.
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.
363
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:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of September, 2020.
No. 41870- 092120.
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 2020 - 2021 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 2020 - 2021 Grant Fund Appropriations be, and the same are hereby, amended
and reordained to read and provide as follows:
Appropriations
Overtime Wages
FICA
Revenues
DMV Occupant Protection FY21 - Grant
DMV Occupant Protection FY21 - Local
35- 640 - 3927 -1003 12,738
35- 640 - 3927 -1120 975
35- 640 - 3927 -3927 12,738
35- 640 - 3927 -3928 975
364
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
xee'e� A-, cm� 6� C".. V, �
Cecelia F. McCoy, CMC
City Clerk Sherman P. Lea, Sr.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of September, 2020.
No. 41871- 092120.
A RESOLUTION authorizing the acceptance of the 2021 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 2021 Department of Motor
Vehicles Traffic Safety (Selective Enforcement — Speed) Grant in the amount of $25,798,
to be used for traffic enforcement targeting drivers who are speeding. This grant, which
requires a $12,899 in -kind match and includes a voluntary cash match of $1,187 by the
City, such being more particularly described in the City Council Agenda Report dated
September 21, 2020.
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.
365
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:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of September, 2020.
No. 41872 - 092120.
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 2020 - 2021 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 2020 - 2021 Grant Fund Appropriations be, and the same are hereby, amended
and reordained to read and provide as follows:
Appropriations
Overtime Wages
FICA
Revenues
DMV Speed FY21 - Grant
DMV Speed FY21 - Local
35- 640 - 3925 -1003 $ 25,798
35- 640 - 3925 -1120 1,187
35- 640 - 3925 -3925 25,798
35- 640 - 3925 -3926 1,187
366
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
cz'el'� S4�-- "
Cecelia F. McCoy, CMC V
City Clerk Sherman P. Lea, Sr. �` '
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of September, 2020.
No. 41873- 092120.
A RESOLUTION authorizing the acceptance of the 2021 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 2021 Department of Motor
Vehicles Traffic Safety (Selective Enforcement — Pedestrian Bicycle Safety) Grant in the
amount of $3,960, to be used for dealing with pedestrian and bicycle safety. This grant,
which requires a $1,980 in -kind match and a voluntary cash match of $303 by the City, is
more particularly described in the City Council Agenda Report dated September 21, 2020.
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.
367
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.
ATTEST:
APPROVED
Cecelia F. McCoy,
y° Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of September, 2020.
No. 41874- 092120.
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 2020 - 2021 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 2020 - 2021 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 FY21 - Grant
DMV Pedestrian /Bike FY21 - Local
35- 640 - 3931 -1003 $ 3,960
35- 640 - 3931 -1120 303
35- 640 - 3931 -3931 3,960
35- 640 - 3931 -3932 303
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
Cecelia F. McCoy, CMC
City Clerk Sherman P. Lea, Sr.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21 st day of September, 2020.
No. 41875 - 092120.
A RESOLUTION approving an amendment to the City of Roanoke's 2015 - 2019
Consolidated Plan, through its 2019 - 2020 Annual Plan, to reallocate a portion of the
second allotment of certain unspent Emergency Solutions Grant (ESG -CV2) funds
received by the City from the United States Department of Housing and Urban
Development (HUD) for the 2019 - 2020 Plan Year due to the COVID -19 disaster;
authorizing the City Manager or the City Manager's designee to submit such amendment
to HUD for final review and approval; and further authorizing the City Manager to execute
all necessary documents required for such amendment.
WHEREAS, in March 2020, Congress passed the Coronavirus Aid, Relief and
Economic Securities (CARES) Act, which allocated additional funds to localities for CDBG
and ESG programs to address the COVID -19 disaster, and localities were given the
option of amending their 2019 - 2020 Annual Plans to expedite their use of these funds;
WHERESAS, by Resolution No. 41753 - 061520 adopted by Roanoke City Council
on June 15, 2020, after a public comment period was advertised and a public hearing
was properly held prior to the end of the public comment period, City Council authorized
the amendment of the City's 2019 - 2020 Annual Plan to reallocate certain ESG -CV
funding made available to the City from HUD pursuant to the CARES Act to be used to
fund homeless assistance services in connection with the COVID -19 disaster;
WHEREAS, on June 9, 2020, the City received notification from HUD of the
availability of an additional allotment of ESG -CV funds (ESG -CV2) available to the City in
the amount of $894,995, a portion of which the City desires to reallocate in the amount of
$500,000 to be used to prevent, prepare for, and respond to the COVID -19 pandemic
among individuals and families who are homeless or receiving homeless assistance, and
to support additional homeless assistance and homelessness prevention activities to
mitigate the impacts of COVID-19; and
WHEREAS, a thirty (30) day public comment period was properly advertised and
a public hearing was held by City Council on September 8, 2020, prior to the end of the
comment period, as required by law for City Council to consider such amendment to the
Consolidated Plan to reallocate such ESG -CV2 grant funds.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The proposed amendment to the 2019 - 2020 Annual Plan to reallocate
CDBG and ESG -CV2 funds received by the City from HUD for the 2019 - 2020 Plan year
in the amount of $500,000 to be used to fund and homeless assistance and
homelessness prevention service activity in connection with the COVID -19 disaster, as
further set forth in the City Manager's City Council Agenda Report dated September 8,
2020, is approved.
2. The City Manager, or his designee, is hereby authorized to execute any
necessary documents pertaining to such amendment, and that may be required to accept
such funds, and to submit the amendment to the City of Roanoke's 2019 - 2020 Annual
Plan to HUD for final review and approval.
3. The City Manager is authorized to execute such subgrant agreements and
amendments with service providers as may be required pursuant to the amendment to
the 2019 - 2020 Annual Plan, and as may otherwise exceed the City Manager's authority
under Section 2 -124 of the Code of the City of Roanoke, as amended, such subgrant
agreements or amendments to be within the limits of funds provided for in such
amendment to the 2019 - 2020 Annual Plan and to be approved as to form and as to
execution by the City Attorney, all as more particularly set forth in the City Council Agenda
Report dated September 21, 2020.
APPROVED
ATTEST:
ocz/� 7
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
370
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of September, 2020.
No. 41876- 092120.
AN ORDINANCE to appropriate funding from the Department of Housing and
Urban Development (HUD) for the Emergency Solutions Grant (ESG), amending and
reordaining certain sections of the 2020 - 2021 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 2020 - 2021 Grant Fund Appropriations be, and the same are hereby, amended
and reordained to read and provide as follows:
Appropriations
ESG — Council of Community Services
ESG — Family Promise of Roanoke Valley
ESG — Legal Aid Society of Roanoke Valley
ESG — Rescue Mission Ministries
ESG — TAP (Rent & Mortgage Relief Program)
ESG — TAP (Domestic Violence Emergency Shelter)
Revenues
ESG CV -2 CARES COVID -19 FY20
ATTEST:
Cam:. 3. vwt e.�t
Cecelia F. McCoy, CMC
City Clerk
35 -E20- 5238 -5618
$ 50,000
35 -E20- 5238 -5644
15,000
35 -E20- 5238 -3822
25,000
35 -E20- 5238 -5668
120,146
35 -E20- 5238 -8173
200,197
35 -E20- 5238 -8174
89,657
35 -E20- 5238 -5238 500,000
APPROVED
Sherman P. Lea, Sr.
Mayor
371
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of September, 2020.
No. 41877 - 092120.
AN ORDINANCE amending and reordaining Section 7 -4, Electrical inspector's
right of entry; authority to disconnect current in emergencies; maximum length of service
entrance conductor, Article I, In General, of Chapter 7, Building Regulations, of the Code
of the City of Roanoke (1979), as amended, to delete a subsection no longer required by
the Uniform Statewide Building Code, and amend the title of the section to conform to the
deletion; 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 7 -4, Electrical inspector's right of entry; authority to disconnect
current in emergencies: maximum length of service entrance conductor, Article I, In
General, of Chapter 7, Building Regulations, of the Code of the City of Roanoke (1979),
as amended, is hereby amended and reordained to read and provide as follows:
Sec. 7 -4 - Electrical inspector's right of entry; authority to disconnect
current in emergencies;
2. 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:
Cecelia F. McCoy, CMC
City Clerk
r W~
Sherman P.
Mayor
�- ;C- st�-1
Lea, Sr.
372
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of September, 2020.
No. 41878- 092120.
AN ORDINANCE permitting an existing encroachment as requested by Parkside
Properties, LLP, a Virginia general partnership ( "Parkside Properties ") and dispensing
with the second reading of this Ordinance by title.
WHEREAS, Parkside Properties is the owner of the following two parcels of real
property located in the City of Roanoke: 305 Jefferson St. S. W., designated as Official
Tax Map No. 1011807 ( "Jefferson Street Parcel "), and 10 Kirk Ave. S. W., designated as
Official Tax Map No. 1011804 (Kirk Avenue Parcel ");
WHEREAS, there is an existing overhead walkway between the second -story
levels of the two parcels listed above and for which the City has granted a sixty (60) year
Lease of Air Space entered into between the City of Roanoke and Parkside Properties,
which was authorized on July 9, 1984, by Ordinance No. 27104, and recorded on
September 6, 1984, in the Roanoke City Circuit Court Clerk's Office, in Deed Book 1507
on page 1752 ( "Air Rights Lease "), and which crosses over a public right -of way alley
between the Jefferson Street Parcel and the Kirk Avenue Parcel ("Alley");
WHEREAS, along the southern side of the overhead walkway within air rights
granted Parkside Properties under the Air Rights Lease a natural gas supply line has
been attached to the exterior of the overhead walkway structure to provide natural gas
supply to the Kirk Avenue Parcel, and crosses over and encroaches upon the Alley;
WHEREAS, the Alley runs north and south between the Kirk Avenue Parcel, and
the following four parcels along Jefferson Street, S. W., described as (1) the Jefferson
Street Parcel, (2) a parcel situated at 301 Jefferson Street, S. W., designated as Official
Tax Map No. 1011805, (3) a parcel situated at 303 Jefferson St. S. W., designated as
Official Tax Map No. 1011806, and (4) a parcel situated at 307 Jefferson St. S. W.,
designated as Official Tax Map No. 1011808; and
WHEREAS, Parkside Properties seeks an encroachment permit from the City and
City staff recommends to Council that Council grant Parkside Properties the requested
encroachment permit in accordance with the terms and conditions of this Ordinance.
NOW THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. City Council hereby grants to Parkside Properties an encroachment permit
and Parkside Properties is allowed to maintain and use said encroachment over the Alley
solely for the purpose of using and maintaining a natural gas supply line attached to the
373
exterior of the south side of the second story walkway between the Jefferson Street Parcel
and the Kirk Avenue Parcel for the sole use and benefit of the Kirk Avenue Parcel.
2. Parkside Properties agrees that, in maintaining such encroachment,
Parkside Properties 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. Parkside
Properties agrees that this encroachment permit is terminable at will by the City and the
encroachment shall be removed from the air space above the Alley at any time upon
written demand of the City of Roanoke, and that such placement and removal of the
encroachment shall be at the sole cost and expense of Parkside Properties. Parkside
Properties agrees that it shall repair, restore, and replace any damage to the
encroachment, and any damage to the land, caused by the placement and removal of the
encroachment, at Parkside Properties' sole cost and expense.
3. Parkside Properties, its grantees, assigns or successors in interest, shall,
for the duration of this permit, maintain on file with the City Clerk's Office evidence of
insurance coverage in an amount not less than $1,000,000 of general liability insurance.
The certificate of insurance must list the City of Roanoke, its officers, agents, and
employees as additional insureds, and an endorsement by the insurance company
naming these parties as additional insureds must be received by the Office of the City
Clerk for the City of Roanoke, Virginia, within thirty (30) days of passage of this Ordinance.
The certificate of insurance shall state that such insurance may not be canceled or
materially altered without thirty (30) days written advance notice of such cancellation or
alteration being provided to the Risk Manager for the City of Roanoke.
4. The City Clerk shall transmit an attested copy of this Ordinance to Parkside
Properties, LLP, 2635 Turnberry Road, Salem, Virginia, 24153.
5. This Ordinance shall be in full force and effect at such time as a copy of this
Ordinance, duly signed, sealed, and acknowledged by Parkside Properties has been
admitted to record, at the cost of Parkside Properties, in the Clerk's Office of the Circuit
Court for the City of Roanoke and shall remain in effect only so long as a valid, current
certificate evidencing the insurance required in Paragraph 3 above is on file in the Office
of the City Clerk. In the event this Ordinance is not signed by Parkside Properties 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.
374
The undersigned acknowledges that it has read and understands the terms and
conditions stated above and agrees to comply with those terms and conditions.
PARKSIDE PROPERTIES LLP,
a Virginia general partnership,
Printed Name:
Title:
COMMONWEALTH OF VIRGINIA)
CITY OF ROANOKE 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
2020, by the '
Properties, LLP, a Virginia general partnership, for and on behalf of such companyrkside
My Commission expires:
ATTEST:
Cecelia F. McCoy, CMC
City Clerk
Notary Public
Registration No.
APPROVED
Sherman P. Lea, Sr.
Mayor
375
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of September, 2020.
No. 41879 - 092120.
A RESOLUTION accepting funding from the Community Foundation Serving
Western Virginia ( "Foundation ") in the amount of $50,000 to support the installation of
wayfinding signs; and authorizing the City Manager to execute a Grant Agreement
between the City of Roanoke and the Foundation, to support the installation of wayfinding
signs.
THEREFORE, BE IT RESOLVED BY THE Council of the City of Roanoke that:
1. The City Council hereby accepts the funding from the Foundation, in the
amount of $50,000 to support the installation of wayfinding signs, with a local match from
the City in the amount of $25,000, all as more fully set forth in the City Council Agenda
Report dated September 21, 2020.
2. The City Manager is authorized to execute on behalf of the City, in a form
approved by the City Attorney, a Grant Agreement ( "Agreement ") between the City and
Foundation, to support the installation of wayfinding signs, such Agreement to be
substantially similar to the Agreement attached to the above mentioned Agenda Report.
3. 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 and to furnish such additional information as may be required to accept and
use such funds.
APPROVED
ATTEST:
0Z44&Z
1%� auxvw,� T,
veo1 d'L
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
376
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21" day of September, 2020.
No. 41880 - 092120.
AN ORDINANCE to appropriate funding from the Community Catalyst Funds
through the Community Foundation Serving Western Virginia for the Regional Wayfinding
Project, amending and reordaining certain sections of the 2020 - 2021 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 2020 - 2021 Grant Fund Appropriations be, and the same are hereby, amended
and reordained to read and provide as follows:
Appropriations
Fees For Professional Service
Capital Project Contingency Fund- Local
Revenues
Regional Wayfinding Project FY20 - Grant
Pursuant to the provisions of Section 12 of the
of this ordinance by title is hereby dispensed with.
ATTEST:
APPROVED
35- 310 - 8335 -2010 $ 75,000
08- 530 - 5975 -9220 (25,000)
35- 310 - 8335 -8335 50,000
City Charter, the second reading
Ce�u" -4- vxe-doy.
Cecelia F. McCoy,
City Clerk
y' C Sherman P. Lea, Sr.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of September, 2020.
No. 41881- 092120.
AN ORDINANCE authorizing the City Manager to execute on behalf of the City a
Revocable License Agreement with Blue Ridge Literacy, for the continued use of
approximately 1800 square feet at the City's Main Library, located at 706 South Jefferson
Street, Roanoke, Virginia, which would house the Blue Ridge Literacy administrative
offices and tutoring services; authorizing the City Manager to implement, administer, and
377
enforce such Revocable License Agreement; and dispensing with the second reading of
this ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized on behalf of the City to execute a
Revocable License Agreement with Blue Ridge Literacy, for the continued use of
approximately 1800 square feet at the City's Main Library, located at 706 South Jefferson
Street, Roanoke, Virginia, which would house the Blue Ridge Literacy administrative
offices and tutoring services, all as is more particularly set forth in the City Council Agenda
Report to this Council dated September 21, 2020.
2. The term for the Revocable License Agreement shall be for one year,
beginning October 1, 2020, with four mutually agreed upon one year renewal options,
subject to being revoked by the City upon 90 days' notice to Blue Ridge Literacy.
3. The Revocable License Agreement shall be in a form approved by the City
Attorney and shall be substantially similar to the form attached to the City Council Agenda
Report to this Council dated September 21, 2020.
4. The City Manager is further authorized to take such actions and execute
such documents as may be necessary to implement, administer, and enforce such
Revocable License Agreement, with any such documents being approved as to form by
the City Attorney.
5. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
C- U� -,-4- wudo;k,
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
378
IN THE COUNCIL OF CITY OF ROANOKE, VIRGINIA,
The 21 st day of September, 2020.
No. 41882- 092120.
AN ORDINANCE accepting the proposal of Evergreen Development Co., Inc., and
the Historical Society of Western Virginia (Proponents) for the disposition of the Lee
Monument; authorizing the transfer of the Lee Monument to the Proponents; authorizing
the City Manager to take all actions necessary to implement, effectuate, administer, this
ordinance; and dispensing with the second reading of this ordinance by title.
WHEREAS, in accordance with State Code Sections 15.2 -1812 (a) and (B), City
Council adopted Resolution No. 41794- 070620 on July 6, 2020, to express the intent of
City Council to remove "an upright granite marker, not under six feet in height, on the
western end of the Robert E. Lee Plaza, facing 3rd Street, S. W., as a memorial to General
Robert E. Lee" (Lee Monument)" from public property of the City of Roanoke situated at
the 200 Block of Church Avenue, S. W., Roanoke, Virginia, Official Tax Map No. 1012104,
named and identified as General Robert E. Lee Plaza, also known as Lee Plaza (Lee
Plaza);
WHEREAS, City Council adopted Ordinance No. 41847 - 081720 on August 17,
2020 to authorize the removal of the Lee Monument from Lee Plaza;
WHEREAS, pursuant to Ordinance No. 41847 - 081729, City Council directed the
City Manager "to implement the procedures set forth in the Act with respect to Section
15.2 -1812 (B) and offer the Lee Monument to any museum, historical society,
government, or military battlefield for a period of 30 days following entry of this Ordinance,
" and "[i]n the event that a museum, historical society, government, or battlefield is willing
to accept the Lee Monument, the City Manager shall present such proposal to City
Council for review and approval;"
WHEREAS, pursuant to Ordinance No. 41847 - 081720, City Council directed the
City Manager to present his recommendation to City Council for review and approval if
no museum, historical society, government, or military battlefield is willing to accept the
Lee Monument;
WHEREAS, the Proponents submitted a proposal dated August 26, 2020
(Proposal), a copy of which Proposal is attached to the City Council Agenda Report dated
September 21, 2020, in which the Proponents expressed their willingness to accept the
Lee Monument and display the Lee Monument at Evergreen Burial Park, 1307 Summit
Avenue, S. W., Roanoke, Virginia; and
379
WHEREAS, the City Manager recommends that the City accept the Proposal and
transfer the Lee Monument to the Proponents in accordance with the Proposal, all as
more particularly set forth in the City Council Agenda Report dated September 21, 2020.
NOW, THEREFORE, BE IT ORDAINDED by the Council of the City of Roanoke
as follows:
1. The City Council accepts the Proposal for the transfer of the Lee Monument
to the Proponents as set forth in the Proposal as recommended by the City Manager in
the City Council Agenda report dated September 21, 2020.
2. The City Manager is authorized to transfer the Lee Monument to the
Proponents as set forth in the Proposal.
3. The City Manager is further authorized to take all actions necessary to
implement, effectuate, and administer this ordinance.
4. Pursuant to Section 12 of the Charter of the City of Roanoke, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
�.e.�c.Q.u� ,�-• �2�. nn
Cecelia F. McCoy, CMC
y Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of September, 2020.
No. 41883 - 092120.
AN ORDINANCE to appropriate funding from the Commonwealth, federal and
private grant for various educational programs, amending and reordaining certain
sections of the 2020 - 2021 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 2020 - 2021 School Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
APPROPRIATIONS
Teachers
Program Coordinator /Site Manager
302- 110- 1102- 0300- 123Q - 61100 - 41121 - 2 - 05
302-
$ 3 780.00
Activity Assistants
110-
1102- 0300- 123Q - 61100- 41124- 2- 05
37,715.00
7,
Social Security
302-
110-
1102- 0300- 123Q - 61100- 41141 - 2- 05
Medical /Dental
302-
110-
1102-
0300-
123Q - 61100- 42201- 2- 05
14,620.00
Professional Contracted Services
302-
110-
1102-
0300-
123Q - 61100- 42204- 2- 05
2,500.00
Professional Transportation
302-
110-
1102-
0300-
123Q - 61100- 43313- 2- 05
Miscellaneous Other
302-
110-
1102-
0300-
123Q - 61100- 43343- 2- 05
20,400.00
Educational & Recreational Supplies
302-
302-
110-
1102-
0300-
123Q - 61100- 45586- 2- 05
Personal Services
110-
1102-
0300-
123Q - 61100- 46614- 2- 05
7,600.00
Benefits
302-
110-
0000-
0000-
135Q - 61100- 41121 - 2 - 01
476,439.00
Professional Services
302-
110-
o000-
0000-
135Q - 61100- 42204- 2- 01
260,309.30
Professional Tuition
302-
110-
o000-
1000-
135Q - 61310- 43313- 9- 00
Travel Mileage
302-
110-
0000-
1000-
135Q - 61310- 43382- 0- 00
40,000.00
Travel Conventions /Education
302-
110-
o000-
0410-
135Q - 61310- 45551- 2- 00
2,000.00
Materials & Supplies
302-
110-
o000-
1000-
135Q - 61310- 45554- 0- 00
9950.13
Personal Services
302-
110-
0000-
1000-
135Q - 61310- 46601- 9- 00
Benefits
302-
110-
0000-
0000-
138Q - 61100- 41138- 9- 01
95,9010.00
Professional Development
302-
110-
0o00-
0000-
138Q - 61100- 42201- 9- 01
14,994.00
Professional Purchased Services
302 -
110 -
0000 -
1000-
1380 - 61100- 43313- 9- 01
302-
110-
o000-
1000-
138Q - 61100- 43381- 9- 01
2 1
Travel
79,840.78
Instructional Material
302-
110-
0000 -
1000-
138Q - 61310- 45551- 9- 00
18,900.00
Teachers
302-
110-
0000 -
0000-
138Q - 61100- 46630 - 9 - 01
118,068.93
Program Coordinator /Site Manager
302 -
302-
110-
1102-
0280-
139Q - 61100- 41121 - 3- 05
Activity Assistants
110-
1102-
0280-
139Q - 61100- 41124- 3- 05
37,715.00
Social Security
302-
110-
1102-
0280-
139Q - 61100- 41141 - 3- 05
29,160.00
Medical /Dental
302-
110-
1102-
0280-
1390- 61100- 42201- 3- 05
14,122.00
Professional Contracted Services
302-
110-
1102-
0280-
139Q - 61100- 42204- 3- 05
Professional Transportation
302-
110-
1102-
0280-
139Q - 61100- 43313- 3- 05
38,6309.00
Miscellaneous Other
302-
110-
1102-
0280-
139Q - 61100- 43343- 3- 05
27,710.00
Educational & Recreational Supplies
302-
302-
110- 1102-
0280-
139Q - 61100- 45586- 3- 05
1,966.00
110-
1102-
0280-
139Q - 61100- 46614- 3- 05
5,900.00
381
Teachers
302-
110-
1102-
0340-
149Q -
61100-
41121 -
2- 05
36,900.00
Program Coordinator /Site Manager
302-
110-
1102-
0340-
149Q -
61100-
41124-
2- 05
37,715.00
Activity Assistants
302-
110-
1102-
0340-
149Q -
61100-
41141 -
2- 05
33,420.00
Social Security
302-
110-
1102-
0340-
149Q -
61100-
42201 -
2- 05
14,827.00
Medical /Dental
302-
110-
1102-
0340-
149Q -
61100-
42204-
2- 05
2,500.00
Professional Contracted Services
302-
110-
1102-
0340-
149Q -
61100-
43313-
2- 05
36,102.00
Professional Transportation
302-
110-
1102-
0340-
149Q -
61100-
43343-
2- 05
20,400.00
Miscellaneous Other
302-
110-
1102-
0340-
149Q -
61100-
45586-
2- 05
1,666.00
Educational & Recreational Supplies
302-
110-
1102-
0340-
149Q -
61100-
46614-
2- 05
6,450.00
Teachers
302-
110-
1102-
0350-
142Q -
61100-
41121 -
2- 05
32,670.00
Program Coordinator /Site Manager
302-
110-
1102-
0350-
142Q -
61100-
41124-
2- 05
37,715.00
Activity Assistants
302-
110-
1102-
0350-
142Q -
61100-
41141 -
2- 05
29,340.00
Social Security
302-
110-
1102-
0350-
142Q -
61100-
42201 -
2- 05
14,190.00
Medical /Dental
302-
110-
1102-
0350-
142Q -
61100-
42204-
2- 05
2,500.00
Professional Contracted Services
302-
110-
1102-
0350-
142Q -
61100-
43313-
2- 05
37,840.00
Professional Transportation
302-
110-
1102-
0350-
142Q -
61100-
43343-
2- 05
26,770.00
Miscellaneous Other
302-
110-
1102-
0350-
142Q -
61100-
45586-
2- 05
2,239.00
Educational & Recreational Supplies
302-
110-
1102-
0350-
142Q -
61100-
46614-
2- 05
6,450.00
Supplement
302-
110-
0000-
0000-
177Q -
61100-
41129-
9- 01
237,700.00
Social Security
302-
110-
0000-
0000-
177Q -
61100-
42201-
9- 01
18,595.74
Other Professional Services
302-
110-
0000-
0000-
177Q -
61100-
43313-
9- 01
450,000.00
Transportation
302-
110-
0000-
0000-
177Q -
63200-
43343-
9- 01
3,600,000.00
Internal Printing
302-
110-
0000-
0000-
177Q -
62180-
44450-
9- 01
60,000.00
Telecommunications
302-
110-
0000-
0000-
177Q -
68100-
45501 -
9- 01
305,000.00
Instructional Supplies
302-
110-
0000-
0000-
177Q -
61100-
46614-
9- 01
307,500.00
Other Operating Supplies
302-
110-
0000-
0000-
177Q -
64100-
46615-
9- 01
281,480.00
Non- Capital Tech Hardware
302-
110-
0000-
0000-
177Q -
68200-
46650-
9- 01
580,192.00
REVENUE
Federal Grant Receipts
302-
000-
0000-
0000-
177Q -
00000-
38000-
0- 00
$ 5,840,467.74
Federal Grant Receipts
302-
000-
0000-
0340-
149Q -
00000-
38287-
0- 00
189,980.00
Federal Grant Receipts
302-
000-
0000-
0350-
142Q -
00000-
38287-
0- 00
189,714.00
Federal Grant Receipts
302-
000-
0000-
000o-
138Q -
00000-
38186-
0- 00
540,805.72
Federal Grant Receipts
302-
000-
0000-
0000-
139Q -
00000-
38287-
0- 00
189,662.00
Federal Grant Receipts
302-
000-
0000-
0000-
1350-
00000-
38367-
0- 00
880,679.20
Federal Grant Receipts
302-
000-
0000-
000o-
123Q -
00000-
38287-
0- 00
188,674.00
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:
Cecelia F. McCoy, CMC
City Clerk
Sherman P
Mayor
V•
. Lea, Sr.
382
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of September, 2020.
No. 41884- 092120.
A RESOLUTION directing the City Attorney to petition the Circuit Court to issue an
order confirming that the remaining members of City Council for the City of Roanoke are
authorized to appoint a qualified voter from the City at large within 45 days of the office
becoming vacant to fill the council seat vacated by Djuna L. Osborne for the remaining
portion of her unexpired term through December 31, 2022; as provided in Section 4,
Charter of the City of Roanoke, and Virginia Code Section 24.2 -226.
WHEREAS, Djuna L. Osborne resigned from City Council effective September 16,
2020 ( "Date of Resignation ");
WHEREAS, Ms. Osborne's term of office would have expired December 31, 2022;
WHEREAS, Virginia Code Section 24.2 -226A, states that upon receipt of the
petition, the court "shall order the special election to be held on the date of the next
general election in November." Virginia Code Section 24.2 -226A also provides that un body
less
"the vacancy occurs within 90 days of the next general election and the governing
... has not requested in its petition a different date for the election the special elect
shall be held on the date of the second such general election;" ion
WHEREAS, Ms. Osborne's Date of Resignation is within the 90 days prior to the
November 3, 2020, general election;
WHEREAS, based on the foregoing, and in the absence of action by City Council,
the next general election for Ms. Osborne's council seat would be on November 8, 2022;
WHEREAS, Virginia Code Section 24.2 -226C provides that no special election
would be held if the date of the special election would be scheduled in the year the term
of office expires and the council seat vacated by Ms. Osborne expires on December 31,
2022; and
WHEREAS, the remaining members of Council are desirous of filling Ms.
Osborne's vacancy for the balance of her term in accordance with Section 4 of the City
Charter and Virginia Code Section 24.2 -228.
383
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that
Council hereby directs the City Attorney to file a Petition for Writ of Special Election with
the Circuit Court asking that the Court issue an order confirming that the remaining
members of City Council for the City of Roanoke are authorized to appoint a qualified
voter from the City at large within 45 days of the office becoming vacant to fill the council
seat vacated by Djuna L. Osborne for the remainder of her unexpired term ending
December 31, 2022, in accordance with Section 4, Charter of the City of Roanoke, and
Virginia Code Section 24.2 -226 and Section 24.2 -228.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of September, 2020.
No. 41885- 092120.
A RESOLUTION establishing a procedure and process for the appointment to City
Council to fill the vacancy created by the resignation of Djuna L. Osborne.
WHEREAS, Djuna L. Osborne resigned as a Member of City Council effective
September 16, 2020, at 5:00 p.m.;
WHEREAS, under applicable provisions of City Charter and State Code, City
Council may either (i) petition the Circuit Court to set a special election to fill the vacancy,
or (ii) fill the vacancy for the balance of the term of office for Ms. Osborne through
December 31, 2022;
WHEREAS, a special election cannot be held at the general election on
November 3, 2020, City Council has decided to appoint a replacement for the balance of
Ms. Osborne's term; and
WHEREAS, City Council desires to establish a procedure and process for such
appointment through the engagement and participation of the public in making this
appointment.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
•
1. City Council will solicit applications from interested individuals who are
residents of the City of Roanoke and are eligible to vote within the City. Applications shall
be in the form of a written statement of interest that includes the applicant's full name,
physical place of residence within the City of Roanoke, and the identity of the voter
precinct within the City of Roanoke at which the applicant votes. All statements of interest
shall be submitted in hand to the City Clerk or submitted by email by October 1, 2020 at
4:00 p.m. The statement of interest shall also provide that the applicant will participate at
interviews before City Council on October 5, 2020, if selected by City Council for an
interview.
2. The City Clerk shall announce the names of all applicants on Friday,
October 2, 2020 at 10:00 a.m. by written notice through the City's media alert and social
media platforms. The City Clerk shall also post the names of all applicants on the City
Council webpage.
3. On October 5, 2020, at 2:00 p.m., or as soon thereafter as the matter may
be considered, City Council will announce the applicants selected for interviews. On
October 5, 2020, at 3:00 p.m., or as soon thereafter as the matter may be reached, City
Council will conduct public interviews of the applicants selected for interviews. The public writt is invited to submit proposed questions for the applicants b filin
q
en
uestions in the Office of the City Clerk by 12:00 Noon, on October 5, 2020. sQuestions
will be asked by Council Members only and Council Members may ask any such
questions as, in its discretion, it deems advisable.
4. On October 5, 2020, at 7:00 p.m., or as soon thereafter as the matter may
be reached, Council will hold a public hearing to hear the views of citizens on the
applicants who were interviewed. The public hearing will be held in the City Council
Chambers, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
Roanoke, Virginia.
5. City Council will make the appointment during the 2:00 p.m. session of City
Council on Monday, October 19, 2020.
6. City Council directs the City Clerk and the City Attorney to provide public
notice of this procedure and process by advertisement in block ad form in the Virginia
Section of The Roanoke Times on Thursday, September 24, 2020. This notice shall also
be posted on the City's website, social media platforms, and media alerts.
ATTEST: APPROVED
Cecelia F. McCoy, CMC
City Clerk Sherman P. Lea, Sr.
Mayor
385
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of September, 2020.
No. 41886- 092120.
A RESOLUTION electing and appointing Timothy R. Spencer as City Attorney for
the City of Roanoke effective October 1, 2020, and ratifying the terms and conditions of
employment offered to Mr. Spencer.
WHEREAS, the City Council desires to elect and appoint Timothy R. Spencer as
City Attorney for the City of Roanoke pursuant to the Roanoke Charter of 1952 effective
October 1, 2020; and
WHEREAS, Timothy R. Spencer has agreed to accept election and appointment
as City Attorney effective October 1, 2020;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. Timothy R. Spencer is hereby elected and appointed City Attorney effective
October 1, 2020, for a term which shall expire September 30, 2022.
