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Home My WebLink AboutCouncil Actions 08-23-93WHITE 31648 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL August 23, 1993 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order Roll Call. Council Member Musser was absent. The Invocation was delivered by the Reverend Richard L. McNutt, Melrose United Methodist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. CONSENT AGENDA (APPROVED 6-0) ALL MATI'ERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERF~D TO BE ROUTINE BY THE MAYOR AND MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM, OR FORMS, LISTED BELOW. THF. RE WILL BE NO SEPARATE DISCUSSION OF THE rrEMS. IF DISCUSSION IS DESIRED, THE ITEM WILI. BE REMOVF. D FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 A communication from Mayor David A. Bowers 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. C-2 A communication from Vice-Mayor Beverly T. Fitzpatrick, Jr., Chairperson, Roanoke City Council Personnel Committee, requesting an Executive Session to discuss a personnel matter, being the appointment of a specific public officer, 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 a personnel matter, being the appointment of a specific public officer, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. C-3 A report of the City Manager requesting an Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel, specifically being the temis and conditions of the 1972 Sewage Treatment Plant Agreement, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss specific legal matters requiting the provision of legal advice by counsel, specifically being the terms and conditions of the 1972 Sewage Treatment Plant Agreement, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. C-4 C-5 C-6 A report of the City Manager requesting an Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel, being the terms and conditions of a new gas franchise, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. 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, being the terms and conditions of a new gas franchise, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. A communication from Mayor David A. Bowers transmitting a communication from Howard C. Packett, Chairperson of the Fifth Planning District Commission, with regard to establishment of a low-band travel radio system for the Roanoke Valley, particularly along Interstate 81 and the Blue Ridge Parkway. RECOMMENDED ACTION: Refer to the City Manager for review, report and recommendation to Council no later than November 1, 1993. A communication from Mr. Vernon M. Danielsen, Chairperson, Roanoke Civic Center Commission, with regard to the parking and traffic situation at the Roanoke Civic Center. RECOMMENDED ACTION: Receive and file. REGULAR AGENDA 3. I-1F ARING OF CITIZF NS UPON PUBLIC MATrERS: Request to address Council on behalf of Roanoke Gas Company relative to the proposed acquisition of Roanoke Gas Company assets by the City. William B. Poff, Attorney. Adopted Ordinance No. 31648 on fa-st reading. (6-0) 3 Request to address Council relative to the proposed acquisition of Roanoke Gas Company assets by the City. Mr. Samuel P. Nackley, Spokesperson. Deferred until the next regular meeting of Council on Monday, September 13, 1993. Cw Request to address Council relative to the proposed acquisition of Roanoke Gas Company assets by the City. Mr. Ernest E. Binder, Spokesperson. 4. PETITIONS AND COMMUNICATIONS: A communication from the Honorable Donald S. Caldwell, Commonwealth's Attorney, recommending acceptance of and continued participation in Victim/Witness Assistance Program Grant No. 93-A8258 from the Department of Criminal Justice Services, in the amount of $36,799.00; and appropriation and transfer of funds in connection therewith. Adopted Budget Ordinance No. 31649-082393 and Resolution No. 31650-082393. (6-0) bw A communication from the Honorable Donald S. Caldwell, Commonwealth's Attorney, recommending acceptance of and continued participation in State Grant No. 93-A8219 for a Multi- Jurisdictional Special Drug Prosecutor, in the amount of $84,594.00, for the period of July 1, 1993, through June 30, 1994; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 31651-082393 and Resolution No. 31652-082393. (6-0) A communication from the Honorable Donald S. Caldwell, Commonwealth's Attorney, recommending that the City Manager be authorized to execute and submit a Statement of Grant Award and Acceptance of Special Conditions to the Department of Criminal Justice Services to allow for continuation of the Roanoke City Pre- Trial Services Program; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 31653-082393 and Resolution No. 31654--082393. (6-0) A communication from the Roanoke City School Board recommending appropriation of funds to certain school grant accounts. Adopted Budget Ordinance No. 31655-082393. (6-0) 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: A report recommending acceptance of a grant from the Virginia Department of Emergency Services, in the amount of $15,000.00, for purchase of specialized equipment for the Hazardous Materials Regional Response Team; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 31656-082393 and Resolution No. 31657-082393. (6-0) 5 o A report recommending execution of two contracts with The Salvation Army for the payment of services delivered under the Abused Women's Program and the Homeless Program to citizens of the City. Adopted Resolution No. 31658-082393. (6-0) A report recommending appropriation of additional funds totalling $1,133,894.00, awarded to the Fifth District Employment and Training Consortium for continuation of existing activities, implementation of planned programs, and initiation of new programs for the year beginning July 1, 1993. Adopted Budget Ordinance No. 31659-082393. (6-0) A report recommending appropriation of additional Title II-B funds totalling $113,615.00, awarded to the Fifth District Employment and Training Consortium, to provide additional training and support for the Summer Youth Employment Program. Adopted Budget Ordinance No. 31660-082393. (6-0) A report recommending execution of an agreement with the Williamson Road Ama Business Association with regard to establishment of a Williamson Road Area Service District; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 31661-082393. (6-0) A report recommending acceptance of the bid submitted by Data Research Associates, Inc., in the amount of $28,826.93, to provide and install certain computer hardware necessary for continued operation and expansion of the Roanoke Area Automated Library System; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 31662-082393 and Resolution No. 31663-082393. (6-0) 7. A report recommending approval of the Hotel Roanoke Conference Center Commission's operating budget for fiscal year 1993-94, in the amount of $250,000.00; and transfer of $123,350.00, representing the City of Roanoke's share of the budget. Adopted Budget Ordinance No. 31664-082393 and Resolution No. 31665-082393. (6-0) 8. A report with regard to the Hotel Roanoke and Conference Center Project. Adopted Budget Ordinance No. 31666-082393. (7-0) 9. A report recommending execution of an amendment to the contract for services between the City of Roanoke and the Roanoke Redevelopment and Housing Authority dated August 28, 1992, providing for administration of certain Commnnity Development Block Grant proglams by the Housing Authority. Adopted Budget Ordinance No. 31667-082393 and Resolution No. 31668-082393. (6-0) ACTING DIRECTOR OF FINANCE: 1. A financial report for the month of July, 1993. Received and filed. 2. A report recommending an amendment to the City Code relating to bingo and raffle operations, in order to be consistent with provisions of the Code of Virginia. Adopted Ordinance No. 31669-082393. (6-0) 6. REPORTS OF COMMITTEES: A report of the committee appointed to tabulate bids received for renovations to bring Villa Heights Recreation Center into compliance with the Americans With Disabilities Act regulations, recommending award of a contract to Williams Painting and Remodeling, Inc., in the amount of $17,562.00; and transfer of funds in connection therewith. Council Member William White, Sr., Chairperson. Adopted Budget Ordinance No. 31670-082393 and Resolution No. 31671-082393. (6-0) bo A report of the Water Resources Committee recommending renewal of the fifth year option relating to the sludge disposal contract with Bio- Gro Systems, Inc. Council Member Elizabeth T. Bowles, Chairperson. Adopted Resolution No. 31672-082393. (6-0) 7. UNFINISHED BUSINESS: None. 8. INTRODUCTION AND CONSIDERATION ORDINANCES AND RESOLUTIONS: OF Re Ordinance No. 31616, on second reading, permanently vacating, discontinuing and closing an unused alley extending in a northerly direction from Murray Avenue, S. E., for a distance of approximately 167.74 feet to an alley running generally east to west between 9th and 1 lth Streets, S. E., Block 34, Map of Buena Vista Land Company. Adopted Ordinance No. 31616-082393. (5-0, Council Member Harvey was out of the Council Chamber.) Ordinance No. 31617, on second reading, rezoning two parcels of land located 130 feet from the intersection of Williamson Road and Angell Avenue, N. W., identified as Official Tax Nos. 2090307 and 2090328, from RM-1, Residential Multi-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Adopted Ordinance No. 31617-082393. (5-0, Council Member Harvey was out of the Council Chamber.) Ordinance No. 31618, on second reading, rezoning a tract of land located at the intersection of Gus Nicks Boulevard and Eastern Avenue, N. E., containing 1.007 acre, more or less, identified as Official Tax No. 3330412, from RM-1, Residential Multi-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Adopted Ordinance No. 31618-082393. (5-0, Council Member Harvey was out of the Council Chamber.) Ordinance No. 31619, on second reading, rezoning a tract of land lying west and southwest of Connecticut Avenue, off of Hollins Road, N. E., containing 9.751 acres, more or less, identified as Official Tax No. 3041207, from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner. Adopted Ordinance No. 31619-082393. (5-0, Council Member Harvey was out of the Council Chamber.) Ordinance No. 31620, on second reading, amending Section 36.1-270, Permitted uses. by the addition of new subsection (9), of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to permit public police facilities within the HM, Heavy Manufacturing District, zone. Adopted Ordinance No. 31620-082393. (6-0) 9. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor and Members of City Council. 10. Vacancies on various authorities, boards, commissions and committees appointed by Council. OTHER HEARINGS OF CITIZENS: None. CERTIFICATION OF EXECUTIVE SESSION. (6-0) Appointed Martin D. Jeffrey to the Roanoke Neighborhood Parmeaship Steering Committee. NOTICE OF INTENT TO COMPLY WITH THE AMERICANS W1TH DISABnlrIES ACT. Reasonable efforts will be made to provide adaptations or accommodations, based on individnal needs, for qnalified individuals with disabilities in any program or service offered by the City Clerk's Office, provided that reasonable advanced notification has been received. 