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Home My WebLink AboutCouncil Actions 05-20-91REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL May 20, 1991 2:00 p.m. AGENDA FOR THE COUNCIL (Bowers) (30522) Call to Order -- Roll Call. Ail Present The invocation will be delivered by The Reverend Nicholas G. Bacalis, Pastor, Holy Trinity Greek Orthodox Church. Present The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor. Presentations by the Mayor and Members of Roanoke City Council in connection with National Public Works Week. Adopted Resolution No. 30522-52091. (7-0) m o PUBLIC HEARINGS Public hearing in connection with a proposal to expand the boundaries of the Downtown Service District in the downtown area of the City of Roanoke, and the proposed repeal of Section 32-103 of the Code of the City of Roanoke (1979), as amended, which requires City Council to review and decide whether to continue the Downtown Service District program prior to July 1, 1992. Mr. William S. Hubard, President, and Mr. William H. Fulton, President-Elect, Downtown Roanoke, Inc., Spokespersons. Adopted Ordinance No. 30523 on its first reading. (6-0) Mr. Fitzpatrick abstained from voting. Public hearing in connection with consideration of a proposed Ordinance approving the issuance by the City of its general obligation bonds, in an amount not to exceed $2,000,000.00, for the purpose of financing, in part, the costs of improvements and additions to school buildings in the City of Roanoke. Mr. Richard L. Kelley, Clerk of the Board and Executive for Business Affairs. Adopted Ordinance No. 30524 on its first reading. (7-0) (1) REMARKS OF MAYOR NOEL C. TAYLOR EMPLOYEE OF THE YEAR May 20, 1991 OUR DIRECTOR OF PUBLIC WORKS HAS INSTITUTED A PROGRAM TO RECOGNIZE THE SERVICE AND CONTRIBUTIONS OF ONE OF THE DIRECTORATES EMPLOYEES BY DESIGNATING AN EMPLOYEE OF THE YEAR. ON BEHALF OF THE MEMBERS OF THE ROANOKE CITY COUNCIL AND THE CITY ADMINISTRATION, IT IS MY PLEASURE TO RECOGNIZE AND CONGRATULATE MR. THADDEUS CHESTER ANDERSON, MOTOR EQUIPMENT OPERATOR, IN THE STREET MAINTENANCE DEPARTMENT AT THE PUBLIC WORKS SERVICE CENTER AS THE 1990-91 EMPLOYEE OF THE YEAR. MR. ANDERSON HAS BEEN EMPLOYED BY THE CITY ON A PERMANENT BASIS SINCE JULY 31, 1984. HE HAS RECEIVED PROGRESSIVELY HIGHER PERFORMANCE EVALUATIONS SINCE HE BEGAN WORKING FOR THE CITY. HE HAS MISSED NO TIME FROM WORK DURING FISCAL YEAR 1989-90 AND RECEIVED A LETTER OF COMMENDATION FROM THE CITY MANAGER FOR HIS ATTENDANCE; AND HE RECEIVED A CERTIFIED SIGNS AND MARKINGS SPECIALIST, LEVEL II, RATING BY THE INTERNATIONAL MUNICIPAL SIGNAL ASSOCIATION ON JULY 10, 1990. MR. ANDERSON'S DETERMINATION AND POSITIVE ATTITUDE HAS SET AN EXAMPLE FOR CO-WORKERS AND HIS THOROUGH KNOWLEDGE AND WILLINGNESS TO "GET THE JOB DONE RIGHT" MAKE~ HIM A VALUABLE ASSET TO HIS DEPARTMENT AND TO THE CITY. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th Day of May, 1991. No. 30522-52091. A RESOLUTION recognizing THADDEUS CHESTER ANDERSON, as Employee Of The Year in the Public Works directorate. WHEREAS, the Director of Public Works has instituted a pro- gram to recognize the services and contributions of one of the directorate's employees by designating an Employee Of The Year; WHEREAS, Thaddeus Chester Anderson is a Motor Equipment Operator I in the Street Maintenance Department at the Public Works Service Center and has been employed by the City on a per- manent basis since July 31, 1984; WHEREAS, Mr. Anderson has received progressively higher per- formance evaluations since he began working for the City; WHEREAS, Mr. Anderson missed no time from work during fiscal year 1989-90, and received a letter of commendation from the City Manager for his attendance; WHEREAS, Mr. Anderson received a certified Signs & Markings Specialist, Level II, rating by the International Municipal Signal Association on July 10, 1990; WHEREAS, Mr. Anderson's determination and positive attitude set an example for co-workers, and his thorough knowledge and willingness to "get the job done right" make him a valuable asset to his department and the City; WHEREAS, Mr. Anderson has been selected as the Public Works directorate's Employee Of The Year for 1990-91. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council adopts this means of recognizing and commending the excellent services rendered to the City by THADDEUS CHESTER ANDERSON, Motor Equipment Operator I. ATTEST: City Clerk. Office of the Mayor CITY OF ROANOKE public works ser'~iees provided in ouP comnmity are on integral part of the e~ePyda~ li~es of our citizens; and the support of an wade,standin~ and info~r~d citizenry is vital to the efficient operation of public works high~rys, public buiidings~ solid waste collection, and the health, safety, and comfo~'t of this comtmity greatly depend on these facilities and sec'vices; and the quality and effectiveness of these facilities, as · .~ll as their' plwming, design~ and construction, are vitally dependent upon the error*ts and skil.l of public works officials; and the efficiency of the qualified imd dedicated persoo~nel wino staff public works departownts is rrate~ially influenced by the attitude and tmderstanding of the i,loortoncs of the work they perforrn by the people they iXO?/, TIX~REI~t~E, I~ Noel C. Taylor. M~yor' of the City of Roanoke, Vir~inla, do he~'eby p,oclaim ~ 19-25, 1991, as ~,TIO~L Pt~IC ~ ~ in the City of Roanoke, and call upon all citizens ond ci'~ie orllanizatians to acquaint themssl';es with the problems in.~olved in p~.ovidin~ our public works o~td to recognize the cont~'ibutians that public works officials make everydlry to ou~' health, safety, and comfo~*t. Gl.~en under' our h~mds and the Seal of the City of Roanoke this eighteenth day of ~ in the yea, of our Lord, nineteen bunds'sd and ninety'ans. City Clerk , , L., JV~tyo~' PUBLIC WORKS EMPLOYEES OF THE QUARTER First Quarter - May/July Debra R. Napier Drafting Technician I Rickey Lee Vaden HVAC Mechanic John W. Porterfield, Sr. Custodian I William H. Cochrane Motor Equipment Opr. II Alvin L. Harper, Jr. Laborer/Operator James V. Hoback Motor Equip. Mechanic II Robyn T. Yates Con~nunications Dispatcher I Engineering Building Maintenance Custodial Services Refuse Collection Street Maintenance Fleet Maintenance Communications Second Quarter - August/October Alfred L. Blaney Sanitation Worker Teresa J. Russell Calvin R. Deel Thaddeus C. Anderson William C. Holland Donald R. Nolen Custodian I Motor Equip. Mechanic II Motor Equipment Opr. II Maintenance Mechanic II Zoning Inspector Refuse Collection Custodial Services Fleet Maintenance Street Maintenance Building Maintenance Building Inspections Third Quarter - November/January Alonzo W. English Kimberly R. Mitchell A. David Frye Roger K. Yates B. C. White Melvin L. Blankenship Donald R. Arthur Custodian I Dispatcher II Motor Equip. Mechanic II Equipment Service Inspector Construction Inspector Maintenance Mechanic II Laborer/Operator Custodial Services Communications Fleet Maintenance Refuse Collection Engineering Building Maintenance Street Maintenance Fourth quarter - February/April Roy V. Williamson Motor Equip. Mechanic Helper Eugene L. Allicott Oswald E. Powers Melvin Snyder John W. Porterfield Robert W. Hartman Donald L. Gray Motor Equipment Opt. I Signal Technician I Laborer/Operator Custodian I Maintenance Mechanic II Building Inspector Fleet Management Refuse Collection Signals and Alarms Street Maintenance Custodial Services Building Maintenance Building Inspections MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $ W ,Room 456 Roanoke. Virgm~a 24011 Telephone: (703)981-2541 May 22, 1991 SANDRA H. EAKIN Deputy C~ty Clerk File #15-230 Mr. Timothy L. Jamieson, Chairman Roanoke Arts Commission 4131 Snowbird Circle, S. W. Roanoke, Virginia 24018 Dear Mr. Jamieson: This is to as a member 30, 1991. advise you that Mr. Richard C. Maxwell ham qualified of the Roanoke Arts Commission for a term ending June Sincerely, ~~__ Mary F. Parker, CMC/AAE City Clerk MFP:ra COMMONWEAL TH OF CITY OF ROANOKE VIRGINIA To-wit: I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the sixth day of May, 1991, RICHARD C. ~AXWELL was elected as a member of the Roanoke Arts Commission for a term ending June 30, 1993. Given under my hand and the Seal of the City of Roanoke this eighth day of May, 1991. City Clerk MARY F. PARKER Ci:y Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W. Room 456 Roanoke, Virg~ma 24011 Telephone: (703)981-2541 Nay 22, 1991 SANDRA H. EAKIN Deputy Cl:y Clerk File ~15-207 Mr. W. Bolling Izard, Chairman Industrial Development Authority P. O. Box 2470 Roanoke, Virginia 24010 Dear Mr. Izard: This is to advise you that Ms. Margaret R. Baker has qualified as a Director of the Industrial Development Authority to fill the unexpired term of Mr. Jack C..Smith, deceased, ending October 20, 1991. Sincerely, ~'~3.~ Mary F. Parker, CMC/AAE City Clerk MFP:ra CO~MONWEAL TIi OF CITY OF ROANOKE VIRGINIA ) To-wi t: ) I, Mary F. Council of the do hereby certify that the twenty-second day elected as a Director Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, at a regular meeting of Council held on of April, 1991, MARGARET R. BAKER was of the Industrial Development Authority to fill the unexpired term of Mr. Jack C. Smith, deceased, ending October 20, 1991. Given under my hand and the Seal of the City of Roanoke this twenty-fourth day of April, 1991. City Clerk 8'ta:~ o~ Virffi~i~, Cii~t o~ Ro~mOke, to .wi~: do solemnly swear (or aBirm) that ! will . and pedorm ail the duties incumbent upOn me aS---------'~--~ I will ~alth{ully and impartially d~scharge Acting Director of Real Estate yaluation for the City of Roanoke, e£fective May 14, 1991. according to the best o{ my ability. So help me God. Subscribed and sworn to before me, of DepUty Clerk Crestar Festival Soccer Tourname L May 8, 1991 Mary Parker Clerk of Counsel City of Roanoke Roanoke, VA 24014 Dear Ms. Parker, I am writing you on behalf of the Roanoke Valley Youth Soccer Club and this year's "Crestar Festival Soccer Tournament. We would like the opportunity to address City Coucil at the meeting scheduled for May 20. We will briefly update City Council with the status of this year's event and the expected economic impact for this year's event. Lastly, we would like to express our gratitude for the City,s support with facilities and field sites. If you have any questions about this request or require clarification on any of the points above please contact me at my office (366-2457). Thank you for your consideration. Sincerely, David Spisak Publicity Director Crestar Festival Soccer Tournament Roanoke Valley Youth Soccer Club Crestar Festival Soccer Tournament, P.O. Box 21848, Roanoke, VA 24018 CR_ _ _4R MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W, Room 456 Roanoke, Virgm~a 24011 Telephone: (703)981-2541 May 22, 1991 SANDRA H. EAKIN Deputy C~ty Clerk File #60-467 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30525-52091 amending and reordaining certain sections of the 1990-91 General, Capital and Grant Funds Appropriations, in connection with the Summer Youth Training, Alternative Education Program, the Flow Through Program, the Adopt A Book Program and the Let's Talk Program; also appropriating $925,000.00 from 1990 Bond Funds for asbestos removal projects primarily at Addison Middle School, and for engineering studies for renovation of the four oldest middle schools; and further appropriating $360,111.00 representing the fourth and final request for proceeds from the 1990-91 Capital Maintenance and Equipment Replacement Program. Ordinance No. 30525-52091 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1991. Sincerely , ~-*-f.~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Eric , pc: Mr. W. Robert Herbert, City Manager Mr. James M. Turner, Jr., Chairman, Roanoke City School Board, P. O. Box 1689, Salem, Virginia 24153 Dr. Frank P. Tota, Superintendent of Schools, P. O. Box 13145, Roanoke, Virginia 24031 Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board, P. O. Box 13105, Roanoke, Virginia 24031 Grant Fund Appropriations Education $ 17,850,648 Summer Youth Training, Alternative Education 1991 (9-18) ...................................... 43,545 Flow Through 1991-92 (19-33) ...................... 755,000 Adopt A Book 1991-92 (34) ......................... 5,000 Let's Talk 1991-92 (35) ........................... 2,000 Revenue Education $ 17,850,648 Sum~er Youth Training, Alternative Education 1991 (36) ........................................ 43,545 Flow Through 1991-92 (37-38) ...................... 755,000 Adopt A Book 1991-92 (39) ......................... 5,000 Let's Talk 1991-92 (40) ........................... 2,000 1) Computer Network System 2) Athletic Equipment 3) Replacement of School Buses 4) Air Brake Dryer System - Buses 5) Replacement of Stage Curtains 6) CMERP-Schools 7) Approp. from Bonds 8) Schools 9) Counselors 10) Clerical 11) Participant Allowances 12) Social Security 13) Contracted Trans- portation 14) Postage 15) Travel 16) Field Trips 17) Instructional Materials 18) Misc. Costs 19) Coordinator 20) Teachers (001-060-6004-6302-0806) $ 49,978 (001-060-6004-6306-0801) 30,000 (001-060-6004-6676-0808) 251,840 (001-060-6004-6676-0824) 9,788 (001-060-6004-6681-0809) (001-3324) (008-060-6074-6896-9001) (008-052-9700-9182) (035-060-6427-6449-0123) (035-060-6427-6449-0151) 18,505 (360,111) 925,000 (925,000) 14,335 4,088 (035-060-6427-6449-0313) 2,000 (035-060-6427-6449-0521) 129 (035-060-6427-6449-0551) 3,245 (035-060-6427-6449-0583) 125 (035-060-6427-6449-0614) 600 (035-060-6427-6449-0615) 600 (035-060-6592-6453-0124) 71,627 (035-060-6592-6453-0121) 308,569 (035-060-6427-6449-0201) 1,105 (035-060-6427-6449-0183) 17,318 IN THE COUNCIL OF '£~u~ CITY OF ROANOKE, VIRGINIA The 20th Day of May, 1991. No. 30525-52091. AN ORDINANCE to amend and reordain certain sections of the 1990-91 General, Capital and Grant Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1990-91 General, Capital and Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fun~ Appropriations Education Facilities (1-5) ................................. Fund Balance Capital Maintenance and Equipment Replacement Program - school Unappropriated (6) ............... Capital Fund Appropriations Education Middle School Renovations and Asbestos Abatement (7) .................................... Capital Improvement Reserve Public Improvement Bonds - Series 1990A (8) ...... $ 66,618,712 1,495,196 $ 12,670,049 925,000 7,447,826) 2,325,667) 21) Classroom Aides 22) Social Security 23) State Retirement 24) Health Ins. 25) State Group Life Ins. 26) Bus Aides 27) Social Security 28) Health Ins. 29) Contracted Health Svcs. 30) Service Contracts 31) Travel 32) Inservice 33) Supplies 34) Books 35) Field Trips 36) Federal Grant Receipts 37) State Grant Receipts 38) Federal Grant Receipts 39) Contributions 40) Contributions (035-060-6592-6453-0141) $ 69,768 (035-060-6592-6453-0201) 34,422 (035-060-6592-6453-0202) 75,414 (035-060-6592-6453-0128) 38,060 (035-060-6592-6453-0205) 4,815 (035-060-6592-6553-0142) 34,277 (035-060-6592-6553-0201) 2,622 (035-060-6592-6553-0128) 13,321 (035-060-6592-6553-0311) 80,605 (035-060-6592-6553-0332) 4,500 (035-060-6592-6553-0554) 4,400 (035-060-6592-6553-0587) 1,200 (035-060-6592-6553-0614) 11,400 (035-060-6976-6204-0613) 5,000 (035-060-6975-6000-0583) 2,000 (035-060-6427-1102) (035-060-6592-1100) (035-060-6592-1102) (035-060-6976-1103) (035-060-6975-1103) 43,545 190,000 565,000 5,000 2,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. May 20, 1991 Honorable Mayor and Members of City Council Joel M. Schlanger School Board Request for the Appropriation of Grant Funds, CMERP Funds and Bond Funds I have reviewed the attached request to appropriate funding for the School Board. This report will appropriate funding for four grants in the Grant Fund. These are funded with 100% federal and state funds and contributions. Also included in this report is the appropriation of 1990 bond funds for asbestos removal and engineering studies for the renovation of middle schools. This report will also appropriate $360,111 from the School portion of the CMERP funds for the purchase of buses, computer network systems, stage curtains and other equipment. The School Board has previously appropriated $310,250 of it's FY90 CMERP funding of $670,361. This report will fully appropriate the remaining balance of the School's portion of FY90 CMERP funds. I recommend that you concur with this request of the School Board. JMS/pac Attachment James/VL Turn~, Jr.. Chairman Sallye T. Coleman, Vice Chairman Marllyn C. Curtis Roanoke City School Board Charles LU. Day Thomas L O~t Ann D. Ptncus Velma El. Self F~onk P. Toro, Supe~lneenden~ Richard L. Kelley, Clerk of the Board P.O Box 13105, Roanoke, Virginia 94031 · 703-981-2381 May 15, 1991 The Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official action at its meeting of May 14, 1991, the School Board respectfully requests City Council to appropriate funds to the following school accounts: Grant No. 6427- $43,545.00 for the Summer Youth Training, Alternative Education Program for the summer of 1991 to provide basic and remedial education for employment enhancement and job exploration for alternative education summer students. The program will be one hundred percent reimbursed by federal funds. Grant No. 6592- $755,000.00 for the 1991-92 Flow Through program to provide aid for the education and guidance of handicapped students. The program will be one hundred percent reimbursed by state and federal funds. Grant No. 6976- $5,000.00 for the Adopt A Book Program. Community donations will be used to purchase library books for schools division-wide. The level of expenditures will be determined by actual contributions received. Grant No. 6975- $2,000.00 for the Let's Talk Program. Community donations will provide enrichment for economically disadvantaged students through educational field trips. A contribution has been received for the full amount of the program. The Board requests the appropriation of $925,000.00 from 1990 Bond Funds for asbestos removal projects, primarily at Addison Middle School, and for engineering studies for the renovation of the four oldest middle schools. Excellence in Education Members of Council Page 2 May 15, 1991 The Board further requests the appropriation of~$360,111.~, which represents the fourth and final request for proceeds fromX,t,~e 19~,~91 Capital Maintenance and Equipment Replacement Fund. The funds~m be used for the installation of computer network systems for the senior high schools to facilitiate adminstrative and instructional recordkeeping, for the replacement of athletic equipment at the senior high schools, for the replacement of seven pre-1978 school buses to meet the state mandate and for special education needs, for the installation of air-brake dryer systems on all school buses, and for the replacement of stage curtains at Patrick Henry High School. The approval of these requests will be appreciated. rg CC: Richard L. Kelley Clerk of the Board and Executive for Business Affairs Mr. James M. Turner, Jr. Dr. Frank P. Tota Mr. William L. Murray, Jr. M~. Kenneth F. Mundy, Jr. Mr. W. Robert Herbert r. Wilhurn C. Dibling r. Joel M. Schlanger-(with accounting details ROANOKE CITY ~¢11001, ~OARD Roanoke, Virginia APPROPRIAT. ION REQUEST Capital Maintenance and Equipment Replacement Fund Request IV 001-060-6004-6302-0806 001-060-6004-6306-0801 001-060-6004-6676-0808 001-060-6004-6676-0824 001-060-6004-6681-0809 Appropriation Unit ZD1 Computer Network System Athletic Equipment Replacement of School Buses Air Brake Dryer System - Buses Replacement of Stage Curtains $ 49,978.00 30,000.00 251,840.00 9,788.00 18,505.00 $ 360,111.00 The above appropriation represents the fourth and final request for proceeds from the 1990-91 Capital Maintenance and Equipment Replacement Fund. The funds will be used for the installation of computer network systems for the senior high schools to facilitate administrative and instructional recordkeeping, for the replacement of athletic equipment at the senior high schools, for the replacement of seven pre-1978 school buses to meet the state mandate and for special education needs, tot the installation of air-brake dryer systems on all school buses, and tot the replacement of stage curtains at Patrick Henry High School. May 15, 1991 ROANOKE CITY SCHOOh BOARD Roanoke, Virginia APPROPRIATION REQUEST Middle School Renovation and Asbestos Abatement 1990 Capital Bond Issue 008-060-6074-6896-0809 008-060-6074-6896-0851 Appropriation Unit ZMS 008-060-6074-6896-9001 Asbestos Abatement Middle School Renovation Appropriated from Bond Funds $ 750,000.00 175,000.00 $ 925,000.00 $ 925,000.00 The above appropriation of 1990 Bond Funds will be used for asbestos removal projects, primarily at Addison Middle School, and for engineering studies for the renovation of the four oldest middle schools. The unappropriated balance of the 1990 Capital Bond issue is $2,136,323. May 14, 1991 RO~OKE CITY $CHOOI~ BOARD £oanoke, Virginia APPROPRIATION REQUEST Summer Youth Training, Alternative Education 1991 6427 035-060-6427-6449-0123 035-060-6427-6449-0151 035-060-6427-6449-0183 035-060-6427-6449-0201 035-060-6427-6449-0313 035-060-6427-6449-0521 035-060-6427-6449-0551 035-060-6427-6449-0583 035-060-6427-6449-0614 035-060-6427-6449-0615 Appropriation Unit Z4S Counselors Clerical Participant Allowances Social Security Contracted Transportation Postage Travel Field Trips Instructional Materials Miscellaneous Costs 14,335.00 4,088.00 17,318.00 1,i05.00 2,000.00 129.00 3,245.00 125.00 600.00 600.00 $ 43,545.00 035-060-6427-1102 Federal Grant Receipts $ 43,545.00 The Summer Youth Training, Alternative Education Program for the summer of 1991 will provide basic and remedial education for employment enhancement and job exploration for alternative education summer students. The program will be one hundred percent reimbursed by federal funds, and will end September 30, 1991. May 14, 1991 ROANOKE CITY SCIIO01, BOARD Roanoke, Virginia APPROPRIATION RF~UEST Flow Through 91-92 6592 035-060-6592-6453-0124 035-060-6592-6453-0121 035-060-6592-6453-0141 035-060-6592-6453-0201 035-060-6592-6453-0202 035-060-6592-6453-0128 035-060-6592-6453-0205 035-060-6592-6553-0142 035-060-6592-6553-0201 035-060-6592-6553-0128 035-060-6592-6553-0311 035-060-6592-6553-0332 035-060-6592-6553-0554 035-060-6592-6553-0587 035-060-6592-6553-0614 Appropriation Unit Y5L Coordinator Teachers Classroom Aides Social Security State Retirement Health Insurance State Group Liie Insurance Bus Aides Social Security Health Insurance Contracted Health Services Service Contracts Travel Inservice Supplies 71,627.00 308,569.00 69,768.00 34,422.00 75,414.00 38,060.00 4,815.00 34,277.00 2,622.00 13,321.00 80,605.00 4,500.00 4,400.00 1,200.00 11,400.00 $ 755,000.00 035-060-6592-1100 035-060-6592-1102 State Grant Receipts Federal Grant Receipts $ 190,000.00 565,000.00 $ 755,000.00 The 1991-92 Flow Through program will provide aid for the education and guidance of handicapped students. One hundred percent of expenditures will be reimbursed by state and federal funds. The program will end June 30, 1992. May 14, 1991 ROANOKE CITY SCHOOL BOARD Roanoke, Virqinia APPROPRIATION REQUEST Adopt A Book 91-92 6976 035-060-6976-6204 0613 Appropriation Unit Z34 Books $ 5,000.0~0 035-060-6976-1103 Contributions $ 5,000.00 The Adopt A Book Program will use community donations to purchase library books for schools division-wide. The program will operate July 1, 1991 through June 30, 1992, and the level of expenditures will be determined by actual contributions received. May 14, 1991 ROANOKE CITY SCNOOh BOARD Roanoke, Virqinia APPROPRIATION REQ. OEST Let's Talk 91-92 6975 035-060-6975-6000-0583 Appropriation Unit Z33 Field Trips $ 2,000.Oq 035-060-6975-1103 Contributions 2,000.09 The Let's Talk Program will use community donations to provide enrichment for economically disadvantaged students through educational ~ield trips. The program will operate July 1, 1991 through June 30, 1991, and a contribution has been received for the full amount of the program. May 14, 1991 C-1 C-2 C-3 CONSENT AGENDA (Approved 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DIS- CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Qualification of Mr. Richard C. Maxwell as a member of the Roanoke Arts Commission for a term ending June 30, 1993. RECOMMENDED ACTION: Receive and file. Qualification of Ms. Margaret R. Baker as a Director of the Industrial Development Authority to fill the unexpired term of Mr. Jack C. Smith, deceased, ending October 20, 1991. RECOMMENDED ACTION: Receive and file. Real 1991. Qualification of Ms. Nadine C. Estate Valuation for the City Minnix as Acting Director of of Roanoke, effective May 14, RECOMMENDED ACTION: Receive and file. An oral request of Council Member Harvey for an Executive Session to discuss a personnel matter, being the performance of a specific public officer, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. Concurred in request. Recessed at 3:05 p.m. Reconvened at 3:20 p.m. Adopted Certification of Executive Session. (7-0) REGULAR AGENDA 3. Hearing of Citizens Upon Public Matters: Request to present a briefing on the status of the Crestar Festival Soccer Tournament and expected economic impact. Mr. Danny Beamer, Executive Director, and Mr. Tim Berry, Tournament Director, Roanoke Valley Youth Soccer Club. Received and filed. 