2. The terms and conditions of Mr. Spencer's election and appointment as City
Attorney shall be as hereinafter set forth:
(a) The annual salary shall be $162,000 payable bi- weekly;
(b) The City shall pay on behalf of Mr. Spencer as deferred
compensation the sum of $2,000 each quarter to the City's deferred
compensation plan for Mr. Spencer's participation in said deferred
compensation plan, and the City shall execute any necessary
agreements to provide for such payment. During the first year of
employment, such amount shall be prorated based on the number of
weeks actually worked.
(c) Mr. Spencer will be eligible, as a full time employee, to participate in
the Roanoke Pension Plan in accordance with the terms of that plan;
(d) Recognizing that the job requirements of City Attorney routinely
require incurring of travel related expenses in the course of City
business, an annual salary increment of $2,500 shall be provided for
use by Mr. Spencer of a privately -owned or leased automobile in the
conduct of official City business;
(e) Mr. Spencer has been an employee of the City and he shall continue
to accrue paid leave in accordance with City policy. Use of paid leave
will be in accordance with City policy;
(f) Mr. Spencer shall continue accrue extended illness leave at a rate of
six (6) hours per month and such extended illness leave may be used
in accordance with City policy;
(g) Mr. Spencer will be eligible, as a full time employee, to participate in
the City's group medical and dental plan. The City shall pay the
employer's portion of the premium;
(h) The City will put into force on Mr. Spencer's behalf a disability
insurance policy consistent with that available to the City Manager
and other Council appointed officers;
(i) Under the City's group life insurance policies, Mr. Spencer will be
provided base coverage equal to two times his annual salary and
coverage for accidental death equal to four times his annual salary;
(j) The City will reimburse Mr. Spencer or the City will pay directly, all
direct expenses that Mr. Spencer incurs while performing duties on
behalf of the City, such reimbursement shall be in accordance the
City policy;
(k) The City will reimburse Mr. Spencer or the City will pay directly, Mr.
Spencer's annual dues associated with his membership in the
Virginia State Bar, Roanoke City Bar Association and such other
appropriate associations;
(1) Mr. Spencer will be eligible to use funds made available to the City
Attorney's Office to attend training, continuing legal education, and
other professional activities. As City Attorney, Mr. Spencer will have
control over the use of these funds to ensure that all members of the
staff maintain their requirements for licensing on an annual basis;
(►�) With respect to benefits and terms and conditions of employment not
enumerated in this resolution, Mr. Spencer shall be accorded such
benefits and shall be subject to such terms and conditions on the
same basis as other similarly situated employees of the City;
(n) The City will indemnify and hold Mr. Spencer harmless for any and
all loses, including all court costs, attorney fees and other expenses
of defense, for any and all claims, demands, suits or judgments
arising out of or related to any act or omission Mr. Spencer is alleged
to have committed if, at the time of the act or omission, Mr. Spencer
is acting within the scope of his employment provided there is no
evidence of malice or bad faith.
3. Mr. Spencer will make arrangements to qualify for office by taking the
required Oath of Office as soon as practicable.
APPROVED
ATTEST:
0 ZV1 ' • oil
P fer, �'
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of September, 2020,
No. 41887- 092120.
A RESOLUTION approving and affirming the action taken by the Greater Roanoke
Transit Company (GRTC) d /b /a Valley Metro to implement Fare Free Election Day Bus
Service for Tuesday, November 3, 2020; and authorizing the City Manager to take any
necessary action to accomplish such fare.
WHEREAS, on September 21, 2020, the GRTC Board of Directors approved and
adopted Fare Free Election Day Bus Service for Tuesday, November 3, 2020; and
WHEREAS, GRTC has requested that City Council approve and affirm such fare
pursuant to Section 34 -22(a) of the Code of the City of Roanoke (1979), as amended.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. City Council hereby approves and affirms Fare Free Election Day Bus
Service for Tuesday, November 3, 2020, as adopted by the GRTC Board of Directors on
September 21, 2020.
2. The Fare Free Election Day Bus Service shall be effective on November 3,
2020, and shall be fare free for those citizens looking to access their local polling location
in order to cast their ballot.
3. The City Manager is hereby authorized to take any necessary action to
accomplish such fare.
4. The City Clerk is directed to certify a copy of this Resolution to the General
Manager of GRTC.
ATTEST:
APPROVED
C"a',J,wt' DD
Cecelia
a F. McCoy, CMC
City Clerk Sherman P. Lea, Sr.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of September, 2020.
No. 41888 - 092120.
AN ORDINANCE authorizing the City Manager to execute the necessary
documents providing for the conveyance of a parcel of City -owned property located at 0
Lewiston Street, N. W., consisting of 1.65 acres, more or less, bearing Official Tax Map
No. 6421113, to James C. Thompson, upon certain terms and conditions; and dispensing
with the second reading of this Ordinance by title.
WHEREAS, a public hearing was held on September 21, 2020, pursuant to
Section 15.2-1800(8) and Section 5.2 -1813, Code of Virginia (1950), as amended, after
being advertised and scheduled, at which hearing all parties in interest and citizens were
afforded an opportunity to be heard on such conveyance.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are hereby authorized, for and on
behalf of the City, to execute and attest, respectively, the necessary documents providing
for the conveyance of a parcel of City -owned property consisting of 1.65 acres, more or
less, bearing Official Tax Map No. 6421113, to James C. Thompson, upon certain terms
and conditions, as more particularly stated in the City Council Agenda Report dated
September 21, 2020.
2. All documents necessary for this conveyance shall be in form approved by
the City Attorney.
K 0
we
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:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of October, 2020.
No. 41889 - 100520.
A RESOLUTION authorizing the acceptance of a grant from the FY 2020 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 2020 Edward Byrne Memorial Justice
Assistance Grant Program, in the total amount of $46,336 with (i) $27,801 to the Police
Department to support its bicycle patrol program, and (ii) $18,535 to the Roanoke City
Sheriff's Department to purchase additional facility cameras to be utilized in the Roanoke
City Jail to improve officer safety and accountability. No local match is required for this
grant; such grant being more particularly described in the City Council Agenda Report
dated October 5, 2020.
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.
ATTEST:
APPROVED
ct&T
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of October, 2020.
No. 41890 - 100520.
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 2020 - 2021 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 2020 - 2021 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 — Other Equipment
Revenues
Byrne JAG Sheriff Technology Improve FY21
Byrne JAG Police Bike Patrol FY21
35- 140 - 5932 -9015
$18,535
35- 640 - 3687 -1003
19,323
35- 640 - 3687 -1120
1,478
35- 640 - 3687 -9015
7,000
35 -140- 5932 -5932 18,535
35- 640 - 3687 -3687 27,801
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:
C- �:CcetA. �T
Celia F. McCoy, CMC v a(
Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of October, 2020.
No. 41891- 100520.
A RESOLUTION authorizing the acceptance of the State and Local Government
Financial Wellness Program Gant from Wells Fargo Foundation, 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 of the State and Local
Government Financial Wellness Program Gant from Wells Fargo Foundation in the total
amount of $50,000, no local match is required.
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.
ATTEST:
Cecelia F. McCoy, CMC
City Clerk
APPROVED
Sherman P. Lea, Sr.
Mayor
392
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of October, 2020.
No. 41892 - 100520.
AN ORDINANCE to appropriate funding from the Wells Fargo Foundation through
the International Public Management Association For Human Resources and the National
Association of State Treasurers' Foundation for the State and Local Financial Wellness
Grant Program, amending and reordaining certain sections of the 2020 - 2021 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 2020 - 2021 Grant Fund Appropriations be, and the same are hereby, amended
and reordained to read and provide as follows:
Appropriations
Fees For Professional Service
Publications and Subscriptions
Administrative Supplies
Wellness Reimbursement
Revenues
State and Local Government Financial
Wellness Grant FY21
35- 340 - 8340 -2010
$ 25,040
35- 340 - 8340 -2040
19,200
35- 340 - 8340 -2030
3,760
35- 340 - 8340 -3055
2,000
35- 340 - 8340 -8340 50,000
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:
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
393
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of October, 2020.
No. 41893 - 100520.
AN ORDINANCE to appropriate funding from the United Way of Roanoke Valley
to transition program management from Bank on Roanoke Valley to the City to improve
the financial stability of low to moderate income residents, amending and reordaining
certain sections of the 2020 - 2021 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 2020 - 2021 Grant Fund Appropriations be, and the same are hereby, amended
and reordained to read and provide as follows:
Appropriations
Salaries
35- 310 - 8331 -1002
$ 1,676
City Retirement
35- 310 - 8331 -1105
588
401H Savings
35- 310- 8331 -1117
36
FICA
35- 310 - 8331 -1120
274
Dental Insurance
35- 310 - 8331 -1126
28
Life Insurance
35- 310 - 8331 -1130
52
Health Insurance Premium HSA
35- 310 - 8331 -1185
498
Program Activities
35- 310 - 8331 -2066
12,910
Advertising
35- 310- 8331 -2015
750
Training and Development
35- 310 - 8331 -2044
438
Administrative Supplies
35- 310 - 8331 -2030
1,750
Business Meals and Travel
35- 310 - 8331 -2144
500
Revenues
Bank on Roanoke Program FY20
35- 310 - 8331 -8331
19,500
Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC
City Clerk
Qv
herman P. Lea, Sr.
Mayor
394
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of October, 2020.
No. 41894 - 100520.
AN ORDINANCE to appropriate funding from the Community Catalyst Funds
through the Community Foundation Serving Western Virginia for the Regional Wayfinding
Project, amending and reordaining certain sections of the 2020 - 2021 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 2020 - 2021 Grant Fund Appropriations be, and the same are hereby, amended
and reordained to read and provide as follows:
Appropriations
Fees For Professional Service
Capital Project Contingency Fund
Transfer to Grant Fund
Revenues
Regional Wayfinding Project FY20
Regional Wayfinding Project FY20- Local
35- 310 - 8335 -2010 $ 75,000
08- 530 - 9575 -9220 (25,000)
08- 530 - 9712 -9535 25,000
35- 310 - 8335 -8335 50,000
35- 310 - 8335 -8336 25,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
ATTEST:
C U
Cecelia F. McCoy, CMC
City Clerk
APPROVED
r
Sherm n . Lea, Sr.
Mayor
395
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of October, 2020.
No. 41895 - 101920.
AN ORDINANCE authorizing the proper City officials to execute a Local Match
Agreement supporting a Commonwealth's Development Opportunity Fund Performance
Agreement among the City of Roanoke, Virginia ( "City "), the Economic Development
Authority of the City of Roanoke, Virginia ( "EDA "), Virginia Economic Development
Partnership Authority ( "VEDP "), and ASGN Incorporated ( "ASGN "), that provides for a
grant in the amount not to exceed $150,000 subject to certain undertakings and
obligations by ASGN in connection with the creation of new jobs at ASGN's office located
at 501 South Jefferson Street, Roanoke, Virginia ; authorizing the City Manager to commit
the City's portion of the Local Grant, defined below, with the requirement that ASGN
achieve certain performance targets as described in the Local Match Agreement and to
take such actions and execute such documents as may be necessary to provide for the
implementation, administration, and enforcement of the Local Match Agreement; and
dispensing with the second reading of this Ordinance by title.
WHEREAS, the City proposes to enter into a Local Match Agreement in the
amount of $150,000 to support the Commonwealth's Development Opportunity Fund
( "COF Grant ") with Henrico County through the Virginia Economic Development
Partnership Authority ( "VEDP ") for the purpose of inducing ASGN to maintain its existing
119 positions, and to create an additional 74 net new positions by December 31, 2023,
at its Roanoke office as set forth in the City Council Agenda Report dated October 19,
2020; and
WHEREAS, the Local Match Agreement requires the City to provide Local
Incentives to ASGN Incorporated in an amount of $150,000 ( "Local Grant "), all as more
particularly set forth in the 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 Local Match Agreement among
the City, the EDA, VEDP and ASGN as set forth in the attachment to the Agenda Report,
which provides for certain undertakings and obligations by ASGN, as well as certain
undertakings by the City, the EDA, and VEDP. City Council further finds that the
economic development grant provided for by the Local Match Agreement will promote
economic development within the City and the Roanoke Region and will be of economic
benefit to the City and its citizens.
396
2. The City Manager is hereby authorized on behalf of the City to commit the City's
portion of the Local Grant and execute the Local Match Agreement among the City, the
EDA, VEDP and ASGN, upon certain terms and conditions as set forth in the Agenda
Report. The Local Match Agreement shall be substantially similar to the one attached to
such Agenda Report and in a form approved by the City Attorney. Such Local Match
Agreement will be considered by the EDA on October 21, 2020.
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 Local Match Agreement, including, without limitation, delivering the
Local Grant to ASGN in accordance with the Local Match Agreement. Such other
documents 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.
ATTEST: APPROVED
04u,";U ,,4• dot
Cecelia
elia F. McCoy, CMC ^ Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19t' day of October, 2020.
No. 41896- 101920.
AN ORDINANCE authorizing the proper City officials to execute an Economic
Development Job Grant Performance Agreement ( "Performance Agreement ") among the
City of Roanoke, Virginia (the "City "), the Economic Development Authority of the City of
Roanoke, Virginia (the "EDA "), and ASGN Incorporated ( "ASGN "), that provides for a
grant in the amount of $150,000 subject to certain undertakings and obligations by the
parties in connection with the creation of new jobs at ASGN's office located at 501 South
Jefferson Street, Roanoke, Virginia; 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, the City has agreed to support, along with the City of Virginia Beach
and Henrico County, a Commonwealth's Development Opportunity Fund (a "COF Grant ")
through the Virginia Economic Development Partnership Authority ( "VEDP ") for the
purpose of inducing ASGN to relocate its headquarters to Henrico County and create and
397
Maintain New Jobs in its current facilities located in Virginia Beach and the City, as well
as other locations in the Commonwealth, as set forth in the City Council Agenda Report
dated October 19, 2020;
WHEREAS, the City and the EDA have determined to make a combined grant in
the amount of $150,000 (the "Local Grant ") as support to the COF Grant and inducement
for ASGN to expand its operations in the City, and thereby creating and Maintaining a
significant number of New Jobs, as defined in the Performance Agreement;
WHEREAS, the City is willing to provide the support to the COF Grant by providing
one -half of the Local Grant to the EDA with the expectation that the EDA will match the
City's one -half of the Local Grant and distribute to ASGN, provided that ASGN promises
to meet certain criteria relating to the creation and Maintenance of New Jobs;
WHEREAS, ASGN agrees to create and Maintain 74 New Jobs at an office facility
in the City of Roanoke, Virginia ( "Facility "); and provide an average annual wage,
excluding benefits, of at least $103,894;
WHEREAS, City staff has advised Council that the creation and Maintenance of
New Jobs will benefit economic development within the City and the Roanoke Region,
and the creation and Maintenance of New Jobs 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 ASGN to create and Maintain
New Jobs 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 Economic Development Job
Grant Performance Agreement among the City, the EDA, and ASGN (the "Performance
Agreement "), as set forth in the attachment to the Agenda Report, which provides for
certain undertakings and obligations by ASGN, 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.
r....m 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.
Adult Ed Teacher
Social Security
302-
160-
0000-
1305-
353Q
- 61100 -
41121 -
9-
07
27,868.00 ..144
Teachers
302-
160-
0000 -
1305-
353Q
- 61100 -
42201
9-
07
2,132.00
Social Security
302-
160-
0000-
'1305
355Q -
61100-
41121 -
9-
07
18,579.00 49
Technology and Hardware
302-
Additions
160-
0000-
1305
355Q -
61100-
42201 -
9-
07
1,421.00
302-
120-
0000-
0390-
754Q -
68200-
48210-
3 -
02
1,755.12
REVENUE
Local Match
Federal Grant Receipts
302-
160-
LMAT -
0000-
101Q-
00000-
72000 -
0 -
00
$ 28,411.00
Federal Grant Receipts
302-
000-
0000-
0000 -
101Q -
00000-
38002-
0-
00
160,000.00
Federal Grant Receipts
302-
000-
0000-
0000-
120Q -
00000-
38953-
0-
00
13,500.00
Federal Grant Receipts
302-
000-
0000-
0000-
132Q -
00000-
38010-
0-
00
7,194,307.41
Federal Grant Receipts
302-
000-
0000-
0420 -
141Q -
00000-
38287-
o-
00
198,485.00
State Grant Receipts
302-
000-
0000-
0000-
178Q -
00000 -
38379-
0-
00
1,715,000.00
State Grant Receipts
302-
000-
0000 -
0000-
353Q -
00000-
32298-
0-
00
30,000.00
Local /Other Re\,enue
302-
000-
000o-
0000 -
355Q -
00000-
32298-
0-
00
20,000.00
302-
000-
0000 -
0000-
754Q -
00000-
33832-
0-
00
1,755.12
Pursuant to
the provisions of Section 12
of
the City Charter, the second
reading
of
this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of October, 2020.
No. 41899 - 101920.
AN ORDINANCE permanently vacating, discontinuing and closing a public right -
of -way in the City of Roanoke located on 708 and 712 Arbutus Avenue, S. E., as more
particularly described hereinafter; and dispensing with the second reading of this
ordinance by title.
WHEREAS, Elizabeth C. Barbour and Lilla Szakacs 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 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;
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WHEREAS, a public hearing was held on such application by City Council on
October 19, 2020, 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:
1. The public right -of -way situated in the City of Roanoke, Virginia, and more
particularly described as follows:
Undeveloped 10 foot wide alleyway extending approximately 135 feet from
Arbutus Avenue, S. E., to the Roanoke River, adjacent to Official Tax Map
Nos. 4160302, 4160303, 4160302R, and 4160303R. The platted alley runs
between 708 Arbutus Avenue, S. E., and 712 Arbutus Avenue, S. E., and
continues across the Roanoke River Greenway bisecting two City owned
parcels.
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.
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2. 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. Such plat shall combine all properties, including the two -city owned
properties, which would otherwise dispose of the land within the right -of -way to be
vacated, as it extends from Arbutus Avenue S. E. to the Roanoke River, in a manner
consistent with law, and retain appropriate easements for the installation and
maintenance of any and all existing utilities that may be located within the right -of -way,
including the right of ingress and egress.
3. Upon meeting all conditions to the granting of the application, the applicant
shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit
Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke,
Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties
in interest who may so request, as Grantees. The applicant shall pay such fees and
charges as are required by the Clerk to effect such recordation.
4. Upon recording a certified copy of this ordinance with the Clerk of the Circuit
Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the
City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has
occurred.
5. If the above conditions have not been met within a period of twelve (12) months
from the date of the adoption of this ordinance, then such ordinance will be null and void
with no further action by City Council being necessary, unless extended by the Agent for
the Planning Commission for an additional six (6) months prior to the end of the twelve
(12) month period.
6. The City Manager is authorized to sign the plat required by Paragraph 2 above,
as necessary.
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:
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of October, 2020.
No. 41900 - 101920.
AN ORDINANCE to rezone certain properties located at 3402 and 3410 Avenham
Avenue, S. W., and 562 Dillard Road, S. W., from R -12, Residential Single - Family District,
to MXPUD, Mixed Use Planned Unit Development District, subject to a certain condition
proffered by the applicant; and dispensing with the second reading of this ordinance by
title.
WHEREAS, Alexander Boone, on behalf of ABRE Holdings, Inc., has made
application to the Council of the City of Roanoke, Virginia ( "City Council "), to have the
property located at 3402 and 3410 Avenham Avenue, S. W., bearing Official Tax Map
Nos. 1090440 and 1090456, respectively, and 562 Dillard Road, S. W., bearing Official
Tax Map No. 1090441, rezoned from R -12, Residential Single - Family District, to MXPUD,
Mixed Use Planned Unit Development District, subject to a certain condition;
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by Section 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, 2020, after due and timely notice thereof as required by Section
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. 1090440 and 1090456, located at 3402
and 3410 Avenham Avenue, S. W., respectively, and Tax Map No. 1090441 located at
562 Dillard Road, S. W., be and are hereby REZONED from R -12, Residential Single -
Family District, to MXPUD, Mixed Use Planned Unit Development District, subject to
certain conditions proffered by the applicant, as set forth in the Zoning Amendment,
Amended Application No. 2, dated September 25, 2020.
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
CZUA , J. L/ &-64L#-
G c 64j�' -
Cecelia F. McCoy, CMC (/ Sherman P
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of October, 2020.
No. 41901 - 101920.
Lea, Sr.
AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended,
by adding Chapter 32.3, Commercial Property Assessed Clean Energy (C PACE)
Financing Program; establishing an effective date; and dispensing with the second
reading of this ordinance.
WHEREAS, pursuant to Section 15.2- 958.3, Code of Virginia (1950), as amended,
localities may adopt an ordinance "to provide loans for the initial acquisition and
installation of clean energy, resiliency, or stormwater management improvements" for
existing properties and new construction within the locality, and that private lending
institutions may participate in such program;
WHEREAS, the purpose of this program is to promote and encourage the
renovation and construction of commercial, non - profit, and certain multifamily buildings
and structures with the incorporation of renewable energy production and distribution
facilities, energy usage efficiency improvements, or water usage efficiency improvement
through this program;
WHEREAS, the establishment of a program for financing clean energy programs
pursuant to Section 15.2 -958.3 of State Code supports and enhances the goals and
objectives of the City's sustainability programs through the renovation, retrofit, or
rehabilitation of existing buildings with qualifying clean energy improvements or the
development and construction of new buildings that include qualifying energy efficient
features;
WHEREAS, pursuant to Section 15.2- 958.3(F) of State Code, City Council
conducted a properly advertised public hearing on October 19, 2020, at which public
hearing all interested persons were given the opportunity to express their positions
regarding the adoption of this program; and
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WHEREAS, after consideration of all comments made at the public hearing, and
all information set forth in the City council Agenda Report dated October 19, 2020, City
Council finds that adoption of this program promotes the general health and welfare of
the community.
NOW THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. The Code of the City of Roanoke (1979), as amended, is amended by
adding a new Chapter 32.3, Commercial Property Assessed Clean Energy (C -PACE)
Financing Program; as follows:
Chapter 32.3 — COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY (C -PACE)
FINANCING PROGRAM
Sec. 32.3 -1. Purpose and Creation of C -PACE Financing Program
A. Pursuant to the C -PACE Act, any Virginia locality may enact an ordinance
authorizing a C -PACE program to provide C -PACE loans for the initial acquisition and
installation of eligible clean energy, resiliency, and /or stormwater management
improvements with willing owners of qualifying properties, which may include renovations
to existing properties or new construction. Each C -PACE loan shall be secured by a
voluntary special assessment lien on the property that is the subject of the C -PACE loan.
C -PACE loans shall be repaid in installment payments, which shall be due and payable
in accordance with the C -PACE program guidelines and financing documents.
B. After due consideration, the City Council hereby determines that the
promotion and development of a C -PACE program will enhance the renovation of existing
buildings and foster the construction of new buildings with energy and /or water efficiency,
renewable energy, resiliency and /or storm water management features, resulting in
economic growth in the City and the region. The adoption of an ordinance creating a City
C -PACE program is in the public interest and fulfills multiple public purposes.
C. Therefore, the purpose of this chapter is to create the "Roanoke Commercial
Property Assessed Clean Energy (C -PACE) Financing Program," in accordance with the
C -PACE Act, which shall operate in accordance with the provisions of this Ordinance and
the C -PACE Act.
Sec. 32.3 -2. Definitions
1. "Amortization Schedule" means an amortization schedule of C -PACE
Payments necessary to repay the C -PACE Loan, which is attached to the C -PACE
Certificate.
2. "Borrower" means (i) a person as defined in Section 1 -230 of State Code
including a non - profit entity) that is an owner of a Property, which voluntarily obtains a
C-PACE Loan under the Program resulting in a C-PACE Assessment being levied on the
tax records of a Property and a C -PACE Lien being recorded on a Property, or (ii) a
successor in title to Borrower.
3. "Borrower Certification" means a notarized certificate from Borrower,
certifying that (i) Borrower is current on payments on loans secured by a mortgage or
deed of trust lien on the Property and on Real Estate Tax payments, (ii) that the Borrower
is not insolvent or in bankruptcy proceedings and (iii) that the title of the Property is not
in dispute as evidenced by a title report or title insurance commitment from a title
insurance company acceptable to Program Administrator and Capital Provider.
4. "C- PACE" means Commercial Property Assessed Clean Energy.
5. "C -PACE Act" means Virginia's clean energy financing law, codified at
Section 15.2 -958.3 of State Code.
6. "C -PACE Agreement" means the C-PACE Assessment and Financing
Agreement executed by Borrower Capital Provider, and the City, which establishes the
terms, conditions responsibilities and obligations of each party in connection with the C-
PACE Loan a form of which C -PACE Agreement is attached to this Ordinance
7. "C -PACE Amendment" means an Amendment to Levy and Lien of C -PACE
Assessment executed by Ca ital Provider without consent from Borrower, as Permitted
in the C -PACE Documents which C -PACE Amendment shall be recorded in the Clerk's
Office to evidence each amendment to the C -PACE Loan and C -PACE Lien a form of
which C -PACE Amendment is attached to the C -PACE Agreement.
8. "C -PACE Assessment" means a voluntary, special assessment in the C-
PACE Loan Amount levied against a Property at a Borrower's request to cover the debt
service and any fees of a C -PACE Loan
9. "C -PACE Assignment" means an Assignment of Levy and Lien of C-PACE
Assessment executed by Capital Provider from time to time which shall be recorded in
the Clerk's Office to evidence Ca ital Provider's assignment of the C -PACE Loan and C-
PACE Lien, a form of which C -PACE Assignment is attached to the C -PACE Agreement
10. "C -PACE Certificate" means a Certificate of Levy and Lien of C -PACE
Assessment, which shall (i) be executed by Borrower Capital Provider, and the City, (ii)
include an Amortization Schedule (iii) include a Borrower Certification and (iv) be
recorded in the Clerk's Office to evidence the C -PACE Loan and C -PACE Lien a form of
which C -PACE Certificate is attached to the C -PACE Agreement.
407
11. "C -PACE Documents" means the C -PACE Agreement, C -PACE Note, C-
PACE Certificate C -PACE Assignment (if any), C -PACE Amendment (if any), and such
other documents as determined by Capital Provider.
12. "C -PACE Expenses" means construction, development and consulting
costs directly related to a C -PACE Loan including without limitation, the cost of labor,
materials machinery, equipment, plans, specifications, due diligence studies, consulting
services (e.g. , engineering energy, financial and /or legal expenses), Program fees, C-
PACE Loan fees capitalized interest, interest reserves and /or C -PACE transaction
underwriting and closing costs.
13. "C -PACE Lien" means the voluntary, special assessment lien levied against
the Property as security for the C -PACE Loan, which (i) is pari passu (i.e., of equal priority)
with the City Real Estate Tax lien, (ii) as to the current C -PACE Payment that is due and
any Delinquent C -PACE Payments, is senior to (a) all other special assessment liens,
and (b) all previously recorded senior liens, provided a Lender Consent is recorded for
each such senior lien; (iii) shall run with title to the Property and shall not be extinguished
by a foreclosure; and (iv) is secured by the C -PACE Certificate, as may be amended and
assianed from time to time in accordance with this Ordinance and the C -PACE
Documents.
14. "C -PACE Loan" means a loan made under the Program by a Capital
Provider to a Borrower to finance Eligible Improvements to a Property in accordance with
the C -PACE Act, this Ordinance, the C -PACE Documents, and the Program Guidelines.
15. T -PACE Loan Amount' means the aggregate amount of a C -PACE Loan,
inclusive of principal, interest, and any financed fees, costs, and /or expenses (including
C -PACE Expenses), as provided in the Loan Documents.
16. "C -PACE Note" means a promissory note executed by Borrower made
payable to Capital Provider in the original principal amount of the C -PACE Loan, including
without limitation, any and all modifications, restructurings, extensions, consolidations,
amendments and /or assianments thereof, a form of which C -PACE Note is attached to
the C -PACE Agreement.
17. "C -PACE Payments" means the periodic, installment payments of the C-
PACE Loan, due and payable by Borrower to Capital Provider to repay the C -PACE Loan
in such amounts and at such times as described in the C -PACE Agreement, the C -PACE
Certificate, the Amortization Schedule, and the C -PACE Amendments (if any).
18. "Caaital Provider" means (i) a third party capital provider that has been
approved by Program Administrator in accordance with the Program Guidelines to
originate a C -PACE Loan, or (ii) the current holder of a C -PACE Loan.
19. "City" means the City of Roanoke, Virginia, which includes the City
treasurer, assessor or other City officials that levy, assess, collect and /or enforce taxes
(including Real Estate Tax) for the City.
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20. "City Code" means the Code of the City of Roanoke (1979) as amended
to date and as it may be hereafter amended
21. "Clerk's Office" means the Clerk's Office of the Circuit Court of the City of
Roanoke Virginia
22. "Delinquent C -PACE Payment" means any C -PACE Payment that was not
paid by Borrower when due which shall include without limitation all accrued interest
late fees, and penalties incurred pursuant to the C PACE Documents.
23. "DMME" means the Virginia Department of Mines. Minerals and Energy.
24. "DMME Guidelines" means the Uniform Statewide Financial underwriting
Guidelines for C -PACE Loans issued on December 1 2. 015, by the PACE Stakeholder
Committee organized by DMME
25. "Eligible Improvement" means any improvement, renovation addition
construction installation modification of or to a Property or a building located on a
Property if designed to (i) facilitate renewable energy production and distribution (ii)
reduce energy consumption (iii) reduce water consumption, and /or (iv) facilitate resiliency
and /or stormwater management which Eligible Improvements include without limitation
the types of Eligible Improvements listed in Section 32.3-3 below. .
26. "Lender Consent" means a written Lender Consent and Subordination
Agreement executed by each mort a e or deed of trust lienholder with a lien on the
Property that is the subiect of a C -PACE Loan which allows the C -PACE Lien to have
senior priority over the mortgage or deed of trust liens
27. "PACE" means Property Assessed Clean Energy.
28. "Program" means the City C PACE financing program established to
provide C -PACE Loans to Borrowers in accordance with the C -PACE Act this chapter,
the C -PACE Documents and the Program Guidelines
29. "Program Administrator" means (i) an independent third party (authorized
by written contract with the City) or (ii) a designated City official, which in either (i) or (ii)
above, possesses the authority to administer the Program as provided by State Code the
C -PACE Act this chapter, and the Program Guidelines
30. "Program Fees" means the fees authorized by the Act and charged to
Borrowers to cover the costs to design and administer the Program including
compensation of Program Administrator and recovery of expenses incurred by the City.
31. "Program Guidelines" means a comprehensive document that establishes
the procedures eligibility rules responsibilities, disclosures, Program Fees, restrictions,
underwriting criteria and other requirements promulgated, imposed and enforced by
Program Administrator for the governance of the Program, as amended from time to time.
32. "Program Manager" means the City Manager or such person designated
in writing by the City Manager to supervise the Program and act as liaison with Program
Administrator.
33. "Project" means the construction or installation of Eligible Improvements on
Property.
34. "Property" means assessable real estate located in the City, with all
buildings located or to be located thereon, whether vacant or occupied, improved or
unimproved and regardless of whether such real estate is currently subject to taxation by
the City, but excluding (i) a residential dwelling with fewer than five (5) dwelling units, and
(ii) a condominium project as defined in Section 55.1 -2000 of the State Code.
35. "Real Estate Tax" means the local tax on real estate which the City levies
pursuant to Title 58.1 Chapter 32 of State Code, and Chapter 32, Code of the City of
Roanoke (1979), as amended.
36. "State Code" means the Code of Virginia (1950), as amended to date and
as it may hereafter be amended.
37. "Virginia" means the Commonwealth of Virginia.
Sec. 32.3 -3. Eliaible Improvements under the C -PACE Program
A. The Program shall be available throughout the Citv, provided that the
Borrower, the Property and the Eligible Improvements all qualify for the Program. The
following types of Eligible Improvements may be financed with a C -PACE Loan:
(i) renewable energy production and distribution facilities (e.g., solar
photovoltaic, solar thermal, wind, wave and /or tidal energy and the storage and /or
distribution of the energy produced thereby);
(ii) energy usage efficiency systems (e.g., high efficiency lighting and
building systems, heating, ventilation and air conditioning (HVAC) upgrades, air duct
sealing, high efficiency hot water heating systems, building shell or envelope
improvements, reflective roof, cool roof or preen roof systems and /or weather - stripping);
(iii) water usage efficiency improvements (e.g., recovery, purification,
recycling and other forms of water conservation);
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(iv) construction renovation or retrofitting of a Property directly related
to the accomplishment of any purpose listed in subsections (i) (ii) or (iii) above whether
such Eligible Improvement was erected or installed in or on a building or on the ground
it being the express intention of the City to allow Eligible Improvements that constitute or
are part of the construction of a new structure or building to be financed with a C PACE
Loan, or,
(v) any other category of improvement approved by Program Manager
or Program Administrator as qualifying for financing under the C -PACE Act and the
Program.
