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HomeMy WebLinkAboutCouncil Actions 04-13-92BOWl~FS (30952) REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL April 13, 1992 7:30 p.m. AGENDA FOR THE COUNCIL Call to Order Roll Call. All Present. The Invocation was delivered by The Reverend Chorles S. Heifer, Pastor, Waverly Place Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Noel C. Taylor. The Mayor presented a Key to the City to Mr. Kim, He Scong, a reporter with the NBC Studios in Wonju, Korem Introduction of Ms. Jnlia Slemp, Miss Roanoke Valley 1992. Mr. Samuel L. Lionberger, HI, Chairma% Miss Roanoke Valley Pageant. Special presentation to the Patrick Henry High School Basketball Team for winning the 1992 Sta_t¢ Group AAA Men's Basketball Championship. Adopted Resolution No. 30952-041392. (7-0) Selection of persons to be accorded the public interview for the position of School Board Trustee, said interviews to be held on Tuesday, April 21, 1992, at 6:30 p.m., in the City Counc'fl Chamber. The following persons were selected to be interviewed: The Reverend C. Nelson Harris Thomss L. Orr Melinda 1. Payne Clubert G. Poff /ames W. Stephens Ruth C. Willson BID OPENINGS Bids for asphalt concrete overlays and pavement profiling of various sweets within the City of Roanoke. Four bids were referred to a commiaec composed of Messrs. William White, Sr., Chairperson, Wrdliam F. Clark and Kit B. Kiser. PUBLIC HEARINGS Public hearing on the request of Mr. and Mrs. Kenneth W. Mitchell and Ms. Peggy S. Campbell that a portion of Barnett Road, N. W., beginning at Youngwood Drive, N. W., between 5102 and 5098 Youngwood Drive, described as Official Tax Nos. 6131907 and 6132001, be permanently vacated, discontinued and closed. Mr. and Mrs. Kenneth W. Mitchell and Ms. Peggy S. Campbell, Spokespersons. Adopted Ordinance No. 30953 on first ~dlng. (7-0) Public hearing on the request of the Trustees of Jerusalem Baptist Church that a tract of land located at 1014 Norfolk Avenue, S. W., described as Lots 1 - 5, inclusive, Section 18, Map of Webb Addition, and Lots 1 and 2, Section 17, Map of Webb Addition, Official Tax Nos. 1110801 - 1110804, inclusive, and 1110810, be rezoned from LM, Light Manufacturing District, to RM-2, Residential Multi-Family, Medium Density District, subject to certain conditions proffered by the petitioner. The Reverend J. Eugene Young, Pastor, Spokesperson. Adopted Ordinance No. 30954 on first reading. (7-0) Public hearing on a proposal to establish a Williamson Road Service District in the City of Roanoke, pursuant to Section 15.1-18.3, Code of Virginia (1950), as amended. Mr. Wilburn C. Dibling, Jr., City Attorney. Council concurred in the concept of a Special Service District for the Williamson Road area, and referred the rna-~ to the City Manager and the City Attorney to work with the William.~on Road Area Business Association to negotiate a contract to be approved by Council and to be entetr, d into by the City of Roanoke and the William.qon Road Area Business Association setting forth the te~ms and conditions of the Special Service District. J CONSENT AGENDA (APPROVF. D 6-0, Vice-Mayor Musser was out of the Council Chamber.) ALL MATFF_,RS LIST~.D UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WIIJ. BE ENAC'TF.I~ BY ONE MOTION IN THE FORM LISTi:;.D BEI.OW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE II'EMS. IF DISCUSSION IS DESIRED, THAT ITEM WII.I. BE RF. MOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATEI.y. C-1 Minutes of the regular meetings of Council held on Monday, February 3, 1992; Monday, February 10, 1992; Tuesday, February 18, 1992; and Monday, February 24, 1992. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. 3 C-2 C-3 A communication from Mayor Noel C. Taylor requesting an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. A communication from Mayor Noel C. Taylor requesting an Executive Session to discuss specific legal matters requiting the provision of legal advice by counsel, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, specifically being the terms and conditions of various agreements and related legal documents, and to discuss personnel matters relating to appointments to a commission appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, all in connection with the Hotel Roanoke Conference Center Commission. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel, pursuant to Section 2.1- 344 (A)(7), Code of Virginia (1950), as amended, specifically being the terms and conditions of various agreements and related legal documents, and to discuss personnel matters relating to appointments to a commission appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, all in connection with the Hotel Roanoke Conference Center Commission. C-4 C-5 A communication from Mr. Alton B. Prillaman, Secretary, Electoral Board, requesting that Council schedule a public hearing for Monday, May 11, 1992, on the permanent relocation of the polling place for the Tinker Precinct, and the temporary relocation of the polling place for the Raleigh Court No. 1 Precinct. RECOMMENDED ACTION: Concur in request and schedule a public hearing for Monday, May 11, 1992, at 7:30 p.m., or as soon thereafter as the matter may be heard. A communication from the City Treasurer, requesting concurrence in a transfer of funds totalling $43,000.00 from Unused Salaries to Office Expense in the Treasurer's fiscal year 1991-92 budget, as approved by the State Compensation Board on March 31, 1992. RECOMMENDED ACTION: Concur in request. ..REGULAR AGENDA HEARING OF CITIZF~NS UPON PUBLIC MATTERS: None. 4. PETITIONS AND COMMUNICATIONS: None. 5. REPORTS OF OFFICERS: a+ CITY MANAGER: BRIEFINGS: None. bo ITEMS RECOMMENDED FOR ACTION: A report recommending authorization to execute contracts with Habitat for Humanity in the Roanoke Valley providing for reimbursement of certain costs under the Vacant Lot Homesteading Program, as extended and specified in individual contracts for building and selling five houses; and reimbursement to Habitat for Humanity in the Roanoke Valley for such costs upon completion and occupancy of each house. Adopted Resolution No. 30955-041392. (6-0, Council Member Bowers abstained fi'om voting.) A report recommending appropriation of $79,612.00 in order to provide for the procurement of Capital Maintenance and Equipment Replacement items for various City departments. Adopted Budget Ordinance No. 30956-041392. (5-0, Vice- Mayor Musser and Council Member Bowe~s wexe out of the Council Chamber.) A report recommending acceptance of bids submitted for certain construction equipment, in order to replace certain existing equipment; and appropriation of funds therefor. Adopted Budget Ordinnnce No. 30957-=041392 and Resolution No. 30958--041392. (7-0) DIRECTOR OF FINANCE: A report transmitting a Summary of Bingo Financial Reports for the fiscal year ended September 30, 1991. Received and filed. 6 A report recommending adoption of a measure amending the City Code in order to effect certain changes to the prepared food and beverage tax ordinance. Adopted Ordinance No. 30959-041392. (7-0) 6. REPORTS OF COMMITYEES: A report of the Roanoke Valley Regional Cable Television Committee with regard to a change in four cable television injection points in the current franchise agreement, and expenditure of funds from the capital equipment grant from Cox Cable Roanoke, as required in the franchise agreement, for purchase of two character generators for improved communication with citizens. Vice-Mayor Howard E. Musser, Chairperson. Adopted Ordinance No. 30960 on first reading. (7-0) 7. UNFINISHED BUSINESS: at A report of the City Manager recommending acceptance of the lowest responsible bids submitted for providing trucks and related equipment for use by various Public Works, Grounds Maintenance and Utility Line Services departments; and transfer and appropriation of funds therefor. Adopted Budget Ordinance No. 30961-041392 and Resolution No. 30962-041392. (6-0, Council Member Bowers abstained from voting.) 7 8. INTRODUCTION AND CONSIDERATION ORDINANCES AND RESOLUTIONS: OF ao Ordinance No. 30929, on second reading, authorizing extension of the lease agreement between the City and Orris Roanoke, Inc., for premises located in the Market Square Parking Garage building, upon certain terms and conditions. Adopted Ordinance No. 30929-041392. (7-0) Ordinance No. 30944, on second reading, granting a license agreement for automobile racing at Victory Stadium, upon certain terms and conditions. Adopted On:linance No. 30944-041392. (7--0) Ordinance No. 30949, on second reading, authorizing dedication of a certain 15 foot by 25 foot public utility easement on the west side of Brambleton Avenue, S. W., to C & P Telephone Company, upon certain terms and conditions. Adopted Ofdlnnn~e No. 30949-041392. (7-0) 9. MOTIONS AND MISCFIJJANEOUS BUSINESS: Inquiries and/or comments by the Mayor and Members of City Council. Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTHER HF. ARINGS OF CITI~F~NS: Ms. Mary C. Terry, 3401 Pittsfield Avenue, N. W., Ms. Carolyn FerneH, 1210 Lafayette Blvd., N. W., Ms. Mary Simpson, 1433 Lafayette Blvd., N. W., Mr. Lee Graves, Jr., 1430 LafayeUe Blvd., N. W., and Mr. Calvin E. Webb, 1421 Lafayette Blvd., N. W., addressed Council with regard to neighborhood concerns; viz: crack houses - sale and use of drugs, deteriorating properties used for drug uansactions, negative image of the community due to news media report, locks on doors, people of all ages congregating in the neighborhood, many of whom do not live in the area, vehicles exceeding the speed limit, littering, gunfire, and drinking in public. On behalf of Concerned Citizens of Roanoke, MS. Terry requested that the same type of signs which were installed on llth Slreet, N. W., be placed on Lafayette Blvd.; that the COPE Program be established in the Lafayette Blvd. u.t.t.t.t~ po.lice officers .not only patrol the area, but set up a walking beat gnout the commumty; that radar be set up with more frequency on yette Blvd.; and that sidewalk, storm drains, gutter and water problem.~ bc corrected. ' CERTIFICATION OF EXECU'HVE SESSION. (7--0) Appointed the following persons: F. lizabeth S. Doughty - Economic Development Commi.~sion Adopted a motion to waive the City residency requirement relative to Ms. Doughty's appointment Carolyn Hayes-Coles - City Planning Commi.~ion Adopted Resolution No. 30963--041392 creating the Hotel Roanoke Conference Center Commi.~sion and authorizing execution of a contract between the City of Roanoke, Virginia Polytechnic In.~titute and State University and the Commission. (7-0) Adopted Resolution No. 30964-041392 appointing Commi.~sioners to the Hotel Roanoke Conference Center Commission. (7-0) l0 the school administration, the City School Division and the City of Roanoke; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Coach "Woody" Deans and the Patrick Henry Patriots Basketball Team are hereby commended for their outstanding achievement in winning the 1992 State Group AAA Men's Basketball Championship. 2. The City Council extends congratulations to the players, Coach Deans, his coaching staff, trainers, managers, cheerleaders, School Principal, Dr. Elizabeth D. Lee, and to the administrative staff of Patrick Henry High School for keeping the tradition of excellence alive. 3. The City Clerk is directed to provide attested copies of this resolution to Coach Deans and his players and Dr. Lee as a token of appreciation from this Council and in testament to the skills and talents possessed by these young men. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, The 13th day of April, 1992. No. 30952-041392. VIRGINIA, A RESOLUTION commending the Patrick Henry Nigh School Basketball Team for winning the 1992 State Group AAA Men's Basketball Championship. WHEREAS, Patrick Henry High School continues to uphold a tradition of excellence; WHEREAS, in keeping with this tradition of excellence, the Patrick Henry High School Basketball Team has won the 1992 State Group AAA Men's Basketball Championship; WHEREAS, on Saturday, March 21, 1992, the Patrick Henry Patriots defeated a highly-touted Booker T. Washington team by a score of 79-71 in the championship game played at University Hall at the University of Virginia in Charlottesville; WHEREAS, after falling behind by 6 points at half-time, the Patriots surged and built a 6-point lead by the end of the third period, and,~lthough 9 key~.player fouled out in the fourth period, the inspired team play of the Patriots brought victory; WHEREAS, under the excellent leadership of Coach Linwood H. "Woody" Deans, the Patriots finished their season with a record of 27-1; and WHEREAS, in winning the State championship, the Patriots played with great teamwork, confidence, discipline and intelligence which ~eflects great credit on the players, Coach Deans, his staff, Office of the City C{erk April 1§, 1992 File #467 Mr. Clubert G. Poff 2028 Mt. Vernon Road, S. W. Roanoke, Virginia 2401§ Dear Mr. Poff: At the regular meeting of the Council of the City of Roanoke held on Monday, April 13, 1992, you were selected by the Council to be accorded the formal interview for the position of School Board T~ustee. Your interview will be held on Tuesday, April 21, 1992, at 9:15 p.m., in the City Council Chamber, fourth floor of the Municipal Building. You will be given the opportunity to make an opening statement of not more than five minutes, thereafter, Council may ask such questions as the Council, in its discretion, deems advisable. Upon your arrival, please be seated in the Council's Conference Room which is located adjacent to the Council Chamber, and I will advise you when the Members of Council are ready to proceed with your interview. If I may provide additional information or be of assistance in any way, please do not hesitate to call me at 981-2541. Sincerely, PO.~..~,.~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk April 15, 1992 File #467 The Reverend C. Nelson Harris 1909 Langdon Road, S. W. Roanoke, Virginia 24015 Dear Reverend Harms: At the regular meeting of the Council of the City of Roanoke held on Monday, April 13, 1992, you were selected by the Council to be accorded the formal interview for the position of School Board Trustee. Your interview will be held on Tuesday, April 21, 1992, at 6:30 p.m., in the City Council Chamber, fourth floor of the Municipal Building. You will be given the opportunity to make an opening statement of not more than five minutes, thereafter, Council may ask such questions as the Council, in its discretion, deems advisable. Upon your arrival, please be seated in the Council's Conference Room which is located adjacent to the Council Chamber, and I will advise you when the Members of Council are ready to proceed with your interview. If I may provide additional information or be of assistance in any way, Please do not hesitate to call me at 981-2541. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP:sw Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk April 15, 1992 File #467 Ms. Ruth C. Wiilson 3701 Heritage Road, S. W. Roanoke, Virginia 24015 Dear Ms. Willson: At the regular meeting of the Council of the City of Roanoke held on Monday, April 13, 1992, you were selected by the Council to be accorded the formal interview for the position of School Board Trustee. Your interview will be held on Tuesday, April 21, 1992, at 7:30 p.m., in the City Council Chamber, fourth floor of the Municipal Building. You will be given the opportunity to make an opening statement of not more than five minutes, thereafter, Council may ask such questions as the Council, in its discretion, deems advisable. Upon your arrival, please be seated in the Council's Conference Room which is located adjacent to the Council Chamber, and I will advise you when the Members of Council are ready to proceed with your interview. If I may provide additional information or be of assistance in any way, please do not hesitate to call me at 981-2541. Sincerely, f~.~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk April 15, 1992 File #467 Ms. Melinda J. Payne Recruiting/Training Manager Roanoke Times & World-News P. O. Box 2491 Roanoke, Virginia 24010 Dear Ms. Payne: At the regular meeting of the Council of the City of Roanoke held on Monday, April 13, 1992, you were selected by the Council to be accorded the formal interview for the position of School Board Trustee. Your interview will be held on Tuesday, April 21, 1992, at 8:15 p.m., in the City Council Chamber, fourth floor of the Municipal Building. You will be given the opportunity to make an opening statement of not more than five minutes, thereafter, Council may ask such questions as the Council, in its discretion, deems advisable. Upon your arrival, please be seated in the Council's Conference Room which is located adjacent to the Council Chamber, and I will advise you when the Members of Council are ready to proceed with your interview. If I may provide additional information or be of assistance in any way, please do not hesitate to call me at 981-2541. Sincerely, ~g~],~(_~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk April 15, 1992 File #467 Mr. James W. Stephens 2130 Deyerle Road, S. W. Roanoke, Virginia 24018 Dear Mr. Stephens: At the regular meeting of the Council of the City of Roanoke held on Monday, April 13, 1992, you were selected by the Council to be accorded the formal interview for the position of School Board Trustee. Your interview will be held on Tuesday, April 21, 1992, at 8:45 p.m., in the City Council Chamber, fourth floor of the Municipal Building. You will be given the opportunity to make an opening statement of not more than five minutes, thereafter, Council may ask such questions as the Council, in its discretion, deems advisable. Upon your arrival, please be seated in the Council's Conference Room which is located adjacent to the Council Chamber, and I will advise you when the Members of Council are ready to proceed with your interview. If I may provide additional information or be of assistance in any way, please do not hesitate to call me at 981-2541. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk April 20, 1992 Mr. Larry L. Lilley, III 2420 Cannaday Road, N. E. Roanoke, Virginia 24012 Dear Mr. Lilley: At the regular meeting of the Council of the City of Roanoke held on Monday, April 13, 1992, and pursuant to Ordinance No. 24409, Council selected six persons to be accorded the formal interview for the position of Roanoke City School Board Trustee. The following persons were selected: The Reverend C. Nelson Harris Mr. Thomas L. Orr Ms. Melinda J. Payne Mr. James W. Stephens Mr. Clubert G. Poff Ms. Ruth C. Willson On behalf of the Mayor and Members of the Roanoke City Council, I would like to express sincere appreciation for your interest in serving the City of Roanoke and the Roanoke City school system. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk April 15, 1992 File #467 Mr. Thomas L. Orr 4749 Arnold Drive, N. E. Roanoke, Virginia 24019 Dear Mr. Orr: At the regular meeting of the Council of the City of Roanoke held on Monday, April 13, 1992, you were selected by the Council to be accorded the formal interview for the position of School Board Trustee. Your interview will be held on Tuesday, April 21, 1992, at 7:00 p.m., in the City Council Chamber, fourth floor of the Municipal Building. You will be given the opportunity to make an opening statement of not more than five minutes, thereafter, Council may ask such questions as the Council, in its discretion, deems advisable. Upon your arrival, please be seated in the Council's Conference Room which is located adjacent to the Council Chamber, and I will advise you when the Members of Council are ready to proceed with your interview. If I may provide additional information or be of assistance in any way, please do not hesitate to call me at 981-2541. Sincerely, ~0.~._ Mary F. Parker, CMC/AAE City Clerk MFP: sw Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk April 20, 1992 Ms. Norma R. Smith 11 - 14th Street, S. W. Roanoke, Virginia 24016 Dear Ms. Smith: At the regular meeting of the Council of the City of Roanoke held on Monday, April 13, 1992, and pursuant to Ordinance No. 24409, Council selected six persons to be accorded the formal interview for the position of Roanoke City School Board Trustee. The following persons were selected: The Reverend C. Nelson Harris Mr. Thomas L. Orr Ms. Melinda J. Payne Mr. James W. Stephens Mr. Clubert G. Poff Ms. Ruth C. Willson On behalf of the Mayor and Members of the Roanoke City Council, I would like to express sincere appreciation for your interest in serving the City of Roanoke and the Roanoke City school system. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk April 20, 1992 Mr. Edward J. Lyons 1005 2nd Street, S. W. Roanoke, Virginia 24016 Dear Mr. Lyons: At the regular meeting of the Council of the City of Roanoke held on Monday, April 13, 1992, and pursuant to Ordinance No. 24409, Council selected six persons to be accorded the formal interview for the position of Roanoke City School Board Trustee. The following persons were selected: The Reverend C. Nelson Harris Mr. Thomas L. Orr Ms. Melinda J. Payne Mr. James W. Stephens Mr. Clubert G. Poff Ms. Ruth C. Willson On behalf of the Mayor and Members of the Roanoke City Council, I would like to express sincere appreciation for your interest in serving the City of Roanoke and the Roanoke City school system. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk April 20, 1992 Mr. H. Joel Kelly 740 - 13th Street, S. W. Apartment 15 Roanoke, Virginia 24016 Dear Mr. Kelly: At the regular meeting of the Council of the City of Roanoke held on Monday, April 13, 1992, and pursuant to Ordinance No. 24409, Council selected six persons to be accorded the formal interview for the position of Roanoke City School Board Trustee. The following persons were selected: The Reverend C. Nelson Harris Mr. Thomas L. Orr Ms. Melinda J. Payne Mr. James W. Stephens Mr. Clubert G. Poff Ms. Ruth C. Willson Sincerely, On behalf of the Mayor and Members of the Roanoke City Council, I would like to express sincere appreciation for your interest in serving the City of Roanoke and the Roanoke City school system. Mary F. Parker, CMC/AAE City Clerk MFP: sw Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk April 20, 1992 Mr. Alan Dale Hendrick 3331 Clara Road, S. W. Roanoke, Virginia 24018 Dear Mr. Hendrick: At the regular meeting of the Council of the City of Roanoke held on Monday, April 13, 1992, and pursuant to Ordinance No. 24409, Council selected six persons to be accorded the formal interview for the position of Roanoke City School Board Trustee. The following persons were selected: The Reverend C. Nelson Harris Mr. Thomas L. Orr Ms. Melinda J. Payne Mr. James W. Stephens Mr. Clubert G. Poff Ms. Ruth C. Willson On behalf of the Mayor and Members of the Roanoke City Council, I wouid like to express sincere appreciation for your interest in serving the City of Roanoke and the Roanoke City school system. Sincerely, ~_~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Room 456 Municipal Building 215 Church Avenue, S,W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk April 17, 1992 File #514 Mr. William White, Sr., Chairperson ) Mr. William F. Clark ) Committee Mr. Kit B. Kiser ) Gentlemen: The following bids for asphalt concrete overlays and pavement profiling of various streets within the City of Roanoke were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, April 13, 1992: BIDDER BASE BID ALTERNATE I Virginia Asphalt Paving Co., Inc. S. R. Draper Paving, Co., Inc. Adams Construction Co. L. H. Sawyer Paving Co., Inc. $758,236.15 781,446.85 789,504.00 918,860.85 $46,000.00 46,000.00 46,000.00 51,750.00 On motion, duly seconded and adopted, the bids were referred to you for tabulation, report and recommendation to Council. Sincerely Mary F. Parker, CMC/AAE City Clerk MFP: sw pc: Mr. Wilburn C. Dibling, Jr., City Attorney Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk April 17, 1992 File #79 Mr. W. Robert Herbert City Manager Roanoke, Virginia Mr. Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia Gentlemen: A public hearing on a proposal to establish a Williamson Road Service District in the City of Roanoke, pursuant to Section 15.1-18.3, Code of Virginia (1950), as amended, was held by the Council of the City of Roanoke at a regular meeting on Monday, April 13, 1992. On motion, duly seconded and unanimously adopted, Council concurred in the concept of a Special Service District for the WilHamson Road area, and referred the matter to you for the purpose of working with the Williamson Road Area Business Association to negotiate a contract to be approved by Council and to be entered into by the City of Roanoke and the Williamson Road Area Business Association setting forth the terms and conditions of the Special Service District. Sincerely, p~)~.~.~__ Mary F. Parker, CMC/AAE City Clerk MFP: sw pc: Mr. Ted H. Key, Executive Director, Williamson Road Area Business Association, Inc., P. O. Box 5892, Roanoke, Virginia 24012 Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 ROANOKE TI~ES & ~ORLD-~E~S AD NUMBER 4010~58S PUBLISHER'S FEE - ~gZoO0 CITY OF ROANOKE C/O MARY F PARKER CITY CLERKS OFFICE ROOM 456 MUNICIPAL BLOG ROANOKE VA 2~011 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION I, (THE UNDERSIGNED) AN AUTHORIZED REPRESENTATIVE OF THE TIMES-WORLD COR- PORATION~ WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES & WORLD-NEWS, A DAILY NEWSPAPER PUBLISHED IN ROANOKE, IN THE STATE OF VIRGINIA, DO CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 04/0B/92 MORNING DAY OF APRIL 1992 AUTHOR IZED SIGNATURE NOTICE OF PUBLIC HEARING Pursuant to S58.1-3007, Code of Virginia (1950), as amended, notice is given of a proposal to establish a Williamson Road Service District in the City of Roanoke, pursuant to S15.1-18.3, Code of Virginia (1950), as amended. As proposed, the Williamson Road Service District would require the levy and collection of an additional real property tax on real property in the Williamson Road area of the City in the amount of ten cents ($.10) per one hundred dollars ($100.00) of assessed valuation. Proceeds from such annual tax would be segregated and expended in said Williamson Road Service District for additional governmental services. The boundaries of the proposed Williamson Road Service District and a description of the individual properties proposed to be included in such District are as set forth on a map dated April 1, 1992, entitled "Williamson Road Service District, Roanoke, Virginia" on file and available for public inspection in the Office of the City Clerk, Room 456, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. A PUBLIC HEARING will be held before the Council of the City of Roanoke on Monday, April 13, 1992, at 7:30 p.m., in the City Council Chambers, 4th Floor, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, at which time citizens of the locality shall be given an opportunity to appear before and be heard by City Council on the subject of establishment of a Williamson Road Service District and the proposed tax increase with respect to real property located within such District. GIVEN under my hand this 1st day of April , ~ ~'M F. Parker, City Clerk 1992. Publish in full once on Friday, April 3, 1992, in the Roanoke Times-World News. Please mail bill and affidavit of publication to Mary F. Parker, City Clerk, 456 Municipal Building, Roanoke, Virginia 24011. CITY ~" - ' i:~ 5L Williamson Road Area Business Aflse oia ieo lnc. WRABA ~. ~ ~ · .o..o~, v,~o,.~. 2~2 · (~) ~.~ March 5, 1992 Mary Parker City Clerk City of Roanoke, 215 Church Avmmue, SW, RM~56 Roanoke, VA. 2~011 Dear O~r Association wo~uld like to make our initial Special Service District presentation to City Council on March 16th . O~r second request to appear before Council on April 13th is for the formal presentation of our ' package ' of facts and information as regards the creation of the Special Service District between WRABA and the City of Roanoke. Thank you for putting us on the above agenda (s) ..... Sincere~ Ted H. Key Executive Director DESCRIPTION OF PROPOSED WILLIAMSON ROAD SERVICE DISTRICT Prepared by Office of City Engineer April 1, 1992 East side of Williamson Road: from north right of way of Orange Avenue, north to the intersection of Hildebrand Road. Beginning in the center of Williamson Road at the intersection of the north right of way of Orange Avenue; thence easterly along the north right of way of Orange Avenue to the easterly property line of Tax No. 3020204; thence with the east property line of Tax No. 3020204 and Tax No. 3020209, 192.12 feet; thence, with the north line of Tax No. 3020209, 142.20 feet to the east right of way of Williamson Road; thence with the east right of way of Wllliamson Road in a northerly direction 26.34 feet; thence with the south line of Lots 6 and 7, Block "T", Williamson Groves Map, 162.18 feet; thence with the rear of Lots 7, 8, 9, and 10, Block "T", Wllliamson Groves Map to the center of Pocahontas Avenue; thence easterly with Pocahontas Avenue to the easterly line of Lot 6, Block "U", Williamson Groves Map; thence with the easterly line of Lot 6, 74.56 feet; thence with the rear of Lots 5 and 6 in a westerly direction 80.00 feet to a point; thence with the easterly property line of Tax No. 3070807, 221.56 feet to the center of Compton Street; thence with the center of Compton Street in a westerly direction approximately 100.5 feet; thence leaving Compton Street and in a northerly direction with the east property line of Tax No. 3070701 and 3070702 to a point on the south line of Lot 9, Block 1, Map of Oakland; thence with the south line of Lot 9, in a westerly direction 25.0 feet to the corner of Lot 9 and Lot l-A; thence in a northerly direction along the easterly line of Lots 2A, 3, 4, 5, and 6, Block 1, Map of Oakland to the center of Wayne Street; thence with the center of Wayne Street in a northerly direction approximately 400.0 feet to the division line of between Lots 13 and 14, Block 2, Map of Oakland extended; thence leaving Wayne Street, and with the line between Lots 13 and 14, 251.56 feet to a point on the easterly line of Lot 4, Bloc 2, Map of Oakland; thence with the easterly or rear lot line of Lots 4, 5, 6A, 7, 8, and 9, Block 2, Map of Oakland in a northerly direction, crossing Thurston Avenue and continuing with the rear lot lines of Lot 1, 2, 3, 4, 5, and 6, Block 3, Map of Oakland, to a point on the northwest corner of Lot 13; thence with the line between Lot 15 and 16, in an easterly direction to the center of Wayne Street; thence northerly with the center of Wayne Street approximately 175.0 to its intersection with Noble Avenue; thence westerly with Noble Avenue approximately 225.0 feet; thence in a northerly 1 direction with the rear lot lines of Lots 1, 2, 3, 4, 5, 6, and 7, Block 4, Oakland Corporation Map to the center of Forest Hill Avenue; thence with the center of Forest Rill Avenue approximately 75.0 feet; thence leaving Forest Hill Avenue in a northerly direction and with the rear of Tax No. 3091003 and Lots 1, 2, and 3, of the Oyler Map to the center of Laconia Avenue; thence leaving Laconia Avenue northerly with the rear of Lots 1, 2, 3, 4, and 5, Block 1, Map of Avendale, to the center of Avendale Avenue; thence leaving Avendale Avenue in a northerly direction with the rear of Lots 1, 2, 3, 4, and 5, Block 2, Map of Avendale to the center of Courtney Avenue; thence, leaving Courtney Avenue in a northerly direction with the center of an alley and the rear of Lots 1 thru 11, map of Courtney Square, to the center of Liberty Road; thence with the center of Liberty Road easterly to the intersection of Edison Street; thence northerly with the center of Edison Street approximately 170.0 feet to the southerly line of Lot 6-D, Block 1, Liberty Land Company Map, extended; thence with the southerly line of said Lot 6-D to its rear terminus at the southeast corner of Lot 6-F; thence with the rear property line of Lots 6-F and 6-E to the northwest corner of Lot 6-A; thence with the northerly line of Lot 6-A, easterly to the center of Edison Street; thence northerly with Edison Street 300.0 feet; thence leaving Edison Street, and in a westerly direction with the southerly line of Tax No. 3100935; thence northerly with the rear of Tax No. 3100235, 3100028 and 3100927, to a point on the southerly boundary line of Tax No. 3100920; thence with the southerly boundary line of Tax No. 3100920 easterly to the center of Edison Street; thence northerly with Edison Street approximately 330.0 feet to the southerly boundary line of Lot i-D, of the Newman Map extended; thence leaving Edison Street and with the southerly line of Lots 1-D and 1-C, of the Newman Map; thence northerly with the rear line of Lots 1-A and l-B, of the Newman Map to the center of Fugate Road; thence easterly with Fugate Road approximately 70.0 feet to the westerly line of Tax No. 3101008 extended; thence leaving Fugate Road and with the westerly line of Tax No. 3101008; thence along the rear line of Tax No. 3101008 easterly 100.0 feet to a point on the westerly line of Lot 3, Bloc 3, Liberty Land Company; thence with the westerly line of Lot 3 northerly 235.01 feet to the northwest corner of Lot 3, said corner being situate on the southerly lot line of Lot 4, Block 1, map of Upson Addition; thence with the southerly line of Lot 4 to the corner between Lot 2 and Lot 3; thence northerly with the line between Lot 2 and Lot 3 to the center of Wildhurst Avenue; thence crossing Lee Avenue to a point on the southwest corner of Tax No. 3160149; thence along the westerly side and northerly lot line of Tax No. 3160149 to a point on the west line of Lot 3, Block 4, map of Upson Addition; thence northerly with the west line of Lot 3, 180.0 feet to a point on the south line of Oakland Elementary School; thence with the southern line of Oakland Elementary School in a westerly direction to the east right of way line of Wllliamson Road; thence northerly with the 2 easterly right of way line of Wllliamson Road to the center of Huntington Boulevard; thence easterly with Huntington Boulevard approximately 200.00 feet; thence leaving Huntington Boulevard and in a northerly direction with the rear lot line of Lots 6, 5, 4, and 3, Block 1, map of Huntington Court, to a 9oint, said point being the common corner of Lots 2, 3, and 8; thence with the southerly line of a portion of Lot 8, 115.00 feet to a point; thence with the easterly line of the rear portion of Lots 7 and 8 to the center of Oakland Boulevard; thence westerly with Oakland Boulevard approximately 150.00 feet~ thence leaving Oakland Boulevard and with the easterly line of Lots i thru 7, Block 1, Map of William Fleming Court to the common corner of Lots 7, 8, and 14; thence easterly with the southerly line of Lots 14 thru 22 to a common corner between Lots 22 and 23; thence with the line between Lots 22 and 23 northerly to the center of Pioneer Road; thence westerly with Pioneer Road approximately 225.0 feet; thence leaving Pioneer Road and with the easterly line of Lots 1 thru 12, block 2, map of William Fleming Court, to the center of Crockett Avenue~ thence leaving Crockett Avenue and northerly with the easterly line of Lots 1 thru 6, Block 3, map of William Fleming court to a common corner between Lots 6, 7, and 13; thence easterly with the southern line of Lots 13, 14, and 15 to a common corner between Lots 15 and 16~ thence with the line between lots 15 and 16 northerly to the center of Angell Avenue; thence easterly with Angell Avenue approximately 225.0 feet; thence leaving Angell Avenue and with the easterly line of Lot 23 A and 22 B, Block 4, map of William Fleming Court, to the center of Wentworth Avenue; thence leaving Wentworth Avenue northerly with the easterly line of Lot 23 A and 22 B, Block 5, map of William Fleming Court to the center of Fleming Avenue; thence, westerly with Fleming Avenue approximately 425.0 feet to the east right of way line of Williamson Road; thence with the east right of way line of Wllllamson Road, north to the intersection of Trinkle Avenue~ thence, easterly with Trinkle Avenue approximately 430.0 feet; thence leaving Trinkle Avenue and with the easterly line of Lots 24 and 25, block 8, map of William Fleming Court; thence crossing the end of Christian Avenue and with the easterly line of Lots 24 and 25, Block 9, map of William Fleming Court to the center of Preston Avenue; thence leaving Preston Avenue northerly with the easterly line of Lots 24 and 25, Block 10, map of William Fleming Court; thence crossing the end of Barkley Avenue and with the easterly line of Lots 27 and 28, Block 11, map of William Fleming Court to the center of Frontier Road~ thence, westerly with Frontier Road approximately 300.0 feet; thence northerly with the easterly line of Lots i and 2, block 2, map of Yardley Square to the center of Yardley Drive; thence leaving Yardley Drive northerly with the easterly line of Lots I and 2, Block 2, map of Yardley Square, and with the easterly line of Lot 4, map of Mountain Scenery, to the center of Maplelawn Avenue; thence leaving Maplelawn Avenue, northerly with the easterly line of Lot 34, map of Mountain Scenery, and with the westerly line of Lot 1, map of Moomaw Lands 3 to the center of Oaklawn Avenue; thence westerly with Oaklawn Avenue approximately 150.0 feet, thence leaving Oaklawn Avenue northerly with the easterly line of Lots i and 2, Block i, Pace Map, to the common corner of Lots 2, 3, and 5; thence easterly with the southern line of Lot 5, 50.0 feet, a common corner to Lots 12 and 13; thence with a line northerly through Lot 5 to the center of Blrchlawn Avenue; thence easterly with Birchlawn Avenue to the intersection of Lanford Street; thence northerly with the center of Lanford Street to a point on its terminus on the property line between Tax No. 2170143 and 2170139; thence with the westerly line of Tax No. 2170139 northerly 221.24 feet to a point at the southwest corner of Tax No. 2170142; thence with the southerly property line of Tax No. 2170142 and 2170102, 177.40 feet to a point, said corner being the southeast corner of Tax No. 2170102; thence with the easterly line of Tax No. 2170102 northerly to the center of Hershberger Road; thence westerly with Hershberger Road approximately 390.00 feet; thence northerly with the lot line between Lots 18 and 19, Block 2, map of Airlee Court, to a point on the southerly line of Lot 6, Block 2, map of Airlee Court; thence, with the southerly line of Lot 6, westerly 47.0 feet to the southwest corner of Lot 6; thence, with the westerly line of Lot 6, northerly to the center of Curtis Avenue; thence easterly with Curtis Avenue approximately 130.0 feet; thence leaving Curtis Avenue,northerly with the easterly line of Lots 1, 2, 3, 4, 5, 7, and 8 to the center of Woodbur~ Street; thence with the center of Woodbury Street to the intersection of Whitney Avenue; thence easterly with the center of Whitney Avenue 150.0 feet; thence leaving Whitney Avenue, northerly with the line between lots 16 and 17, block 8, map of Alrlee Court; thence with the southerly line of Lots 3 thru 11, block 8, map of Alrlee Court to a point in the center of a 20 foot wide alley; thence with the center of the 20 foot wide alley to the center of Hldebrand Road; thence with the center of Hildebrand Road to the center of Williamson road; thence with the center of Williamson Road in a southern direction approximately 8,600 feet to the place of beginning and shall include the following tax parcels: 4 2200241 2200210 2200219 2200227 2200242 2200236 2200211 2190923 2190901 2190903 2190701 2190702 21907O3 2190704 2190707 2190708 2190601 2190602 2190603 2190604 2190605 2190609 2190611 2170501 2170422 2170401 2170402 2170319 2170301 2170203 2170201 2170128 2170138 2170143 2170137 2170142 2170102 2100101 2100112 2100111 2100110 2100109 2100108 2100107 2100106 2100105 2100104 2100201 2100214 2100212 2100211 2100210 2100209 2100215 2100206 2100217 2100216 2100213 2100203 2100204 2100205 2100301 2100309 2100304 2100401 2100413 2100412 2100411 2100410 2100409 2100408 2100407 2100403 2100414 2090101 2090102 2090105 2090109 2090201 2090202 2090203 2090204 2090205 2090206 2090301 2090302 2090304 2090305 2090307 2090328 2090401 2090403 2090404 2090405 2090406 2090407 2090408 2090409 2090410 2090411 2090426 2090412 2090413 2090501 2090502 2090503 2090505 2090506 2090507 2090508 2090514 2090509 2090510 2090511 2090515 2090513 3170101 3170102 3170103 3170104 3170105 3170106 3170108 3170109 5 3160102 3160202 3160203 3160204 3160205 3160206 3160127 3160128 3100901 3100902 3100903 3100937 3100906 3100911 3100938 3100917 3100918 3100932 3100919 3100920 3100936 3100933 3100921 3100922 3100923 3100924 3101006 3101007 3101005 3101004 3101001 3101027 3101028 3091001 3091003 3090901 3090902 3090903 3090601 3090602 3090603 3090301 3081001 3081002 3081003 3081004 3081005 3081007 3110101 3110103 3110104 3110105 3110106 3110107 3110108 3110110 3110123 3110111 3110113 3110114 3110201 3110203 3110206 3110209 3110219 3110217 3070904 3070906 3070908 3070801 3070802 3070807 3070808 3070701 3070702 3070703 3070704 3070705 3070706 3070707 3020202 3020204 3020205 3020209 West side of Wllliamson Road from north right of way Orange Avenue, north to intersection of Hildebrand Road. Beginning at the center of Williamson Road at the intersection of the north right of way of Orange Avenue; thence, westerly along the north right of way of Orange Avenue approximately 625.0 feet to the southwest corner of Tax No. 3020102 (Econo Lodge); thence leaving the north right of way of Orange Avenue and with the westerly property line of Tax No. 3020102 (Econo Lodge) to the center of Carver Avenue; thence, easterly with Carver Avenue to the intersection of Courtland Road; thence, with the centerline of Courtland Road, north to the intersection of Sycamore Avenue; thence with the centerline of Sycamore Avenue easterly 125.0 feet; thence leaving Sycamore Avenue south along the line between Lots 28 and 29, Block "A", map of Wllliamson Groves; thence along the rear lot lines of Lots 29, 30, 31, 32, 33 and 34, easterly 150.0 feet to the corner between Lots 34 and 35; thence, with the lot line between Lots 34 and 35, northerly to the center of Sycamore Avenue; thence easterly with the centerline of Sycamore Avenue 50.0 feet; thence, leaving Sycamore Avenue, northerly with the rear lot lines of Lots 1 thru 12, Block "B", map of Williamson Groves, to the centerline of Thurston Avenue; thence leaving Thurston Avenue, northerly with the rear lot lines of Lots I thru 6, Block "C", map of Williamson Groves, to a common corner of Lots 6, 7, and 58; thence with the rear lot lines of Lots 53 thru 58 to a common corner between Lots 52 and 53; thence with the line between Lots 52 and 53, northerly to the center of Maddock Avenue; thence with the centerline of Maddock Avenue easterly 50.0 feet; thence leaving Maddock Avenue, northerly with the lot line between Lots 28 and 29, Block "D", map of Wllliamson Groves; thence, easterly with the rear lot line of Lots 29 thru 32 to a common corner between Lots 32, 5 and 6; thence, northerly with the rear lot line of Lots 6 thru 10, to the centerline of Noble Avenue; thence westerly with the centerline of Noble Avenue 25.0 feet; thence, leaving Noble Avenue and northerly with the lot lines between Lots 33 and 34, Block "E", map of Williamson Groves; thence easterly with the rear lot line of Lot 34 to a common corner between 34, 6 and 7; thence northerly with the real lot lines of Lots 7 thru 12, to the center of Clover Avenue; thence, leaving Clover Avenue northerly with the rear lot lines of Lots i thru 14, Block "F", map of Williamson Groves to the center of Forest Hill Avenue; thence leaving Forest Hill Avenue, northerly with the lot lines between Lots 3 and 4, block "P", map of Wllliamson Groves; thence with the rear lot lines of Lots 4 and 5, westerly to the centerline of Hillcrest Avenue, northerly approximately 250.0 feet; thence leaving Hillcrest Avenue and with the southerly line of Tax No. 3090239, 121.67 feet; thence with the easterly line of Tax No. 3090239, 106.53 feet to a point on the southerly line of Tax No. 3090242; thence with the southerly line of Tax No. 3090242, 27.04 feet to a point; thence 7 with the westerly line of Tax No. 3090237, 244.87 feet to a point; thence with the northerly line of Tax No. 2090237 and 3090240, 314.91 feet to a point being the southwesterly corner of Lot 5, map of C. R. Scott; thence with the rear lot lines of Lots 1 thru 5, map of C. R.Scott, to the center of Liberty Road; thence westerly with the centerline of Liberty Road approximately 75.0 feet; thence, leaving Liberty Road and northerly with the rear lot lines of Lots 8, 9, 10, and 11, Block 1, map of Meadow Land to the centerline of Spring Hollow Avenue; thence, easterly with the centerline of Spring Hollow Avenue easterly approximately 75.0 feet; thence leaving Spring Hollow Avenue northerly along the westerly line of Tax No. 2071309, 2071310, 2071311, and 2071324 to the southwest corner of Lot 7, Block 2, map of Bowman Lawn; thence, easterly with the rear of Lots 6 and to a point on the southwest corner of Lot 6; thence with the easterly line of Lot 6, northerly to the center of Bowman Street; thence leaving Bowman Street northerly with the easterly line of Lot 14, Block 3, map of Bowman Lawn; thence, with the rear lot line of Lot 14, easterly 60.0 feet to the common corner between lot 14 and 7; thence northerly with the westerly line of Lot 7 to the centerline of Chatham Street; thence with the centerline of Chatham Street approximately 150.0 feet; thence leaving Chatham Street and northerly with the rear lot lines of Lots i thru 16, Block 1, Plasters Map, to a point on the southerly line of Tax No. 2070143 (formerly the Lee Theater); thence westerly with the line of same 88.54 feet; thence with the westerly line of same 120.0 feet to the centerline of Haffen Street; thence with the centerline of Haffen Street approximately 65.0 feet; thence leaving Haffen Street northerly with the westerly line of Lot 5, Block 1, Newcomb Map, to the centerline of Tenth Street; thence with the Tenth Street westerly approximately 35.0 feet; thence, northerly with the westerly line of Lot 12, Block 1, Conniestone Map; thence, easterly with the rear lot line of Lot 12 to the common corner of Lots 5 and 12; thence with the easterly line of Lot 5, northerly, to the center of Burton Avenue; thence leaving Burton Avenue, northerly with the westerly line of Lot 15, Block 4, Conniestone Map; thence with the rear lot line of Lot 15 to the common corner of Lots 6 and 15; thence northerly with the easterly line of Lot 6 to the centerline of Huntington Boulevard; thence with the centerline of Huntington Boulevard, easterly to the west right of way line of Williamson Road; thence, north with the west right of way line of Williamson Road approximately 124.05 feet; thence leaving said right of way and with the common line between Lots 2 and 3, block 5, conniestone Map, to a point on the easterly line of Lot 15; thence with the easterly line of Lot 15 and Lot 6, northerly to the centerline of Cumberland Street; thence with the centerline of Cumberland Street 50.0 feet; thence leaving Cumberland Street, northerly with a line through Lot 1 and 2, Block 10, Conniestone Map, to a common corner at Lots 3 and 6; thence with the rear line of Lot 6, 50.0 feet to a point on the easterly line of Lot 16; thence with the easterly line of Lot 16, 25.0 feet to the common corner to Lot 7 and 16; thence with the westerly line of Lot 7, northerly to the centerline of Oakland Boulevard; thence with the centerline of Oakland Boulevard westerly approximately 85.0 feet; thence leaving Oakland Boulevard, northerly along the rear lot liens of Lots i thru 30, map of Round Hill