10 David A. Bowers Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Vi~/nia 24011-1594 Telephone: (703) 981-2444 August 23, 1993 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish 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. Sincerely, Mayor DAB: se David A. Bowers Mayor Beverly T. Fitzpatrick, Jr. Vice-Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 R~anoke, Virginia 24011-1536 Telephone: (703) 981-2541 August 23, 1993 Council Members: Elizabeth T. Bowles James G. Harvey, II Delvis O. "Mac" McCadden Howard E. Musser William White, Sr. The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: As Chairperson of City Council's Personnel Committee, I am requesting an Executive Session to discuss a personnel matter, being the appointment of a specific public officer, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. Chairperson, City Council Personnel Committee BTFjr:se '93 AU6 18 ~1:05 Roanoke, Virginia August 23, 1993 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Council Members: Subject: Request for Executive Session This is to request that City Council 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 the 1972 Sewage Treatment Plant Agreement. Respectfully, cW~~~atg~rt- ~ WRH/KBK/hw cc: Ms. Mary F. Parker, City Clerk Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Mr. Kit B. Kiser, Director of Utilities & Operations '93 tlUG 19 P3:50 Roanoke, Virginia August 23, 1993 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: R~equest for Executive Sessiou Dear Mrs. Bowles and Gentlemen: This is to request that Council convene in Executive Session to discuss specific legal matters requiring the provision of legal advice by Counsel being the terms and conditions of new gas franchise pursuant to S2.1-344(A)(7) Code of Virginia (1950), as amended. , WRH:f cc: Respectfully submitted, W. Robert Herbert City Manager Wilburn C. Dibling, Jr., City Attorney Mary F. Parker, City Clerk James D. Grisso, Acting Director of Finance Kit B. Kiser, Director of Utilities and Operations MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 25, 1993 File #67-77-326-336-450 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of a communication from Mayor David A. Bowers transmitting a communication from Howard C. Packett, Chairperson of the Fifth Planning District Commission, with regard to establishment of a low-band travel radio system for the Roanoke Vailey, particularly along Interstate 81 and the Blue Ridge Parkway, which communication was before the Council of the City of Roanoke at a regular meeting held on Monday, August 23, 1993. On motion, duly seconded and adopted, the matter was referred to you for study, report and recommendation to Council no later than November 1, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Howard C. Packett, Chairperson, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 David A. Bowers Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virg/nla 24011 -I 594 Telephone: (703) 981-2444 August 18, 1993 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virg/nln Dear Mrs. Bowles and Gentlemen: Please find enclosed correspondence dated August 9, 1993, from Howard C. Packett, Cha/rman of the Fifth Planning District Commission, which was addressed to my office. Mr. Packett's letter is timely in that his efforts to establish a low-band travel radio system for the Roanoke Valley, particularly along Interstate 81 and the Blue Ridge Parkway, should be another part of our City tourism initiative. I can't quote for you at the present time the statistics, but there ara literally millions of people driving up and down the Parkway and the interstate who bypass Roanoke everyday. We obviously need to make every effort possible to lure them into our City to visit our City Market, our Transportation Museum, the Mill Mountain Park, and the other many attractions for tourists in our area. We can do this by enhanced siguage along the interstate provided by VDOT, and along the Parkway, provided by the Parkway administration. Certainly, however, this concept of low-band travel radio is another idea which enhances our ability to provide information to travellers so that they might come off of the interstate and the Parkway into our hometown. I would respectfully request that this matter be placed on the Consent Agenda for the next meeting of City Council, and, thereafter, be referred to the City Manager for review, recommendation, and report back to City Council within approximately 60 days, but no later than November 1, 1993. Thank you. Sincerely, David A. Bowers Mayor DAB :jas Enclosure FIFTH PLANNING DISTRICT COMMISSION 313 Luck Avenue, S.W. Post Office Box 2569 Roanoke, Virginia 24010 August 9, 1993 Ph: 1703)343-4417 Fax: (703)343-4416 RECEIVED AU$ 1 ! 1993 Mayor David Bowers Clty of Roanoke 215 Church Avenue, SW Roanoke, VA Dear Mayor MAYOR'S "' Over the last year, the Fifth PDC has expanded its support of tourism efforts in the Planning District. One of the areas of interest for the Commission has been the installation of low-band radio stations along Interstate 81 and the Blue Ridge Parkway. These low-band radio stations represent a cost-effective way to reach an audience that may otherwise be untapped for tourism. Efforts have been made in the past to encourage a cooperative cost- sharing arrangement to pay for acquisition and installation of these stations. Funding from the Center on Rural Development was requested by the Roanoke Valley Convention and Visitors Bureau, however, the competition for the limited monies available from that agency is quite high and the grant was not awarded. Other options, such as funding from the Appalachian Regional Commission (ARC), have been considered, but since the Roanoke Valley is not part of the ARC service area, funding from this federal source is probably not possible. The bottomline is that if the Roanoke Valley governments wish to pursue this tourism promotion effort, then local funding is the way to go. The cost of each station would range from $25,000 to $35,000 depending on the type of station desired (i.e., using electrical or solar energy), signage and the siting requirements (i.e., the need for electrical hookups and the acquisition or obtaining an easement of property). At its July 22 meeting, the Planning District Commission requested that I contact each local government in the Roanoke metropolitan area to determine if they would be willing to provide funding for two low-band radio stations along Interstate 81 (additional funding would be required later if local governments wish to place stations along the Blue Ridge Parkway). It is proposed that the two stations be placed along Interstate 81 between Troutville and the Dixie Caverns. The PDC would work with the Convention and Visitors Bureau to ensure that we capture the attention of visitors using the Interstate. AlleghanyCounty · BotetourtCounty · Craig County · Roanoke County CityofCliftonForge · CityofCovington · City of Roanoke · CityofSalem · Townof Vinton Mayor David A. Bowers Page 2 August 9, 1993 Would your locality consider allocating $30,000 from its FY'94 budget to help fund two of these low-band stations? By pooling our resources in a cooperative fashion, we can provide radio coverage to a large area along the Interstate to sell our tourism assets (especially to those who will be using Interstate 81 to travel to the 1996 Olympics in Atlanta!). Please give this proposal careful consideration. If you would like to discuss this project in more detail, please contact me at your convenience. I know that by working together, we can continue to enhance the tourism potential of the Valley. Cordially, o~wa~'~.~//Packett Chairman cc: W. Robert Herbert, Roanoke City Manager ROANOKE CIVIC CENTER '9.3.,,"~: 19 !~9 .,,"~'-; POST OFFICE BOX 13005, ROANOKE, VIRGINIA 24030-3005 PHONE (703) 981-2241 · FAX (703) 981-2748 BOX OFFICE (703) 981-1201 August 23, 1993 Honorable Mayor and Members of the Roanoke City Council c/o City Clerk 215 Church Avenue Roanoke, VA 24011 Dear Mrs. Bowles and Gentlemen: This letter is in response to your request for a report of actions taken to preclude a recurrence of the difficulties which were encountered with regard to parking and shuttle bus service on June 11, 1993 prior to the Roanoke County graduation ceremonies in the Auditorium of the Roanoke Civic Center. The graduation ceremonies in 1993 for Northside and William Byrd High Schools were held at the same time as a major convention of the Jehovah's Witnesses (between 9,000 and 10,000 in attendance) which had been scheduled for five years. The graduation ceremonies were held on a Friday afternoon. This is a time when all the overflow parking facilities are in use by business people and patrons of downtown Roanoke. This substantially reduced the capacity of available parking off the Civic Center site. There was insufficient notification to and coordination with the County Schools regarding the situation. 2. School buses were used instead of Valley Metro buses. Parents and grandparents were not notified of the situation so they could have planned to arrive earlier. Civic Center Staff will: Attempt to schedule Roanoke County graduation ceremonies at times other than in conflict with major events ...within the constraints of the County Schools' requirements. Inform the County Schools of the circumstances surrounding the chosen date and establish better coordination. The Civic Center staff has established the following procedures for all events effective June 15, 1993: Address the specific requirements of each event (which includes parking and shuttle bus requirements) in the regularly scheduled staff meeting two weeks in advance of events (rather than one week as was the case in the past). Notify clients of the Civic Center if there are other events scheduled at the same time so they are aware of potential difficulties. Add shuttle bus and parking requirements to the checklist of items to be coordinated for every event as applicable. The procedures and actions stated above have been in effect in the past. They have been refined, re-emphasized and made more rigorous. The Civic Center staff has been briefed and the importance of coordination stressed emphatically. We expect these actions to reduce the probability of recurrence of these kinds of problems. However, I believe it is incumbent upon me to point out that there is a fundamental problem with parking at the Civic Center. That problem is that there are circumstances in which parking is required for 6,000 to 7,000 cars. We have an absolute maximum capacity of 2,000 cars. It is the opinion of the Civic Center Commission that no amount of coordination ...No amount of shuttle busing ...No amount of communication ...No checklist ...No procedure ...will eliminate the possibility of the recurrence of parking problems and the complaints regarding parking. There needs to be substantial changes in the basic structure of the method of providing parking for patrons of the Civic Center. These changes need to include consideration of the needs of the Hotel Roanoke Conference Center. This subject is not appropriate in the letter and will be addressed in an action which will be taken in the near future. As the representative of the Roanoke Civic Center Commission, I hope this letter satisfies your short term concern over the parking and traffic situation at the Roanoke Civic Center. Within the near future, the Civic Center Commission will present a recommendation for a long term solution which does not involve procedures and coordination ...but rather changes to the physical plant and traffic flow. Sincerely, ROANOKE CIVIC CENTER COMMISSION Vernon M. Danielsen Chairman VMD:vn CC: Kit B. Kiser, Director - Utilities & Operations Bob Chapman, Manager - Civic Center MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2AOI 1 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 25, 1993 File #133-236-502 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31650-082393 authorizing acceptance of Grant No. 93-A8258 made to the City by the State Department of Criminal Justice Services for a Victim/Witness/Juror Assistance Program, in the amount $36,799.00 for fiscal year 1993-94, with a local match of $20,027.00 for fiscal year 1993-94; and authorizing execution and filing of the conditions of the grant and other grant documents. Resolution No. 31650-082393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 23, 1993. t'""%~4,Sincerely' ~.~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: The Honorable Donald S. Caldwell, Commonwealth's Attorney Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance George C. Snead, Jr., Director, Public Safety Mary Ann Myers, Victim-Witness Coordinator Barry L. Key, Manager, Office of Management and Budget Charles A. Harlow, Acting Grants Monitoring Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, The 23rd day of August, 1993. No. 31650-082393. VIRGINIA, A RESOLUTION authorizing the acceptance of Grant No. 93-A8258 made to the City of Roanoke by the State Department of Criminal Justice Services for a Victim/Witness/Juror Assistance Program and authorizing the execution and filing by the City Manager of the conditions of the grant and other grant documents. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the offer made by the State Department of Criminal Justice Services of Grant No. 93-A8258 in the amount of $36,799.00 for Fiscal Year 93-94 for a Victim/Witness/Juror Assistance Program. 2. The local cash match for Fiscal Year 93-94 shall be in the amount of $20,027.00. 3. The City Manager or the Assistant City Manager is hereby authorized to accept, execute and file on behalf of the City any documents setting forth the conditions of Grant No. 93-A8258. 4. The City Manager or the Assistant City Manager is further directed to furnish such additional information as may be required by the Department of Criminal Justice Services in connection with the City's acceptance of the foregoing grant or with such project. ATTEST: City Clerk. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 25, 1993 File #60-133-236-502 James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31649-082393 amending and reordaining certain sections of the 1993-94 Grant Fund Appropriations, providing for appropriation of $36,799.00 in State grant funds and transfer of $20,027.00 in local matching funds, in connection with acceptance of Grant No. 93-A8258 made to the City of Roanoke by the State Department of Criminal Justice Services for a Victim]Witness/Juror Assistance Program. Ordinance No. 31649-082393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 23, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: The Honorable Donald S. Caldwell, Commonwealth's Attorney W. Robert Herbert, City Manager George C. Snead, Jr., Director, Public Safety Barry L. Key, Manager, Office of Management and Budget Charles A. Hariow, Acting Grants Monitoring Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of August, 1993. No. 31649-082393. AN ORDINANCE to amend and reordain certain sections of the 1993-94 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to Government of the exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Judicial Administration $ 479,648 Victim Witness FY94 (1-3) ........................ 