B. The proceeds of a C -PACE Loan may be used to pay C -PACE Expenses
Sec. 32.3 -4. C -PACE Loan Requirements
A. C -PACE Loans shall be originated by Capital Providers. The City and /or its
respective governmental entities shall have no obligation to originate or guaranty any C
PACE Loans. Except for oversiqht duties set forth in this chapter the role of the City shall
be limited to (i) levying and assessing the C PACE Assessments and C -PACE Liens and
(ii) enforcing the timely re a ment of the C -PACE Loans in the same manner as
delinquent Real Estate Taxes are enforced in accordance with the C PACE Documents
any applicable City ordinances and Title 58 .1, Chapters 32 and 39 of State Code which
enforcement action may include (without limitation) conducting a tax foreclosure sale of
the Property by public auction
B. The minimum C -PACE Loan Amount that may be financed for each Proiect
is $30,000, and the maximum C -PACE Loan Amount that may be financed for each
Project is $20 000 000 There shall be no limit on the total value of all C -PACE Loans to
be financed under the Program
C. The interest rate of a C -PACE Loan shall be determined by mutual
agreement between Borrower and Capital Provider as provided in the C -PACE
Documents.
D. The term of a C -PACE Loan shall not the weighted average expected useful
life of the improvements or 30 years whichever is less
E. The C -PACE Loan Amount shall be fully amortized over the term of the C-
PACE Loan in accordance with the Amortization Schedule as agreed by Borrower and
Capital Provider.
F. Program Administrator will develop a Program application process for the
review and approval of proposed Projects Program applications will be processed on a
first come first -serve basis and all applicants must meet the Program eligibility
requirements in the C -PACE Act this chapter and the Program Guidelines
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G. All costs related to the financing, administration, collection, and /or
enforcement of the C -PACE Loan and C -PACE Lien shall be borne by Borrower.
H. Each C -PACE Agreement shall be substantially in the form attached as an
appendix to this Ordinance (see Sec. 32.3- 8(D)). The C -PACE Agreement may be
modified as necessary to further the Program's purpose and to encourage Program
participation provided that (i) all modifications are approved by Program Manager and
City Attorney, and (ii) the modifications do not conflict with the C -PACE Act, this chapter,
other terms of the C -PACE Documents and /or the Program Guidelines.
Sec. 32.3 -5. C -PACE Assessment, C -PACE Loan and C -PACE Lien
A. Each C -PACE Loan shall be secured by a C -PACE Lien, and the C -PACE
Lien shall be evidenced by the recordation of a C -PACE Certificate in the Clerk's Office.
Program Manager, on behalf of the City, is hereby authorized to execute the C -PACE
Certificate prior to recordation. Upon complete execution of the C -PACE Documents and
funding of the C -PACE Loan, Capital Provider shall record the C -PACE Certificate in the
Clerk's Office.
B. The C -PACE Lien shall have equal priority with the Citv Real Estate Tax
lien and the C -PACE Lien shall have priority over any previously recorded lien only if, in
connection with the C -PACE Loan closing, (i) a Lender Consent is recorded in the Clerk's
Office, and (ii) Borrower has executed the C -PACE Certificate (containing a Borrower
Certification).
C. In connection with the C -PACE Loan closing, Capital Provider shall deliver
a recorded C -PACE Certificate to the City, and the City shall levy the C -PACE
Assessment on the tax records of the Property benefitting from the Eligible Improvements.
The C -PACE Loan will be repaid by Borrower through C -PACE Payments over a period
of years, in such amounts and at such times as set forth in the Amortization Schedule
and the C -PACE Documents. Capital Provider shall be responsible for servicing the C-
PACE Loan (including billing and collection of C -PACE Payments), subject to and in
accordance with the provisions of the C -PACE Documents.
D. The C -PACE Lien shall run with the land. The portion of the C -PACE Loan
that has not yet become due shall not be eliminated by foreclosure of a Real Estate Tax
lien. Delinquent C -PACE Payments shall be subject to all fees and collection methods
permitted under the laws of Virginia for the collection of delinquent Real Estate Taxes.
E. Only the current C -PACE Payment and any Delinquent C -PACE Payments
shall constitute a first lien on the Property (having equal priority with the City Real Estate
Taxes). Delinquent C -PACE Payments shall (i) accrue penalties and interest (including
default interest) in accordance with the C -PACE Agreement, and (ii) be enforced in
accordance with the C -PACE Documents, any applicable City ordinances, including
Chapter 32 of City Code, and Title 58.1, Chapters 32 and 39 of State Code, which
enforcement action may include conducting a tax foreclosure sale of the Property by
public auction.
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F. C -PACE Payments and Delinquent C -PACE Payments shall be levied and
enforced by the City in the same manner as delinquent Real Estate Taxes are levied and
enforced The City shall be entitled to i recover its costs and expens es, including
reasonable attorne s' fees and costs in the same manner as in a suit to collect delinquent
Real Estate Taxes (ii) charge interest and penalties for Delinquent C PACE Payments in
the same manner as delin uent Real Estate Taxes and (iii) utilize an administrative
remedies provided by Virginia law. All collection and enforcement costs expenses
interest and penalties incurred by Capital Provider and the City shall (a) be added to the
Delinquent C PACE Payments being collected (b) become part of the aggregate amount
sued for and collected (c) be added to the C -PACE Loan Amount and (d) be secured by
the C PACE Lien. The costs and expenses recovered by the City shall be in addition to
any costs, expenses, interest or other amounts due and owing to Capital Provider
Pursuant to Section §58.1-3965. 1 of the State Code for purposes of enforcing a C PACE
Lien a C PACE Lien which secures a Delin uent C -PACE Payment shall be enforceable
after the December 31st followin I the first anniversary of a C -PACE Pa ment havin
become due.
G. A transferee of a Property subject to a C -PACE Lien shall assume the
obligation to repay all remaining unpaid C -PACE Payments due on the C PACE Loan (in
accordance with the Amortization Schedule), whether the transfer of ownership was
voluntary or involuntary. Only the current C -PACE Payment and any Delin uent C -PACE
Payments jogether with any costs of collection shall be payable at the settlement of a
C PACE Property sale unless otherwise agreed by the parties
H. C -PACE Loans may be transferred assigned or sold by a Capital Provider
to another Capital Provider at any time during the C -PACE Loan term without consent
from Borrower, the City or an other art provided that Capital Provider shall i record
—
W C -PACE Assignment in the Clerk's Office and (ii) deliver a copy of the recorded C
PACE Assignment to Borrower, the City and Program Administrator. Recordation of the
C PACE Assignment shall constitute an assumption by the new Capital Provider of the
C PACE rights and obligations contained in the C PACE Documents
I. After the recordation of the C -PACE Certificate Capital Provider may
amend the C -PACE Loan and C -PACE Lien from time to time without consent from
Borrower, the City or any other party as permitted in the C PACE Documents provided
however in each instance Capital Provider shall record a (,- ACE Amendment in the
Clerk's Office and deliver a copy of the recorded C -PACE Amendment to Borrower, the
City and Program Administrator.
Sec. 32.3 -6. Program Administrator; Program Guidelines
A. The City may hire a Program Administrator or delegate the Program
administration duties to Program Mana er or Capital Provider. The City Manager is
authorized to enter into any contract on behalf of the City with res ect to the administration
of the Program if necessary. The Program will be designed to minimize the fees and
costs that a Borrower must payjor a C -PACE Loan all with the goal of promotiog and
facilitatina participation in the Program
413
B. The principal Program administration duties may include (without limitation
the following: (i) creating and modifying the Program Guidelines, as necessary; (ii
coordinating the billing and collection process; (iii) processing C -PACE applications to
determine eligibility for a C -PACE Loan and related Eligible Improvements; (iv) ensuring-
compliance with the Program requirements; (v) certifying that prospective C -PACE
service providers and Capital Providers are eligible to participate in the Program; and (vi)
promoting the Program by performing Program marketing and outreach.
C. The Program will be self- financed through Program Fees. The initial
Program Fee will be $250 per C -PACE Project which may be amended from time to time
by the City Manager or the Program Administrator. The Program Guidelines will include
the most current Program Fees in effect. The Program Fees shall be paid by Borrower in
accordance with the C -PACE Documents and the Program Guidelines. The Amortization
Schedule will include any on -going fees to be included with each C -PACE Payment.
D. Program Administrator (i) will endeavor to conduct a competitive, open -
market Program, available to all pre - certified Capital Providers, contractors, engineers
and consultants, who apply to provide services or funding for the Program, and (ii) shall
not arant anv capital provider or service provider an exclusive right to provide services or
funding for the Program.
E. The Program Guidelines will be developed by Program Administrator and
approved by the City Manager and shall not conflict with the C -PACE Act, this chapter,
or the C -PACE Documents. The Program Guidelines will include, without limitation, the
C -PACE Loan notification requirements and closing process. The Program Guidelines
may require Program Administrator to provide a written report with summary information
regarding the Program, the portfolio performance of participating Capital Providers, or
other Program statistics. The Program Guidelines shall become effective only after review
by the City Attorney and written approval by the City Manager. The Program Guidelines
may incorporate the DMME Guidelines, however, Program Administrator is expressly
authorized, in its reasonable discretion, exercised jointly with the City Manager, to modify
the Program Guidelines from time to time in accordance with the intent and purpose of
the Program, as approved by the City Manager.
F. In accordance with the cooperative procurement provisions included in
Section 2.2 -3404 of the Virginia Public Procurement Act, the City may engage, to operate
the City's Program, a Program Administrator which has contracted to operate a C -PACE
program for another Virginia jurisdiction pursuant to a procurement process which allowed
other Virginia jurisdictions to cooperatively procure a Program Administrator
thereunder. Alternatively, the City may competitively procure a Program Administrator by
issuing a Request for Proposal for a Program Administrator. In either event, the City may
authorize other Virginia iurisdictions to cooperatively procure the services of the City's
Program Administrator. Program Administrator shall indemnify, defend and hold the City
harmless against any claim brought against the City or any liability imposed on the City
as a result of anv action or omission to act by Proaram Administrator in a iurisdiction to
414
which its program administration agreement with the City was extended under such ioint
and cooperative procurement
Sec. 32.3 -7. Role of the Citv; Limitation of Liabilitv
Borrowers and Capital Providers participate in the Program at their own risk The
City makes no representation or warranty as to the validity, enforceability, priority or anv
other character of an C -PACE Loan C -PACE Lien or C -PACE Documents and
Borrowers and Capital Providers agree to release and hold the City harmless from and
against any and all liabilities claims suits liens judgments damages losses and
expenses, including without limitation reasonable legal fees and costs arising in whole or
in part from acts omissions breaches or defaults of Borrowers or Capital Providers in
relation to any C -PACE Loan C -PACE Lien or C PACE Documents
Sec. 32.3 -8. Additional Provisions
A. Every Borrower, on behalf of itself and any affiliated entities (whether in
existence at the time of the C -PACE a lication or created thereafter and any of its
individual shareholders -Principals, managers or other associated individuals shall i
waive the right to bid either directly or indirectly, on the Property at any auction held in
the course of foreclosure for delin vent real estate taxes or for Delinquent C -PACE
Payments, and (b) waive the right to occupy possess or use either directly or indirectly,
any Property for a period of five (5) years after the date of the foreclosure auction
B. The following Borrower waivers shall be included in every C PACE
Agreement and shall be a burden that runs with the land intended to bind successors or
assigns in title while any C -PACE Loan remains outstanding
(i) Borrower hereby waives all defenses affirmative or otherwise to the
foreclosure action related to any collection suit brought for the nonpayment of an C-
PACE Loan. This waiver shall apply to any liti ation action initiated under the laws of
Virginia or any administrative collection action afforded to the City treasurer or its duly
appointed collection agent
(ii) Borrower hereby waives all defenses to the imposition of personal
liability for corporate officers as permitted under Section 58.1-3965(F) of the State Code
and the collection thereof as stated in subparagraph M above
C. The provisions of this chapter are severable If a court of competent
jurisdiction determines that a word phrase clause sentence paragraph subsection
section, or other provision is invalid or that the application of any part of this chapter or
Provision to any person or circumstance is invalid the remaining provisions of this chapter
shall not be affected and shall remain in full force and effect.
D. A draft Assessment and Financing A reement i.e. the contractspecifying
the terms and conditions of the City's C -PACE Program loan agreements) is adopted as
an appendix to this Ordinance ( "Draft Agreement ") The parties to an (Ass essment and
Financing Agreement shall be Borrower Capital Provider, and the City. Each Assessment
415
and Financing Agreement shall be in substantially the form established by the Draft
Agreement with such additions deletions or alterations as permitted by this chapter. At
the Request of the Program Administrator, the Program Manager is authorized to modify
the Draft Agreement in their ioint reasonable discretion, provided that such modifications
are approved by the City Attorney. The City Manager is authorized to enter into
Assessment and Financing Agreements on behalf of the City. The City Manager may not
execute any Assessment and Financing Agreement unless the underwriting requirements
and the conditions for the priority status of the C -PACE Lien are met.
E. The Program Guidelines shall contain the following provisions:
(i) These Program Guidelines ( "Guidelines') have been prepared for the
purpose of providing a more detailed description of the requirements, rules, procedures,
and fees applicable to the City of Roanoke Commercial Property Assessed Clean Energy
(C -PACE) Financing Program ( "Program "). These Guidelines are subject to Chapter
32 .3, Code of the City of Roanoke (1979), as amended, ( "City Ordinance ") in all respects
including without limitation the provisions of the City Ordinance governing the
amendment of these Guidelines. If there is a conflict between these Guidelines and the
City Ordinance the City Ordinance shall govern and control.
THESE GUIDELINES ARE FOR REFERENCE ONLY AND DO NOT
CREATE ANY LEGAL RIGHTS IN FAVOR OF ANY BORROWER, CAPITAL
PROVIDER CONTRACTOR OR ANY OTHER PERSON, AND THESE GUIDELINES
DO NOT IMPOSE ANY LEGAL DUTY OR OBLIGATION ON THE CITY OF ROANOKE,
VIRGINIA.
This Ordinance shall become effective upon passage.
Pursuant to Section 12 of the Charter of the City of Roanoke, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
t�--
Cecelia F. McCoy, CMC U
City Clerk
Sherman P. Lea, Sr.
Mayor
416
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of October, 2020.
No. 41902- 101920.
A RESOLUTION appointing Vivian Sanchez -Jones as a member of City Council
for the City of Roanoke in accordance with Section 4 of the City Charter and Virginia Code
Section 24.2 -228 for a term commencing upon qualification and expiring on
December 31, 2022.
2020; WHEREAS, Djuna L. Osborne resigned from City Council effective September 16,
WHEREAS, Ms. Osborne's term of office would have expired December 31, 2022;
WHEREAS, the Circuit Court of the City of Roanoke has determined that no
special election is required to fill Ms. Osborne's vacancy, and that Council is authorized
to do so; and
WHEREAS, the remaining members of Council are desirous of appointing Vivian
Sanchez -Jones to fill the Council vacancy created by the resignation of Ms. Osborne for
a term commencing upon qualification and expiring December 31, 2022, in accordance
with Section 4 of the City Charter and Virginia Code Section 24.2 -228,
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The resignation of Djuna L. Osborne, as a member of the City Council effective
September 16, 2020, is hereby acknowledged.
2. Vivian Sanchez -Jones is hereby appointed as a member of the Council of the
City of Roanoke for a term commencing upon qualification and expiring December 31,
2022, in accordance with Section 4 of the City Charter and Virginia Code Section 24.2-
228.
3. Pursuant to Section 59 of the City Charter, before entering upon the duties of
a member of City Council, Vivian Sanchez -Jones shall qualify for office by taking the oath
prescribed by general law of the Commonwealth, as soon as practicably possible.
ATTEST: APPROVED
C.4� J. yne
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
417
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I I The 2nd day of November, 2020.
No. 41903- 110220.
A RESOLUTION authorizing the acceptance of the FY21 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 FY21 Bulletproof Vest Partnership
Grant Award from the United States Department of Justice, in the total amount of
$30,564.05 with (i) $21,489.05 going to the Police Department to purchase 55
concealable primary use bullet resistant vests, and (ii) $9,075 going to the Roanoke City
Sheriff's Office to purchase 30 concealable primary use bullet resistant vests. The
required 50% in -kind match will be satisfied through each department's budget, upon the
terms, provisions and conditions relating to the receipt of such grant funds. Such grant
is more fully described in the City Council Agenda Report dated November 2, 2020.
2. The City Manager is hereby authorized to execute, on behalf of the City, any
documents necessary to accept, implement and carry forth the conditions of this 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.
ATTEST: APPROVED
ottd't��_
�, me-liAt
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21d day of November, 2020.
No. 41904 - 110220.
AN ORDINANCE to appropriate funding from the Federal
Department of Justice, for the Bulletproof Vest Partnership Grant, amending and
reordaining certain sections of the 2020 - 2021 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 2020 - 2021 Grant Fund Appropriations be, and the same are hereby, amended
and reordained to read and provide as follows:
Appropriations
Wearing Apparel - Sheriff
Wearing Apparel - Police
Revenues
Bulletproof Vest FY21 — Sheriff
Bulletproof Vest FY21 — Police
35- 140 - 5933 -2064 $ 9,075
35- 640 - 3823 -2064 21,489
35- 140- 5933 -5933 9,075
35- 640 - 3823 -3823 21,489
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
&,� yke-
Cecelia F. McCoy, CMC
City Clerk Sherman P. Lea, Sr.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21d day of November, 2020.
No. 41905 - 110220.
A RESOLUTION authorizing the acceptance of the 21St Century Community
Learning Center grant from the U. S. Department of Education to the Roanoke City Public
Schools ( "Schools "), to provide students, families and the community after - school and
summer learning opportunities, and authorizing execution of any and all necessary
documents to comply with the terms and conditions of the grant.
419
BE IT RESOLVED by the Council of the City of Roanoke that:
1 . The Schools hereby accepts the 21St Century Community Learning Center
grant from the U.S. Department of Education in the amount of $40,800, with a voluntary
local match in the amount of $3,122 from the City of Roanoke, to be distributed to the
Roanoke Public Libraries to pay for the Library Literacy Specialist salaries to provide
reading and math tutoring to students and to plan, develop and facilitate or deliver district -
wide professional development programs for the 21 st Century staff and librarians, as more
particularly set forth in the City Council Agenda Report dated November 2, 2020.
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.
ATTEST: APPROVED
ort-�- , 1=/ - Gfitd,6r a�,X�Cn
Cecelia F. McCoy, CMC
City Clerk Sherman P. Lea, Sr.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of November, 2020.
No. 41906 - 110220.
AN ORDINANCE to appropriate funding from the Roanoke City School Board, for
the 211t Century Community Learning Centers workshops, amending and reordaining
certain sections of the 2020 - 2021 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 2020 - 2021 Grant Fund Appropriations be, and the same are hereby, amended
and reordained to read and provide as follows:
Grant Funds
Appropriations
Temporary Employee Wages - School
Workshops
FICA
Revenues
21 It Century Literacy FY21- RCPS
21St Century Literacy FY21- Local
35- 650 - 8333 -1019 $ 40,800
35- 650 - 8333 -1120 3,122
35- 650 - 8333 -8333 40,800
35- 650 - 8333 -8334 3,122
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
Cecelia F. McCoy, CMC �
City Clerk
y Sherman P. Lea, Sr.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of November, 2020.
No. 41907 - 110220.
A RESOLUTION accepting the donation of up to six flood sensors from the Center
for Innovative Technology (CIT); authorizing the City Manager to take such further actions
and execute all documents as may be necessary to accept, implement, administer, and
maintain the flood sensor(s); and expressing the City's appreciation for such donation.
WHEREAS, the Commonwealth of Virginia, through the Center for Innovative
Technology ( "CIT ") has formally partnered with the Federal Department of Homeland
Security ( "DHS ") in a flood sensor project;
WHEREAS, based on the history of flooding throughout the valley, and the City's
existing flood resiliency efforts CIT identified Roanoke as an ideal location for flood sensor
program in Virginia;
WHEREAS, upon project completion, the flood sensor(s) would be left in place and
flood sensor ownership and cost of maintenance would revert to the City of Roanoke; and
421
WHEREAS, it is the recommendation of the City Manager that City Council accept
a donation of up to six flood sensors for use by the public in the City in accordance with
the provisions of Section 2 -263, Code of the City of Roanoke (1979), as amended, which
provides that gifts valued in excess of $5,000 be accepted by resolution of City Council.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. This Council hereby accepts the donation of up to six flood sensors from CIT,
in accordance with the recommendation contained in the City Council Agenda Report
dated November 2, 2020.
2. The City Manager is hereby authorized to take such further actions and execute
all documents as may be necessary to accept, implement, administer, and maintain the
flood sensor(s), any 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 CIT for the donation of up to six flood sensors as described in the City
Council Agenda Report dated November 2, 2020.
4. The City Clerk is directed to transmit a copy of this Resolution to CIT expressing
the City's appreciation for its donation.
ATTEST: APPROVED
et,� vx"Ly- 11
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of November, 2020.
No. 41908 - 110220.
AN ORDINANCE to appropriate funding from the Stormwater Utility Fund Retained
Earnings to Public Works Service Improvements Decant Pad and Pole Barn -1 for storm -
drain improvement projects, amending and reordaining certain sections of the
2021 - 2022 Stormwater Utility Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
422
BE IT ORDAINED by the Council of the City of Roanoke that the following sections
of the 2021 - 2022 Stormwater Utility Fund A
amended and reordained to read and provide as follows: ppropriations be, and the same are hereby,
Appropriations
Contractual Services
Fund Balance
Retained Earnings — Available BSA
03- 530 - 3076 -9060 $ 774,803
03 -3348 774,803
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
Cecelia F. McCoy, CMC
City Clerk Sherman P. Lea, Sr.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2"d day of November, 2020.
No. 41909 - 110220.
AN ORDINANCE providing for the acquisition of real property rights needed by the
City in connection with the Tinker Creek Greenway 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 fee simple,
temporary construction and /or permanent easements of variable length and width, and
such other real property interests as needed, as set forth in the City Council Agenda
Report dated November 2, 2020, for the Project, in the general vicinity of 13t "Street, N.E.,
Roanoke, Virginia, to Mason Mill Park, Roanoke, Virginia, and surrounding streets. The
proper City officials and City staff are hereby authorized to acquire by negot
City the necessary real property right interests and a iation for the
respect to the real property appropriate ancillary rights with
p p y parcel referred to in the above mentioned City C ouncil Agenda
Report, and any other real property interests needed for the Project. All requisite
documents shall be approved as to form by the City Attorney.
423
2. The City Manager is further authorized to execute appropriate acquisition
documents for the above mentioned parcel for such consideration as deemed appropriate
for the necessary interest, 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 owner 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:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2"d day of November, 2020.
No. 41910- 110220.
A RESOLUTION authorizing the City Manager's issuance and execution of
additional Amendments to the City's Contract with Lumsden and Associates, PC,
( "Lumsden ") for additional Architectural and Engineering Services, not to exceed
$276,000.00 including Phase II (A) Amendment No. 3, Phase II (B) Amendment No. 4
and Phase II (C) for Amendment No. 5 for Rivers Edge Park North Improvements; and
authorizing the City Manager to take certain other actions in connection with such
Amendments.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager is authorized to issue and execute such additional
Amendments as may be necessary to the City's Contract with Lumsden, in an amount
not to exceed $276,000.00 for additional Architectural and Engineering Services including
Phase II (A) Amendment No. 3, Phase II (B) Amendment No. 4 and Phase II (C) for
Amendment No. 5 for Rivers Edge Park North Improvements, all as more fully set forth
in the City Council Agenda Report dated November 2, 2020.
424
2. The form of such Amendments shall be approved by the City Attorney.
3. 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 Lumsden, as
well as the Contract itself.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of November, 2020.
No. 41911- 111620.
AN ORDINANCE to de- appropriate funding from the Virginia Department of
Transportation for the Signal Improvements FY17 project, amending and reordaining
certain sections of the 2020 - 2021 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 2020 - 2021 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 - 9491 -9002 $ (41,422)
Revenues
VDOT FY17 Signal Imp 08- 530 - 9491 -9491 (41,422)
425
Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
� . � G
Cecelia F. McCoy, CMC Kerman P. Lea, r.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of November, 2020.
No. 41912 - 111620.
A RESOLUTION authorizing the City Manager's issuance and execution of an
Amendment to the City's Contract with MAKCO, Inc., ( "MAKCO ") for additional guardrail
repair work; 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 such Amendment as
may be necessary to the City's Contract with MAKCO, in the amount of $70,000.00 for
additional guardrail repair work, all as more fully set forth in the City Council Agenda
Report dated November 16, 2020.
2. The form of such Amendment shall be approved by the City Attorney.
3. 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 MAKCO, as well
as the Contract itself.
APPROVED
ATTEST:
47
Cecelia F. McCoy, CMC
City Clerk
0-eo�A S
Sherman P. Lea, Sr.
Mayor
426
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of November, 2020.
No. 41913 - 111620.
AN ORDINANCE to appropriate funding from the Commonwealth, federal and
private grant for various educational programs, amending and reordaining certain
sections of the 2020 - 2021 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 2020 - 2021 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 -
145Q -
61210-
41138-
9-
08
$ 66,318.00
Virginia Retirement System
302-
140-
HOME
-1000 -
145Q -
61210-
42202-
9-
08
11,022.05
Retiree Health Credit
302-
140-
HOME
-1000 -
145Q -
61210-
42200-
9-
08
802.45
Group Life iNsurance
302-
140-
HOME
-1000 -
145Q -
61210-
42205-
9-
08
888.66
Social ecurity
302-
140-
HOME
-1000 -
1450-
61210-
42201 -
9-
08
5,073.33
Health Insurance
302-
140-
HOME
-1000 -
145Q -
61210-
42204-
9-
08
4,389.51
Professsional Development
302-
140-
HOME
-1000 -
145Q -
61210-
43313-
9-
08
1,000.00
Student Transportation
302-
140-
HOME
-1000 -
145Q -
61210-
43342-
9-
08
5,000.00
Travel Mileage
302-
140-
HOME
-1000 -
1450-
61210-
45551 -
9-
08
506.00
Supplement
302-
110-
0000-
0000-
179Q -
61100-
41129-
9-
01
53,005.00
Social Security
302-
110-
0000-
0000-
179Q -
61100-
42201 -
9-
01
4,977.00
Professional Services
302-
110-
0000-
0000-
179Q -
61100-
43313-
9-
01
7,689.00
Transportation
302-
110-
0000-
0000-
179Q -
63200-
43343-
9-
01
1,965,896.00
Internal Printing
302-
110-
0000-
0000-
179Q -
62180-
44450-
9-
01
9,640.00
Instructional Supplies
302-
110-
0000-
0000-
179Q -
61100-
46614-
9-
01
13,000.00
Other Operating Supplies
302-
110-
0000-
000()-
179Q -
64100-
46615-
9-
01
60,835.00
Non - Capital Tech Hardware
302-
110-
0000-
0000-
179Q -
68200-
46650-
9-
01
227,053.00
Supplement
302-
110-
0000-
0000-
180Q -
61100-
41129-
9-
01
29,400.83
Social Security
302-
110-
0000-
0000-
180Q -
61100-
42201 -
9-
01
2,249.17
Instructional Supplies
302-
110-
0000-
0000-
180Q -
61100-
46614-
9-
01
16,107.06
Non - Capital Tech Hardware
302-
110-
0000-
0000-
1800-
68200-
46650-
9-
01
17,000.00
Technology Software
302-
110-
0000-
0000-
181Q -
68200-
46640-
9-
01
34,007.25
Instruction Teacher
302-
110-
0000-
0000-
182Q -
61100-
41121 -
9-
01
15,000.00
Instruction Teacher Aide
302-
110-
0000-
0000-
182Q -
61100-
41141 -
9-
01
5,000.00
Supplement
302-
110-
0000-
0000-
182Q -
61100-
41129-
9-
01
658.00
Social Security
302-
110-
0000-
0000-
182Q -
61100-
42201 -
9-
01
1,580.35
Professional Health Serblces
302-
110-
0000-
0000-
182Q -
61100-
43311 -
9-
01
5,000.00
Transportation
302-
110-
0000-
0000-
182Q -
61100-
43343-
9-
01
40,000.00
Medical Supplies
302-
110-
0000-
0000-
182Q -
64100-
'46605
9-
01
6,561.65
Instructional Supplies
302-
110-
0000-
0000-
182Q -
'1100
46614-
9-
01
1,200.00
Supplement
302-
110-
0000-
0000-
183Q -
61100-
41129-
9-
01
23,223.41
Social Security
302-
110-
0000-
0000-
183Q -
61100-
42201 -
9-
01
1,776.59
Communications
302-
110-
0000-
0000-
184Q -
68200-
45523-
9-
01
386,490.00
Janitorial Supplies
302-
110-
0000-
0000-
185Q -
61100-
46606-
9-
01
22,484.00
Material & Suppplies Other
302-
110-
0000-
0000-
186Q -
61100-
46615-
9-
01
50,000.00
!y)I
REVENUE
22,000.46
01- 140 - 2140 -1120
1,683.04
01- 140 - 3310 -1153
73,193.75
01- 140 - 3310 -1120
5,928.75
Federal
Grant
Receipts
302-
000-
0000 -
0000-
145Q -
00000-
38196-
0-
00
$ 95,000.00
Federal
Grant
Receipts
302-
000-
0000-
0000-
179Q -
00000-
38000-
0-
00
2,342,095.00
Federal
Grant
Receipts
302-
000-
0000-
0000-
180Q -
00000-
38000-
0-
00
64,757.06
Federal
Grant
Receipts
302-
000-
0000-
0000-
181Q -
00000-
38000-
0-
00
34,007.25
Federal
Grant
Receipts
302-
000-
0000-
0000-
182Q -
00000-
38000-
0-
00
75,000.00
Federal
Grant
Receipts
302-
000-
0000-
0000 -
183Q -
00000-
38000-
0-
00
25,000.00
Federal
Grant
Receipts
302-
000-
0000-
0000 -
184Q -
00000-
38000-
0-
00
386,490.00
Federal
Grant
Receipts
302-
000-
0000-
0000-
185Q -
00000-
38000-
0-
00
22,484.00
Federal
Grant
Receipts
302-
000-
0000-
0000-
186Q -
00000 -
38000-
0-
00
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:
Cecelia F. McCoy, CMC Sherman P. Lea, S .
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1611 day of November, 2020.
No. 41914 - 11120.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia
Compensation Board and increased inmate phone commissions revenue for a stipend to
be paid to all sworn Sheriff's Office positions, amending and reordaining certain sections
of the 2020 - 2021 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 2020 - 2021 General Fund Appropriations be, and the same are hereby, amended
and reordained to read and provide as follows:
Appropriations
Bonus and Separation Pay
FICA
Bonus and Separation Pay
FICA
Revenues
Sheriff
Inmate Phone Commissions
01- 140 - 2140 -1153
22,000.46
01- 140 - 2140 -1120
1,683.04
01- 140 - 3310 -1153
73,193.75
01- 140 - 3310 -1120
5,928.75
01- 110- 1234 -0611 97,423
01- 110 - 1234 -1305 5,383
EA
•
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of November, 2020.
No. 41915 - 111620.
A RESOLUTION naming and honoring The Resilient Spirit of the Star City as the
City of Roanoke's 2020 Citizen of the Year, acknowledging the sacrifices and
contributions made by the Citizens of Roanoke in response to the COVID-19 Pandemic.
WHEREAS, Roanoke City Council honors all those who have continued to work in
essential jobs, even though they may have wished to protect themselves by self - isolating
at home;
WHEREAS, Roanoke City Council recognizes all those who have helped and
stayed in touch with their friends, neighbors, and loved ones;
WHEREAS, Roanoke City Council applauds all those who have learned and taken
advantage of new technologies for work, entertainment, and communication with others
in response to the impact of the pandemic;
WHEREAS, Roanoke City Council calls attention to the commitment of all those
who have helped to slow the spread of COVID -19 by following guidelines from the
Governor of the Commonwealth of Virginia and the Centers for Disease Control and
Prevention, by wearing masks, maintaining safe distances, and washing hands
frequently;
WHEREAS, Roanoke City Council commends school administration, teachers,
parents, and others who have helped students embrace virtual learning;
WHEREAS, Roanoke City Council appreciates all those who have donated their
time or money to efforts to contain the virus;
429
WHEREAS, Roanoke City Council regards the culmination of efforts listed in this
resolution as evidence of Citizens' courage, perseverance, and spirit to respond
dynamically to the difficulties experienced in our City as the result of a worldwide
pandemic in the year 2020.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. Council names and honors The Resilient Spirit of the Star City as the 2020
City of Roanoke Citizen of the Year, in recognition of the contributions made by Citizens
to overcome challenges and respond to the needs of our Community during the
COVID -19 Pandemic.
2. The City Clerk is directed to have published a copy of the foregoing
resolution to the City's website.
APPROVED
ATTEST:
0444&:r, J: me .
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of November, 2020.
No. 41916- 111620.
AN ORDINANCE permanently vacating, discontinuing and closing a public right -
of -way in the City of Roanoke located on Church Avenue, S. E., as more particularly
described hereinafter; and dispensing with the second reading of this ordinance by title.
WHEREAS, Les Bowers and Brad Bowers for Upper Church, LLC, filed an
application with the Council of the City of Roanoke, Virginia ( "City Council "), in
accordance with law, requesting City Council to permanently vacate, discontinue and
close a certain public right -of -way described hereinafter;
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by 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;
430
WHEREAS, a public hearing was held on such application by City Council on
November 16, 2020, 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:
1. The public right -of -way situated in the City of Roanoke, Virginia, and more
particularly described as follows:
End of the 400 block of Church Avenue S. E. approximately 6,803
square feet in area adjacent to nine properties identified as 0 Church
Avenue S. E., bearing Official Tax Map Nos. 4011119, 4011120,
4011121, 4011122, 4011502, 4011503, 4011504, 4011505, and
4011506, respectively, creating a new terminus along a line
perpendicular to Church Ave S. E. starting at the northeast corner of
Official Tax Map No. 4011506.