Terrace to the centerline of Clarendon Avenue; thence with the centerline of Clarendon Avenue, easterly, approximately 140.00 feet~ thence leaving Clarendon Avenue, northerly, with the rear lot lines of Lots i thru 9, Block 1, map of Shadylawn Court, to the centerline of Broad Street; thence with the centerline of Broad Street easterly approximately 50.0 feet; thence leaving Broad Street, northerly, and with the rear lines of Lots 2 thru 10, block 1, map of Hedgelawn; thence with the northerly line of Lot 10, east 232.0 feet to the west right of way line of Williamson Road~ thence with the west right of way line of Wllliamson Road, north to the center of Epperley Avenue~ thence with the centerline of Epperley Avenue easterly approximately 150.0 feet; thence leaving Epperley Avenue, northerly with the rear lines of Lots 1 thru 7, block 1, map of Epperley Court, to the center of Ravenwood Avenue~ thence leaving Ravenwood Avenue, northerly and with the rear lines of Lots i and 2, map of Layman Square, and the rear lines of Lots 1 thru 7, Block 2, map of Floraland to the center of Floraland Avenue~ thence leaving Floraland Avenue, northerly, with the rear lines of Lots 1 thru 7, Block 1, map of Floraland, Lots 1 thru 7, Block 1, map of James Addition, lots i thru 17, map of Sunset Manor, the rear line of Tax No. 2280111 and 1180156, 2280110, 2280106, 2280159, 2280105 and 2280101, to the centerline of Hershberger Road~ thence with the centerline of Rershberger Road, easterly to the west right of way line of Old Airport Road Extended~ thence northerly with the west right of way line of Old Airport Road (now closed and vacated) and along the west right of way line of what is now called Cross Road approximately 700.0 feet to a point; thence leaving said right of way and with the centerline of relocated Airport Road easterly to a point where Hearthstone Road intersects; thence leaving Airport Road and with the centerline of Hearthstone Road, northerly approximately 200.0 feet; thence leaving Hearthstone Road and easterly with the rear lines of Lots 2, 3, and 4, Block 7, map of Alrlee court to the centerline of Maitland Avenue~ thence with the centerline of Maitland Avenue easterly to the intersection of Woodbury Street~ thence with the centerline of Woodbury Street northerly approximately 275.0 feet; thence leaving Woodbury Street and easterly with the north line of Lot 16, Bloc 10, map of Alrlee Court to a point on the rear line of Lot 4; thence with the rear line of Lots 4, 5, and 6 to the centerline of Hawthorne Road, northerly approximately 120.0 feet; thence leaving Hawthorne Road and with the north line of Lot 2, Block 9, map of Alrlee Court 170.0 feet to a point on the west line of Tax No. 2200102; thence with the north boundary line of Tax No. 2200102; thence with the north boundary line of Tax No. 2200102 to the center of Willtamson road; thence, with the centerline of Williamson Road, southerly, approximately feet to the place of beginning, and shall include the following tax parcel numbers= southerly, approximately feet to the place of beginning, shall include the following tax parcel numbers: 2200102 2190401 2190327 2190303 2190301 2190521 2190520 2190519 2190513 2190503 2190501 2190924 2190922 2071301 2071302 2071304 2071305 2071319 2071306 2071308 2071309 2071310 2071311 2071324 2071003 2071005 2070701 2070702 2070705 2280301 2160303 2081001 2280302 2160615 2081002 2280303 2160617 2081003 2280304 2160618 2081012 2280305 2160621 2081011 2280306 2161016 2080801 2280307 2161017 2080802 2280101 2161019 2080803 2280105 2161020 2080804 2280159 2161021 2080805 2280106 2161022 2080806 2280110 2161023 2080816 2280156 2161024 2080603 2280111 2161313 2080604 2280114 2161314 2080401 2280115 2161315 2080403 2280117 2161316 2080404 2280118 2161317 2080405 2280119 2161318 2080101 2280134 2161319 2080102 2280136 2161320 2080104 2280137 2080150 2280138 2080149 2280139 2080107 2280158 2080109 2280141 2080110 2280144 2080111 2280145 2080112 2280146 2080113 2280147 2080114 2080115 2080116 2080117 2080148 2070404 3090216 2080119 2070413 3090217 2080120 2070414 3090218 2080121 2070143 3090234 2070120 3090237 2070121 3090243 2070122 3090231 2070123 3090240 2070134 3090229 2070135 3090228 2070136 3090227 2070137 3090225 2070138 2070139 2070140 2070141 and 10 3080646 3070647 3080648 3080649 3080650 3080721 3080722 3080725 3080823 3080824 3080825 3080826 3080827 3080822 3080923 3080927 3080909 3070901 3070517 3070519 3070520 3070529 3070528 3070524 3070526 3070527 3070512 3070513 3070514 3070515 3070317 3070407 3070412 3070401 3070402 3070403 3070405 3070418 3070239 3070240 3020102 3020118 3020117 3020202 11 MINUTES CONSIDERED AT THIS COUNCIL MEETING MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER, OR AT THE CITY CLERK'S OFFICE NOEL C. TAYLOR Mayor CITY OF ROANOKI OFFICE OF THE MAYOR 215 Church Aveuue, S.W., Room 452 Roanoke, Virginia 24011 Telephone: (703)981-2444 April 13, 1992 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: This is to request an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1- 344 (A) (1), Code of Virginia (1950), as amended. NCT: sw Sincerely, NOEL C. TAYLOR Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, V'rrginia 24011 Telephone: (703)981-2444 April 13, 1992 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: This is to request an Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel, pursuant to Section 2.1-344(A)(7), specifically being the terms and conditions of various agreements and related legal documents, and to discuss personnel matters relating to appointments to a commission appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, all in connection with the Hotel Roanoke Conference Center Commission. NCT: sw Sincerely, Office of the City Clerk April 17, 1992 File//34-60 The Honorable Gordon E. Peters Treasurer Roanoke, Virginia Dear Mr. Peters: Your communication requesting concurrence in a transfer of funds totalling $43,000.00 from Unused Salaries to Office Expense in the Treasurer's fiscal year 1991-92 budget, as approved by the State Compensation Board on March 31, 1992, was before the Council of the City of Roanoke at a regular meeting held on Monday, April 13, 1992. On motion, duly seconded and adopted, Council concurred in the request. Sincerely, P/k~x~ Mary F. Parker, CMC/AAE City Clerk MFP: sw pc: Mr. W. Robert Herbert, City Manager Mr. Joel M. Schlanger, Director of Finance Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 CITY OF ROANOKE TREASURER O FI_ E RO. BOX '1451 ROANOKE, VIRGINIA 24007-1451 TELEPHONE: (703) 98 %2561 TELECOPIER: (703) 224-3019 GORDON E. PETERS TREASURER DAVID C. ANDERSON CHIEF DEPUTY April 6, 1992 Mary F. Parker, City Clerk Room 456, Municipal Building Dear Mary: I am enclosing a request for Roanoke City Council to concur in a recent transfer of funds for the Treasurer's Office in the amount of $43,000. If appropriate, I would like to have this item listed on the Consent Agenda for April 13, 1992. Enclosed are the required 17 copies. If you have questions pertaining to this matter, please advise. urs, Gordon E. Peters City Treasurer further GEP/agv Enclosures CITY OF ROANOKE TREASURER'S OFFICE RO. BOX 1451 ROANOKE, VIRGINIA 24007-1451 TELEPHONE: (703) 981-2561 TELECOPIER: (703) 224-3019 GORDON E. PETERS TREASURER DAVID C. ANDERSON CHIEF DEPUTY April 6, 1992 The Honorable Mayor and Council Members City of Roanoke, Virginia RE: Fiscal Year 1991-92 Budget Dear Honorable Mayor and Council Members: On March 17, 1992, I requested the State Compensation Board to transfer funds totaling $43,000 from "Unused Salaries" to the "Office Expense" line item of the Treasurer's Office Fiscal Year 1991-92 Budget. The Compensation Board approved this request on March 31, 1992, however, it is subject to concurrence by Roanoke City Council. I would like to request Roanoke City Council concur in this request and have the City Clerk forward written confirmation to the Compensation Board. By concurring with this request, the City of Roanoke will be reimbursed from the Commonwealth of Virginia, $21,500 for "Office Expense" of the Treasurer,s Office. For your information, I am attaching a copy of the March 31, 1992, letter from the State Compensation Board. GEP/agv Gordon E.'Peters City Treasurer Attachment JOHN McE GARRE%r CHAIRMAN W H FORST W J KUCHARSKI BRUCE W HAYNES JAMES W MA%THEWS COMMONWEALTH of VIRGINIA ASSISTANTEXECUTIVESECF~ETARY COMPENSATION BOARD PO BOX 3-F RICHMOND ViRGINiA 23206-0686 March 31, 1992 The Honorable Gordon E. Peters Treasurer City of Roanoke P. O. Box 1451 Roanoke, VA 24007-1451 Dear Mr. Peters: This is to acknowledge review by the Compensation Board of your request dated March 18, 1992 and confirm action taken. The Compensation Board approved, subiect to concurrence of the Roanoke City Council, transfer of funds totaling $43,000 from permanent salaries to the Office Expense line item of your FY92 budget. However, this approval will not be built into the base when considering your Office Expense budget for FY93. Consequently, these funds will not be available after July 1, 1992. The Compensation Board must receive written concurrence of Roanoke City Council before our records can be changed to reflect this approval. Very truly yours, John McE. Garrett, Chairman Bruce W. Haynes Executive Secretary BWH/kml Copy to: Governing Body and/or Constitutional Officer as noted above FAX (804) 371-0235 (804) 786-3886 (V/TDD) (804) 786-3886 Office of the City Clerk April 17, 1992 File #236-178 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30955-041392 authorizing execution of certain contracts with Habitat for Humanity in the Roanoke Valley, providing for reimbursement of certain costs in connection with building and selling five houses as provided in the approved Vacant Lot Homesteading Program, as more fully set forth in a report of the City Manager under date of April 13, 1992. Resolution No. 30955-041392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 13, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc: Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director, Public Works Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. H. Daniel Pollock, Housing Development Coordinator Ms. Marie T. Pontius, Grants Monitoring Administrator Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk April 17, 1992 File #236-178 Mr. William S. Hubard Executive Director Habitat for Humanity in the Roanoke Vailey 2202 Carter Road, S. W. Roanoke, Virginia 24015 Dear Mr. Hubard: I am enclosing copy of Resolution No. 30955-041392 authorizing execution of certain contracts with Habitat for Humanity in the Roanoke Valley, providing for reimbursement of certain costs in connection with building and selling five houses as provided in the approved Vacant Lot Homesteading Program, as more fully set forth in a report of the City Manager under date of April 13, 1992. Resolution No. 30955-041392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 13, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 13th day of April, 1992. No. 30955-041392. VIRGINIA, A RESOLUTION authorizing with Habitat for Humanity in reimbursement of certain costs the execution of certain contracts the Roanoke Valley, providing for as provided for in the Vacant Lot Homesteading Program, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is hereby authorized to execute, for and on behalf of the City, certain contracts with Habitat for Humanity in the Roanoke Valley, providing for reimbursement of certain costs in connection with building and selling five (5) houses as provided in the approved Vacant Lot Homesteading Program, as more particularly set forth in the City Manager's report to this Council dated April 13, 1992, upon certain terms and conditions, said contracts to be approved as to form by the City Attorney. ATTEST: City Clerk. Roanoke, Virginia April 13, 199292 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Contracts Under Vacant Lot Homesteading Program (Extension for New Construction) I. Background: Vacant Lot Homesteading Program (extension) is intended to encourage development of new housing on vacant land, especially single-family owner-occupied homes on individual lots, by reimbursing the builder/developer for certain costs of development. B. Allowable costs reimbursable under the Program, up to a maximum of $#000 in each case, are: i. Purchase price or value of the lot, up to the fair market value; 2. Legal fees associated with purchase and resale, as paid by buyer/builder; 3. Clearing and grading where necessary; 4. Building permit fees; 5. Water and sewer connection fees; 6. Other reasonable expenses customarily associated with such real estate transactions. C. Conditions which builder/developer must meet to receive reimbursement are; Building and site plans approved by Building Department as meeting applicable building and zoning codes and being compatible with existing neighborhood design; 2. Build or move a residential building onto the lot within the spe- cified time; 3. Sell or lease the building initially to a low-moderate income party; If the builder/developer is a non-profit corporation, benefits of reimbursement are to be passed on to the low-moderate income occu- pant via reduced sales price or rent. II. Current Situation: A. Vacant Lot Homesteading Pro~ram was reactivated on January 13, 1992 by City Council, with appropriation of $20,000 of CDBG funds to account 035-089-8920-5104. Page 2 April 13, 1992 Habitat for Humanity in the Roanoke Valley~ which is a non-profit orga- nization to build houses for iow-moderate income families, has asked to participate in the Program for houses it will build this spring and summer. III. Issues: A. Consistency with established policies and priorities. 15. Cost to the City. IV. Alternatives: Authorize the City Manager to execute contracts with Habitat for Humanity in the Roanoke Valley providing for reimbursement for certain costs as provided in the approved Vacant Lot Homesteading Program, and specified in the individual contracts, for building and selling 5 houses on lots identified on the attachment; and authorize reimbur- sement to Habitat for Humanity in the Roanoke Valley for such costs upon completion and occupancy of each house according to the terms of the contracts. I. Consistency with established policies and priorities would be met: a. Homeownership would be supported by the sale of the houses to families who would be unlikely to be homeowners otherwise. Furthermore~ the Program will save Habitat funds which it may use to build more homes. b. Established neighborhoods will be strengthened by the addition of new homes which are compatible with existing houses. Cost to the City would be nothing beyond what is currently budgeted to the Program from CDBG funds. The homes built will be taxable~ with an assessment of approximately $40,000 each. The cost in CDBG funds will be recouped to the General Fund by property taxes in approximately 8 years. Do not authorize the City Manager to execute contracts with Habitat for Humanity in the Roanoke Valley for reimbursement under the Vacant Lot Homesteading Program. Consistency with established policies and priorities would not be reinforced. While Habitat still intends to build new houses, it will cost more, which would hamper Habitat's overall activities. Furthermore, the City would have no impact on the design or loca- tion of houses which are built. Cost to the City would be nothing directly. However, if the unreimbursed costs result in Habitat building fewer houses in the City, tax revenues may be reduced. Page 3 April 13, 1992 V. Recommendation: Concur in Alternative A, thereby authorizing the City Manager to execute contracts with Habitat for Humanity in the Roanoke Valley providing for reimbursement for certain costs as provided in the Vacant Lot Homesteading Program as extended and specified in individual contracts, for building and selling 5 houses on lots identified on the attachment; and authorize reim- bursement to Habitat for Humanity in the Roanoke Valley for such costs according to the terms of the contracts. Respectfully submitted, W. Robert Herbert City Manager WRH:HDP:rms(CR.61.1,2,3,4) CC: City Attorney Director of Finance Director of Public Works Building Commissioner Housing Development Coordinator Grants Monitoring Administrator William S. Hubard, President, Habitat for Humanity in the Roanoke Valley ATTACHMENT LOTS PROPOSED FOR ASSISTANCE BY HABITAT FOR HUMANITY Approximate Address Tax Number 1#61 Miami Street SE 1#67 Miami Street SE 1#73 Miami Street SE 201 Harrison Avenue NW 203 Harrison Avenue NW 0130168 0130169 0130171 2021786 2021785 Office of the City Clerk April 17, 1992 File #5-22-44-60-188-202-301-472 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30956-041392 amending and reordaining certain sections of the 1991-92 General and Internal Service Funds Appropriations, providing for appropriation of $79,612.00 in connection with procurement of Capital Maintenance and Equipment Replacement items for various City departments. Ordinance No. 30956-041392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 13, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Eno. pc: Mr. W. Robert Herbert, City Manager Dr. Donald R. Stern, Director, Health Department Mr. George C. Snead, Jr., Director, Administration and Public Safety Mr. M. David Hooper, Police Chief Mr. Archie W. Harrington, Manager, City Information Services Mr. Kenneth S. Cronin, Personnel Manager Ms. Wanda L. Reed, Manager, Emergency Services Mr. James D. Ritchie, Director, Human Resources Mr. Robert F. Hyatt, Manager, Nursing Home Ms. Corinne B. Gott, Manager, Social Services Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 IN THE COUNCIL OF THE CITY OF ROANOKEv VIRGINIA The lSth day of ^pr~], 1992. No. 30956-041592. AN ORDINANCE to amend and reordain certain sections of the 1991-92 General and Internal Service 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 1991-92 General and Internal Service Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Gene al Fund ~' tio Public Safety Emergency Medical Services Police Patrol .......... General Government Personnel Management (3) .... ~ ..................... Health and Welfare Health Department (4). Income Maintenance (7) ............................ Fund ~alance Capital Maintenance and Equipment Replacement Program - City Unappropriated (8) ............... $29,524,261 1,060,200 6,671,576 8,778,912 613,054 15,031,545 1,059,624 1,266,975 3,645,478 $ 167,180 Internal Service ~r"d A O r'at'ons City Information Systems Capital Outlay (9) ................................ $ 2,187,871 295,630 ~etained Earni~g~ Retained Earnings 1) Other Equipment 2) Other Equipment 3) Other Equipment 4) Other Equipment 5) Other Equipment 6) EXpendable Equipment < $500 7) Other Equ%pment 8) CMERP -Clty Unappropriated 9) Other EqUipment 10) Retained Earnings - Unrestricted - Unrestricted (10) ............. (001-050-3521-9015) $ 9,000 (001-050-3113-9015) 16,200 (001-050-1261-9015) 4,995 (001-054-5110-9015) 3,300 (001-054-5340-9015) 13,250 (001-054-5340-2035) 3,235 (001-054-5313-9015) 4,632 (001-3323) (006-050-1601-9015) (006-3336) (54,612) 25,000 (25,000) $ 2,745,900 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Roanoke, Virginia ~,Sp~l i~, i992 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Fund Appropriation I. Background Capital Maintenance and Equipment Replacement needs have been identified for various City departments. Identified items are needed for the continued efficient and most effective performance of assigned responsibilities. Attachment "A" is a listing of those identified items that are anticipated to cost less than $15,000 per single item. Single purchases, which will cost less than $15,000 will be procured through the competitive bid process in accordance with the Procurement Code as identified in the Code of the City of Roanoke. II. Current Situation Council's appropriation of Funds are necessary to provide for the purchase of those items as listed on Attachment "A", all of which are single purchases that will cost less than $15,000. III. Issues A. Need B. Timeliness C. Fund Availability Fund Appropriation Page 2 IV. Alternatives ao Council Appropriate $79,612.00 to various City department accounts to provide for the procurement of Capital Maintenance and Equipment Replacement items as listed on Attachment "A". Nee4 - Request items are necessary for the continued performance of required duties for those departments listed. Timeliness - Requested items can be expediently procured in the most timely fashion with this alternative. Fund availability - Designated Funds are available in the Capital Maintenance and Equipment Replacement Program and Internal Service Fund Retained Earnings. Do Not Appropriate Funds Need - Required duties would not be accomplished in the most efficient manner. Timeliness would not be an issue in this alternative. Fund availability - Designated Funds would not be expended under this alternative. Recommendation Council concur with Alternative "A" - Appropriate $79,612.00 from Capital Maintenance and Equipment Replacement Program and Internal Service Fund Retained Earnings to various accounts as follows: $25,000 to City Information Services Account 006-050-1601-9015 $9,000 to Emergency Services Account 001-050-3521-9015 3. $3,300 to Health Department Account 001-050-5110-9015 Fund Appropriation Page 3 $13,250 to City Nursing Home Account 001-054-5340-9015 $3,235 to City Nursing Home Account 001-054-5340-2035 $4,995 to Personnel Management Account 001-050-1261-9015 $16,200 to Police Department Account 001-050-3113-9015 o $4,632 to Social Services Account 001-054-5313-9015 Respectfully Submitted, W. Robert Herbert City Manager cc: City Attorney Director of Finance Attachment "A" City Information Systems Disk Drive - Currently disk is near capacity. To provide additional disk space. Terminal Controller - Allow additional terminals to be connected to mainframe. Total - Internal Service Fund Retained Earnings $13,000 12,000 Emergency Services Defibrillator/Monitor - Replaces out of date piece of equipment with up to date technology. 9,000 Health Department Mainframe Connection - To enable environmental health personnel to access City mainframe for information pertaining to environmental complaints. Nursing Home Privacy Curtains - Replacement of old curtains. Biological Refrigerator - Replacement of 23 year old model. Geri-Chair Recliners - Replacement of old recliners Mattresses - Replacement of old mattresses. Storage Cabinet - To secure items now stored in open area. Pager - Enable department to contact maintenance employee when outside the facility. 3,300 6,250 2,000 ~,200 960 175 300 Attachment A Page 2 Cellular Phone - To provide emergency contact with vehicle while transporting residents in lieu of two-way radio system. Door Alarm System - Replacement of old system. Personnel Management Pulmonary Spirometer - To enable City Nurse to check lung capacity of Police & Fire applicants. Police Handi-Talkie Radios w/Chargers - to provide communication with school resource personnel. Pagers and Chargers - To enable contact with criminal investigators. Radio & Emergency Lights - For Crime Prevention Vehicle. Social Services Lateral Files - Needed to house client case records, due to increased food stamp cases. Chairs - Replace old broken chairs. Total - CMERP 600 5,000 4,995 10,000 3,600 2,600 3,660 972 $54,612 Office of the City Clerk April 17, 1992 File #472-268-183 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30958-041392 accepting bids submitted by J. W. Burress, Inc., Mitchell Distribution Co., Sullair Sales, Service, and Rentals, and Scott-Gallagher, Inc., in connection with replacement of certain existing construction equipment used by the Utility Line Services department. Resolution No. 30958-041392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 13, 1992. Sincerely Mary F. Parker, CMC/AAE City Clerk MFP: sw Ene o pc; Mr. Joel M. Schlanger, Director of Finance Mr. Kit B. Kiser, Director, Utilities and Operations Mr. Jesse H. Perdue, Jr., Manager, Utility Line Services Mr. D. Darwin Roupe, Manager, General Services Mr. Barry L. Key, Manager, Office of Management and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk April 17, 1992 File #472-268-183 Mr. Ronald E. Hunt Assistant Branch Manager Mitchell Distributing Co. P. O. Box 390 Salem, Virginia 24153 Dear Mr. Hunt: I am enclosing copy of Resolution No. 30958-041392 accepting bids submitted by J. W. Burress, Inc., Mitchell Distribution Co., Sullair Sales, Service, and Rentals, and Scott-Gallagher, Inc., in connection with replacement of certain existing construction equipment used by the Utility Line Services department. Resolution No. 30958-041392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 13, 1992. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Eno. Room 456 Municipal Building 215 Church Avenue. S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk April 17, 1992 File #472-268-183 Mr. Warren L. Baker, President Baker Brothers, Inc. 1402 Williamson Road, N. W. Roanoke, Virginia 24012 Dear Mr. Baker: I am enclosing copy of Resolution No. 30958-041392 accepting bids submitted by J. W. Burress, Inc., Mitcheli Distribution Co., Sullair Sales, Service, and Rentals, and Scott-Gallagher, Inc., in connection with replacement of certain existing construction equipment used by the Utility Line Services department. Resolution No. 30958-041392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 13, 1992. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the construction equipment. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk April 17, 1992 File #472-268-183 Mr. Ronald E. Scott, Sr., President Scott-Gallagher, Inc. P. O. Box 7920 Roanoke, Virginia 24019 Dear Mr. Scott: I am enclosing copy of Resolution No. 30958-041392 accepting bids submitted by J. W. Burress, Inc., Mitchell Distribution Co., Sullair Sales, Service, and Rentals, and Scott-Gallagher, Inc., in connection with replacement of certain existing construction equipment used by the Utility Line Services department. Resolution No. 30958-041392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 13, 1992. Sincerely, ~. ~t,~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. Room 456 Municipal Building 215 Church Avenue. S.W. Roanoke, Virginia 24011 (703) 981-2841 Office of the City Clerk April 17, 1992 File #472-268-183 Mr. D. Elmore, Jr. Office Manager Sullair Sales, Service, and Rentals 4805 Market Drive Newport News, Virginia 23607 Dear Mr. Elmore: I am enclosing copy of Resolution No. 30958-041392 accepting bids submitted by J. W. Burress, Inc., Mitchell Distribution Co., Snilair Sales, Service, and Rentals, and Scott-Gallagher, Inc., in connection with replacement of certain existing construction equipment used by the Utility Line Services department. Resolution No. 30958-041392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 13, 1992. Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Cterk April 17, 1992 File #472-268-183 Mr. Charles Bradie Allman Administrative Assistant J. W. Burress, Inc. P. O. Box 719 Roanoke, Virginia 24002 Dear Mr. Allman: I am enclosing copy of Resolution No. 30958-041392 accepting bids submitted by J. W. Burress, Inc., Mitchell Distribution Co., Sullair Sales, Service, and Rentals, and Scott-Gallagher, Inc., in connection with replacement of certain existing construction equipment used by the Utility Line Services department. Resolution No. 30958-041392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 13, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk April 17, 1992 File #472-268-183 Mr. T. E. Shelton, President Shelton-Witt Equipment Corporation P. O. Box 828 Saiem, Virginia 24153 Dear Mr. Shelton: I am enclosing copy of Resolution No. 30958-041392 accepting bids submitted by J. W. Burress, Inc., Mitchell Distribution Co., Suliair Saies, Service, and Rentals, and Scott-Gal]agher, Inc., in connection with replacement of certain existing construction equipment used by the Utility Line Services department. Resolution No. 30958-041392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 13, 1992. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on certain construction equipment. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk April 17, 1992 File #472-268-183 Ms. Bonnie S. Horne, Manager Star Equipment, Inc. 5130 Hildebrand Road, N. W. Roanoke, Virginia 24012 Dear Ms. Home: I am enclosing copy of Resolution No. 30958-041392 accepting bids submitted by J. W. Burress, Inc., Mitchell Distribution Co., Sullair Sales, Service, and Rentals, and Scott-Gallagher, Inc., in connection with replacement of certain existing construction equipment used by the Utility Line Services department. Resolution No. 30958-041392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 13, 1992. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on certain construction equipment. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. Room 456 Municipal Building 215 Church Avenue, $.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk April 17, 1992 File #472-268-183 Mr. Edward T. Robinson Sales Coordinator James River Equipment Co., Inc. 3092 W. Main Street Salem, Virginia 24153 Dear Mr. Robinson: I am enclosing copy of Resolution No. 30958-041392 accepting bids submitted by J. W. Burress, Inc., Mitchell Distribution Co., Sullair Sales, Service, and Rentals, and Scott-Gallagher, Inc., in connection with replacement of certain existing construction equipment used by the Utility Line Services department. Resolution No. 30958-041392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 13, 1992. On behalf of the Mayer and Members of City Council, I would like to express appreciation for submitting your bid on the construction equipment. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk April 17, 1992 File #472-268-183 Ms. Pamela S. Barger, President Eagle Equipment Co. 1238 Orange Avenue, N. W. Roanoke, Virginia 24012 Dear Ms. Barger: I am enclosing copy of Resolution No. 30958-041392 accepting bids submitted by J. W. Burress, Inc., Mitchell Distribution Co., Suilair Sales, Service, and Rentals, and Scott-Galiagher, Inc., in connection with replacement of certain existing construction equipment used by the Utility Line Services department. Resolution No. 30958-041392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 13, 1992. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on certain construction equipment. Sincerely, ~O~_.~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Eno. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of April, 1992. No. 30958-041392. A RESOLUTION accepting bids for certain construction equipment and rejecting certain other bids for such equipment. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bids in writing of the following named bidders to furnish to the City the items hereinafter set described, such items being more particularly City's specifications and any alternates and proposal, are hereby ACCEPTED, at the purchase prices set out with out and generally described in the in each bidder'S each item: Successful Purchase Item Price Number ~ & Descri~tion Bidder 1 1 - Gooseneck Trailer J.W. $ 21,775.00 Burress, Inc. Mitchell $ 19,680.85 Distribution Co. 2 1 - Trench Compactor 2 - Heavy Duty Pave- J.W. ment Breakers Burress, Inc. $ 1,250.00 4 5 1 - Trailer Mounted Air Compressor 2 Asphalt Cutters Sullatr $ Sales, Service, and Rentals 9,948.00 Scott- $ 49.60 Gallagher 2. The City's Manager of General Services is hereby authorized to issue the requisite purchase orders for the above- mentioned items, said purchase orders to be made and filled in accordance with the City's specifications, the respective bids made therefor and this measure, as more particularly set out in a report to this Council dated April 13, 1992. 3. Any and all other bids made to the City for the aforesaid items are hereby REJECTED; notify each such bidder appreciation for each bid. and the City Clerk is directed to so and to express to each the City's ATTEST: City Clerk. Office of the City Clerk April 17, 1992 File #60-472-268-183 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30957-041392 amending and reordaining certain sections of the 1991-92 Internal Service Fund Appropriations, providing for the transfer of $52,704.00 from Retained Earnings - Unrestricted, to Utility Line Services - Other Equipment, in connection with acceptance of bids for replacement of certain existing construction equipment used by the Utility Line Services department. Ordinance No. 30957-041392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 13, 1992. Sincerely, /~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Eno · pc: Mr. W. Robert Herbert, City Manager Mr. Kit B. Kiser, Director, Utilities and Operations Mr. Jesse H. Perdue, Jr., Manager, Utility Line Services Mr. D. Darwin Roupe, Manager, General Services Mr. Barry L. Key, Manager, Office of Management and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 AN 1991-92 an emergency. WHEREAS, for the Government of the City exist. VIRGINIA IN THB COUNCIL OF THE CITY OF ROANOKE, The 13th day of April, 1992. No. 30957-041392. ORDINANCE to amend and reordain certain sections of the Internal Service Fund Appropriations, and providing for usual daily operation of the Municipal of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 Internal Service Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Utility Line Services Capital Outlay (1) ................................. Retained Earninae Retained Earnings - Unrestricted (2) ............... 1) Other Equipment 2) Retained Earnings - Unrestricted (006-056-2625-9015) (006-3336) $ 52,704 (52,704) $2,747,507 277,247 $2,693,196 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia April 13, 1992 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bids on Construction Equipment Bid No. 92-3-33 and 92-3-34 I. Background: Funds for Internal Service Fund capital equipment purchases were not budgeted for FY 91/92. Prior year retained earnings are available for appropriation to the current Utility Line Services budget. Bids were received on March 24~ 1992~ after due and proper advertisement and were publicly opened and read at 2:00 p.m. in the office of the Manager of General Services. Equipment to efficiently and sewer services needs to be upgraded on an annual basis. replace existing equipment. safely repair water and purchased, replaced or Equipment requested will II. Current Situation: A. Evaluation of bids received was accomplished by: Mr. K.B. Kiser, Director of Utilities and Operations Mr. J.H. Perdue, Jr., Manager, Utility Line Services Mr. D. Darwin Roupe, Manager, General Services Seven (7) companies submitted consideration for Bid No. 92-3-33 quotations for Eight (8) companies submitted quotations for consideration for Bid No. 92-3-34 for three (3) separate items per attached bid tabulation. The lowest bid meeting all specifications for Bid NO. 92-3-33 for one (1) gooseneck trailer was submitted by J.W. Burress, Inc., in the amount of $21,775.00. The lowest bid meeting all specifications for one (1) trench compactor was Mitchell Distribution Co. in the amount of $19,680.85. The lowest bid meeting all specifications for two (2) heavy duty pavement breakers was J.W. Burress, Inc., in the amount of $1~250.00. Members of Council April 13, 1992 Page 2 III. The lowest bid meetinq specifications for two (2) asphalt cutters was Scott-Gallagher in the amount of $49.60. The lowest bid submitted for the trailer mounted air compressor by Sullair Sales, Services and Rentals in the amount of $9,948.00 took three (3) minor exceptions to the specifications which do not substantially affect price, quality, quantity or delivery schedule and have been determined to be an informality. Issues in order of importance: A. Need Compliance with specifications Fundinq IV. Alternatives: Council accept the following bids and reject all other bids: ii. iii. iv. One (1) Gooseneck Trailer from J.W. Burress, Inc., for a total amount of $21,775.00. One (1) Trench Compactor from Mitchell Distribution Co. for a total amount of $19,680.85. Two (2) Heavy Duty Pavement Breakers from J.W. Burress, Inc., for a total amount of $1,250.00. One (1) Trailer Mounted Air Compressor from Sullair Sales, Services and Rentals for a total amount of $9,948.00. Two (2) asphalt cutters from Scott-Gallaqher for a total amount of $49.60. Needs to replace equipment in poor condition will be met. Compliance with specifications by recommended bidders has been satisfied. Fundinq in Internal Service Fund previous years retained earnings has been identified. Members of Council April 13, 1992 Page 3 B. Reject all bids: 1. Need to replace existing equipment in a timely manner will not be met. 2. Compliance with specifications is a moot issue. Funds designated for the replacement of equipment will not be expended. V. Recommendation: A. Accept all bids outlined in Alternative "A" and reject all other bids. Appropriate $52~703.45 from the Internal Service Fund retained earnings to account number 006-056-2625-9015 for the purchase of equipment. Respectfully submitted, W. Robert Herbert City Manager WRH:dpe Attachment: Tabulation of Bids cc: City Attorney Director of Finance Director of Utilities & Operations Manager, Utility Line Services Manager, General Services Manager, Management & Budget 0 0 0 DEPARTMENT OF' FINANCE CITY OF ROANOKE, VA. April 13, 1992 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger, Director of Finance Annual Bingo Activity Report The following Schedules of Bingo Activity by Organization is a compilation of Financial Reports prepared by the bingo organizations for the twelve months ended September 30, 1991. I am still concerned that the average profit percentage for large organizations is only 10%. Based upon our analysis, it is reasonable to estimate that large organizations should be expected to report bingo game profits of 15%. Only two of nine organizations reported profits of over 15%. Bingo, a form of gambling, is permitted so that money can be made to benefit lawful, religious, charitable, community or educational purposes. If profits are not shown to benefit charity, then the purpose for which this gambling is permitted is not met. It is important to note that only 35% of the profits were expended for charitable purposes during this period. Each organization with gross receipts in excess of $250,000 was required to submit an opinion by a certified public accountant Honorable Mayor and Members of City Council April 13, 1992 Page 2 that their financial report was fairly stated. With one exception, all organizations have complied with this requirement. We have conducted numerous compliance audits on each organization during 1991 on their recordkeeping, operating, and accounting procedures. It is interesting to note that although there have been fewer permit-holding organizations during 1991 than in 1990, the total gross receipts reported increased by 12%. Some organizations showed a 2% to 187% increase in gross receipts from 1990 to 1991. This report is being submitted to you for your information only and no action is required on your part. A special note of thanks goes to Deborah J. Moses, Chief of Billings and Collections, who administers this program, Dana D. Long, our Tax Compliance Administrator, and the City Attorney,s Office for their dedication in providing the much needed legal assistance in enforcing the ordinances related to bingo. I also want to note that other Law Enforcement Departments have been greatly involved in helping us ensure that City ordinances are being complied with. JMS:s cc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Donald S. Caldwell, Commonwealth,s Attorney M. David Hooper, Chief of Police Deborah J. Moses, Chief of Billings and Collections City of Roanoke Summary of Bingo Financial Reports For the Fiscal Year Ended September 30, 1991 Prepared by: Office of Billings and Collections Roanoke, Virginia City of Roanoke, Viruinia 9C{~IIL~ OF BIN60 ACTIVITY I)¥ ORGANIZATION Listed in Alphabetic Drder For the Fiscal Year Ended ~epteaber 3~, 1991 As of; January 31, 199~ 1991 Permit Number B~18 5811 (Note E) 5886 B~ 5888 B~89 (Note Organization Name Central Virginia Council of the Blind {)elta Kappa Chapter of EeA Gainsboro Neighborhood Development Corporation Junior Auhieve~ent (Note C) }(nights of Columbus Northwest Recreation Club Roanoke Neighborhood Alliance Veterans of Foreign Wars Virginia Education & Emplo~ent Opportunities TOTAL (1) (a) (3) (4) (5) Gross P~izea Other Use of Profit Receipts Paid Expenses Proceeds (Note A) (6) Prsfit % (Note B) $L~59,133. S~ $158,~. 75 $41, ~"/. 14 $8.8~ ~7,736.61 11% $541,658.19 f~70, ~. 75 $198,563.93 $13,85~. 8~ $78,875.51 13% $77, 6c~5. 58 $66,168.78 $7,948.5 $1,951.58 $1,951.8~ 3% $~97, 775. 98 $236,695.25 $45,199.11 $18,751.61 $15,881.54 5]l ~248, ~1.48 $176, ~48. 58 SP-~, 853. 5~ $c~, 878.58 $49,159. 48 L~ $591,697.53 $455, 713. 39 $89,681.98 $7, 837. 37 $46, 388. ~4 8% $833, 4~1. ~7 $177,873.55 $47,887.~ $7,965.12 $8,396.~8 $511,18~.?~ $481,548.5 $3q7, 847. 58 $P.75, 881.58 $46,855.87 $37,888.99 $65,918. 13 $3,147,815.81 ~, P49,919.14 $578,1~. 58 $114,955.73 $3~,8%. 78 Source: Bingo Financial Reports filed by January 31, 199~. 4% 8% 17% 18% City of Roanoke, Virginia SCHEDULE OF BINS] BRDSS RE[]EIPTS BY DRGANIZATION Listed in Alphabetic Order For the Fiscal Year Ended ~eptember 3, 1991 As of January 31, 19SS 1991 Permit NombeP Organization Name 1991 1990 Gross Gross %Chan§e Receipts Receipts 1990/1991 B010 B~03 B01I B0~6 B0~9 B~5 Central Virginia Council of the Blind Delta Kappa Chapter of ESA Gainsboro Neighborhood Development Corporation Junior Achievement Knights of Columbus Northwest Recreation Club Roanoke Neighborhood AIliance Veterans of Foreign Wars Virginia Education & Employment Dpportunities SUBTDTAL 1995 gross receipte reported by organizations that did not obtain a 1991 bingo permit ~59,133.50 $0.~ $541,69~.19 $77,625.50 $4, 158.~ 1767% (Note F) $297,775.9~ $29~, L~o~. ~ ~ $2~8,~1.~ $145,795.33 76% $591,697. 53 $2.~5, 835. 6~ 187% $~33,401.27 $0.~ $511,182.?~ $189,456.05 170~ $387,~47.00 $377,348.79 $3, 147,815.01 $1, 2~9, 855. 72 $I, 596, 5L~. 19 TOTAL GROSS RECEIPTS $3, 1~+7~ 815. 01 $2.,896,375.91 Source: Bingo Financial Reports filed for 1991 and 199~. CITY OF ROANOKE SCHEDULE OF BINGO ACTIVITY BY ORGANIZATION SCHEDULE OF BINGO GROSS RECEIPTS BY ORGANIZATION For the Fiscal Year Ended September 30, 1991 NOTES A B C D E F Profit is computed by combining the reported Use of Proceeds and any increase or decrease in cash. Column (5)divided by Column (1). The Financial Report for this organization was prepared based on the nine months ended September 30, 1991 and it omitted one quarter from 1990. CPA report not provided and organization did not reapply for a permit. The Financial Report for this organization was prepared based on the period of May 30, 1991 through November 21, 1991. This organization did not operate for a full year in 1990. Ollice ol the City Clerk April 17, 1992 File #24-79 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30959-041392 amending and reordaining subsection (f) of §32-283, Definitions, subsection (a) of §32-295, Penalty for late remittance or false return, §32-296, Violations of article, and §32-297, Exemptions, of Article XIV, Tax on Prepared Food and Beverage, of Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, to ellminate vending machines from the definition of restaurant; to clarify the method of calculating the penalty for failure to timely file a report or remit the tax to be paid under the article; to provide that any person violating the article shall be guilty of a Class I misdemeanor; and to provide an exemption for food sold from a vending machine. Ordinance No. 30959- 041392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 13, 1992. Mary F. Parker, CMC/AAE City Clerk MFP: sw Eno. pc~ The Honorable Kenneth E. Trabue, Chief Judge, Circuit Court, 305 East Main Street, Salem, Virginia 24153 The Honorable G. O. Clemens, 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 Room 456 Municipal Building 215 Church Avenue, S.w. Roanoke, Virginia 24011 (703) 981-2541 Mr. W. Robert Herbert April 17, 1992 Page 2 pc: 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 The Honorable District Court The Honorable The Honorable The Honorable The Honorable Fred L. Hoback, Jr., Judge, Juvenile and Domestic Relations Edward S. Kidd, Jr., Chief Judge, General District Court Julian H. Raney, Jr., Judge, General District Court Richard C. Pattisal, Judge, General District Court Donald S. Caldwell, Commonwealth's Attorney The Honorable Arthur B. Crush, Clerk, Circuit Court Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Mr. Ronald Albright, Clerk, General District Court Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Mr. Bobby D. Casey, Office of the Magistrate Ms. Clayne M. Calhoun, Law Librarian Mr. Robert L. Laslie, Vice President - Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32304 Ms. Deborah J. Moses, Chief of Billings and Collections The Honorable Jerome S. Howard, Jr., Commissioner of Revenue The Honorable Gordon E. Peters, Treasurer Mr. Joel M. Schlanger, Director of Finance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of April, 1992. No. 30959-041392. AN ORDINANCE amending and reordaining subsection (f) of §32- 283, Definitions, subsection (a) of §32-295, Penalty for late remittance or false return, §32-296, Violations of article, and ~32-297, Exemptions, of Article XIV, Tax on Prepared Food and Beveraqe, of Chapter 32, Taxatioq, Code of the City of Roanoke (1979), as amended, to eliminate vending machines from the definition of restaurant; to clarify the method of calculating the penalty for failure to timely file a report or remit the tax to be paid under this article; to provide that any person violating this article shall be guilty of a Class 1 misdemeanor; to provide an exemption for food sold from a vending machine; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsection (f) of ~32-283, Definitions, subsection (a) of §32-295, Penalty for late remittance or false return, §32-296, Violations of article, and S32-297, Exemptions, of Article XIV, Tax on Prepared Food and Beveraqe, of Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, are hereby amended and reordained as follows: Sec. 32-283. Definitions. (f) Restaurant: Any place in or from which food is sold in the city, including, but not limited to, any restaurant, dining room, grill, coffee shop, cafeteria, cafe, snack bar, lunch counter, delicatessen, confectionery, bakery, eating house, eatery, drugstore, lunch wagon or truck, pushcart or other mobile facility from which food is sold, public or private club, resort, bar or lounge. The word "restaurant" shall not mean a grocery store or supermarket except for any space or section therein designated as a delicatessen or for the sale of prepared sandwiches, delicatessen food or food prepared in a delicatessen. Sec. 32-295. Penalty for late remittance or false return. (a) If any seller whose duty it is to do so shall fail or refuse to file any report required by this article or to remit to the city treasurer the tax required to be collected and paid under this article within the time and in the amount specified in this article, there shall be added to such tax by the city treasurer a penalty in the amount of ten (10) percent if the failure is not for more than thirty (30) days, with an additional ten (10) percent of the total amount of tax owed for each additional thirty (30) days or fraction thereof during which the failure continues, not to exceed twenty-five (25) percent in the aggregate, with a minimum penalty of two dollars ($2.00). Sec. 32-296. Violations of article. Any person violating, failing, refusing or neglecting to comply with any provision of this article shall be guilty of a Class 1 misdemeanor. Conviction of such violation shall not relieve any person from the payment, collection or remittance of the taxes provided for in this article. An agreement by any person to pay the taxes provided for in this article by a series of installment payments shall not relieve any person of criminal liability for violation of this article until the full amount of taxes agreed to be paid by such person is received by the treasurer. Each failure, refusal, neglect or violation, and each day's continuance thereof, shall constitute a separate offense. Sec. 32-297. Exemptions. The following purchases of food shall not be subject to the tax under this article: (1) (2) (3) (4) (5) (6) (7) (8) 2. municipal ordinance Food furnished by restaurants to employees as part of their compensation when no charge is made to the employee. Food sold by nonprofit day care centers, public or private elementary or secondary schools or food sold by any college or university to its students or employees. Food for use or consumption by the commonwealth, any political subdivision of the commonwealth or the United States. Food furnished by a hospital, medical clinic, convalescent home, nursing home, home for the aged, infirm or handicapped or other extended care facility to patients or residents thereof. Food furnished by a nonprofit charitable organization to elderly, infirm, handicapped or needy persons in their homes or at central locations. Food sold by a nonprofit educational, charitable or benevolent organization on an occasional basis as a fund-raising activity or food sold by a church or religious body on an occasional basis. Any other sale of food which is exempt from taxation under the Virginia Retail Sales and Use Tax Act, or administrative rules and regulations issued pursuant thereto. Food sold from a vending machine. In order to provide for the usual daily operation of the government, an emergency is deemed to exist, and this shall be in full force and effect upon its passage. ATTEST: City Clerk. 