4. Petitions and Communications: A communication from the Roanoke City School Board recom- mending appropriation of funds to certain school accounts. Adopted Budget Ordinance No. 30525-52091. (7-0) (2) 5. Reports of Officers: a. City Manager: Briefings: 1. A report with regard to individual industrial and muni- cipal stormwater discharge permits. Received and filed. The Mayor was requested to correspond with all Congressmen representing the Commonwealth of Virginia to express the concern of Council with regard to con- tinuing mandates without funding by the Federal Government, with a copy of the communication to be for- warded to the Virginia Municipal League. Received and filed. Items Recommended for Action: 2. A report recommending reinstitution of library fines and fees, effective July 1, 1991. Adopted Resolution No. 30526-52091. (7-0) A report recommending appropriation of funds received from the United States Department of Agriculture, through the Virginia Department of Corrections, to enhance the food service programs of the Crisis Intervention Center (Sanctuary), Juvenile Probation House (Youth Haven), Juvenile Detention Home and Roanoke Family Oriented Group Homes. Adopted Budget Ordinance No. 30527-52091. (7-0) A report recommending appropriation of $70,000.00 received from the State Department of Social Services for purchased employment services in connection with the Job Opportunity and Basic Skills (JOBS) Training Program. Adopted Budget Ordinance No. 30528-52091. (7-0) A report recommending appropriation of additional funds received from the Governor's Employment and Training Department for the Fifth District Employment and Training Consortium, in connection with the Summer Youth Program and Job Opportunities and Basic Skills Program. Adopted Budget Ordinance No. 30529-52091. (7-0) (3) o A report recommending allocation of $41,000.00 in Emergency Shelter Resource Funds as recommended by the City Manager's Follow-Up Task Force on Homelessness and authorization to execute sub-grantee agreements with Roanoke Area Ministries, Roanoke Valley Trouble Center, Inc., and Total Action Against Poverty. Adopted Resolution No. 30530-52091. abstained from voting. (6-0) Mr. White A report recommending execution of Amendment No. 5 to the Short Term Community Development Block Grant Float Loan Agreement between the City, Downtown Associates and Dominion Bank, N.A., in order to provide for an extension of the term of the loan. Adopted Ordinance No. 30531-52091. (5-0) Mayor Taylor and Council Member Fitzpatrick abstained from voting. A report recommending transfer of funds in connection with issuance of Change Order No. 2 to the contract between the Roanoke Redevelopment and Housing Authority and Allegheny Construction Company for the Deanwood Redevelopment Project. Adopted Budget Ordinance No. 30532-52091. (7-0) 9. A report recommending adoption of a noise control ordinance. Adopted Ordinance No. 30533-52091. (7-0) Reports of Committees: A report of the committee appointed to study the one bid received for lease of a parcel of land located adjacent to James Madison Middle School for construction and operation of an indoor swimming pool facility, recommending accep- tance of the bid submitted by Roanoke Valley Swimming, Inc., and execution of a land lease agreement therefor. Council Member William White, Sr., Chairman. Adopted Ordinance No. 30534 on its first reading· (7-0) A report of the committee appointed to tabulate bids received for renovation of the air conditioning system at the National Guard Armory, 32 Reserve Avenue, S. W., recom- mending award of a contract to G. J. Hopkins, Inc., in the total amount of $31,970.00. Council Member William White, Sr., Chairman. Adopted Ordinance No. 30535-52091. (7-0) (4) A report of the committee appointed to tabulate bids received for construction of the Downtown North Streetscape improvements, recommending award of a contract to Acorn Construction, Ltd., in the total amount of $782,393.50; and transfer of funds therefor. Council Member William White, Sr., Chairman. Adopted Budget Ordinance No. 30536-52091 and Ordinance No. 30537-52091. (7-0) Unfinished Business: None. Introduction and Consideration of Ordinances and Resolutions: C o Ordinance No. 30506, on second reading, rezoning a tract of land located at 1026 Gilmer Avenue, N. W., containing .12 acre, more or less, described as Lot 2, Block 49, Map of Rogers, Fairfax and Houston Addition, Official Tax No. 2111302, from CN, Neighborhood Commercial District, to RM-2, Residential Multi-Family, Medium Density District, subject to certain conditions proffered by the petitioner. Adopted Ordinance No. 30506-52091. (7-0) Ordinance No. 30507, on second reading, rezoning a tract of land containing approximately 3.3 acres, located adjacent to Duke of Glouchester Street and/or Roberts Road, S. W., Official Tax No. 5500110, from RM-2, Residential Multi-Family, Medium Density District, to C-l, Office District, subject to certain conditions proffered by the petitioners. Adopted Ordinance No. 30507-52091. (7-0) Ordinance No. 30509, on second reading, granting to the Junior League of Roanoke Valley, Virginia, Incorporated, a revocable permit to mount certain flags on street lighting poles in the Central Business District of the City, upon certain terms and conditions. Adopted Ordinance No. 30509-52091. (7-0) Ordinance No. 30513, on second reading, accepting a bid for certain concession privileges to be exercised on City owned property upon certain terms and conditions; and authorizing the execution of the requisite concession agreement. Adopted Ordinance No. 30513-52091. (7-0) (5) 9. Motions and Miscellaneous Business: 10. Inquiries and/or comments by the Mayor and Members of City Council. Inasmuch as both the Mayor and the Vice-Mayor will not be in attendance at the May 28, June 3 or June 10 regular meetings of City Council, it was agreed that Council Member Bowers will preside over the May 28 meeting; Council Member White will preside over the June 3 meeting; and Council Member Bowles will preside over the June 10 meeting. A communication from the Honorable W. Alvin Hudson, Sheriff, with regard to overcrowding of the jail was referred to the City Manager for study, report and recommendation to Council within 120 days. b. Vacancies on various authorities, boards, commissions and committees appointed by Council. Other Hearings of Citizens: (6) Roanoke, Virginia May 20, 1991 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Council Briefing on Individual Industrial and Municipal Stormwater Discharge Permits I. Back,round: 1986 Clean Water Act passed by Congress mandated the control of pollutants carried by stormwater to the streams of the United States. Be November 16, 1990 Federal Register included the Environmental Protection Agency's (EPA) Stormwater Regulations. These regula- tions require the following: Individual Industrial Permits for, but not limited to, the following by May 16, 1992. a) Landfills that have received industrial waste. b) Public Works Centers c) Vehicle Maintenance Facilities d) Wastewater Treatment Plants e) Development Sites Over 5 Acres f) Airports 2e Group Permits for the Public Works Center, Landfills, Wastewater Treatment Plant can be obtained with other similar users with a revised application deadline of September 16, 1991 for Part I (background information) and May 16, ~992 for Part II (permit data). Page 2 II. 3. Municipal Permits: a) Deadlines: (Part I) Large Municipalities (250,000+ population) a) November 16, 1991 Medium Municipalities (100,000-250,000 population) a) May 16, 1992 Small Municipalities (less than 100,000 population) a) Deadline has not been announced, but is anticipated to be May 1993. b) Requirements: City of Roanoke has been identified by name in the Federal Re~ister as a medium size municipality. Part II applications are due one (1) year after the Part I deadlines. Once the Part II applications are complete, a five (5) year implementation program begins. Existing City maps are either too old or insufficient to be used for the Part I & II applications. Current Situation: A. Cost Estimate, as determined by the Engineering staff, is as follows: 1. Industrial Permit: a) Public Works Center b) Valley Metro Bus Maintenance Facility e) Wastewater Treatment Plant d) Landfills (6 Possible Sites) e) Development Sites 1 ) RCIT 2) Shaffer's Crossing $19,000.00 $10,000.00 $10,000.00 $114,000.00 $19,000.00 $19,000.00 $191,000.00 * This permit cost could be funded by the Sewer Fund. These cost estimates would be reduced should we decide to participate in group or regional permits. These options are being considered. Page 3 III. 2. Municipal Permit: a) Part I: b) Part II: c) Mapping: $300,000.00 + mapping $250,000.00 + mapping $250,000.00 ($9,911.00 for aerial photography completed April 4, 1991) ** Mapping will save approximately $52,000.00 on Industrial Permits. Aerial Photography quotes were requested from three (3) firms to provide service in Roanoke on a regular basis. Photogrammetrio Data Services (PDS), from Sterling, Virginia provided the best overall quote with a fee of $9,911.00 with flights completed on April 4, 1991. City Manager has requested a determination from the Executive Director of the Commonwealth of Virginia State Water Control Board that the City is not a "Medium Municipal separate storm sewer system" as defined by the new EPA regulations. Based on the 1990 Decennial Census, the City's population is less than 100,000. If this request is approved, the City will not be required to obtain a municipal permit by the May 16, 1992 deadline. Stormwater Utility Districts have emerged in recent years in various localities in Washington, Colorado, Florida, and North Carolina as a viable means of financing the growing stormwater capital and maintenance burden. The Stormwater Discharge Permits have been likened to the initial regulations for wastewater treat- ment during the 1930's and 40's. Consequently, many cities have initiated or have shown interest in a user fee based Stormwater Utility. The 1991 session of the General Assembly passed legisla- tion authorizing Virginia municipalities to create Stormwater Utility Districts. For each equivalent residential unit (ERU) in the City of Roanoke, a $2 per month fee would equate to $2,000,000 per year. On April 1, 1991, Governor Wilder signed the Stormwater Utility District bill into law effective July 1, 1991. In the future, the City of Roanoke may wish to consider this means of financing the improvements which may be required under the new Stormwater Regulations. Issues: A. Legal B. Cost C. Timing D. Fundin~ Page 4 IV. Conclusion: WRH/JAP/mm Attachment The City Manager has forwarded a waiver request in a form approved by the City Attorney to the Executive Director of the Virginia State Water Control Board requesting that the City of Roanoke be reclassified as a small municipality (less than 100,000 population). Staff will proceed with advertising for Individual Industrial Permit and necessary mapping consultant contracts and bring negotiated contracts for City Council approval by June 24, 1991. Legal requirements for completing permits will be met pro- vided the EPA gives the City's waiver request an expeditious review. Penalty for non-compliance is up to $25,000/day. Cost will be reasonable based on competitive negotiations and separating out the mapping as an individual contract to surveying/mapping firms. 3. Timin~ for the permit deadlines could be met. Funding sources, in the amount of $191,000.00 plus $10,000.00 contingency, will be identified in the amounts indicated: Stormwater Manasement Survey $90,000.00 Stormwater Permits $111,000.00 Respectfully submitted, W. Robert Herbert City Manager City Attorney Director of Finance Director of Public Works Director of Utilities & Operations City Engineer MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,$ W ,Room 456 Roanoke, Virginia 24011 TeleDhone: (703) 981-2541 May 22, 1991 SANDRA H. EAKIN Deputy CiTy Clerk File #323 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30526-52091 establishing certain fees and fines for overdue, damaged or lost library materials. Resolution No. 30526-52091 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1991, and shall be in full force and effect on and after July 1, 1991. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Eric. pc: Mr. Ms. James D. Ritchie, Beverly A. Bury, Director of Human Resources City Librarian IN THE COUNCIL OF THE CITY OF ROANOKE, The 20th Day of May, 1991. No. 30526-52091. VIRGINIA, A RESOLUTION establishing certain fees and fines for overdue, damaged or lost library materials; and providing for an effective date. BE follows: 1. damaged, Library IT RESOLVED by the Council of the City of Roanoke as The schedule of fees and fines due the City for overdue, or lost library materials to be charged by the City shall be as follows: Adults Children/Young Adults Hc~nebound/Deposit Collections Maximum Fines OVERDUE FINES SO.lO/day for everything except videos $1.00/day for videos SO. 05/day for children' s and young adult materials except videos $1.O0/day for videos $0.10/day for other' materials No Fines $5.00 per iten for young adult and adult materials and all videos $1.00 per it~n for children's materials and all paperbacks Replacenent Library Card FEES $1.00 Missing Bar Code Label $0.25 Processing Fee for Lost Item $5.00 (Total for lost it~n charge = retail cost or default price plus processing fee.) Dam" sed/Missing Video Case Damaged/Kissing Audiocassette Box D~maged/Kissing Audiocassette Albtrn Damaged/Kissing Ccrapact Disc Case Kissing Blue Pouch Bindery $1.00 $1.00 $2.00 (2-pocket) $3.00 (6-pocket) $4.00 (10-pocket) $1.00 $0.50 (holds single audiocassette) $6.00 (for books damaged but usable if rebound) 2. The Fee Compendium of the City of Roanoke, maintained by the Director of Finance, shall be amended to include the foregoing new fees and fines under the heading of City Library. 3. This resolution shall be in full force and effect on and after July 1, 1991. ATTEST: City Clerk. Roanoke, Virginia May 20, 1991 Honorable Mayor Noel C. Taylor and Members of City Council Roanoke, Virginia Dear Mayor Taylor and Members of Council: SUBJECT: REINSTITUTION OF LIBRARY FINES AND FEES I. BACKGROUND Library fines were charged by the City Library until 1986 when they were eliminated as part of the uniform library card program with Roanoke County and the City of Salem. Bo Dollar value of City Library materials overdue has tripled since fines were dropped. Library automation facilitates the renewal of materials so the public can call any library in the three systems and renew their materials by phone. The computer will send overdue notices on a regular basis and will add fines automatically to a borrower's record. Do ADMINISTRATORS from Roanoke City, Roanoke County and Salem agreed to recommend the reinstitution of fines during the de- velopment of the joint library automation project. Staff from alt three library systems are recommending the same fines and fees schedule to their governing bodies. Eo Library Board endorsed the proposed fines and fees at their meeting on March 7, 1991. II. ISSUES A. Loss of Library materials B. Recovered costs C. Budget for Library materials III. Alternatives Ao Adopt Library fines and fees, as listed on attached schedule, to be effective July 1, 1991. Loss of Library materials will decrease and staff time previously spent in recovering overdues will be spent instead assisting library users locate needed materials and information. 1 Recovered costs for damaged or missing items will more closely reflect actual expenses. Receipts from fees will be used to purchase needed supplies and materials as, State and Federal revenue losses as well as inflation have significant- ly reduced the Library's buying power. Budget for Library materials will be earmarked for new or updated materials rather than replacements for long over- due items. Patron requests will be filled in a more timely Do not adopt Library fines and fees 1. Loss of Library materials will continue to be a problem due in part to lack of incentive to return materials. 2. Recovered costs will continue to be below actual expenses. 3. Library materials budget will continue to be used dis- proportionately for the replacement of long overdue items. IV. RECOMMENDATION City Council concur with Alternative A which will approve Library fines and fees, as listed on attached schedule, by adopting the appropriate measures. Respectful 1 y submitted, City Manager WRH/JDR/BAB/js Attachment CC: Wilburn C. Dibling, City Attorney Joel M. Schlanger, Director of Finance James D. Ritchie, Director of Human Resources Beverly A. Bury, City Librarian 2 PROPOSED OVERDUE FINES Adults Children/Young Adults Homebound/Deposit Collections Maximum Fines SO.lO/day for everything except videos $1.O0/day for videos $O.05/day for children's and young adult materials except videos $1.00/day for videos $0.10/day for other materials No Fines $5.00 per item for young adult and adult materials and all videos $1.00 per item for children's materials and all paperbacks Replacement Library Card Missing Bar Code Label Processing Fee for Lost Item Damaged/Missing Video Case Damaged/Missing Audiocassette Box Damaged/Missing Audiocassette Album Damaged/Missing Compact Disc Case Missing Blue Pouch Bindery PROPOSED FEES $1.00 $0.25 $5.00 (Total for lost item charge = retail cost or default price plus processing fee.) $1.oo $1.oo $2,00 (2-pocket) $3.00 (6-pocket) $4.00 (lO-pocket) $1.oo $0.50 (holds single autocassette) $6.00 (for books damaged but usable if rebound) 4/91 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W, Room 456 Roanoke. Virgima 24011 Telephone: (703)981-2541 May 22, 1991 SANDRA H. EAKIN DeputyC~tyClerk File #60-72-304-305 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30527-52091 amending and reordaining certain sections of the 1990-91 General Fund Appropriations, providing for the appropriation of $10,570.00, in connection with funds received from the United States Department of Agriculture, through the Virginia Department of Corrections, to enhance the food service programs of the Crisis Intervention Center (Sanctuary), Juvenile Probation House (Youth Haven), Juvenile Detention Home and Roanoke Family Oriented Group Homes. Ordinance No. 30527-52091 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1991. Sincerely, ~ ~ary F. ~arker, CMC/AAg City Clerk MFP:ra Eno o pc: Mr. W. Robert Herbert, City Manager Mr. James D. Ritchie, Director of Human Resources Mr. Mark C. Johnson, Superintendent of Detention Mr. Jack Trent, Manager, Youth Haven Ms. Annie Krochalis, Manager, Crisis Intervention Center Mr. Barry L. Key, Manager, Office of Management and Budget IN TMK COUNCIL OF '£~ CITY OF ROANOI~, VIRGINIA The 20th Day of May, 1991. No. 30527-52091. AN ORDINANCE to amend and reordain certain sections of the 1990-91 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council Roanoke that certain sections of the 1990-91 Appropriations, be, and the same are hereby, reordained to read as follows, in part: of the City of General Fund amended and Public Safety $28,677,966 Juvenile Detention Home (1) ......................... 655,527 Juvenile Probation House (2) ........................ 344,316 Crisis Intervention Center (3-4) .................... 389,361 Revenue Grants-in-Aid Commonwealth Other Categorical Aid (5-7) .............. 1) USDA - Expenditures 2) USDA - Expenditures 3) USDA - Expenditures 4) Purchased Services 5) USDA - Juvenile Detention Home 6) USDA - Crisis Intervention 7) USDA - Youth Haven $54,206,906 ........... 13,187,076 (001-020-1234-0660) 7,040 (001-020-1234-0661) 3,059 (001-020-1234-0662) 471 (001-054-3320-3000) $7,040 (001-054-3350-3000) 471 (001-054-3360-3000) 2,238 (001-054-3360-3160) 821 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. The Honorable Mayor and City Council Roanoke, Virginia ~ . SUBJECT: FUNDS FROM THE UNITED STATES DEPARTMENT CF AGRICULTURE Roanoke, Virginia May 20, 1991 BACKGROUND A. City of Roanoke receives funds from the United States Department of Agriculture (USDA), through the Virginia Department of Corrections to enhance the food service program of the Crisis Intervention Center (Sanctuary), Juvenile Probation House (Youth Haven), Juvenile Detention Home and Roanoke Family Oriented Group Homes. II. CURRENT SITUATION A. USDA funds for the Second Quarter of Fiscal 1991 and the Third Quarter of Fiscal 1991 have been received by the City of Roanoke for the facilities, as follows: 1. Crisis Intervention $ 2,238.30 2. Juvenile Probation House 470.62 3. Juvenile Detention Home 7,039.46 4. Roanoke Family Oriented Group Home 821.37 5. Total $10,569.75 B. USDA funds usage regulations require the funds to be used for: 1. Equipment and repairs; 2. Food costs; 3. Labor costs of food service workers. USDA Requirements for record keeping are: Monies are to be kept in separate account with State and Local funds; and cannot be combined Detailed records are to be kept for all expenditures made against the funds; Each facility is to maintain inventory lists of equipment purchases and file annual reports to the Department of Corrections. The Honorable Mayor and City Council Funds from the United States Department of Agriculture Page 2 III. ISSUES Budget Needs of Food Service Program Time IV. ALTERNATIVES A. Appropriate the USDA funds to the Crisis Intervention Center, Juvenile Probation House, Juvenile Detention Home and Roanoke Family Oriented Group Home. 1. Budget - Ail funds have been received by the City. funds are required. 2. No local Needs of Food Service Program - The facility may use the funds to improve their respective food services programs and equipment and to offset local cost of food service personnel. 3. Time - Funds will be spent in the current fiscal year. B. DO not appropriate the USDA funds to the Crisis Intervention Center, Juvenile Probation House, Juvenile Detention Home and Roanoke Family Oriented Group Home. Budget - Funds already received will have to be returned to USDA. Needs of Food Service Program Facilities could not upgrade their food service program and equipment. Emergency needs of the facilities would have to come from local funds or existing budgets. 3. Time - Time would no longer be a consideration since funds would be returned. The Honorable Mayor and City Council Funds from the United States Department of Agriculture Page 3 RECOMMENDATION A. Appropriate the USDA funds to the Crisis Intervention Center, Juvenile Probation House, Juvenile Detention Home and Roanoke Family Oriented Group Home and increase corresponding revenue estimates a~ follows (Alternative A): 1. Crisis Intervention Center - Revenue 001-020-1234-0661 - USDA - Crisis Intervention $2,238.30 to Account No. 001-054-3360-3000 2. Juvenile Probation House - Revenue 001-020-1234-0662 - USDA - Youth Haven $ 470.62 to Account No. 001-054-3350-3000 3. Juvenile Detention Home - Revenue 001-020-1234-0660 - USDA - Juvenile Detention $7,039.46 to Account No. 001-054-3320-3000 4. Roanoke Family Oriented Group Home - Revenue 001-020-1234-0661 - USDA - Roanoke FOGH $ 821.37 to Account No. 001-054-3360-3160 Total Revenue and Appropriations $10,569.75 Respectfully submitted, W. Robert Herbert City Manager WRH:JDR:MCJ:w CC: Wilburn Dibling, Jr., City Attorney Joel Schlanger, Director of Finance J. D. Ritchie, Director of Human Resources Jack Trent, Youth Haven Manager Annie Krochalis, Crisis Intervention Manager Mark C. Johnson, Superintendent of Detention MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Aven~Je, $ W, Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 May 22, 1991 SANDRA H. EAKIN Deputy C~ty Clerk File #60-72 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30528-52091 amending and reordaining certain sections of the 1990-91 General Fund Appropriations, providing for the appropriation of $70,000.00 received from the State Department of Social Services for purchased employment services in connection with the Job Opportunity and Basic Skills (JOBS) Training Program. Ordinance No. 30528-52091 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Eno o pc: Mr. Mr. Ms. Mr. W. Robert Herbert, City Manager James D. Ritchie, Director of Human Resources Corinne B. Gott, Superintendent of Social Services Barry L. Key, Manager, Office of Management and Budget IN'r~t~ COUNCIL OF 'l'~u~ CITY OF ROANOKE, v~l-NI~ The 20th Day of ~ay, 1991. No. 30528-52091. AN ORDINANCE to amend and reordain certain sections of the 1990-91 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE Roanoke that certain Appropriations, be, and the reordained to read as follows, IT ORDAINED by the Council of the City of sections of the 1990-91 General Fund same are hereby, amended and in part: ADoroDriations Health and Welfare $13,834,833 Employment Services (1) ............................. 744,103 Revenu~ Grants-in-Aid Commonwealth $54,266,336 Employment Services (2) ............................. 8,471,941 1) Purchased Services (001-054-5316-3160) $70,000 2) Employment Services (001-020-1234-0681) 70,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. May 20, 1991 The Honorable Mayor and Members of City Council Roanoke, Virginia Mayor and Members of Council: SUBJECT: P~EQ~EST FOR ADDITiONAL PURCHASE SE~FiC~ I~3NDS I. BACKGROUND ao Job Opportunity and Basic Skills (JOBS) Training Program is funded by the Federal Government and is mandated for certain recipients of Aid to Dependent children and food Stamps. Primary goal of the program is to assist clients in becominc economically self-sufficient through education and job skills training. C. Local Department of Social Services purchases certain service~ from the Fifth District Employment and Training ConsortJ,,m to provide work experience and Adult Basic Education as well as on-the-job training for certain individuals to assist in obtaining and retaining employment. II. CURRENT SITUATION Ao The State Department of Social Services has, since the adoption of the F/Y 90-91 budget, allocated $70~000 in additional funds for purchase of these employment services. Local Department of Social Services is reimbursed at 100% of cost of funds allotted. III. ISSUES A. Funding. B. LeKal. IV. ALTERNATIVE Appropriate revenue of $70,000 for purchased employment service for certain individuals. Funding is 100% reimbursed by the State Department of Social Services, and is available at the State budget level. Page Two Legal - Jobs Training Program is mandated by Federal regulations. Do not appropriate revenue to provide for purchased employment services. 1. Fundin~ - Not an issue. Legal - Jobs Training Program is mandated by Federal Regulations for certain individuals. V. RECOMMENDATION City Council concur in the implementation of Alternative A and increase Revenue estimates of funds received from the State Department of Social Services in Account #001-020-1234-0681 and increase Expenditure Account #001-054-5316-3160 by $70,000. Respect full~~ submitted~ W. Robert Herbert City Manager CC Wilburn C. Dibling, City Attorney Joel M. Schlanger, Director of Finance James D. Ritchie, Director of Human Resources Corinne B. Gott, Superintendent of Social Services MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W, Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 May 22, 1991 SANDRA H. EAKIN Deputy C~:y Clerk File #60-246 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30529-52091 amending and reordaining certain sections of the 1990-91 Consortium Fund Appropriations, providing for appropriation of additional funds, in the amount of $394,819.00, received from the Governor's Employment and Training Department for the Fifth District Employment and Training Consortium, in connection with the Summer Youth Program and Job Opportunities and Basic Skills Program. Ordinance No. 30529-52091 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra mnc o pc: Mr. W. Robert Herbert, City Manager Mr. James D. Ritchie, Director of Human Resources Ms. Carolyn H. Barrett, Administrator, Fifth District Employment and Training Consortium, 310 Campbell Avenue, S. W., Roanoke, Virginia 24016 Mr. Barry L. Key, Manager, Office of Management and Budget I~ .r-~ COUNCIL OF '&'-~ CITY OF ROANO~, ¥1~gINIA The 20th Day of May, 1991. No. 30529-52091. AN ORDINANCE to amend and reordain certain sections of the 1990-91 Consortium Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1990-91 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Fifth District Employment & Training Consortium - FY91 (1-10) ........................................ $2,021,369 Revenue Fifth District Employment & Training Consortium - FY91 (11-13) ....................................... 