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.
431
2. 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. Such plat shall combine all properties, which would otherwise dispose of
the land within the right -of -way to be vacated, in a manner consistent with law, and retain
appropriate easements for the installation and maintenance of any and all existing utilities
that may be located within the right -of -way, including the right of ingress and egress.
3. 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 Eight Thousand One Hundred Sixty Four Dollars
($8,164.00) as consideration pursuant to Section 15.2-2008, Code of Virginia (1950), as
amended, for the vacated right -of -way.
4. Upon meeting all conditions to the granting of the application, the applicant
shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit
Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke,
Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties
in interest who may so request, as Grantees. The applicant shall pay such fees and
charges as are required by the Clerk to effect such recordation.
5. Upon recording a certified copy of this ordinance with the Clerk of the Circuit
Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the
City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has
occurred.
6. If the above conditions have not been met within a period of twelve (12) months
from the date of the adoption of this ordinance, then such ordinance will be null and void
with no further action by City Council being necessary, unless extended by the Agent for
the Planning Commission for an additional six (6) months prior to the end of the twelve
(12) month period.
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:
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
432
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16t' day of November, 2020.
No. 41917- 111620.
AN ORDINANCE rezoning two properties (1) located at 1801 Patterson
Avenue, S. W., 0 Patterson Avenue, S. W., 0 Patterson Avenue, S. W., which is being
rezoned from MX, Mixed Use District to INPUD, Institutional Planned Unit Development
District, subject to a certain condition; and (2) located at 1729 Patterson Avenue, S. W.,
and 0 Patterson Avenue, S. W., which is being rezoned from INPUD, Institutional Planned
Unit Development District, with a condition, to MX, Mixed Use District subject to a certain
condition; and repealing Ordinance No. 40033 - 090214, adopted September 2, 2014, to
the extent that it placed a single condition on the property located on 1729 Patterson
Avenue, S. W., and 0 Patterson Avenue, S. W., bearing Official Tax Map Nos. 1212309
and 1212310; and dispensing with the second reading of this ordinance by title.
WHEREAS, Kunal Joshi and Jordana Anderson, on behalf of Morning Rays, LLC,
and Richard Winstead on behalf of Winstead Estate Management, LLC, have made
application to the Council of the City of Roanoke, Virginia ( "City Council "), to have the
property located at Official Tax Map Nos. 1312914, 1801 Patterson Avenue, S. W.,
1312913, 0 Patterson Avenue, S. W., and 1312912, 0 Patterson Avenue, S. W., rezoned
from MX, Mixed Use District to INPUD, Institutional Planned Unit Development District,
subject to a certain condition, as set forth in the Zoning Amendment Application,
Amended Application #2, dated September 24, 2020; and to have the property located at
Official Tax Map Nos. 1212309, 1729 Patterson Avenue, S. W., and 1212310, 0 Patterson
Avenue, S. W.; rezoned from INPUD, Institutional Planned Unit Development District, with
a condition, to MX, Mixed Use District subject to a certain condition; and repealing
Ordinance No. 40033 - 090214, adopted September 2, 2014, to the extent that it placed a
single condition on property located on 1729 Patterson Avenue, S. W., and 0 Patterson
Avenue, S. W., bearing Official Tax Map Nos. 1212309 and 1212310;
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by Section 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 16, 2020, after due and timely notice thereof as required by Section
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
433
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 require the repealing of Ordinance No. 40033-
090214, adopted September 2, 2014, to the extent it placed certain conditions on property
located on 1729 Patterson Avenue, S. W., and 0 Patterson Avenue, S. W., bearing Official
Tax Map Nos. 1212309 and 1212310; and for those reasons, is of the opinion that the
hereinafter described properties should be rezoned as herein provided; and that the
condition now binding upon 1729 Patterson Avenue, S. W., and 0 Patterson Avenue,
S. W., should be repealed as requested.
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, is
hereby amended to reflect that Official Tax Map Nos. 1312914, 1801 Patterson
Avenue, S. W., 1312913, 0 Patterson Avenue, S. W., and 1312912, 0 Patterson Avenue,
S. W., be, and are hereby REZONED from MX, Mixed Use District to INPUD, Institutional
Planned Unit Development District, subject to a certain condition, as set forth in the
Zoning Amendment Application, Amended Application No. 2, dated September 24, 2020;
and Official Tax Map Nos. 1212309, 1729 Patterson Avenue, S. W., and 1212310, 0
Patterson Avenue, S. W., be, and such properties are hereby REZONED from INPUD,
Institutional Planned Unit Development District, with a condition, to MX, Mixed Use District
subject to a certain condition, as set forth in the Zoning Amendment Application,
Amended Application No. 2, dated September 24, 2020.
2. Ordinance No. 40033 - 090214, adopted September 2, 2014, to the extent it
placed a single condition on the property located on 1729 Patterson Avenue, S. W., and
0 Patterson Avenue, S. W., bearing Official Tax Map No. 1212309 and 1212310, 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.
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:
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
434
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of November, 2020.
No. 41918- 111620.
AN ORDINANCE amending and reordaining Section 36.2 -311, Use table for
residential districts; Section 36.2 -315, Use table for multiple purpose districts; Section
36.2 -322, Use table for industrial districts; Section 36.2 -327, Use table for planned unit
development districts; Section 36.2 -405, Bed and breakfast, homestay, and short-term
rental establishments; Section 36.2 -410, Fences, walls, arbors, and trellises; Section
36.2 -429, Temporary uses; Section 36.2 -522, Zoning permits; Section 36.2 -647 Buffering
and screening; Section 36.2 -652, Minimum parking; and Appendix A. — Definitions, of
Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, for the
purposes of amending and reordaining the code sections to update, clarify and make the
City's zoning ordinance easier to use for its citizens and consistent with state law; 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.
District
Residential Uses
Dwelling, single - family attached
Supplemental
RA R -12 R -7 R -5 R -3 RM -1 RM -2 RMf Regulation
Section
P P P P
Dwelling, single - family detached P P P P P P P
Dwelling, two - family
Dwelling, multifamily with 10 or fewer units
Dwelling, multifamily with 11 or more units
Dwelling, townhouse or rowhouse
S P
P P
S P
P S P P 36.2 -431
Dwelling, manufactured home
Dwelling, mobile home
Accommodations and Group Living Uses
Bed and breakfast
Boarding house
Group care facility, congregate home, elderly
Group care facility, congregate home, not otherwise listed
Group care facility, group care home
Group care facility, halfway house
Group care facility, nursing home
Group care facility, transitional living facility
435
Group home
Commercial Uses
Day care home, adult
Day care home, child
Family day home
Fire, police, or emergency services
Utility Uses and Structures
Utility distribution or collection, basic
Utility distribution or collection, transitional
Wireless telecommunications facility, small cell on existing str
Wireless telecommunications facility, not otherwise listed
' P S S S S S 36.2 -405
S_ -S. ' -- — — --
S S
S S
S S
S
P P P P P P P
S S
5
S
S
S
S S
P P
P
P
P
P
P P
S S
S
S
S
S
S S
S
S
5
S
S
S S
P P
i i iP
IP P
P
P
P
S TS S
.IP
S
S
5
S �S
icture P
P
P
P
P
IP
P 3
IS
S
S
S
S
S
T�$
�3
5.2 -432
5.2 -432
436
Wireless telecommunications
facility, stealth
P
P
P
P
P
P
P
P
36.2 -432
Animal and Agricultural Uses
i
I
Agricultural operations
P
S
S
S
S
S
S
S
Animal shelter
P
I
Botanical garden or arboretum
P
j
Community garden
P
P
P
P
P
P
P
P
36.2 -407.1
Composting facility
S
Nursery or greenhouse,
commercial
P
Pet- gFeerA+ag
P
Kennel, no outdoor pens or runs
P
Kennel, with outdoor pens or runs
S
Stable, commercial
P
36.2 -428
Wildlife rescue shelter or refuge area
P
Accessory Uses
Accessory uses, not otherwise listed in this table
P
P
P
P
P
P
P
P
36.2 -403
Accessory apartment
S
S
S
S
S
S
P
36.2 -402
Home occupation, excluding
personal service
P
P
P
P
P
P
P
P
36.2 -413
Home occupation,
personal service
P
P
P
P
P
P
P
P
36.2 -413
Homestay
S
S
S
S
5
S
S
S
36.2 -405
Outdoor storage
P
36.2 -423
Stable, private P P
Temporary health care structure p P P P P P P P
��
Wind turbine, commercial
TI I ,;
i
Wind turbine, small S S S IS 5 17s__Js
"P" indicates a use permitted as of right.
"S" indicates a use permitted only by special exception.
A blank cell indicates the use is not permitted; any use not listed in this table is not permitted in residential districts.
Sec. 36.2 -315. - Use table for multiple purpose districts.
District
Residential Uses
Dwelling, single - family attached
Dwelling, single - family detached
Dwelling, two - family
Dwelling, multifamily with 10 or fewer units
Dwelling, multifamily with 11 or more units
Dwelling, townhouse or rowhouse
Accommodations and Group Living
Bed and breakfast
Campground
Dormitory
437
36.2 -403
36.2 -403
36.2 -403
36.2 -403
Supplemental
MX CN CG ! CLS ! D IN I ROS OF Regulation
Section
P
P
P
P P
P
P P
S S
P
P P
P P
P
P P
P
P
P
P 36.2 -431
i
Group care facility, congregate home, elderly
Group care facility, nursing home
Group home
Hotel or motel
Short -term rental
Commercial Uses: Office and Related Uses
Bleed
Business service establishment, not otherwise list(
Eft 9r service
Financial institution
Laboratory, dental, medical, or optical
Laboratory, testing and research
Medical clinic
Office, general or professional
Outpatient mental health and substance abuse clinic
Commercial Uses: Miscellaneous
Animal hospital or veterinary clinic, no outdoor pens or runs
Animal hospital or veterinary clinic, outdoor pens or runs
Animal shelter
Caterer, commercial
P
P
P
P
P
P
P
P
P
P
P
P P
P
P
P
P P
P
P
P
P P
P
P
P
S
P P P P
S S S S
S S 5
P P P
P
P
P
P
P
P
P
S
S
P
1
1
Community market
Drive - through facility
Drive - through kiosk
F
Flea market, outdoor
Funeral home
Kennel, no outdoor pens or runs
Kennel, outdoor pens or runs
Live -work unit
Mixed -use building
Outdoor advertising sign
Studio /multimedia production facility
Commercial Uses: Retail Sales and Service
Bakery, confectionary, or similar food produc
B
Building supplies and materials, retail
Car wash, not abutting a residential district
Car wash, abutting a residential district
Contractor or tradesman's shop, general or sl
DFy cleaning and laundFy pick up sta4eo
Dry cleaning plant or commercial laundry
IP lip (P iP P �
IP I p
- -- -- - -- I - -T-
r S IP P �S I
F� rp P S I
TJ
-- - - - -- - -T —� —P - -iP -�
�_[T]_PTITT
_. P_�P p_..rt- j-- - -- P
P P iP �P tp
P I P 1
P P P IP P
439
36.2 -409
36.2 -409
T
I_
�I
36.2 -416
136.2 -416
-i
136.2 -675
MR
Gasoline station
S
P
P
S I
36.2 -411
General service establishment, not otherwise listed
P
P
P
T
P
IP
P
P
--r
-
P
--
T
seFviees Aqtpbl ;hmt-nt
J
r
P
Laundromat
F—
P
P
I-
rP
P
f
__t___]
Manufactured or mobile home sales
�P
—
T
Motor vehicle rental establishment, without inventory on -site
P
I
_.r.
P
-.-.._
P
I
f..
P
i
vehicle rental establishment, with inventory on -site
T
P
P
JMotor
IS
Motor vehicle repair or service establishment
P
S 1
36.2 -419
P
Motor vehicle sales and service establishment, new
P
P
1
'
36.2 -420
Motor vehicle sales and service establishment, used
P
P
36.2 -421
Nursery or greenhouse, commercial
P
P
S
Personal service establishment, not otherwise listed in this table
P P
P
P
P
P
Pet -_g gn
P
P
P
P
P
Retail sales establishment, not otherwise listed
P
P
P
P
P
Storage building sales
S
P
Tattee parle
P
P
P
P
P
Industrial Uses
Bakery, confectionary, or similar food production, wholesale
P
Commercial printing establishment
P
P
441
eD®
Electrical component assembly, wholesale distribution
P
Fueling station, commercial or wholesale
P
P
Manufacturing: Beverage or food processing, excluding poultry and animal
P
slaughtering and dressing
Manufacturing: General, not otherwise listed in this table
S
Manufacturing: Steel or metal production, fabrication, or processing
S
Motor vehicle or trailer painting and body repair
S
S
36.2 -418
Workshop
S
P
P
P
P 36.2 -433
Warehousing and Distribution Uses
Distribution center, not otherwise listed
S
Self- storage building
S
S
P
3
Warehouse
P
Assembly and Entertainment Uses
Adult uses
S
36.2 -404
Amphitheater
P
Amusement, commercial, indoor
S
P
P
P
P
Amusement, commercial, outdoor
P
P
Botanical garden or arboretum
P P
P
Club, lodge, civic, or social organization
P
P
P
P P P
P
Community center
P P
P
P
P P P
P
Eating establishment
S P
P
P
P
P
+
Eating and drinking establishment, not abutting a residential district
S P
P
P
P
P
442
Eating and drinking establishment, abutting a residential district
Entertainment establishment, abutting a residential district
Entertainment establishment, not abutting a residential district
Exhibition, convention, or conference center
Gaming establishment
Golf course
Health and fitness center
Meeting hall, abutting a residential district
Meeting hall, not abutting a residential district
Microbrewery or microdistillery not abutting a residential district
Microbrewery or microdistillery abutting a residential district
Park or playground
Place of worship
Recreation, indoor
Recreation, outdoor
Sports stadium, arena, or coliseum
Theater, movie or performing arts
Zoo
Public, Institutional, and Community Facilities
Aquarium or planetarium
S
S
S
S
S
S
S
S
S
S
I
S
i
S
P
P
P
P
P
P
S
S
i
-
I
P
I
P
P
P
P
P
P
I
S
S
S
S
S P
P
S
S
P
P
P
P P
P
P
P
P
P
P
P
S
S
S
S
S
P
P
P
P
P P
P
P
P
P
P
P P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
EA EA 9,
Artist studio
P
P
P
P
P
P
Cemetery
P
Community food operation
P
Community garden
P
P
P
P
P
P P
P 36.2 -407.1
Day care center, adult
P
P
P
P
P
P
P
Day care center, child
S
P
P
P
P
P
P 36.2 -408
Day care home, adult
S
S
S
S
Day care home, child
P
P
P
P
Educational facilities, business school or nonindustrial trade school
S
P
P
P
P
P
P
Educational facilities, college /university
P
P
P
P
Educational facilities, elementary /middle /secondary
P
P
P
P
P
P
Educational facilities, industrial trade school
P
P
P
Educational facilities, school for the arts
S
P
P
P
P
P
P
Fire, police, or emergency services
P
P
P
P
P
P
P
Government offices or other government facility, not otherwise listed
P
P
P
P
P
P
P
Hospital
P
Library
P
P
P
P
P
P
P
Museum
P
P
P
P
P
P
P
Post office
P
P
P
P
P
P
Supply pantry
P
P
P
P
P
P
Training facility for police, fire, or emergency services
P
S
Transportation Uses
M i
Bus pa al OF Stat 9R
Limousine service
Parking lot facility
Parking, off -site
Parking structure facility
Railroad passenger terminal or station
Transit station
Utility Uses
Broadcasting studio or station
Broadcasting tower
Utility distribution or collection, basic
Utility distribution or collection, transitional
Wireless telecommunications facility, small cell on existing structure
Wireless telecommunications facility, stealth
Wireless telecommunications facility, not otherwise listed
Agricultural Uses
Agricultural operations
Stable, commercial
Wildlife rescue shelter or refuge area
Accessory Uses
Accessory uses, not otherwise listed in this Table
5 S S 5 S S S S
P 36.2 -428
P
P P P P P P P P 36.2 -403
S
S
S
36.2 -432
P P
P
P
P
P P
P
5 S
S
S
S
S 5
5
P P
P
P
P
P P
P
36.2 -432
P P
P
P
P
P P
P
36.2 -432
5 S
5
5
S
S S
S
36.2 -432
5 S S 5 S S S S
P 36.2 -428
P
P P P P P P P P 36.2 -403
Accessory apartment
Home occupation, excluding personal servia
Home occupation, personal service
Homestay
Outdoor display area
Outdoor recreation facility lighting or sports
Outdoor storage
Recycling collection point
Resident manager apartment
Temporary health care structure
Wind turbine, commercial
Wind turbine, small
"P" indicates a use permitted as of right.
A
"S" indicates a use permitted only by special exception.
402
413
413
l
405
422
403
423
403
P 36.2 -403
S
P
P
+I
I
P
P
S
P
36.2
36.2
P
P
P
PFT36.2
S
P
P
P
P
TI
36.2
P
IP
IP
P
I
36.2
Aadium lighting
S --"M
6.2
_
36.2
5
P
P
36.2
"S" indicates a use permitted only by special exception.
402
413
413
l
405
422
403
423
403
P 36.2 -403
S
5
S
S
S
36.2 -403
S S S
S
S S
S
S
36.2 -403
A blank cell indicates the use is not permitted; any use not listed in this table is not permitted in multiple purpose districts.
Iii
Sec. 36.2 -322. - Use table for industrial districts.
District
Residential Uses
Dwelling, single - family detached
Dwelling, two family
Dwelling, multifamily
Dwelling, townhouse or rowhouse
Accommodations and Group Living Uses
Hotel or motel
Commercial Uses: Office and Related Uses
Business service establishment, not otherwise listed
Employment or temporary labor service
Financial institution
Laboratory, dental, medical, or optical
Laboratory, testing and research
Office, general or professional
Offir^ geReFal ^ F ffefeSSieRal, IaFge � i
Commercial Uses: Miscellaneous
Animal hospital or veterinary clinic, no outdoor pens or runs
Animal hospital or veterinary clinic, with outdoor pens or runs
I- I- Supplemental
1 2 AD Regulation
Section
S
S
S
S 36.2 -431
P
P
P
P P
P P P
P P P
P
P P
P
S
Caterer, commercial
Drive- through facility
Kennel, no outdoor pens or runs
Kennel, outdoor pens or runs
Live -work unit
Mixed -use building
Outdoor advertising sign
Pet crematorium
Pet�ng
Studio /multimedia production facility
Commercial Uses: Retail Sales and Service
Bakery, confectionary, or similar food production, retail
Building supplies and materials, retail
Car wash, not abutting a residential district
Car wash, abutting a residential district
Commercial motor vehicle rental establishment
Commercial motor vehicle sales and service establishment, new
Commercial motor vehicle sales and service establishment, used
Contractor or tradesman's shop, general or special trade
D
Dry cleaning plant or commercial laundry
447
P
P
36.2 -409
P
S
S
36.2 -416
S
36.2 -416
P P
36.2 -675
P
P
P
P
P P
P
S
P
P
P
P P
P
P
36.2 -406
36.2 -406
36.2 -407
36.2 -407
M iii
Gasoline station
General service establishment, not otherwise listed
Lumberyard
Manufactured or mobile home sales
Motor vehicle rental establishment, without inventory on -site
Motor vehicle rental establishment, with inventory on -site
Motor vehicle repair or service establishment
Nursery or greenhouse, commercial
Recreational vehicle or boat sales
Retail sales establishment, not otherwise listed
Storage building sales
Industrial Uses
Asphalt or concrete plant
Bakery, confectionary, or similar food production, wholesale
Biosolids field
Building supplies and materials, wholesale
Commercial printing establishment
Composting facility
Contractor's shop, heavy construction
P 36.2 -411
P
P P P
P
P P
P
P P
P P
P P
P
P
P P
P
S
P P
S
P P P
P P P
S
P P
36.2 -419
Dairy products, processing, bottling, and wholesale distribution
Electrical component assembly, wholesale distribution
Fuel oil distribution
Fueling station, commercial or wholesale
Junkyard
Manufacturing: Beverage or food processing, excluding poultry and animal slaughtering and
dressing
Manufacturing: Chemical, refining or processing, including the manufacture, refining or processing
of ammonia, bleach, bluing, calcimine, chlorine, corrosive acid or alkali, dyes, fats, fertilizer, gutta
percha, gypsum, lampblack, oils, oxygen, paints, plaster of Paris, potash, rubber, shellac, tar,
turpentine, vinegar, yeast
Manufacturing: Chemical, refining or processing, not otherwise listed in this table
Manufacturing: General, not otherwise listed in this table
Manufacturing: Steel or metal production, fabrication, or processing
Manufacturing: Wood products
Meat packing and poultry processing
Milling or feed and flour mills
Motor vehicle or trailer painting and body repair
Outdoor storage lot
Quarry
Recycling center
Tire recapping
Towing service
Welding or machine shop
P P I
P P P
S P
PP
i
S S 36.2 -414
P P
E
P 'P
P P P
S P P
P
S
S S
S P
S S S
S
S S
S
P P
P P
36.2 -418
36.2 -414
36.2 -430
450
Workshop
Wrecker yard
Warehousing and Distribution Uses
Distribution center, not otherwise listed
Self- storage building
Self- storage facility
Storage of commercial motor vehicles
Storage of motor vehicles for rental (no on -site rental or leasing facility)
Tank farm, petroleum bulk station and terminal, or other aboveground storage of flammable
liquids
Warehouse
Assembly and Entertainment Uses
Amphitheatre
Amusement, commercial, outdoor
Eating establishment
Eating and drinking establishment, abutting a residential district
Eating and drinking establishment, not abutting a residential district
Entertainment establishment, abutting a residential district
Entertainment establishment, not abutting a residential district
Go -cart track
Health and fitness center
Microbrewery or microdistillery
P P P
S S 36.2 -414
P P
S
P P P
P P
P
P P
P P P
P P
P P
P P
S
P P P
P P P
I
451
Paintball facility, outdoor
S
Park or playground
P
P P
Recreation, indoor
P
Recreation, outdoor
P
P P
Theater, movie or performing arts
P
P P
Public, Institutional, and Community Uses
Artist studio
P
Community garden
P
P P
36.2 -407.1
Educational facilities, business school or nonindustrial trade school
P
P
Educational facilities, industrial trade school
P
P
Educational facilities, school for the arts
P
P P
Fire, police, or emergency services
P
P
Government offices or other government facility, not otherwise listed
P
P
Military reserve or National Guard center
P
P
Post office
P
P
Supply pantry
P
Training facility for police, fire, or emergency services
P
P
Transportation Uses
Airport or airport - related commercial and personal service uses
P
Bus maintenance, including repair and storage
P
P
Limousine service
P
P P
Motor freight terminal or truck terminal
P
P P
452
Parking lot facility
Parking, off -site
Railroad freight yard, repair shop, and marshalling yard
Taxicab business
Transit station
Utility Uses
Broadcasting studio or station
Broadcasting tower
Hazardous materials facility
Utility distribution or collection, basic
Utility distribution or collection, transitional
Utility generation or treatment
Utility maintenance and service facility
Wireless telecommunications facility, small cell on existing structure
Wireless telecommunications facility, stealth
Wireless telecommunications facility, not otherwise listed
Agricultural Uses
Agricultural operations
Animal shelter
Accessory Uses
Accessory uses, not otherwise listed in this Table
P
P P P 36.2 -652
P
P 'P P '
API l
P
S S 36.2 -432
S
P P P
P P S
P
P P
P P P 36.2 -432
P P P 36.2 -432
S P S 36.2 -432
P P P
P P
P P P 36.2 -403
i
453
Outdoor recreation facility lighting or sports stadium lighting
S
S S
36.2 -403
` Outdoor storage
P
P P
36.2 -423
Portable storage container
P
P
36.2 -403
Recycling collection point
P
36.2 -403
Resident manager apartment
P
P
36.2 -403
Temporary health care structure
Wind turbine, commercial
P
P
36.2 -403
Wind turbine, small
P
P P
36.2 -403
"P" indicates a use permitted as of right.
"S" indicates a use permitted only by special exception.
A blank cell indicates the use is not permitted; any use not listed in this table is not permitted in industrial
FesideRtial districts.
Sec. 36.2 -327. - Use table for planned unit development districts.
Supplemental
MXPUD INPUD IPUD Regulation
Section
Residential Uses
Dwelling, single - family attached P
Dwelling, single - family detached P
Dwelling, two - family P
Dwelling, multifamily P P
Dwelling, townhouse or rowhouse P 36.2 -431
Accommodations and Group Living
Bed and breakfast
P
P
Campground
P
P
Dormitory
P
Group care facility, congregate home, elderly
P
P
Group care facility, congregate home, not otherwise listed
P
Group care facility, group care home
P
Group care facility, halfway house
P
Group care facility, nursing home
P
P
Group care facility, transitional living facility
P
Group home
P
P
Hotel or motel
P
P
Commercial Uses: Office and Related Uses
B
P
Business service establishment, not otherwise listed
P
P P
Financial institution
P
P P
Laboratory, dental, medical, or optical
P
P P
Laboratory, testing and research
P P
Medical clinic
P
P
Office, general or professional
P
P P
455
r
Office, R al „ „fe al IaFge ago
P
P
P
Outpatient mental health and substance abuse clinic
S
Commercial Uses: Miscellaneous
Animal hospital or veterinary clinic, no outdoor pens or runs
P
Animal hospital or veterinary clinic, outdoor pens or runs
P
Caterer, commercial
P
Community market
P
Drive - through facility
P
P
P 36.2 -409
Drive - through kiosk
P
36.2 -409
Live -work unit
P
P
36.2 -416
Mixed -use building
P
P
36.2 -416
Studio /multimedia production facility
P
P
P
Commercial Uses: Retail Sales and Service
Bakery, confectionary, or similar food production, retail
P
P
P
Building supplies and materials, retail
P
P
P
Contractor or tradesman's shop, general or special trade
P
P
P
Dpo ek up statiOR
i
P
P
P
Dry cleaning plant or commercial laundry
P
General service establishment, not otherwise listed
P
P
P
Laundromat
P
P
�J
Lumberyard
P
Motor vehicle rental establishment, without inventory on -site
P
i
Motor vehicle rental establishment, with inventory on -site
P
Nursery or greenhouse, commercial
P
Personal service establishment, not otherwise listed in this table P
P
Peggreeaa+ag P
P
Retail sales establishment, not otherwise listed P
P P
Industrial Uses
Bakery, confectionary, or similar food production, wholesale
P
Building supplies and materials, wholesale
P
Commercial printing establishment
P
Contractor's shop, heavy construction
P
Dairy products, processing, bottling, and wholesale distribution
P
Electrical component assembly, wholesale distribution
P
Fuel oil distribution
P
Fueling station, commercial or wholesale
P
Manufacturing: Beverage or food processing, excluding poultry
and animal slaughtering and dressing
P
Manufacturing: Chemical, refining or processing, not otherwise
listed in this table
P
Manufacturing: General, not otherwise listed in this table
Manufacturing: Steel or metal production, fabrication, or
processing
Milling or feed and flour mills
Welding or machine shop
Warehousing and Distribution Uses
Distribution center, not otherwise listed
Self- storage building P
Warehouse
Assembly and Entertainment Uses
Amphitheater P
Amusement, commercial, indoor P
Botanical garden or arboretum P
Club, lodge, civic, or social organization P
Community center P
Eating establishment P
Eating and drinking establishment, not abutting a residential
P
district
Eating and drinking establishment, abutting a residential district P
Entertainment establishment, abutting a residential district P
Entertainment establishment, not abutting a residential district P
17
P
P
P
F&
IS
P
P
P
P P
P P
P P
P P
P P
457
M161-81,
Golf course
P
Health and fitness center
P
Meeting hall
P
Park or playground
P
Place of worship
P
Recreation, outdoor
P
Sports stadium, arena, or coliseum
Public, Institutional, and Community Uses
Aquarium or planetarium
Artist studio
P
Community food operation
Community garden
P
Day care center, adult
P
Day care center, child
P
Day care home, child
P
Educational facilities, business school or nonindustrial trade
school
P
Educational facilities, college /university
Educational facilities, elementary /middle /secondary
Educational facilities, industrial trade school
P
P
P
P
P
P
P
P
P
P
P
P
P
P an
am
P 36.2 -407.1
P P
G
36.2 -408
Educational facilities, school for the arts
Fire, police, or emergency services
Government offices or other government facility, not otherwise
listed
Hospital
Library
Military reserve or National Guard center
Museum
Post office
Supply pantry
Training facility for police, fire, or emergency services
Transportation Uses
Bus maintenance, including repair and storage
Motor freight terminal or truck terminal
Parking, off -site
Taxicab business
Transit station
Utility Uses
Broadcasting studio or station
Broadcasting tower
P P
P
P P
P
P P
P P
P P
P P
P
P P
P P
P P
P
S
459
P
P
P 36.2 -652
P
P
P
S 36.2 -432
Hazardous materials facility
S S
Utility distribution or collection, basic
P
P P
Utility distribution or collection, transitional
S
P P
Utility maintenance and service facility
i
P
Wireless telecommunications facility, small cell on existing
structure
P
P P 36.2 -432
Wireless telecommunications facility, stealth
P
P P 36.2 -432
Wireless telecommunications facility, not otherwise listed
P
P P 36.2 -432
Agricultural Uses
Agricultural operations
P
P P
Accessory Uses
Accessory uses, not otherwise listed in this Table
P
I
P P 36.2 -403
Accessory apartment
1 PS
P P 36.2 -402
Home occupation, excluding personal service
P
P 36.2 -413
Home occupation, personal service
P
P 36.2 -413
Outdoor recreation facility lighting or sports stadium lighting
S
S 36.2 -403
Outdoor storage
P 36.2 -423
Portable storage container
P 36.2 -403
Recycling collection point
P 36.2 -403
Resident manager apartment
P P 36.2 -403
M
461
Temporary health care structure
Wind turbine, commercial
S
S
S
36.2 -403
Wind turbine, small
S
S
S
36.2 -403
"P" indicates a use permitted as of right.
"S" indicates a use permitted only by special exception.
A blank cell indicates the use is not permitted.
Sec. 36.2 -405. - Bed and breakfast, homestay, and short -term rental establishments.
(c) Standards for bed and breakfast establishments in the MX and CN districts.
(1) The owner or on -site manager shall reside on the pFere+sesproperty.
(2) The establishment may have up to ten (10) bedrooms used exclusively for rent including
guest sleeping rooms in detached accessory structures. A living room, dining room, or both
shall be provided.
(3) Rooms shall be rented on a daily or weekly basis. Stays shall not exceed fourteen (14) days.
(4) The establishment may include a meeting hall as an accessory use.
(d) Standards for homestay establishments.
(1) Changes made to the exterior of the building occupied by the homestay shall maintain the
residential character of the building.
(2) The homestay shall have no more than two (2) bedrooms for guests and shall accommodate
no more than four (4) total guests. No more than one (1) homestay shall be permitted per
property.
(3) Rooms shall be rented only on a daily or weekly basis. Stays shall not exceed fourteen (14)
days.
(4) The owner or leaseholder shall also occupy the property during guest stays.
Sec. 36.2 -410. - Fences, walls, arbors, and trellises.
(b) Fence and wall standards.
(1) No fence or wall that exceeds a height of 36thirty -sip (36) inches from graded ground level
shall be permitted within a sight distance triangle.
462
(2) No fence located in an area as set forth in subsections (A) and (B) below shall be a solid
fence, unless otherwise required by this chapter. Lattice, open wire, or any other fence type
with 25 McRty- fine (254 percent or more open area shall be permitted.
(A) On a lot with only one (1) lot frontage: Between the building line and the lot frontage;
or
(B) On a lot with more than one (1) lot frontage: Between the building line on which the
principal entrance to the building is situated and the lot frontage which it faces.
(3) The maximum height for fences and walls shall be based on the following schedule:
Zoning
Location on Lot
District
Maximum Height
of Fence or Wall
On a lot with only one (1) lot frontage: between the
building line and the lot frontage; or
On a lot with more than one (1) lot frontage:
between the building line on which the principal 4842 inches
entrance to the building is situated and the lot
frontage which it faces
RA, R -12, R -7, R -5,
R -3, RM -1, RM -2, On a lot with more than one (1) lot frontage:
RMF, IN, MX, between any building line on which the principal
MXPUD entrance to the building is not situated and the lot 6 feet
frontage which that building line faces
Any required side or rear yard
D, ROS, CN, CG, CLS,
Any required yard
INPUD, OF
1 -1, 1 -2, IPUD, AD Any required yard
* x
Sec. 36.2 -429. - Temporary uses.
6 feet, except where one (1) of these districts abuts a D,
ROS, CN, CG, CLS, 1 -1, 1 -2, IPUD, INPUD, or AD District,
maximum height shall be that of the abutting district
along that abutting property line
8 feet
10 feet
(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:
Table 429 -1. Temporary Uses
Activity Zoning Zoning
y g Duration Frequency per Lot Permit
Districts
Required?