3 April 13, 1992 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger, Director of Finance Recommended Changes to Prepared Food and Beverage Tax Ordinance Section 32-295 of the Code of the City of Roanoke (1979), as amended, provides for the calculation of penalties on late remittances of the Tax on Prepared Food and Beverages. The current code states that the penalties are to be calculated based on the sum of both. the tax and penalty. In practice, the penalty is calculated as a percentage of the tax due and is not assessed as a percentage of both the tax and penalty. Most other penalties provided for by the City Code are assessed as either a flat fee or as a percentage of the tax due. In order to have the Meals Tax penalty assessment in line with other penalties assessed by the City, I recommend to you adoption of the attached ordinance. The language of this ordinance reflects the method by which penalties are assessed in practice. Section 32-296 of the Code of the City of Roanoke (1979), as amended, provides for a Class 3 Misdemeanor for persons violating, failing, refusing or neglecting to comply with provisions of the Code for the Tax on Prepared Food and Beverages. A Class 3 Misdemeanor provides for a fine of up to $500.00. In order to assure compliance with the Code and strengthen enforcement efforts, I recommend the upgrading of the penalty to a Class 1 Misdemeanor. A Class 1 Misdemeanor provides for a fine of not more than $2,500.00 and of not more than twelve months in jail for either or both. Honorable Mayor and Members of City Council April 13, 1992 Page 2 Entities entrusted with collecting this tax are acting as agents of the City. If they do not transmit these funds to the City, the entity is actually holding or using funds which are not theirs. This is very serious and should not be taken lightly. I strongly feel that the increase in fine/penalty will strengthen the City's efforts on collections. In 1989, the Code of Virginia was amended to prohibit the imposition of the prepared food and beverage tax on items sold through vending machines. On the advice of the City Attorney, the food and beverage tax has not been applied to vending machine sales since July 1, 1989, the effective date of the State prohibition. The attached amendment updates the Code of the City of Roanoke to reflect this prohibition. Accordingly, I recommend to you adoption of this amendment. I will be pleased to answer any questions that you might have on this matter. JMS:s Attachment cc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Office of the City Clerk April 17, 1992 File #183-472-20-268 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30962-041392 accepting bids submitted by Bergiund Chevrolet, Inc., Truck Body Corporation, Magic City Motor Corporation, Roanoke Welding Company, Sanco-Division of Heil Company, Dominion Car Company and Farrell Ford-Pontiac to provide trucks and related equipment for use by various Public Works, Grounds Maintenance and Utility Line Services departments. Resolution No. 30962-041392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 13, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw EFIC o pcl Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director, Public Works Mr. William L. Stuart, Manager, Street Maintenance Mr. James A. McClung, Manager, Motor Vehicle Maintenance Mr. Kit B. Kiser, Director, Utilities and Operations Mr. Jesse H. Perdue, Jr., Manager, Utility Line Services Mr. Robert K. Bengtson, Acting Manager, Signals and Alarms Mr. George C. Snead, Jr., Director, Administration and Public Safety Mr. Gary N. Fenton, Manager, Parks and Recreation/Grounds Maintenance Mr. Barry L. Key, Manager, Office of Management and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk April 17, 1992 File #183-472-20-268 Mr. James Akers General Manager Roanoke Welding Company 2016 Russeli Avenue, S. W. Roanoke, Virginia 24015 Dear Mr. Akers: I am enclosing copy of Resolution No. 30962-041392 accepting bids submitted by Bergiund Chevrolet, Inc., Truck Body Corporation, Magic City Motor Corporation, Roanoke Welding Company, Sanco-Division of Heil Company, Dominion Car Company and Farrell Ford-Pontiac to provide trucks and related equipment for use by various Public Works, Grounds Maintenance and Utility Line Services departments. Resolution No. 30962-041392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 13, 1992. MFP: sw Enc. Sincerely, f?_~ Mary F. Parker, CMC/AAE City Clerk Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk April 17, 1992 File #183-472-20-268 Mr. Jesse B. Sellers, Jr. Fleet Manager Farrell Ford-Pontiac 834 E. Main Street Salem, Virginia 24153 Dear Mr. Sellers: I am enclosing copy of Resolution No. 30962-041392 accepting bids submitted by Berglund Chevrolet, Inc., Truck Body Corporation, Magic City Motor Corporation, Roanoke Welding Company, Santo-Division of Heil Company, Dominion Car Company and Farrell Ford-Pontiac to provide trucks and related equipment for use by various PubLic Works, Grounds Maintenance and Utility Line Services departments. Resolution No. 30962-041392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 13, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc o Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City C~erk April 17, 1992 File #183-472-20-268 Mr. J. Richard Warren Territory Manager Sanco-Division of Heil Company P. O. Box 8676 Chattanooga, Tennessee 37411 Dear Mr. Warren: I am enclosing copy of Resolution No. 30962-041392 accepting bids submitted by Berglund Chevrolet, Inc., T~uck Body Corporation, Magic City Motor Corporation, Roanoke Welding Company, Sanco-Division of Heil Company, Dominion Car Company and Farrell Ford-Pontiac to provide trucks and related equipment for use by various Public Works, Grounds Maintenance and Utility Line Services departments. Resolution No. 30962-041392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 13, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. Room 456 Municipal Building 215 Church Avenue. S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk April 17, 1992 File #183-472-20-268 Ms. Deborah M. Beck, President Cavalier Equipment Company P. O. Box 12507 Roanoke, Virginia 24026 Dear Ms. Beck: I am enclosing copy of Resolution No. 30962-041392 accepting bids submitted by Berglund Chevrolet, Inc., Truck Body Corporation, Magic City Motor Corporation, Roanoke Welding Company, Sanco-Division of Heil Company, Dominion Car Company and Farrell Ford-Pontiac to provide trucks and related equipment for use by various Public Works, Grounds Maintenance and Utility Line Services departments. Resolution No. 30962-041392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 13, 1992. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed vehicular equipment. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 991.2541 Office of the City Clerk April 17, 1992 File //183-472-20-268 Mr. Daie S. Jones Vice President McCormack International Trucks P. O. Box 12087 Roanoke, Virginia 24022 Dear Mr. Jones: I am enclosing copy of Resolution No. 30962-041392 accepting bids submitted by Bergiund Chevrolet, Inc., Truck Body Corporation, Magic City Motor Corporation, Roanoke Welding Company, Sanco-Division of Heil Company, Dominion Car Company and Farrell Ford-Pontiac to provide trucks and related equipment for use by various Public Works, Grounds Maintenance and Utility Line Services departments. Resolution No. 30962-041392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 13, 1992. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed vehicular equipment. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw El'lC. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk April 17, 1992 File #183-472-20-268 Mr. Robert F. Kaplan Vice President Dominion Car Company 1259 E. Main Street Salem, Virginia 24153 Dear Mr. Kaplan: I am enclosing copy of Resolution No. 30962-041392 accepting bids submitted by Bergiund Chevrolet, Inc., Truck Body Corporation, Magic City Motor Corporation, Roanoke Welding Company, Sanco-Division of Hell Company, Dominion Car Company and Farrell Ford-Pontiac to provide trucks and related equipment for use by various Public Works, Grounds Maintenance and Utility Line Services departments. Resolution No. 30962-041392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 13, 1992. Sincerely, /~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk April 17, 1992 File #183-472-20-268 Mr. Pete Witt Sales Representative Virginia Truck Center P. O. Box 7178 Roanoke, Virginia 24019 Dear Mr. Witt: I am enclosing copy of Resolution No. 30962-041392 accepting bids submitted by Berglund Chevrolet, Inc., Truck Body Corporation, Magic City Motor Corporation, Roanoke Welding Company, Sanco-Division of Heil Company, Dominion Car Company and Farrell Ford-Pontiac to provide trucks and related equipment for use by various Public Works, Grounds Maintenance and Utility Line Services departments. Resolution No. 30962-041392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 13, 1992. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed vehicular equipment. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Eno o Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk April 17, 1992 File #183-472-20-268 Mr. James C. Falweli Vice President Truck Body Corporation P. O. Box 10906 Lynchburg, Virginia 24506 Dear Mr. Falwell: I am enclosing copy of Resolution No. 30962-041392 accepting bids submitted by Berglund Chevrolet, Inc., Truck Body Corporation, Magic City Motor Corporation, Roanoke Welding Company, Sanco-Division of Heil Company, Dominion Car Company and Farrell Ford-Pontiac to provide trucks and related equipment for use by various Public Works, Grounds Maintenance and Utility Line Services departments. Resolution No. 30962-041392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 13, 1992. Sincerely, MFP: sw Enc. Mary F. Parker, CMC/AAE City Clerk Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk April 17, 1992 File #183-472-20-268 Mr. Ken D. Spangier Fleet Manager Bergiund Chevrolet, Inc. 1824 Williamson Road, N. W. Roanoke, Virginia 24012 Dear Mr. Spangler: I am enclosing copy of Resolution No. 30962-041392 accepting bids submitted by Bergiund Chevrolet, Inc., Truck Body Corporation, Magic City Motor Corporation, Roanoke Welding Company, Sanco-Division of Heil Company, Dominion Car Company and Farrell Ford-Pontiac to provide trucks and related equipment for use by various Public Works, Grounds Maintenance and Utility Line Services departments. Resolution No. 30962-041392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 13, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc o Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk April 17, 1992 File #183-472-20-268 Mr. Paul Grim Truck Fleet Manager Magic City Motor Corporation P. O. Box 12807 Roanoke, Virginia 24028 Dear Mr. Grim: I am enclosing copy of Resolution No. 30962-041392 accepting bids submitted by Bergiund Chevrolet, Inc., Truck Body Corporation, Magic City Motor Corporation, Roanoke Welding Company, Sanco-Division of Hell Company, Dominion Car Company and Farrell Ford-Pontiac to provide trucks and related equipment for use by various Public Works, Grounds Maintenance and Utility Line Services departments. Resolution No. 30962-041392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 13, 1992. Sincerely, ~...~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc, Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk April 17, 1992 File #183-472-20-268 Mr. Ronald Lipman Sales Representative Truck Enterprises P. O. Box 472 Harrisonburg, Virginia 22801 Dear Mr. Lipman: I am enclosing copy of Resolution No. 30962-041392 accepting bids submitted by Bergiund Chevrolet, Inc., Truck Body Corporation, Magic City Motor Corporation, Roanoke Welding Company, Santo-Division of Heft Company, Dominion Car Company and Farrell Ford-Pontiac to provide trucks and related equipment for use by various Public Works, Grounds Maintenance and Utility Line Services departments. Resolution No. 30962-041392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 13, 1992. On behalf of the Mayor and Members of City Council, I would Hke to express appreciation for submitting your bid on the abovedescribed vehicular equipment. Sincerely, ~L.~-..c.~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk April 17, 1992 File #183-472-20-268 Mr. J. B. Young, President General Truck Body Company 1919 10th Street, N. W. Roanoke, Virginia 24012 Dear Mr. Young: I am enclosing copy of Resolution No. 30962-041392 accepting bids submitted by Berglund Chevrolet, Inc., Truck Body Corporation, Magic City Motor Corporation, Roanoke Welding Company, Saneo-Division of Heil Company, Dominion Car Company and Farrell Ford-Pontiac to provide trucks and related equipment for use by various Public Works, Grounds Maintenance and Utility Line Services departments. Resolution No. 30962-041392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 13, 1992. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed vehicular equipment. Sincerely, ~k~_~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc o Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 13th day of April, 1992. No. 30962-041392. VIRGINIA, A RESOLUTION accepting bids made to the City for furnishing and delivering certain trucks and related equipment, and rejecting all other bids made to the City for such equipment. BE 1. furnish IT RESOLVED by the Council of the City of Roanoke that: The bids in writing of the following named bidders to to the City the items hereinafter set out and generally described, such items being more particularly described in the City's specifications and any alternates and in each bidder's proposal, are hereby ACCEPTED, at the purchase prices set out with each item: Item Quantity and Number Description Successful Bidder Purchase Price 1 One (1) New Berglund $ 16,914.36 Cab/Chassis 15,000 Chevrolet, Inc. G.V.W. 2 One (1) New 10 Foot Flat Stake Body to be mounted on Item #1 3 One (1) New Cab/Chassis for 1 Ton Dump Body 4 One (1) 10 Foot Dump Body to be mounted on Item #3 5 Nine (9) New 10 Ton Dump Truck Cab/Chassis Truck Body $ 1,294.12 Corporation Magic City Motor Corporation Roanoke Welding Company Magic City Motor Corporation $ 11,679.00 $ 3,400.00 $295,013.97 Item Quantity and Successful Bidder Purchase Price Number Description 6 7 Nine (9) New 10 Ton Dump Bodies to be mounted on Item #5 Five (5) New Midsize Pick Up Trucks 8 One (1) New Seven Passenger Mini Van 9 One (1) New 3/4 Ton Pick Up Truck 10 Two (2) New 3/4 Ton Pick Up Truck Cab/Chassis 11 Two (2) New Utility Bodies to be mounted on above 3/4 Ton Cab/Chassis Sanco-Division of Hell Company $ 46,665.00 Dominion Car $ 52,375.65 Company Magic City Motor $ 14,763.00 Corporation Dominion Car $ 12,999.99 Company Farrell Ford- $ 24,472.00 Pontiac Truck Body $ 4,687.52 Corporation 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase orders for the above-mentioned items, said purchase orders to be made and filed in accordance with the City's specifications, the respective bids made therefor and in accordance with this resolution. 3. Any and all other bids made to the City for the aforesaid items are hereby REJECTED; and the City Clerk is directed to so notify each such bidder and to express to each the City's appreciation for each bid. ATTEST: City Clerk. Office of the City Clerk Aprli 17, 1992 File #60-472-183-20-268 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30961-041392 amending and reordaining certain sections of the 1991-92 General and Internal Service Funds Appropriations, transferring funds in connection with acceptance of certain bids to provide trucks and related equipment for use by various Public Works, Grounds Maintenance and Utility Line Services departments. Ordinance No. 30961-041392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 13, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc: Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director, Public Works Mr. William L. Stuart, Manager, Street Maintenance Mr. James A. McClung, Manager, Motor Vehicle Maintenance Mr. Kit B. Kiser, Director, Utilities and Operations Mr. Jesse H. Perdue, Jr., Manager, Utility Line Services Mr. Robert K. Bengtson, Acting Manager, Signals and Alarms Mr. George C. Snead, Jr., Director, Administration and Public Safety Mr. Gary N. Fenton, Manager, Parks and Recreation/Grounds Maintenance Mr. Barry L. Key, Manager, Office of Management and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 AN 1991-92 providing for an emergency. IN THE COUNCIL OF THB CITY OF ROANOKE, VIRGINIA The 13th day of April, 1992. No. 30961-041392. ORDINANCE to amend and reordain certain sections of the General and Internal Service Funds Appropriations, and Roanoke that certain sections of the 1991-92 General and Service Funds Appropriations, be, and the same are amended and reordained to read as follows, in part: 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 Internal hereby, A o riations Public Works Parks and Ground Maintenance (1) .................. Street Maintenance (2) ...... ~ ..................... Signals and Alarms (3) ............................ Building Maintenance (4) .......................... Non-departmental Contingency - General Fund (5) .................... Fund Balanc9 Capital Maintenance and Equipment Replacement Program - City Unappropriated (6) ................. I~ternal 8ervioe F~Dd A ro iat'ons $19,991,995 3,188,474 2,644,741 635,040 3,169,268 11,975,818 450,909 $ 221,792 Utility Line Service $ 2,709,383 Capital Outlay (7) ................................ 239,123 Re~&~aed E&r~i~q~ Retained Earnings - Unrestricted (8) ................ $ 2,770,900 1) Vehicular Equipment 2) Vehicular Equipment 3) Vehicular Equipment 4) Vehicular Equipment 5) Equipment Replacement Contingency 6) CMERP - City Unappropriated 7) Vehicular Equipment 8) Retained Earnings Unrestricted (001-050-4340-9110) (001-052-4110-9110) (001-052-4160-9110) (001-052-4330-9110) $ 264,090 151,858 14,580 39,159 (001-002-9410-2202) (466,091) (001-3323) ( 3,596) (006-056-2625-9010) 14,580 (006-3336) ( 14,580) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Roanoke, Virginia April 6, 1992 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bids on Trucks and Related Equipment, Bid No. Please reserve space on Council's agenda Monday, 1992, pertaining to the above subject. Respectfully submitted, W. Robert Herbert City Manager WRH:mp cc: City Attorney Director of Finance 92-2-84 April 6, Roanoke, Virginia April 6, 1992 Honorable Mayor and City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: Bids to Purchase Trucks and Related Equipment, Bid No. 92-2-84 and Fund Appropriation I. Background February, 1992, specifications were developed for Trucks and Related Equipment that have been identified, in Public Works, Grounds Maintenance and Utility Line Services, for replacement. Bo Request for Quotations were specifically sent to twenty-six (26) vendors currently listed on the City's bid list. A public advertisement was also published in the Roanoke Times and World News. Co Bids were received after due and proper advertisement, until 2:00 p.m. on March 5, 1992, at which time all bids appropriately received, were publicly opened and read in the Office of the Manager of General Services. II. Current Situation A. Twelve (12) bid responses were received. Bid tabulations are attached. All bids received were evaluated in a consistent manner by representatives of the following Departments: Public Works Fleet Management General Services Trucks and Related Equipment Bid No. 92-2-84 Page 2 Bid evaluation results are as follows: Item #1 - One (1) New Cab/Chassis 15,000 G.V.W. for Building Maintenance Department. The lowest bid submitted by Farrell Ford-Pontiac took exception to required alternator and fuel tank size. Those exceptions are significant and cannot be waived as informalities. The second lowest bid submitted by Berglund Chevrolet, Inc. meets all required specifications. Item #2 - One (1) 10 Foot Flat Stake Body, for Building Maintenance Department, to be mounted on Item #1. The lowest bid, submitted by Truck Body Corporation meets all required specifications. Item #3 - One (1) New Cab/Chassis for 1 Ton Dump Body for Parks and Grounds Department. The lowest bid submitted by Farrell Ford-Pontiac took exceptions to wheels and front bumper. These exceptions are significant and cannot be waived as informalities. The second lowest bid submitted by Magic City Motor Corporation meets all required specifications. Item #4 - One (1) 10 Foot Dump Body for Parks and Grounds Department, to be mounted on Item #3. The lowest bid submitted by Roanoke Welding Company meets all required specifications. Trucks and Related Equipment Bid No. 92-2-84 Page 3 Item #5 - Item #6 - Item #7 - Item #8 - Nine (9) New Cab/Chassis for 10 Ton Dump Body. Four (4) units are for Street Maintenance and five (5) units are for Parks and Grounds. The lowest bid submitted by Truck Enterprises took exception to Engine, Generator, Starter Motor and Engine Coolant Heater. These exceptions are significant and cannot be waived as informalities. The second lowest bid, submitted by Berglund Chevrolet, Inc. took exception to Front Auxiliary Springs, Air Dryer and Engine Coolant Heater. These exceptions are significant and cannot be waived as informalities. The third lowest bid submitted by Magic City Motor Corporation meets all required specifications. Nine (9) New 10 Ton Dump Bodies, four (4) units for Street Maintenance and five (51 units for Parks and Grounds, to be mounted on Item #5. The lowest bid submitted by Sanco-Division of Hell Company meets all required specifications. Five (5) New Midsize Pick Up Trucks. Three (3) units are for Parks and Grounds and two (2) units are for Building Maintenance. The lowest bid submitted by Dominion Car Company meets all required specifications. One (1) New Seven Passenger Mini Van for Parks and Grounds Department. The lowest bid, submitted by Magic City Motor Corporation, meets all required specifications. Trucks and Related Equipment Bid No. 92-2-84 Page 4 III. Issues Item #g - Item #10 - Item #11 - Item #12 - One (1) New 3/4 Ton Pick Up Truck for Parks and Grounds Department. The lowest bid, submitted by Dominion Car Company meets all required specifications. Four (4) New 1-Ton Crew Cab Pick Up Trucks. Two (21 units are for Street Maintenance and two (2) units are for Parks and Grounds. No bids were received due to manufacturer cut off of new orders for this piece of equipment. These units will be readvertised and rebid. Request appropriation of Funds. Two (2) New 3/4 Ton Pick Up Truck Cab/Chassis. One (1) unit is for Utility Line Services and one (1) unit is for Signals and Alarms. The lowest bid submitted by Farrell Ford-Pontiac meets all required specifications. Two (2) New Utility Bodies, one (1) unit for Utility Line Services and one Il) unit for Signals and Alarms, to be mounted on Item #11. The lowest bid submitted by Truck Body Corporation meets all required specifications. Need Compliance with Specifications Fund availability Trucks and Related Equipment Bid No. 92-2-84 Page 5 IV. Alternatives ao Council accept the lowest responsible bids meeting specifications for Trucks and Related Equipment as follows: Item #1 - One (1) New Cab/Chassis, 15,000 G.V.W. as submitted by Berglund Chevrolet, Inc. for the total cost of $16,914.36. Item #2 - One (1) New 10 Foot Flat Stake Body to be mounted on Item #1 as submitted by Truck Body Corporation for the total cost of $1,294.12. o Item #3 - One (1) New Cab/Chassis for 1-Ton Dump Body as submitted by Magic City Motor Corporation for the total cost of $11,679.00. Item #4 - One (1) 10 Foot Dump Body to be mounted on Item #3 as submitted by Roanoke Welding Company for the total cost of $3,400.00. o Item #5 - Nine (9) New Cab/Chassis for 10 Ton Dump Body as submitted by Magic City Motor Corporation for the total cost of $295,013.97. o Item #6 - Nine (9) New 10 Ton Dump Bodies to be mounted on Item #5 as submitted by Sanco-Division of Hell Company for the total cost of $46,665.00. Item #7 - Five (5) New Midsize Pick Up Trucks as submitted by Dominion Car Company for the total cost of $52,375.65. Item #8 - One (1) New Seven Passenger Mini Van as submitted by Magic City Motor Corporation for the total cost of $14,763.00. Truoks and Related Equipment Bid No. 92-2-84 Page 6 Bo Item #9 - One (1) New 3/4 Ton Pick Up Truck as submitted by Dominion Car Company for the total cost of $12,999.99. 