56,826 Revenue Judicial Administration $ 479,648 Victim Witness FY94 (4-5) ........................ 56,826 1) Regular Employee Salaries 2) Training and Development 3) Administrative Supplies 4) State Grant Revenue 5) Local Match (035-026-5117-1002) $ 52,972 (035-026-5117-2044) 890 (035-026-5117-2030) 2,964 (035-035-1234-7150) 36,799 (035-035-1234-7151) 20,027 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. August 23, 1993 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: Subject: Acceptance of Victim Witness Assistance Program Grant I. Background Victim/Witness Program is designed to recognize and address the needs of victims and witnesses in the Roanoke City Criminal Justice System and to continue the commitment for citizen support. Roanoke City Victim/Witness/Juror Assistance Committee (RCVWJ) was formed in the fall of 1983, by Judges and Clerks of Circuit Court, General District and Juvenile Courts, Commonwealth's Attorney, City Sheriff, Chief Magistrate, Chief of Police, Director of Administration and Public Safety, and Roanoke Bar Association. Victim/Witness Program was developed and utilized volunteers in the court system to provide services to support the needs of victims, witnesses. The RCVWJ committee submitted the program to the State with a request for full payment funding. A start-up grant (#85A6252) was issued on July 1, 1984, in the amount of $16,202 for FY 84-85 subject to proportional annual local funding to be approved each year. Ee City Council accepted the start-up grant in September, 1984, and hired a full-time program coordinator in October, 1984. The program has been in continued operation since then. Members of Council Subject: Acceptance of Victim/Witness Assistance Program Grant Page 2 II. Current situation The Victim/Witness Assistance Pro~ram has been awarded a twelve month $36,799 grant (#93-A8258) for July, 1993 through June 1994, which will be matched by a local cash match of $20,027 for a total grant budget of $56,826. The Victim/Witness Pro~ram continues to operate with a full-time coordinator, as well as a full-time assistant for Juvenile & Domestic Relations Court. Duties have expanded and increasingly greater contact has been made with persons in need of program services. A summary of FY 84-85, 85-86, 86-87, 87-88, 88-89, and 89-90 contacts documents the services of the program (see Attachment A). The victim/Witness Program is coordinated by the Office of the Commonwealth's Attorney and this office's FY 93-94 budget as approved by City Council included a local cash match grant fund of $20,027 (appropriated as outlined in Attachment B). III. Issues A. Services B. Costs IV. Alternatives A. AccePt the Victim/Witness Grant with Roanoke City paying $20,027 for a total grant of $56,826. 1. Services #93-A8258 for $36,799 as a local cash match Present level of services and contacts would be maintained for victims and witnesses in General District Court. bo Present level of services and contacts would be maintained for victims and witnesses in Juvenile & Domestic Relations District Court. Members of Council Subject: Acceptance of Victim/Witness Assistance Program Grant Page 3 2. Costs Cost to the City for Grant #93-A8258 would be $20,027 as a local cash match. City Council not accept the victim/Witness Grant #93- A8258 in the amount of $36,799. 1. Services such as those below would be greatly curtailed or not provided if the grant is not accepted. Providing felony victims and witnesses with a letter and educational brochure familiarizing them with the court system, procedures and terminology before their court appearance. Notifying the victims and witnesses of the status of pending cases thereby decreasing the number of unnecessary trips made to court and helping the victims and witnesses feel informed and a part of the criminal justice system. Providing police officers with case status information and organizing their cases so that they are heard consecutively, thus eliminating unnecessary and costly overtime charges. Assisting victims in securing court ordered restitution payments. Making victims aware of the Virginia Crime Compensation Fund and assisting them in completing the application process. Providing referrals to other agencies which can help victims address their non-criminal justice needs. Accompanying victims and witnesses to court proceedings to reduce their fears and anxieties regarding court appearances. Members of Council Subject: Acceptance of Victim/Witness Assistance Program Grant Page 4 Intercede with employers and school officials when victims and witnesses have difficulties securing time off. Assist sexual assault victims in having forensic medical bills paid for by the court system. Assist probation and parole officers in the preparation of Victim Impact Statements which are presented to the judge at the defendant's sentencing. Provide "counseling" and crisis intervention to crime victims and witnesses. Arrange for transportation to court for those victims and witnesses who have special needs. Provide public relations information in the form of courthouse tours, programs and lectures about the criminal justice system and victimology. Costs would not be an issue. Vo Recommendations City Council to concur with Alternative A, which would allow for the acceptance of, and participation in the Department of Criminal Justice Services Grant ~93-8258 for the Victim/Witness Program in the amount of $36,799 with the City providing a local cash match of $20,027 from the monies provided in the Commonwealth Attorney's FY 93-94 budget. B. Authorize the City Manager to sign and execute all appropriate documents to obtain Grant #93-A8258. Members of Council subject: Acceptance of Victim/Witness Assistance Program Grant Page 5 Appropriate $36,799 in state grant funds and transfer $20,027 in local matching funds from General Fund account 001-026-2210-3165 to the Grant Fund and establish a corresponding revenue estimate into accounts to be established by the Director of Finance. DSC:jls pc: Commonwealth' s Attorney City Manager city Attorney Director of Finance Director of Administration & Public Safety Victim Witness Coordinator Service Se 8. 9. 10. 11. 12. 13. victim witness Assistance Program Servioe 8~mmary FY FY 89-90 90-91 Case Disposition & Case Status Information Intercession with Schools or Employers crisis Intervention Referral to Crime victims Compensation Fund Restitution Payment Assistance Criminal Justice System Explanation Educational Brochures Given Total Victims Contacted Total Witnesses Contacted Courtroom Tours for Child Witnesses Volunteer/Intern Hours Utilized Amount of Restitution Collected Amount of Crime Compensation Collected for Victims FY FY 91-92 92-93 2,661 2,794 2,693 2,015 25 24 20 9 42 44 39 22 223 192 206 127 625 665 590 520 348 556 481 333 993 1,589 1,900 1,210 149 254 412 626 736 711 511 425 48 70 64 91 603 300 174 490 $36,063 $38,971 $49,530 $53,202 $67,212 $78,648 $127,024 $41,386 1. Services listed on this page statistically by the Victim Witness Criminal Justice Services. reflect the services now being counted Program as required by the Department of 2. The totals reflect the number of victims which the program has extensive contact, beyond giving routine case status information or pre-printed information. ATTACHMENT B LOCAL C~SH MATCH ~RANT FUND FY 84-85 FY 85-86 FY 86-87 FY 87-88 FY 88-89 FY 89-90 FY 90-91 FY 91-92 FY 92-93 FY 93-94 DCJS GRANT $16,202 (100%) $13,772 (71%) $32,550 (84%) $17 225 (64%) $19 048 (57%) $32 250 (62%) $35 619 (64%) $34 787 (64%) $36,706 (63%) $36,798 (65%) LOCAL C~SH MATCH $ 5,538 (29%) $ 6,575 (16%) $ 9,916 (36%) $14,514 (43%) $20,072 (38%) $20,027 (36%) $20,011 (36%) $21,419 (37%) $20,027 (35%) TOTAL $16 202 $19 310 $39 125 $27141 $33,562 $52,322 $55 961 $54 798 $58 125 $56 825 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 21~ Church Avenue, S.W., Room Roanoke, Virginia 24011 Telephone: (703) 981-2~1 Deputy City Clerk July 22, 1993 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: Mayor Bowers requested that I forward the attached report from the Honorable Donald M. Caldwell, Commonwealth's Attorney, to the members of Council for your information. The report will be included on the regular agenda of Council on Monday, August 23, 1993. With kindest personal regards, I am Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno o pc: The Honorable Donald S. Caldwell, Commonwealth's Attorney W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 25, 1993 File #76-133-236 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31652-082393 authorizing acceptance of a Multi- Jurisdictional Speciai Drug Prosecutor Grant made to the City of Roanoke by the Commonwealth of Virginia, in the amount of $84,594.00, for the period of July 1, 1993, through June 30, 1994; and authorizing acceptance, execution and filing of all appropriate documents to obtain said grant. Resolution No. 31652-082393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 23, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Alice L. Ekrich, Special Assistant Commonwealth's Attorney, Virginia Regional Drug Prosecutor, 145 W. Campbell Avenue, Suite 318, Roanoke, Virginia 24011 The Honorable Donald S. Caidwell, Commonwaaith's Attorney Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance George C. Snead, Jr., Director, Public Safety Barry L. Key, Manager, Office of Management and Budget Charies A. Hariow, Acting Grants Monitoring Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, The 23rd day of August, 1993. No. 31652-082393. VIRGINIA, A RESOLUTION authorizing the acceptance of a Multi- Jurisdictional Special Drug Prosecutor Grant made to the City of Roanoke by the Commonwealth of Virginia and authorizing the acceptance, execution and filing of all appropriate documents to obtain such grant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the Multi- Jurisdictional Special Drug Prosecutor Grant No. 93-A8219 in the total amount of $84,594.00 from the Commonwealth of Virginia for the period of July 1, 1993, through June 30, 1994. 2. The City Manager or the Assistant City Manager is hereby authorized to accept, execute, and file on behalf of the City of Roanoke any and all appropriate documents required to obtain such grant, as more particularly set forth in the report to this Council dated August 23, 1993. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of such grant or with such project. ATTEST: City Clerk. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 25, 1993 File #60-76-133-236 James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31651-082393 amending and reordaining certain sections of the 1993-94 Grant Fund Appropriations, providing for appropriation of $84,594.00, in connection with acceptance of a Multi-Jurisdictional Special Drug Prosecutor Grant made to the City of Roanoke by the Commonwealth of Virginia. Ordinance No. 31651-082393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 23, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm F. nc. pc: The Honorable Donald S. Caldwell, Commonwealth's Attorney W. Robert Herbert, City Manager George C. Snead, Jr., Director, Public Safety Barry L. Key, Manager, Office of Management and Budget Charles A. Hariow, Acting Grants Monitoring Admirdstrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of August, 1993. No. 31651-082393. AN ORDINANCE to amend and reordain certain sections of the 1993-94 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ~ro~riations Judicial Administration Multi-Jurisdiction Drug Grant FY94 R~venua Judicial Administration Multi-Jurisdiction Drug Grant FY94 (1-6) ......... (7) ........... $ 422,822 84,594 $ 422,822 84,594 1) Regular Employee Salaries 2) Local Mileage 3) Telephone 4) Administrative Supplies 5) Other Rental 6) Management Services 7) State Grant Receipts (035-026-5126-1002) (035-026-5126-2046) (035-026-5126-2020) (035-026-5126-2030) (035-026-5126-3075) (035-026-5126-7015) (035-035-1234-7149) 74,608 1,100 1,320 8OO 5,466 1,300 84,594 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. CITY OF ROANOKE REGIONAL DRUG PROSECUTOR July 30, 1993 H3notuD[= David A. Bowers, Mayor and Members of City Councfl Roanoke, Virginia Subject: Acceptance of ~;' ..... - ...... Prosecution Grant Dear Mayor Bowers and ~.~emm~" ' - -~ of City Council: Y. Background A. Federal funding was made available to the State of Virginia to be used~o~= - ghe development ou- = several Multi- JurisdSctJona] Special Drug Prosecutors statewJde. The positions were developed to coordinate prosecutortal efforts among independent jurisdictions, reduce fractional and duplicate prosecutions, enhance the recovery of criminal assets, utilize federal, state and local resources to assure maximum prosecuto¥lal effectiveness and to provide specialized prosecl~tor~al resources to the regional drug enforcement effort. In addition~ the Regional Drug Prosecutor has completed the necessary documents to be cross-designated as an Assistant U. S. Attorney. The cross-designation will permSt a state prosecutor to make use of the Federal Grand Jiffy. B. The Commonweal th ' s Attorneys of CraJ g County, Frank] in County, Roanoke County~ and the Cities of Roanoke and Salem applied on October 9, ]987, to the Commonwealth's Attorneys' Services Council, t.,x~ .... State agency responsible for the adm~ nistration of the grant moi-~ ey to fuiid a Multi- Jurisdictional Special Drug Prosecutol-. C. City Council accepted the M~,.