1) Wages 2) Funding Authority 3) Roanoke City Schools 4) Dabney S. Lancaster Community College 5) Total Action Against Poverty 6) Roanoke Co. Schools 7) Miscellaneous 8) Wages 9) Supplies 10) Funding Authority 11) Title IIB Administration (034-054-9165-8050) $( 691) (034-054-9165-9990) (15,247) (034-054-9165-8231) 43,545 (034-054-9165-8232) 105,224 (034-054-9165-8233) 163,231 (034-054-9165-8239) 97,530 (034-054-9165-8020) 536 (034-054-9165-8010) 536 (034-054-9165-8055) 155 (034-054-9169-9990) ( 1,968) (034-034-1234-9178) 59,223 $2,021,369 12) Title IIB Program 13) Employment Services 10/90 - 6/91 (034-034-1234-9179) $ 335,596 (034-034-1234-9169) ( 1,968) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. May 20, 1991 Roanoke, Virginia Honorable Mayor and City Cotmcil Roanoke, Virginia Members of Council: Funding for the Fifth District Employment and Training Consor ti~n Ao .C~.nsortium administers the Sumner Youth Pro, finn for economically disadvantaged youth in the Fifth Planning District from May 15th to September 30th of each year. 375 disadvantaged youth will be served with 191 from the City o--£-Roanoke. Pro, ram activities include administration, elig.ibility determination, work experience, career exploration, and special projects involving basic education. FDETC has been authorized to operate part of the Job Opportunities ~----d--Basic Skills (JOBS) program funded by the Roanoke City Department of Social Services, during Fiscal Year 1991. Progr~n offers assessment activities, career exploration, work experience, adult basic education, General Education Development (GED) preparation, job plac~nent assistance and vocational training skills to 459 eligible Roanoke City residents for the period October 1, 1990 - June 30, 1991. II. CURRENT SITUATION Governor's Emplo)~nent & Trainin8 Department (GETD) has sent to the Consortitm~, Notice of Award (NOA), #91-03-06 in the ~nount of $394,819.00 for the Strainer Youth Program. B. Roanoke City Department of Social Services and the ConsortJ,~,have modified their financial contract for the period October 1, 1990 - June 30, 1991 to reflect a decrease in funding of $i~968.00 III. ISSUES A. Program Operations C. Timing City Council Report May 20, 1991 Page 2 IV. ALT~AI~IVES Appropriate the Consorti~n's additional funding of $394,819.00 end increase the revenue estimate by $394,819.00 in accounts to be established by the Director of Finance and decrease existing expenditure end revenue accounts by $1,968.00. Program Operation - Existing progrmns will continue, planned programs will be /mplemented end new programs will be initiated by the Consortiun's Policy Board end Private Industry Cotmcil. Consortiun staffing level will be maintained. Funding - Increased funding is available from the grantor agencies, at no cost to the city. 3. ~ - Immediate action will allow programs to be implemented and completed in planned timefrmnes. Do not appropriate the Consortium's additional fundin~ of $394 ~ 819 . 00 end increase the revenue estimate by $394~819.00 in accounts to be established by the Director of Finance and do not decrease the existin~ expenditure end revenue by $1,968.00. Program Operation - Planned and additional programs to serve participents would be curtailed. Consorti~n staffing would be reduced. 2. Funding - Not a factor. 3. T~___~_~- Delay will cause late start-up of programs andunder- expenditure of available funds. V. RECC~MENDATION Approve Alternative A: .A~propriate the Consortium's additional funding of $394,819.00 end increase the revenue estimate by $394~819.00 in accounts to be established by the Director of Finance end decrease existing expenditn~re and revenue accounts by $1,968.00. Respectfully submitted, W. Robert Herbert City Manager JDR:nd cc: Director of Finance City Attorney MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S w. Room 456 Roanoke, Virg~ma 24011 Telephone: (703) 981-2541 May 22, 1991 SANDRA H. EAKIN Deputy C~ty Clerk Pile #72 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30530-52091 concurring in the recommendation of the City Manager's Follow-Up Task Force on Homeless with regard to allocation of Emergency Shelter Resource Funds, and authorizing execution of subgrant agreements with Roanoke Area Ministries, in the amount of $12,000.00, Total Action Against Poverty, in the amount of $18,000.00, and TRUST, in the amount of $11,000.00, to administer said funds. Resolution No. 30530-52091 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, Ma~ 20, 1991. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP:ra ERC o pc: Ms. Wendy W. Moore, Executive Director, Roanoke Area Ministries, 824 Campbell Avenue, S. W., Roanoke, Virginia 24016 Mr. Theodore J. Edlich, III, Executive Director, Total Action Against Poverty in Roanoke Valley, Inc., P. O. Box 2868, Roanoke, Virginia 24001 Mr. Stuart Israel, Executive Director, TRUST, 360 Washington Avenue, S. W., Roanoke, Virginia 24016 Mr. Joel M. Schlanger, Director of Finance Mr. James D. Ritchie, Director of Human Resources Ms. Donna S. Norvelle, Human Resources Coordinator Ms. Marie T. Pontius, Grants Monitoring Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th Day of May, 1991. No. 30530-52091. A RESOLUTION concurring in the recommendation of the City Manager's Follow-up Task Force on Homeless as to the allocation of Emergency Shelter Resource Funds, and authorizing the execu- tion of the subgrant agreements with Roanoke Area Ministries, Total Action Against Poverty and TRUST to administer the funds. WHEREAS, the Council of the City of Roanoke accepted an Emergency Shelter Grant Program entitlement of $41,000.00 on March 25, 1991, by Resolution No. 30447-32591, allocated under the Stuart B. McKinney Homeless Assistance Act from the United States Department of Housing and Urban Development to provide services to the homeless; and WHEREAS, the Council of the City of Roanoke appropriated the funds to an Emergency Shelter Resource Fund enabling local non- profit organizations to apply for financial support to improve the quality of shelter facilities; and WHEREAS, the City Manager's Follow-up Task Force on the Homeless has recommended allocation of the funds as set forth in the City Manager's report dated May 20, 1991. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council concurs in the recommendation of the City Manager's Follow-up Task Force on Homeless for the allocation of Emergency Shelter Resource Funds as follows: (a) $12,000 to Roanoke Area Ministries for the RAM House project for payment of monthly maintenance, utility fees and office supplies. (b) $18,000 to Total Action Against Poverty for utility fees equipment replacement and educational items. (c) Si1,000 to TRUST for shelter operations and services. 2. The City Manager, W. Robert Herbert, or the Assistant City Manager, Earl B. Reynolds, Jr., is hereby authorized to exe- cute the proper subgrant agreements with Roanoke Area Ministries, Total Action Against Poverty and TRUST for the administration of the funds. ATTEST: City Clerk. Roanoke, Virginia May 20, 1991 Honorable Mayor, Noel C. Members of City Council Roanoke, Virginia Taylor, and City Council Dear Members of Council: SUBJECT: EMERGENCY SHELTER GRANTS PROGRAM GRANT AWARD ALLOCATION I. BACKGROUND The City Manager's Task Force on Homelessness studied the homeless and low-income housing situation in Roanoke and presented their findings and recommendations in a comprehensive report titled No Place To Call Home in April 1987. Be The City Manager appointed a Follow-up Task Force to evaluate how well the report's recommendations are implemented and to recommend new activities based on future findings. The Task Force continues to meet on a regular basis. Roanoke City Council accepted Emergency Shelter Grants Program entitlement funds totalling $93,000 in 1987, 1988, 1989, and 1990, allocated under the Stuart B. McKinney Homeless Assistance Act, from the United States Department of Housing and Urban Development to provide services to the homeless. 1. $26,000 - Resolution % 28872, November 16, 1987 a) $20,000.00 to Total Action Against Poverty b) $ 6,000.00 to Roanoke Area Ministries Se $ 4,000.00 - Resolution %29087, May 9, 1988 a) $ 2,300.00 to Roanoke Area Ministries b) $ 1,700.00 to Total Action Against Poverty $24,000.00 Resolution %29507, April a) b) c) 3, 1989 $10,000.00 to Total Action Against Poverty $ 8,500.00 to Roanoke Area Ministries $ 5,500.00 to TRUST De 4. $39,000.00 - Resolution # 30100-61890, June 18, 1990 a) $17,090.00 to Total Action Against Poverty b) $11,790.00 to Roanoke Area Ministries c) $10,120.00 to TRUST Roanoke City Council accepted the 1991 Emergency Shelter Grants Pro~ram entitlement award of $41,000.00 through the Stuart B. McKinne¥ Homeless Assistance Act on March 25, 1991, Resolution #30447-32591. The City invited applications or proposals from local agencies to assure that all interested organizations had an opportunity to submit funding requests. The deadline to submit applications was April 15, 1991. The City Manager asked the City Manager's Follow-Up Task Force on Homelessness to carefully review proposals submitted within the designated time frame and recommend the allocation of funds to benefit the citizens of Roanoke. II. CURRENT SITUATION Roanoke Area Ministries, the Roanoke Valley Trouble Center, Inc. (TRUST), and Total Action A~ainst Poverty submitted proposals for funding through the 1991 Emergency Shelter Resource Fund. B. Requests totaled $45,701.00 from these three agencies: 1. Roanoke Area Ministries: $12,000.00 2. TRUST: $12,301.00 3. Total Action Against Poverty: $21,400.00 The Task Force carefully studied each proposal using the application requirements, federal guidelines, and pre- determined criteria to recommend the allocation of these funds and found that all agencies were eligible for funding after meeting application requirements and federal guidelines. DJ The city Manager's Follow-Up Task Force on Homelessness submitted the followin~ recommendations to the City Manager based on the guidelines and criteria. Allocate $12,000.00 to Roanoke Area Ministries for the payment of maintenance, operations, insurance, utilities, and furnishings. Allocate $11,000.00 to TRUST for the payment of maintenance, operations, insurance, utilities, and furnishings. Allocate $18,000.00 to Total Action Against Poverty (Transitional Living Center Program) for payment of maintenance, operations, utilities, and furnishings. III. ISSUES A. Services to Citizens. B. Timing. C. Funding. IV. ALTERNATIVES ae Concur with the recommendations submitted by the City Manager's Follow-Up Task Force on Homelessness for the allocation of Emergency Shelter Resource Funds and authorize the City Manager to execute the attached sub- grantee agreements with Roanoke Area Ministries, Roanoke Valley Trouble Center, Inc. (TRUST), and Total Action Against Poverty. Services to Citizens. The quality of existing shelter space would be improved and day shelter facility services would be enhanced for the homeless. 2. Timing. Funds must be obligated by September 12, 1991 Funding. Federal grant funding of $41,000.00 was previously appropriated and is available in account number 035-054-5122-2210. The necessary local match will be provided by the agencies, and no City funds are required. B. Do not concur with the recommendations and do not authorize the City Manager to allocate funds at this time. 1. Services to Citizens. Existing programs and services would not be increased or enhanced. 2. Timing. No effect. e Funding. The City would have to obligate the funds for emergency shelter by September 12, 1991 or risk losing the grant allocation. V. RECOMMENDATION A. City Council concur in the implementation of Alternative A and allocate the $41,000.00 Emergency Shelter Resource Fund as recommended by the City Manager's Follow-Up Task Force on Homelessness and authorize the City Manager to execute the sub-grantee agreements (copies attached). 1. Allocate $12,000.00 to Roanoke Area Ministries. 2. Allocate $11,000.00 to the Roanoke Valley Trouble Center, Inc (TRUST). 3. Allocate $18,000 to Total Action A~ainst Poverty. Respectfully submitted, ~. Robert Herbert City Manager WRH/DSN/dsn cc: Assistant City Manager City Attorney Director of Finance Director of Human Resources Grants Monitoring Administrator Human Resources Coordinator Attachments AGREEMENT THIS AGREEMENT is made and entered into this day of , 1991 by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia, hereinafter referred to as the Grantee, and TRUST, a non-stock corporation, created and existing under the laws of the Commonwealth of Virginia, hereinafter referred to as the Subgrantee. WITNESSETH: WHEREAS, the City of Roanoke is an Emergency Shelter Grant Program {ESGP) entitlement locality with an approved Comprehensive Homeless Assistance Plan. WHEREAS, an ESGP entitlement of $41,000.00 was awarded to States Department of Housing and Urban Development under Homeless Assistance Act. the City by the United the Stewart B. McKinney WHEREAS, by Resolution #30447-32591, adopted March 25, 1991, City Council authorized the acceptance of the ESGP entitlement of $41,000.00. WHEREAS, the City established an Emergency Shelter Resource Fund with this ESGP entitlement. THEREFORE, the parties hereto mutually agree as follows: The Subgrantee shall complete the following project activities which provide for the provision of shelter maintenance and operations: Minor Repairs Utilities Insurance Cleaning Supplies Pest Control Food Janitorial & Maintenance New Beds Fuel Oil Water & Sewage TOTAL The Subgrantee shall $ 1,500.00 950.00 3,200.00 250.00 120.00 1,750.00 1,470.00 811.00 575.00 174.00 $11,000.00 complete project activities by August 31, 1992. The Subgrantee shall receive the ESGP grant award as prescribed by the United States Department of Housing and Urban Development. The Grantee reserves the right to withhold payment if the Subgrantee fails to comply with the procedures outlined in this agreement, and federal and state regulations associated with ESGP funds. The Subgrantee shall submit to the Grantee monthly progress reports regarding project activities beginning thirty (30) days after obligation of funds. In addition, the Subgrantee shall permit access during normal business hours to its premises for the purpose of conducting on-site compliance reviews and inspecting of facilities and records. The Subgrantee acknowledges that the Grantee shall not be responsible for any actions of employees or designated representatives of the project. In the event of any litigation which may arise as a result of the operation of this project, the Subgrantee agrees to assume the risk and/or liability for the cost of any such litigation, including but not limited to, payment of damages or attorney fees to the plaintiff and hold the Grantee harmless therefrom. The Subgrantee also acknowledges and agrees that it will provide its own legal representation and bear the cost of the same. The Subgrantee also acknowledges and agrees that the Grantee shall not be obligated to provide insurance coverage, either commercially or self supplied, for the Subgrantee. Nothing herein shall be deemed an express or implied waiver of the sovereign immunity of the City of Roanoke, Grantee, or immunity of its employees, agents or officers. Neither the Subgrantee, its employees, assigns or contractors shall be deemed employees of the Grantee while performing under this Agreement. The Subgrantee agrees to abide by the terms, guidelines, and regulations set forth in HUD's regulations at 24 CFR Part 575, as set forth in Attachment I and Enclosure I as if they were the Grantee referenced therein, unless such conditions are clearly inappropriate for the performance of particular obligations under this Agreement. 8. During the performance of this Agreement, the Subgrantee agrees as follows: The Subgrantee will not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Subgrantee. The Subgrantee agrees to post in conspicuous places, notices setting forth the provisions of this non-discrimination clause. The Subgrantee, in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee, will state that the Subgrantee is an equal opportunity employer. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of A and B above. Nothing in this Agreement shall be construed as authority for either party to make commitments which bind the other party beyond the scope of this Agreement. This Agreement shall remain in full force and effect until cancelled by either party giving the other party thirty {30) days written notice of cancellation. Any such cancellation shall be in writing and shall be sent by certified mail. No payment will be made for expenses incurred after receipt of notice, except those expenses incurred prior to the date of notice that are necessary to curtailment of operations under this Agreement. 11. This agreement shall be governed by the laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Grantee and Subgrantee have executed this Agreement as of the date first written above. A1-FEST: CITY OF ROANOKE, VIRGINIA City Clerk City Manager ATTEST: Roanoke Valley Trouble Center, Inc. (TRUST) Corporate Witness Executive Director EMERGENCY SHEL'£~,K GRANTS PROGRAM ASSURANCES The Applicant hereby assures and certifies that it will comply with regula- tions, policies, guidelines and requirements as the relate to the applica- tion, acceptance and use of Federal funds for this federally assisted pro- ject. As used below "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate subsidy, disaster assis- tance loan or grant, or any other form of direct or indirect Federal as- sistance. The applicant assures and certifies that: It possesses legal authority to apply for and accept the grant; that a resolution motion or similar action has been duly adopt- ed or as an official act of the governing body, authorizing the filing of the application, including all understandings and as- surances contained therein, and directing and authorizing the person identified as the official representative of the appli- cant in connection with the application and acceptance of the grant, and to provide such additional data as may be required. It will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352, 42 USC 2000-d), which prohibits discrimination on the basis of race, color, or natural origin, in programs and activities receiving Federal financial assistance. Other addi- tional requirements include: The Age Discrimination Act of 1975, enacted as an amend- ment to the Older American Act (P.L. 94-135), which pro- hibits unreasonable discrimination based on age in the delivery of services and benefits supported by Federal funds; Title IX of the Education Amendments of 1972 (20 USC 1681), et seq.) which prohibits discrimination on the ba- sis · of sex in education programs and activities receiving Federal financial assistance (whether or not the programs or activities are offered or sponsored by an educational institution). Should the recipient's actions result in the relocation of per- sons pursuant to the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P.L. 91-646, 42 USC 4601 et seq.) which provides for fair and equitable treatment of per- sons displaced as a result of Federal and federally assisted programs as required by the act. It will comply with the provisions of the Hatch Act which lim- its the political activity of State and local government employees. It will comply with the minimum wage and maximum hours provi- sions of the Federal Fair Labor Standards Act as they apply to employees. e 10. 11. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, busi- ness, or other ties. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agen- cy (EPA) list of violating facilities and that it will notify HUD of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. It will comply, to the extent applicable, with all the require- ments of Section 114 of the Clean Air Act, as amended (42 USC 1857, et seq.), as amended by Public Law 91-604) and Section 308 of the Federal Water Pollution Control Act (33 USC 1251, et seq., as amended by Public Law 92-500), respectively, relating to inspection, monitoring, entry, report, and information, as well as other requirements specified in Section 114 and Section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 13, 1976. Section 102 requires on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is avail- able as a condition for the receipt of any Federal financial as- sistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. It will assist HUD in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (16 USC 469a-1, et seq.) by: a) con- sulting with the State Historic Preservation Officer on the con- duct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, notifying the Federal grantor agen- cy of the existence of such properties, and by b) complying with all requirements established by HUD to avoid or mitigate adverse effects upon such properties. The Applicant agrees that it will comply with Section 504 of the Rehabilitation Act of 1973, as amended (29 USC 794, P.L. 93-112), and all requirements imposed by or pursuant to the regulations of the Department of Health and Human Services (45 CFR Parts 80, 81, 12. 13. 14. 15. 16. 17. 18. 19. and 84); promulgated under the foregoing statute. The applicant/ grantee agrees that, in accordance with the foregoing require- ments, no otherwise handicapped person, by reason of handicap, shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or ac- tivity receiving Federal financial assistance, and assures that it will take any measures necessary to effectuate this agreement. It will comply with P.L. 93-348 as implemented by Part 46 of Title (45 CFR 46) regarding the protection of human subjects involved in research, development, and related activities supported by Federal financial assistance. It will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended; 7 USC 231, et seq.) and regulations promulgated thereunder by the Secretary of Agriculture (9 DFR Subchapter H) pertaining to the care, handling, and treatment of warm blooded animals held or used for research, teaching or other activities supported by Federal. awards. It will comply with the provisions of Executive Order 11990, relating to the protection of wetlands. It will comply with provisions of Executive Order 11988, relat- ing to flood-plain management. It will comply with the standards for environmental quality con- trol that may be prescribed pursuant to responsibilities of the federal government under the National Environmental Act of 1969 (P.L. 91-190) and Executive Order 11514, Protection and Enhance- ment of Environmental Quality as amended by Executive Order 11991. It will give the Federal grantor or the Comptroller General, through any authorized representative, the access to and the right to examine all records, books, papers, or documents relat- ed to the grant, including records of contractors or subcontrac- tors performing under the grant. It will comply with the equal opportunity clause prescribed by Executive Order 11246, as amended, and will require that its subrecipients include the clause in all construction contracts which have or are expected to have aggregate value within a twelve month period exceeding $10,000, in accordance with the Department of Labor regulations at 41 CFR Part 60. It will include, and will require that its subrecipients include, the provision set forth in 29 CFR 5.5(c) pertaining to overtime and unpaid wages in any non-exempt, non-construction contract which involves the employment of mechanics and laborers if the contract exceeds $2,500. Purpose: The Program is designed to help improve the quality of existing emergency shelters for the homeless, to help make available additional emergency shelters, and to help meet the costs of operating emergency shel- ters and of providing certain essential social services to homeless indi- viduals, so that these persons have access not only to safe and sanitary shelter, but also to the supportive services and other kinds of assistance they need to improve their situations. 24 CFR Part 573. 3 Definitions a) Conversion means a change in the use of a building to an emergency shelter for the homeless under this part, where the cost of conversion and any rehabilitation costs exceed 75 percent of the value of the building before conversion. Emergency shelter grant amounts and grant amounts mean grant amount made available under this part. Grantee means the entity that executes a grant agreement with HUD under this part. For purposes of this part, "grantee" is a) any State, met- ropolitan city, or urban county that receives a grant allocation under 24 CFR 575.31; b) any unit of general local government that receives a grant based on a reallocation under 24 CFR 575.41(b)(1); c) any pri- vate nonprofit organization that receives a grant based on a realloca- tion under 24 CFR 575.42(b)(2); d) any entity that receives a grant based on a reallocation under 24 CFR 575.41(b)(3). Homeless means families and individuals who are poor and have no access to either traditional or permanent housing. HUD means the Department of Housing and Urban Development. Major rehabilitation means rehabilitation that involves costs in excess of 75 percent of the value of the building before rehabilitation. Metropolitan city means a city that was classified as a metropolitan city under Section 102(a)(4) of the Housing and Community Development Act of 1974 for the fiscal year immediately before the fiscal year for which emergency shelter grant amounts are made available. Nonprofit recipient means any private nonprofit organization providing assistance to the homeless, to which a unit of local government dis- tributes emergency shelter grant amounts. Obligated means that the grantee or State recipient, as appropriate, has placed orders, awarded contracts, received services or entered similar transactions that require payment from the grant amount. Grant amounts that are warded by a unit of local government to a private non- profit organization providing assistance to the homeless are obligated. Private nonprofit recipient means a secular or religious organization described in Section 501(c) of the Internal Revenue Code of 1954 which: a) is exempt from taxation under subtitle A of the Code, b) has an ac- counting system and a voluntary board, and c) practices nondiscrimina- tion in the provision of assistance. Rehabilitation means labor, materials, tools, and other costs of im- proving buildings, including repair directed toward an accumulation of deferred maintenance; replacement of principal fixtures and components of existing buildings; installation of security devices; and improve- ment through alterations or additions to, or enhancement of, existing buildings, including improvements to increase the efficient use of energy in buildings. Renovation means rehabilitation that involves costs of 75 percent or less of the value of the building before rehabilitation. State means any of the several States, the District of Columbia, or the Commonwealth of Puerto Rico. State recipient means any unit of general local government to which a State makes available emergency shelter grant amounts. Unit of general local government means any city, county, town, town- ship, parish, village or other general purpose political subdivision. Urban county means a county that was classified as an urban county un- der Section 102(a)(6) of the Housing and Community Development Act of 1974 for the fiscal year immediately before the fiscal year for which emergency shelter grant amounts are made available. Value of the building means the monetary value assigned to a building by an independent real estate appraiser, or as otherwise reasonably established by the grantee or the State recipient. 24 CFR 575.5 Waivers The Secretary of HUD may waive any requirement of this part that is not required by law, whenever it is determined that undue hardship will re- sult from applying the requirement, or where application of the requirement would adversely affect the purposes of the Emergency Shelter Grants Program. SUBPART B - Eligible Activities 24 CFR 575.21 Eligible and ineligible activities. a) Eligible activities. Emergency shelter grant amounts may be used for one or more of the following activities relating to emergency shelter for the homeless: 1) Renovation, major rehabilitation, or conversion of buildings for use as emergency shelters for the homeless. 2) 3) Provision of essential services, including (but not limited to) services concerned with employment, health, substance abuse, educa- tion, or food. Grant amounts provided to a unit of general local government may be used to provide an essential service only if-- i) The service is a new service or a quantifiable increase in the level of a service above that which the unit of local government provided during the 12 calendar months immediate- ly before it received the grant amount; and ii) Not more than 20 percent of the grant amount is used for these services. Payment of maintenance, operation (including rent, but excluding staff), insurance, utilities, and furnishings. b) Ineligible activities. 