10· Item #11 - Two (2) New 3/4 Ton Pick Up Truck Cab/Chassis as submitted by Farrell Ford-Pontiac for the total cost of $24,472.00. 11. Item #12 - Two {2) New Utility Bodies to be mounted on Item #11 as submitted by Truck Body Corporation for the total cost of $4,687.52. a) Need - Requested Equipment which will replace old existing equipment, and is needed to continue to perform required duties in various Public Works, Grounds Maintenance and Utility Line Services Departments. b) Compliance with Specifications - Those bids recommended by this alternative are the lowest responsible bids that meet specifications. c) Fund availability - Funds are available in the Capital Maintenance and Equipment Replacement Account, General Fund Contingency for Replacement Account and Internal Service Fund Retained Earnings. Reject all Bids Need - Required duties in various Public Works Departments would not be accomplished in the most timely fashion. Compliance with Specifications - would not be a factor in this alternative. 3. Fund availability - Available Funds would not be expended. Trucks and Related Equipment Bid No. 92-2-84 Page 7 Recommendations Council concur with Alternative "A" accept the lowest responsible bids meeting specifications for Trucks and Related Equipment as follows: One (1) New Cab/Chassis, 15,000 G.V.W. from Berglund Chevrolet, Inc. for a cost of $16,914.36. One (1) New 10 Foot Flat Stake Body to be mounted on Item #1, from Truck Body Corporation for a cost of $1,294.12. One (1) New Cab/Chassis for 1 Ton Dump Body from Magic City Motor Corporation for a cost of $11,679.00. One (1) 10 Foot Dump Body to be mounted on Item ~3, from Roanoke Welding Company for a cost of $3,400.00. Nine (9) New 10 Ton Dump Truck Cab/Chassis from Magic City Motor Corporation for a total cost of $295,013.97. Nine (9) New 10 Ton Dump Bodies to be mounted on Item #5, from Sanco-Division of Heil Company for the total cost of $46,665.00. Five (5) New Midsize Pick Up Trucks from Dominion Car Company for the total cost of $52,375.65. One (1) New Seven Passenger Mini Van as from Magic City Motor Corporation for a cost of $14,763.00. One (1) New 3/4 Ton Pick Up Truck from Dominion Car Company for a cost of $12,999.99. 10. Two (2) New 3/4 Ton Pick Up Truck Cab/Chassis from Farrell Ford-Pontiac for a total cost of $24,472.00. Trucks and Related Equipment Bid No. 92-2-84 Page 8 11. Two (2) New Utility Bodies to be mounted on above 3/4 Ton Cab/Chassis from Truck Body Corporation for a total cost of $4,687.52. Transfer $466,091.00 from General Fund Contingency For Equipment Replacement and Appropriate $3,593.85 from Capital Maintenance and Equipment Replacement Program as follows: $39,158.74 to Building Maintenance Account 001-052-4330-9010 $264,089.03 to Parks and Grounds Account 001-050-4340-9010 $151,857.32 to Street Department Account 001-052-4110-9010 $14,579.76 to Signals and Alarms Department Account 001-052-4160-9010 Appropriate $14,579.60 from Internal Services Retained Earnings to Utility Line Services Account 006-056-2625-9010. Reject all other Bids. Respectfully Submitted, W. Robert Herbert City Manager cc: City Attorney Director of Finance 0 o o o o o 0 o o o o 0 o o o 0 o Office of the City Clerk April 17, 1992 File #166-450-255 Mr. John Moticha Vice-President of Operations Orvis Roanoke, Inc. P. O. Box 1200 Roanoke, Virginia 24002-8008 Dear Mr. Moticha: I am enclosing copy of Ordinance No. 30929-041392 authorizing extension of the lease agreement between the City and Orvis Roanoke, Inc., for premises located in the Market Square Parking Garage building at 19 Campbell Avenue, for a period of five years, commencing September 1, 1992 to August 31, 1997, at a base monthly rent of $700.00 for the first year, with an annual adjustment based upon the Consumer Price Index for years two through five, and upon such other terms and conditions 'as are deemed to be in the City's best interest, as more particularly set forth in a report Of the Water Resources Committee under date of April 6, 1992. Ordinance No. 30929- 041392 was adopted by the Council of the City of Roanoke on first reading on Monday, April 6, 1992, also adopted by the Council on second reading on Monday, April 13, 1992, and will take effect ten days following the date of its second reading. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc: Mr. Robert Bryant, Retail Store Manager, Orvis Roanoke, Inc., 19 Campbell Avenue, Roanoke, Virginia 24011 Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 13th day of April, 1992. No. 30929-041392. VIRGINIA, AN ORDINANCE authorizing extension of the lease agreement between the City and Orvis Roanoke, Inc., for the premises located in the Market Square Parking Garage building, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, an extension of the lease agreement for the premises in the Market Square Parking Garage building at 19 Campbell Avenue, such lease extension to be for a period of five years from September 1, 1992 to August 31, 1997, at a base monthly rent of $700.00 per month for the first year, with an annual adjustment based upon the Consumer Price Index for years two through five, and upon such other terms and conditions as are deemed to be in the City's best interest, as more particularly set forth in the report to this Council dated April 6, 1992. ATTEST: City Clerk. Roanoke, Virginia April 6, 1992 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Market Square Garage Lease with Orvis Roanoke, Inc. The attached staff report was considered by the Water Resources Committee at its meeting on March 23, 1992. The Committee recommends that Council authorize the extension of the lease agreement between the City and Orvis Roanoke, Inc., at 19 Campbell Avenue, for a period of five years from September 1, 1992 to August 31, 1997, stated in the attached report. ETB:KBK:afm Attachment CC: City Manager City Attorney Director of Finance Director of Utilities & Operations Director of Public Works Office of Economic Development Billings & Collections in accordance with the conditions Respectfully submitted, Rliz~ T. Bowies, Chairman Water Resources Committee INTERDEP~TMENTAL COMMUNICATION DATE: March 23, 1992 TO: Members, ~ater Resources Committee FROM: B Kiser, Director of,~ities and Operations through W. Robert Herbert,U~T!fty Manager SUBJECT: MARKET SQUARE GARAGE LEASE WITH ORVIS ROANOKE, INC. I. BACKGROUND: Orvis Roanoke, Inc. currently leases approximately 3000 square feet of retail space from the City of Roanoke in the Market Square Garage (19 Campbell Avenue). Terms of the lease agreement call for the lease to expire on September 1, 1992. Rent on the space has been calculated using a base rent of $350 per month plus a percentage of retail sales. Rent collected for 1991 was: 12 mo. x $350/mo. = $4,200 % of sales ~ 4,957 TOTAL RENT $9,157 II. CURRENT SITUATION: III. Orvis Roanoke, Inc. desires to renew the lease for a five year period to insure the continuation of their retail store operation. (See attached letter.) Terms of the lease including the percentage of sales to be paid to the City as rent would remain the same except for the following changes: Base monthly rent would increase from $350/month to $700/month in the first year of the lease renewal. Annual CPI adjustment on the base monthly rent would be made in years 2-5 of the lease. ISSUES: A. Timinq. B. Economic Development. Page 2 C. Income to the City. IV. ALTER_NATIVES: Committee recommend that City Council authorize the extension of the lease agreement between the City and Orvis Roanoke, Inc., at 19 Campbell Avenue for a period of five years from September 1, 1992 to August 31, 1997, in a form approved by the City Attorney. Timinq would be met by Orvis to ensure continuous operation of their retail operation at 19 Campbell Avenue. Economic Development in the City would be enhanced. The City's desire to maintain a quality retail tenant in the Market Garage would be fulfilled. Income to the City would continue and escalate at least $4,200/yr. due to the increase in base monthly rent. Committee not recommend that City Council authorize the extension of the lease agreement between the City and Orvis Roanoke, Inc. 1. Timing for Orvis Roanoke, Inc. would not be met. Economic Development opportunity in the downtown Market Area would be lost. 3. Income to the City could be jeopardized. V. RECOMMENDATION: Committee recommend that city Council authorize the extension of the lease agreement between the City and Orvis Roanoke, Inc., at 19 Campbell Avenue for a period of five years from September 1, 1992 to August 31, 1997, in a form approved by the City Attorney. WRH/EDC:kkd cc: Director of Finance City Attorney Manager, Management and Budget Director of Utilities and Operations Director of Public Works Billings and Collections AMERICA'S OL~ MAIL DER COMPANY A SPORTING TRADITION SINCE 1856 Office Economic De elopmm 27, t992 ~r. Douglas Chittum Econo. Lc OeveZopuent Spec~aliet 21~ Church Avenue SVRoanoke, VA 24012 Dear Doug: Pursuant to our telephone diecussio~ regerdinS the lease bet~reen the City of Roanoke and Orris on 19 Campbell Avenue, imowu em the NaZ, Em~ Square Parking Garage, I would like to eumarize our diecueton8, We, at Orvb, desire to renev the lease. RoVevez, due to tim oeeueulc perfonmuee of the score, ~ are ukius a fiual off~. b ~ ~oeable to lea~ng a~ the te~ o~ the lease ~b om ~ept f~ are also 8~e~le to ~ a~l ~ ad, no.ut on cb ~thly ~ mt start~s ~Ch tb u~ lease. We need to know fairly esau if this proposal ts sgreeablo a~tce ~ t~e Is short 1~ w md tonka other plane. Please let am know ~y~ need further details on the p~.. $1ne~e~:I ~' Office of the City Clerk April 17, 1992 File #122-169 Mr. Edward A. Natt, Attorney Osterhoudt Ferguson Natt Aheron and Agee P. O. Box 20068 Roanoke, Virginia 24018 Dear Mr. Natt: I am enclosing copy of Ordinance No. 30944-041392 authorizing a license agreement with Donald F. Taylor to permit automobile racing at Victory Stadium on May 1, 1992, June 12, 1992, July 10, 1992, July 17, 1992, July 24, 1992, August 7, 1992, August 21, 1992, and September 7, 1992, subject to certain terms and conditions as set forth in a report of the City Manager under date of April 6, 1992. Ordinance No. 30929-041392 was adopted by the Council of the City of Roanoke on first reading on Monday, April 6, 1992, also adopted by the Council on second reading on Monday, April 13, 1992, and will take effect ten days following the date of its second reading. Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc: Mr. Donaid F. Taylor, F.C.S. Enterprises, Inc., 2823 Williamson Road, N. E., Roanoke, Virginia 24012 Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk April 17, 1992 File #122-169 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30944-041392 authorizing a license agreement with Donald F. Taylor to permit automobile racing at Victory Stadium on May 1, 1992, June 12, 1992, July 10, 1992, July 17, 1992, July 24, 1992, August 7, 1992, August 21, 1992, and September 7, 1992, subject to certain terms and conditions as set forth in a report of the City Manager under date of April 6, 1992. Ordinance No. 30929-041392 was adopted by the Council of the City of Roanoke on first reading on Monday, April 6, 1992, also adopted by the Council on second reading on Monday, April 13, 1992, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Ene. pc; Mr. J~ . Schlanger, Director of Finance Mr. George C. Snead, Jr., Director, Administration and Public Safety Mr. Gary N. Fenton, Manager, Parks and Recreation/Grounds Maintenance Ms. Lauren G. Eib, Risk Management Officer Mr. Wiliiam F. Clark, Director, Public Works Ms. Dolores C. Daniels, Assistant to the City Manager for Community Relations Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of April, 1992. No. 30944-041392. AN ORDINANCE granting a license agreement for automobile racing at Victory Stadium, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager and the City Clerk are hereby authorized to execute and attest, respectively, for and on behalf of the City, a license agreement with Donald F. Taylor to permit automobile racing at Victory Stadium on the following dates: May 1, 1992, June 12, 1992, July 10, 1992, July 17, 1992, July 24, 1992, August 7, 1992, August 21, 1992, and September 7, 1992, subject to the terms and ~onditions of the agreement. 2. The license agreement shall contain provisions outlined in the attachment to the April 6, 1992, report of the City Manager to Council and such other provisions as the City Manager shall determine to be appropriate, and the form of the agreement shall be approved by the City Attorney. ATTEST: City Clerk. Roanoke, Virginia April 6, 1992 Honorable Mayor Noel C. Taylor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: SUBJECT: ~992 AUTO RACING AGREEMENT I. BACKGROUND: ae Mr. Donald F. Taylor appeared before City Council on January 13, 1992, and requested permission to conduct twenty (20) racing events at Victory Stadium between May and September, 1992. City Council approved eight (8) 1992 auto racing dates on February 10, 1992, directing City staff to develop an appropriate license agreement with the Promotor and his attorney, and bring the agreement back to Council for approval by April 6, 1992. Racinq dates for 1992 are: Fridays, May 1, June 12, July 10, 17 and 24, and August 7 and 21, and Monday, September 7 (Labor Day). II. CURRENT SITUATION: City staff have met with the promoter to consider his proposals in regard to the 1992 racing season, and establish guidelines to assure the protection of spectators and property. III. ISSUES AND REQUIReMeNTS: B. C. D. Safety of person and property Insurance Financial Accountability Noise E. Parkinq Mayor and Members of Council April 6, 1992 Page 2 IV. ALTERNATIVES: City Council authorize the City Manager to enter into a license agreement with the promoter, as prepared by the City Attorney, in order to address the above issues in regard to auto racing in Victory Stadium. Safety of person and property: Stipulations regarding guards rails, protective barriers, and fencing, are being established, but in all cases will be provided, installed and removed entirely at the Promoter's expense. Promoter will also be responsible for providing cost of Security personnel and emergency medical crews, the requirements of which will also be set by the City. Insurance: Commercial General Liability Insurancm with minimum limits of $3,000,000 shall be provided by the promoter. Life, Health, Accident, and Disability Insurance shall be provided by promoter, with minimum limits of $100,000 per person for all participants, including drivers, pit crews and track officials. Insurance certificates covering the entire 1992 race season must be received in City Risk Management office by 5 PM, Friday, April 17, 1992. 3e Financial Accountability: City staff shall maintain direct control of ticket sales and oversee admissions at both the gates and pit area. Expenses for staff, security, damages and other related costs will be recovered from race receipts prior to making final payment, if any, to promoter. Promoter must deliver to City Risk Management Office a $5,000 deposit by 5 PM Friday, April 17, 1992, to assure payment of any expenses incurred by City which are not covered by gate Mayor and Members of Council April 6, 1992 Page 3 receipts. Any portion of this deposit expended for any race event must be replenished at the Office of Risk Manager within two (2) working days following that event. Noise: ae Mufflers will be required on all racing vehicles. Public address speakers will be directed only to the west stands (which will be the only seating available to spectators) in an effort to reduce "noise overflow" into adjacent neighborhoods. An evaluation of this effort will be made during the first race, and consideration given to requiring promoter to provide an on-the-field speaker system for each subsequent race event, should the initial efforts at reducing "noise overflow" prove inadequate. Parking: Attendance at the 1991 racing season revealed little need for a detailed parking plan. The need for development of such a plan will be evaluated following each event. Should it be needed, any expenses associated with parking and shuttle service will be paid by promoter. Be City Council not authorize the City Manager to enter into a license agreement with the promoter. 1. Safety of Person and Property would not be an issue. 2. Insurance would not be required. 3. Financial accountability is moot. 4. Noise would not be an issue. 5. Parkinq would not be needed. Mayor and Members of Council April 6, 1992 Page 4 Ve RECOMMENDATION~ City Council concur with Alternative "A", and authorize the City Manager to enter into a license agreement with the promoter, as prepared by the City Attorney, in regard to auto racing in Victory Stadium in 1992. Respectfully submitted, W. Robert Herbert City Manager WRH:GNF:gnf CC: Mr. Donald F. "Whitey" Taylor Mr. Edward A. Natt, Esq. City Attorney Director of Finance Director of Administration and Public Safety Director of Public Works Manager, Parks, Recreation and Grounds Risk Management Officer Assistant to the City Manager for Community Relations Office of the City Clerk April 17, 1992 File #28-112-166 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30949-041392 authorizing dedication of a 15 foot by 25 foot public utility easement on the west side of Bramhleton Avenue, S. W., approximately 154 feet south of Murray Run box culvert for location of an equipment cabinet, as more particularly set forth in a report of the Water Resources Committee under date of April 6, 1992. Ordinance No. 30929-041392 was adopted by the Council of the City of Roanoke on first reading on Monday, April 6, 1992, aiso adopted by the Council on second reading on Monday, April 13, 1992, and will take effect ten days following the date of its second reading. Sincerely, ~.~.~_.~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Eno. pc: Mr. Joel M. Schlanger, Director of Finance Mr. Kit B. Kiser, Director, Utilities and Operations Mr. George C. Snead, Jr., Director, Administration and Public Safety Mr. Gary N. Fenton, Manager, Parks and Recreation/Grounds Maintenance Mr. Lynnis B. Vernon, Parks Planner Mr. William F. Clark, Director, Public Works Mr. Charies M. Huffine, City Engineer Mr. Richard V. Hamilton, Real Estate Agent Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk April 17, 1992 File #28-112-166 Mr. Carl D. Gibson, Jr. Engineering Assistant C & P Telephone Company 4843 Oakland Boulevard, N. E. Roanoke, Virginia 24012 Dear Mr. Gibson: I am enclosing copy of Ordinance No. 30949-041392 authorizing dedication of a 15 foot by 25 foot public utility easement on the west side of Brambleton Avenue, S. W., approximately 154 feet south of Murray Run box culvert for location of an equipment cabinet, as more particularly set forth in the report of the Water Resources Committee dated April 6, 1992. Ordinance No. 30929-041392 was adopted by the Council of the City of Roanoke on first reading on Monday, April 6, 1992, also adopted by the Council on second reading on Monday, April 13, 1992, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Eric. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of April, 1992. No. 30949-041392. AN ORDINANCE authorizing dedication of a certain 15' by 25' public utility easement on the west side of Brambleton Avenue, S.W., to C & P Telephone Company, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, the appropriate document dedicating a 15' by 25' public utility easement on the west side of Brambleton Avenue, S.W., approximately 154 feet South of the Murray Run box culvert for the location of an equipment cabinet, as more particularly set forth in the report to this Council dated April 6, 1992. ATTEST: City Clerk. Roanoke, Virginia April 6, 1992 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: C & P Telephone Company Easement Lakewood Park The attached staff report was considered by the Water Resources Committee at its meeting on March 23, 1992. The Connnittee recommends that Council authorize the dedication of a 15 foot by 25 foot public utility easement on the west side of Brambleton Avenue, S.W., in accordance with the conditions stated in the attached report. Respectfully submitted Chairman Water Resources Committee ETB:KBK:afm Attachment CC: City Manager City Attorney Director of Finance Director of Utilities & Operations Director of Administration & Public Safety Manager, Parks, Recreation & Grounds Maintenance INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: March 23, 1992 M~t~Brs,. Water Resources Committee it B. Kiser, Di~ of Utilities & Operations, W. Robert Herbert, City Manager C&P TELEPHONE CO. (C&P) EASEMENT LAKEWOOD PARK thru I. Backqround: Improvement and modernization of C&P Telephone services in the Brambleton/Brandon Avenues, S.W. area requires the siting of an equipment cabinet near the intersection of the two streets. II. Current Situation: Location of equiDment cabinet on an unused (hillside) portion of Lakewood Park along Brambleton Avenue, S.W., adjacent to an existing C&P manhole (No. 389) would be ideal and has been requested by C&P (see attached letter and maps). Department of Parks~ Recreation and Grounds Maintenance has no objections to the proposed location of the equipment cabinet (see attached memo). III. Issues: A. Need B. Timinq IV. Alternatives: Committee recommend to City Council that it authorize the dedication of a 15 foot by 25 foot public utility easement on the west side of Brambleton Avenue, S.W. approximately 154 feet south of the Murray Run box culvert under the street (see attached map). 