~*-o%~r~' *sdictional ..... ope~x~x Drug Prosecutor Granh i_n April .... = ..... ~ - , ~9oo, and a Lt%£t-t[m~ Special Drug Prosecutor was hired Jn July, ~ggg. Mayor David A. Bowers Members of City Council Page Two July 30, 1993 IV. A. July x~ 1993 - The Commonwealth's Attorneys Services that this region's Grant Application was renewed in the amount of $84,594.00 for the period July I, 1993 through June 30, 1994. A. Prosecutoria] Efforts against Drug Trafficking. B. Cost. Drug Prosecutor Grant ~93-A8219 renewed [n ~he amount of $84,594.00 for the per~od J~y ~, 3.993 through June 30, 1994. i. Prosecutoriai Efforts against Dru~ Traf~ickLnq would be enha]-~ced because of centralization and coordination of efforts and spec~ai~zed expert-~se. Acceptance alsc allows of the usefulness of a :,lu]t~-Jurisd~ct~or~a] Grand Jury to aid in inves ~iga t %ons ~hroughout the five par ~icipat Lng jur~ sdJ ctions. 2. The entire cost wJ]] be fully funded by the DCJS/CASC Grank. B. City Council not accept the Multi-Jurisdictional Special Drug Prosecutor Grant ~93-A8219. 1. riu~uuuo~lam Efforts against Dru~ Trafficking will not be approached as a regLonai concept. 2. Coat would remaSn the same but t~he advantage of State funding suppo~-t for a worthy project would not be Recommendat J on A. C~ty Council cor~cur in Alternative "A" and allow for the acceptance of and contLnued participation ~n State Grant ~93- A82~9 for a Mu]tJ-Jur~sdSctJonal Special Drug Prosecutor in the amount of $84~594.00 for the period of July I, 1993 through June 30, ~99~. Mayor David A. Bowers Members of City Council Page Three July 30, 1993 B. Authorize the City Manager to sign and execute all appropriate documents to obtain State Grant %93-A82~9. C. Appropriate $g4~594.00 for the Multi-Jurisdictional Special Drug Prosecutor and establish a corresponding revenue estimate into accounts to be established by the Director of Finance in the Grant Fund. Respectfully submitted, Donald ~. Caldweli ~, Commonwealth's Attorney DSC/mst cc: City Manager City Attorney Director of F~nance Director of Administration & Public Safety MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 25, 1993 File #133-236 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31654-082393 authorizing execution of a Statement of Grant Award and Acceptance of Special Conditions of the Commonwealth of Virginia Department of Criminal Justice Services, in connection with continuation of the Roanoke City Pre-Trial Services Program, in the amount of $53,010.00, with a local match of $17,670.00, for a total program of $70,680.00, to be performed between July 1, 1993 and June 30, 1994. Resolution No. 31654-082393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 23, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. pc: Martin B. Mait, Deputy Director, Virginia Department of Criminal Justice Services, 805 East Broad Street, Richmond, Virginia 23219 James T. Phipps, Director, Court-Community Corrections Program, 220 E. Main Street, Suite 201, Salem, Virginia 24153 The Honorable Donald S. Caldwell, Commonwealth's Attorney Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance George C. Snead, Jr., Director, Public Safety Barry L. Key, Manager, Office of Management and Budget Charles A. Harlow, Acting Grants Monitoring Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of August, 1993. No. 31654-082393. A RESOLUTION authorizing execution of a Statement of Grant Award and Acceptance of Special Conditions in connection with continuation of the Roanoke City Pre-Trial Services Program. BE follows: 1. IT RESOLVED by the Council of the City of Roanoke as The Statement of Grant Award and Acceptance of Special Conditions of the Commonwealth of Virginia Department of Criminal Justice Services whereby the City accepts funding from the Commonwealth in the amount of $53,010 with a local cash match of $17,670 for a total program of $70,680 for continuation of the Roanoke City Pre-trial Services Program to be performed between July 1, 1993, and June 30, 1994, are hereby approved. 2. The City Manager, or the Assistant City Manager, are hereby authorized to execute such grant documents as may be required by the Department of Criminal Justice Services for and on behalf of the City. ATTEST: City Clerk. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 25, 1993 File #60-133-236 James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31653-082393 amending and reordaining certain sections of the 1993-94 Grant Fund Appropriations, providing for appropriation of $53,010.00 of state funds and transfer of $17,670.00 in local matching funds, in connection with execution of a Statement of Grant Award and Acceptance of Special Conditions of the Commonwealth of Virginia Department of Criminal Justice Services for continuation of the Roanoke City Pre-Trial Services Program. Ordinance No. 31653-082393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 23, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Sac. pc: The Honorable Donald S. Caldwell, Commonwealth's Attorney W. Robert Herbert, City Manager George C. Snead, Jr., Director, Public Safety Barry L. Key, Manager, Office of Management and Budget Charles A. Harlow, Acting Grants Monitoring Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of August, 1993. No. 31653-082393. AN ORDINANCE to amend and reordain certain sections of the 1993-94 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ~ations Judicial Administration Pre-Trial Diversion FY94 Revenu~ Judicial Administration Pre-Trial Diversion FY94 (2-3) ................... $ 550,328 70,680 550,328 70,680 1) Fees For Professional Services 2) State Funds 3) Local Match (035-026-5019-2010) $ 70,680 (035-035-1234-7147) 53,010 (035-035-1234-7148) 17,670 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. CITY '93 AI!F 18 0:20 Roanoke, Virginia August 23, 1993 Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Roanoke City Commonwealth Attorney's Pre-Trial Services Program Dear Mayor and Members of City Council: I. Background The Appropriations Act approved by the Virginia General Assembly durin9 its 1989 re~ular session authorized the Department of Criminal Justice Services (DCJS) to expand grant funds for the establishment of pre-trial diversion of select jailable offenses. B. The Commonwealth's Attorney, in cooperation with the Circuit, General District and Juvenile & Domestic Relations Courts, Ce established a program in 1990 under the administration of the Court-Community Corrections Program. Initially, the program was funded in total by DCJS but required a 25% local cash match effective with the 1992 fiscal year, pursuant to directive from the General Assembly. Local cash match will be required again in FY 1994 (July 1, 1993 - June 30, 1994) in order to ensure continuation Of this program. The program was well received by the Courts and continues to enjoy extensive support. The 9oals of the Pre-Trial Service Pro, ram are to: Improve the efficiency and effectiveness of the General District Court through the pre-trial (conditional) diversion and release of select non-violent offenders aa an alternative to prosecution or conviction. Reduce the demands placed upon Roanoke City's Courts and Jail through the release and diversion of select non-violent offenders, charged with jailable offenses, as an alternative to prosecution; and In,prove the efficiency and effectiveness of the Circuit, General District and Juvenile & Domestic Relations Courts through the release and diversion of select non-violent, jailable, offenses as alternative to conviction. Honorable Mayor and Memebers of City Council Subject: Roanoke City Commonwealth Attorney's Pre-Trial Services Program Page 2 II. Current Situation: City Manager and City Sheriff continue to support the concept of pre-trial diversion of selected non-violent offenders as one method of co~unity diversion to improve the efficiency and effectiveness of the Criminal Justice System in Roanoke. The Appropriation Act approved by the Virginia General Assembly during its 1991 regular session authorized DCJS to continue to provide funding for the "Roanoke City Pre-Trial Services" program in the amount of $70,680; with $53,010 in funding provided by DCJS, and $17,670 in local match provided by the City of Roanoke. A Statement of Grant Award/Acceptance form in the amount of $70,680 has been prepared for submission to DCJS by the Commonwealth's Attorney, who will administer the program. City Council's approval is necessary in order to submit the prepared Statement of Grant Award/Acceptance form to DCJS for their review and approval. III. A. Continuation of the "Roanoke City Pre-Trial Services" program. B. Fundin9 of the program required a 25% local cash match by the City of Roanoke - $17,670 of the total $70,680 for FY 1994. IV. Alternatives: City Council authorize the City Manager to execute and submit the Statement of Grant Award and Acceptance of Special Conditions to the Department of Criminal Justice Services for their review and approval of the "Roanoke City Pre-Trial Services" Program. 1. Continuation of the "Roanoke City Pre-Trial Services" program would be provided for, if approved by DCJS. Funding of the program required a 25% local cash match from the City of Roanoke for FY 1994 (as was provided in FY 1993). DCJS would again provide funding for 75% of the grant award. This equals $17,670 from the City of Roanoke and $53,010 from DCJS. Funding for the local match is available in the Transfer to Grant Fund FY 1993-94 budget. Honorable Mayor and Members of City Council Subject: Roanoke City Commonwealth Attorney's Pre-Trial Services Program Page 3 Bo City Council not authorize the City Manager to execute and submit the Statement of Grant Award and Acceptance of Special Conditions to the Department of Criminal Justice Services to allow for the continuation of the "Roanoke City Pre-Trial Services" program. Continuation of the "Roanoke City Pre-Trial Services" program would not be provided for, resulting in over 1,300 cases not being diverted in FY 1994. 2. Funding frc~ the state in the amount of $53,010 would not be provided to the City of Roanoke. V. Reco~nendation: That City Council concur with Alternative "A", thereby authorizing the City Manager to execute and submit the Statement of Grant Award and Acceptance of Special Conditions to the Department of Criminal Justice Services for the continuation of the "Roanoke City Pre-Trial Services" program under the aegis of the Roanoke City Commonwealth's Attorney. Appropriate $53,010 of state funds to accounts to be established in the Grant Fund and transfer local funds of $17,670 from General Fund account number 001-004-9310-9535 to the Grant Fund. Establish revenue estimates for the total amount of $70,680 in the Grant Fund. Donald S. Caldwell Commonwealth Attorney JTP/jm cc: City Manager City Attorney Director of Finance Director of Administration & Public Safety MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City CIerk August 25, 1993 File #60-467 James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31655-082393 amending and reordaining certain sections of the 1993-94 School Fund Appropriations, providing for appropriation of certain funds to the following school grant accounts: $3,599,943.00 - Magnet School Program for 1993-94 at William Fleming High School and Ruffner Middle School, $39,332.00 - PRAISE for Girls Program for 1993-94, $226,828.00 - Roanoke Adolescent Health Partnership, and $300,000.00 - one year pilot Regionai Alternative Education Program. Ordinance No. 31655-082393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 23, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Charies W. Day, Chairperson, Roanoke City School Board, 1830 Grayson Avenue, N. W., Roanoke, Virginia 24016 E. Wayne Harris, Superintendent of Roanoke City Public Schools Richard L. Kelley, Executive for Business Affairs, Roanoke City Public Schools June S. Nolley, Clerk of the Roanoke City School Board W. Robert Herbert, City Manager Barry L. Key, Manager, Office of Management and Budget Government of the exist. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of August, 1993. No. 31655-082393. AN ORDINANCE to amend and reordain certain sections of the 1993-94 School Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal city of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 School Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Education Magnet School 1993-94 (1-23) ..................... PRAISE for Girls 1993-94 (24-33) ................. Adolescent Health Partnership 1993-94 (34-42) .... Regional Alternative Education 1993-94 (43-60)... $23,174,266 3,599,943 39,332 226,828 300,000 Education Magnet School 1993-94 (61) ....................... PRAISE for Girls 1993-94 (6~) ......... Regional Alternative Education 1993-94 (64) ...... $23,174,266 3,599,943 39,332 226,828 300,000 1) Curriculum Specialists 2) Secondary Teachers 3) Coordinators 4) Inservice Training 5) Social Security 6) State Retirement 7) Health Insurance (030-060-6302-6107-0121) $ 207,900 (030-060-6302-6107-0121) 35,269 (030-060-6302-6107-0124) 54,470 (030-060-6302-6107-0129) 19,800 (030-060-6302-6107-0201) 24,284 (030-060-6302-6107-0202) 38,169 (030-060-6302-6107-0204) 33,595 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) 19) 20) 21) 22) 23) 24) 25 26 27 28 29 30 31' 32 33) 34) 35) 36) 37) 38) 39) Director Curriculum Development Clerical Social Security State Retirement Health Insurance Indirect Costs Printing Costs Advertising Contracted Inservice Lease of Building Administrative Travel Inservice Travel Instructional Supplies Fees Equipment Project Director Social Security State Retirement Health Insurance Indirect Costs Printing Costs Inservice Travel Field Trips Instructional Supplies Fees Counselor Nurses Clerical Social Security Retirement Health Insurance (030-060-6302-6307-0114) (030-060-6302-6307-0129) (030-060-6302-6307-0151) (030-060-6302-6307-0201) (030-060-6302-6307-0202) (030-060-6302-6307-0204) (030-060-6302-6307-0212) 030-060-6302-6307-0351) 030-060-6302-6307-0361) 030-060-6302-6307-0313) 030-060-6302-6307-0542) '030-060-6302-6307-0551) ~030-060-6302-6307-0554) ~030-060-6302-6307-0614) (030-060-6302-6307-0615) '030-060-6302-6307-0822) '030-060-6303-6107-0121) '030-060-6303-6107-0201) '030-060-6303-6107-0202) O30-060-6303-6107-0204) 030-060-6303-6107-0212) 030-060-6303-6107-0351) 030-060-6303-6107-0554) 030-060-6303-6107-0583) (030-060-6303-6107-0614) (030-060-6303-6107-0615) (030-060-6911-6672-0123) (030-060-6911-6672-0131) (030-060-6911-6672-0151) (030-060-6911-6672-0201) (030-060-6911-6672-0202) (030-060-6911-6672-0204) $ 14,062 20,000 10,738 3,427 2,835 1,616 53,775 3,410 7 371 4 200 9 600 2 422 19 035 2,638 704 12,340 382,921 24,164 1,849 2,762 2,995 657 1,000 55O 5OO 4,370 485 26,000 125,747 15,000 12,756 18,942 14,383 40) Administrative Supplies 41) Medical Supplies 42) Equipment 43) Secondary Teachers 44) Social Security 45) State Retirement 46) Health Insurance 47) Instructional Travel 48) Field Trips 49) Parent Involvement 50) Instructional Materials 51) Incentive Awards 52) Clerical 53) Social Security 54) State Retirement 55) Health Insurance 56) Indirect Costs 57) Contracted Field Experiences 58) Printing 59) Contracted Child Care 60) Office Supplies 61) Federal Grant Receipts 62) Federal Grant Receipts 63) Donation 64) State Grant Receipts (030-060-6911-6672-0601 030-060-6911-6672-0605 030-060-6911-6672-0821 030-060-6912-6100-0121 030-060-6912-6100-0201 030-060-6912-6100-0202 030-060-6912-6100-0204) 030-060-6912-6100-0551) 030-060-6912-6100-0583) (030-060-6912-6100-0585) (030-060-6912-6100-0614) (030-060-6912-6100-0615) (030-060-6912-6300-0151) (030-060-6912-6300-0201) (030-060-6912-6300-0202) (030-060-6912-6300-0204) (030-060-6912-6300-0212) 7,000 3,500 3,500 199,891 15,292 22,708 20,920 1,000 1,000 1,000 5,000 500 15,188 1,161 1,725 2,615 5,000 (030-060-6912-6300-0313) 2,000 (030-060-6912-6300-0351) 1,000 (030-060-6912-6300-0381) 3,000 (030-060-6912-6300-0601) 1,000 (030-060-6302-1102) 3,599,943 (030-060-6303-1102) 39,332 (030-060-6911-1103) 226,828 (030-060-6912-1100) 300,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. e ~)£1aARTMENT OF FINANCE CITY OF rOANOK£. VA, August 23, 1993 '93 gl]fi 19 p6:40 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Acting Director of Finance School Board Request for the Appropriation of School Funds I have reviewed the attached request to appropriate funding for the School Board. This report will appropriate funding for four grants in the School Fund. These grants will be funded with federal and state funds and donations. I recommend that you concur with the request of the School Board. JDG:das ~tingD~~nance ,,~ Charles W. Day, Chairman M. Wendy O'Neil, Vice Chairman Marilyn C. Curtis fRoanoke City School Board C. Nelson Harris Finn D. Pincus Clubert G. Poff James M. Turner, Jr. E. Wayne Harris, Superintendent o!.[he Bo°rd P.O. Box t3145, Roanoke, Virginia 24031 · 703-98t-238t · Fax: 703-98t-295t August ll, 1993 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official School Board action at its August 10, 1993 meeting, the Board respectfully requests City Council to appropriate funds to the following school grants: Grant No. 6302 - $3,599,943.00 for the Magnet School program for 1993-94 at William Fleming High School and Ruffner Middle School. The program will be one hundred percent reimbursed by federal funds. Grant No. 6303 - $39,332.00 for the PRAISE for Girls Program for 1993-94 to provide for the involvement and increase of females, especially minority females, in studies and career fields related to mathematics, science, and technology. The program will be one hundred percent reimbursed by federal funds. Grant No. 6911 - $226,828.00 for the Roanoke Adolescent Health Partnership to provide for medical services to the Roanoke City Schools in conjunction with Carilion Health Systems. The program expenses will be reimbursed by Carilion Health Services. Grant No. 6912 - $300,000.00 for the one-year pilot Regional Alternative Education program to provide model alternative curriculum and training for high risk youth with a focus on improving the total self-concept of the student. The program will be reimbursed by state funds. Sincerely, ~n~S. Nolley ~ Clerk of the Board re cc: Mr. Charles W. Day Mr. E. Wayne Harris Mr. Richard L. Kelley Mr. William L. Murray, Jr. Mr. Kenneth F. Mundy Mr. W. Robert Herbert Mr. Wilburn C. Dibling Mr. James D. Grisso Ms. Ila Farriss (with accounting details) Excellence in Education RO~hNOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION RBQUEST Hagnet Schoo! 1993-94 6302 030-060-6302-6107-0121 030-060-6302-6107-0121 030-060-6302-6107-0124 030-060-6302-6107-0129 030-060-6302-6107-0201 030-060-6302-6107-0202 030-060-6302-6107-0204 030-060-6302-6307-0114 030-060-6302-6307-0129 030-060-6302-6307-0151 030-060-6302-6307-0201 030-060-6302-6307-0202 030-060-6302-6307-0204 030-060-6302-6307-0212 030-060-6302-6307-0351 030-060-6302-6307-0361 030-060-6302-6307-0313 030-060-6302-6307-0542 030-060-6302-6307-0551 030-060-6302-6307-0554 030-060-6302-6307-0614 030-060-6302-6307-0615 030-060-6302-6307-0822 Appropriation Unit X3B Curriculum Specialists Secondary Teachers Coordinators Inservice Training Social Security State Retirement Health Insurance Director Curriculum Development Clerical Social Security State Retirement Health Insurance Indirect Costs Printing Costs Advertising Contracted Inservice Lease of Building Administrative Travel Inservice Travel Instructional Supplies Fees Equipment 207,900.00 35,269.00 54,470.00 19,800.00 24,284.00 38,169.00 33,595.00 14,062.00 20,000.00 10,738.00 3,427.00 2,835.00 1,616.00 53,775.00 3,410.00 7,371.00 4,200.00 9,600.00 2,422.00 19,035.00 2,638,704.00 12,340.00 382,921.00 $ 3,599,943.00 030-060-6302-1102 Federal Grant Receipts 3,599,943.00 The Magnet Schools program for 1993-94 will provide for the operation of the Magnet School Programs at William Fleming High School and Ruffner Middle School. The program is one hundred percent reimbursed by federal funds and will end June 30, 1994. August 10, 1993 ROAI~OKE CITY SCI{OOL BOARD Roanoke, Virginia APPROPRIATION REgUEST PRAISH for Girls 1993-94 6303 030-060-6303-6107-0121 030-060-6303-6107-0201 030-060-6303-6107-0202 030-060-6303-6107-0204 030-060-6303-6107-0212 030-060-6303-6107-0351 030-060-6303-6107-0554 030-060-6303-6107-0583 030-060-6303-6107-0614 030-060-6303-6107-0615 Appropriation Unit X3C Project Director Social Security State Retirement Health Insurance Indirect Costs Printing Costs Inservice Travel Field Trips Instructional Supplies Fees 24,164.00 1,849.00 2,762.00 2,995.00 657.00 1,000.00 550.00 500.00 4,370.00 485.00 39,332.00 39f332.00 030-060-6303-1102 Federal Grant Receipts The PRAISE for Girls program ([roject: R_oanoke's A_wareness In Science ~ducation) for 1993-94 will provide for the involvement and increase of females, especially minority females, in studies and career fields related to mathematics, science and technology. The program is one hundred percent reimbursed by federal funds and will end June 30, 1994. August 10, 1993 RO~NOK~ CITY .~ClIOOL BO~RD Roanoke. Virginia ~PPROPRIATIONRE~UI~ST Adolescent Health Partnership 93-94 6911 030-060-6911-6672-0123 030-060-6911-6672-0131 030-060-6911-6672-0151 030-060-6911-6672-0201 030-060-6911-6672-0202 030-060-6911-6672-0204 030-060-6911-6672-0601 030-060-6911-6672-0605 030-060-6911-6672-0821 Appropriation Unit X94 Counselor Nurses Clerica! Social Security Retirement Health Insurance Administrative Supplies Medical Supplies Equipment $ 26,000.00 125,747.00 15,000.00 12,756.00 18,942.00 14,383.00 7,000.00 3,500.00 3,500.00 $ 226,828.00 ~z~ ~/! 8~35-060-6907-1103 Donation $ 226,828.00 The Roanoke Adolescent Health Partnership will provide for medical services to the Roanoke City Schools in conjunction with Carillon Health Systems. Phase II of the program will begin operation October 1, 1993 and it will end September 30, 1994. The program expenses will be reimbursed by Carilion Health Services. August 10, 1993 RO~O~E CIT~ SCROOL BOARD Roanoke, Virginia APPROPRIATION P.E~UEST Regional Alternative Education 93-94 6912 030-060-6912-6100-0121 030-060-6912-6100-0201 030-060-6912-6100-0202 030-060-6912-6100-0204 030-060-6912-6100-0551 030-060-6912-6100-0583 030-060-6912-6100-0585 030-060-6912-6100-0614 030-060-6912-6100-0615 030-060-6912-6300-0151 030-060-6912-6300-0201 030-060-6912-6300-0202 030-060-6912-6300-0204 030-060-6912-6300-0212 030-060-6912-6300-0313 030-060-6912-6300-0351 030-060-6912-6300-0381 030-060-6912-6300-0601 Appropriation Unit X95 Secondary Teachers Social Security ' State Retirement Health Insurance Instructional Travel Field Trips Parent Involvement Instructional Materials Incentive Awards Clerical Social Security State Retirement Health Insurance Indirect Costs Contracted Field Experiences Printing Contracted Child Care Office Supplies $ 199,891.00 15,292.00 22,708.00 20,920.00 1,000.00 1,000.00 1,000.00 5,000.00 500.00 15,188.00 1,161.00 1,725.00 2,615.00 5,000.00 2,000.00 1,000.00 3,000.00 1,000.00 $ 300,000.00 030-060-6912-1100 State Grant Receipts $ 300¢000.00 The Regional Alternative Education program is a one year pilot program which will model alternative curriculum and training for high risk youth with a focus on improving the total self concept of the student. Program expenditures will be reimbursed by state funds in the amount of $300,000. The program will end June 30, 1994.. August 10, 1993 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2~011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 25, 1993 File #70-188-236-472 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Sincerely, I am attaching copy of Resolution No. 31657-082393 authorizing acceptance of a grant made to the City of Roanoke by the Virginia Department of Emergency Services, in the amount of $15,000.00, for purchase of equipment for the Hazardous Materiais Regional Response Team; and authorizing acceptance, execution and filing of all appropriate documents to obtain such grant. Resolution No. 31657-082393 was adopted by the Council of the City of Roanoke at a ~egular meeting held on Monday, August 23, 1993. Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric pc: Randolph M. Smith, City Manager, City of Salem, P. O. Box 869, Salem, Virginia 24153 James D. Holloway, Chief, Technological Hazards Branch, Virginia Department of Emergency Services, 310 Turner Road, Richmond, Virginia 23225-6491 George C. Snead, Jr., Director, Public Safety Wanda B. Reed, Manager, Emergency Services Rawleigh W. Quarles, Fire Chief Winston V. Simmons, Deputy Chief of Training and Safety Charles A. Harlow, Acting Grants Monitoring Administrator Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, The 23rd day of August, 1993. No. 31657-082393. VIRGINIA, A RESOLUTION authorizing the acceptance of a grant made to the City of Roanoke by the Virginia Department of Emergency Services for the purchase of equipment for the Hazardous Materials Regional Response Team and authorizing the acceptance, execution and filing of all appropriate documents to obtain such a grant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the Hazardous Materials Response Team grant in the total amount of $15,000.00 from the Virginia Department of Emergency Services for the purchase of specialized equipment for such Team. 2. W. Robert Herbert, City Manager or his successor in office is hereby authorized to accept, execute and file on behalf of the City of Roanoke any and all appropriate documents required to obtain such grant. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of the aforegoing grant or with such project. ATTEST: City Clerk. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 25, 1993 File #60-70-188-236-472 James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31656-082393 amending and reordaining certain sections of the 1993-94 Grant Fund Appropriations, providing for appropriation of $15,000.00, in connection with the purchase of specialized equipment for the Hazardous Materials Regional Response Team. Ordinance No. 31656-082393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 23, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno o pc: W. Robert Herbert, City Manager George C. Snead, Jr., Director, Public Safety Wanda B. Reed, Manager, Emergency Services Rawleigh W. Quarles, Fire Chief Winston V. Simmons, Deputy Fire Chief of Training and Safety Charles A. Harlow, Acting Grants Monitoring Administrator Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKEt VIRGINIA The 23rd day of August, 1993. No. 31656-082393. AN ORDINANCE to amend and reordain certain sections of the 1993-94 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the city of Roanoke, an emergency exist. is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDrlations Public Safety Hazardous Materials Response Team Revenue Public Safety Hazardous Materials Response Team (1) ............ (2) ............ $ 1,505,790 151,665 $ 1,505,790 151,665 1) Other Equipment 2) State Revenue (035-050-3220-9015) $ 15,000 (035-035-1234-7067) 15,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia August 23, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Roanoke City Fire Department Hazardous Materials Regional Response Team Grant I. BACKGROUND ae July 27, 1992, the Roanoke City Fire Department submitted a report to City Council recommending that the City enter into an agreement with the Virginia Department of Emergency Services for the City to provide, along with the City of Salem, a Level III Regional Response Team. B. City Council concurred with recommendation and Ce Do authorized City Manager to enter an agreement to participate in a Level III Regional Response Team. July 27. 1992, the City Manager and the State Coordinator of Emergency Services entered into this agreement which is effective until June 30, 1994 unless terminated upon thirty (30) days notice by either party. Accordina to the executed aqreement the City of Roanoke, as well as all localities who participate in a regional response team will receive "pass- through funding" to assist with the purchase of equipment to be used by the Regional Hazardous Materials Response Team. Pass-throu~h fundin~ totallino $15,000.00 has been received by the City of Roanoke as of this report and deposited in Revenue Account 035-035-1234-7067. Honorable Mayor and City Council August 23, 1993 Page 2 II. CURRENT SITUATION The City of Roanoke and the city of Salem wi]] coordinate purchase of equipment for the Hazardous Materials Regional Response Team in order to avoid duplication of expensive equipment and allow for compatibility of equipment purchased. III.ISSUES A. Fundinq B. EauiDment C. Public Safety IV. ALTERNATIVES City Council accept the Hazardous Materials Regional Response Team Grant in the amount of $15,000.00 for the purpose of providing funds to purchase specialized equipment for the Hazardous Materials Regional Response Team. Fundinq in the amount of $15.000.00 will be utilized to maintain a Level III Hazardous Materials Response Team in the City of Roanoke. 2. EauiDment - This funding shall be used in order to purchase four (4) fully encapsulated suits ($14.000.00) and one (1) suit tester ($895.00). 3. Public Safety - Level III Regional Response Team improves public safety and concept could not be implemented without State funds. City Council not accept the Hazardous Materials Reqiona] Response Team Grant in the amount of $15,000.00 to purchase specialized equipment for the Hazardous Materials Regional Response Team. Fundinq in the amount of $15,000.00 will be returned to the Treasurer, State Department of Emergency Services and request that future funding not be sent. Honorable Mayor and city Council August 23, 1993 Page 3 2. EauiDment Necessary equipment will not be purchased for response to Level III hazardous materials incidents. 3. Public Safet~ would not be improved. V. RECOMMENDATION ae City Council approve "Alternative A" and accept the Hazardous Materials Regional Response Team Grant in the amount of $15,000.00. Be city Council appropriate $15,000.00 to Other Equipment under the Hazardous Materials Response Team grant in the Grant Fund (Account Number 035-050-3220-9015). :t Director of Finance city Attorney Director Public Safety Fire Chief Deputy Fire Chief Training & Safety Respectfully submitted, Robert Herbert city Manager MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKF, OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 25, 1993 File #72-145 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31658-082393 authorizing you to enter into two contracts with The Salvation Army for payment of services delivered by the Abused Women's Program, in the amount of $12,600.00, and the Homeless Program, in the amount of $10,000.00, to citizens of the City of Roanoke. Resolution No. 31658- 082393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 23, 1993. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Major Dan L. Delaney, Commanding Officer, The Salvation Army, P. O. Box 1631, Roanoke, Virginia 24008 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance Glenn D. Radcliffe, Director, Human Development IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of August, 1993. No. 31658-082393. A RESOLUTION authorizing the City Manager to enter into two contracts with the Salvation Army for payment of services delivered by the organization's Abused Women's Program and Homeless Program to citizens of the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute, seal and attest, respectively, the requisite contracts, in form approved by the City Attorney, with the Salvation Army for payment of services delivered by said organization's Abused Women's Program and Homeless Program to citizens of the City of Roanoke, such services being more particularly set forth in report of the City Manager dated August 23, 1993, and the attachments thereto. 2. The maximum compensation to the Salvation Army under the contracts authorized by this resolution shall be $22,600.00 divided as follows: (a) $12,600.00 for the Abused Women's Program, and (b) $10,000.00 for the Homeless Program. ATTEST: City Clerk. Roanoke, Virginia August 23, 1993 Honorable Mayor and City Council Roanoke, Virginia Members of Council: SUBJECT: CONTRACT WITH THE SALVATION ARMY I. BACKGROUND A. Salvation Army applied through the Citizens Services Committee for City funds as follows: 1. $16,500.00 to operate a program for the homeless. 2. $21,000.00 to operate a shelter for battered women. City Attorney, through a written opinion, dated April 23, 1986, stated that the City may contract with The Salvation Army, a church, or sectarian institution, as long as the contract is for the care of indigent sick or injured persons, and payment of City funds under any contract does not exceed the fair market value of services rendered. C. Citizens Services Committee recommended an appropriation of $22,600.00 for Fiscal Year 1993 - 1994 to be used for either program, and City Council concurred in the recommendation. Salvation Army requests that the $22,600.00 be divided between the Abused Women's and Homeless Programs as follows: 1. $12,600.00 for the Abused Women's Program. 2. $10,000.00 for the Homeless Program. II. CURRENT SITUATION City Manaqer requests authorization from City Council to execute two contracts approved by the City Attorney with The SalvatioR Army for the payment of services provided to City citizens under the Abused Women's and Homeless Programs (see attached). III. A. ISSUES Services to City citizens. B. Legal. C. Funding. IV. ALTERNATIVES City Council authorize the City Manager or his designee to execute two contracts approved by the City Attorney with The Salvation Army for payment of services delivered by the Abused Women's Program and the Homeless Program. Services to City citizens. The Salvation Army will continue to provide services, including shelter, food, safety, counselling, and referrals to community resources to the homeless and abused women and children. Legal. Approval of the contracts will ensure compliance with the City Attorney's opinion that a contract is the only way the City can reimburse for the services. Funding. $22,600.00 has been appropriated by City Council June 28, 1993, Ordinance #31565-062893, and is available in account #001-054-5220-3752. City Council not authorize the execution of two contracts approved by the City Attorney with The Salvation Army for payment of services delivered by the Abused Women's and Homeless Programs for City citizens. Services to City citizens. The Salvation Army may have insufficient funds to provide needed services for the homeless and abused women and children. Legal. Services to the City's homeless and abused women and children could not be funded because, in the opinion of the City Attorney, the City is prohibited from appropriating a direct contribution. 3. Funding. Not an issue. V. RECOMMENDATION City Council concur in the implementation of Alternative A and authorize the City Manager to execute two contracts approved by the City Attorney with The Salvation Army for the payment of services delivered by the Abused Women's and Homeless Programs. Respectfully submitted, obert Herbert City Manager WRH/JDR/gr Attachment cc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance Glenn D. Radcliffe, Director of Human Resources CITY OF ROANOKE DEPARTMENT OF HUMAN DEVELOPMENT Abused Women's Program Contract CONTRACTOR CITY AGENCY CONTRACT PERIOD The named parties hereby enter into agreement, subject to the terms and conditions stated herein. The Salvation Army P. O. Box 1631 Roanoke, Virginia 24008 City of Roanoke Department of Human Development 215 West Church Avenue, S.W. Roanoke, Virginia 24011 July 1, 1993 through June 30, 1994 I. COMPLETE DESCRIPTION OF SERVICES Contractor aqrees to: ae Provide beds for battered women and their dependent children who are City residents during the period covered by this contract. Provide vocational guidance, individual counseling, and job placement assistance to a program monitored by the Department of Human Development to individuals placed in the program as a result of this contract. Provide requested reports to the Department of Human Development which will include: 1. Information on services given. 2. Number of City residents served. Assurance that verification is on file that residents for whom the City of Roanoke is billed were residents of the City of Roanoke prior to entering the shelter. 4. Reports as required by the monitoring staff of the Citizens Services Committee. Provide written documentation that the physical facility is in compliance with all state and local fire, health, building, and other relevant codes. Provide cooperation and compliance with the direction of the Director of Human Development and other authorized City officials. Provide the Department of Human Development with specific and measurable program objectives to be accomplished during this contract period. II. COMPENSATION AND SCHEDULE OF PAYMENTS The City of Roanoke agrees during this contract period to pay the Contractor $25.00 per family per day for City residents up to a total not to exceed $12,600.00 in total for the year for services under the conditions set forth herein. Payments will be made upon receipt of a properly executed and approved invoice on a monthly schedule. Contractor shall submit such invoice at the end of each month. The City of Roanoke reserves the right to withhold funds for services if it is determined that the services identified in Section I of this contract are not being provided in a professional, acceptable manner. III. CITY LIABILITY The Contractor acknowledges that the City of Roanoke shall not be responsible for any actions of Contractor's employees or designated representatives of the program. In the event of any litigation which may arise as a result of the Contractor's operation of this program, the Contractor agrees to assume the risk and/or liability for the cost of any such litigation, including, but not limited to, payment of damages or attorney fees to the plaintiff and hold the City of Roanoke harmless therefrom. The Contractor also acknowledges and agrees that it will provide its own legal representation and bear the cost of the same. The Contractor also acknowledges and agrees that the City shall not be obligated to provide insurance coverage, either commercially or self supplied for the Contractor. Nothing contained herein shall be deemed an expressed or implied waiver of the sovereign immunity of the City of Roanoke. Neither the Contractor, its employees, assigns, or subcontractors shall be deemed employees of the City of Roanoke or of the Department of Human Development while performing under this agreement. IV. NON-DISCRIMINATION During the performance of this contract, the Contractor agrees as follows: The Contractor will not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, sex, disability, or national origin, except where religion, sex, disability, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of this non-discrimination clause. The Contractor in all solicitations or advertisements for employees placed by or on behalf of the Contractor will state that such Contractor is an equal employment opportunity employer. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of A and B above. V. GENERAL PROVISIONS Nothing in this contract shall be construed as authority for either party to make commitments which bind the other party beyond the scope of this contract. VI. CANCELLATION CLAUSE This contract shall remain in full force and effect until cancelled by either party giving the other party 30 days written notice of cancellation. Any such notice of cancellation shall be in writing and sent by certified mail (return receipt required) to the City of Roanoke, Director of Human Development, Room 356, 215 West Church Avenue, S.W., Roanoke, Virginia 24011 in the case of the City; and to the Captain, The Salvation Army, P. O. Box 1631, Roanoke, Virginia 24008 in the case of The Salvation Army. No payment will be made for expenses incurred or services rendered after receipt of notice except those expenses incurred prior to date of termination that are necessary to curtailment of operations under this contract. B. The Contractor is hereby informed that failure to comply with any of the above condition shall constitute grounds upon which the City of Roanoke may terminate this contract and/or discontinue payments after 30 days notice to the contractor. C. If this action is taken, the Director of Human Development will notify the program in writing by certified mail. VII. RELIGIOUS ORGANIZATION It is recognized that the Salvation Army is a religious organization, and as such, agrees that religious programs and orientation shall not be mandated for residents, but may be made available at the resident's request. No such program or orientation will be funded in whole or in part with funds provided pursuant to this contract. IN WITNESS WHEREOF by the following signatures and seals the City of Roanoke and The Salvation Army have executed this contract as of this day of , 1993. ATTEST CITY OF ROANOKE City Clerk City Manager THE SALVATION ARMY (Title) CITY OF ROANOKE DEPARTMENT OF HUMAN DEVELOPMENT Homeless Program Contract CONTRACTOR CITY AGENCY CONTRACT PERIOD The named parties hereby enter into agreement, subject to the terms and conditions stated herein. The Salvation Army P. O. Box 1631 Roanoke, Virginia 24008 City of Roanoke Department of Human Development 215 West Church Avenue, S.W. Roanoke, Virginia 24011 July 1, 1993 through June 30, 1994 I. COMPLETE DESCRIPTION OF SERVICES Contractor aqrees to: Provide beds who are City contract. for men, women, and their dependent children residents during the period covered by this Provide food, shelter, vocational guidance, individual counselling, and job placement assistance to a program monitored by the Department of Human Development to individuals placed in the program as a result of this contract. Provide requested reports to the Department of Human Development, which will include: 1. Information on services given. 2. Number of City residents served. Assurance that verification is on file that residents for whom the City of Roanoke is billed were residents of the City of Roanoke prior to entering the shelter. 4. Reports as required by the monitoring staff of the Citizens Services Committee. Provide written documentation that the physical facility is in compliance with all state and local fire, health, building, and other relevant codes. III. Provide cooperation and compliance with the direction of the Director of Human Development and other authorized City officials. Fo Provide the Department of Human Development with specific and measurable program objectives to be accomplished during this contract period. II. COMPENSATION AND SCHEDULE OF PAYMENTS CITY A. The City of Roanoke agrees during this contract period to pay the Contractor $20.00 per day per bed for City residents up to a total not to exceed $10,000.00 in total for the year for services under the conditions set forth herein. Payments will be made upon receipt of a properly executed and approved invoice on a monthly schedule. Contractor shall submit such invoice at the end of each month. The City of Roanoke reserves the right to withold funds for services if it is determined that the services identified in Section I of this contract are not being provided in a professional, acceptable manner. LIABILITY The Contractor acknowledges that the City of Roanoke shall not be responsible for any actions of Contractor's employees or designated representatives of the program. In the event of any litigation which may arise as a result of the Contractor's operation of this program, the Contractor agrees to assume the risk and/or liability for the cost of any such litigation including, but not limited to, payment of damages or attorney fees to the plaintiff and hold the City of Roanoke harmless therefrom. The Contractor also acknowledges and agrees that it will provide its own legal representation and bear the cost of the same. The Contractor also acknowledges and agrees that the City shall not be obligated to provide insurance coverage, either commercially or self supplied for the Contractor. Nothing contained implied waiver of Roanoke. herein shall be deemed an expressed or the sovereign immunity of the City of Neither the Contractor, its employees, assigns, or subcontractors shall be deemed employees of the City of Roanoke or of the Department of Human Development while performing under this agreement. IV. NON-DISCRIMINATION During the performance of this contract, the Contractor agrees as follows: The Contractor will not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, sex, disability, or national origin, except where religion, sex, disability, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of this non-discrimination clause. The Contractor in all solicitations or advertisements for employees placed by or on behalf of the Contractor will state that such Contractor is an equal employment opportunity employer. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of A and B above. GENERAL PROVISIONS Nothing in this contract shall be construed as authority for either party to make commitments which bind the other party beyond the scope of this contract. VI. CANCELLATION CLAUSE This contract shall remain in full force and effect until cancelled by either party giving the other party 30 days written notice of cancellation. Any such notice of cancellation shall be in writing and sent by certified mail (return receipt required) to the City of Roanoke, Director of Human Development, Room 356, 215 West Church Avenue, S.W., Roanoke, Virginia 24011 in the case of the City; and to the Captain, The Salvation Army, P. O. Box 1631, Roanoke, Virginia 24008 in the case of The Salvation Army. No payment will be made for expenses incurred or services rendered after receipt of notice except those expenses incurred prior to date of termination that are necessary to curtailment of operations under this contract. The Contractor is hereby informed that failure to comply with any of the above conditions shall constitute grounds upon which the City of Roanoke may terminate this contract and/or discontinue payments after 30 days notice to the Contractor. If this action is taken, the Director of Human Development will notify the program in writing by certified mail. VII. RELIGIOUS ORGANIZATION A. It is recognized that the Salvation Army is a religious organization, and as such, agrees that religious programs and orientation shall not be mandated for residents, but may be made available at the resident's request. No such program or orientation will be funded in whole or in part with funds provided pursuant to this contract. IN WITNESS of Roanoke and The Salvation day of WHEREOF by the following signatures and seals Army have executed this contract as of this , 1993. the City ATTEST: CITY OF ROANOKE City Clerk City Manager THE SALVATION ARMY (Title) MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V/rgJnia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 25, 1993 File #60-236-246 James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31659-082393 amending and reordaining certain sections of the 1993-94 Consortium Fund Appropriations, providing for appropriation of $1,133,894.00, in connection with additional funds awarded to the Fifth District Employment and Training Consortium by the Governor's Employment and Training Department for continuation of existing activities, implementation of planned programs and initiation of new programs. Ordinance No. 31659-082393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 23, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno o pc: W. Robert Herbert, City Manager Glenn D. Radcliffe, Director, Human Development Vickie L. Price, Administrator, Fifth District Employment and Training Consortium Barry L. Key, Manager, Office of Management and Budget Charles A. Harlow, Acting Grants Monitoring Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of August, 1993. No. 31659-082393. AN ORDINANCE to amend and reordain certain sections of the 1993-94 Consortium Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE Roanoke that certain Appropriations, be, to read as follows, IT ORDAINED by the Council of the City of sections of the 1993-94 Consortium Fund and the same are hereby, amended and reordained in part: A o r'atlons Fifth District Employment & Training Consortium - Title~l~le'~'i~J~iiii!iiiiiiii!iii!iii!iiii!iilI-C (31-64). Title III-40% (65-79) ........................... Other Jurisdictional Contributions (80-83) ...... Summer Food Services Program (84-85) ............ Reve~e Fifth District Employment & Training Consortium - Title II-C (87) Title 111-401 (88) ............................... Other Jurisdictional Contributions (89) .......... Summer Food Services Program (90) ................ $1,907,492 519,483 343,505 250,000 8,576 162,558 $1,907,492 519,483 343,505 250,000 8,576 162,558 1) Administrative Wages 2) Administrative Fringes 3) Administrative Travel (034-054-9461-8350) $ 70,000 (034-054-9461-8351) 15,000 (034-054-9461-8352) 3,000 4) Administrative Cormmunications 5) Administrative Supplies 6) Administrative Insurance 7) Administrative Contractual Services 8) Administrative Leases 9) Administrative Equipment 10) Administrative Miscellaneous 11) Training Wages 12) Training Fringes 13 Training Travel 14 Training Communications 15 Training Supplies 16 Services Wages 17 Services Fringes 18 Services Travel 19 Services Communications 20 Services Supplies 21 Testing Fees 22 Participant Support 23) Tuition 24) TAP Vocational Training 25) Dabney S Lancaster Adult 26) TAP ABE/GED 27) Roanoke County Schools 28) RADAR 29) OJT 30) Funding Authority 31) Administrative Wages 32) Administrative Fringes 034-054-9461-8353) $ 3,000 034-054-9461-8355) 1,500 034-054-9461-8356) 1,500 034-054-9461-8357) (034-054-9461-8358) 034-054-9461-8359) 034-054-9461-8360) 034-054-9461-8050) '034-054-9461-8051) '034-054-9461-8052) ~034-054-9461-8053) 034-054-9461-8055) 034-054-9461-8030) 034-054-9461-8031) 034-054-9461-8032) (034-054-9461-8033) (034-054-9461-8035) (034-054-9461-8431) (034-054-9461-8461) (034-054-9461-8500) (034-054-9461-8131) (034-054-9461-8170) (034-054-9461-8172) (034-054-9461-8452) (034-054-9461-8210) (034-054-9461-8501) (034-054-9461-9990) (034-054-9463-8350) (034-054-9463-8351) 2,500 2,000 5,000 397 34,750 8,696 383 1,129 525 11,700 2,924 210 368 131 60O 1,000 50,000 60,205 86,657 110,461 19,970 8,500 8,000 9,377 44,000 10,500 33) 34) 35) 36) 37) 38) 39) 4O) 41) 42) 43 44 45 46 47 48 49 5O 51) 52) 53) 54) 55) 56) 57) 58) 59) Administrative Travel Administrative Communications Administrative Supplies Administrative Insurance Administrative Contractual Services Administrative Leases Administrative Equipment Administrative Miscellaneous Administrative Scheneman & Spencer Training Wages Training Fringes Training Travel Training Communications Training Supplies Services Wages Services Fringes Services Travel Services Communications Services Supplies Testing Fees Participant Support Tuition Work Experience Child Care Opportunity Knocks Support Alleghany Highlands Dabney Lancaster Youth (034-054-9463-8352) $ 1,000 (034-054-9463-8353) 1,500 (034-054-9463-8355) 1,000 (034-054-9463-8356) 1,000 (034-054-9463-8357) 1,500 (034-054-9463-8358) 1,000 (034-054-9463-8359) 2,500 (034-054-9463-8360) 588 (034-054-9463-8535) 4,113 (034-054-9463-8050) 7,000 (034-054-9463-8051) 500 (034-054-9463-8052) 50 (034-054-9463-8053) 100 (034-054-9463-8055) 50 (034-054-9463-8030) 1,500 (034-054-9463-8031) 500 (034-054-9463-8032) 50 (034-054-9463-8033} 50 (034-054-9463-8035) 50 (034-054-9463-8431) 50 (034-054-9463-8461) 800 (034-054-9463-8500) 7,400 (034-054-9463-8462) 100 (034-054-9463-8324) 386 (034-054-9463-8486) 6,000 (034-054-9463-8158) 15,000 (034-054-9463-8150) 20,000 60) Roanoke City Alternative Education 61) Roanoke City Schools Teen Parent 62) Roanoke County Schools 63) Scheneman & Spencer 64) TAP Project Success 65 Administrative Wages 66 Administrative Fringes 67 Administrative Communications 68 Administrative Supplies 69 Basic Readjustment Services Wages 70 Basic Readjustment Services Fringes 71 Basic Readjustment Services Travel 72 Basic Readjustment Services Communications 73) Basic Readjustment Services Supplies 74) Basic Readjustment