Where
Permitted
Auction Any district 3 calendar days
RA, CN, CG, CLS, 1 -1,
Christmas tree sales 60 calendar days
1 -2, OF
Construction - related activities or
model home office, Temporary
Government or Public Services Any district
Facility, subject to subsection (b),
below
Fireworks stand, subject to Section
21 -207 of this Code CG, CLS, OF
1 /Calendar Year
1 /Calendar Year
For duration of construction
activity or emergency need Not applicable
30 calendar days 1 /Calendar Year
463
No
Yes
Yes
Yes
CN, CG, CLS, D,
Mobile food and beverage vending
ROS, Industrial UF,
No limitation
Not applicable No
districts, and PUD
districts
Outdoor retail sales, subject to
subsection (c), below
CG, CLS, OF
10 calendar days
4 /Calendar Year Yes
RA, R -12, R -7, R -S, R -3, RM -1,
RM -2, RMF, MX, MXPUD:
•30 consecutive calendar days,
except 60 consecutive calendar
days when there is a change of
Portable storage containers, subject
residency in a dwelling unit
to subsection (d), below
Any district
-Limited to 120 days per
See maximum duration Yes
calendar year
CN, CG, CLS, 1 -1, 1 -2, D, IN, ROS,
AD, INPUD, IPUD, UF:
•120 consecutive days
-Limited to 120 days per
calendar year per lot
Produce stand (not applicable to
RA, CN, CG, CLS, I -1,
90 calendar days, limited to 1
community markets)
1 -2, OF
permit per any 90- calendar day
Not applicable Yes
period per lot
Public events, subject to subsection
CN, CG, CLS, D, IN,
(e), below
ROS, 1 -1, 1 -2, IPUD,
14 calendar days
Not applicable Yes
INPUD, OF
Two /Calendar Year, with
Public events, exempt from an interval of at least
Any district Two calendar days
subsection (e) below three months between No
events
Temporary, short -term filling,
grading or borrow operation, An District 90 consecutive calendar day
Any Once /2 Year Period Yes
subject to subsection (f) below period
Any residential 21 with an interval of at
(g)44, Yard or garage sales, subject to 2 consecutive calendar days,
district or dwelling least 3 months between No
subsection (g)), below limited to the daylight hours
unit sales
(b) Construction- related activities and temporary government or public services facilities.
(1) Temporary structures are permitted in connection with the site of building and land
development or redevelopment, as set forth in Table 429 -1. Such building and land
development or redevelopment shall include grading, paving, installation of utilities,
building construction, and the like, and such structures may include offices, model home
offices, construction trailers, and storage buildings, as well as portable storage containers
and construction refuse containers.
(2) Refuse containers on construction sites shall be subject to the following requirements:
(A) No construction refuse container may impede pedestrian or vehicular access to and
from adjoining properties or otherwise create an unsafe condition for pedestrian and
vehicular traffic;
(B) Every construction refuse container shall clearly identify the owner of such dumpster
and telephone number and shall be clearly labeled for the purpose of containment
of construction materials only; and
(C) Every construction refuse container shall be emptied when full so as not to create an
unsightly or dangerous condition on the property resulting from the deposit,
existence, and accumulation of construction materials.
(3) Temporary Government or Public Services Facilities. Temporary government or public
services facilities, such as mobile classrooms, mobile offices, emergency shelters are
permitted during an emergency or while a permanent facility is under construction to
provide essential public services.
465
Sec. 36.2 -522. - Zoning permits.
(a) Applicability. The following activities require a zoning permit issued by the Zoning Administrator:
(1) The erection, construction, placement, reconstruction, movement, relocation,
modification, demolition, addition, or structural alteration of any structure requires a
zoning permit issued by the Zoning Administrator, including installation of outdoor
lighting, construction or creation of parking and loading areas, and installation of signs
and the installation of required landscaping and screening; except that the following
activities are exempt from the zoning permit requirement:
A. Construction of accessory structures, walls, or swimming pools which are
otherwise exempt from permit requirements pursuant to the Virginia
Construction Code. (Ref. Sec. 108.2 Exemptions from application for
permit);
B. Construction of fences, arbors, and trellises;
Sec. 36.2 -647. - Buffering and screening.
Table 647 -1. Buffering and Screening of Certain Uses and Activities
Buffering or
Activity or Use
Location
Screening
Minimum
Materials
Height
Wolf of a principal building that
contains less than 1S%
Between the wall and an abutting residential
Buffer: Deciduous trees
transparency
district or MXPUD district.
and evergreen shrubs
None
Base of a retaining wall 5 or more
Between the wall and an abutting residential
feet in height within 10 feet of
district, multiple purpose district, or PUD district,
Buffer: Evergreen
18 inches
property line
or between the wall and an .
y public right -of -way.
shrubs
Any commercial or industrial
Between the location of the activity and any
process or activity occurring
abutting residential district, multiple purpose
Screen: Solid fence or
outside of a wholly enclosed
district, or PUD district, located within 15 feet of
wall
8 feet
building
property line of the abutting lot or lots.
Activity or Use Location Buffering or Screening Minimum Height
Materials
Loading area, bay door, loading Between the loading area or loading dock and any Screen: Solid fence,
dock, or truck terminal abutting residential district, multiple purpose wall, or evergreen tree 6 feet
district, or PUD district. screen
Commercial motor vehicle sales or
service, new or used, or Between any display or service areas and any Screen: Solid fence,
commercial motor vehicle storage abutting residential district
solid wall, or evergreen 6 feet
area tree screen
Between any speaker and any abutting residential
Drive - through facilities district, where the speaker is directed toward the Screen: Solid wall 6 feet
abutting residential district
Between the pumps and canopy and any abutting Screen: Solid fence,
Gasoline stations residential district solid wall, or evergreen 6 feet
tree screen
Perimeter of any area where the storage,
Screen: Solid fence or
Junkyards, wrecker yards, and collection, processing or other associated activity
solid wall, and 6 feet
recycling centers occurs, and which is not wholly enclosed within a
building
evergreen tree screen
Motor vehicle or trailer painting Perimeter of any area used to store any visibly Screen: Solid fence,
and body repair .damaged or inoperative vehicles solid wall, or evergreen 6 feet
tree screen
Perimeter of the refuse container storage area
Refuse container storage area
Exception: Not required where the aggregate
Screen: Solid fence or
12" above the
capacity of refuse containers is less than 0.5 cubic
wall
height of tallest
yard
container
Perimeter of the mechanical equipment that
Ground - mounted mechanical
would otherwise be visible from any street
Screen: Fence or wall
6" above the
equipment, more than 36 inches in
frontage or adjacent property
with a maximum of
height of the
height
Exception: Not required where the use is a single -
40% open area68°6 or
j
tallest unit
family detached dwelling or a two - family dwelling
° ` - -P-` '
Perimeter of the mechanical equipment that
Option 1
Ground - mounted mechanical
would otherwise be visible from any street
Fence or wall with a
Option 16" above
equipment up to 36 inches in
frontage or adjacent property
maximum of 40% open
the height of the
tallest unit or
height
Exception: Not required where the use is a single-
area
Option 2
Option inches
family etached or a two-family dwelling
Y Y g
Evergreen shrubs
at planting
i g
Perimeter of the mechanical equipment that
% vertical height
Mechanical equipment on roof
would otherwise be visible from any street
Screen; Fence or wall
with a maximum of
of equipment
frontage
from adjacent
Exception: Not required in any industrial district
40% open area.
street
Between wash bay openings and any abutting
Screen: Solid fence,
Car wash
residential district, multiple purpose district, or
solid wall, or evergreen
6 feet
PUD district.
tree screen
Commercial motor vehicle sales or
service, new or used, or Between any display or service areas and any Screen: Solid fence,
commercial motor vehicle storage abutting residential district
solid wall, or evergreen 6 feet
area tree screen
Between any speaker and any abutting residential
Drive - through facilities district, where the speaker is directed toward the Screen: Solid wall 6 feet
abutting residential district
Between the pumps and canopy and any abutting Screen: Solid fence,
Gasoline stations residential district solid wall, or evergreen 6 feet
tree screen
Perimeter of any area where the storage,
Screen: Solid fence or
Junkyards, wrecker yards, and collection, processing or other associated activity
solid wall, and 6 feet
recycling centers occurs, and which is not wholly enclosed within a
building
evergreen tree screen
Motor vehicle or trailer painting Perimeter of any area used to store any visibly Screen: Solid fence,
and body repair .damaged or inoperative vehicles solid wall, or evergreen 6 feet
tree screen
467
Motor vehicle repair or service Perimeter of any area used to store any visibly Screen: Solid fence,
establishment damaged or inoperative vehicles solid wall, or evergreen 6 feet
tree screen
Motor vehicle sales and service Between the display area and any abutting Screen: Solid fence,
establishment, new or used residential district solid wall, or evergreen 6 feet
tree screen
Between the facility and any abutting residential
Outdoor sports facility Buffer: Deciduous trees None
district.
Between the storage area and any abutting
Outdoor storage or self - storage residential district, multiple purpose district, or Screen: Solid fence,
facility PUD district. Between the storage area and any solid wall, or evergreen 6 feet
residential district, multiple purpose district, or tree screen
PUD district across a street
Outdoor storage lot
Portable storage container as
accessory use
Recycling collection point
Between the storage area and any abutting
residential, multiple purpose district, or PUD
district and between the storage area and any
residential, multiple purpose, or PUD district
across a street
Along street frontage when not abutting a
residential, multiple purpose, or PUD district
across a street.
Screen: Solid fence,
solid wall, or evergreen
6 feet
tree screen
Deciduous trees
Between container storage area and any abutting
Screen: Solid fence or
residential district, multiple purpose district, or 6 feet
PUD district. solid wall
Between any receptacle and any abutting
Screen: Solid fence or
residential district, multiple purpose district, or solid wall 6 feet
PUD district.
Perimeter of any storage area for damaged or Screen: Solid fence or
Towing services 6 feet
inoperative motor vehicles or trailers solid wall
Wireless telecommunications Perimeter of the base of the facility and Screen: Solid fence,
facility equipment equipment
solid wall, or evergreen 6 feet
tree screen
Wireless telecommunications Frontage facing a street or side visible from a
tower, less than 100 feet in height public street or visible from an abutting Buffer: Evergreen trees
residential district
Frontage facing a street or side visible from a
Wireless telecommunications Buffer: Large deciduous
public street or visible from an abutting
tower, 100 feet in height or greater trees
residential district
�•i
Sec. 36.2 -652. - Minimum parking.
Table 652 -2. Required Parking Spaces
Use
Minimum Number of Parking Spaces Required
Maximum
Calculated as 1 Space for Each Specified Unit
Parking
Accessory Uses
Accessory uses
None
N
Residential Uses
Dwelling, single - family attached
0.6 dwelling unit
N
Dwelling, single - family detached
None
N
Dwelling, two - family
0.6 dwelling unit
N
Dwelling, multifamily, elderly (intended and designed
exclusively to house the elderly)
1.3 dwelling unit
N
Dwelling, multifamily, other than elderly
N
Dwelling
0.6 dwelling unit
N
Townhouse or row house
0.6 dwelling unit
N
Dwelling, manufactured home
N
> Dwelling, mobile home
Not applicable
N
Accommodations and Group Living
Bed and breakfast
Guest bedroom, plus 2 spaces
N
Boarding house
N
3 rooms or dwelling units
Dormitory
N
Group care facility, congregate home, elderly
r._ w Group care facility, congregate home, not otherwise
listed in this table
Group care facility, group care home
Group care facility, halfway house
Group care facility, nursing home
Group care facility, transitional living facility
Group home, subject to Section 15.2 -2291, Code of
Virginia
Hotel or motel
Commercial Uses: Office and Related Uses
7
N
N
—r
Room; add spaces for meeting or restaurant area as additional
principal uses. y
Blood
Business service establishment, not otherwise listed
in this table 300 sf net floor area
EmpleymeRt
Financial institution
Laboratory, dental, medical, or optical
Laboratory, testing and research 1,000 sf net floor area
Medical clinic
Office, general or professional 300 sf net floor area
Outpatient mental health and substance abuse clinic
Commercial Uses: Miscellaneous
y
y
y
y
N
N
y
y
y
Animal hospital or veterinary clinic y
Caterer, commercial 500 sf net floor area
y
470
Community market
Drive - through facility
Drive - through kiosk
Flea market
Funeral home
Kennel
Live -work unit
Mixed -use building
Outdoor advertising sign
Pet crematorium
Studio /multimedia production facility
Commercial Uses: Retail Sales and Service
Bakery, confectionary, or similar food production
retail
Not applicable
500 sf of IRGleeF OF 91AGIGOF display area
4 seats in largest chapel or viewing room
1,000 sf net floor area
1.5 dwelling unit
Subject to the requirements of the uses in the building
None
1,000 sf net floor area
500 sf net floor area
Building supplies and materials, retail
300 sf net floor area
Business service establishment, not otherwise listed
in this table
Car wash
1.5 self- service bay
0.25 automated service bay
Commercial motor vehicle rental establishment
1,000 sf net floor area
Commercial motor vehicle sales and service
establishment, new or used
5,000 sf of lot area
Contractor or tradesman's shop, general or special
trade
600 sf net floor area
i
Y
Y
Y
Y
Y
Y
Y
Y
N
Y
Y
Y
Y
Y
Y
0
W
Y
Y
i
!Y
Personal service establishment, not otherwise listed
471
Dry cleaning plant or commercial laundry
500 sf net floor area
y
Gasoline station
None
y
Recreational vehicle or boat sales
1,000 sf net floor area
Y
General service establishment, not otherwise listed in
this table
1,000 sf of retail showroom area
N
tubs, spas
350 sf net floor area
y
Laundromat
table
2S0 sf of retail area
Y
Lumberyard
1,000 sf net floor area
y
Manufactured or mobile home sales
500 sf of sales and service building
y
Motor vehicle rental establishment
1,000 sf net floor area
N
Motor vehicle repair or service establishment
1.5 service bay
y
Motor vehicle sales and service establishment, new or
used
750 sf net floor area
y
Nursery or greenhouse, commercial
1,000 sf of indoor floor sales area plus 1 space for every 1,000
sf
N
of greenhouse or net outdoor sales and customer display area
Personal service establishment, not otherwise listed
in this table
300 sf net floor area
y
Pet grew
5
y
Recreational vehicle or boat sales
1,000 sf net floor area
y
Retail sales establishment —Large appliances,
furniture, household fixtures, swimming pools, hot
1,000 sf of retail showroom area
N
tubs, spas
Retail sales establishment, not otherwise listed in this
table
2S0 sf of retail area
y
Storage building sales
500 sf of sales building
y
Tattee paflef
399 sf Ret
! _
Y
Industrial
472
All industrial uses 1,000 sf up to 10,000 sf of building area, then 1 space for every
2,000 sf of remaining building area N
Warehousing and Storage
5,000 sf up to 50,000 sf of building area, then 1 space for every
Distribution center, not otherwise listed in this table N
10,000 sf of remaining building area
Self- storage building
Self- storage facility
Storage of commercial motor vehicles Not Applicable N
Storage of motor vehicles for rental (no on -site rental
or leasing facility)
Tank farm, petroleum bulk station and terminal, or 1,000 sf up to 10,000 sf of building area, then 1 space for every
other aboveground storage of flammable liquids 2,000 of remaining building area N
Warehouse 5,000 sf up to 50,000 sf of building area, then 1 space for every
10,000 sf of remaining building area N
Assembly and Entertainment
Adult uses
Amphitheater
Amusement, commercial, indoor
Amusement, commercial, outdoor
Botanical garden or arboretum
Club, lodge, civic, social, or fraternal organization
Community center
Eating establishment
Eating and drinking establishment
Entertainment establishment
Exhibition, convention, or conference center
Gaming establishment
Go -cart track
500 sf building area y
6 seats or 600 sf of total assembly area, whichever is greater y
2S0 sf net floor area y
1,000 sf of activity area y
Not applicable y
300 sf of net floor area N
100 sf net floor area N
8 persons of maximum load occupancy y
2S0 sf net floor area N
1,000 sf of activity area y
473
Golf course
0.5 holes
Y
• - Health and fitness center
5 persons of maximum load occupancy
y
Meeting hall
5 persons of maximum load occupancy
y
Paint ball facility, outdoor
2,000 sf of activity area
y
Park or playground, not otherwise listed in this table
None
N
4 seats or per 6 linear feet of bench seating in the portion of the
Place of worship
building to be used for services or the largest assembly room,
Y
whichever is greater
Recreation, indoor — Bowling alley
0.5 lane
y
Recreation, indoor —Ice skating or roller skating rink
200 sf of skating area
y
Recreation, indoor or outdoor — Basketball courts
0.5 court
y
Recreation, indoor or outdoor — Batting cages
0.5 cage
y
Recreation, indoor or outdoor — Skateboarding course
500 sf of skating area
y
Recreation, indoor or outdoor — Swimming pools
75 sf of water area
y
Recreation, indoor or outdoor — Tennis or other
racquet courts
0.75 court
y
Recreation, outdoor — Athletic fields
2,000 sf field area
y
Recreation, outdoor —Golf driving ranges
0.75 tee
y
Recreation, indoor, not otherwise listed in this table
500 sf of activity area
y
Recreation, outdoor, not otherwise listed in this table
1,000 sf of activity area
y
Sports stadium, arena, or coliseum
5 seats
y
Theater, movie or performing arts
5 seats
N
Zoo
2,500 sf of display area
y
Public, Institutional or Community Facilities
474
Aquarium or planetarium
2,000 sf net floor area
Artist studio
1,000 sf net floor area
Cemetery
None
Community food operation
1,000 sf net floor area
Community garden
None
Day care center, adult
8 persons as permitted by max occupancy
Day care center, child
8 children as permitted by max occupancy
Day care home, child
Not applicable
Educational facilities, business school or nonindustrial
school 4 students
Educational facilities, college /university
4 full -time equivalent students
Educational facilities, elementary
0.5 classroom
Educational facilities, middle
0.5 classroom
Educational facilities, secondary
7 students
Educational facilities, industrial trade school
5 students
Educational facilities, school for the arts
300 sf
Fire, police, or emergency services
500 sf
Government facility —Jail
20 inmate capacity
Government offices or other government facility, not
300 sf net floor area
otherwise listed in this Table
Hospital 500 sf net floor area
Library 500 sf net floor area
Military Reserve or National Guard Center 600 sf net floor area
Y
Y
N
N
Y
Y
N
Y
Y
Y
Y
y
Y
Y
N
N
Y
Y
Y
Y
M
475
Museum
1,000 sf net floor area
y
Post office
400 sf net floor area
y
Supply pantry
500 sf net floor area
y
Training facility for police, fire, or emergency services
600 sf net floor area
y
Transportation Uses and Structures
Airport
None
N
Airport - related commercial and personal service uses
300 sf net floor area
N
Bus maintenance, including repair and storage
2,000 sf building area
N
Bus passeRgeF teFFRqRAl OF qtatiAR
N eae
y
Limousine service
300 sf net floor area of office
N
Motor freight terminal or truck terminal
5,000 sf up to 50,000 sf of building area, then 1 space for every
10,000 sf of remaining building area
N
Railroad freight yard, repair shop, and marshalling
5,000 sf up to 50,000 sf of building area, then 1 space for every
yard
10,000 sf of [remaining] building area
N
Railroad passenger station
None
y
Taxicab business
300 sf net floor area of office
N
i
None
y
Transit station
Utility Uses and Structures
Broadcasting studio or station
300 sf net floor area
y
Broadcasting tower
None
N
Hazardous materials facility
300 sf office area
N
Utility distribution or collection, basic
None
N
Utility distribution or collection, transitional
None
N
Utility generation or treatment
300 sf office area
N
476
Utility maintenance and service facility 300 sf office area
Wireless telecommunications facility None
Agriculture
Agricultural operations None
Animal shelter
500 sf net floor area
Stable, commercial 4 stalls
Wildlife rescue shelter or refuge area 500 sf net floor area of office
"sf" means the net floor area in square feet for the principal structure, or use if the use occupies only part of a structure, unless
otherwise noted in the table.
"Y" means the maximum parking regulations set forth in Section 36.2 -653 shall apply.
"N" means the maximum parking regulations shall not apply.
APPENDIX A. - DEFINITIONS
For the purposes of this chapter, the following terms and words shall be defined as set forth below,
unless otherwise provided in this chapter:
gee e gee
Bus maintenance, including repair and storage: A facility for the storage, transient housing or parking
of buses for the purposes of performing maintenance and repairs and may include the incidental loading,
unloading and interchange of passengers not otherwise defined as a transit station.
Business service establishment: An establishment primarily engaged in the sale, leasing, or repair of
office equipment, supplies, and materials, or the rendering of services used by office, professional, and
service establishments. Typical uses include office equipment and supply firms, small business machine
repair shops, convenience printing and copying establishments, management and consulting services,
477
office security services, advertising and mailing services, data and records storage, janitorial services,
employment or temporary labor services and other professional, scientific, or technical services or
administrative or support services not otherwise specifically listed in the Use Tables in Article 3 of this
chapter.
Family: The term "family" includes:
(1) One (1) or more persons occupying a single dwelling unit and living and cooking together as a
single housekeeping unit, or
(2) Up to eight persons with mental illness, intellectual disability, or developmental disability
who reside with one or more resident or nonresident Up to and iRGludiRg eight (8) FReRtally ell,
MeRtally Fetarded, OF developmentally disabled persons who reside with one (1) or more Fesidem
staff persons in a residential facility for which the Department of Behavioral
Health and Developmental Services is the licensing authority pursuant to the Code of Virginia
(1950), as amended.
(3) Up to and including eight aged, infirm, or disabled persons who reside with one (1) or more
resident counselors or other staff persons in a residential facility for which the Department of
Social Services is the licensing authority pursuant to the Code of Virginia (1950), as amended.
The word "family" does not refer to more than four (4) persons unrelated by blood, marriage, or adoption
except as specifically provided in (2) of this definition. For purposes of this definition, mental illness and
developmental disability shall not include current illegal use of or addiction to a controlled substance as
defined in Section 54.1 -3401 of the Code of Virginia (1950), as amended.
Flea market: A market established at a permanent, fixed location, in an open area
where goods are offered for sale to the general public by independent vendors from open, semi -open, or
temporary stalls, tables, or other spaces and where there are ordinarily no long term leases between sellers
and operators.
Kennel: The keeping, raising, breeding, training, showing, renting, selling, or boarding of dogs or cats.
Such activity shall not be considered a kennel where accessory to a principal residential use, provided that
not more than four (4) dogs or four (4) cats, or six (6) cats if such six (6) cats have been spayed or neutered,
exceeding six (6) months of age are kept. Pet grooming may be included as an accessory use.
Laboratory, dental, medical, or optical: An establishment primarily engaged in bacteriological,
biological, x -ray, pathological, or similar analytical or diagnostic services to medical doctors or dentists, and
the production, fitting, or sale of optical or prosthetic appliances. Blood banks and plasma centers are
considered medical laboratories.
•
Personal service establishment: An establishment primarily engaged in the provision of frequent or
recurrent needed individual services generally related to personal needs, such as the care of a person or a
person's apparel, or the training and development of a person, including barber shops, beauty shops, nail
salons, tanning salons, pet grooming services, dry cleaning or laundry pick up stations, dressmakers and
tailors, shoe repair shops, art or music lessons, tattoo parlors or body piercing establishments and the like,
but not including medical services, r any use which is
otherwise specifically listed in the Use Tables in Article 3 of this chapter.
Retail sales establishment: An establishment engaged in the sale or rental of goods, merchandise,
or products directly to the consumer and including the incidental service of such merchandise. Retail
sales establishments include warehouse clubs, grocery stores, florists, convenience stores, department
stores, furniture stores, electronics stores, appliance stores, clothing stores, jewelry stores, drugstores,
photo finishing services and supplies, picture framing, art galleries, bookstores, shoe stores, automobile
parts and supplies store, antique stores, stationery stores, internet sales establishments, and similar
retail establishments but shall not include any use or establishment which is otherwise listed specifically
in the Use Tables in Article 3 of this chapter.
Transit Station: a designated station where passengers embark and disembark that is owned or
predominately operated by the public transit agency and may include a waiting area and restrooms for
passengers.
2. This ordinance will become effective immediately upon adoption.
3. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
\�A
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
479
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of November, 2020.
No. 41919 - 111620.
AN ORDINANCE exempting from real estate property taxation certain real
property, located in the City of Roanoke owned by Keystone Community Center, Inc.,
( "Applicant ") a Virginia non - stock, non - profit corporation, 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 Council to exempt certain real property
of the Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of
Virginia;
WHEREAS, a public hearing at which all citizens had an opportunity to be heard
with respect to the Applicant's petition was held by Council on November 16, 2020;
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 Applicant agrees that the real property to be exempt from taxation
is certain real estate, including the land and any building located thereon, at 101 17th
Street, S.E., Roanoke, Virginia (Tax Map #4210623), (the "Real Property "), and owned
by the Applicant, which 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 Real Property, were the Real Property not exempt from such taxation, for so long as
the Real Property is exempted from such taxation.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Council classifies and designates the Applicant a non - stock, non - profit
corporation, 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 the Real Property, which Real Property is owned by the Applicant and 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 Real 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 Real Property, were the Real Property not exempt from such
taxation, for so long as the Property is exempted from such taxation.
3. This Ordinance shall be in full force and effect on January 1, 2021, 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 James T. Jordan, Esquire.
5. Pursuant to Section 12 of the City Charter, the second reading of this
Ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC 4Serman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of November, 2020.
No. 41920- 111620.
AN ORDINANCE authorizing the lease of approximately 1,158.50 square feet,
more or less, of City owned property, located on the third floor of the Annex at Berglund
Center, located at 710 Williamson Road, Roanoke, Virginia 24016, to Sinclair Television
Stations, LLC, d /b /a WSET -TV, to be used for office and studio space; authorizing the
City Manager to execute a lease agreement with WSET for such purposes; and
dispensing with the second reading of this ordinance by title.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, as follows:
1. City Council authorizes the lease of approximately 1,158.50 square feet, more
or less, of City owned property, located on the third floor of the Annex at Berglund Center,
located at 710 Williamson Road, Roanoke, Virginia 24016, to Sinclair Television
•
Stations, LLC, d /b /a WSET -TV to be used for administrative offices and as a studio from
which its local coverages are broadcast, for an initial term of (3) years, commencing
January 1, 2021 through December 31, 2023, subject to two (2) additional renewal terms
of one (1) year each, as further set forth in the City Attorney's letter to Council dated
November 16, 2020.
2. The City Manager and the City Clerk are hereby authorized, to execute and
attest, respectively, in a form approved by the City Attorney, a lease agreement between
the City of Roanoke and Sinclair Television Stations, LLC, d /b /a WSET -TV, substantially
similar to the lease agreement attached to the City Attorney's November 16 letter to City
Council.
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
J_- Ywe_� , �J.L"
Cecelia F. McCoy, CMC 4Setrm'o_a�np. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of November, 2020.
No. 41921- 111620.
AN ORDINANCE accepting the bid of JS Project, LLC, to execute a Parking
Agreement with an initial term of twenty (20) years, with such entity having the option to
renew such Parking Agreement for up to four (4) additional five (5) year periods and which
Parking Agreement will allow such entity to obtain up to forty -five (45) Unreserved Parking
Permits for use of spaces in the City's Center In The Square Garage, upon certain terms
and conditions; authorizing the City Manager to execute such a Parking Agreement;
authorizing the City Manager to take such further actions and execute such further
documents as may be necessary to implement, administer, and enforce such Parking
Agreement; rejecting any other bids; 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 of a Parking Agreement for the purposes mentioned above;
M 0
We
WHEREAS, JS Project, LLC, bid(s) for the execution of a Parking Agreement 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 November 16, 2020;
WHEREAS, on November 16, 2020, JS Project, LLC, (Developer) submitted a bid
to the City for the execution of a Parking Agreement for the purposes mentioned above
upon substantially the same terms as contained in the proposed Parking Agreement that
was on file in the City Clerk's Office;
WHEREAS, the matter was referred to the City Manager for evaluation and
negotiation with Developer as to the final terms and conditions for such Parking
Agreement;
WHEREAS, negotiations between the City Manager and Developer have resulted
in a Parking Agreement that provides for Developer to obtain up to forty -five (45)
Unreserved Parking Permits in the City's Center In The Square Garage in order to allow
guests of a Hotel, to be constructed by Developer, to use parking spaces in Center In The
Square Garage, upon certain terms and conditions as set forth in the Parking Agreement,
for a period of twenty (20) years, starting on the date when the Hotel is issued a
permanent Certificate of Occupancy, provided the permanent Certificate of Occupancy is
issued by December 31, 2021, and ending at midnight on the last day of such 20 year
term, but with the Developer having the option to renew such Parking Agreement for up
to four (4) additional five (5) year periods, with each option being automatically exercised
and the Parking Agreement being renewed for each five (5) year term unless terminated
by Developer as provided in the Parking Agreement, unless sooner terminated as
provided for in such Parking Agreement or in accordance with the law;
WHEREAS, the City Manager recommends that Council accept the bid of
Developer and approve the execution of such Parking Agreement, substantially similar to
the copy attached to the City Council Agenda Report dated November 16, 2020;
WHEREAS, after proper and timely notice as required by the Code of Virginia,
Council held a Public Hearing on this matter at its regular meeting on November 16, 2020,
at which hearing all parties in interest and persons were given an opportunity to be heard,
both for and against the proposed Parking Agreement;
WHEREAS, City Council determined that the bid of Developer to execute a Parking
Agreement as set forth above, upon certain terms and conditions, was the most
responsive and responsible bid received by the City and Council desires to accept such
bid.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
J
•
1. Council accepts the bid of Developer and hereby makes an award for the
Parking Agreement to Developer, subject to certain terms and conditions as further noted
in the City Council Agenda Report dated November 16, 2020, to this Council and upon
such other terms and conditions as the City Manager may deem appropriate and agree
to. Council further finds that it will be in the best interest of the City to award the Parking
Agreement as set forth above and will help in promoting economic development in
downtown Roanoke. Any and all other bids made to the City for the above mater are
hereby rejected.
2. The City Manager is hereby authorized to execute a Parking Agreement
between the City and Developer that provides for Developer to obtain up to forty -five (45)
Unreserved Parking Permits in the City's Center In The Square Garage for the purposes
set forth above and subject to the terms of the Parking Agreement, which Agreement shall
be substantially similar to the one attached to the above mentioned City Council Agenda
Report and upon such other terms as the City Manager deems appropriate and agrees
to. Such Parking Agreement shall be in a form approved by the City Attorney. The bond
or security in the amount of $15,000.00 to be provided by the Developer shall be in such
form as the City Manager deems appropriate.
3. The Parking Agreement referred to above shall be for an initial term of twenty
(20) years, starting on the date when a permanent Certificate of Occupancy is issued for
the hotel to be constructed by Developer, provided the permanent Certificate of
Occupancy is issued by December 31, 2021, and ending twenty (20) years thereafter,
but with the Developer having the option to renew such Parking Agreement for up to four
(4) additional five (5) year periods with each option being automatically exercised and the
Parking Agreement renewed for each five (5) year period unless Developer terminates
the Parking Agreement as provided therein, unless sooner terminated as provide for in
such Parking Agreement or in accordance with the law.
4. The City Manager is further authorized to take such further actions and to
execute such further documents as may be necessary to implement, administer, and
enforce such Parking Agreement, which includes, but is not limited to, any needed
modifications to such Parking Agreement.
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:
Cecelia F. �l
McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 161h day of November, 2020.
No. 41922 - 111620.
A RESOLUTION petitioning the General Assembly to amend the Roanoke Charter
of 1952 to reflect a change in election dates and meetings of council generally.
WHEREAS, pursuant to Virginia Code Section 24.2.222.1(A) City Council adopted
an ordinance No. 41625- 111819, adopted November 18, 2019, to move the council
election date from May to the November general election date of even - numbered years,
commencing with the November 2020 general election date;
WHEREAS, Virginia Code Section 24.2.222.1(A) allows a city to move the council
election date from May to the November general election notwithstanding any contrary
provisions of a city charter, the tenants of good government dictate that the City amend
its Charter in accordance with Virginia Code Section 15.2 -202 in order to reflect the
change in the council election date adopted by City Council;
and WHEREAS, the required public hearing was conducted on November 16, 2020;
WHEREAS, after considering the matter and the comments made during the public
hearing, Council desires to request the General Assembly to amend its existing Roanoke
Charter of 1952.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
•
1. The City Attorney is directed to petition the General Assembly to amend the
Roanoke Charter of 1952 as follows to reflect such changes:
§4. Composition of council; terms of members; designation of vice- mayor;
vacancies.
The council as presently composed shall continue and shall consist of seven members,
one of which shall be the mayor, all of whom shall be elected at large and shall serve
for the respective terms as hereinafter provided. The members of council shall serve for
terms of four years, from the first day of J-ulyJanuary next following the date of their`
election and until their successors shall have been elected and qualified. The mayor
shall serve for a term of four years from the first day of J4yJanuary next following the
date of election and until a successor shall have been elected and qualified; provided,
however, that on the4+rst Tuesday following the first Monday in"November, nineteen
hundred seventy twG two thousand twenty, and on such day each four years thereafter,
three council members and a mayor shall be elected for a term of four years, and on the
4Fst- Tuesday following the first Monday in "November, nineteen hundred sevent -
fGw two thousand twenty -two, and each four years thereafter, three council members
shall be elected for a term of four years.