1) Emergency shelter grant amounts may not be used for activities other than those authorized under paragraph (a) of this section. For example, grant amounts may not be used for: i) Acquisition of an emergency shelter for the homeless; ii) Renting commercial, transient accommodations for the home- less (such as hotel or motel rooms); iii) Any administrative or staffing costs other than those per- mitted in paragraph (a) of this section (e.g., essential services, maintenance); or iv) Rehabilitation services, such as preparation of work speci- fications, loan processing, or inspections. 2) Grant amounts may not be used to renovate, rehabilitate, or convert buildings owned by primarily religious organizations or entities. 24 CFR 575.23 Who may carry out eligible activities. a) Grantees and State recipients. Ail grantees (except States) and State recipients may carry out activities with emergency shelter grant amounts. Ail of a State's formula allocation must be made available to units of local government in the State, which may include metropolitan cities or urban counties. b) Nonprofit recipients. Units of local government -- both grantees and State recipients -- may distribute all or part of their grant amounts to nonprofit recipients to be used for emergency shelter grant activities. SUBPART E - Program Requirements 24 CFR 575.51 Matching funds. a) General. Each grantee must supplement its emergency shelter grant a- mounts with an equal amount of funds from sources other than under this part. These funds must be provided after the date of the grant award to the grantee. A grantee must comply with this requirement by provid- ing supplemental funds itself, or through supplemental funds provided by any State recipient or nonprofit recipient (as appropriate). b) Calculating the matching amount. In calculating the amount of supple- mental funds, there may be included the value of any donated material or building; the value of any lease on a building; any salary paid to staff of the grantee or to any State or nonprofit recipient (as appro- priate) in carrying out the emergency shelter program; and the time and services contributed by volunteers to carry out the emergency shelter program, determined at the rate of $5 per hour. For purposes of this paragraph (b), the grantee will determine the value of any donated ma- terial of building, or any lease, using any method reasonably calculat- ed to establish a fair market value. 24 CFR 575.53 Use as an emergency shelter. a) General. Any building for which emergency shelter grant amounts are used that must be maintained as a shelter for the homeless for not less than a three-year period, or for not less than a 10-year period if the grant amounts are used for major rehabilitation or conversion of the building. b) Calculating the applicable period. The three- and 10-year periods referred to in paragraph (a) of this section begin to run: 1) In the case of a building that was not operated as an emergency shelter for the homeless before receipt of grant amounts under this part, on the date of initial occupancy as an emergency shelter for the homeless. 2) In the case of a building that was operated as an emergency shelter before the receipt of grant amounts under this part, on the date that grant amounts are first obligated on the shelter. 24 CFR 575.55 Building standards. Any building for which emergency shelter grant amounts are used for renovation, conversion, or major rehabilitation must meet the local govern- ment standard of being safe and sanitary. 24 CFR 575.57 Assistance to the ho~eless. Homeless individuals must be given assistance in obtaining: a) Appropriate supportive services, including permanent housing, medical and mental health treatment, counseling, supervision, and other ser- vices essential for achieving independent life; and b) Other Federal, State, local, and private assistance available for such individuals. 24 CFR 575.59 Other Federal requirements. Use of emergency shelter grant amounts must comply with the following additional requirements: a) Nondiscrimination and Equal ODDortunity. b) c) d) 1) The requirements of Title VIII of the Civil Rights Act of 1968, 42 USC 3601-19 and implementing regulations at 24 CFR 107; and Title VI of the Civil Rights Act of 1964 (42 USC 2000d-1 and implementing regulations issued at 24 CFR Part 1; The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 USC 6101-07) and the prohi- bitions against discrimination against handicapped individuals under section 504 of the Rehabilitation Act of 1973 (29 USC 794); The requirements of Executive Order 11246 and the regulations issued under the Order at 41 CFR Chapter 60; and The requirements of Section 3 of the housing and Urban Development Act of 1968, 12 USC 1701u (see 24 CFR 570.607 (b) of this Chapter); and The requirements of Executive Orders 11625, 12432 and 12138. Con- sistent with HUD's responsibilities under these Orders, the grantee must make efforts to encourage the use of minority and women's business enterprises in connection with activities funded under this part. ADDlicability of OMB Circulars. The policies, guidelines, and require- ments of OMB Circular Nos. A-87 and A-102, as they relate to the ac- ceptance and use of emergency shelter grant amounts by States and units of local government, and Nos. A-110 and A-122 as they relate to the acceptance and use of emergency shelter grant amounts by private non- profit organizations. Uniform Federal Accessibility Standards. For major rehabilitation or conversion, the Uniform Federal Accessibility Standards at 24 CFR Part 40, Appendix A. Lead-based paint. The requirements, as applicable, of the Lead-Based Paint Poisoning Prevention Act (42 USC 4821-4846) and implementing regulations at 24 CFR Part 35. e) f) g) conflict of interest. In addition to conflict of interest requirements in OMB Circular A-102 and A-il0, no person who is an employee, agent, consultant, officer, or elected or appointed official of the grantee, State recipient, or nonprofit recipient (or of any designated public agency) that receives emergency shelter grant amounts and who exercises or has exercised any functions or responsibilities with respect to as- sisted activities or who is in a position to participate in a decision- making process or gain inside information with regard to such activi- ties, may obtain a personal or financial interest or benefit from the activity, or have any interest in any contract, subcontract or agree- ment with respect thereto, or the proceeds thereunder, either for his or herself or those with whom he or she has family or business ties, during his or her tenure or for one year thereafter. HUD may grant an exception to this exclusion as provided in 570.611(d) and (e) of this chapter. Use of debarred, suspended, or ineligible contractors. The provisions of 24 CFR Part 24 relating to the emplo!nnent, engagement of services, awarding of contracts, or funding of any contractors or subcontractors during any period of debarrment, suspension, or placement in ineligi- bility status. Flood insurance. No site proposed on which renovation, major rehabili- tation, or conversion of a building is to be assisted under this part, other than by grant amounts allocated to State, may be located in an area that has been identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, unless the community in which the area is situated is participating in the National Flood Insurance Program. "Section 109": This Agreement is subject to the requirements of Section log of the Housing and Community Development Act of 1974, 42 U.S.C. 3535(d). No person in the United States shall on the ground of race, color, religion, sex or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title. Access to Records and Site ~f. Employment: This Agreement is subject to the requirements of Executive uraer 11~46, Executive Order 1375, Civil Rights Act of lg64, as amended. The Subgrantee shall permit access during normal business hours to its premises for the purpose of conducting on-site compliance reviews and inspecting and copying such books, records, accounts, and other material as may be relevant to the- matter under investigation and pertinent to compliance with the Order, and the rules and regulations promulgated pursuant thereto by the Grantee. Information obtained in this manner shall be used only in connection with the adminis- tration of the Order, the administration of the Civil Rights Act of ig64 (as amended) and in furtherance of the purpose of the Order and that Act. ENCLOSURE I E~ERGKNCY SHF. L?ER GRA~TS PROGRAM (ESGP) Contractual Provisions for Inclusion in ESGP Agreements Between Grantees or Stets Recipients end Primarily Religious Organizations for the Provision of Essential Services end Payment for Operational Costs (~sTs.2~(a)(2) and (2)), In addition to, and no~ in substitution for, other provisions of this ·greenest regarding the provision of essential services ·nd/or the p~usnt of operational costs for emergency shelters pursuant to the Emergency Shelter Greats ,Program, the Provider~ represents that it is, or may be deemed to be, a reXigious or denominational institution or organization o~ an organization operated for rel.igious purposes which is supervised or controlled by or in connection with · religious or denominational institution or orgenisation~ and agrees that, in connection with such essential services and operational costs~ it will not discriminate against any employee or applicant for emplo~snt on the basis of religion end will not limit employment or give preference in employment to persons on the basis of rsligion~ it will not discriminate against any persons seeking emergenc~y shelter end related services on the basis of religion and will not limit such services or give preference to persons on the basis of religion~ it will provide no religious instruction or counselling, conduct no religious worship or services, engage in no religious proselytizing, end exert no other religious influence in the provision of services or the use of facilities or furnishings assisted in any way under this egrsement~ and the portion of the facility used as in emergency agreement or in which services ere provided which are assisted under this agreement shell contain no sectarian or religious symbols or decorations. AGREEMENT THIS AGREEMENT is made and entered into this day of , 1991 by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia, hereinafter referred to as the Grantee, and TOTAL ACTION AGAINST POVERTY, a non-stock corporation, created and existing under the laws of the Commonwealth of Virginia, hereinafter referred to as the Subgrantee. WITNESSETH: WHEREAS, the City of Roanoke is an Emergency Shelter Grant Program (ESGP) entitlement locality with an approved Comprehensive Homeless Assistance Plan. WHEREAS, an ESGP entitlement of $41,000.00 was awarded to the City by the United States Department of Housing and Urban Development under the Stewart B. McKinney Homeless Assistance Act. WHEREAS, by Resolution #30447-32591, adopted March 25, 1991, City Council authorized the acceptance of the ESGP entitlement of $41,000.00. WHEREAS, the City established an Emergency Shelter Resource Fund with this ESGP entitlement. THEREFORE, the parties hereto mutually agree as follows: 1. The Subgrantee shall complete the following project activities which provide for the provision of shelter maintenance and operations: Utilities Hinor Repairs General ~aintenance Furnishings & Equipment Transportation Drug Screening Supplies TOTAL $ 8,000.00 6,600.00 1,000.00 1,000.00 800.00 600.00 $18,000.00 The Subgrantee shall complete project activities by August 31, 1992. The Subgrantee shall receive the ESGP grant award as prescribed by the United States Department of Housing and Urban Development. The Grantee reserves the right to withhold payment if the Subgrantee fails to comply with the procedures outlined in this agreement, and federal and state regulations associated with ESGP funds. The Subgrantee shall submit to the Grantee monthly progress reports regarding project activities beginning thirty {30) days after obligation of funds. In addition, the Subgrantee shall permit access during normal business hours to its premises for the purpose of conducting on-site compliance reviews and inspecting of facilities and records. The Subgrantee acknowledges that the Grantee shall not be responsible for any actions of employees or designated representatives of the project. In the event of any litigation which may arise as a result of the operation of this project, the Subgrantee agrees to assume the risk and/or liability for the cost of any such litigation, including but not limited to, payment of damages or attorney fees to the plaintiff and hold the Grantee harmless therefrom. The Subgrantee also acknowledges and agrees that it will provide its own legal representation and bear the cost of the same. The Subgrantee also acknowledges and agrees that the Grantee shall not be obligated to provide insurance coverage, either commercially or self supplied, for the Subgrantee. Nothing herein shall be deemed an express or implied waiver of the sovereign immunity of the City of Roanoke, Grantee, or immunity of its employees, agents or officers. Neither the Subgrantee, its employees, assigns or contractors shall be deemed employees of the Grantee while performing under this Agreement. The Subgrantee agrees to abide by the terms, guidelines, and regulations set forth in HUD's regulations at 24 CFR Part 575, as set forth in Attachment I and Enclosure I as if they were the Grantee referenced therein, unless such conditions are clearly inappropriate for the performance of particular obligations under this Agreement. 8. During the performance of this Agreement, the Subgrantee agrees as follows: The Subgrantee will not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Subgrantee. The Subgrantee agrees to post in conspicuous places, notices setting forth the provisions of this non-discrimination clause. The Subgrantee, in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee, will state that the Subgrantee is an equal opportunity employer. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of A and B above. 9. Nothing in this Agreement shall be construed as authority for either party to make commitments which bind the other party beyond the scope of this Agreement. 10. This Agreement shall remain in full force and effect until cancelled by either party giving the other party thirty (30) days written notice of cancellation. Any such cancellation shall be in writing and shall be sent by certified mail. No payment will be made for expenses incurred after receipt of notice, except those expenses incurred prior to the date of notice that are necessary to curtailment of operations under this Agreement. 11. This agreement shall be governed by the laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Grantee and Subgrantee have executed this Agreement as ~nf the date first written above. ATTEST: CITY OF ROANOKE, VIRGINIA City Clerk City Manager A1-FEST: Corporate Witness Executive Director Total Action Against Poverty AGREEMENT THIS AGREEMENT is made and entered into this day of , 1991 by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia, hereinafter referred to as the Grantee, and ROANOKE AREA MINISTRIES, a non-stock corporation, created and existing under the laws of the Commonwealth of Virginia, hereinafter referred to as the Subgrantee. WITNESSETH: WHEREAS, the City of Roanoke is an Emergency Shelter Grant Program {ESGP) entitlement locality with an approved Comprehensive Homeless Assistance Plan. WHEREAS, an ESGP entitlement of $41,000.00 was awarded to States Department of Housing and Urban Development under Homeless Assistance Act. the City by the United the Stewart B. McKinney WHEREAS, by Resolution #30447-32591, adopted March 25, 1991, City Council authorized the acceptance of the ESGP entitlement of $41,000.00. WHEREAS, the City established an Emergency Shelter Resource Fund with this ESGP entitlement. THEREFORE, the parties hereto mutually agree as follows: 1. The Subgrantee shall complete the following project activities which provide for the provision of shelter maintenance and operations: Monthly Maintenance Fee $11,040.00 Heat For Building 960.00 TOTAL $12,000.00 The Subgrantee shall complete project activities by August 31, 1992. The Subgrantee shall receive the ESGP grant award as prescribed by the United States Department of Housing and Urban Development. The Grantee reserves the right to withhold payment if the Subgrantee fails to comply with the procedures outlined in this agreement, and federal and state regulations associated with ESGP funds. The Subgrantee shall submit to the Grantee monthly progress reports regarding project activities beginning thirty (30) days after obligation of funds. In addition, the Subgrantee shall permit access during normal business hours to its premises for the purpose of conducting on-site compliance reviews and inspecting of facilities and records. o The Subgrantee acknowledges that the Grantee shall not be responsible for any actions of employees or designated representatives of the project. In the event of any litigation which may arise as a result of the operation of this project, the Subgrantee agrees to assume the risk and/or liability for the cost of any such litigation, including but not limited to, payment of damages or attorney fees to the plaintiff and hold the Grantee harmless therefrom. The Subgrantee also acknowledges and agrees that it will provide its own legal representation and bear the cost of the same. The Subgrantee also acknowledges and agrees that the Grantee shall not be obligated to provide insurance coverage, either commercially or self supplied, for the Subgrantee. Nothing herein shall be deemed an express or implied waiver of the sovereign immunity of the City of Roanoke, Grantee, or immunity of its employees, agents, or officers. Neither the Subgrantee, its employees, assigns or contractors shall be deemed employees of the Grantee while performing under this Agreement. The Subgrantee agrees to abide by the terms, guidelines, and regulations set forth in HUD's regulations at 24 CFR Part 575, as set forth in Attachment I and Enclosure I as if they were the Grantee referenced therein, unless such conditions are clearly inappropriate for the performance of particular obligations under this Agreement. 8. During the performance of this Agreement, the Subgrantee agrees as follows: The Subgrantee will not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Subgrantee. The Subgrantee agrees to post in conspicuous places, notices setting forth the provisions of this non-discrimination clause. The Subgrantee, in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee, will state that the Subgrantee is an equal opportunity employer. Co Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of A and B above. Nothing in this Agreement shall be construed as authority for either party to make commitments which bind the other party beyond the scope of this Agreement. This Agreement shall remain in full force and effect until cancelled by either party giving the other party thirty (30) days written notice of cancellation. Any such cancellation shall be in writing and shall be sent by certified mail. No payment will be made for expenses incurred after receipt of notice, except those expenses incurred prior to the date of notice that are necessary to curtailment of operations under this Agreement. 11. This agreement shall be governed by the laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Grantee and Subgrantee have executed this Agreement as of the date first written above. ATTEST: CI~ OF ROANOKE, VIRGINIA City Clerk A1-FEST: City Manager Corporate Witness Executive Director Roanoke Area Ministries MARYF. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W, Room 456 Roanoke. Virginia 24011 Telephone: (703)981-2541 May 22, 1991 SANDRA H. EAKIN Deputy C~ty Clerk File #236-42 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30531-52091 authorizing exe- cution of Amendment No. 5 to a Short Term CDBG Float Loan Agreement, as amended by Amendment Nos. 1, 2, 3, and 4, with Downtown Associates and Dominion Bank, in order to provide for a twelve month extension of the term of the loan, upon certain terms and conditions. Ordinance No. 30531-52091 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc, pc: Mr. Charles Nimo, Fralin & Waldron, Inc., 2917 Penn Boulevard, S. W., Roanoke, Virginia 24018 Mr. William F. Clark, Director of Public Works Mr. Brian J. Wishneff, Chief of Economic Development Mr. John R. Marlles, Chief of Community Planning Ms. Marie T. Pontius, Grants Monitoring Administrator Forest IN THE COUNCIL OF THE CITY OF ROANOKE, The 20th Day of May, 1991. No. 30531-52091. VIRGINIA, AN ORDINANCE authorizing the execution of Amendment No. 5 to Short Term CDBG Float Loan Agreement, as amended by Amendment Nos. 1, 2, 3, and 4, with Downtown Associates and Dominion Bank, in order to provide for the extension of the term of the loan, upon certain terms and conditions, and providing for an emergency. WHEREAS, by the terms of a Short Term CDBG Loan Agreement dated November 5, 1987, and authorized by Ordinance No. 28850, adopted November 2, 1987, a loan in the amount of $962,000.00 in Community Development Block Grant funds was made to Downtown Associates for a two-year term, to provide for refinancing of the rehabilitation and redevelopment of the City Market Building; WHEREAS, Downtown Associates requested an extension of the loan period to November 23, 1990, in order to allow more time for developing of market leasing; WHEREAS, by Ordinance Nos. 29824-111389, 30311-111990, 30357-10791, and 30437-3191, adopted November 13, 1989, November 19, 1990, January 7, 1991, and March 18, 1991, respectively, City Council authorized the execution of Amendment Nos. 1, 2, 3 and 4 to the Agreement, such amendments providing for a single one (1) year and three sixty (60) day extensions, respectively, of the short term CDBG float loan; and WHEREAS, the Note securing Amendment No. 4 becomes due and payable on May 20, 1991, and Downtown Associates has requested a twelve (12) month extension conditions to allow more time for developing of THEREFORE, BE IT ORDAINED by the Council of that: 1. The City Manager, authorized to execute and and on behalf of the City, of the loan upon certain terms and market leasing. the City of Roanoke or his designee, and the City Clerk are to seal and attest, respectively, for Amendment No. 5 to the Short Term CDBG Float Loan Agreement, dated November 5, 1987, as amended, which Agreement provided for the loan of $982,000 in Community Develop- ment Block Grant funds to Downtown Associates, with interest at the rate of three percent (3%) per annum, payable in arrears, as amended; such Amendment No. 5 to be in the form as is attached to the report of the City Manager dated May 20, 1991, and to be subject to the terms and conditions therein; such Amendment No. 5 to be approved as to form by the City Attorney. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. May 20, 1991 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: subject: Short-Term Community Development Block Grant (CDBG) Float Loan Agreement, Downtown Associates - Amendment No. 5 Background: A. City Council approved a short-term, low-interest CDBG loan, in the amount of $962,000, to Downtown Associates by Ord. No. 28850 on November 2, 1987, for the Market Building. 1. Loan was to promote the creation and retention of jobs in the City Market Building. When originally granted, the loan assured the retention of 51 jobs. Currently there are 87 jobs provided within the Market Building, 21-23 more anticipated. City has received 3% interest per year for three years totalling $99,234. Council extended the original two-year loan by one additional year by Ord. No. 29824, adopted November 13, 1989. Downtown Associates requested an additional one year extension of the loan. In order to evaluate this request, City staff asked for more detailed information on the operation of the Market Building. Council extended the loan by 60 days by Ord. No. 30311-111990 on November 19, 1990. Loan was due January 21, 1991. Council extended the loan by 60 days by Ord. No. on January 7, 1991. Loan was due March 21, 1991. Council extended the loan by 60 days by Ord. No. on March 18, 1991. Loan is due May 20, 1991. 30357-10791 30437-31891 II. Current Situation: Downtown Associates has provided City staff with the information requested of them and has received suggestions from a consultant to increase leased space in the Market Building. Downtown Associates has agreed to allocate monies saved as a result of the low interest float loan extension to physically improve the Market Building. These improvements include May 20, 1991 Page 2 carpet cleaning, new second story storm windows for added light, painting, removal of the second story menu boards, and repair of the exterior overhang of the building. C. City staff has determined that approval of a one year extention of the float loan to Downtown Associates is the best use of this money. III. Issues: A. Benefit to City. B. Risk. C. Impact on other CDBG projects. D. Funding. IV. Alternatives: A. Authorize the City Manager to execute the attached amendment to the agreement among the City of Roanoke, Downtown Associates, and Dominion Bank N.A., extending to Downtown Associates a loan of $962,000 at three percent interest per year for one year, beyond the current due date of May 20, 1991, secured by a note and an unconditional and irrevocable letter of credit issued by Dominion Bank. The closing of the loan extension will occur no later than 5:00 p.m. on May 20, 1992. Benefit to City is provided by retention of 87 jobs and physical improvements which will be made to the Market Building. Risk of the City's CDBG program is minimal. The loan is secured by a letter of credit from Dominion Bank and can be drawn down at anytime the City requires funds for CDBG programs or administration. Impact on other CDBG projects does not exist, since funds will be repaid in time to use them for other budgeted projects. Other float loan applicants have either withdrawn their requests or are not yet in a position to borrow these funds. Funding is available from the unexpended portion of the City's CDBG allocation. Do not authorize the City Manager to execute the attached amendment to the three-party, short-term float loan agreement. 1. Benefit to City is not realized. May 20, 1991 Page 2 Risk would be determined by another project if funds were loaned to them. Impact on other CDBG projects would be determined later. Funding of current projects and programs would not be affected. However approximately $28,860 in annual interest income would not be realized. V. Recommendations: It is recommended that City Council adopt Alternative A which will authorize the City Manager to execute the attached amendment to the agreement between the City of Roanoke, Downtown Associates, and Dominion Bank, N.A., extending Downtown Associates a loan of $962,000 at three percent interest per year for a one year period beyond the current due date of May 20, 1991, secured by a note and an unconditional and irrevocable letter of credit issued by Dominion Bank N.A. The closing of the loan extension would occur prior to 5:00 p.m. on May 20, 1991. Respectfully submitted, W. Robert Herbert City Manager WRH:EDC/kds attachment cc: Assistant City Manager City Attorney Director of Finance Director of Public Works Chief of Economic Development Chief of Community Planning Grants Monitoring Administrator Downtown Associates, Inc. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W, Room 456 Roanoke. Vlrgm~a 24011 Telephone: (703)981o2541 May 22, 1991 SANDRA H. EAKIN Deputy Oty C~erk File ~60-178-236 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30532-52091 amending and reordaining certain sections of the 1990-91 Grant Fund Appropriations, providing for the transfer of $30,000.00 from Shaffers Crossing to Deanwood, in connection with issuance of Change Order No. 2 to the contract between the Roanoke Redevelopment and Housing Authority and Allegheny Construction Company for the Deanwood Redevelopment Project. Ordinance No. 30532-52091 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Eric . pc: Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Mr. Wade A. Douthat, II, President, Allegheny Construction Company, 2920 Nicholas Avenue, N. E., Roanoke, Virginia 24012 Mattern & Craig Consulting Engineers, 701 First Street, S. W., Roanoke, Virginia 24016 Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Barry L. Key, Manager, Office of Management and Budget Ms. Marie T. Pontius, Grants Monitoring Administrator IN '£~ COUNCIL OF 'r~ cITY OF ROiNO~, v~I]l-IA The 20th Day of ~ay, 1991. No. 30532-52091. AN ORDINANCE to amend and reordain certain sections of the 1990-91 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1990-91 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: - 'at'o CDBG - Economic Development Economic Development (1-2) .......................... $3,993,448 1,444,331 1) Deanwood (035-088-8830-5131) 2) Shaffers Crossing (035-088-8830-5145) $ 30,000 (30,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: city Clerk. May 20, 1991 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: subject: Transfer of Funds to Cover Change Order No. 2 Deanwood Redevelopment Project Background: A. Deanwood Redevelopment Project is a CDBG-funded project near intersection of Williamson Road and Orange Avenue. Co Do Deanwood Expansion project has been implemented by Roanoke Redevelopment and Housing Authority (RRHA) with City Council approval since FY 1986. Construction contract for site grading and preparation for the Deanwood Expansion Project CD-2E was executed by Allegheny Construction Company and the Roanoke Redevelopment and Housing Authority (RRHA) on March 21, 1990 for $257,050. Change Order No. 1 in the amount of $41,250 was also executed on March 21, 1990, and was included in the contract amount. Reason for change order was delay in asbestos removal and subsequent demolition of existing structures, thus affecting the original construction schedule of the successful bidder. II. Current Situation RRHA has approved Change Order No. 2 in the amount of $40,000 as an equitable adjustment to the contract to compensate the contractor for differing site conditions (higher quantity of rock). Bo Remaining Unencumbered Balance in the Deanwood CD-2E account is $11,410.84. There are several small accounts payable outstanding, leaving a shortfall of approximately $30,000 to satisfy the final billing for this project. Co RRHA has no independent source of funds to cover change orders other than CDBG funds as provided by City. CDBG-funded Shaffer's Crossing Project CD-27 has a remaining balance of $114,721.28. A transfer of $30,000 from this project to the Deanwood CD-2E Project would eliminate the current shortfall, without seriously effecting the progress being made on the Shaffer's Crossing Project. May 20, 1991 Page 2 III. Issues: A. Funding. B. Cost. C. Economic Development. D. Legal. IV. Alternatives: A. Transfer funds from Shaffer's Crossing CDBG Account number 035-088-8830-5145 in the amount of $30,000 to the Deanwood CDBG Account number 035-088-8830-5131 to provide an equitable adjustment to the contract between Allegheny Construction Company and the RRHA for differing site conditions. 1. Funds are available in the Shaffer's Crossing Account number 035-088-8830-5145. 2. Cost is reasonable according to the project engineer. 3. Economic Development is enhanced in the City by the completion of this project, thus creating a "ready to go" industrial site. 4. Legally contractor is entitled to equitable adjustment to compensate for differing site conditions under Section 12,a,1 of the Standard HUD Construction Contract. B. Do not transfer funds from Shaffer's Crossing Project in the amount of $30,000. 1. Funds will have to be identified from another source. 2. Cost is still reasonable. 3. Economic Development will not be enhanced in the City. 4. Legally contractor is entitled to equitable adjustment for differing site conditions, thus could seek relief through litigation if funding for change order was not approved. May 20, 1991 Page 3 V. Recommendation: Approve Alternative A to transfer funds from Shaffer's Crossing Account number 035-088-8830-5145 in the amount of $30,000 to the Deanwood Account number 035-088-8830-5131 to provide an equitable adjustment to the contract between Allegheny Construction Company and the RRHA for differing site conditions. Respectfully submitted, W. Robert Herbert City Manager WPJ{/EDC cc: Assistant City Manager City Attorney Director of Finance City Engineer Management and Budget Grants Monitoring Administrator RRHA, Executive Director Allegheny Construction Mattern and Craig CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $ W, Room 456 Roanoke, Virgirt~a 24011 ~ ~:-_ ~ Telephone: (703)981-2541 MARY F. PARKER SANDRA H. EAKIN City Clerk Deputy C~ty Clerk May 22, 1991 File #24A-5-95 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30533-52091 amending the Code of the City of Roanoke (1979), as amended, by enacting a new Article VII, Noise Control, of Chapter 21, Offenses - Mis- cellaneous; such new article declaring the policy of City Council with respect to noise, providing definitions, establishing a Class 2 misdemeanor for "noise disturbances" in general and for specific activities declared to be "noise disturbances" and enu- merating exceptions; repealing §21-41, Unlawful use of sound eqqipment - On or in vehicles, Code of the City of Roanoke (1979), as amended. Ordinance No. 30533-52091 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: The Honorable G. O. Clemens, Chief Judge, Circuit Court, P. O. Box 1016, Salem, Virginia 24153 The Honorable Roy B. Willett, Judge, Circuit Court The Honorable Clifford R. Weckstein, Judge, Circuit Court The Honorable Diane M. Strickland, Judge, Circuit Court The Honorable Kenneth E. Trabue, Judge, Circuit Court 305 East Main Street, Salem, Virginia 24153 The Honorable Joseph M. Clarke, II, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court IN THE COUNCIL OF THE CITY OF ROANOKE, The 20th Day of May, 1991. No. 30533-52091. VIRGINIA, AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by enacting new Article VII, Noise Control, of Chapter 21, Offenses - Miscellaneous; such new Article declaring the policy of City Council with respect to noise, providing definitions, establish- ing a Class 2 misdemeanor for "noise disturbances" in general and for specific activities declared to be "noise disturbances" and enumerat- ing exceptions; repealing §21-41, Unlawful use of sound equipment - On or in vehicles, Code of the City of Roanoke (1979), as amended; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the addition of new Article VII, Noise Con- trol, to Chapter 21, Offenses - Miscellaneous, such new Article to read and provide as follows: ARTICLE VII. NOISE CONTROL §21-204. Declaration of policy. At certain levels, noise can be detrimental to the health, welfare, safety and quality of life of inhabi- tants of the City, and in the public interest noise should be restricted. It is, therefore, the policy of the City to reduce noise in the community and to prohi- bit unnecessary, excessive and annoying noises from all sources subject to its police power. ~21-205. Definitions. The following words, when used in this article, shall have the following respective meanings, unless the context clearly indicates a different meaning: (a) "Motor vehicle" means every vehicle defined as a motor vehicle by $46.2-100, Code of Vir- ginia (1950), as amended. (b) "Noise disturbance" means any sound which by its character, intensity and duration (1) endangers or injures the health or safety of persons within the City or (2) annoys or dis- turbs reasonable persons of normal sensitivi- ties within the City. (c) "Public property" means any real property owned or controlled by the City or any other governmental entity. (d) "Public right-of-way" means any street, avenue, boulevard, highway, sidewalk, or alley. (e) "Real property boundary" means the property line along the ground surface, and its verti- cal extension, which separates the real pro- perty owned by one person from that owned by another person. (f) "Residential" has reference to single family, two-family, and multifamily zoning district classifications (RS-l, RS-2, RS-S, RM-1, RM-2, RM-3 and RM-4, pursuant to Chapter 30.1 of this Code). (z) "Sound" means an oscillation in pressure, particle displacement, particle velocity, or other physical parameter, in a medium with internal forces that cause compres- sion and rarefaction of that medium, and which propagates at finite speed. The description of sound may include any characteristic of such sound, including duration, intensity and frequency. $21-206. Prohibited senerall¥. It shall be a Class 2 misdemeanor and a public nuisance for any person to willfully make, per- mit, continue or cause to be made, permitted or continued any noise disturbance. $21-207. Specific prohibitions. Subject to the exceptions provided in $21-208, any of the following acts, or the causing or per- mitting thereof, among others, is declared to be a noise disturbance constituting a Class 2 misdemeanor and a public nuisance, but such enumeration shall not be deemed to be exclusive: (a) Radios, television sets, musical instru- merits and similar devices: operating, playing or permitting the operation or playing of any radio, amplifier, televi- sion, record, tape or compact disc player, drum, musical instrument or similar de- vice: (b) (1) between the hours of 10:00 p.m. and 8:00 a.m. in such a manner as to permit sound to be heard across a residential real property boundary; or (2) when the sound source is located within a motor vehicle in or upon public right-of-way or public pro- perty and the sound can be heard more than fifty (50) feet from its source. Loudspeakers, public address systems and sound trucks. (1) using, operating or permitting the operation of any loudspeaker, public address system, mobile sound vehicle or similar device amplifying sound therefrom on a public right- of-way or public property for any commercial purpose; or (2) using, operating or permitting the operation of any loudspeaker, public address system, mobile sound vehicle or similar device amplifying sound therefrom for any noncommercial purpose between the hours of 10:00 p.m. and 8:00 a.m. such that the sound therefrom creates a noise disturbance across a residential real property boundary. (c) Horns, whistles, etc. Sounding or permitting the sounding of any horn, whistle or other auditory sounding device on or in any motor vehicle on any public right-of-way or public property, except as a warning of danger. (d) Explosives, fireworks and similar devices. Using or firing any explosives, fireworks or similar devices which create impulsive sound so as to create a noise disturbance across a real property boundary or on any public right- of-way or public property between the hours of 10:00 p.m. and 8:00 a.m. (e) Yelling, shouting, etc. Yelling, shouting, whistling or singing between the hours of 10:00 p.m. and 8:00 a.m. so as to create a noise disturbance across a residential real property boundary or on a public right-of- way or public property. (f) Schools. public buildinsst churches and hospi- tals. ~he creation of any noise disturbance within any school, court, public building, church or hospital or on the grounds thereof. $21-208. Exceptions. Sections 21-206 and 21-207 shall have no applica- tion to any sound generated by any of the following: (a) Sound which is necessary for the protection or preservation of property or the health, safety, life or limb of any person. (b) Any speech of any kind. (c) Non-commercial public speaking and public assembly activities conducted on any public right-of-way or public property for which a permit has been issued by the City. (d) Radios, sirens, horns and bells on police, fire or other emergency response vehicles. (e) Parades, fireworks, school-related activities and other special events or activities for which a permit has been issued by the City, within such hours as may be imposed as a condition for the issuance of the permit. (f) Activities on or in municipal and school athletic facilities and on or in publicly owned property and .facili- ties, provided that such activity has been authorized by the owner of such property or facilities or its agent. (h) (J) (k) Fire alarms and burglar alarms, prior to the giving of notice and a reason- able opportunity for the owner or tenant in possession of the premises served by any such alarm to turn off the alarm. Religious services, religious events or religious activities, including, but not limited to music, bells, chimes and organs which are a part of such service, event or activity. Locomotives and other railroad equipment and aircraft. The striking of clocks. 2. It is the intent of the City Council that this ordinance shall be construed to secure for the people of this City freedom from any noise disturbance as described herein without violating any of the rights secured by the Constitution to the people. In the event that any provision hereof should ever be determined invalid for any reason, it is the intent of the City Council that the re-. maining provisions continue in effect to the extent that they can be enforced notwithstanding such determination, and, therefore, this ordinance is declared severable. Section 21-41, Unlawful use of sound-equipment - On or in Code of the City of Roanoke (1979), as amended, is hereby vehicles, REPEALED. 4. In order to provide for the public peace, health and safety, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. ~an~[~, '~a. 241112 RECEIVED NAY 199! MAYOR'S OFFICE MAY 11, 1991 HONORABLE MAYOR NOEL TAYLOR AND MEMBERS OF ROANOKE CITY COUNCIL 215 CHURCH AVENUE ROOM 456 MUNICIPAL BUILDING ROANOKE, VIRGINIA 24011 DEAR MAYOR TAYLOR AND CITY COUNCIL MEMBERS: THE WRAF,INC. REQUESTS THE OPPORTUNITY TO SPEAK ON THE PROPOSED ROANOKE CITY NOISE ORDINANCE AT THE MAY 20, 1991 CITY COUNCIL MEETING. WOULD YOU PLEASE PLACE OUR NAME ON THE AGENDA FOR THIS MEETING. THANK YOU IN ADVANCE FOR THIS OPPORTUNITY. ~~~~SI~EREJ~Y' ~ CHARLES MINTER, PRESIDENT WRAF,INC. CM/slb Roanoke, Virginia May 20, 1991 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Noise Ordinance I. Background: Unnecessaryt excessivet and annoying noise has long been a source of citizen complaints to Police, City Manager, City Attorney, Citizens' Request for Service, and other City offices. Police receive many complaints, especially when weather is warm, involving loud parties, loud music coming from vehicles, and loud stereos. Many of these complaints can be handled with a simple warning by the officer responding. Often, however, the persons involved will continue their previous conduct as soon as the officer leaves. Citizens' Groups and neighborhood organizations have voiced frustration with the City's inability to effectively address the unwanted noise issue. City Council was advised of a proposed noise ordinance and the process being used to develop the ordinance by letter from the City Manager dated April 18, 1991. II. Current Situation: Proposed noise ordinance has been circulated to over 80 neighborhood leaders representing all segments of the City, including High School Principals. No objections to the ordinance have been communicated. Stronq support is frequently expressed. (Attached find correspondence seeking comments and samples of response.) State Statutes and existing City ordinances do not provide an effective means of dealing with the new sound technology. State and local legislation is needed to address the issues, particularly the modern vehicle sound systems. III. Issues: Legal Cost Enforcement effectiveness Honorable Mayor and Members of Page 2 May 20, 1991 City Council IV. Alternatives: City Council enact the proposed noise control ordinance as an "emergency measure." Legal authority for Council to act on this issue is derived from the City Charter, Sec. 2 (16), 2 (21 , and 2 (31). Cost is not direct, from police officer enforcement. the only indirect cost may arise off duty court time resulting from Enforcement effectiveness will be enhanced with an ordinance specifically drafted to target unnecessary, excessive and annoying noises. B. City Council not enact the proposed noise control ordinance. Leqalit¥ is not an issue. Cost, direct or indirect, is avoided. Enforcement effectiveness will not change. Recon~mendation is that Council adopt Alternative "A" and enact the proposed noise control ordinance as an emergency measure in order to permit timely enforcement since the summer months are rapidly approaching. Respectfully submitted, W. Robert Herbert City Manager WRH:MDH:mr Attachments: 1 - City Manager April 18 letter to Council 2 - Letter to neighborhood, student, business, organization leaders 3 Sample response Office of the City Manager Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: April 18, 1991 Subject: Proposed Noise Ordinance In response to community complaints of noise from vehicles and individuals, the City Attorney has drafted a noise ordinance. Complaints concerning noise have come from virtually all sections of the City. A brief explanation of the concerns about noise deal with the following: · Loud voices, vulgar language, disturbances, etc., associated with youth gathering in public places. · Car radios, noise from vehicles on City streets. · Public nuisance complaints concerning noise and disorder in and around private homes. In developing this draft ordinance, ordinances from other communities and the Environmental Protection Agency model ordinance, were used as references. The highlights of the draft ordinance are as follows: · Noise disturbances are prohibited between the hours of 10:00 p.m. and 8:00 a.m. · Vehicle based noise must not be heard more than 50 feet from the vehicle. A copy of the draft ordinance is attached for your review. In order to obtain citizen comment on the proposed ordinance, Police Chief M. David Nooper has written a number of Civic and Neighborhood Groups and Neighborhood Leaders to obtain their comments on the ordinance. As soon as the public comment has been received, the draft ordinance will be further refined and be ready to present to City Council. I am providing this information for City Council's review. If you have any additional questions or wish to make additional comments about Room 304 Mun~ooal Building 215 Churc~ Avenue 5W Roanoke v rg~n*a 240' ! ~ 703) 98't-2333 Page 2 the draft ordinance, please contact my office or the Director of Administration and Public Safety, George C. Snead. Sincerely, W. Robert Herbert City Manager WRH:GCS:afm Attachment CC: M. David Hooper, Chief of Police Wilburn C. Dibling, City Attorney George C. Snead, Director of Administration & Public Safety John R. Marlles, Chief of Community Planning Office of the Chief of Police April 10, 1991 In response to community complaints about noise from vehicles and individuals, we have drafted a noise ordinance for your review. Over the past year, leaders such as yourselves have provided information about occurrences within your neighborhoods which detract from the quality of living. A brief history of these concerns follows: * Loud voices, vulgar language, disturbances, etc., associated with youth gathering in public areas; * Car radios, noise from vehicles on city streets; * Public nuisance complaints concerning noise & disorder in and around private homes As you know, any ordinance is written in legal terms and may be difficult to understand. The highlights of the draft ordinance are as follows: * Restrictions against noise disturbances are prohibited between 10:00 PM and 8:00 AM; * Vehicle based noise must not be heard more than 50 feet We are requesting your comments on the attached ordinance. Is it clear? Does it address the concerns you have heard from your neighbors? What problems do you find with the draft ordinance? Please review the noise ordinance and send your comments by April 29 to: Chief M. David H6oper City of Roanoke Police Department 309 Third Street, SW Roanoke, Virginia 24011 Police Department 309 Third Street, S W., Roanoke, Virginia 2401 Page 2 If you prefer, please contact Bill Hackley, Neighborhood Facilitator at 345-8250 or Sgt. A. L. Brown at 981-2134 with your comments. After we receive your suggestions, we will revise the draft ordinance as needed, submit the ordinance to City Council for consideration at its May 20, 1991, meeting. If you have any additional questions, I can be reached at 981-2203. Thank you for your comments and suggestions. Sincerely, M. David HooDer Police Chief MDH:mr enc. cc: W. Robert Herbert, City Manager George C. Snead, Director of Public Safety & Administration Stephanie F. Cicero, Partnership Coordinator John R Cone, Jr. 522 Mountain Ave. Roanoke, Va. 24016 Chief M. David Hooper City of Roanoke Police Department 309 Third Street, S. W. Roanoke, Va. 24011 April 30, 1991 Dear Chief Hooper: This is to express appreciation and support for the draft noise ordinance of April 10, 1991. It has our unqualified support, and we urge City Council to pass it on May 20th. Thank you very much for your effort in this matter. Sincerely, Cone, Jr. ~/ No mw r N£1GHnORHOOD ENW~ONMn'~. Om~.mZA~'~ON 802 Loudon Avenue, N.W. Roanoke, Virginia 24016 May 1, 1991 Chief ~, David Itooper City of Roanoke Police Department 309 Third Street, S.W. Roanoke, Virginia 24011 Dear Mr. Hooper: In response to your letter dated April 10, 1991, please be advised that this organization supports your proposed noise ordinance 100%. The message is clear and will serve to provide the help that we will need to eliminate the problems that we are facing now. If you should have further questions, please do not hesitate to let me know. Sincerely, · Florine Thornhill NNEO President Old Southwest, Inc. 641 Walnut Ave., S.W. Roanoke, VA 24016 April 23, 1991 Chief M. David Hooper City of Roanoke Police Department 309 Third Street, SW Roanoke, Virginia 24011 Dear Chief Hooper, The Board of Directors of Old Eouthwest, Inc. has reviewed your noise ordinance draft at their April meeting. We unanimously support this ordinance. Yours truly, A1 Greene, Secretary cc: OSW, Inc. File · · TOGETHER · Villa Heights C#me Prever~on Group, Inc. uc~e$ ,. 2oano&, Va. 2l~7 ~/~e{ vavid /~i. //ooper 36? 7t:~d $~ 5.~, ~oatzo~a, Va. r~&;l)o~ood and ~ ROQNOke Cib' Public Schools William Fleming Senior High School 3649 Ferndiff Ave., N.W. Roanoke, Virginia 24017 April 18, 1991 Chief M. David Hooper City of Roanoke Police Department 309 Third Street, SW Roanoke, Virginia 24011 Dear Mr. Hooper: I am most impressed by the draft of the proposed noise ordinance. It is concise and addresses our concerns relative to William Fleming High School. I find no apparent problems with the proposal and want you to know that I support it unconditionally. Thank you for offering me an opportunity for input. If I can a ' be of any sslstance, please contact me. ABS:bjw Excellence in Education DAVID R. PEERY 440 HIGHLAND AVENUE, $. W. ROANOKE, VIRGINIA 24016 4/12/91 Chief H. David Hooper City of Roanoke Police Dept. 309 Third Street, SW Roanoke, Va. 24011 Dear Chief Hooper: In response to your letter dated 4/10/91, I have re- viewed the proposed noise ordinance. I do not see any prob- lems with or have any suggestions for the ordinance as it stands. I am extremely pleased to see some positive steps taken in this direction. I am very interested in what the penalties are proposed to be and would also like to know what steps will be taken to enforce such an ordinance if it is passed. I would also be interested in knowing what liability a landlord (especially an absentee landlord) would have should his tenents continually cause problems. Sincerely, David R. PeelY~~ A1 Greene, Secretary Old Southwest Inc. April 11, 1991 Chief David M. Hooper City of Roanoke Police Department 309 Firsts Street, SW Roanoke, Virginia 24011 Dear Chief Hooper: I am pleased to be asked to comment on the proposed noise ordinance. As you may know, my residence at 523 Mountain Avenue is adjacent to rental property owned by Mr. John Dearing. The tenants of this property have in the past been almost the sole cause of the complaints which this proposed ordinance seeks to address. In close competition for this dubious honor are the tenants in the three apartments at the rear of the building directly across the alley from my residence. The most common violations disturbing "reasonable persons of normal sensitivities...,, relate to the following items in the proposed ordinance: (a) 1 & 2; and (e)., Another common annoyance, apparently not addressed by the ordinance, is the deliberate racing of motors and screeching of tires, which, when occurring suddenly at 2:00am, can be truly startling. This takes place more often from persons leaving the parking area in the rear of the apartments across the alley. I have had to have my hack fence repaired three times due residents of the rear apartments driving out of that area in a reckless manner. (One was covered by my home- owners insurance, the other two were fixed by the persons doing the damage.) To summarize, I find no fault with the ordinance as written. Some thought might be given to the matter of racing of motors and screeching of tires in the event that this is not already covered. John A. Sabean 523 Mountain Avenue SW Roanoke, Virginia 24016 -April 10, 1991 Ms. Barbara N. Duerk, President Neighbors in South Roanoke Post Office Box 8681 Roanoke, Virginia 24014 Dear Ms. Duerk: In response to community complaints about noise from vehicles and individuals, we have drafted a noise ordinance for your review. Over the past year, leaders such as yourselves have provided information about occurrences within your neighborhoods which detract from the quality of living. A brief history of these concerns follows: * Loud voices, vulgar language, disturbances, etc., associated with youth gathering in public areas; * Car radios, noise from vehicles on city streets; * Public nuisance complaints concerning noise & disorder in and around private homes As you know, any ordinance is written in legal terms and may be difficult to understand. The highlights of the draft ordinance are as follows: * Restrictions against noise disturbances are prohibited between 10:00 PM and 8:00 AM; * Vehicle based noise must not be heard more than 50 feet we are requesting your comments on the attached ordinance. Is it clear? Does it address the concerns you have heard from your neighbors? What problems do you find with the draft ordinance? Please review the noise ordinance and send your comments by April 29 to: Chief M. David Hooper City of Roanoke Police Department 309 Third Street, SW Roanoke, Virginia 24011 Police Department 309 Third Street, S W, Roanoke, Virginia 240~1 Page 2 If you prefer, please contact Bill Hackley, Neighborhood Facilitator at 345-8250 or Sgt. A. L. Brown at 981-2134 with your comments. After we receive your suggestions, we will revise the draft ordinance as needed, submit the ordinance to City Council for consideration at its May 20, 1991, meeting. If you have any additional questions, I can be reached at 981-2203. Thank you for your comments and suggestions. Sincerely, M. David Hooper Police Chief MDH:mr enc. CC: W. Robert Herbert, City Manager George C. Snead, Director of Public Safety & Administration Stephanie F. Cicero, Partnership Coordinator CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W, Room 456 Roanoke, Virginia 24011 Teiepr~one: (703) 981-2541 MARY F. PARKER SANDRA H. EAKIN City Clerk Deputy City Clerk May 22, 1991 File #122 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30535-52091 accepting the bid of G. J. Hopkins, Inc., for air conditioning renovations at the National Guard Armory, in the total amount of $31,970.00. Ordinance No. 30535-52091 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1991. Sincerely , Mary F. Parker, CMC/AAg City Clerk MFP:ra Eric, pc: Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. George C. Snead, Jr., Director of Administration Public Safety Ms. Dolores C. Daniels, Citizens' Request for Service and MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $ W, Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 May 22, 1991 SANDRA H. EAKIN Deputy C~:y Clerk File #122 Mr. William H. Overstreet Executive Vice President G. J. Hopkins, Inc. P. O. Box 12467 Roanoke, Virginia 24025 Dear Mr. Overstreet: I am enclosing copy of Ordinance No. 30535-52091 accepting the bid of G. J. Hopkins, Inc., for air conditioning renovations at the National Guard Armory, in the total amount of $31,970.00. Ordinance No. 30535-52091 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1991. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Eno. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W, Room 456 Roanoke. Virginia 24011 Telephone: (703)981-2541 May 22, 1991 SANDRA H. EAKIN Deputy City Clerk File #122 Mr. Ronald F. Horn President Southern Comfort, Inc. 2401 Plantation Road, N. Suite C Roanoke, Virginia 24012 Dear Mr. Horn: I am enclosing copy of Ordinance No. 30535-52091 accepting the bid of G. J. Hopkins, Inc., for air conditioning renovations at the National Guard Armory, in the total amount of $31,970.00. Ordinance No. 30535-52091 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1991. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described project. Sincerely, ~~ Mary Fo Parker, CMC/AAE City Clerk MFP:ra MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W, Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 June 4, 1991 SANDRA H. EAKIN Deputy C~ty Clerk Mr. Ronald F. Horn President Southern Comfort, Inc. 2401 Plantation Road, N. Suite C Roanoke, Virginia 24012 Dear Mr. Horn: The contract for renovation of the air conditioning system at the National Guard Armory, 32 Reserve Avenue, S. W., having been awarded to G. J. Hopkins, Inc., I am returning your cashier's check deposited with your bid, in the amount of $1,637.60. Please sign the enclosed receipt and return same to me for my files. ~ ~ ~Sincerely' Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. CERTIFIED MAIL MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W. Room 456 Roartoke, Virg~ma 24011 Telephone: (703)981-2541 May 22, 1991 SANDRA H. EAKIN Deputy Ctty Clerk File #122 Mr. Donald A. McNabb Owner Bayshore Mechanical, Inc. 4413 Heather Lane Troutville, Virginia 24175 Dear Mr. McNabb: I am enclosing copy of Ordinance No. 30535-52091 accepting the bid of G. J. Hopkins, Inc., for air conditioning renovations at the National Guard Armory, in the total amount of $31,970.00. Ordinance No. 30535-52091 WaR adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1991. On behalf of the Mayor and Members of City Council,' I would like to expresR appreciation for submitting your bid on the above- described project. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, The 20th Day of May, 1991. No. 30535-52091. VIRGINIA AN ORDINANCE accepting the bid of G. J. Hopkins, Inc. for air-conditioning renovations at the National Guard Armory, upon certain terms and conditions, and awarding a contract therefore; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of G. J. Hopkins, Inc. made to the City in the total amount of $31,970.00 for air-conditioning renovation at the National Guard Armory, such bid being in full compliance with the City's plans and specifications made therefore and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the suc- cessful bidder, based on its proposal made therefore and the City's specifications made therefore, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appre- ciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emerEency is deemed to exist, and this ordinance shall be in force and effect upon its passaEe. ATTEST: City Clerk. Roanoke, Virginia May 20, 1991 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Air Conditioning Renovation National Guard Armory 32 Reserve Avenue, S.W. Roanoke, Virginia I concur with the recommendations of the attached Bid Committee Report. WRH/LBC/mm Respectfully submitted, W. Robert Herbert City Manager Attachment: Bid Committee Report Director of Finance City Attorney Director of Public Works Director of Administration & Public Safety City Engineer Citizens' Request for Service Construction Cost Technician Roanoke, Virginia May 20, 1991 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Co~nittee Report Air Conditioning Renovation National Guard Armory 32 Reserve Avenue, S.W. Roanoke, Virginia I. Baok~round: Bids, following proper advertisement, were publicly opened and read aloud before City Council on May 6, 1991 for Air Conditioning Renovation at the National Guard Armory and related work. Five (5) bids were received with Bayshore Mechanical, Inc. submitting the apparent low bid in the amount of $$0,585.00 and 4--5 consecutive calendar days. However, Bayshore Mechanical, Inc. did not include a Bid Bond with their bid submittal. The lowest responsive bidder was G. J. Hopkins, Inc., with a bid of $31,970.00 and 4--5 consecutive calendar days. Work consists of the replacement of four 15 ton water cooled condensing units with four 15 ton air cooled condensing units. The existing fan units are to be re-used. II. Issues in order of importance are: A. Compliance of the bidders with the requirements of the Contract Documents. B. Amount of the low bid. C. Funding for the project. D. Time of completion. Page 2 III. Alternatives are: Award a lump sum contract to G. J. Hopkins, Inc. in the amount of $31,970.00 and 45 consecutive calendar days for Air Conditioning Renovation at the National Guard Armory in accordance with the contract documents as prepared by the City Engineer's Office, Roanoke, Virginia. Compliance of the apparent low bidder (Bayshore Mechanical) with the requirements of the Contract Documents was not met since there was no Bid Bond enclosed with the Bid submittal· The other bidders met the Base Bid requirements. Southern Comfort submitted an alternate bid to deduct $2,000.00 from their Base Bid if the use of Rheem equipment would be acceptable. The Engineering Department does not believe that Rheem is an acceptable substitute to what was "specified" in the Contract Documents. Trane (the specified equipment), Carrier, or McQuay are acceptable equipment. Amount of the low responsive bid (G. J. Hopkins, Inc.) is acceptable. The difference in the bid amount and the estimated cost is reflective of the construction market at this time. 3. Funding is available in the Building Maintenance Account Number 001-052-4330-3056. 4. Time of completion of 45 consecutive calendar days is acceptable. B. Reject all bids and do not award a contract at this time. 1. Compliance of the bidders with the requirements of the Contract Documents would not be an issue. 2. Amount of the low bid would probably change if rebid at a later date. 3. Funding would not be encumbered at this time. Time of completion would be extended. The National Guard Armory would not have air conditioning until this work is done or until the water cooling towers were rebuilt. Page 3 IV. Recommendation is that City Council take the following action: A. Concur with the implementation of Alternative A. Authorize the City Manager to enter into a contractual agreement, in form approved by the City Attorney, with G. J. Hopkins, Inc. for Air Conditioning Renovation at the National Guard Armory in accordance with the Contract Documents as prepared by the City Engineer's Office in the amount of $31~970.00 and 45 consecutive calendar days. C. Reject the other bids received. Respectfully submitted, William White, Sr., Ch~i~m~n~ William F. Clark Ge~ge C~ S-head, Jr. ~* WW/LBC/mm Attachment: Tabulation of Bids Director of Finance City Attorney Citizens' Request for Service City Engineer Construction Cost Technician TABULATION OF BIDS AIR CONDITIONING RENOVATION NATIONAL GUARD ARMORY 32 RESERVE AVENUE, S.W. ROANOKE, VIRGINIA JOB NUMBER 03-91A Bids opened before City Council at its meeting on Monday, May 6, 1991. BIDDER BASE BID BID BOND TIME Bayshore Mechanical $30,585.00 NO 45 G. J. Hopkins~ Inc. $31,970.00 YES 45 Southern Comfort~ Inc. $30,752.00* YES ~0 Weddle Plumbing & Heating Co. $39,789.50 YES 60 Varney Electric Company, Inc. $44~900.00 YES 120 * Base Bid of $32,752.00 with notation to deduct $2,000.00 if Rheem equipment is used. Rheem is not an "or equal" to the specified equipment. Engineer's Estimate: $35,000.00 William White, Sr., Chairman William F. Clark Geor~ C. Snead, Jr. Office of City Engineer Roanoke, Virginia May 20, 1991 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W, Room 456 Roanoke, Virg~ma 2~1011 Telephone: (703)981-2541 May 8, 1991 SANDRA H. EAKIN Deputy CiTy Clerk File #122 Mr. William White, Sr., Chairman ) Mr. George C. Snead, Jr. ) Committee Mr. William F. Clark ) Gentlemen: The following bids for renovation of the air conditioning system at the National Guard Armory, 32 Reserve Avenue, S. W., were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, May 6, 1991: BIDDER BASE BID TOTAL Bayshore Mechanical, Inc. $30,585.00 G. J. Hopkins, Inc. 31,970.00 Southern Comfort, Inc. 32,752.00 On motion, duly seconded and unanimously adopted, the bids were referred to you for tabulation, report and recommendation to Council. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra pc: Mr. Wilburn C. Dibling, Jr., City Attorney MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W,Room 456 Roanoke. Virginia 24011 Telephone: (703)981-2541 May 22, 1991 SANDRA H. EAKIN Deputy C~ty Clerk File #298-277 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30537-52091 accepting the bid of Acorn Construction, Ltd., for construction of Downtown North Streetscape Improvements, in the total amount of $782,393.50. Ordinance No. 30537-52091 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra pc: Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. Barry L. Key, Manager, Office of Management and Budget and MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W, Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 May 22, 1991 SANDRA H. EAKIN Deputy Cl'cy Clerk File #298-277 Mr. J. W. Christenbury, Jr. President Acorn Construction, Ltd. P. O. Box 625 Troutville, Virginia 24175 Dear Mr. Christenbury: I am enclosing copy of Ordinance No. 30537-52091 accepting the bid of Acorn Construction, Ltd., for construction of Downtown North Streetscape Improvements, in the total amount of $782,393.50. Ordinance No. 30537-52091 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W,Room 456 Roanoke, Virgm~a 24011 Telephone: (703)981-2541 May 22, 1991 SANDRA H. EAKIN Deputy C~ty Clerk File #298-277 Mr. William D. Gee Vice-President H & S Construction Company P. O. Box 6226 Roanoke, Virginia 24017 Dear Mr. Gee: I am enclosing copy of Ordinance No. 30537-52091 accepting the bid of Acorn Construction, Ltd., for construction of Downtown North Streetscape Improvements, in the total amount of $782,393.50. Ordinance No. 30537-52091 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1991. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described project. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 275 Church Avenue, S w, Room 456 Roanoke. Virginia 24011 Telephone: (703) 981-2541 May 22, 1991 SANDRA H. EAKIN Deputy Oty Clerk File #298-277 Mr. John P. White, P.E. President Thor, Incorporated P. O. Box 13127 Roanoke, Virginia 24031-3127 Dear Mr. White: I am enclosing copy of Ordinance No. 30537-52091 accepting the bid of Acorn Construction, Ltd., for construction of Downtown North Streetscape Improvements, in the total amount of $782,393.50. Ordinance No. 30537-52091 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1991. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described project. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Eric. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W, Room 456 Roanoke, Virgm~a 24011 Telephone: (703)981-2541 May 22, 1991 SANDRA H. EAKIN Deputy C~Ty Clerk File #298-277 Mr. Stanley G. Breakell President Breakell, Inc. P. O. Box 6414 Roanoke, Virginia 24017 Dear Mr. Breakell: I am enclosing copy of Ordinance No. 30537-52091 accepting the bid of Acorn Construction, Ltd., for construction of Downtown North Streetscape Improvements, in the total amount of $782,393.50. Ordinance No. 30537-52091 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1991. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described project. Mary F. Parker, CMC/AAE City Clerk MFP:ra IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 20th Day of May, 1991. No. 30537-52091. AN ORDINANCE accepting the bid construction of the Downtown North rain terms and conditions, and awarding a contract therefore; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City the work; and providing for an emergency. of Acorn Construction, Ltd. for Streetscape improvements, upon cer- for BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Acorn Construction, Ltd., made to the City in the total amount of $782,393.50 for construction of the Downtown North Streetscape improvements, such bid being in full compliance with the City's plans and specifications made therefore and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefore and the City's specifica- tions made therefore, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. S. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the muni- cipal Eovernment, an emerEency is deemed to exist, and this ordinance shall be in full force and effect upon its passaEe. ATTEST: City Clerk. MARY F. PARKER City CJerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 21S Church Avenue. S W, Room 4S6 Roanoke. Virgln,a 24011 Telephone: (703) 981-2541 Nay 22, 1991 SANDRA H. EAKIN Deputy C~:y Clerk File #60-298-277 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30536-52091 amending and reordaining certain sections of the 1990-91 Capital Fund Appropriations, providing for the appropriation and transfer of $790,454.00 from certain accounts, in connection with award of a contract to Acorn Construction, Ltd., for construction of Downtown North Streetscape Improvements. Ordinance No. 30536-52091 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1991. /~ ~'Sincerely' Mary F. Parker, CMC/AAE City Clerk MFP:ra BBC o pc: Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director of Public Works Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Barry L. Key, Manager, Office of Management and Budget AN ORDINANCE the 1990-91 Capital emergency. WHEREAS, for Government of the exist. Il{ 't'~l~ ~O~I/CI~- OF ~..K CIT~ OF I%OANOH, The 20th Day of May, 1991. No. 30536-52091. to amend and reordain Fund Appropriations, and certain sections of providing for an the usual daily operation of the Municipal City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1990-91 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Other Infrastructure Dominion Tower Streetscape (1-3) .................... Downtown Improvement Project - Non Building (4) ..... Streets and Bridges Downtown Curb and Sidewalk (5-6) .................... Downtown Curb, Gutter - Phase II (7) ................ Fund Balance - Unappropriated (8) $ Accounts Receivable - Faison (Streetscape) (9) ...... $ Miscellaneous - Faison (Streetscape) (10) ........... 1) Approp. from Bonds (008-052-9672-9001) $ 367,195 2) Approp. from General Revenue (008-052-9672-9003) 423,259 3) Approp. from Third Party (008-052-9672-9004) 48,984 4) Approp. from Bonds (008-052-9649-9001) (200,000) $17,101,551 839,438 1,965,130 8,157,867 394,866 182,677 742~904 48,984 48,984 5) Approp. from Bonds (008-052-9631-9001} 6) Approp. from General Revenue (008-052-9631-9003) 7) Approp. from Bonds (008-052-9652-9001) 8) Fund Balance - Unappropriated 9) Faison - Streetscape 10) Faison - Streetscape (008-3325) (008-1269) (oo8-oo8-1234-11o9) $( 66,284) (32,500) (100,911) (390,759) 48,984 48,984 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Roanoke, Virginia May 20, 1991 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: BID COMMITTEE REPORT FOR THE DOWNTOWN NORTH STREETSCAPE Be Bid Committee Report attached is for construction of the Downtown North Streetscape project, which includes new curb, sidewalks, street lights, and landscaping in the vicinity of the Dominion Tower. Recommendation is that City Council approve the recommendations of the Bid Committee Report. Respectfully submitted, W. Robert Herbert City Manager WRH/RKB/fm Attachments City Attorney Director of Finance Director of Public Works City Engineer Chief, Economic Development Roanoke, Virginia May 20, 1991 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: BIDS FOR DOWNTOWN NORTH STREET$CAPE I. Back~round: Bids were received by City Council at its May 6, 1991 meeting. These bids were publicly opened and read aloud. Four (4) bids were received and referred to the bid committee for review and report back to Council. The low base bid, in the amount of $829~910 (includes alterations made to the bid form before bids were submitted, as well as corrections to bidder's arithmetic) was submitted by Acorn Construction, Ltd. Addition of alternate bids to the base bid results in a total bid of $1~028~127.65 for which the low bidder would become H. & S. Construction Company. Be Design includes a number of components that are required for a safe, functional, and attractive streetscape project. This includes demoli- tion of existing, deteriorated sidewalk and curb; construction of 1,375 square yards of new sidewalk; 2,000 linear feet of new curb; 1,900 square feet of brick pavers; 725 feet of new and upgraded storm drains with six (6) drop inlets; reinstallation of the Pollard family clock; 27 street trees and 282 junipers; 28 streetlights with related conduit, wiring, and service cabinet; demolition of pedestrian subway entrance on Norfolk Avenue at Jefferson Street; entranceways for the adjacent parking garage and loading dock; and steps/plaza areas on west and south sides of the Dominion Tower. A$reement between City and Faison requires the City to design and construct these streetscape improvements (comparable to other downtown streetscape improvements) adjacent to the Dominion Tower. This inclu- des the curb, gutter, streetlights, and landscaping noted in the pre- vious paragraph. The City agreed to provide the outdoor plaza areas on the west and south sides of the Dominion Tower, as well as the entrances to the loading dock and the parking garage. Faison is responsible for furnishing precast vertical walls for the plaza areas. Faison will reimburse the City for labor costs associ- ated with the installation of the vertical walls ($30.000 in the low bid). Faison will also reimburse the City for the planting bed and junipers on the north side of Norfolk Avenue ($18,984 in the low bid). Therefore, total reimbursement from Faison is $48,984. Page 2 II. Current Situation: Scope of this project should be limited to those work elements which the City must accomplish under the agreement with Faison Associates. Some minor areas of additional work are also desired to provide a pro- perly engineered project (for drainage and traffic flow). Funding at this level requires that the base bid be reduced. Negotiations with the low bidder have taken place inasmuch as their bid exceeds available funds. The project specifications include language that enables the City to do so under certain conditions and procedures. Negotiations with the low bidder have resulted in a reduced bid of $782,393.50 (which is $47~516.50 less than the base bid). Reduction of this cost by the $48~984.00 to be received from Faison reduces the City's cost to $733,409.50. Timing for the completion of this project is to coincide with the completion of the Dominion Tower later this Fall, 1991. Contractor will have 120 consecutive calendar days to complete the project. III. Issues: A. Compliance of the bidders with the requirements of contract documents. B. Amount of the low bid. C. Funding for construction. D. Time of completion. E. Legal requirements of agreement between City and developer. F. Project scope IV. Alternatives: Award a negotiated contract to Acorn Construction, Ltd.; transfer $790~454.00 from the accounts listed on Attachment II - Part A to a new account to be established in the Capital Projects fund by the Director of Finance; establish an accounts receivable and appropriate the amount of $48~984.00 (Attachment II - Part B) to provide a contract sum of $782,393.50, and establish a contingency in the amount of $57~044.50. 1. Compliance of the bidder with the requirements of the contract documents was met. 2. Amount of the reduced bid is acceptable. 3. Funding for the project is available from the sources and accounts listed in Attachment II. 4. Time of completion of the project is 120 days. Page 3 Ce 5. Legal requirements would be met. Project scope would be reduced. Alternate bids would not be recommended. Several streetsoape improvements in the base bid, on the eastern end of the project would not be installed. Award the contract including alternate bids to H. & S. Construction Company; transfer $1,030,262.00 from the ac.cunts listed on Attachment II (Parts A and C); establish an accounts receivable in the amount of $64~251.00 (Attachment II - Part B) to provide a contract sum of $1~028~127.65, and establish a contingency in the amount of $66,385.35 in a form acceptable to the Director of Finance. 1. Compliance of the bidder with the requirements of the contract documents was met. Amount of the bid plus alternates exceeds available funds. While additional funding exists in the Downtown Improvement Project Ac,cunt identified in Attachment II - Part C, those funds are intended for the future atrium and pedestrian bridge. 3- Funding for the project exists in the sources and accounts iden- tified in Attachment II. 4. Time of completion of the project is 150 days. 5. Legal requirements would be met. 6. Project scope would include base bid and alternate bids. Reject all bids and immediately proceed to rebid the Downtown North Streets.ape project. 1. Compliance with requirements of the contract documents would not be an issue. 2. Amount of the new bid price is unknown. 3- Funding would not be spent at this time. Time would become a factor in meeting the deadline for completion of this streetscape project to coincide with Dominion Tower completion in Fall, 1991. 5. Legal requirements would not be met at this time. 6. Project scope would depend upon new bids to be received. Page 4 V. Recommendation is that City Council take the following actions: Approve Alternative "A" and award the negotiated contract to Acorn Construction, Ltd., in the sum of $782,393.50 and establish a con- tingency in the amount of $57~044.50 for a total not to exceed $839,438.00. Transfer $790~454.00 from the accounts listed in Attachment II - Part A into an account to be established by the Director of Finance in the Capital Projects Fund. Establish an accounts receivable from Faison and appropriate the amount of $48~984.00 to the account to be established for a total appropriation of $839,438.00. D. Reject the other bids received. Respectfully submitted, WRH/RKB/fm Attachments: I. Tabulation of Bids II. Funding City Attorney Director of Finance City Manager Wil~l~ W~ite, s~., Ch~i/rman William F. Clark George C. snead,--Jr. ~, o o 0 o o o 0 o 0 0 0 o o J o 0 0 o 0 o 0 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 21 $ Church Avenue, S w, Room 456 Roanoke. Virginia 24011 Telephone: (703) 981-2541 May 8, 1991 SANDRA H. EAKIN Deputy C~y Clerk File #298 Mr. William White, Sr., Chairman ) Mr. George C. Snead, Jr. ) Committee Mr. William F. Clark ) Gentlemen: The following bids to construct the Dominion Tower Streetscape were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, May 8, 1991: BIDDER BASE BID TOTAL ALT. NO. 1 ALT. NO. 2 Acorn Construction Ltd. H & S Construction Company Thor, Incorporated Breakell, Inc. $631,500.00 835,219.55 873,594.00 903,642.00 $205,994.00 187,833.00 202,525.00 235,000.00 $2,465.00 5,075.00 2,610.00 4,200.00 On motion, duly seconded and unanimously adopted, the bids were referred to you for tabulation, report and recommendation to Council. Sincerely, ~lk~ Mary F. Parker, CMC/AAE City Clerk MFP:ra pc: Mr. Wilburn C. Oibling, Jr., City Attorney MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215Church Avenue, S W,Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 May 22, 1991 SANDRA H. EAKIN Deputy Oty Clerk File ~51 Mr. Ivan M. Brewer 1210 Gun Club Road, N. W. Roanoke, Virginia 24017 Dear Mr. Brewer: I am enclosing copy of Ordinance No. 30506-52091 rezoning a tract of land located at 1026 Gilmer Avenue, N. W., containing .12 acre, more or less, described as Lot 2, Block 49, Map of Rogers, Fairfax and Houston Addition, Official Tax No. 2111302, from CN, Neighborhood Commercial District, to RM-2, Residential Multi-Family, Medium Density District, subject to certain con- ditions proffered by the petitioner. Ordinance No. 30506-52091 was adopted by the Council of the City of Roanoke on first reading on Monday, May 13, 1991, also adopted by the Council on second reading on Monday, May 20, 1991, and will take effect ten days following the date of its second reading. Sincerely, p~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Eric. pc: Ms. Christine Davis, c/o Mr. Alex Fekas, P. O. Box 4708, Roanoke, Virginia 24015 Mr. Jake E. Saker, 718 - 12th Street, $. W., Roanoke, Virginia 24014 Ms. Bertha M. Clayborne, 1024 Gilmer Avenue, N. W., Roanoke, Virginia 24016 Mr. & Mrs. Thomas C. Webb, 4236 Roy Drive, S. W., Roanoke, Virginia 24014 Mr. David H. Jennings, et als, 1025 Loudon Avenue, N. W., Roanoke, Virginia 24016 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th Day of May, 1991. No. 30506-52091. AN ORDINANCE to amend $36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 211, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, sub- ject to certain conditions proffered by the Petitioner. WHEREAS, a petition has been presented to the Council of the City of Roanoke to have the hereinafter described property rezoned from CN, Neighborhood Commercial District, to RM-2, Residential Multi-Family, Medium Density District, subject to certain conditions proffered by the Petitioner; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by ~36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recoramendation to Council; and WHEREAS, a public hearing was held by City Council on the Amended Petition at its meeting on May 13, 1991, after due and ' timely notice thereof as required by §36.1-693, 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 peti- tion, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters pre- sented at the public hearing, is of the opinion that the herein- after described property should be rezoned as herein provided. WHEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §38.