1. Need by C&P for the easement is met. 2. Timinq to permit C&P to begin installation this Spring is met. Water Resources Committee RE: C&P Telephone Company March 23, 1992 Page 2 B. Committee not recommended to City Council that it authorize the public utility easement to C&P. 1. Need by petitioner for easement is not met. 2. Timinq to permit project to start is disrupted. Recommendation: Committee recommend to City Council that it authorize the dedication of a public utility easement on Brambleton Avenue, S.W. in accordance with Alternative "A". KBK/RVH/fm cc: City Attorney Director of Finance Director of Administration & Public Safety Manager, Parks, Recreation & Grounds Maintenance January 29, 1992 C&P Telephone A Bell Atlantic Company 4843 OaklanO Boulevard, N.E. Raanoke, Virginia 24012 Mr. Gary Fenton Roanoke City Parks and Recreation 210 Reserve Avenue Roanoke, Virginia 24013 Dear Sir: The C&P Telephone Company is in the process of modernizing its service potential, for the Brandon Road and Brambleton Avenue areas of the city. In order to accomplish this task we need to place a piece of ec~/ipment, (photo enclosed) near the aforementioned streets intersection. A conduit run is located on the west side of Brambleton Avenue with manholes. (drawing enclosed) The ideal location for said equipment would be at manhole 389. There is no sidewalk at this location and it faces a rather rough section of Lakewood Park. Would it be permissible to locate the equipment cabinet in this area? (drawing enclosed) With this permission we would fill the gully, grade it, place the equipment and plant shrubs in the effected area. Your help in this matter would be greatly appreciated. If further information is required do not hesitate to contact me 703-982-4957. Sincerely, Dan Gibson Engineering Assistant JAN 3 0 CITY OF ROANOKF, INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: February 12, 1992 Richard V. Hamilton, Right-of-Way Agent~ Lynnis B. Vernon, Parks Planner ~ Lakewood Park - Telephone Easement The January 29, 1992 written request of C&P Telephone Company to secure a new 25 foot by 15 foot easement in order to install an equipment cabinet along Brambleton Avenue, S.W., as located within the eastern boundary of the Lakewood Park property, does not appear to be detrimental to the present or future use or enjoyment of the recreational site by the public. Please keep us informed as the easement procedure progresses. Thanks for your assistance. LBV/mab cc: Gary N. Fenton, Manager, Recreation, Maintenance Parks and Grounds 9 ~o-s Jo C CINDY PINKSTONfStaff Mary Terry leads a group that is trying to return Peace to Lafayette Boulevard, Fear fROM PAGE E~ make it oul People ~:~v blame for the crime in alt directions: p:~rents of the deal- ers, the police, the aews media, the landlords renting to newcomers, and the neighbors themselves. A good man~, people on thc street beliex e police would quickly squash drtm.-pfddling ii' it were done in :~redor~inantty white Southwest Roanoke rather than mostly black N'c~rthwest. Some residenls are afraid to talk. Others sa5 ~ia>out that a small elan of drug peddlers rules the lives o¢ the other 99 r~¢rcent of people on the street. Thc,. ~c sic',: of drug customers -- man~, of them white --- driving in flora ~mt of town and from other sectio,s of the city to pick up their dope'. Thc street has the misfortune ofheing a popular shortcut between downtowo and northern suburbs. One neighborhood leader says 10,000 cars pass along 1he street every day. Bobby Wilsc, n. 46, a diesel me- chanic, won't drive on Lafayette anymore, except to get 1o ]lis house. Ifc lives on the street a couple of blocks from where Arderson was shot March 6. "You're scared som,e~ody is going to shoot n your car. Wilson said. He wants to s~l[ iris house and His neighbor ;~cros~ the street just did that. "we uever had no problem up here ontil the dope dealers," Wilson sdd. Roanoke Police Sgt Al Brown, who heads the eityq came preven- tion unit, grew up in the neighbor. hnc, d. Asked whal' wrnn~ now. he They sa~:. Oh Lord, if I say any-/ !n_.g_._b,usiness in the wrong part of thing, d{ey'll kill me.' I say, 'They[ town.' They have ¢.e wrong ertl- can't kill allofyou,'" k Jude," Br,*wn said people on Lafay- ette ought to icad "crack walks" -- the nightly anti-drug patrols that citizens have been making in bigger cities. "They're apathetic," he said. "I f I lived next..d, oor to a drug deal- er, he wouldn t stay there .... You've got to point your finger and say, 'That boy's dealing dope,'" Lafayette resident Lee Graves, when told of Brown's remarks, said, "If I get the opportunity to testify against people, I'm going to testi. Graves holds the parents of troublemakers primarily responsi- ble, but he believes Roanoke police are slow to help his corr/munity. 'q'hey don't care," he said. "If it was in Crystal Spring or Penn Forest," he said, referring to two affluent, mostly white commu- nities ~n the Roanoke Valley, "it wouldn't be happening." Graves wishes the city would put up posters warning against st,-pping and standing along Lafay. elto, as he says it has done in other areas where drugs are sold on the street. A stronger'police presence would help, according to Rea Ha- mad, who runs B&G Grocery Mart on Lafayette. "If there was a visible authority on the street, it would definitely discourage the dealing," he said. "but at this point they don't have too much discouragement." Homed was shot in the foot last year when he went oi~tside his store to investigate reports that someone had broken the window of his truck. Dalal Hamad, his wife~ said po- lice ttlrl~ a cold ear to ~he cmmle'~ Mary 'lorry lea(lq Concerned Citizens of Roanoke. ~ group that's trying to return peacc to Lafayette. She said laymen at he~ church Ebe- nezer African Methodist Episcopal at Lafayette and Cove Road, 8et tired of picking up gun shells when they mow the church lawn. , Terry was named to a cit~ c~r- few committee after she questtoned why police weren t I~ettmg young people off the streets m accordance with the city's curfew law. People under 18 are not supposed to gather in public placea after 10 p.m. If the law is vigorously enforced, she ured it could help Lafayette. But, she said, police explained that they don't have the staff to maintain a constant presence there, For a long time Terry said, people were scared to call police. They feared that calling 911 would mean that a police car ~ lights flashing, sirens wailing ~ would screech to a halt at their doorstep, letting dealers know who'd called.!: "Police came out and ex- plained [that] just because called 9.11, that dido t mean pollce were going to come to your house,? Terry said. It may take a combination initiatives to make a difference Lafayette -- more police visits~ mo~e neighborhood resistance to drug deah'ng, more residents filing complaints, more activities for young people who mag out on the street. ., In the summers, Terry said', sometimes as many as 100 young people gather near an abandone, d house on Lafayette. But she said most of them are just kids with little to do.,lt's the minority -- "the hard ce. re,' she said -- that's bringing crime to T afavcHe gmflevarA. Office of the City Clerk April 17, 1992 File #258 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30963-041392 creating the Hotel Roanoke Conference Center Commission and authorizing execution of a contract between the City of Roanoke, Virginia Polytechnic Institute and State University and the Hotel Roanoke Conference Center Commission. Resolution No. 30963-041392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 13, 1992. Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc: Mr. Joel M. Schlanger, Director of Finance Mr. Brian J. Wishneff, Chief, Economic Development Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk April 17, 1992 File #258 Dr. Raymond D. Smoot, Jr. Vice President for Business Affairs and Treasurer 312 Burruss Hall Virginia Tech Blacksburg, Virginia 24061-0142 Dear Dr. Smoot: I am enclosing copy of Resolution No. 30963-041392 creating the Hotel Roanoke Conference Center Commission and authorizing execution of a contract between the City of Roanoke, Virginia Polytechnic Institute and State University and the Hotel Roanoke Conference Center Commission. Resolution No. 30963-041392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 13, 1992. Sincerely, f~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. Room 456 Municipal Buil~Jing 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk April 17, 1992 File #258 Ms. Margie W. Thomas Secretary of Virginia Tech Board of Visitors 210 Burruss Hall Virginia Tech Blacksburg, Virginia 24061-0142 Dear Ms. Thomas: I am enclosing copy of Resolution No. 30963-041392 creating the Hotel Roanoke Conference Center Commission and authorizing execution of a contract between the City of Roanoke, Virginia Polytechnic Institute and State University and the Hotel Roanoke Conference Center Commission. Resolution No. 30963-041392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 13, 1992. Sincerely, ~_~_____ Mary F~. Parker, CMC/AAE City Clerk MFP: sw Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 13th day of April, 1992. No. 30963-041392. VIRGINIA, A RESOLUTION creating the Hotel Roanoke Conference Center Commission and authorizing execution of a contract between the City of Roanoke, Virginia Polytechnic Institute and State University and the Commission. WHEREAS, the 1991 Session of the General Assembly enacted the Hotel Roanoke Conference Center Commission Act, hereinafter referred to as the "Act," Chapter 440 of the 1991 Acts of Assembly; WHEREAS, the Act provides that, if the governing bodies of the City of Roanoke and Virginia Polytechnic Institute and State University ("VPI&SU") shall by resolution declare that there is a need for a commission to be created for the purpose of establishing and operating a publicly owned conference center in the City of Roanoke adjacent to a renovated Hotel Roanoke and that they should unite in its formation, then a commission known as the Hotel Roanoke Conference Center Commission shall thereupon exist, and such Commission shall exercise its powers and functions as prescribed in the Act; WHEREAS, pursuant to Section 4 of the Act, the City and VPI&SU have agreed upon the form of a contract between themselves and the Commission setting forth the financial contribution to be made by each to the Commission and other terms and conditions of their participation; and WHEREAS, this Council is now desirous of creating the Commission. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. It is hereby declared by this Council that there is a need for a commission to be created for the purpose of establishing and operating a publicly owned conference center adjacent to a renovated Hotel Roanoke and that the City and VPI&SU should unite in the formation of a commission to be known as the "Hotel Roanoke Conference Center Commission". 2. Upon the adoption of this resolution, the Virginia Tech Board of Visitors having previously adopted a resolution, dated November 18, 1991, declaring the need for such Commission and that the City and VPI&SU should unite in its formation, the Hotel Roanoke Conference Center Commission shall exist for this City and VPI&SU, and any other eligible political subdivision of the Commonwealth which may hereafter join such Commission pursuant to the terms and conditions of the Act, and such Commission shall exercise the powers and functions prescribed by the Act. 3. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest respectively, the contract between the City and VPI&SU and the Commission setting forth the financial contribution to be made by the City and VPI&SU to the Commission and other terms and conditions of participation, such agreement to be in substantially the form attached hereto and approved as to form by the City Attorney. 4. The City Clerk is directed to forward an attested copy of this resolution to the Secretary to the Virginia Tech Board of Visitors and to the Hotel Roanoke Conference Center Commission for filing among the permanent records of the Commission. ATTEST: City Clerk. Roanoke, Virginia April 13, 1992 The Honorable Mayor and Members of city Council Roanoke, Virginia Dear Members of Council: Subject: Hotel Roanoke Conference Center Commission I. Backqround: Virqinia General Assembly approved legislation allowing for the formation of the Hotel Roanoke Conference Center Commission during the 1991 session. The Act gave authority to the City of Roanoke and Virginia Polytechnic Institute and State University to form a partnership on the development and operation of a conference center adjacent to the Hotel Roanoke. Be Conference center development is essential to Virginia Tech's participation as it would be the vehicle in which they would make Roanoke the headquarters for their management training and continuing education programs. The development of the center is also essential to the development of the Hotel Roanoke, and the Hotel Roanoke going forward is essential in order to build the conference center. Planninq on the Hotel Roanok~ is continuing. Planning and development on the conference center must be parallel with the Hotel Roanoke as they must open simultaneously. Conference Center Commission is needed at this time in order to begin moving the center forward. This work includes decisions on the size and kind of space, design, booking and operating policies, food and beverage policies and agreements, legal assistance on agreements, financial and bond counsel assistance on financing, etc. These are just some examples of the work that the Commission needs to begin immediately in order to work parallel with the Hotel Roanoke project. Size of the conference center is now projected to be 80,000 square feet. II. Current Situation: Formation of the Commission is necessary to move the needed agreements and policies forward. Members of Council Page 2 April 13, 1992 Attached aqreement between the City of Roanoke and Virginia Polytechnic Institute and State University has been negotiated for the establishment of the Commission. Major components of the agreement are: There will be six commissioners; three appointed by Virginia Polytechnic Institute and State University and three appointed by Roanoke City Council. 2 o Other governmental entities can join the Commission; their membership and financial contribution will be negotiated by the Commission. 3 o It is anticipated that the initial development cost of the conference center would not exceed $12 million unless otherwise approved by the parties. The City would cause to be contributed $8 million; Virginia Polytechnic Institute and State University $2 million; $2 million would be sought from third party contributions. The City would use its best efforts to cause the Roanoke Redevelopment and Housing Authority (RRHA) to enter into a loan loss reserve agreement with the Virginia Tech Real Estate Foundation to cover any shortfalls in revenues from the hotel available to cover debt service on Virginia Polytechnic Institute and State University's capital contribution. Any monies raised beyond the $2 million from the private sector or from the Public Facilities Act or from savings in construction, at the City's sole discretion, can either be used to increase the total cost of the facility or decrease the City's capital contribution. By the 15th of February of each year, the Commission would submit an operating/capital expense budget to City Council and to the Board of Visitors of Virginia Polytechnic Institute and State University. Any operating deficits of the conference center would be shared equally by the University and the City if approved by the respective governing bodies. Procurement of construction, professional services and services by the Commission shall be pursuant to the Virginia Public Procurement Act. Both the Virginia Tech Real Estate Foundation and the City of Roanoke and/or RRHA shall convey to the Commission in fee simple, land for the building and Members of Council Page 3 April 13, 1992 parking, with a right of reversion of real property, if the facilities are sold or if the Commission is dissolved. There shall be a uniform booking policy which will provide priority on a first-come, first-serve basis for long-term advance bookings of outside delegate conferences meeting certain guarantees of hotel rooms. III. Issues: The agreement could be terminated by January 1, 1994, or sooner if Virginia Tech Real Estate Foundation disposes of the Hotel Roanoke property. A. Timing. B. Cost. C. Economic DeveloDment. IV. Alternatives: City Council adopt a resolution appointing commissioners to the Hotel Roanoke Conference Center Commission; adopt a resolution creating the Hotel Roanoke Conference Center Commission and authorizing execution of a contract between the City of Roanoke, Virginia Polytechnic Institute and State University and the Commission; and appropriate $100,000 from the debt service fund to an initial capital account which could be drawn on by the Commission to proceed with planning on the conference center, as described in I.D., above. Timing is essential in that the planning and development of the conference center must be parallel with the Hotel Roanoke. Such planning is proceeding rapidly on the hotel. 2 o Cost to the City would be up to $8 million towards its capital contribution in the conference center as well as potentially securing a $2 million RRHA loan loss reserve fund as well as 50% of any operating deficits in the conference center annual budget. It is anticipated that local tax revenues directly generated by the conference center and hotel will be equal to or greater than those annual expenses. Members of Council Page 4 April 13, 1992 Economic development. The City's economy would be greatly enhanced by the opening of the Hotel Roanoke and the Hotel Roanoke Conference Center. The City of Roanoke has a relatively large base of retail, restaurants and hotels. This would enhance their performance as well as bring business into the City and the Valley that otherwise would never be brought into the area. In addition, this will bring Virginia Polytechnic Institute and State University into the Roanoke Valley to an unprecedented degree. city Council not adopt a resolution recognizing the need to establish a Commission and authorizing the City Manager to enter into a contract with Virginia Polytechnic Institute and State University for establishment of the Commission. 1. Timinq would not be an issue. 2. Cost would not be an issue. Economic develoDment opportunity and the re-opening of the Hotel Roanoke would be lost. Recommendation: It is recommended that City Council adopt Alternative A thereby adopting a resolution appointing commissioners to the Hotel Roanoke Conference Center Commission; adopt a resolution creating the Hotel Roanoke Conference Center Commission and authorizing execution of a contract between the City of Roanoke, Virginia Polytechnic Institute and State University and the Commission; and appropriate $100,000 from the debt service fund to an initial capital account which could be drawn on by the Commission to proceed with planning on the conference center, as described in I.D., above. Respectfully submitted, W. Robert Herbert City Manager Members of Council Page 5 April 13, 1992 WRH:BJW:mpf attachment cc: City Attorney Director of Finance Chief of Economic Development Dr. Raymond D. Smoot, Jr., Vice President for Business Affairs and Treasurer, 312 Burruss Hall, VA Tech, Blacksburg, VA 24061-0142 THIS AGREEMENT made and entered , 19 , by and between the CITY OF ROANOKE, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "City," VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY, hereinafter referred to as "VPI&SU," and the HOTEL ROANOKE CONFERENCE CENTER COMMISSION, a body corporate, hereinafter referred to as "Commission;" WHEREAS, the Conference Center W I TNE SETH: General Assembly, has enacted the Hotel Roanoke Commission Act (Chapter 440 of 1991 Acts of Assembly), attached hereto as Exhibit A (the "Act") creating the Commission and providing for its functions, authorities and duties; and WHEREAS, the General Assembly has declared by S2 of the Act, that the ownership and operation of a modern publicly owned conference center and related facilities are proper and essential government functions and public purposes for which public moneys may be spent; and WHEREAS, by this Agreement the parties intend to implement and effectuate the purposes of the Act. THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants, agreements, obligations and undertakings herein contained, the City, VPI&SU and the Commission hereby covenant and agree, each with the others, as follows: §1. DEFINITIONS. As used in this Agreement, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context: (a) "Act" means the Hotel Roanoke Conference Center Commission Act enacted by the 1991 Session of the General Assembly. See Chapter 440, 1991 Acts of Assembly. (b) "Agreement" means this Commission Agreement between VPI&SU, City and the Commission. (c) "Board" means the Commissioners of the Hotel Roanoke Conference Center Commission appointed by the Members. (d) "Bonds" means any bonds, notes, debentures, certificates, or other evidence of financial indebtedness issued by the Commission pursuant to the Act. (e) "Capital account" means the cumulative total of each Party's capital contributions including any interest actually paid by each Party to obtain such capital and not otherwise reimbursed by funds paid pursuant to the Public Facilities Act. (f) "Capital exDenditure" means any single expenditure exceeding $100,000.00 intending to benefit the Facility for twenty (20) years or more. (g) "City" means the City of Roanoke, Virginia, a municipal corporation chartered by the Commonwealth of Virginia. (h) "Commission" means the Hotel Roanoke Conference Center Commission created by the Hotel Roanoke Conference Center Commission Act enacted by the 1991 Session of the General Assembly. (i) "Commonwealth" means the Commonwealth of Virginia. (j) "Facility" means the Conference Center that the Commission plans to cause to be constructed, furnished and equipped adjacent to the Hotel pursuant to this Agreement. The term shall not include office space, classrooms, computer facilities and other space and equipment to be owned and operated by VTREF or VPI&SU or a VPI&SU related corporation in connection with VPI&SU's graduate education center. (k) "Force Majeure" means war, riots, civil commotion, strikes, labor disputes, embargoes, natural disasters, Acts of God or any other cause or contingency similarly beyond the control of the Parties. (1) "Hotel" means the former Hotel Roanoke as renovated or reconstructed by VTREF or VPI&SU through the Hotel Partnership. (m) "Hotel Partnership" means the partnership or other entity formed to develop and own the Hotel. (n) "Hotel Roanoke" means real property and the structures thereon of the former Hotel Roanoke which property has been conveyed to VTREF by the Norfolk Southern Corporation or a subsidiary of the Norfolk Southern Corporation. (o) "Member" means the City of Roanoke, VPI&SU and any other political subdivision which may join the Commission pursuant to ~4 of the Hotel Roanoke Conference Center Act. (p) "Operating account" means the cumulative total of each Party's contributions to operating deficits paid pursuant to §10 of this Agreement, plus an amount equal to three percent (3%) interest per annum thereon. (q) "Party" means either of the City of Roanoke or VPI&SU. (r) "RRHA" means Roanoke Redevelopment and Housing Authority, a political subdivision of the Commonwealth of Virginia. (s) "VPI&SU" means Virginia Polytechnic Institute and State University. (t) "VTREF" means Virginia Tech Real Estate Foundation, Inc., a Virginia non-stock corporation. S2. FORMATION OF COMMISSION. The governing bodies of VPI&SU and City, in compliance with S2 of the Act have adopted resolutions attached hereto as Exhibits B and C, respectively, which declare that there is a need for a commission to be created for the purpose of establishing and operating a publicly owned conference center in the City of Roanoke adjacent to a renovated Hotel Roanoke, and that the Parties will unite in the formation of a Commission for such purpose. The Commission is hereby formed, and shall be governed and controlled in accordance with the terms of this Agreement and the Act. ~3. PURPOSE OF COMMISSION. The Commission shall own, operate, maintain, manage, regulate, promote, plan for and finance a modern publicly owned Conference Center and related facilities adjacent to the Hotel to promote and further the public convenience and the welfare and economic development of the entire Roanoke Valley. To accomplish this purpose, the Commission shall have ali the powers, authorities, rights, responsibilities and obligations bestowed upon it by the Act. 4 §4. ADDITIONAL MEMBERS. Upon agreement of all Members and the Commission the Commission may be expanded to include any political subdivision of the Commonwealth as a Member of the Commission. Each new Member shall execute an agreement with the Members and the Commission setting forth the amount of such Member's financial contribution and all other terms and conditions of membership. S5. APPOINTMENT AND TENURE OF COMMISSIONERS. The Commission shall have a Board of Commissioners. All powers of the Commission shall be exercised by or under the authority of, and the business and affairs of the Commission managed under the direction of, such Board of Commissioners. The Commissioners shall be appointed pursuant to S5 of the Act. ~6. ORGANIZATION. The Commission shall be organized in accordance with ~6 of the Act. The Board shall make and from time to time amend and repeal bylaws, not inconsistent with this Agreement or the Act, governing the manner in which the Commission's business may be transacted and in which the power granted to it may be enjoyed. ~7. REPORTS. The Commission shall keep minutes of its proceedings, which minutes shall be open to public inspection during normal business hours. It shall keep suitable records of all its financial transactions and shall arrange to have the same audited annually by an independent certified public accountant acceptable to all Members. Copies of each such audit shall be furnished to each Member and shall be open to public inspection. 