The member of council receiving the largest number of votes in each regular
councilmanic election shall be the vice -mayor of the city, for a term of two years, to
commence on the first day of Jay January next following the date of such election and
until the vice - mayor's successor shall have been elected and qualified.
The council shall be a continuing body, and no measure pending before such body shall
abate or be discontinued by reason of the expiration of the term of office or removal of
the members of council, or any of them. No person may be a candidate for the office
of mayor and for the office of council member in the same election.
Vacancies in the council or vacancy in the office of mayor shall be filled within tai gforty-
five days, and until the day upon which the terms of office of council members elected in
the next following regular councilmanic election shall commence, by a majority vote of
the remaining members of council, and if as much as two years of any such unexpired
term of a member of council or of the mayor remains at the time of such next regular
councilmanic election, a council member or a mayor, as the case may be, shall
be elected at such election for the remaining portion of such unexpired term.
§10. Meetings of council generally.
At two o'clock post meridian on the first Monday of Joy January next following each
regular municipal election, or if such day be a city holiday, then on the day following,
�i•
the council shall meet at the usual place for holding meetings of the legislative body of
the city, at which time the newly elected council members shall assume the duties of
their offices. Thereafter the council shall meet at such times as may be prescribed by
ordinance or resolution, provided, that it shall hold at least two regular meetings each
calendar month, and it shall so order and schedule meetings as to promptly and orderly
attend to the business and legislative affairs of the city. The mayor, any member of the
council, or the city manager, may call special meetings of the council at any time upon
at least twelve hours written notice to the mayor and each member, served personally
or left at his usual place of business or residence; or such meeting may be held at any
time without notice, on call of the mayor or the city manager provided at least five
members of the council attend such meeting. All meetings of the council shall be public,
and any citizen may have access to the minutes and records thereof at all reasonable
times, except where the public interest may require closed meetings.
§16. Time of holding municipal elections.
A municipal election shall be held on the f+r&t Tuesday following the first Monday in M-ay
November in two thousand twenty, and every second
year thereafter which shall be known as the regular election for the election of council
members.
2. The City Clerk is directed to provide a publisher's affidavit showing the
public hearing was advertised and a certified copy of the governing body's minutes
showing the action taken at the advertised public hearing to the members of the City's
delegation to the General Assembly, with the request that they introduce a bill in the 2021
Session of the General Assembly to amend the Roanoke Charter of 1952.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of November, 2020.
No. 41923 - 111620.
A RESOLUTION adopting and endorsing a Legislative Program for the City to be
presented to the City's delegation to the 2021 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 2021 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 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 recommended to
Council a Legislative Program to be presented at the 2021 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 the Legislative Committee is hereby
adopted and endorsed by the Council as the City's official Legislative Program for the
2021 Session of the General Assembly.
2. Council authorizes the City's legislative liaison to advocate on all matters
that arise during the 2021 Session of the General Assembly that may affect the interests
of the City. With respect to matters that are not specifically included in the 2021
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. A joint meeting of the School Board and City Council will be held on Monday,
December 7, 2020, at 9:15 a.m., to present the 2021 Legislative Program to the Senators
and Delegates.
ATTEST: APPROVED
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of December, 2020.
No. 41924- 120720.
A RESOLUTION accepting the additional Virginia Department of Transportation's
( "VDOT ") award of funds to the City in the total amount of $850,937 for the Franklin Road
Improvements Phase II project; authorizing the City Manager to execute a VDOT
Standard Project Administration Agreement for Federal -aid Projects and Appendix A; 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 additional VDOT award of funds in the
total amount of $850,937 for the Franklin Road Improvements Phase II project, with no
local match from the City, for the pedestrian infrastructure along the west side of Franklin
Road, from the 3500 block to the 3700 block, adjacent to the US Route 220 Expressway,
all as more fully set forth in the City Council Agenda Report dated December 7, 2020.
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 those attached to the above - mentioned City Council Agenda Report. Such Agreement
and Appendix A 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 $850,937 from VDOT, with no local match from
the City, for the above mentioned project, with any such documents to be approved as to
form by the City Attorney.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC
City Clerk
42-wcv�*-
fin-
Sherman P. Lea, Sr.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of December, 2020.
No. 41925 - 120720.
AN ORDINANCE to appropriate funding from the Virginia Department of
Transportation for traffic signal improvement projects, amending and reordaining certain
sections of the 2020 - 2021 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 2020 - 2021 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 - 9018 -9002 $
850,937
Appropriated from Fed Grant Funds
08- 530 - 9106 -9002
940,469
Revenues
Franklin RD Pedestrian Improvements - II
08- 530 - 9018 -9018
850,937
Franklin RD Pedestrian Improvements
08- 530 - 9106 -9106
940,469
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of December, 2020.
No. 41926- 120720.
AN ORDINANCE repealing Ordinance No. 41651- 010620, adopted on January 6,
2020; and adopting a restated Ordinance allowing a bus shelter encroachment by Greater
Roanoke Transit Company d /b /a Valley Metro ( "GRTC ") into the public right -of -way
located at the northeast corner of Peters Creek Road, N. W. and Shenandoah
Avenue, N.W., between the Food Lion driveway entrance and Peters Creek Road at the
Creekside Shopping Center, and which bus shelter will be located within the City Right -
of -Way, approximately 50 -55 feet south of a parcel owned by Food Lion, LLC, bearing
Official Tax Map No. 6030107, upon certain terms and conditions; and dispensing with
the second reading of this Ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Resolution No. 41651- 010620 adopted January 6, 2020, is hereby
REPEALED.
2. Authorization is hereby granted to GRTC to allow the encroachment of a GRTC
owned bus shelter to be placed in the City's public right -of -way located at the northeast
corner of Peters Creek Road and Shenandoah Avenue. The encroachment shall be
approximately 23 feet in length and 11 feet in width, as more particularly set forth and
described in the City Council Agenda Report dated December 7, 2020.
3. It is agreed by GRTC that in maintaining such encroachment, GRTC and its
grantees, assignees, or successors in interest agree to indemnify and save harmless the
City of Roanoke, its officers, agents, and employees from any and all claims for injuries
or damages to persons or property, including attorney's fees, that may arise by reason of
491
the above - described encroachment. GRTC agrees that the encroachment shall be
removed at any time from the right -of -way upon written demand of the City of Roanoke,
and that such placement and removal of the encroachment shall be at the sole cost and
expense of GRTC. GRTC agrees that it shall be responsible for the installation,
maintenance, operation, cleaning, repair, restoration, of the encroachment, and it shall
replace any damage to the bus shelter, and any damage to the land, caused by the
placement and removal of the encroachment, at GRTC's sole cost and expense.
4. GRTC, its grantees, assigns, or successors in interest, shall, for the duration of
this permit, maintain on file with the City Clerk's Office evidence of insurance coverage
for such bus shelter in an amount not less than $2,000,000 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 General
Manager for GRTC at 1108 Campbell Avenue, S. E., Roanoke, Virginia, 24013.
6. This Ordinance shall be in full force and effect at such time as a copy, duly
signed, sealed, and acknowledged by GRTC has been admitted to record, at the cost of
GRTC, in the Clerk's Office of the Circuit Court for the City of Roanoke and shall remain
in effect only so long as a valid, current certificate evidencing the insurance required in
Paragraph 4 above is on file in the Office of the City Clerk, or until the City requires the
removal of such bus shelter, which may be done in the sole discretion of the City by
sending written notice to GRTC to remove such bus shelter. In the event this Ordinance
is not signed by GRTC and recorded in the Circuit Court Clerk's Office for the City of
Roanoke within (90) days from the adoption of this Ordinance, this Ordinance shall
terminate and be of no further force and effect.
7. Pursuant to Section 12 of the City Charter, the second reading of this
Ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
'.,ems "e -- (/)& 06�t F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
492
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of December, 2020.
No. 41927- 120720.
AN ORDINANCE amending and reordaining subsection (e) (3) of Section 2 -305,
Equity and Empowerment Advisory Board, Division 1 Generally, Article XIV Authorities,
Boards, Commissions and Committees Generally Chapter 2, Administration. Code of the
City of Roanoke (1979), as amended; 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:
1. Amend and reordain subsection (e) (3) of Section 2 -305, Equity and
Empowerment Advisory Board, Division 1 Generally, Article XIV Authorities, Boards
Commissions and Committees GenerallyL Chapter 2, Administration, Code of the City of
Roanoke (1979), as amended.
Sec. 2 -305 Equity and Empowerment Advisory Board
(e) Organization, selection of officers, meetings.
(3) The Equity and Empowerment Advisory Board shall develop a schedule for
regular meetings on a monthly basis for each calendar year. Such schedule for
each ensuing year shall be set no later than November January 15 of the
preEedingeach year. The schedule shall include the dates and times of each
regular meeting for the ensuing calendar year. At the initial meeting of the Equity
and Empowerment Advisory Board in 20201, the members shall set its schedule
for the balance of 20201 and-- calendar year 2021.
2. The ordinance shall be effective upon passage.
3. The second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
C
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
Q
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of December, 2020.
No. 41928- 120720.
AN ORDINANCE authorizing the adoption of Amendment No. 2 to the Workforce
Investment Area III Chief Local Elected Officials ( "CLEO ") Charter Agreement to amend
and confirm the Workforce Investment Area III CLEO Charter Agreement (Charter
Agreement), as amended; authorizing the Mayor to execute such Amendment No. 2 to
the Charter Agreement; authorizing such city officials to execute such other documents
and take such other actions to effectuate such Amendment No. 2 to the Charter
Agreement; and dispensing with the second reading of this ordinance by title.
WHEREAS, the Cities of Covington, Roanoke, and Salem, and the Counties of
Alleghany, Botetourt, Craig, Franklin, and Roanoke agreed to create a consortium to work
together in accordance with the provisions of the federal Workforce Investment Act within
the Western Virginia Workforce Development Area III;
WHEREAS, City Council authorized the Mayor of the City of Roanoke to execute
the Workforce Investment Area III Chief Local Elected Officials Charter Agreement dated
July 21, 2003 (Charter Agreement), by Resolution No. 36435- 072103, adopted July 21,
2003;
WHEREAS, the Mayors of the Cities of Covington, Roanoke and Salem, and the
Chairmen of the Board of Supervisors of the Counties of Alleghany, Botetourt, Craig,
Franklin, and Roanoke (collectively, the Member Jurisdictions) executed the Charter
Agreement;
WHEREAS, City Council authorized the Mayor of the City of Roanoke to execute
Amendment No. 1 to the Charter Agreement, by Ordinance No. 40265- 061515, adopted
on June 15, 2015, in order to improve the operations and implementation of the Workforce
Development Plan, acknowledge, confirm, and agree that the Charter Agreement is an
exercise of joint powers as permitted by Section 15.2 -1300, et seq., Code of Virginia
(1950), as amended, address changes that may be required as the result of the passage
of the Workforce Innovation and Opportunity Act of 2014 (29 U.S.C. §§ 3011, et seq.),
and change the fiscal agent from the Workforce Development Board ( "WDB ") to the
Roanoke Valley - Alleghany Regional Commission ( "RVARC "), for both the Consortium
and the WDB;
WHEREAS, the Mayors of the Cities of Covington, Roanoke and Salem, and the
Chairmen of the Board of Supervisors of the Counties of Alleghany, Botetourt, Craig,
Franklin, and Roanoke (collectively, the Member Jurisdictions) executed the Amendment
No. 1 to the Charter Agreement;
WHEREAS, on April 14, 2020, the RVARC announced it was discontinuing service
as the Fiscal Agent for the Consortium and WDB effective December 31, 2020, thus
necessitating another amendment to the Charter Agreement;
WHEREAS, the City, the Consortium, and the WDB agree that WDB should be
designated again as the Fiscal Agent for both the Consortium and the WDB; and
WHEREAS, Section 13 of the Charter Agreement allows for amendments to the
Charter Agreement with the concurrence of the governing bodies of the Member
Jurisdictions.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows-
1 - City Council concurs with amending the Charter Agreement by adoption of
Amendment No. 2 to designate the WDB as the Fiscal Agent. The form of Amendment
No. 2 to the Charter Agreement, a copy of which is attached to the City Council Agenda
Report dated December 7, 2020, is approved, and the Mayor of the City of Roanoke is
hereby authorized to execute Amendment No. 2 to the Charter Agreement. Such
amendment shall be in a form substantially similar in form to the proposed Amendment
No. 2 which is attached to the said City Council Agenda Report, the form to be approved
by the City Attorney.
2. The Mayor and the City Manager are hereby severally authorized to execute
any other requisite documents related to Amendment No. 2 to the Charter Agreement,
form to be approved by the City Attorney, as more particularly set forth in the City Council
Agenda Report dated December 7, 2020.
3. The Charter Agreement, as authorized and approved by Resolution No. 36435-
072103, and as amended by Amendment No. 1, which was authorized and approved by
Ordinance No. 40265- 061515, and as now amended by Amendment No. 2, is ratified,
reaffirmed, confirmed, and approved.
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:
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
r..
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of December, 2020.
No. 41929 - 120720.
A RESOLUTION authorizing the City Manager to execute the Memorandum of
Understanding ( "Agreement ") between the City of Roanoke ( "Grant Recipient ") and the
Western Virginia Workforce Development Board, Inc. ( "WDB "), and authorizing execution
of such other documents and performance of other actions deemed necessary to
effectuate, deliver, perform, administer, and enforce the Agreement.
WHEREAS, the Consortium, the WDB, the Grant Recipient, and the Roanoke
Valley - Alleghany Regional Commission ( "RVARC ") entered into an agreement dated
August 17, 2015, that designated the RVARC to serve as Fiscal Agent for the Consortium
and the WDB (Original Fiscal Agent Agreement) and then subsequently amended,
restated and replaced the Original Fiscal Agent Agreement with a Restated Agreement
to provide for additional duties and responsibilities of the RVARC as fiscal agent and
made the term of the services for a five year period commencing as of July 1, 2016;
WHEREAS, on April 14, 2020, the Commission announced it was discontinuing
service as the Fiscal Agent for the Consortium and WDB effective December 31, 2020;
and
WHEREAS, it is anticipated that the Consortium will designate the WDB as the
new Fiscal Agent and require that the duties of the Fiscal Agent be defined in an
agreement between the Grant Recipient and the Fiscal Agent, and it is further anticipated
that the Consortium will require that the Agreement be substantially similar in form to the
proposed Agreement which is attached to this Resolution, as more particularly described
in the City Council Agenda Report dated December 7, 2020.
THEREFORE BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The Agreement, a copy of which is attached to the City Council Agenda Report
dated December 7, 2020, between the City of Roanoke as Grant Recipient, and the WDB,
as Fiscal Agent, as more particularly described in the City Council Agenda Report dated
December 7, 2020, is hereby approved and the City Manager is authorized to execute
the Agreement, substantially similar in form to the proposed Agreement attached to the
said City Council Agenda report, and approved as to form by the City Attorney.
2. The term of the Agreement is made effective, retroactive if necessary, to
January 1, 2021.
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 Agreement on behalf of the City
as Grant Recipient.
ATTEST: APPROVED
Czec&u 4- Ae. dot @
Cecelia F. McCoy, CMC �
City Clerk Sherman P. Lea, Sr. ,
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of December, 2020.
No. 41930- 122120.
A RESOLUTION authorizing the City Treasurer to waive interest charges for
Transient Occupancy Tax and Admission Tax; to amend the process for calculating and
applying penalties for Admission Tax, Prepared Food and Beverage Tax, and Transient
Occupancy Tax; and to authorize the City Treasurer to take such actions as may be
necessary to provide for the implementation, administration, and enforcement of this
Resolution; and providing for an effective date.
WHEREAS, by Resolution No. 41102 - 041618, adopted by Roanoke City Council
on April 16, 2018, City Council authorized the City Treasurer to (1) waive interest charges
for Transient Occupancy Tax and Admission Tax, (2) charge a penalty of ten percent
(10 %) of total original tax collections for late payment of Admission Tax, Prepared Food
and Beverage Tax, and /or Transient Occupancy Tax, and take such other actions as
necessary to provide for the implementation, enforcement, and administration of that
Resolution, to ensure the efficient operations of the City Treasurer's Office until a new
integrated tax revenue system could be implemented,
WHEREAS, Resolution No. 41102- 041618, by its terms, sunsets on December 31,
2020; and
WHEREAS, the City's new integrated tax revenue system is not ready to be
implemented, and City staff desires that the actions authorized the City Treasurer by
Resolution 41102- 041618 continue until June 30, 2021, or until the new integrated tax
revenue system is implemented, whichever comes first, all in order to ensure the efficient
operations of the City Treasurer's Office.
497
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. The City Treasurer is authorized to waive interest charges and penalties for
Transient Occupancy Tax and Admission Tax through June 30, 2021, all as more fully
set forth in the City Treasurer's letter to City Council dated December, 21, 2020.
2. The City Treasurer is hereby authorized to charge a penalty of ten percent
(10 %) of total original tax collections for Admission Tax, Prepared Food and Beverage
Tax, and Transient Occupancy Tax.
3. City Council hereby authorizes the City Treasurer to suspend minimum dollar
penalties for Admission Tax, Prepared Food and Beverage Tax, and Transient
Occupancy Tax.
4. City Council hereby authorizes the City Treasurer to implement, administer and
enforce this Resolution.
5. This resolution shall be effective January 1, 2021 and shall remain in effect until
such time as the City is able to replace and successfully implement its new integrated tax
revenue system, or June 30, 2021, whichever shall first occur.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC 9hean PAea, .
City Clerk Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 21St day of December, 2020.
No. 41931- 122120.
AN ORDINANCE amending and reordaining Section 32- 226.1, Penalty for late
remittance or false return, Article IX, Admissions Tax, Section 32- 247.1, Penalty for late
remittance or false return, Article X, Transient Occupancy Tax, and Section 32 -295,
Penalty for late remittance or false return, Article XIV, Tax on Prepared Food and
Beverage, Chapter 32, Taxation, Code of the City of Roanoke (1979) as amended,
changing the manner in which penalties will be assessed for late payment of such taxes;
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:
1. Section 32- 226.1, Penalty for late remittance or false return Article IX,
Admissions Tax, Chapter 32, Taxation, Code of the City of Roanoke (1979) as amended
Code of the City of Roanoke (1979) as amended, is hereby amended to read and provide
as follows:
Sec. 32- 226.1. - Penalty for late remittance or false return.
If any seller whose duty it is to do so shall fail or refuse to file any report
required by this article or to remit to the treasurer the tax required to be
collected and paid under this article within the time and in the amount
specified in this article, there shall be added to the amount of such tax then
due and owing, a penalty in the amount of ten (10) percent. if the failure- ;-
RGt fGF more thaR thiFty (30),days, with aR additional five (5) peFGent ef
I -I.re GentiRue not to exG-epd twtznty fit a tor'i
l 7.Tff:S WET fi.
2. Section 32- 247.1, Penalty for late remittance or false return, Article X,
Transient Occupancy Tax, Chapter 32, Taxation, Code of the City of Roanoke (1979) as
amended, is hereby amended to read and provide as follows:
Sec. 32- 247.1. - Penalty for late remittance or false return.
If any seller whose duty it is to do so shall fail or refuse to file any
report required by this article or to remit to the treasurer the tax
required to be collected and paid under this article within the time
and in the amount specified in this article, there shall be added to
the amount of such tax then due and owing, a penalty in the amount
of ten (10) percent. if the pis not fnr ir+„ /Qn\ A--
3. Section 32 -295, Penalty for late remittance or false return, Article XIV, Tax on
Prepared Food and Beverage, Chapter 32, Taxation, Code of the City of Roanoke (1979)
MM
Sec. 32 -295. - Penalty for late remittance or false return.
(a) If any seller whose duty it is to do so shall fail or refuse to file any report
required by this article or to remit to the city treasurer the tax required
to be collected and paid under this article within the time and in the
amount specified in this article, there shall be added to the amount of
such tax then due and owing, a penalty in the amount of ten (10)
percent. if the failure is not for more than thirty (30) days, wit
addifin—n—al thirty (30) days or fraGtion thereef during Wh'Gh the failure
nontin„ec not to evneed twenty-five (25) nernent of the twee GE)I!enterl
or dollars ($10.00), ,eihiohever aafl 1s greater. Provided-,
assessable. hewever,Re penalty shall eXGeed the arneunt of the tax
4. The ordinance shall be effective July 1, 2021.
5. Pursuant to Section 12 of the Charter of the City, the second reading of this
ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
O'M4� J-- V)tC&I V, L
Cecelia F. McCoy, CMC herman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of December, 2020.
No. 41932 - 122120.
AN ORDINANCE amending and reordaining Section 32 -19, Penalty and interest
on delinquencies - Generally, Article II, Real Estate Taxes Generally, and Section 32 -106,
Penalty and interest on delinquencies — Generally, Article III, Tax on Tangible Personal
Property Generally, Chapter 32, Taxation, Code of the City of Roanoke (1979) as
amended, to provide for a graduated penalty in the event of late payments based on how
soon such taxes are paid after the original date due; 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:
500
1. Section 32 -19, Penalty and interest on delinquencies Generally Article II
Real Estate Taxes Generally, Chapter 32, Taxation, Code of the City of Roanoke (1979)
as amended, is hereby amended to read and provide as follows:
Sec. 32 -19. - Penalty and interest on delinquencies — Generally.
(a) Any person who shall fail to pay to the city treasurer on or before October
fifth and April fifth of each tax year the semi - annual installment
of real estate tax becoming due on or before such dates, respectively,
as provided by section 32 -18, shall be assessed by the treasurer and
shall pay, along with such tax, a penalty of two percent (2 %) of tQn
° of the amount of such unpaid tax installment if the tax is
paid in full within fifteen days of the original date due, but if any amount
of such installment remains due and owing on or after the sixteenth day
after the original date due, an additional eight percent (8 %) penalty will
be assessed on the remaining amount due.
(b) Interest at the rate of ten (10) percent commencing on the first day of
the month following the month in which such taxes are due, shall be
assessed and collected on the principal of and penalties on all taxes
assessed by the city on real estate for each tax year, remaining unpaid
until paid.
2. Section 32 -106, Penalty and interest on delinquencies Generally, Article
III, Tax on Tangible Personal Property Generally, Chapter 32, Taxation, Code of the City
of Roanoke (1979) as amended, is hereby amended to read and provide as follows:
Sec. 32 -106. - Penalties and interest on delinquencies — Generally.
(a) Any person who shall fail to pay to the treasurer, on or before the date
due as provided by this article, the whole of the tax imposed under this
article for any tax year shall be assessed by the treasurer and shall pay,
along with such tax, a penalty of two percent (2 %) eP 44�percent of
such unpaid tax if the tax is paid in full within fifteen days of the original
date due, but if any amount of such tax remains due and owing on or
after the sixteenth day after the original date due, an additional eight
percent (8 %) penalty will be assessed on the remaining amount due.
(b) In addition to such penalty, interest at the rate ten (10) percent per
annum shall be due on such unpaid taxes and any penalty assessed
thereon commencing on the first day of the month following the month
in which such taxes are due until paid.
3. The ordinance shall be effective July 1, 2021.
501
4. Pursuant to Section 12 of the Charter of the City, the second reading of this
ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of December, 2020.
No. 41933 - 122120.
AN ORDINANCE amending and reordaining subsection (d), Section 32 -104,
Levied; rate, Article III, Tax on Tangible Personal Property Generally, Chapter 32,
Taxation, Code of the City of Roanoke (1979) as amended, which provides for a special
personal property tax rate for certain motor vehicles which use clean special fuels;
establishing an effective date; and dispensing with the second reading of this ordinance
by title.
WHEREAS, City Council adopted Ordinance No. 38757 - 031510, on March 15,
2010, which amended Section 32 -104 (d), Code of the City of Roanoke, by providing that
the owners of certain motor vehicles which use clean special fuels shall receive a tax
credit in the amount of ten percent (10 %) of the tax due, and that such tax credit is applied
after the Commonwealth of Virginia's personal property tax relief ( PPTRA) has been
applied to the tax; and
WHEREAS, the City desires to amend Section 32 -104 (d), Code of the City of
Roanoke, to provide that such ten percent (10 %) tax credit shall be applied before the
Commonwealth of Virginia's PPTRA has been applied to the tax.
NOW THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. Subsection (d), Section 32 -104, Levied; rate, Article III, Tax on Tangible
Personal Property Generally, Chapter 32, Taxation, Code of the City of Roanoke (1979)
as amended, is amended to read and provide as follows:
502
(d) Effective January 1, 2010, the tax rate contained in this section shall not
apply to motor vehicles which use clean special fuels, as defined in §58.1 -
3506.A.22, Code of Virginia. For purposes of the taxation of such vehicles
pursuant to this article, there is hereby imposed and levied, and there shall
be collected, for each tax year, a tax at the rate of three dollars and forty -
five cents ($3.45) on every one hundred dollars ($100.00) of the fair market
value of such vehicle; provided that the owner shall receive a credit of ten
percent (10 %) on the amount due before after-the State's personal property
tax relief (PPTRA) has been applied to the tax.
2. The ordinance shall be effective July 1, 2021.
3. Pursuant to Section 12 of the Charter of the City, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST: APPROVED
(24� S. ?,d
Cecelia F. McCoy, CMC Sherman P. Lea, Sr. ge,&�J.
City Clerk Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 21 sc day of December, 2020.
No. 41934- 122120.
AN ORDINANCE amending and reordaining Section 32 -155, Penalty upon bank
for failure to comply with article, Article VI, Bank Franchise Tax, Chapter 32, Taxation,
Code of the City of Roanoke (1979) as amended, to make the penalty for a bank that fails
to file a return, pay such tax, or fails to comply with any other provision required by such
article, consistent with state code requirements; establishing an effective date; and
dispensing with the second reading of this ordinance by title.
WHEREAS, Section 58.1 -1216, Penalty upon bank for failure to comply with
chapter, Code of Virginia (1950) as amended, requires any bank which fails to file a return,
pay the bank franchise tax, or comply with applicable provisions regarding such tax, to be
subject to a penalty of five percent of the tax due;
503
WHEREAS, Section 32 -155, Penalty upon bank for failure to comply with article,
Code of City of Roanoke (1979) as amended, requires that any bank which fails to comply
with any provision required by such article to be fined not less than one hundred ($100)
nor more than five hundred dollars ($500.00); and
WHEREAS, the City desires to amend Section 32 -155, Penalty upon bank for
failure to comply with article, Code of City of Roanoke, to be in compliance with existing
state law.
NOW THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. Section 32 -155, Penalty upon bank for failure to comply with article, Article VI,
Bank Franchise Tax, Chapter 32, Taxation, Code of the City of Roanoke (1979) as
amended, is amended to read and provide as follows:
Sec. 32 -155. - Penalty upon bank for failure to comply with article.
Any bank which shall fail or neglect to comply with any provision of this article shall
be subject to a penalty of five percent (5 %) of the tax due. If the Commissioner of Revenue
is satisfied that such failure is due to providential or other good cause, such return and
payment of tax shall be accepted exclusive of such penalty, but with interest determined
in accordance with § 58.1 -15, Code of Virginia (1950) as amended.fiRed Rot less than
one hundred (100) ner rneFe than five hundred dollars , w#iGh Such fine shall
be recovered upon motion, after five (5) days' notice in the circuit court of this city. The
motion shall be in the name of the commonwealth and shall be presented by the attorney
for the commonwealth of this locality
2. The ordinance shall be effective July 1, 2021.
3. Pursuant to Section 12 of the Charter of the City, the second reading of this
ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC
City Clerk
c) �
'
Sherman P. Lea, Sr.
Mayor
504
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of December, 2020.
No. 41935 - 122120.
AN ORDINANCE amending and reordaining Section 19 -20, When application due;
when tax payable; extensions; penalty and interest for late payment; report and collection
of delinquencies, Article I, In General, Chapter 19, License Tax Code, Code of the City of
Roanoke (1979) as amended, clarifying the date from which a penalty will be assessed
for late payment of such tax; 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:
1. Section 19 -20, When application due; when tax payable; extensions; penalty
and interest for late payment report and collection of delinquencies, Article I, In General,
Chapter 19, License Tax Code, Code of the City of Roanoke (1979) as amended, is
amended to read and provide as follows:
Sec. 19 -20. - When application due; when tax payable; extensions; penalty and
interest for late payment; report and collection of delinquencies.
(d) If the tax is not paid by the appropriate due date as set forth above, a penalty
of ten (10) percent of the tax shall be imposed from the day following the original
date due. In the case of an assessment of additional tax made by the assessing
official, if the application was made in good faith and the understatement of the
tax was not due to any fraud, reckless or intentional disregard of the law by the
taxpayer, there shall be no late payment penalty assessed with the additional
tax. If any assessment of tax by the assessing official is not paid within thirty
(30) days, the treasurer shall impose a ten (10) percent late payment penalty.
If the failure to pay was not the fault of the taxpayer, the penalties shall not be
imposed, or if imposed shall be abated by the treasurer. In orderto demonstrate
lack of fault, the taxpayer must show that he acted responsibly and that the
failure was due to events beyond his control.
2. The ordinance shall be effective July 1, 2021.
mom
505
3. Pursuant to Section 12 of the Charter of the City, the second reading of this
ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
�.VQe i�'&r
Cecelia F. McCoy, CMC Sherman P. Lea, Sr. '
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 sc day of December, 2020.
No. 41936- 122120.
A RESOLUTION directing the City Attorney to petition the Circuit Court to request
an order that no special election be ordered to fill the vacancy caused by the retirement
of City of Roanoke Sheriff Timothy Alvin Allen, since such vacancy will occur within 12
months immediately preceding the end of his term in office.
WHEREAS, Sheriff Timothy Alvin Allen ( "Sheriff Allen ") has announced his
retirement as Sheriff for the City of Roanoke effective January 31, 2021 ( "Date of
Retirement ");
WHEREAS, Sheriff Allen's term of office would have expired December 31, 2022;
WHEREAS, Virginia Code Section 24.2 -228.1 B, states that if "a vacancy in any
elected constitutional office occurs within the 12 months immediately preceding the end
of the term of that office, the governing body may petition the circuit court to request that
no special election be ordered." Virginia Code Section 24.2 -228.1 B also provides that
the highest ranking deputy officer, who is qualified to vote for and hold that office, shall
be vested with the powers and shall perform all of the duties of the office.
WHEREAS, Sheriff Allen's Date of Retirement is within the 12 months immediately
preceding the end of his term of office;
WHEREAS, the highest ranking deputy officer who is qualified to vote for and hold
the office of Sheriff for the City of Roanoke is Major David Keith Bell; and
506
WHEREAS, the members of City Council do not wish to hold a special election to
fill the vacancy for the remaining unexpired term of Sheriff Allen upon his Date of
Retirement.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that
Council hereby directs the City Attorney within fifteen (15) days of Sheriff Allen's Date of
Retirement to file a Petition for Writ of Special Election with the Circuit Court asking that
the Court issue an order as follows:
1. That the Court issue an order consistent with Virginia Code Section 24.2-
228.1 B, to not hold a special election to fill the unexpired term of Sheriff Timothy Alvin
Allen since the date of his retirement is within the 12 months immediately preceding the
end of his term of office; and
2. That the Court include in its order that the highest ranking deputy officer Major
David Keith Bell, who is qualified to vote for and hold that office, shall be vested with the
powers and shall perform all of the duties of the office of Sheriff for the City of Roanoke.
ATTEST: APPROVED
Cecelia F. McCoy, CMC
City Clerk erman P. Lea,
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of December, 2020.
No. 41937- 122120.
A RESOLUTION accepting the Virginia Department of Transportation's (VDOT's)
award to the City in the total amount of $101,984 for the Orange Avenue and Gainsboro
Road /Burrell Street Pedestrian Safety 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:
507
1. The City of Roanoke hereby accepts the VDOT award in the total amount of
$101,984 for the Orange Avenue and Gainsboro Road /Burrell Street Pedestrian Safety
Improvements project, with no required local match from the City, which will improve
pedestrian crossing conditions by upgrading underground conduits as well as installing
pedestrian countdown signals and push buttons at the intersection of Orange Avenue and
Gainsboro Road /Burrell Street, all as more fully set forth in the City Council Agenda
Report dated December 21, 2020.
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.
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 $101,984 from VDOT, with no required local
match from the City, for the above mentioned project, with any such documents to be
approved as to form by the City Attorney.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of December, 2020.
No. 41938 - 122120.
AN ORDINANCE to appropriate funding from the Virginia Department of
Transportation for the Highway Safety Improvement Program (HSIP), amending and
reordaining certain sections of the 2020 - 2021 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 2020 - 2021 Grant Fund Appropriations be, and the same are hereby, amended
and reordained to read and provide as follows:
Appropriations
Construction - Other
Revenues
VDOT Highway Safety Improvement
Program FY21 — Federal PT
VDOT Highway Safety Improvement
Program FY21 - State
35- 530 - 3940 -9065 $ 101,984
35- 530 - 3940 -3940 91,786
35- 530 - 3940 -3941 10,198
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
Oe� s-- o2e, IV. k �.
Cecelia F. McCoy, CMC
City Clerk Sherman P. Lea, Sr.