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 211 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as a tract of land lying at 1026 Gilmer Avenue, N.W., being all of Lot 2, Block 49, Rogers, Fairfax and Houston Addition, of the Sectional 1976 Zone Map, City of Roanoke, and bearing Official Tax No. 2111302, be and is hereby rezoned from CN, Neighborhood Commercial District, to RM-2, Residential Multi-Family, Medium Density District, subject to those conditions proffered by and set forth in the Amended Petition to Rezone filed in the Office of the City Clerk on April 3, 1991, and that Sheet No. 211 of the Sectional 1976 Zone Map be changed in this respect. ATTEST: City Clerk. - 2 - Roanake City Planning Cammi~sian May 12, 1991 The Honorable Noel C. Taylor, and Members of City Council Roanoke, Virginia Mayor Dear Members of Council: Subject: Request from Ivan M. Brewer that a tract of land located at 1026 Gilmer Avenue, N.W., official tax number 2111302, be rezoned from CN, Neighborhood Commercial District to RM-2, Residential Multifamily, Medium Density District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Background: Purpose of requested rezoning is to provide for the conversion of an existing single family dwelling into a two-family dwelling. B. Petition to rezone was filed on March 12, 1991. First amended petition to rezone was filed on April 3, 1991. The following conditions were proffered by the petitioner: That the property will be developed in substantial conformity with the site plan prepared by Jack Bess, dated February 5, 1991, a copy of which is attached to the Petition for Rezoning as Exhibit B-2, subject to any changes required by the city during comprehensive site plan review. That the use of the property requested for rezoning shall be either a single family dwelling or a two-family dwelling. Rotan 355 Municipal Building 215 Church Avenue, SW~ R~anoke~ Virginia 24011 (703) 981 2344 II. Plannin~ Commission public hearing was held on Wednesday, April 3, 1991. Mr. Ivan Brewer, petitioner, appeared before the Commission and stated that the purpose of the rezoning request was to allow the completion of the conversion of an older single family house, that he has owned for a number of years, into a duplex. Mr. Brewer stated that the exterior work had been done using residual materials from other home improvement jobs that he and his company had done and that the interior of the structure has been gutted out for the renovation. He then informed the Commission that the amended petition he had filed revised proffered condition #2 and eliminated proffered condition #3 since it was not applicable to purpose and intent of the rezoning request. Mrs. Dorsey gave the staff report and noted that the staff recommended approval of the request. She stated that the rezoning would bring an existing legal non-conforming use into conformance with the correct zoning district classification as well as provide for the conversion of the single-family dwelling into a two-family dwelling. There was a question from the Commission relative to the need for a buffer on this property to the adjoining properties and staff advised that in this particular case, that was not a requirement of the zoning ordinance. No one from the public appeared before the Commission to speak in favor or in opposition to the request. Issues: Zoning of the subject property is CN, Neighborhood Commercial District. The surrounding zoning in the area is as follows: to the north, east and south is RM-2, Residential Multifamily District and to the west is CN, Neighborhood Commercial District. Land use of the site is currently a single family structure that has undergone recent renovations. Surrounding land uses are as follows: to the north, across Gilmer Avenue, is a mix of vacant and occupied single family residences and a vacant lot; to the east are single family residences and a duplex; to the south are single family residences intermixed with vacant, undeveloped lots; to the west is a vacant lot and a convenience store; and to the far west, across llth Street, is a tree service and auto repair garage. 2 Ce Utilities are available and adequate. Any storm drainage concerns related to the off-street parking area in the rear of the site will be addressed and resolved during the site plan review process. De Access to the subject property is from Gilmer Avenue which has been terminated at its intersection with 10th Street. Access to and from the required off-street parking area, along the rear of the site, will be from the adjoining 12 foot wide alleyway that also serves all of the other properties within that block. Neighborhood organization is the Northwest Neighborhood Environmental Organization. The planning office has been notified that the neighborhood does not object to the proposed rezoning and that they support the renovation and addition of more housing in the area that is done in such a manner as this proposal. Subject DroDerty was rezoned from C-2, General Commercial District to CN, Neighborhood Commercial District in 1987 as part of the comprehensive revision to the City's zoning ordinance. Eleventh Street Land Use and Business Inventory Study was prepared in 1990 in response to a number of business and property owner requests to rezone the area back to C-2, General Commercial District. The results of that study, Planning Commission and City Council action was to rezone the portion of the study area north of Fairfax Avenue to C-2 and to retain the portion south of Fairfax Avenue zoned CN. He Comprehensive Plan recommends that a variety of housing choices in existing neighborhoods be encouraged through a balance of preservation, rehabilitation and new development. III. Alternatives: A. City Council approve the rezoning request. Zonin~ of the subject property would be RM-2, Residential Multifamily District, consistent with the proposed use of the property and the zoning patterns in the residential section of the neighborhood. e Land use would become a two-family dwelling that would be a conforming use as well as provide more affordable housing for lower income families in the community. Utilities are available and of adequate capacity for the proposed conversion of the existing single family structure into a two-family dwelling. Access to and from the site can be safely provided from the adjoining alley and proposed off-street parking plan as shown on the proffered site plan. The City Traffic Engineer has stated that no traffic impacts are anticipated from the proposed use of the subject property and alley access. Neighborhood realizes the benefits in maintaining the residential use of the property while providing an alternative type as well as more affordable housing in the area. Comprehensive plan issue as set forth would be followed. B. City Council deny the rezoning request. Zoning of the subject property would remain CN, Neighborhood Commercial District and the existing residential use would remain non-conforming and the use of the existing structure as a two-family dwelling could not occur. 2. Land use would be unaffected. 3. Utilities would be unaffected. 4. Access would not be an issue. Neighborhood would be unaffected and more alternative housing stock in the area would not be provided. Comprehensive plan issue as set forth could be followed at a later date. IV. Recommendation: By a vote of 6-0 (Mr. Ferguson absent), the Planning Commission recommended approval of the rezoning request. The rezoning would place a legal non-conforming use into a conforming zoning district classification as well as provide for the conversion of an existing residential structure into a two-family dwelling that would provide an alternative housing choice in an older, established residential neighborhood. 4 Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission CAP:EDD:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Petitioner 5 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 275 Church Avenue, S w, Room 456 Roanoke, Virgm,a 24011 Telephone: (703)981-2541 April 4, 1991 SANDRA H. EAKIN Deputy C~ty Clerk File #51 Mr. Charles A. Price, Jr., City Planning Corr~ission Roanoke, Virginia Chairman Dear Mr. Price: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition from Mr. Ivan M. Brewer requesting that a tract of land located at 1026 Gilmer Avenue, N. W., containing .12 acre, more or less, described as Lot 2, Block 49, Map of Rogers, Fairfax and Houston Addition, Official Tax No. 2111302, be rezoned from Neighborhood Coramercial District, to RM-2, Residential Multi-Family, Medium Density District, subject to certain con- ditions proffered by the petitioner. MFP:ra REZONESO pc: Sincerely, ~ -- Mary F. Parker, CMC/AAE City Clerk Mr. Ivan M. Brewer, 1210 Gun Club Road, N. W., Virginia 24017 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. ~iller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Roanoke, FIRST AMENDED PETITION IN THE COUNCIL OF THE CITY OF ROANO~ VIRGINIA IN RE: Rezoning of a tract of land located at 1026 Gilmer Avenue, N.W., described as official Tax Number 2111302 and being all of Lot 2, of Block &9, Map of Rogers, Fairfax and Houston Addition from CN, Neighborhood Commercial District to RM-2, Residential Multifamily District, such rezoninE to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Ivan M. Brewer, owns land in the City of Roanoke containing .12 acres, more or less, located 1026 Gilmer Avenue N.W. Official Tax #2111302. Said tract is currently zoned CN, Neighborhood Commercial District. A map of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as. amended, the Petitioner requests that the said property be rezoned from CN, Neighborhood Commercial District to RM-2, Residential Multifamily District, sub3ect tO certain conditions set forth below, for the purpose of converting an existing single family dwelling into'a two- family dwelling. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide housing for lower income families and improve the existing residential neighborhood. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: 1. That the property will be developed in substantial conformity with the site plan prepared by 3ack Bess, dated February 5, 1991, a copy of which is attached to the Petition for Rezoning as Exhibit B-2, subject to any changes required by the city during comprehensive site plan review. That the use of the property requested for rezoning shall be either a single family residence or a e two-family dwelling. Attached as Exhibit B-1 are names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above- described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 1991. Respectfully submitted, Ivan M. Brewer 1210 Gun Club Road. N W Roanoke Virginia 24017 Phone: 986-Z028 \ LOCATION .I) R REZONED CN I)Og : "I:IIEZOI I,HG BY ORD. i I) lOOoO~e I)051;L1 RI;Z()NIN( MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W,Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 April 25, 1991 SANDRA H. EAKIN Deputy C~ty Clerk File #51 Mr. Ivan M. Brewer 1210 Gun Club Road, N. W. Roanoke, Virginia 24017 Dear Mr. Brewer: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant your request that a tract of land located at 1026 Gilmer Avenue, N. W., containing .12 acre, more or less, described as Lot 2, Block 49, Map of Rogers, Fairfax and Houston Addition, Official Tax No. 2111302, be rezoned from CN, Neighborhood Commercial District, to RM-2, Residential Multi-Family, Medium Density District, subject to certain conditions proffered by the peti- tioner. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, May 13, 1991, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, $. W. For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the rezoning, which notice and Ordinance were prepared by the City Attorney's Office. Please review the Ordinance and if you have questions, you may contact Mr. Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the Planning Commission report should be directed to Mr. John R. Marlles, Community Planning, at 981-2344. Sincerely, ~l~.~. Mary F. Parker, C-~4C/AAE City Clerk Chief of MFP:ra PUBLIC50 Enc. Mr. Ivan M. Brewer April 25, 1991 Page 2 pc: Ms. Christine Davis, c/o Mr. Alex Fekas, P. O. Box 4708 Roanoke, Virginia 24015 Mr. Jake E. Saker, 718 12th Street, S. W., Roanoke Virginia 24014 Ms. Bertha M. Clayborne, 1024 Gilmer Avenue, N. W., Roanoke Virginia 24016 Mr. & Mrs. Thomas C. Webb, 4236 Roy Drive, S. W., Roanoke Virginia 24014 Mr. David H. Jennings, et als, 1025 Loudon Avenue, N. W. Roanoke, Virginia 24016 Ms. Mary Stewart, 1711 Michael Street, N. W., Roanoke Virginia 24017 Fenzel, Fenzel & Associates, 419 Elm Avenue, S. W., Roanoke Virginia 24016 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Congnission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Charles A. Price, Jr., Chairman, City Planning Congnission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Congnissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of City of Roanoke will at 7:30 p.m., in the Church Avenue, S. W., Neighborhood Commercial District to RM-2, Residential Multi-Family, Medium Density District, the following property: A tract of land lying at 1026 Gilmer Avenue, N.W., being all of Lot 2, Block 49, Rogers, Fairfax and Houston Addition, and bearing Official Tax No. 2111302, such rezoning to be subject to certain proffered conditions. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 24th day of April , 1991. the hold a Public Hearing on Monday, May 13, 1991, Council Chamber in the Municipal Building, 215 on the question of rezoning from CN, Mary F. Parker, City Clerk. Please publish in full twice, once on Friday, April 26, 1991, and once on Friday, May 3, 1991, in the Roanoke Times & World News, Morning Editions. Please send publisher's affidavit and bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 RgAN~KE TINES AD NUMdER - 42421751 PUBLISHER'S FEE - ~105,00 CITY OF ROANOKE C/O MARY F PARKER CIIY CLERKS OFFICE ROOM 456 MUNICIPAL ROANOKE VA 2401Z STATE OF VIRGINIA CIIY GF ROANOKE AFFIDAVIT GF PUBLICATION Iv (THE UNDERSIGNED! AN AUTHOKIZEO REPRESENTATIVE dF THE TIMES-WORLD COR- PORATION~ ~HICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES & ~CRLO-NE.S~ A DAILY NEWSPAPER PUBLISHED IN ROANOKE~ IN TH~ STATm OF VIRGINiA~ DO CERTIFY THAT THE ANNEXED NOTICE WAS PU~LISHEO IN SAID NEWSPAPERS ON THE FOLLOWING DATES 0~/2b/91 MORNING 05/03/91 MORNING MARY F. PARKER CiTy Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W, Room 456 Roanoke, V~rg~ma 24011 Telephone: (703)981-2541 March 13, 1991 SANDRA H, EAKIN Deputy ClZy Clerk File #51 ,~r. Charles A. Price, Jr., City Planning Con~nission Roanoke, Virginia Chairman Dear Mr. Price: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Mr. Ivan M. Brewer requesting that a tract of land located at 1026 Gilmer Avenue, N. W., containing .12 acre, more or less, aescribed as Lot 2, Block 49, ~ap of Rogers, Fairfax and Houston Addition, Official Tax No. 2111302, be rezoned from Neighborhood Commercial District, to RM-2, Residential ~ulti-Family, ~edium Density District, subject to certain con- ditions proffered by the petitioner. ~FP:ra REZONESO pc: Sincerely, _~_ ~4ary F. Parker, CMC/AAE City Clerk Mr. Ivan ~. Brewer, 1210 Gun Club Road, N. W., Virginia 24017 ~r. John R. Marlles, Agent/Secretary, City Planning Commission ~r. Ronald H. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Roanoke, TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Request from Ivan M. Brewer that a tract of land located at 1026 Gilmer Avenue, N.W., official tax number 2111302, be rezoned from CN, Neighborhood Commercial District, to RM-2, Residential Multifamily District, Medium Density District, such rezoning to be subject to certain conditions proffered by the petitioner. AFFI- DAVIT COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Secretary of the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 25th of March, 1991 notices of a public hearing to be held on the 3rd day of April, 1991, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNER~ AGENT OR OCCUPANT ADDRESS 2110809 Christine Davis c/o Alex Fekas 2110810 P.O. Box 4708 Roanoke VA 24015 2111301 Jake E. Saker 2111303 Be~3e~M. Clayborne 718 12th Street, SW Roanoke VA 24014 1024 Gilmer Ave. NW Roanoke VA 24016 2111311 4236 Roy Dr. SW Roanoke VA 24014 Thomas C. Webb & Mildred R. Webb 2111312 David Herman Jennings, et als 1025 Loudon Ave. NW Roanoke VA 24016 2111313 Mary Stewart 1711 Micheal St., NW Roanoke VA 24017 2110811 Fenzel, Fenzel & Assoc. 419 Elm St. S.W. Roanoke VA 24016 ~artha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 25th day of March, 1991. Notary Public My Commission Expires: MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W, Room 456 Roanoke, Virg~ma 24011 Telephone: (703) 981-2541 May 22, 1991 SANDRA H. EAKIN Deputy O:y Clerk File #51 Mr. Robert C. Spencer 4235 Electric Road, S. W. Roanoke, Virginia 24014 Mr. John W. Hollingsworth 4235 Electric Road, S. W. Roanoke, Virginia 24014 Gentlemen: I am enclosing copy of Ordinance No. 30507-52091 rezoning a tract of land containing approximately 3.3 acres, located adjacent to Duke of Glouchester Street and/or Roberts Road, $. W., Official Tax No. 5500110, from RM-2, Residential Multi-Family, Medium Density District, to C-i, Office District, subject to certain conditions proffered by the petitioners. Ordinance No. 30507-52091 was adopted by the Council of the City of Roanoke on first reading on Monday, May 13, 1991, also adopted by the Council on second reading on Monday, May 20, 1991, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra En¢ o pc: Ms. Rita A. Poulos, 6757 Parkway Drive, S. W., Roanoke, Virginia 24018 Paramount Locations, Inc., Kress Company, 3100 West Building Bears Road, Troy, Michigan 48084 Coreast Savings Bank, c/o Ms. Rosalie McMasters, P. O. Box 11804, Lynchburg, Virginia 24506 proper notice to all concerned as required by S36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to of Roanoke (1979), Council; and WHEREAS, a public hearing was held by City Council on the Amended Petition at its meeting on May 13, 1991, after due and timely notice thereof as required by §36.1-693, Code of the City as amended, at which hearing all parties in Commission, the City's Comprehensive Plan, and the matters pre- sented at the public hearing, is of the opinion that the herein- after described property should be rezoned as herein provided. WHEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that $36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 550 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as a portion of a certain 3.3-acre tract of land lying adjacent to Duke of Glouchester Street and/or Roberts Road, bearing Official Tax No. 5500110, be and is hereby rezoned from RM-2, Residential Multi-family, Medium Density District, to C-l, Office District, as set forth in the Petition to Rezone filed in the Office of the City Clerk on April 23, 1991, and subject to those conditions proffered by and set forth in the said Petition to Rezone, and that Sheet No. 550 of ~he Sectional 1976 Zone Map be changed in this respect. ATTEST: City Clerk. - 2 - Roanoke City Planning Commission May 13, 1991 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Robert C. Spencer and John W. Hollingsworth that the rear portion of Official Tax Number 55500110, currently zoned RM-2, Residential Multifamily, Medium Density District, and located adjacent to Duke of Glouchester Street, S.W., and along the unopened sections of Roberts Road, S.W., be rezoned to C-l, Office District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Background: ae Purpose of the rezoning request is to permit those uses allowed in the C-l, Office District to occur on the subject property. bo Petition to rezone was filed on April 10, 1991. First amended petition to rezone was filed on April 23, 1991. The following conditions were proffered by the petitioner: That no building permit shall be issued for development on the portion of the site rezoned C-I, Office District, until such time that the adjoining Roberts Road has been designed, constructed and accepted by the City as a public street. If a certificate of acceptance for Roberts Road, adjacent to the site is not issued within 36 months of final approval of this rezoning, then the zoning will revert to RM-2, Residential Multifamily, Medium Density District without further action by the Council of the City of Roanoke. 355 Municipal Building 215 Church Avenue, S.W P,~anoke. Virginia 24011 (703) 98t 2344 Members of Council Page 2 Dm Planning Commission public hearing was held on May 1, 1991. Mr. Mike Waldvogel, representing the petitioners, appeared before the Commission and stated that his clients have a contract to purchase the subject property of which a portion is currently zoned C-2 and the balance is zoned RM-2. He further stated that the contract purchasers currently operate a business in the County and plans to relocate that operation to the C-2 zoned portion of this site. Mr. Waldvogel stated that the contract purchasers' intent is to develop offices on the portion of the site requested for rezoning. He then informed the Commission that the site is currently split by the private drive of Duke of Glouchester which serves the two adjoining apartment complexes. Mr. Waldvogel stated that as a condition of the rezoning, his clients propose to construct the undeveloped portion of Duke of Glouchester as a public right-of-way to not only serve the subject property but to provide public access to adjoining properties that currently do not have access to an improved public roadway. He further stated that the subject property, if rezoned, would serve as a transitional land use area from the C-2 uses along Franklin Road to the apartments to the west of the property. Mrs. Dorsey gave the staff report and stated that the Planning staff recommended approval of the requested rezoning finding that the office zoning district would provide more compatible land uses and a transitional buffer area needed at this location between the more intensive, highway oriented uses along Franklin Road and the existing and proposed residential development to the west of the site. Mr. Charles Cornelison, attorney representing owners of the adjoining Hounds Chase Apartment complex, appeared before the Commission and stated that they opposed the rezoning primarily due to the extension of the proposed new right-of-way beyond the boundaries of the subject property. He further stated that his clients property and tenants would be unnecessarily affected by the extension which is to serve development on another property at some future date. Mr. Cornelison stated that the proposed extension being addressed would create an area conducive to after hours parking or activities in this part of town and should not be done at this time. Considerable questions and answers and discussion took place by the Commission in regard to the proposed construction of the new right-of-way, the status of Roberts Road north of the Wood Estate Members of Council Page 3 property, the proffered condition of constructing the new right-of-way and the review and approval process through which any further extension of the proposed street would follow. It was the consensus of the Commission, after further discussion with the Assistant City Attorney, that the rezoning issue before them was not the appropriate forum to discuss the extension and widening of a proposed public right-of-way and that that particular issue would be addressed at a later date. II. Issues: Zoning of the subject property is RM-2, Residential Multifamily, Medium Density District. Surrounding zoning in the area is as follows: to the northwest and west is RM-2; to the northeast, east and south is C-2, General Commercial District. Land Use of the site is currently vacant, undeveloped. Surrounding land uses in the area is as follows: to the northeast, east and south is a mixture of restaurants, highway convenience commercial uses, and service and retail establishments; to the north and west are two large multifamily developments intermixed with three single family residences and vacant, undeveloped tracts of land. Utilities are available and adequate. Ail development proposals for this site shall be subject to comprehensive development plan review to ensure orderly development, screening and landscaping, safe internal and external movement of vehicles and pedestrians and the appropriate sediment, erosion and storm drainage control measures are addressed and complied with during and upon completion of development on the property. Access to the subject property is currently from Franklin Road to Duke of Glouchester Street. The City Traffic Engineer has stated that the additional traffic that would be generated by the development of this site can be sufficiently handled by the existing traffic signalization at the intersection of Franklin Road and Duke of Glouchester Street. Screening would be required, upon development on the site, along all property lines that adjoin a residentially zoned area and would be addressed during comprehensive development plan review. Members of Council Page 4 Neighborhood is not an organized group. Several inquiries by area residents were made in regard to the location of the proposed new right-of-way and uses permitted in the C-1 district. The only issue of concern was expressed by Mr. Charles Cornelison, attorney representing the owners of the adjoining Hounds Chase apartment complex, who appeared before the Commission in opposition to the extension of the proposed new public street beyond the boundary of the subject property. G. Comprehensive Plan recommends that: Neighborhood character and environmental quality should be protected. Land use changes near residential areas should be carefully evaluated and designed to conserve and enhance neighborhood quality. Development of new commercial areas should be carefully planned and designed to promote quality development and good land use. III. Alternatives: A. City Council approve the rezoning request. Zoning of the subject property would be conditional C-I, Office District and the site would serve as a transitional land use and buffer area between the more intensive commercial uses along Franklin Road and the multifamily residential uses to the west and northwest of the property. Land Use would be office and light commercial uses that would be more compatible with the existing multifamily development in the area than the more intensive commercial uses located to the east and south of the subject property. Utilities are available and adequate. During and upon completion of any proposed construction on the subject property, the petitioner must comply with the City's storm water management policy and sediment/erosion control ordinance. Access to the subject property and resulting traffic generation from development on the site would be sufficiently addressed through the design, construction and acceptance by the City of that portion of Roberts Road, that adjoins Members of Council Page 5 this property, as a public street which is to be constructed prior to any development taking place on the site. Screening of any proposed uses on any portion of the site that adjoin a residentially zoned area would be required upon development on the subject property. Neighborhood impact would be minimal given the limited commercial uses permitted in the C-1 district in conjunction with careful site design, layout and landscaping of the property to buffer the uses to the adjoining multifamily developments. Comprehensive Plan issues as set forth would be followed. B. City Council deny the rezoning request. Zoning would remain RM-2, Residential Multifamily District and the provision of a transitional zoning district would not occur. 2. Land Use would remain vacant, undeveloped. 