5 S8. CONFERENCE CENTER FACILITIES. The initial purpose of the Commission shall be the construction of the Facility. Each Party to this Agreement shall have the right to approve the location, configuration, design and construction of the Facility pursuant to a master plan and construction plans and specifications which approval shall not be unreasonably withheld. Procurement of construction and services with respect to the Facility shall be pursuant to the Virginia Public Procurement Act (Chapter 7 of Title 11, Code of Virginia (1950), as amended). S9. CAPITAL CONTRIBUTIONS BY PARTIES. Unless otherwise agreed by the Parties, the cost to design, finance, and construct the Facility, including appropriate pre-opening expenses, shall not exceed $12,000,000.00. The City shall contribute or cause to be contributed $8,000,000.00 and VPI&SU shall contribute or cause to be contributed $2,000,000.00 to the Commission for the construction of the Facility. The City and VPI&SU shall exercise their best efforts to raise additional funds from third-party sources as may be required to fully fund construction of the Facility. At the City's sole discretion, any sales tax revenues received by the Commission pursuant to the Public Facilities Act, any third-party contributions in excess of $2,000,000.00, or any savings in the cost of the Facility will be used to either increase the total cost of the Facility or to decrease the City's capital contribution to the Facility. The above cost may be wholly or partially financed by the issuance by the Commission of tax exempt bonds pursuant to ~12 of the Act. The principal amount, interest rate and term of such bond shall be mutually agreed to by City and VPI&SU. Each Party shall be responsible for debt service on a portion of the principal not to exceed the capital contribution set forth in the preceding paragraph less any direct contributions of capital to the Facility already made by the respective Party. The City shall use its best efforts to cause RRHA to enter into a loan loss reserve agreement with VTREF to cover shortfalls in revenues from the Hotel available to cover debt service on VPI&SU's capital contribution. §10. BUDGETS AND PAYMENTS BY MEMBERS. (a) Prior to the initial expenditure of funds for operating expenses, the Commission shall prepare and submit its operating budget for the first fiscal year of operations to the City Council of the City and the Board of Visitors of VPI&SU. If, but only if, such bodies approve the operating budget, each Party shall be obligated to pay to the Commission one half of (i) the amount specified in the budget as initial operating capital, and (ii) any amount by which estimated expenses exceed estimated revenue for such fiscal year. (b) Prior to February 15 of each year, the Commission shall prepare and submit its operating budget and its capital expense budget for the forthcoming fiscal year of operations to the City Council of the City, the Board of Visitors of VPI&SU, and the controlling bodies of other Members, if any. If, but only if, such bodies approve such budgets, then the Members shall be obligated to pay to the Commission (i) the amount by which estimated expenses exceed estimated revenue for such fiscal year, and (ii) the amount required for projected capital expenditures. Payment of such amounts shall be allocated among the Members as follows: each Member other than the Parties shall be obligated to pay the portion of such amounts as such Member has agreed by contract to pay; and each Party shall be obligated to pay to the Commission one-half of such amounts not paid by the other Members. (c) Any funds required by paragraphs (a) and (b) to be paid to the Commission shall be paid by each Member within fifteen (15) days after submission by the Commission to each Member of a drawdown letter setting forth the amounts required to be paid by such Member. The total amount required from a Member by such drawdown letters in any fiscal year shall not exceed the total amount agreed to by such Member's governing body. (d) If during the course of any fiscal year, operating shortfalls exceed the amounts approved by the controlling bodies of the Members pursuant to paragraphs (a) and (b) above, the Commission shall prepare a special request to the Members for payment of additional operating funds to the Commission. If, but only if, the governing bodies of the Members agree to make such additional payments, the Members shall within fifteen (15) days of such approval pay to the Commission such operating funds in the same proportion as set forth in paragraph (b) above. 911. LOSS OF VOTING RIGHTS. If any Member fails to pay the Commission any amounts owed pursuant to this Agreement, such party shall immediately be denied all voting rights in the Commission. Denial of voting rights shall terminate only upon the payment to the Commission by the party in arrearage of the total amount due to the Commission. §12. DISSOLUTION. Whenever it shall appear to the Commission that the need for the Co~mission no longer exists, it shall petition the Circuit Court for the City of Roanoke for the dissolution of the Commission in accordance with S23 of the Act. S13. OWNERSHIP OF LANDr FACILITY AND PERSONAL PROPERTY. The Facility shall be constructed on the real property described in Exhibit D attached hereto and made a part hereof and initialed by the parties hereto for purposes of identification. VTREF and the City and/or RRHA shall convey to the Commission in fee simple with a right of reversion the real property described in Exhibit D for TEN DOLLARS ($10.00) and other good and valuable consideration. Such reversion shall occur (l) upon sale of the Conference Center by the Commission, (ii) at such time as the Facility is no longer used as a conference center, or (iii) upon dissolution of the Commission. The form of such deed shall be as set out in Exhibit E attached hereto and made a part hereof and initialed by the parties hereto for purposes of identification. VTREF joins this Agreement as a signatory for the sole purpose of agreeing to its obligation as set forth in this paragraph. If at any time the Commission determines that it is in the best interest of the Commission to sell the Facility, the Hotel Partnership shall have the right of first negotiation and right of first refusal, followed by the City and VTREF for the purchase of the Facility. VPI&SU and the City shall each own an undivided interest in the Facility including all furniture, fixtures and equipment. Upon sale of the Facility, the proceeds shall be distributed as follows: (1) to each Party an amount equal to the amount in such Party's Capital Account (if proceeds are less than the total of both Party's accounts, the proceeds shall be distributed in proportion to each Party's share of the total of the Capital Accounts); (2) to each Party an amount equal to the amount in such Party's Operating Account (if proceeds are less than the total of both Party's accounts, the proceeds shall be distributed in proportion to each Party's share of the total of the Operating Accounts); and (3) distribution of any remainder in proportion to each Party's share of the total of the Capital Accounts immediately prior to the disbursal of the proceeds as set forth in (1) above. S14. MANAGEMENT. If the Commission determines it to be in its best interest, the Commission may enter into a service contract with VPI&SU or the Hotel Partnership for management and operation of the Facility. The terms and conditions of such management shall be negotiated by the Commission and set forth in a separate management agreement. The Facility shall be operated in a manner consistent with the tax exempt status of its bond financing, including without limitation, the requirement that public space be leasable at fair market value to the general public, including the City, VPI&SU, VTREF, and any developer of the Hotel pursuant to a uniform booking policy set forth in a separate agreement. Such uniform booking policy shall provide priority on a first come, 10 first served basis for long-term advance booking of outside delegate conferences meeting threshold guarantees for hotel room bookings and food and beverage requirements. Warming kitchens of the Facility shall be available to any party leasing Facility meeting room or banquet facilities. SlS. CONTRACTS. private persons or financial, personnel, The Commission may contract with any Member, other entities for management oversight, engineering, procurement or legal services upon terms and conditions to be agreed between the Commission and the service provider and shall be procured in full compliance with the Virginia Public Procurement Act, to the extent applicable. S16. INDEMNIFICATION. The Commission shall indemnify and hold harmless the City, RRHA, VPI&SU, and VTREF and their officers, employees, or agents from any and all liability, actions, causes of actions, claims, judgments and demands of any kind and nature whatsoever and for expenses, including but not limited to attorneys fees and defense costs, the City, RRHA, VPI&SU, or VTREF may incur in this regard, arising out of acts or omissions in the course of ownership, acquisition of real or personal property, construction, operation, maintenance, management, regulation, promotion, planning for or financing of the Facility. §17. TERM. This Agreement shall continue in full force and effect for a term of sixty (60) years from the date hereof. ~18. RENEWAL. Upon the expiration of the initial term of sixty (60) years, this Agreement shall be automatically renewed for successive terms of five (5) years unless notice of termination be 11 given by the City or VPI&SU in writing to the other parties at least twenty-four (24) months prior to the end of the initial term or any five (5) year term of renewal. Notice of termination by either the City or VPI&SU shall constitute termination of this Agreement as to all parties upon the effective date of such notice of termination. Unless otherwise provided, if either the City or VPI&SU terminates this Agreement, the Commission shall petition the Circuit Court for dissolution of the Commission pursuant to S23 of the Act. ~19. DISCRIMINATION PROHIBITED. Agreement, neither the Commission In the performance of this nor the Parties shall discriminate against any contractor, subcontractor, vendor, lessee, sublessee, employee, applicant for employment or invitee because of race, religion, color, sex or national origin except where race, religion, color, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Parties. ~20. WAIVER. The failure of either Party to insist upon strict performance of any of the terms or provisions of this Agreement or to exercise any option, right or remedy contained in this Agreement, shall not be construed as a waiver or as a relinquishment for the future of such term, provision, option, right or remedy. No waiver by either Party of any term or provision of this Agreement shall be deemed to have been made unless expressed in writing and signed by such Party. 12 S21. SEVERABILITY. If any clause or provision of this Agreement is or becomes illegal, invalid, or unenforceable because of present or future laws or any rule or regulation of any governmental body or entity, then the remaining parts of this Agreement shall not be effected, unless such invalidity would create undue hardship to the City, VPI&SU, VTREF or the Commission, or is essential to the rights of any of them, in which event such party has the right to terminate this Agreement upon notice to the other parties. S22. APPROVALS. Except where a particular provision provides otherwise, whenever the approval or consent of a Party is required in this Agreement, such approval or consent shall not be unreasonably withheld, delayed or conditioned. S23. APPLICABLE LAW. This Agreement shall be construed under and shall be governed by the laws of the Commonwealth of Virginia. S24. INTERPRETATION. For the purpose of construing this Agreement, unless the context indicates otherwise, words in the singular number shall be deemed to include words in the plural number and vice versa, words in one gender shall be deemed to include words in other genders, and the word "person" shall be deemed to include a corporation or partnership. Headings of Sections are inserted only for convenience and are not, and shall not be deemed, limitation on the scope of the particular Sections to which they refer. ~25. INCLUDING. In this Agreement, whenever general words or terms are followed by the word "including" (or other forms of the 13 word "include") and words of particular and specific meaning, the word "including without limitation," and the general words shall be construed in thelr widest extent, and shall not be limited to persons or things of the same general kind or class as those specifically mentioned in the words of particular and specific meaning. §26. NOTICES. All notices or other communications required or desired to be given with respect to this Agreement shall be in writing and shall be delivered by hand or by courier service, or sent by registered or certified mail, return receipt requested, bearing adequate postage and properly addressed as provided below. Each notice given by mail shall be deemed to be given by the sender when received or refused by the Party intended to receive such notice; each notice delivered by hand or by courier service shall be deemed to have been given and received when actually received by the Party intended to receive such notice or when such Party refuses to accept delivery of such notice. Upon a change of address by either Party, such Party shall give written notice of such change to the other Party in accordance with the foregoing. Inability to deliver because of changed address or status of which no notice was given shall be deemed to be receipt of the notice of the date such notice would otherwise have sent, effective as been received. To the City: City Manager City of Roanoke 215 Church Avenue, S.W. Roanoke, Virginia 24011 14 with a copy to: To Virginia Tech: with a copy to: City Attorney City of Roanoke 215 Church Avenue, S.W. Roanoke, Virginia 24011 Executive Vice President and Chief Business Officer, Virginia Tech 210 Burruss Hall Blacksburg, Virginia 24061 Secretary-Treasurer Virginia Tech Real Estate Foundation, Inc. 312 Burruss Hall Blacksburg, Virginia 24061 ~27. BINDING EFFECT. This ~greement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective successors and permitted assigns. ~28. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties with respect to the Facility and the Hotel and supersede all prior understandings and writings, and this Agreement may be amended or modified only by a writing signed by City or VPI&SU. ~29. EXECUTION. This Agreement shall be executed in triplicate, any copy of which may be considered the original. ~30. COMPLIANCE WITH ACT. Wherever this Agreement is in conflict with the Act, the provisions of the Act shall supersede the conflicting provision of the Agreement. ~31. TERMINATION. In the event that the Hotel Partnership has been unable to obtain financing for the renovation of the Hotel by the earlier of January 1, 1994 or any disposition of the unrenovated Hotel by VTREF, despite good faith efforts to do so either Party may terminate this Agreement by giving notice pursuant 15 to Section 26 of this Agreement to the Commission and the other Party. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their respective officers, the day and year first above set out. CITY OF ROANOKE, VIRGINIA Title VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY Title HOTEL ROANOKE CONFERENCE CENTER COMMISSION By Title Seen~and Agreed: VIRGINIA TECH REAL ESTATE FOUNDATION By: Title Office of the City Clerk April 17, 1992 File #258 Mr. W. Robert Herbert City Manager Roanoke, Virginia Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Mr. James G. Harvey, II Council Member Roanoke, Virginia Gentlemen: I am attaching copy of Resolution No. 30964-041392 appointing the following initial Commissioners to the Hotel Roanoke Conference Center Commission: Joel M. Schlanger, for a four year term commencing April 13, 1992, and expiring April 12, 1996; W. Robert Herbert, for a three year term commencing April 13, 1992, and expiring April 12, 1995; and James G. Harvey, II, for a two year term commencing April 13, 1992, and expiring April 12, 1994. Resolution No. 30964-041392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 13, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Erie. pc: Dr. Raymond D. Smoot, Jr., Vice President for Business Affairs and Treasurer, 312 Burruss Hall, Virginia Tech, Blacksburg, Virginia 24061-0142 Ms. Margie W. Thomas, Secretary of Virginia Tech Board of Visitors, 210 Burruss Hail, Virginia Tech, Blacksburg, Virginia 24061-0142 Mr. Brian J. Wishneff, Chief, Economic Development Ms. Sandra H. Eakin, Deputy City Clerk Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk April 17, 1992 File #15-258 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke held on Monday, April 13, 1992, you were elected as a Commissioner to the Hotel Roanoke Conference Center Commission, for a term of three years ending April 12, 1995. Enclosed you will find a Certificate of your election and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were elected. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) 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 thirteenth day of April, 1992, W. ROBERT HERBERT was elected as a Commissioner to the Hotel Roanoke Conference Center Commission, for a term ending April 12, 1995. Given under my hand and the Seal of the City of Roanoke this seventeenth day of April, 1992. City Clerk Office of the City Clerk April 17, 1992 File #15-258 Mr. James G. Harvey, II Council Member Roanoke, Virginia Dear Mr. Harvey: At a regular meeting of the Council of the City of Roanoke held on Monday, April 13, 1992, you were elected as a Commissioner to the Hotel Roanoke Conference Center Commission, for a term of two years ending April 12, 1994. Enclosed you will find a Certificate of your election and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were elected. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sw Enc. Room 456 Municipal Suilding 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) 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 thirteenth day of April, 1992, JAMES G. HARVEY, II, was elected as a Commissioner to the Hotel Roanoke Conference Center Commission, for a term ending April 12, 1994. Given under my hand and the Seal of the City of Roanoke this seventeenth day of April, 1992. City Clerk Office of the City Clerk April 17, 1992 File #15-258 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: At a regular meeting of the Council of the City of Roanoke held on Monday, April 13, 1992, you were elected as a Commissioner to the Hotel Roanoke Conference Center Commission, for a term of four years ending April 12, 1996. Enclosed you will find a Certificate of your election and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were elected. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc o Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) 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 thirteenth day of April, 1992, JOEL M. SCHLANGER was elected as a Commissioner to the Hotel Roanoke Conference Center Commission, for a term ending April 12, 1996. Given under my hand and the Seal of the City of Roanoke this seventeenth day of April, 1992. City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of April, 1992. No. 30964-041392. A RESOLUTION appointing Commissioners to the Hotel Roanoke Conference Center Commission. WHEREAS, the 1991 Session of the General Assembly enacted the Hotel Roanoke Conference Center Commission Act, hereinafter referred to as the "Act," Chapter 440 of the 1991 Acts of Assembly; WHEREAS, by Resolution , dated April 13 , 1992, the City of Roanoke has declared that there is a need for a Conference Center Commission and that the City and Virginia Polytechnic Institute and State University should unite in its formation; WHEREAS, pursuant to Section 5 of the Act the governing body of the City is to appoint Commissioners to the commission; and WHEREAS, this Council is now desirous of appointing its IT RESOLVED by the Council of the City of of the Hotel Roanoke Conference Commissioners. THEREFORE, BE Roanoke as follows: 1. The powers Center Commission shall be vested in the Commissioners thereof in office from time to time. This Council hereby appoints the individuals named hereafter to serve as Commissioners for the initial terms as set forth or until their successors shall have been appointed and qualified. After the initial term, each Commissioner shall be appointed for a four-year term or until his successor is appointed and qualified. The City Council shall be empowered to remove at any time, without cause, any Commissioner appointed by it and appoint a successor Commissioner to fill the unexpired portion of the removed Commissioner's term. 2. The initial Commissioners appointed by the City and their initial terms shall be as follows: Joel M. Schlanger, for a four year term commencing April 13, 1992, and expiring April 12, 1996; W. Robert Herbert, for a three year term commencing April 13, 1992, and expiring April 12, 1995; and James G. Harvey, II, for a two year term commencing April 13, 1992, and expiring April 12, 1994. ATTEST: City Clerk.