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 21st day of December, 2020.
No. 41939- 122120.
A RESOLUTION accepting the Housing and Urban Development (HUD) Office of
Lead Hazard Control and Healthy Homes FY2020 Lead Based Paint Reduction Grant
from the U. S. Department of Housing and Urban Development (HUD) and authorizing
execution of any required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City hereby accepts the HUD Office of Lead Hazard Control and Healthy
Homes FY2020 Lead Based Paint Reduction Grant from HUD in the amount of
$3,718,733, with a required City match of $362,967, for a total project amount of
$3,081,700 for this 42 month program. The City match will be satisfied from several
sources that are identified in the City Council Agenda Report dated December 15, 2020.
2. The City Manager is hereby authorized to execute on behalf of the City, any
and all documents required by HUD pertaining to such grant, such documents to be
approved as to form by the City Attorney, and to furnish such additional information as
may be required by HUD in connection with the grant.
509
3. The execution of any document by the City Manager prior to the date of this
Resolution consistent with the City Council Agenda Report dated December 21, 2020, to
City Council is hereby ratified.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of December, 2020.
No. 41940 - 122120.
AN ORDINANCE to appropriate funding from the United States Department of
Housing and Urban Development for the Lead Hazard Control Grant, amending and
reordaining certain sections of the 2020 - 2021 Capital Projects and Grant Funds
Appropriations, and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following sections
of the 2020 - 2021 Capital Projects and Grant Funds Appropriations be, and the same
are hereby, amended and reordained to read and provide as follows:
Capital Project Fund
Appropriations
Transfer to Grant Funds
08- 530 - 9712 -9535
$100,000
Fund Balance
Capital Improvement Reserve -
Contingency
08- 530 - 9575 -9220
(100,000)
Special Revenue Fund
Appropriations
Regular Employee Salary
35- 615 - 8191 -1002
$721,522
City Retirement
35- 615- 8191 -1105
118,426
401 H Health Savings
35- 615 - 8191 -1117
3,088
FICA
35- 615 - 8191 -1120
49,751
Medical Insurance
35- 615 - 8191 -1125
96,574
Dental Insurance
35- 615- 8191 -1126
3,737
Life Insurance
35- 615 - 8191 -1130
9,028
Disability Insurance
35- 615 - 8191 -1131
788
510
Training
Travel
Supplies
Relocation
Lead Testing and Clearance
LHC Single Family Units
LHC Rental Units
Other Direct Costs
Healthy Homes Units
Revenues
Lead Hazard Control Grant FY21
Lead Hazard Control Grant FY21 - Local
35- 615- 8191 -2044
35- 615- 8191 -8052
35- 615- 8191 -8055
35- 615- 8191 -8254
35- 615- 8191 -8255
35- 615- 8191 -8256
35- 615- 8191 -8257
35- 615- 8191 -8258
35- 615- 8191 -8259
52,100
51,446
17,273
89,250
244,875
1,190,000
770,000
37,125
363,750
35- 615- 8191 -8191 3,718,733
35- 615- 8191 -8192 100,000
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
0'e'� '-4-- Lme, �) ;
Cecelia F.
McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of December, 2020.
No. 41941 - 122120.
AN ORDINANCE to appropriate funding from the Department of Accounts for the
COVID -19 Municipal Utility Relief Program, amending and reordaining certain sections of
the 2020 - 2021 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 2020 - 2021 Grant Fund Appropriations be, and the same are hereby, amended
and reordained to read and provide as follows:
Appropriations
Coronavirus Expenses 35 -C21- 2160 -3081 $ 144,166
Revenues
511
CARES Act Municipal Utility Relief 35 -C21- 2160 -2160 144,166
Program FY21
Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 sc day of December, 2020.
No. 41942 - 122120.
AN ORDINANCE extending the term of Ordinance No. 41703 - 032720, as
supplemented by Ordinance No. 41709 - 040620, and as reinstated, reordained, and
reaffirmed by Ordinance No. 41797 - 070620; as reordained by Ordinance No. 41810-
072020; establishing an effective date; and dispensing with the second reading of this
ordinance by title.
WHEREAS, as a result of the COVID -19 pandemic the disaster and the
declarations of emergency by the President of the United States, the Governor of the
Commonwealth of Virginia, and the City of Roanoke, City Council adopted Ordinance No.
41703 - 032720, at a special session of City Council on March 27, 2020, to effectuate
temporary changes in certain deadlines, modifying public meeting and public hearing
practices and procedures to address the continuity of operations, and authorizing the City
Manager to set the date and time of public hearings on the FY2021 budget and related
matters;
WHEREAS, City Council supplemented Ordinance No. 41703 - 032720 to
effectuate changes in the deadlines for responding to requests for records under the
Virginia Freedom of Information Act with the adoption of Ordinance No. 41709 - 040620;
WHEREAS, Ordinance No. 41703 - 032720, as supplemented by Ordinance No.
41709 - 040620, was in effect for a period of sixty (60) days, subject to further action by
City Council;
512
WHEREAS, in April 2020, the General Assembly enacted Section 4- 0.01(g),
Chapter 1283, Virginia Acts of Assembly, 2020 Session (Chapter 1283), that authorized,
among other matters, that public bodies could meet via electronic communication means
without a quorum physically present in one location during the state of emergency created
by the COVID-19 pandemic disaster;
WHEREAS, City Council adopted Ordinance No. 41797 - 070620, to reinstate,
reordain, and reaffirm Ordinance No. 41703- 032720, as supplemented by Ordinance No.
41709- 040620 from May 25, 2020 through and including July 31, 2020; and
WHEREAS, City administration recommends that City Council further extend the
term of Ordinance No. 41703 - 032720, as supplemented by Ordinance No. 41709-
040620, Ordinance No. 41797 - 070620 and Ordinance No. 41810 - 072020, beyond
December 31, 2020, to remain in full force and effect until the expiration of Amended
Executive Order 51 issued by the Governor of the Commonwealth of Virginia on
August 17, 2020.
that: NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
1. The term of Ordinance No. 41703 - 032720, as supplemented by Ordinance No.
41709 - 040620 and reinstated, reordained, and reaffirmed by Ordinance No. 41797-
070620 and Ordinance No. 71810 - 072020, be extended from and beyond December 31,
2020 to remain in full force and effect until the expiration of Amended Executive Order 51
previously issued by the Governor of the Commonwealth of Virginia on August 17, 2020,
to ensure that operations within the City continue without interruption from the COVID -19
pandemic disaster.
2. This Ordinance shall be effective upon passage.
3. The second reading of this Ordinance is hereby dispensed with.
ATTEST:
oz"�- J7 VAC&v-
Cecelia F. McCoy, CMC
City Clerk
APPROVED
Sherman P. Lea, Sr.
Mayor
513
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 St day of December, 2020.
No. 41943- 122120.
AN ORDINANCE amending and reordaining Chapter 34 Vehicles for Hire, Article
IV Horse -Drawn Vehicles, Code of the City of Roanoke (1979), as amended; 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:
Amend and reordain Chapter 34 Vehicles for Hire, Article IV Horse -Drawn
Vehicles, Code of the City of Roanoke (1979), as amended.
ARTICLE IV. - HORSE -DRAWN VEHICLES AND PARTY BIKE VEHICLES
Sec. 34 -135. - Authority for and purpose of article.
This article is adopted under the general police powers granted to the city by its
charter and general law. It is not intended hereby to grant or offer any franchise, but it is
intended to regulate the operation of horse -drawn vehicles and party bike vehicless in the
city.
Sec. 34 -136. - Compliance with article generally.
The operation of horse -drawn vehicles and party bike vehicles within the city shall
be subject to the conditions, regulations and restrictions set forth in this article, and it shall
be unlawful to operate or cause to be operated in the city for hire any horse -drawn vehicle
or party bike vehicle, unless the conditions, regulations and restrictions prescribed in this
article are complied with.
Sec. 34 -137. - Rules and regulations of city manager.
The city manager is authorized and directed to make and enforce such rules and
regulations, not in conflict with the provisions of this article, as the city manager may deem
proper to regulate the operation of horse -drawn vehicles and party bike vehicles in the
city; provided, that no such regulation shall be made or enforced in conflict with this Code.
Such regulations shall address the following, but are not limited to:
(1) Routes, and wheR and where operating times, frequency of operations, and
under what conditions horse -drawn vehicles or party bike vehicles shall be
allowed to operate in the city.
514
(2) Types, conditions, equipping, and required safety equipment for horse -drawn
vehicle or party bike vehicle.
(3) Regulations regarding the horses which may be used and their care, health,
safety, and welfare.
Sec. 34 -138. - 'permit required.
No person shall engage in the business of operating horse -drawn vehicles or party
bike vehicle for hire on any street in the city without having obtained from the city manager
a permit to operate such business. No business license for such a business shall be
issued unless and until such permit has been issued.
Sec. 34 -139. - Filing and contents of application.
Application for a permit required by this article shall be filed with the city manager
and shall set forth:
(1) The name and address of the applicant.
(2) The trade name under which the applicant does or proposes to do
business, along with a certified copy of the organizational documents
filed with the Commonwealth of Virginia State Corporation Commission.
(3) Where the horse -drawn vehicles or the party bike vehicles will be kept
when not in use.
(4) The number of horse -drawn vehicles or party bike vehicles the applicant
desires to operate.
(5) Whether the applicant has been convicted of a violation of any federal,
state or municipal law.
(6) An agreement or stipulation that the applicant will operate and continue
to operate during the period of time the permit shall remain in effect in
accordance with applicable laws and regulations, as the same may, from
time to time, be amended.
(7) Description of all safety features and equipment, including headlamps,
tail lamps, stop lamps, turn signals, installed and functioning on the
horse -drawn vehicle or party bike vehicle.
(87) Any other information required by the city manager.
Sec. 34 -140. - Licensing procedure.
515
(a) Upon presentation of a permit issued pursuant to this article, within thirty
(30) days of its issuance, and satisfactory evidence that all license fees
have been paid to the city treasurer and that the insurance policy or bond
required by Section 34 -141 has been duly filed, the commissioner of
revenue shall issue to the applicant a license for each and every horse -
drawn vehicle or party bike vehicle specified in such permit; provided,
however, that any such permit shall be effective until cancelled, and no
additional permit shall be required for the purpose of obtaining licenses,
so long as the original permit remains in effect pursuant to the term of
the permit as set forth is section 34 -143 hereof. Any permit issued under
this article shall be nontransferable and non - assignable. Any change in
ownership of the person or entity issued a permit under this article shall
cause the termination and expiration of the permit.
(b) The permit shall include such terms and conditions as may be required by the
city manager including the agreement of the applicant to indemnify and hold
harmless the city against any liability for personal injury, property damage, or
any other damage or injury arising out of or connected with the applicant's
operation of a horse -drawn vehicle or party -bike vehicle.
Sec. 34 -141. - Liability insurance or bond.
(a) No horse -drawn vehicle or party bike vehicle shall be operated or license
issued therefore unless the owner has filed with the city manager a liability
insurance policy issued by an insurance company authorized to do business in
the state, providing for liability insurance with a combined single limit which
shall equal or exceed the sum of (i) one hundred twenty -five thousand dollars
($125,000.00) for the operation of a horse -drawn vehicle or (ii) one million
dollars ($1,000,000.000 for the operation of a party bike vehicle .
(b) In lieu of the insurance policy referred to in subsection (a) above, the owner of
a horse -drawn vehicle or party bike vehicle may deposit its bond on which a
surety company authorized to do business in the state is obligated, naming the
city as obligee and insuring persons who may be injured or whose property
may be damaged by the operation of such horse -drawn vehicle or party bike
vehicle, in the same amount, and conditioned that action may be brought
thereon by any person so damaged against the surety company for the amount
of such damage, up to the amount named therein.
(c) The insurance policy or bond provided for in this section shall be subject to the
approval of the city manager and the city's risk manager.
(d) The policy of insurance or bond deposited pursuant to this section shall contain
a clause obligating the company issuing the same to give twenty (20) days'
516
notice in writing to the city manager before cancellation thereof. The license for
the operation of such horse -drawn vehicle or party bike vehicle shall expire
upon the lapse or termination of such policy or bond, subject to reinstatement
upon compliance with the provisions hereinabove contained, but such
cancellation shall not relieve the insurance company or surety - Gompa-ny of
liability for any injury happening before such cancellation becomes effective.
Sec. 34 -142. - Investigation of and hearing on application; determination of
city manager; issuance; appeals.
(a) The city manager shall make or cause to be made an investigation, including
any hearing deemed desirable, as to each application for permit, and shall
determine whether or not the applicant is a person of suitable character and
qualifications to conduct such business. In determining this latter question, the
city manager may investigate the fitness of the officers and stockholders of any
corporation making such application. If the city manager determines that the
applicant has met all applicable requirements of this article and that the
applicant is fit to provide such horse -drawn vehicle or party bike vehicle service,
the city manager shall issue a permit indicating the maximum number of such
vehicles which may be placed into operation by the ownwapplicant.
(b) Any applicant who is denied a permit or any person whose permit has been
suspended or revoked may appeal such denial by filing a written notice of
appeal pursuant to the provisions of Section 34 -99.
Sec. 34 -143. Term, sSuspension or revocation of permit.
(a) Any permit issued under this article for the operation of a horse -drawn vehicle
of party bike- vehicle shall be for a term of one year from the date of issuance.
(b) A permit issued under the provisions of this article may be revoked or
suspended for a specified period of time by the city manager if the holder
thereof has violated any of the provisions of this article or any ordinance of the
city or any federal or state law, the violation of which reflects unfavorably on
the fitness of the holder of the permit to offer service.
(cb)Prior to suspension or revocation, the holder shall be given reasonable notice
of the proposed action to be taken and shall have an opportunity to present to
the city manager evidence as to why the permit should not be revoked or
suspended.
MM
517
Sec. 34 -144. - Stopping in street; interfering with traffic.
No driver of any horse -drawn vehicle or party bike vehicle shall stop, load, or
unload any passengers in the intersection of any streets or enwithin any crosswalk. No
such vehicle shall Y impede or interfere with the orderly flow of traffic on the
streets.
Sec. 34 -145. - Diapering apparatus required for horse -drawn vehicles.
It shall be unlawful for any person, firm, corporation or other entity to utilize any
horse for the purpose of pulling any vehicle on city streets unless such horse is equipped
with diapering apparatus that prevents the droppings of such horse from being deposited
or otherwise left on city streets. It shall be the responsibility of the person, firm, corporation
or other entity utilizing any horse for the purpose of pulling a vehicle to see that the
diapering apparatus is maintained in working order.
Sec. 34 -146. - Vehicle stands.
The city manager may cause to be designated stands for horse -drawn vehicles
and party bike vehicles at such places within the city as, in the city manager's judgment,
will best serve the convenience and necessity of the public.
Sec. 34 -147. Q.vedParty Bike Vehicle Defined.
For the purposes of this article a party bike vehicle, also known as
a pedal crawler, pedal pub or beer bike, shall mean a multi - passenger pedal- assisted
motorized vehicle that is powered by, or able to be powered by, four or more human
passengers while the steering and /or braking of the vehicle is controlled by a driver. A
party bike vehicle will be a pedal- assisted motorized vehicle that is licensed, registered,
and issued a vehicle plate by the Commonwealth of Virginia Department of Motor
Vehicles as a slow moving vehicle with an approximate speed of 6 to 8 mph with the
ability to travel at speeds up to 25 mph. A party bike vehicle shall be maintained in
compliance with all applicable laws, rules, and regulations.
Sec. 34 -148. - Driver's license.
No person shall operate a horse -drawn vehicle or party bike vehicle on the streets
of the city unless and until they have obtained from the city manager a special license to
be known as either a "horse -drawn vehicle operator's license" or a "party bike vehicle
license ". The procedure and requirements for obtaining such a license shall be as set out
in Section 34 -110 et seq. of this Code.
518
Sec. 34 -149. - Fees.
The fee for a permit to operate a horse -drawn vehicle or a party bike vehicle er
paFty bi business in the city shall be the greater of (i) forty -five dollars ($45.00) or (ii)
one dollar ($1.00) per day for each day of operation permitted under the permit issued to
the applicant. The fee for a horse -drawn vehicle operator's license or a party bike vehicle
operator's license shall be twenty dollars ($20.00). All fees required hereunder shall be
paid in full upon issuance of the permit.
Sec. 34 -150. - Violations of article generally.
Any violation of any of the provisions of this article shall constitute a Class 3
misdemeanor.
2. The ordinance shall be effective upon passage.
3. The second reading of this ordinance by title is hereby dispensed with.
ATTEST: APPROVED
Cecelia F. McCoy, CMC Sherman P. Lea, r.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2111 day of December, 2020.
No. 41944- 122120.
AN ORDINANCE amending and reordaining Section 21 -32, Entering or remaining
on property of another after having been forbidden to do so, Article I, General, of
Chapter 21, Offences - Miscellaneous, 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 -32, Entering or remaininq on property of another after having been
forbidden to do so, Article I, General, of Chapter 21, Offences - Miscellaneous, Code of the
City of Roanoke (1979), as amended, is hereby amended and reordained to read and
provide as follows:
519
Sec. 21 -32. - Entering or remaining on property of another after having
been forbidden to do so.
3.(a) If any person shall, without authority of law, go upon or remain upon
the lands, buildings or premises of another, or any part, portion or area
thereof, after having been forbidden to do so, either orally or in writing,
by the owner, lessee, custodian or other person lawfully in charge
thereof, or after having been forbidden to do so by a sign posted on
such lands, buildings, premises or part, portion or area thereof at a
place where it may be reasonably seen, he shall be deemed guilty of a
Class 1 misdemeanor.
4.(b) Any owner, lessee, custodian, or person lawfully in charge as those
terms are used in Section 18.2 -119 of the Csode of Virginia, of real
property may, in writing on a form prescribed by the chief of police,
designate the police department as a person lawfully in charge thereof,
as that term is used in su bsention (a) of this sention for the purpose of
forbidding another to go or remain upon the lands, buildings or
premises of such owner. Such designation shall include a description
of the land(s), building(s), or premises to which it applies; shall
reference the period of time during which time it is in effect; and shall
be kept on file in the office of the chief of police or in such other location
within the police department as the chief of police deems appropriate.
2. This ordinance shall be in full force and effect on 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:
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
520
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of December, 2020.
No. 41945 - 122120.
AN ORDINANCE amending Section 2 -37, Office hours, work weeks and holida s,
of Division 1, Generally, of Article III, Officers and Employees, Chapter 2, Administration,
Code of the City of Roanoke (1979), as amended, and dispensing with the second reading
of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 2 -37, Office hours work weeks and holidays, of Division I,
Generally, Article III, Chapter 2, Administration, Code of the City of Roanoke (1979), as
amended, is hereby amended to read and provide as follows:
Section 2 -37. Office hours, work weeks and holidays.
(a) Except as may be otherwise provided by law, and subject to the provisions of
this section, the offices of the city shall be kept open, for the transaction of
business with the public, between the hours of 8:00 a.m. and 5:00 p.m., daily,
except on Saturdays, Sundays and legal holidays of the city established by
subseGWR(subsection (b) of this section.
(b) In each calendar year, the first day of January (New Year's Day), the third
Monday in January (Dr. Martin Luther King, Jr. Day), third Monday
February y)° yin
ry ( ngton- Da-yPresidents' Day), the last Monday in May
(Memorial Day), the nineteenth day of June (Juneteenth), the fourth day of July
(Independence Day), the first Monday in September (Labor Day), the fourth
Thursday in November (Thanksgiving Day), the Friday next following
Thanksgiving Day and the twenty -fifth day of December (Christmas Day), or
whenever any such days shall fall on Saturday, the Friday next preceding such
day, or, whenever any such days shall fall on Sunday, the Monday next
following such day, shall be observed as legal holidays of the city by all
departments of the city except as may otherwise be provided by law and except
as to employees of departments of the city that work twenty- four -hour shifts.
521
(c) Except as provided in subsection (d) of this section and herein, each officer or
employee of the city shall receive eight„_einht (Wninety -six (96) hours of
holiday time each year (the n* P4ten (10) legal holidays of the city established
by subsection (b) above, the SeGend Monday OR QGteber (Golurnbus Day) and
Member 11 (Vet nail and for the year 20002 enly, the first Friday On
J41Y); Off GeS of the Gity shall Femain open during the thFee (3) la#er holidays
whiGh shall be observed as fleating holidays by Gity n the second
pay date of July of each year, employees will earn two floating holidays. The
two floating holidays may be used at the discretion of the employee to
acknowledge any recognized federal or state holiday or such other times for
which the city is not already closed. Except for employees of departments that
work twenty -four (24) hour shifts, holiday time shall be taken on the r}i-ne
(44ten(10) legal holidays of the city established by subsection (b) of this section
and at such other times as shall be mutually agreed to by the officer or
employee and 4stheir department head or equivalent official. Employees of
departments that work twenty- four -hour shifts shall take their holiday time at
times mutually agreed to by them and their department head or equivalent
official. On and after July 1, 20211 996, thirty- twotweet -feer (3224) hours of
holiday time may be carried over after the annual leave cutoff date as defined
in sections 2 -48 and 2 -53 of this Code from one (1) fiscal year to the next and
accumulated and used at times mutually agreed to between any officer or
employee carrying over holiday time and ka+stheir department head or
equivalent official. However, as a one-time eXGeptpE)R, thirty twe (32) heuFs e
heliday time may be GarFied over after the aRRual leaVe Guteff date as defined
iin ti
Sen� ens 2-49 and 'x_53 of this Gh �rnm the 200 -200 l fiSGal dear to the
rn- .�'-v� a$t vrrrr cvv�cvvr,r�var�ccrrcv -mc
No officer or employee shall be paid for holiday time
accumulated after November 1, 1995.
(d) Employees of the city on November 1, 1995, who on such date held jobs that
entitled them to accrue more than eighty -eight (88) hours of holiday time per
year shall continue to accrue holiday time at the rate of accrual in effect on
November 1, 1995, so long as they hold such jobs and until termination of their
city service. All employees of the city hired or rehired after November 1, 1995,
shall accrue holiday time pursuant to subsection (c) of this section.
(e) The officers and employees of the city shall remain in their respective offices
during the hours herein provided for, and at such other times, including the
days on which the offices may be closed pursuant to subsections (a) and (b) of
this section, as the heads of the departments shall require, except when official
business requires that they be absent therefrom. The city manager and other
council- appointed officers shall establish working hours for employees under
their jurisdiction.
522
(f) Notwithstanding any provisions of this section to the contrary, the city manager,
the deputy city manager, the assistant city managers, the city clerk, the director
of finance, the city attorney, the municipal auditor, the director of real estate
valuation and the city registrar shall not accumulate any equivalent time off for
hours worked in addition to regular office hours; provided, however, that any
such officer may be absent from his office during regular office hours, without
penalty, so long as such absence does not interfere with the normal operations
of such office.
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
oet,cj[ ac. vkceo� - 1��.
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of December, 2020.
No. 41946- 122120.
AN ORDINANCE authorizing and approving a one -time payment in appreciation
to certain City full -time employees in the amount of $1,000 each, a one -time payment to
certain City part-time employees in the amount of $500 each, and dispensing with the
second reading of this Ordinance by title.
WHEREAS, City Council desires to reward the continued good work and
dedication of the City's employees throughout the COVID-19 pandemic.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. All full -time employees who worked for the City as of October 1, 2020,
including all department directors, the City's Constitutional officers and their employees,
Court Clerks and personnel, as well as Council- appointed officers, shall receive a
payment in appreciation of their service during the COVID -19 pandemic in the amount of
$1,000 each on the City's January 6, 2021 pay date, such payment to be subject to all
applicable tax withholdings.
523
2. All part -time employees who worked for the City as of October 1, 2020,
including all employees of the City's Constitutional officers, shall receive a payment in
appreciation of their service during the COVID -19 pandemic in the amount of $500 each
on the City's January 6, 2021 pay date, such payment to be subject to all applicable tax
withholdings.
3. Employees who work under a prorated work agreement will receive a
prorated payment.
4. City Council, the City Manager, the Deputy City Manager, the Assistant City
Manager, members of any Boards or Commissions, poll workers, Berglund Center event
staff, temporary staffing agency employees, and any separated or furloughed employees
at the time this payment is made, shall not receive any payment authorized by this
Ordinance.
5. The second reading by title of this Ordinance is hereby dispensed with
pursuant to the provisions of Section 12 of the City Charter.
APPROVED
ATTEST:
d - � V" 6�
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 sc day of December, 2020.
No. 41947 - 122120.
AN ORDINANCE to appropriate funding from the Commonwealth, federal and
private grant for various educational programs, amending and reordaining certain
sections of the 2020 - 2021 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 2020 - 2021 School Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
524
APPROPRIATIONS
Personal Services
Benefits
Prof Other Pro Services
Internal Services
Travel
Materials & Supplies
Personnel Services
Benefits
Materials & Supplies
Bonuses
Social Security
REVENUE
Federal Grant Receipts
Federal Grant Receipts
State Grant Receipts
302-
110-
1101 -
1000-
302 -
110-
1101 -
1000-
302 -
110-
1101 -
1000-
302 -
110-
1101 -
1000-
302 -
110-
1101 -
1000-
302 -
110-
1101 -
1000-
302 -
000-
000o-
0000-
302 -
000-
000o-
0000-
302 -
000-
0000-
0000-
302 -
110-
0000 -
0000-
302 -
110-
0000-
0000-
137Q -
61310-
41129-
0-
01 $
36, 300.00
137Q -
611310-
42201 -
0-
01
1,500.00
137Q -
61310-
43313-
0-
01
60,429.23
137Q -
62100-
44450-
3-
01
1,500.00
1370-
61310-
45551 -
9-
00
2,000.00
137Q -
61310-
46613-
3-
01
59,342.01
169Q -
61310-
41141 -
9-
01
10,000.00
169Q -
61310-
42204-
9-
01
765.00
169Q -
61310-
46630-
9-
01
2,128.00
327Q -
61100-
41660-
3-
01
13,934.04
327Q -
61100-
42201 -
3-
01
1,065.96
302 - 000 - 0000 - 0000 - 137Q - 00000 - 38365 - 0 - 00 $ 161,071.24
302 - 000 - 0000 - 0000 - 169Q - 00000 - 38365 - 0 - 00 12,893.00
302 - 100 - 0000 - 0000 - 327Q - 00000 - 32400 - 0 - 00 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.
ATTEST:
APPROVED
"# q-xe-04'e
Cecelia F. McCoy, CMC C.
City Clerk Sherman P. Lea, Sr.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of December, 2020.
No. 41948- 122120.
AN ORDINANCE to amend the 2020 - 2021 school board budget as originally
appropriated funding from the Commonwealth, amending and re- ordaining certain
sections of the 2020 - 2021 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 2020 - 2021 School Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
School General Fund
Revenues
Appropriations $ 8'926'289
8,926,289
525
Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
0.e" , • : " C-- I ,
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of December, 2020.
No. 41949 - 122120.
A RESOLUTION paying tribute to the Honorable Michelle L. Davis, and expressing
to her the appreciation of the City and its people for her exemplary public service.
WHEREAS, Ms. Davis is a native of Roanoke, Virginia, and earned a Bachelor of
Arts in American Culture from the University of Michigan, in Ann Arbor, Michigan;
WHEREAS, during her career Ms. Davis has served as Chief Operating Officer for
Common Wealth Growth, worked as a Realtor for Hall Associates, Inc.; and currently
serves as Executive Director of the Boys and Girls Club of Southwest Virginia;
WHEREAS, in 2016 Ms. Davis was elected to serve on Roanoke City Council;
WHEREAS, as a member of Roanoke City Council, Ms. Davis has served on
Boards and Committees including as Vice - President of the Greater Roanoke Transit
Company; as a member of the Audit Committee, as Alternate Liaison for the Roanoke
Redevelopment and Housing Authority; as an Elected Official Representative for the
Virginia Municipal League's Finance Policy Committee and the Virginia Municipal League
Transportation Policy Committee; as Vice -Chair of the Legislative Committee; as Chair of
the City Council Personnel Committee; and as an Elected Official Representative for the
Roanoke Valley - Alleghany Regional Commission;
WHEREAS, her civic activities in the community include Toy Chairman for
Community Christmas Store; Past President of Mountain View Neighborhood
Association; Committee Member for XPerience YP Conference; and as a Committee
Member and the Founder of The Making Foundation; and
526
WHEREAS, it is appropriate and right that this City Council express its appreciation
for the service provided by Ms. Davis to the City and its citizens.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. Council adopts this means of recognizing and commending the many services
rendered to the City of Roanoke and its people by the Honorable Michelle L. Davis.
2. The City Clerk is directed to forward an attested copy of this resolution to the
Honorable Michelle L. Davis with the appreciation of Roanoke City Council and the
citizens of Roanoke, Virginia for her exemplary service on Roanoke City Council.
ATTEST: APPROVED
�� Z"�, S wu&je ?, VC .
Cecelia F. McCoy, CMC
Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of December, 2020.
No. 41950 - 122120.
A RESOLUTION paying tribute to the Honorable Anita James Price, and
expressing to her the appreciation of the City and its people for her exemplary public
service.
WHEREAS, Ms. Price is native of Arlington, Virginia, attended Hampton University,
and earned a Bachelor of Arts Degree in Vocational Education and Home Economics
from Morgan State College, as well as a Master's Degree in Guidance and Counseling
from Virginia Tech;
WHEREAS, Ms. Price began her teaching career in Baltimore, Maryland and, upon
relocation to Roanoke in 1977, taught at Patrick Henry High School for 10 years;
WHEREAS, Ms. Price later became a counselor during the transition of Roanoke
City Public School's junior high schools to the middle school concept and, in 1991,
became a school counselor at Round Hill and Huff Lane Elementary Schools;
WHEREAS, while working as a school counselor, Ms. Price served for five years
as President of the Roanoke Education Association;
527
WHEREAS, Ms. Price dedicated 35 years to public school education and prides
herself as an advocate for the youth of Roanoke;
WHEREAS, in 2008, Ms. Price was elected as the first African - American woman
to serve on Roanoke City Council, serving for three 4 -year terms; and upon her re- election
in 2016, served as Roanoke's first female African - American Vice -Mayor for two years;
WHEREAS, as a member of Roanoke City Council, Ms. Price has served on
Council- appointed Boards and Committees including as a member of the Roanoke Valley
Cable Television Committee, the Personnel Committee, and the Legislative Committee;
as Liaison to the Roanoke Redevelopment and Housing Authority; as Chair of the City
Audit Committee; as Alternate Elected Official Representative for Virginia's First Regional
Industrial Facility Authority; as President of the Greater Roanoke Transit Company; as
the City Representative for the Virginia Municipal League's Human Development and
Education Policy Committee, and as Vice -Chair of the National League of Cities' Council
on Youth, Education, and Families;
WHEREAS, during her time as a member of Roanoke City Council, Ms. Price
spearheaded the reconstitution of the Youth Services Citizen Board in 2014; annually
took students from the Youth Services Citizen Board to the National League of Cities
Conference in Washington, D.C.; and hosted the Annual Youth Summit at the City's high
schools;
APPROVED
ATTEST:
&J,k 11�
J% L/)2 "t, C 7-
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 Sc day of December, 2020.
No. 41951- 122120.
AN ORDINANCE authorizing the City Manager to execute a purchase and sale
agreement with First Baptist Church of Roanoke ( "First Baptist "), for the purchase of two
vacant parcels of property located at 0 Church Avenue, S. W., Roanoke, Virginia, bearing
Official Tax Map Nos. 1011319 and 1011320 ( "Property ") to the City of Roanoke, Virginia
( "City "), upon certain terms and conditions; and dispensing with the second reading of
this Ordinance by title.
528
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager is hereby authorized, for and on behalf of the City, to execute
a purchase and sale agreement and all other necessary documents, in a form approved
by the City Attorney, providing for the sale and conveyance of the Property from First
Baptist to the City, to be used as a supplemental parking lot for its police vehicles for the
sum of $350,000, and as more particularly stated in the City Council Agenda Report dated
December 21, 2020.
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:
(?4utt,a- � c;CC
v Q'
Cecelia F. McCoy, CMC herman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of December, 2020.
No. 41952 - 122120.
A RESOLUTION authorizing the City Manager's issuance and execution of
additional change orders to the City's contract with Gregori Construction Inc., for
additional construction services for the Roanoke River Greenway "Bridge the Gap"
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 contract, as amended.
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 change orders as may be necessary to the City's contract with
Gregori Construction Inc., in an amount not to exceed an additional $97,532.74, including
Change Order Number 2 in the amount of $72,532.74, for additional construction services
for the Roanoke River Greenway "Bridge the Gap" Project, all as more fully set forth in
the City Council Agenda Report dated December 21, 2020.
529
2. The form of such Change Orders and any additional change orders shall be
approved by the City Attorney.
3. The Change Orders 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 the Change Orders and such other amendments will
not exceed an additional $97,532.74, 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 the Change Orders and any such additional
amendments. Such documents shall be approved as to form by the City Attorney.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC 4he"man P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of December, 2020.
No. 41953 - 122120.