3· Utilities would be unaffected. Access would not be an issue and a portion of Roberts Road would remain undeveloped. Adequate access to adjoining undeveloped properties would not be provided. 5. Screening would not be an issue. Neighborhood would remain as is with a mixture of multifamily residential and intensive commercial land uses with no separation or transitional land use between the two dominant land uses. Comprehensive Plan issues as set forth could be followed at a later date. IV. Recommendation: By a vote of 7-0, the Planning Commission recommended approval of the requested rezoning, finding that the uses permitted in the office commercial zoning district would provide more compatible land uses and a transitional buffer area between the intensive, heavy commercial uses along Franklin Road and the multifamily developments to the west of the property. Members of Council Page 6 Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission JRM:EDD:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Petitioner FIRST AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land containing approximately 3.3 Acres, bearing tax number 5500110, adjacent to Duke of Glouchester Street and/or Roberts Road, shown on the City of Roanoke, Virginia zoning map sheet number 550, a portion of said parcel being zoned C-2, General Commercial District, requesting that the remaining portion which is zoned RM-2, Residential Multifamily, Medium Density District, be zoned C-l, Office District, such rezoning to be subject to certain proffered conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE. The Petitioners, Robert C. Spencer and John W. Hollingsworth, have entered into a written contract for the purchase of approximately 3.3 Acres situate in the City of Roanoke, bearing tax idenfification number 5500110 located adjacent to Duke of Glouchester Street and Roberts Road. A portion of said tract is zoned C-2, General Commercial District. The other portion of said tract is zoned RM-2, Residential Multifamily, Medium Density District, which the Petitioners desire to be rezoned to C-l, Office District. A map of the property to be rezoned is attached as Exhibit A. Petitioners believe the rezoning of will further the intent and purposes Ordinance and its comprehensive plan, in the said tract of ]and of the City's Zoning that it will provide a transition between the RM-2, Residential Multifamily Density District, and the commercial uses in the C-2, Commercial District. Pursuant to §36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request that the portion of said property designated RM-2, Residential Multifamily, Medium Density District, to be rezoned C-l, Office District, subject to certain conditions as set forth below. 1. Medium General No building permit shall be issued for development of the portion of the site rezoned C-l, Office District, until such time as the unopened section of Roberts Road adjacent to the site is constructed and inspected by the Roanoke City Engineering Department and a certificate of acceptance is issued by said Department. If a certificate of acceptance for Roberts Road, adjacent to the final approval revert to RM-2, District without City of Roanoke. site is not issued within 36 months of of this rezoning, then the zoning will Residential Multifamily, Medium Density further action by the Council of the Attached as Exhibit B are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioners request that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke, Virginia. Respectfully submitted this day of April, 1991. ~FULLY SUBMITTED: 423~ Electric'Road SW Roanoke, Virginia 24014 JOHN W~. HOLLINGSW(~RTH Grand Pavillion Mall 4235 Electric Road SW Roanoke, Virginia 24014 OFFICIAL TAX NUMBER 550 0109 550 0103 550 0116 550 0115 550 0111 550 1001-550 1014 550 0119 550 0101 EXHIBIT B ADJOINING PROPERTY OWNER LIST OWNER'S NAME AND MAILING ADDRESS RITA ANN POULOS & DENO DEMETROIS POULOS 6757 PARKWAY DRIVE SW ROANOKE, VIRGINIA 24018 PARAMOUNT LOCATIONS, INC. KRESS COMPANY 3100 W. BLDG. BEAVE ROAD TROY, MICHIGAN 48.084 COREAST SAVINGS BANK ATTENTION: ROSALIE McMASTERS P. O. BOX 11804 LYNCHBURG, VIRGINIA 24506-1804 R. E. HUGHS P. O. DRAWER 2567 GREENVILLE, SOUTH CAROLINA 29602 ROANOKE ASSOCIATES c/o STEVE RICE FRIENDSHIP MANOR RETIREMENT COMMUNITY, INC. 215 HERSHBERGER ROAD NW ROANOKE, VIRGINIA 24012 D & J ASSOCIATES P. O. BOX 21096 ROANOKE, VIRGINIA 24018 JAMES L. GIBBONS & LAVINA GIBBONS 6410 ROCKLEDGE DRIVE APT 204 BETHESDA, MARYLAND 20034 AKIO KOEDA KABUKI JAPANESE STEAK HOUSE 3503 FRANKLIN ROAD ROANOKE, VIRGINIA 24014 I I I,, 800 Professional Arts Bui~ing 30 W. Franklin Road Roanoke, Virginia 24011 703/982-2444 Fax/342-8549 April 10, 1991 Ms. Mary Parker Clerk, City of Roanoke 215 Church Ave SW Roanoke VA 24011 Hand Delivered Dear Ms. Parker, Delivered herewith, in duplicate, is a petition to rezone approximately 2.2 acres of land on Roberts Road, SW, Roanoke, Virginia. We request that a public hearing be scheduled before the Planning Commission of the City of Roanoke on May 1, 1991 and that this matter be placed on the M&y 13, 1991 agenda for City Council. Also attached is a check made payable to the City of Roanoke in the amount of $330. Should you have any questions please do not hesitate to call. Sincerely, Michael ~M MMW/l:mp.tga LOCATIO ? / / // /// // / .P ¢)I) 0 I..' I) 1 I 7.0 I G I/ I! /! // NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, May 13, 1991, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on the question of rezoning from RM-2, Residential Multi-family, Medium Density District, to C-i, Office District, the following property: A portion of a certain 3.3-acre tract of land lying adjacent to Duke of Glouchester Street and/or Roberts Road, and bearing Official Tax No. 5500110, such rezoning to be subject to certain proffered conditions. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 24th day of April , 1991. Mary F. Parker, City Clerk. Please publish in full twice, once on Friday, April 26, 1991, and once on Friday, May 3, 1991, in the Roanoke Times & World News, Morning Editions. Please send publisher's affidavit and bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 R~A~,~O<~ TI~3 i. ~CkLrj-h,t~,S NUMBER - PUmLISHER'S FEE - CITY OF ROANOKE C/D MARY F PARKER CITY CLERKS OFFICE ROOM ~5~ M~NICIPAL ~LOb ROANOKE VA 2~OiI STATE OF VIRGINIA CIIY GF KOANOKE AFFIDAVIT CF PUBLICATION I, {THc UNDERSIGNED) AN AUTHORIZED REPRESENTATIVE CE THE TIMES-WORLD CGR- PORATIONt WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES & WORLD-NEwS, A ~AiLY NEWSPAPER PUSLISHEb IN RDANO~E~ IN THE STATE DF VIRGINIAt D~ CERTIFY THaT THE ANNEXED NOTICE WAS P~SLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 0~/26/91 MORNING 05/03/9i MORNING WITNESS, TH?~.~ 6TH DAY OF MAY 1991 ---~ ..... ~ .......... ~ ..... ~UTHOR[ZED S[GNATURE / MARY F* PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W, Room 456 Roanoke, Virgima 24011 Telephone: (703)981-2541 April 23, 1991 SANDRA H. EAKIN Deputy Oty Clerk File #51 Mr. Charles A. Price, Jr., Chairman City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition from Mr. Robert C. Spencer and Mr. John W. Hollingsworth, requesting that a tract of land containing approximately 3.3 acres, located adjacent to Duke of Glouchester Street and/om Roberts Road, Official Tax No. 5500110, be rezoned from RM-2, Residential Multi-Family, Medium Density District, to C-1, Office District, subject to certain conditions proffered by the petitioners. Sincerely, ~~ Mary F. Parker, C~C/AAE City Clerk MFP:ra REZONE53A pc: Mr. Robert C. Spencer and Mr. John W. Hollingsworth, Pavillion Mall, 4235 Electric Road, S. W., Roanoke, 24014 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Steven J. Tale¥i, Assistant City Attorney Grand Virginia TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Request from Robert C. Spencer and John W. Hollingsworth that) the rear portion of Official Tax Number 5500110, currently ) zoned RM-2, Residential Multifamily, Medium Density District,) and located adjacent to Duke of Glouchester Street, S.W., and)AFFI- along the unopened sections of Roberts Road, S.W., be rezoned)DAVIT to C-l, Office District, such rezoning to be subject to ) certain conditions proffered by the petitioner. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Secretary of the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 22nd of April, 1991, notices of a public hearing to be held on the 1st day of May, 1991, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 5500109 5500103 5500116 OWNER~ AGENT OR OCCUPANT Rita Ann Poulos Paramount Locations, Inc. Kress Company Coreast Savings Bank Attention: Rosalie McMasters 5500115 R.E. Hughs 5500111 5501001- 5501012 5501014- 5501033 Roanoke Associates c/o Steve Rice Friendship Manor Retirement Community Roanoke Associates c/o Valley Management Inc. D & J Associates ADDRESS 6757 Parkway Drive, SW Roanoke, VA 24018 3100 W. Bldg. Beave Road Troy, Michigan 48084 P. O. Box 2567 Greenville, SC 29602 P. O. Box 11804 Lynchburg, VA 24506 615 Church Street Lynchburg, VA 24503 P. O. Box 2567 Greenville, SC 29602 215 Hershberger Road Roanoke, VA 24012 P. O. Box 5365 Roanoke, VA 24012 P. O. Box 21096 Roanoke, VA 24012 5500119 James & Lavina Gibbons 6410 Rockledge Dr. Apt. 204 Bethesda, MD 20034 5500101 Akio Koeda Kabuki Japanese Steak House 3503 Franklin Road Roanoke, VA 24014 Akio Koeda P.O. Box 8634 c/o Pier 1 Building Roanoke, VA 24014 · ~ Martha Pace Franklin ' SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 22nd day of April, 1991., Notary Public My Commission Expires: MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $ W ,Room 456 Roanoke, ¥irgmta 24011 Telephone: (703)981-2541 May 22, 1991 SANDRA H. EAKIN Deputy C~'cy Clerk File #~69 Ms. Cathy Greenberg Public Relations The Junior League of Roanoke Valley, Virginia, Inc. 4504 Starkey Road, S. W. Suite 102 Roanoke, Virginia 24014 Dear Ms. Greenberg: I am enclosing four copies of Ordinance No. 30509-52091 granting to the Junior League of Roanoke Valley, Virginia, Incorporated, a revocable permit to mount certain flags on street lighting poles in the Central Business District of the City, upon certain terms and conditions. Ordinance No. 30509-52091 was adopted by the Council of the City of Roanoke on first reading on Monday, May 13, 1991, also adopted by the Council on second reading on Monday, May 20, 1991, and will take effect ten days following the date of its second reading. Ordinance No. 30509-52091 shall be in full force and effect at such time after its effective date as a copy, duly signed, sealed, attested and acknowledged by an appropriate official on behalf of the Junior League of Roanoke Valley has been filed in the Office of the City Clerk. Please sign and return three copies of Ordinance No. 30509-52091 to the City Clerk's Office, Room 456, Municipal Building, Roanoke, Virginia 24011. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc, pc: Mr. D. Kent Chrisman, Assistant Director, Downtown Roanoke, Inc., 410 First Street, S. W., Roanoke, Virginia 24011 Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director of Public Works Mr. William M. Mullins, Jr., Manager, Signals and Alarms Mr. George C. Snead, Jr., Director of Administration and Public Safety IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th Day of May, 1991. No. 30509-52091. AN ORDINANCE granting to the Junior League of Roanoke Valley, Virginia, Incorporated, a revocable permit to mount certain flags on street lighting poles in the Central Business District of the City, upon certain terms and conditions. WHEREAS, the Junior League of Roanoke Valley, Virginia, Incor- porated (Permittee), has requested that Council authorize the Permittee to mount Roanoke Valley Horse Show flags on certain street lighting poles in the Central Business District of the City, Permittee's request being more particularly set forth in the letter of Cathy Greenberg, Public Relations Committee, dated April 9, 1991; and WHEREAS, Council is desirous of granting the request of the Permittee pursuant to certain terms and conditions; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Permission is hereby granted the Permittee to mount certain flags on street lighting poles in the Central Business District of the City, the Permittee's request being more particularly described in the letter dated April 9, 1991, from Cathy Greenberg, Public Relations Committee, Junior League of Roanoke Valley, Virginia, Incorporated, a copy of which is on file in the Office of the City Clerk. 2. The permit granted by this ordinance shall be revocable ag the pleasure of the City of Roanoke. 3. Any and all costs in connection with the granting of this permit shall be borne by the Permittee. 4. The Permittee shall and, by execution of this ordinance, does agree to indemnify and save harmless the City, its officers, agents and employees from any and all claims, legal actions, and judgments advanced against the City and for expenses the City may incur in this regard, arising out of the Permittee's intentional acts or negligent acts or omissions with respect to the rights or privileges granted hereby. 5. Permittee shall give notice to the City's Director of Public Works prior to entry onto City property or City facilities for installation or mounting of the flags. 6. The permit granted by this ordinance shall expire, by its own terms, without notice, at midnight on June 24, 1991. 7. This ordinance shall be in full force and effect at such time after its effective date as a copy, duly signed, sealed, attested and acknowledged by an appropriate official on behalf of the Junior League of Roanoke Valley, Virginia, Incorporated, has been filed in the Office of the City Clerk. ATTEST: City Clerk. ACCEPTED AND EXECUTED by 1991. ATTEST: the undersigned this __ day of JUNIOR LEAGUE OF ROANOKE VALLEY, VIRGINIA, INCORPORATED By Title - 2 - Roanoke, Virginia May 13, 1991 Honorable Noel C. Taylor, Mayor and Members of Council Roanoke, Virginia Dear Members of Council: SUBJECT: The Junior League of Roanoke Valley, Virginia, Incorporated Request I. Background: C~t¥ Council has granted permission to various civic Groups in the past to hang flags from street lighting poles within the Downtown area. II. Current Situation: By letter dated April 9, 1991, Ms. Cathy Greenberg, with Public Relations for The Junior League of Roanoke Valley, Virginia, Incorporated has requested permission to fly 3 foot by 5 foot flags from street light poles in the Central Business District advertising the Roanoke Valley Horse Show. III. Issues: A. Authority for Approval B. Permit Requirements IV. Alternatives: City Council grant The Junior League of Roanoke Valley, Virginia, Incorporat~dpormission to bang flags frc~ street light poles in the Central Business District. 1. Authority for approval or denial is solely City Council's. 2. Permit requirements are basically the same as required previously of other organizations. a) The J~m~or League of Roanoke Valley, Virginia, Incorperated obtain ~nd~vidual or company to install and remove flags. Members of Council Page 2 b) c) Cost of will be Junior Virginia, installing and removing flags the sole responsibility of The League of Roanoke Valley, Incorporated. Indemnification and Insurance - The Junior League of Roanoke Valley, Virginia, Incorporated has furnished a certificate of insurance suitable in form and amount to the risk manager. B. City Council deny the request of The Junior League of Roanoke Valley, Virginia, Incorporated. 1. Authority for approval or denial is solely City Council's. 2. Permit requirements would not be an issue. Recoa~eDaation is that Alternative "A" thus: City Council approve Adopt appropriate measure, as prepared b~ the City Attorney, granting ~ermission to The Junior League of Roanoke- Valley, Virginia to fly Horse Show flags from street lighting poles in the Central Business District frem June 14, 1991, thru June 24, 1991. Respectfully su]m~itted, City Manager WP~{:W~9~jr: j rm copy: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. William F. Clark, Director of Public Works Mr. George C. Snead, Director of Administraticm & Public Safety Mr. William M. Mullins, Jr., Manager of Signals & Alarms Ms. Cathy GreeD_berg, Public Relations, The J~n~or League of Roanoke Valley, Virginia, Inc., 4504 Starkey Road, Suite 102, Roanoke, Virginia 24014 Mr. D. Kent Chrisman, Assistant Director, Downtc~;n Roanoke Inc., 410 First Street, S.W., Roanoke, VA 24011 e~Oe~CTS x99o.x99x Child Care Connections Children's Drama Explore Education Parent Outreach program Project Independence TOP R~lona[ Conference Teen Outreach Program The Junior League of Roanoke Valley, Virginia, Inc. "Volunteers with a Vision for the Valley" COMMUNITY ADVISORY BOARD Curtis Beach Susan Cole SIgraund Davidson Virginia L Hardin DIRECTOR'S OFFICE .- April 9, 1991 Mr. Bill Clark Director of Public Works 215 Church Ave. Roanoke, Virginia 24011 Dear Mr. Clark: The Junior League of Roanoke Valley, Virginia, Inc. would like to put up 80 flags from June 14 through June 24 to promote the Horse Show. We are a non-profit organization with the proper insurance. If you need more information, please call me at 981-3176. Sincerely, CG:cfg 4504 Starkey Road, SW · Suite 102 · Roanoke, Virginia 24014 · 774-3242 RODUCER Chaney, Thomas, Stephenson & Hill, Inc. P.O. Box 1600 Roanoke, VA 24007 INSURED The Junior League of Roanoke Valley, Inc. 4504 Starkey Road, SW Roanoke, Virginia 24014 MAY0 3 lgg~ ISSUE DATE (MMIDDIYY) 5-2-91 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE COMPANIES AFFORDING COVERAGE COMPANY LETTER A Cincinnati Insurance Company COMPANY LETTER a COMPANY LETTER C COMPANY LETTER D COMPANY LETTER E THIS IS TO CERTIFY THAT THE POLICIES OF iNSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPiRATiON LIMITS CO TYPE OF INSURANCE POLICY NUMBER DATE (MMIDD/YY) DATE (MM/DD/YY) .TR GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MAUL X OCCUR. OWNER'S & CONTRACTOR'S PROT. 58 24 55 9-1-88 9-1-91 GENERAL AGGREGATE $ 500,000 PRODUCT~COMP/OP AGG. $ 500 , 000 PE"SO~L ~. ^ur. ~UURY $ 500,000 EACH OCCURRENCE $ 500,000 FIRE DAMAGE (Any one fire) $ 50 , 000 Mm EX~ (.~y ~ p~) $ 10,000 COMBINED SINGLE LIMIT BODILY INJURY (per person) BODILY INJURY (Per aocident) AUTOMOBILE LIABILITY $ ANY AUTO ALL OWNED AUTOS ~!-¥~*'~'~W~*Z*4 $ GARAGE LIABILI~ ~-- -~ - PROPER~ DAMAGE $ ~CESS UA~LITY ~CH ~CURRENCE $1 ~ 000 t 000 A X UaS.EL~FORa CCC 25] 92 02 ]2-3-89 9-1-92 AGGREGATE $],000,000 DESCRIPTION OF OPE~TIONS~OCATIONS~EHICLESISPEClAL ITEMS The City of Roanoke, its officers, agents, employees and volunteers are added as Additional Insureds ATI~ City of Roanoke 215 Church Ave. #207 Roanoke, VA 24011 Attention: Lauren Eib CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ] 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESEN~TIV~NEY. T~0M~ S~. P~ENmN & HILL. MARY F, PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W,Room 456 Roanoke. Virginia 24011 Telephone: (703)981-2541 May 22, 1991 SANDRA H. EAKIN Deputy C~y Clerk File #259 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30513-52091 accepting the bid of Tribbett's Portable Foods for certain concession privile- ges at River's Edge Sports Complex, including Victory Stadium, Maher Field and South Roanoke Park, for a fee of $103.00 per month or 33.3 percent of gross receipts per month, whichever is greater. Ordinance No. 30513-52091 was adopted by the Council of the City of Roanoke on first reading on Monday, May 13, 1991, also adopted by the Council on second reading on Monday, May 20, 1991, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc o pc: Mr. Joel M. Schlanger, Director of Finance Ms. Deborah J. Moses, Chief, Billings and Collections Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. D. Darwin Roupe, Manager, General Services Mr. Gary N. Fenton, Manager, Parks and Recreation/Grounds Maintenance Mr. Barry L. Key, Manager, Office of Management and Budget and IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th Day of May, 1991. No. 30513-52091. AN ORDINANCE accepting a bid for certain concession privileges to be exercised on City owned property upon certain terms and conditions; and authorizing the execution of the requisite concession agreement. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Gerald F. Tribbett trading as Tribbett's Portable Foods, which bid complies with all City specifications, for concession privileges at River's Edge Sports Complex, including Victory Stadium, ' Maher Field and South Roanoke Park, for a fee of $103.00 per month or 33.3 percent of gross receipts per month, whichever is greater, such bid and proposal having been opened and read before a Committee appointed for the purpose on May 1, 1991, and a copy of such bid now being on file in the Office of the City Clerk, is hereby ACCEPTED. 2. The City Manager is hereby authorized for and on behalf of the City to enter into and execute the requisite concession agreement with the aforesaid concessionaire, such agreement to be for a term of June 1, 1991, to May 31, 1992, with the option to renew for one addi- tional year and to have incorporated all the terms, provisions and conditions contained in the City's form of proposal advertised for bids and on which the aforesaid concessionaire's bid to the City was made, and the form of such agreement to be approved by the City Attorney. ATTEST: City Clerk. Roanoke, Virginia May 13, 1991 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Bids for Food and Beverage Concession Services at River's Edge Sports Complex Bid N,,mher 91-4-66 I concur with the Bid Committee's recommendation on Concession Services at the River's Edge Sports Complex. Respectfully submitted, W. Robert Herbert City Manager WRH:LBV:cvs cc: Mr. Gearld E. Tribbett, Tribett's Portable Foods City Manager City Attorney Director of Finance Director of Administration and Public Safety Manager, Management and Budget Manager, Recreation, Parks and Grounds Maintenance Chief, Billings and Collections Manager, General Services Recreation Superintendent Roanoke, Virginia May 13, 1991 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Bids for Food and Beverage Concession Services at River's Edge Sports Complex Bid Number 91--4--66. BACKGROUND: Contract Documents were developed for the purpose of securing bids from vendors interested in providing food and beverage concession services at the River's Edge Sports Complex (Maher Field, South Roanoke Park and Victory Stadium). Request for bids was publicly advertised on Sunday, April 21, 1991 in the Roanoke Times and World-News. Eighteen (18) known vendors were notified by mail. Seven (7) vendors requested and received complete Bid Documents. Ce Concession Contract would be in effect for a one (1) year term with an option to renew the Contract for one (1) additional year upon the same terms and conditions. Bidders were to indicate on the Proposal Form the monthly amount to be paid to the City in consideration of the right, privilege and obligation to provide food and beverage concession services at the River's Edge Sports Complex. The monthly payment would be the greater of either a lump sum amount or a percentage amount of gross receipts. Mayor and Members of Council May 13, 1991 Page 2 II. cu~u'~T SITUATION: One_~ bid was received and publicly opened at 2 p.m. on Wednesday, May 1, 1991 in the Office of General Services. Refer to attached Proposal Form. Bid Review Committe~ was composed of representatives of the following departments: Administration and Public Safety Recreation, Parks and Grounds Maintenance General Services III. A. Compliance of low bidder with Contract Documents. B. Nee~ for concession services at River's Edge Sports Complex. C. Amount of revenue to the City. IV. ALTERNATIVES: Acce t the bid submitted by Tribbett,s Portable Foods of Roanoke, Virginia and award a Contract to provide food and beverage concession services at the River's Edge Sports Complex for the amount to be paid to the City of either $103.00 per month or 33.3% of gross receipts per month, whichever is greater. ~ of low bidder with requirements of the Contract Documents was met. Need for food and beverage concession services at River's Edge Sports Complex, to adequately support the various events and activities, would be met. Amount of revenue to the City should increase. Previous concession Contract payments were the greater of either $101.00 per month or 31.25% of gross sales per month and the annual revenue averaged $5,500.00. Mayor and Members of May 13, 1991 Page 3 Council B. Re'ect the bid received and not award a Contract at this time. me ~ of low bidder with requirements of Contract Documents would not be an issue. Need for food and beverage concession services at River's Edge Sports Complex would not be met resulting in delays for providing adequate services due to rebidding process. Amount of revenue to the City would be unknown. Future bidding may reduce possible revenues. RECOMMENDATION- ae cit Council concur with Alternative "A" and accept the bid received. Award a Contract to Tribbett's Portable Food~ of Roanoke, Virginia to provide food and beverage concession services at the River's Edge Sports Complex for the amount to be paid to the City of either $103.00 per month or 33.3% of gross receipts per month, whichever is greater, for a one (1) year term beginning on June 1, 1991 and ending on May 31, 1992 with an option to renew the Contract for one (1) additional year upon the same terms and conditions. Respectfully submitted by Bid Review Committee, ~Snead, Director Administration and Public Safety Mayor and Members of Council May 13, 1991 Page 4 ~ Manager Recreation, Parks and Grounds Maintenance D. Darwin Roupe, Manager General Services GCS:LBV:cvs Attachment cc: Mr. Gerald E. Tribbett, Tribbett,s Portable Foods City Manager City Attorney Director of Finance Director of Administration and Public Safety Manager, Management and Budget Manager, Recreation, Parks and Grounds Maintenance Chief, Billings and Collections Manager, General Services Recreation Superintendent PROPOSAL FORM BID NUMBER 91-4-66 ~OOD AND BEVERAGE CONCESSION SERVICE RIVER'S EDGE SPORTS COMPLEX City of Roanoke, Virginia Office of General Services Municipal Building, Room 167 215 Church Avenue, S.W. Roanoke, Virginia 24011 Date: The undersigned hereby offers to enter into an Agreement with The City of Roanoke, Virginia to provide food and beverage concession services at the River,s Edge Sports Complex in accord- ance with the terms and conditions as set forth in the Food and Beverage Concession Service Agreement. The undersigned hereby a~gregs to pay monthly to the City the greater sum of eitherf-~b~ ~m~c~~~ ($J~)'.~.O0) Dollars per month, o~.~.'.~A ~ .... -:.~,.~ ~._. ~%_( . %) pe.rc.ent of all gr.oss.~.ecelp~ ~n.consldera.tlo~of ~he-rlg~ cPor~cVelsl~asnedr~cl~sg.atlon to provide the said food and beverage The undersigned hereby agrees to deposit with the City, in a form acceptable to the City, a Performance Bond in the amount of Six Thousand ($6,000.00) Dollars, at the time the Agreement is signed. The undersigned, by submitting this Proposal, acknowledges that the Agreement has been thoroughly examined by the Bidder; that the Bidder is knowledgeable of the terms and conditions; and that the Bidder is qualified and completely capable of providing the concession services required by the City. The undersigned hereby agrees, if this Proposal is accepted, to execute the A~reement within ten (10) consecutive days from the ~ate of award and to be prepared to provide concession services · mmediately upon receipt of written notice from the City. 1 of 2 Proposal Form The undersigned hereby acknowledges the receipt of the following addenda: Addendum Number Addendum Number Addendum Number Date Date Date WORK PHONE ~ 2 of 2 Proposal Form