AN ORDINANCE permanently vacating, discontinuing and closing a public right -
of -way in the City of Roanoke located at the western property line of 631 Campbell
Avenue S. E., bearing Official Tax Map No. 4011116, and adjacent to 605 Campbell
Avenue S. E., bearing Official Tax Map No. 4011111, and 5 properties identified as 0
Church Avenue S. E., bearing Official Tax Map Nos. 4011131, 4011132, 4011133,
4011134, and 4011135, respectively, as more particularly described hereinafter; and
dispensing with the second reading of this ordinance by title.
WHEREAS, Lucas Thornton for Lawson Building, LLC, filed an application with the
Council of the City of Roanoke, Virginia ( "City Council "), in accordance with law,
requesting City Council to permanently vacate, discontinue and close a certain public
right -of -way described hereinafter;
530
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
December 21, 2020, 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 situated in the City of Roanoke, Virginia, and more particularly
described as follows:
A 30 foot wide undeveloped right of way beginning at the western property line of
631 Campbell Avenue S. E., bearing Official Tax Map No. 4011116, and
terminating at a line perpendicular to the right -of -way extending from the southwest
corner of the property at 605 Campbell Avenue S. E. to the northwest corner of the
property at 0 Church Avenue S. E., bearing Official Tax Map No. 4011131.
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 N..,
permanent removal from the above - described public right -of -way of any such
municipal installation or other utility or facility by the owner thereof.
531
1. 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.
2. 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 twelve thousand four hundred eighty dollars
($12,480) as consideration pursuant to §15.2 -2008, Code of Virginia (1950), as amended,
for the vacated right -of -way, or offset the valuation with improvements made within the
public right -of -way that are approved by the Agent for the Planning Commission and
executed through a memorandum of understanding between the applicant and the City
of Roanoke.
3. The applicant shall, upon meeting all other conditions to the granting of the
application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a
certified copy of this ordinance for recordation where deeds are recorded in such Clerk's
Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and
in the name of the applicant, and the names of any other parties in interest who may so
request, as Grantees, and pay such fees and charges as are required by the Clerk to
effect such recordation.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC erman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 sc day of December, 2020.
No. 41954 - 122120.
AN ORDINANCE rezoning certain property located at 631 Campbell Avenue S. E.,
605 Campbell Avenue S. E., five parcels addressed as 0 Church Avenue S. E., and the
portion of right -of -way requested for vacation between said parcels, bearing Official Tax
Map No. 4011116, 4011111, 4011131, 4011132, 4011133, 4011134, 4011135,
532
respectively, which is being rezoned from D, Downtown District with conditions; 1 -1, Light
Industrial District; and MX, Mixed Use District to D, Downtown District; and MX, Mixed
Use District; repealing Ordinance No. 38317 - 121508, adopted December 15, 2008, to the
extent it required conformity to a particular development plan; and dispensing with the
second reading of this ordinance by title.
WHEREAS, Lucas Thornton for Lawson Building, LLC has made application to the
Council of the City of Roanoke, Virginia ( "City Council "), to repeal all conditions proffered
as part of a previous rezoning on property located at 631 Campbell Ave S. E. and rezone
property located 631 Campbell Avenue S. E., 605 Campbell Avenue S. E., five parcels
addressed as 0 Church Avenue S. E., and the portion of right -of -way requested for
vacation between said parcels, bearing Official Tax Map No. 4011116, 4011111,
4011131, 4011132, 4011133, 4011134, 4011135, respectively, from D, Downtown
District with conditions; 1 -1, Light Industrial District; and MX, Mixed Use District to D,
Downtown District; and MX, Mixed Use District, as set forth in the Zoning Amendment
Application, Amendment No. 1 dated November 13, 2020;
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by Section 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 21, 2020, after due and timely notice thereof as required by Section
36.2 -540, Code of the City of Roanoke (1979), as amended, at which hearing all parties
in interest and citizens were given an opportunity to be heard, both for and against the
proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to City Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, finds that the
public necessity, convenience, general welfare and good zoning practice, require the
rezoning of the subject properties, and require the repealing of Ordinance No. 38317-
121508, adopted December 15, 2008, to the extent it required conformity to a particular
development plan; and for those reasons, is of the opinion that the hereinafter described
properties should be rezoned as herein provided; and that the condition now binding upon
Tax Map No. 4011116, should be repealed as requested.
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, is
hereby amended to reflect that 631 Campbell Avenue S. E., 605 Campbell Avenue S. E.,
five parcels addressed as 0 Church Avenue S. E., and the portion of right -of -way
requested for vacation between said parcels, bearing Official Tax Map No. 4011116, ,�
533
4011111, 4011131, 4011132, 4011133, 4011134, 4011135, respectively be, and are
hereby REZONED, from D, Downtown District with conditions; 1 -1, Light Industrial District;
and MX, Mixed -Use District to D, Downtown District; and MX, Mixed -Use District as set
forth in the Zoning Amendment Application, Amended Application No. 1.
2. Ordinance No. 38317 - 121508, adopted December 15, 2008, to the extent it
required conformity to a particular development plan, 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.
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:
Cecelia F. McCoy, CMC *Se n P. Lea,
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of December, 2020.
No. 41955 - 122120.
AN ORDINANCE adopting City Plan 2040, dated December 21, 2020, the
comprehensive plan for the City of Roanoke; adopting as elements of City Plan 2040
those neighborhood plans and plans of development previously adopted as elements of
Vision 2001 - 2020; and dispensing with the second reading of this ordinance by title.
WHEREAS, Section 15.2 -2223 of the Code of Virginia (1950), as amended,
requires the Planning Commission for the City of Roanoke ( "Planning Commission ") to
prepare and recommend to the City Council for adoption a comprehensive plan for the
physical development of the City of Roanoke;
WHEREAS, on August 20, 2001, by Ordinance No. 35535, City Council adopted
Vision 2001 - 2020, Comprehensive Plan for Roanoke, Virginia, ( "Vision 2001 - 2020 "),
as the comprehensive plan for the City of Roanoke;
WHEREAS, the Planning Commission has determined that Vision 2001 - 2020 is
outdated and should be replaced;
534
WHEREAS, the Planning Commission has prepared City Plan 2040, dated
December 21, 2020 ( "City Plan 2040 "), a comprehensive plan for the physical
development of the City of Roanoke;
WHEREAS, the Planning Commission has received public comments pertaining
to City Plan 2040 and its recommendation takes into account those public comments.
WHEREAS, the Arts and Cultural Plan, adopted by City Council in Ordinance No.
39190, (August 15, 2011), the Citywide Brownfield Redevelopment Plan, adopted by City
Council in Ordinance No. 38005, (January 22, 2008), the Downtown Roanoke 2017,
adopted by City Council in Ordinance No. 41026, (December 18, 2017), the Parks and
Recreation Master Plan, adopted by City Council in Ordinance No. 41524, (August 15,
2019), the Roanoke Valley Conceptual Greenway Plan, adopted by City Council in
Ordinance No. 41264, (September 17, 2018), the Urban Forestry Plan, adopted by City
Council in Ordinance No. 36289, (April 21, 2003), the Wireless Telecommunication
Policy, adopted by City Council in Ordinance No. 40650, (September 19, 2016), the
Belmont - Fallon Neighborhood Plan, adopted by City Council in Ordinance No. 36219,
(January 21, 2003), the Countryside Master Plan, adopted by City Council in Ordinance
No. 39149, (June 20, 2011) amended in Ordinance No. 39511, (September 17, 2012)
and in Ordinance No. 39559, (December 17, 2012), the Evans Spring Area Plan, adopted
by City Council in Ordinance No. 39638, (April 15, 2013), the Fairland /Villa Heights
Neighborhood Plan, adopted by City Council in Ordinance No. 36946, (January 18, 2005),
the Franklin Road /Colonial Avenue Area Plan, adopted by City Council in Ordinance No.
36750, (June 21, 2004), the Gainsboro Neighborhood Plan, adopted by City Council in
Ordinance No. 36265, (March 17, 2003), the Garden City Neighborhood Plan, adopted
by City Council in Ordinance No. 37259, (November 21, 2005), the Gilmer Neighborhood
Plan, adopted by City Council in Ordinance No. 36626, (February 17, 2004), the Grandin
Court Neighborhood Plan, adopted by City Council in Ordinance No. 36947, (January 18,
2005), the Greater Deyerle Neighborhood Plan, adopted by City Council in Ordinance No.
37517, (August 21, 2006), the Greater Raleigh Court Neighborhood Plan, adopted by City
Council in Ordinance No. 37794, (May 21, 2007), the Harrison & Washington Park
Neighborhood Plan, adopted by City Council in Ordinance No. 36550, (November 17,
2003), the Hollins/Wildwood Area Plan, adopted by City Council in Ordinance No. 37103,
(June 20, 2005), the Hurt Park/Mountain View/West End Neighborhood Plan, adopted by
City Council in Ordinance No. 36405, (June 16, 2003), the Loudon - Melrose /Shenandoah
West Neighborhood Plan, adopted by City Council in Ordinance No. 38934, (August 16,
2010), the Melrose -Rugby Neighborhood Plan, adopted by City Council in Ordinance No.
38933, (August 16, 2010), the Mill Mountain Park Management Plan, adopted by City
Council in Ordinance No. 37318, (February 21, 2006), the
Morningside /Kenwood /Riverdale Neighborhood Plan, adopted by City Council in
Ordinance No. 36493, (September 15, 2003), the Mountain View /Norwich Corridor Plan,
adopted by City Council in Ordinance No. 38238, (September 15, 2008), the Norwich
Neighborhood Plan, adopted by City Council in Ordinance No. 36491, (September 15,
2003), the Old Southwest Neighborhood Plan , adopted by City Council in Ordinance No.
38553, (July 20, 2009), the Peters Creek North Neighborhood Plan, adopted by City
535
Council in Ordinance No. 36181, (December 16, 2002), the Peters Creek South
Neighborhood Plan, adopted by City Council in Ordinance No. 37224, (October 17, 2005),
the Riverland/Walnut Hill Neighborhood Plan, adopted by City Council in Ordinance No.
36797, (July 19, 2004), the South Jefferson Redevelopment Area, adopted by City
Council in Ordinance No. Resolution 35248, (March 19, 2001), amended in Ordinance
No. 38844, (June 21, 2010) and in Ordinance No. 39301, (February 6, 2012), the South
Roanoke Neighborhood Plan, adopted by City Council in Ordinance No. 38025,
(February 19, 2008), the Southern Hills Neighborhood Plan, adopted by City Council in
Ordinance No. 36110, (October 15, 2002), the Wasena Neighborhood Plan, adopted by
City Council in Ordinance No. 36492, (September 15, 2003), and the Williamson Road
Area Plan, adopted by City Council in Ordinance No. 36888, (October 18, 2004),
(hereinafter referred collectively as "Element Plans "), have been adopted as elements of
Vision 2001 - 2020;
WHEREAS, the purpose of City Plan 2040 is to replace Vision 2001 - 2020, but
not the Element Plans adopted as elements of Vision 2001 - 2020;
WHEREAS, each of such Element Plans referenced above conforms to, and is
substantially in accord with, City Plan 2040;
WHEREAS, the Commission, after giving proper legal notice, and after conducting
a public hearing on the matter, recommended to City Council that City Plan 2040 should
be adopted by the City Council for the City of Roanoke as the comprehensive plan for the
physical development of the City of Roanoke to replace Vision 2001 - 2020, and that all
Element Plans referenced above should be adopted as elements of City Plan 2040 by the
City Council for the City of Roanoke and certified and sent to the City Council for the City
of Roanoke for its consideration; and
WHEREAS, this Council, after giving proper legal notice, and after conducting a
public hearing on the matter, desires to adopt City Plan 2040 as the comprehensive plan
for the City of Roanoke and to adopt the Element Plans as elements of City Plan 2040.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. City Plan 2040 be and hereby is adopted by the City Council as the
comprehensive plan for the physical development of the City of Roanoke to replace Vision
2001 -2020.
2. All Element Plans referenced above are hereby adopted as elements of City
Plan 2040.
536
3. 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
0.e_4 &ac VA6r
Cecelia F. McCoy, CMC i
*Se an P. Lea
City Clerk Mayor
, Sr.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of December, 2020.
No. 41956- 122120.
AN ORDINANCE authorizing the conveyance of a permanent 20' sanitary sewer
easement, containing 4,200 square feet, more or less, and a variable width temporary
construction easement, containing 5,378 square feet, more or less, across City -owned
property bearing Official Tax Map No. 1221406, located adjacent to Hannah Circle,
S. W., and Midvale Avenue, S. W., to the Western Virginia Water Authority, upon certain
terms and conditions; and dispensing with the second reading by title of this ordinance.
WHEREAS, a public hearing was held by City Council on December 21, 2020,
pursuant to Sections 15.2 -1800 and 15.2 -1813, Code of Virginia (1950), as amended,
after being duly advertised and scheduled, at which hearing all parties in interest and
citizens were afforded an opportunity to be heard on the conveyance of such real property
interests.
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 permanent 20' sanitary sewer
easement, containing 4,200 square feet, more or less, and a variable width temporary
construction easement, containing 5,378 square feet, more or less, across City -owned
property bearing Official Tax Map No. 1221406, located adjacent to Hannah Circle,
S. W., and Midvale Avenue, S. W., to the Western Virginia Water Authority (Authority), in
connection with the Authority's Hannah Circle Sewer Realignment Project, at Authority's
request, in order for Authority to construct, install, operate, repair, and maintain a
sewerline to serve adjacent properties, as more particularly set forth in the City Council
Agenda Report dated December 21, 2020.
537
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:
� J-. yxco�
Cecelia F. McCoy, CMC
City Clerk
4Q-V�R-
Sherman P. Lea, 6r.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of December, 2020.
No. 41957 - 122120.
AN ORDINANCE authorizing the City Manager to execute the necessary
documents providing for the acceptance by the City of Roanoke of certain real property
interests owned by Walker Machine & Foundry Corporation, and the conveyance of
certain interests of City —owned property to Walker Machine & Foundry Corporation, upon
certain terms and conditions; and dispensing with the second reading of this ordinance
by title.
WHEREAS, the City of Roanoke ( "City ") entered into negotiations with Walker
Machine & Foundry Corporation ( "Walker ") to acquire certain real property owned by
Walker located in the City of Roanoke, Virginia bearing Roanoke Official Tax Map Nos.
1410204 and 1410205, situated at 0 Railroad Avenue, S. W., located adjacent to the
Roanoke River (the "River Parcels "), to be used by City to complete the Roanoke River
Greenway,
WHEREAS, as part of the negotiations to acquire the River Parcels, City agreed
to quitclaim to Walker a 41,448 square foot portion of City -owned property in fee simple
bearing Roanoke Official Tax Map No. 1420202, commonly known as the "Beltline,"
located adjacent to real property owned by Walker bearing Roanoke Official Tax Map No.
1420201,
WHEREAS, Walker agreed to quitclaim all of its interest in a 0.8728 acre portion
of Roanoke Official Tax Map No. 1420202 to City, located adjacent to real property owned
by Walker bearing Roanoke Official Tax Map No. 1410208,
538
WHEREAS, City further agreed to convey Walker two drainage easements across
Roanoke Official Tax Map No. 1210205 to accommodate two existing outfall pipes, and
one drainage easement across Roanoke Official Tax Map No. 1210205, to accommodate
development of adjacent property owned by Walker bearing Roanoke Official Tax Map
No. 1420201, immediately upon City acquiring the River Parcels from Walker; and
WHEREAS, a public hearing was held by City Council on December 21, 2020,
pursuant to Sections 15.2 -1800 and 15.2 -1813, Code of Virginia (1950), as amended,
after being duly advertised and scheduled, at which hearing all parties in interest and
citizens were afforded an opportunity to be heard on the conveyance of such real property
interests.
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 City, to execute
the necessary documents to accept from Walker Machine & Foundry Corporation the
following property interests:
(a) Roanoke Official Tax Map No. 1410204, consisting of 0.985 acres, more or
less, situated at 0 Railroad Avenue, S. W., in fee simple by General
Warranty deed,
(b) Roanoke Official Tax Map No. 1210205, consisting of 3.981 acres, more or
less, situated at 0 Railroad Avenue, S. W., in fee simple by General
Warranty deed, and
(c) a 0.8728 acre portion of Roanoke Official Tax Map No. 1420202 by
quitclaim deed, as further stated in the City Council Agenda Report dated
December 21, 2020.
2. The City Manager is further authorized to sign the documents necessary to
convey the following interests in real property to Walker Machine & Foundry Corporation:
(a) a 41,448 square foot portion of City owned property in fee simple, being a
portion of Roanoke Official Tax Map No. 1420202, by quitclaim deed,
(b) a 20' permanent private drainage easement across Official Tax Map No.
1410205, containing 3,947 square feet, more or less, for the purpose of
accommodating existing outfall pipes, upon the City acquiring Official Tax
Map No. 1410205,
539
(c) a 20' permanent private drainage easement across Official Tax Map No.
1410205, containing 3,387 square feet, more or less, for the purpose of
accommodating development of adjacent parcels owned by Walker, upon
the City acquiring Official Tax Map No. 1410205, and
(d) a 20' permanent private drainage easement across Official Tax Map No.
1410205, containing 3,105 square feet, more or less, for the purpose of
accommodating existing outfall pipes, upon the City acquiring Official Tax
Map No. 1410205; all of the above as further stated in the City Council
Agenda Report dated December 21, 2020.
3. All documents necessary for the above acceptances and 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:
J.
Cecelia F. McCoy, CMC *he-"man P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of December, 2020.
No. 41958 - 122120.
AN ORDINANCE authorizing the vacation of a 15' public drainage easement, and
a 25' public ingress /egress easement, held by the City of Roanoke ( "City ") across real
property owned by Carilion Medical Center ( "Carilion ") bearing Official Tax Map No.
4060301, upon certain terms and conditions; and dispensing with the second reading by
title of this ordinance.
WHEREAS, a public hearing was held by City Council on December 21, 2020,
pursuant to Sections 15.2 -1800 and 15.2 -1813, Code of Virginia (1950), as amended,
after being duly advertised and scheduled, at which hearing all parties in interest and
citizens were afforded an opportunity to be heard on the conveyance of such real property
interests.
540
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 vacation of a 15' public drainage easement,
and a 25' public ingress /egress easement held by the City of Roanoke ( "City ") across real
property owned by Carilion Medical Center ( "Carilion ") bearing Official Tax Map No.
4060301, at the request of Carilion, in connection with Carilion's expansion of Roanoke
Memorial Hospital, as more particularly set forth in the City Council Agenda Report dated
December 21, 2020.
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:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of December, 2020.
No. 41959 - 122120.
A RESOLUTION approving an amendment to the City of Roanoke's 2015 - 2019
Consolidated Plan, through its 2019 - 2020 Annual Plan, to reallocate a portion of the
second allotment of certain unspent Emergency Solutions Grant (ESG -CV2) funds
received by the City from the United States Department of Housing and Urban
Development (HUD) for the 2019 - 2020 Plan Year due to the COVID -19 disaster;
authorizing the City Manager or the City Manager's designee to submit such amendment
to HUD for final review and approval; and further authorizing the City Manager to execute
all necessary documents required for such amendment.
WHEREAS, in March 2020, Congress passed the Coronavirus Aid, Relief and
Economic Securities (CARES) Act, which allocated additional funds to localities for CDBG
and ESG programs to address the COVID -19 disaster, and localities were given the
option of amending their 2019 - 2020 Annual Plans to expedite their use of these funds;
541
WHERESAS, by Resolution No. 41753 - 061520 adopted by Roanoke City Council
on June 15, 2020, after a public comment period was advertised and a public hearing
was properly held prior to the end of the public comment period, City Council authorized
the amendment of the City's 2019 - 2020 Annual Plan to reallocate certain ESG -CV
funding made available to the City from HUD pursuant to the CARES Act to be used to
fund homeless assistance services in connection with the COVID -19 disaster;
WHEREAS, on June 9, 2020, the City received notification from HUD of the
availability of an additional allotment of ESG -CV funds (ESG -CV2) available to the City in
the amount of $894,995, a portion of which the City desires to reallocate in the amount of
$500,000 to be used to prevent, prepare for, and respond to the COVID -19 pandemic
among individuals and families who are homeless or receiving homeless assistance, and
to support additional homeless assistance and homelessness prevention activities to
mitigate the impacts of COVID-19; and
WHEREAS, a thirty (30) day public comment period was properly advertised and
a public hearing was held by City Council on September 8, 2020, prior to the end of the
comment period, as required by law for City Council to consider such amendment to the
Consolidated Plan to reallocate such ESG -CV2 grant funds.
WHERESAS, by Resolution No. 41875 - 092120 adopted by Roanoke City Council
on September 21, 2020, after a public comment period was advertised and a public
hearing was properly held prior to the end of the public comment period, City Council
authorized the amendment of the City's 2019 - 2020 Annual Plan to reallocate certain
ESG -CV funding made available to the City from HUD pursuant to the CARES Act to be
used to fund homeless assistance services in connection with the COVID -19 disaster;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The proposed amendment to the 2019 - 2020 Annual Plan to reallocate
CDBG and ESG -CV2 funds received by the City from HUD for the 2019 - 2020 Plan year
in the amount of $394,995 to be used for homelessness prevention and sheltering in
connection with the COVID-19 disaster, as further set forth in the City Manager's City
Council Agenda Report dated December 21, 2020, is approved.
2. The City Manager, or his designee, is hereby authorized to execute any
necessary documents pertaining to such amendment, and that may be required to accept
such funds, and to submit the amendment to the City of Roanoke's 2019 - 2020 Annual
Plan to HUD for final review and approval.
3. The City Manager is authorized to execute such subgrant agreements and
amendments with service providers as may be required pursuant to the amendment to
the 2019 - 2020 Annual Plan, and as may otherwise exceed the City Manager's authority
under Section 2 -124 of the Code of the City of Roanoke, as amended, such subgrant
542
agreements or amendments to be within the limits of funds provided for in such
amendment to the 2019 - 2020 Annual Plan and to be approved as to form and as to
execution by the City Attorney, all as more particularly set forth in the City Council Agenda
Report dated December 21, 2020.
ATTEST:
APPROVED
0
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 St day of December, 2020.
No. 41960- 122120.
AN ORDINANCE to appropriate funding from the Department of Housing and
Urban Development (HUD) for the Emergency Solutions Grant (ESG), amending and
reordaining certain sections of the 2020 - 2021 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 2020 - 2021 Grant Fund Appropriations be, and the same are hereby, amended
and reordained to read and provide as follows:
Appropriations
ESG — ARCH
ESG — Rescue Mission Cold Sheltering
Program
ESG — ARCH
Revenues
ESG CARES COVID -19 FY20
ESG CARES CV- 2- COVID -19 FY20
35 -E20- 5234 -5650
$ 10
35 -E20- 5238 -5670
45,000
35 -E20- 5238 -5650
349,995
35 -E20- 5234 -5234
10
35 -E20- 5238 -5238
394,995
543
Pursuant 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 takt'a' j.- v %&Y-
Cecelia F. McCoy, CMC Sherman P. Lea, r.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of January, 2021.
No. 41961- 010421.
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 commenced January 1, 2021, at the regular Councilmanic election
held on the first Tuesday in November, 2020.
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 1St day of January, 2021,
and continuing for a period of four years, and until his successor shall have been elected
and qualified.
ATTEST:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
544
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of January, 2021.
No. 41962- 010421.
A RESOLUTION recognizing the Honorable Patricia White -Boyd to be a member
of the City Council and Vice -Mayor of the City of Roanoke.
WHEREAS, the Honorable Patricia White -Boyd received the largest number of
votes of any candidate running for City Council in the regular Councilmanic election held
on the first Tuesday in November, 2020, and was, therefore, elected Vice -Mayor of the
City for a two -year term, which commenced as of January 1, 2021, as provided by
Section 4 of the Charter of the City of Roanoke.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the
Honorable Patricia White -Boyd be, and is, hereby recognized to be a duly elected
member of the Council of said City for a term commencing on the 1 st day of January, 2021,
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
January 1, 2021, and continuing for a period of two years and until her successor shall
have been elected and qualified.
ATTEST: APPROVED
r Zedu, "d,44T 4
Cecelia F. McCoy, CMC Sherman P. Lea, r. I
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of January, 2021.
No. 41963- 010421.
A RESOLUTION paying tribute to the Honorable Joseph L. Cobb 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, Joseph L. Cobb was elected as Vice -Mayor in May 2018; and
545
WHEREAS, Joseph L. Cobb has worked diligently for the citizens of the City of
Roanoke during the past two -years as Vice - Mayor.
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 Joseph L.
Cobb, as Vice - Mayor.
2. The City Clerk is directed to forward an attested copy of this Resolution to the
Honorable Joseph L. Cobb.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of January, 2021.
No. 41964- 010421.
A RESOLUTION establishing a meeting schedule for City Council for January 1,
2021, and terminating December 31, 2021.
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
commencing January 1, 2021 and terminating December 31, 2021.
2. As a result of the COVID -19 pandemic disaster and the declarations of
emergency by the President of the United States, the Governor of the Commonwealth of
Virginia, and the City of Roanoke, City Council adopted Ordinance No. 41703- 032720, at
a special session of City Council on March 27, 2020, to effectuate temporary changes in
certain deadlines, modifying public meetings and public hearing practices and procedures
to address the continuity of operations. Council Meetings and public hearings of City
Council may be conducted by electronic communication means until the expiration of
Amended Executive Order 51 issued by the Governor of the Commonwealth of Virginia
on August 17, 2020.
546
3. City Council shall hold regular meetings on the first and third Mondays of each
month, at the following times of commencement:
(a) Unless otherwise provided by resolution of Council, each regular
meeting on the first Monday in each month shall commence at 9:00 a.m. for
the conduct of informal meetings, work sessions, or closed meetings.
Thereafter, Council shall take up the regular agenda at 2:00 p.m. Council
may recess between the 9:00 a.m. session and the 2:00 p.m. session.
(b) Unless otherwise provided by resolution of Council, each regular
meeting on the third Monday in each month shall commence at 2:00 p.m.
for the conduct of regular business. The second meeting of each month
shall be recessed upon the completion of all business except the conduct
of public hearings, and such meeting shall be reconvened at 7:00 p.m. on
the same day for the conduct of public hearings.
4. When any regularly scheduled Monday meeting shall fall on a holiday of the
City, such meeting shall be held on Tuesday next following.
5. 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 Chamber 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.
6. This Resolution shall have no application to special meetings of City Council
called pursuant to Section 10 of the City Charter.
ATTEST: APPROVED
Cecelia F. McCoy, CMC
City Clerk
Sherman P. Lea, Sr.
Mayor
547
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of January, 2021.
No. 41965- 010421.
A RESOLUTION authorizing the acceptance of Coronavirus Aid, Relief, and
Economic Security Act (CARES) funding in the amount of $199,646.00 by the City of
Roanoke from the United States Department of Health and Human Services as part of
the CARES Act Provider Relief Fund, which provides reimbursement of fees to eligible
providers who bill for Medicare fee - for - service in connection with the COVID -19
Coronavirus Pandemic, 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 the CARES funding in the amount of
$199,646.00 from the United States Department of Health and Human Services, with no
local match required from the City, as part of the CARES Act Provider Relief Fund which
provides reimbursement of fees to eligible providers who bill for Medicare fee - for - service
in connection with the COVID -19 Coronavirus Pandemic, as more particularly described
in the City Council Agenda Report dated January 4, 2021.
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.
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:
Cecelia F. McCoy, CMC
City Clerk
4earmawn P. Lea, Sr.
Mayor
Mu
F*016�
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 41h day of January, 2021.
No. 41966- 010421.
AN ORDINANCE to appropriate funding from the United States Treasury for the
Coronavirus Aid, Relief, and Economic Security Act (CARES Act) — Provider Relief Fund,
amending and reordaining certain sections of the 2020 - 2021 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 2020 - 2021 Grant Fund Appropriations be, and the same are hereby, amended
and reordained to read and provide as follows:
Appropriations
Coronavirus Expenses
Revenues
CARES Act FY21 — EMS Provider Relief
35- 250 - 5239 -3081 $ 199,646
35- 250 - 5239 -5239 199,646
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
OZUL,�_J-- W�r_� .4
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of January, 2021.
No. 41967- 010421.
A RESOLUTION authorizing the City Manager to accept, on behalf of the City of
Roanoke, "pass- through" funding from the Commonwealth of Virginia, Department of
Emergency Management to support Roanoke Fire -EMS in its service as the region's
Level III Hazardous Materials Response Team.
Em
549
BE IT RESOLVED by the Council of the City of Roanoke that the City is
hereby authorized, on behalf of the City, to accept, execute, and file any and all
documents required to obtain the $15,000.00 in "pass - throuqh" fundinq from the
Commonwealth of Virqinia, Department of Emergency Manaqement, to support Roanoke
Fire -EMS in its service as the reqion's Level III Hazardous Materials Response Team, as
is more particularly set forth in the City Council Aqenda Report dated January 4, 2021.
APPROVED
ATTEST:
c "A. we_�
Cecelia F. McCoy, CMC i&r3*
, r.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4t" day of January, 2021.
No. 41968- 010421.
AN ORDINANCE appropriating funding from the United States Department of
Transportation through the Commonwealth of Virginia Department of Emergency
Management (VDEM) for hazardous materials emergency responses and training and
development, amending and reordaining certain sections of the 2019 - 2020 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 2019 - 2020 Grant Fund Appropriations be, and the same are hereby, amended
and reordained to read and provide as follows:
Appropriations
Expendable Equipment ( <$5,000)
Training and Development
Revenues
35- 520 - 3247 -2035 $ 10,000
35- 520 - 3247 -2044 5,000
Haz -Mat Response Grant FY21 35- 520 - 3247 -3247 15,000
550
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
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4tn day of January, 2021.
No. 41969- 010421.
AN ORDINANCE authorizing the City Manager to execute Amendment No. 2 to
the Contract for Purchase and Sale of Real Property dated January 22, 2020 (the
"Contract ") between the City of Roanoke, Virginia (the "City "), and Roanoke Higher
Education Authority ( "RHEA "); authorizing the City Manager to execute all documents
necessary to perform, effectuate, administer, and enforce the proposed Amendment No.
2 and Contract; and dispensing with the second reading of this Ordinance by title.
WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 41657-
012120, adopted on January 21, 2020, in which Council approved the terms of the
Contract between the City and RHEA;
WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 41856-
090820 approving Amendment No. 1 to the Contract to extend the Approval Period to
December 22, 2020, to complete the Parties due diligence review of the Property, and
extend the Closing Date to January 29, 2021; and
WHEREAS, RHEA has requested an extension of time for the Closing Date to
March 22, 2021.
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 January 4, 2021, which Amendment
No. 2 amends the Contract approved by City Council by Ordinance No. 41657- 012120,
adopted on January 21, 2020.
551
2. The City Manager is hereby authorized on behalf of the City to execute
Amendment No. 2 to the Contract, to amend certain terms of the Contract to extend the
Closing Date to March 22, 2021, as set forth in the aforementioned City Council Agenda
Report. Amendment No. 2 to the Agreement is to be substantially similar to the
Amendment No. 2 attached to the Agenda Report.
3. The City Manager is further authorized on behalf of the City to negotiate and
execute such further documents and take such further actions related to this matter and
as may be necessary to implement, administer, and enforce the conditions and
obligations pursuant to the Contract and Amendment No. 2.
4. The form of the documents referred to above and in the Agenda Report are to
be approved by the City Attorney.
5. Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this Ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Cecelia F. McCoy, CMC Sherman P. Lea, Sr.
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4ch day of January, 2021.
•
AN ORDINANCE repealing Ordinance No. 41946- 122120, adopted December 21,
2020; adopting a new Ordinance restating the content with the change of the date which
employees were in the employ of the City of Roanoke; deletion of the Deputy City
Manager and the Assistant City Manager as persons who were "not' to receive payment;
and dispensing with the second reading of this ordinance by title.
WHEREAS, it was the intent of the City Manager that the Deputy City Manager
and the Assistant City Manager be included in the employees who were to receive a one-
time payment in appreciation in the amount of $1,000, in Ordinance No. 41946- 122120,
they were listed as "not' receiving any payment, and
552
WHEREAS, in Ordinance No. 41946- 122120, the date of employment with the City
was listed as October 1, 2020, and the correct date should have been December 14,
2020.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Ordinance No. 41946- 122120, adopted December 21, 2020, for the reasons
stated herein, is hereby REPEALED.
2. All full -time employees who worked for the City as of December 14, 2020,
including all department directors, the City's Constitutional officers and their employees,
Court Clerks and personnel, as well as Council- appointed officers, shall receive a
payment in appreciation of their service during the COVID -19 pandemic in the amount of
$1,000 each on the City's January 6, 2021 pay date, such payment to be subject to all
applicable tax withholdings.
3. All part-time employees who worked for the City as of December 14, 2020,
including all employees of the City's Constitutional officers, shall receive a payment in
appreciation of their service during the COVID -19 pandemic in the amount of $500 each
on the City's January 6, 2021 pay date, such payment to be subject to all applicable tax
withholdings.
4. Employees who work under a prorated work agreement will receive a prorated
payment.
5. City Council, the City Manager, members of any Boards or Commissions, poll
workers, Berglund Center event staff, temporary staffing agency employees, and any
separated or furloughed employees at the time this payment is made, shall not receive
any payment authorized by this Ordinance.
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:
Cecelia F. McCoy, CMC
City Clerk
V"
Sherman P. Lea, Sr.
Mayor