Services VEC 75) Retraining Wages 76) Retraining Fringes 77) Tuition 78) Testing Fees 79 Supportive Services 80 Administrative Communications 81 Administrative Supplies 82 Administrative Leases 83 Administrative Miscellaneous 84 Administrative Wages 85) Administrative Fringes 86) Title II-A Revenue 87) Title II-C Revenue (034-054-9463-8156) (034-054-9463-8441) (034-054-9463-8445) (034-054-9463-8155) (034-054-9463-8152) (034-054-9482-8350) 034-054-9482-8351) 034-054-9482-8353) 034-054-9482-8355) 034-054-9482-8066) 034-054-9482-8067) 034-054-9482-8068) (034-054-9482-8069) (034-054-9482-8070) 034-054-9482-8405) 034-054-9482-8061) 034-054-9482-8062) 034-054-9482-8500 034-054-9482-8431 034-054-9482-8461 034-054-9480-8353 034-054-9480-8355 034-054-9480-8358 '034-054-9480-8360' 034-054-9385-8350 034-054-9385-8351 034-034-1234-9461 034-034-1234-9463 $ 39,108 10,000 25,000 53,004 88,106 8,000 2,000 1,000 1,500 34,193 15,000 5O0 1,000 400 9,452 8O0 31 159,669 1,000 15 455 2 000 2 558 2 000 2 018 10 330 2,000 519,483 343,505 88) Title III-40% Revenue 89) Other Jurisdictional Contributions Revenue 90) Summer Food Service Program-Local (034-034-1234-9482) $250,000 (034-034-1234-9480) 8,576 (034-034-1234-9385) 12,330 BE IT FURTHER ORDAINED that, an emergency Ordinance shall be in effect from its passage. existing, this ATTEST: City Clerk. August 23, 1993 £:ITY Honorable Mayor and City Council Roanoke, Virginia '93 All6 18 All :05 Members of Council: SUBJECT: Funding for the Fifth District Employment and Training Consortium I. BACKGROUND ao The Fifth District Employment and Traininq Consortium (FDETC) submitted its Implementation Strategy for the Program Year (PY) 1994 Title II-A Adult and Title II-C Youth programs in July 1993. Planned programs include on-the-job training, work experience, job related education, classroom training, job placement activities, and remedial education. Bo FDETC submitted application to the Virginia Employment Commission (VEC) for the PY 1994 Economic Dislocated Worker Adjustment Act (EDWAA) 40% Regional Projects. 1. Grant will serve workers laid off from Alleghany Apparel, ITT, Grumman, Leggetts, Gardner-Denver, Sears, and Clark-American. 2. Planned proqrams include on-the-job training, classroom training, customized training, remedial education, and job placement activities. Co Jurisdictions in the Fifth Planninq District, which include the Cities of Roanoke, Salem, Clifton Forge, and Covington, as well as the Counties of Roanoke, Alleghany, Botetourt, and Craig, were requested to contribute funds to offset the agency's administrative deficit. Funding requests were calculated based on population, utilization, costs of services, weighted vote, and the economically disadvantaged population. Do City of Roanoke has allocated funds from the Department of Human Development to assist with costs incurred for the Summer Food Service Program. E · City of Roanoke is the qrant recipient for FDETC funding. City Council must appropriate the funding for all grants the FDETC receives. II. CURRENT SITUATION III . IV. ko Governor's Employment and Training Department (GETD) sent the FDETC Notice of Award (NOA) # 94-03-01 in the amount of $519,483.00 in Title II-A funding for PY 1993. B. GETD sent the FDETC NOA # 94-03-02 in the amount of $343,505.00 in Title II-C funding for PY 1993. C. VEC has awarded the FDETC $250.000.00 in Title III 40% funding per agreement # GRP-93-5-3. Jurisdictions in the Fifth Planning District have been asked to contribute $11,018.00 to offset a portion of the FDETC's administrative costs. To date, allocations totalling $8,576.00 has been confirmed from five of the participating jurisdictions. City of Roanoke has allocated $12,330.00 per FY'94 adopted budget in Human Development funding to assist the FDETC with the operation of the Summer Food Service Program. Funding for the FDETC totals $1,133,894.00 for the year beginning July 1, 1993, from all confirmed sources listed above. ISSUES A. Program Operations B. Funding C. Timing ALTERNATIVES ao ADpropriate the FDETC's additional funding totalling $1,133,894.00 and increase the revenue estimate by $1,133,894.00 in accounts to be established by the Acting Director of Finance. Program ODerations Existing activities will continue, planned programs will be implemented, and new programs will be initiated by FDETC's Policy Board and Private Industry Council. 2 o Funding Funds are available from the Grantor agency at no additional cost to the City, with the exception of $12,330.00 for the Summer Food Service Program, to be paid from the Department of Human Development. Timing - Immediate action will allow programs to be implemented and completed within planned time frames. B. Do not appropriate the FDETC's fundinq totalling $1,133,894.00. 1o Proqram Operations Planned programs to serve participants would be delayed. 2. Fundinq - Not a factor. 3. Timinq - Delay will cause late start-up of programs and underexpenditure of available funds. RECOMMENDATION Approve Alternative A: Appropriate the FDETC's fundinq totallinq $1,133,894.00 and increase the revenue estimate by $1,133,894.00 in accounts to be established by the Acting Director of Finance. Respectively submitted, Robert Herbert Ci~cy Manager WRH/VLP:lr cc: Acting Director of Finance City Attorney Director of Human Development FDETC Administrator MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 25, 1993 File #60-236-246-304 James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31660-082393 amending and reordaining certain sections of the 1993-94 Consortium Fund Appropriations, providing for appropriation of $113,615.00 in Title II-B funds, to the Fifth District Employment and Training Consortium by the Governor's Employment and Training Department, to provide additional training and support for the Summer Youth Employment Program. Ordinance No. 31660-082393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 23, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. po: W. Robert Herbert, City Manager Glenn D. Radcliffe, Director, Human Development Vickie L. Price, Administrator, Fifth District Employment and Training Consortium Barry L. Key, Manager, Office of Management and Budget Charles A. Harlow, Acting Grants Monitoring Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of August, 1993. No. 31660-082393. AN ORDINANCE to amend and reordain certain sections of the 1993-94 Consortium Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. Roanoke THEREFORE, BE that certain Appropriations, be, to read as follows, IT ORDAINED by the Council of the city of sections of the 1993-94 Consortium Fund and the same are hereby, amended and reordained in part: a ro riations Fifth District Employment & Training Consortium - FY93 . · ~evenue Fifth District Employment & Training Consortium - FY93 ........................................... Title II-B (7) .................................. $3,644,153 712,170 $3,644,153 712,170 1) Dabney Lancaster 2) Roanoke city Schools 3) Roanoke City Schools 4) Roanoke County Schools 5) TAP 6) Funding Authority 7) Title II-B Carryover (034-054-9365-8232) $ 12,000 (034-054-9365-8231) 1,500 (034-054-9365-8156) 3,000 (034-054-9365-8239) 12,500 (034-054-9365-8233) 35,000 (034-054-9365-9990) 49,615 (034-034-1234-9379) 113,615 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. August 23, 1993 }{onorable Mayor and C~cy~o~Ylcl-± Roanoke, Virginia Members of Council: SUBJECT: Funding for the Fifth District Employment and Training Consortium I. BACKGROUND ko The Governor's Employment and Training Department (GETD) has allocated additional Title II-B funds to the Fifth District Employment and Training Consortium (FDETC). These monies will provide additional training and support for the Summer Youth Employment Program. City of Roanoke is the grant recipient for FDETC funding. City Council must appropriate the funding for all grants the FDETC receives. II. CURRENT SITUATION A. GETD sent the FDETC Notice of Award (NOA) # 93-03-11 in the amount of $113,615.00 in Title II-B for Program Year 1992. B. Immediate distribution of these additional II-B funds is necessary to meet Federal Requirements. III. ISSUES Ao Program Operations B. Funding C. Timing IV. ALTERNATIVES Appropriate the FDETC's funding for additional Title II-B funding totalling $113,615.00 and increase the revenue estimate by $113,615.00 in accounts to be established by the Acting Director of Finance. Program Operations Existing activities will continue, planned programs will be implemented, and new programs will be initiated by FDETC's Policy Board and Private Industry Council. 2. Funding Funds are available from the Grantor agency at no additional cost to the City. Vo Timinq Immediate action will allow programs to be implemented and completed within planned time frames. B · Do not appropriate the FDETC's fundinq for the Title II-B funding totalling $113,615.00. 1. Proqram Operations Planned programs to serve participants would be delayed. Fundinq - Would not be a factor. Timinq Delay will result existing activities and available funds. in inability to extend underexpenditure of RECOMMENDATION Approve Alternative A: Appropriate the FDETC's fundinq for Title II-B totallinq $113,615.00 and increase the revenue estimate by $113,615.00 in accounts to be established by the Acting Director of Finance. Respectively submitted, C~Q°bM~nr tagHeerrbert WRM:lr cc: Acting Director of Finance City Attorney Director of Human Development FDETC Administrator MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 25, 1993 File #60-79-165-169-342-450 James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31661-082393 amending and reordaining certain sections of the 1993-94 General Fund Appropriations, providing for appropriation of $49,035.00, in connection with establishment of a Williamson Road Area Service District. Ordinance No. 31661-082393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 23, 1993. Sincerely, f~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. pc: Charles E. Overstreet, President, Williamson Road Area Business Association, p. O. Box 5892, Roanoke, Virginia 24012 Sherry L. Basham, President, Williamson Road Action Forum, Inc., P. O. Box 5064, Roanoke, Virginia 24012 Joseph B. Wright, President, Downtown Roanoke, Inc., 310 First Street, S. W., Roanoke, Virginia 24011 Franklin D. Kimbrough, III, Executive Director, Downtown Roanoke, Inc., 310 First Street, S. W., Roanoke, Virginia 24011 The Honorable Jerome S. Howard, Jr., Commissioner of Revenue The Honorable Gordon E. Peters, City Treasurer 1993-94 emergency. WHEREAS, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of August, 1993. No. 31661-082393. AN ORDINANCE to amend and reordain certain sections of the General Fund Appropriations, and providing for an 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 1993-94 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A ro riations Parks, Recreation and Cultural Contributions (1) ................................. Nondepartmental Contingency - General Fund (2) .................... Revenue $ 4,452,195 1,260,964 46,307,076 365,527 General Property Taxes $ 54,930,443 Current-Williamson Road District Tax (3) 49 035 1) Williamson Road Area Service District 2) Contingency 3) Current - Williamson Road District Tax (001-002-7220-3756) $ 48,054 (001-002-9410-2199) 981 (001-020-1234-0106) 49,035 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. '93 tt1I~ 19 P4:57 August 23, 1993 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Council Members: Subject: Williamson Road Area Service District I. BACKGROUND: Ao Williamson Road Area Service District was established by Ordinance No. 31472, adopted by City Council on May 24, 1993, effective July 1, 1993. Bo Aereement between the WRABA and the City of Roanoke was authorized by Ordinance No. 31473, adopted by City Council on May 17, 1993. $49.035.00 is the estimate established by the Director of Finance to be generated from the additional $. I0 in real estate tax to be levied against properties in the Williamson Road Area Service District. Do Additional eovernmental services, including but not limited to, economic and business development, promotional activities, business and developer recruitment and beautification are to be funded with the special tax. Eo The Williamson Road Area Business Association (WRABA) has been performing a number of these general services in Roanoke for several years and was instrumental in making the case to the Williamson Road landowners for the need of this type of funding. II. CURRENT SITUATION: The WRABA has submitted a budget and work plan which was approved on August 10, 1993, by the City Manager. B. Funds for the WRABA have not been appropriated. III. ISSUES: Ve A. Timing. B. Cost. C. Williamson Road area development. IV. ALTERNATIVES: City Council authorize the appropriation of $48,054 and $981, respectively, to an account to be established for payment to the Williamson Road Area Service District and to the General Fund Contingency, Account g001-002-9410-2199, with a corresponding revenue estimate of $49,035. 1. Timing is important in that July 1 began the new fiscal year. Funding to be appropriated from the additional $. 10 on real estate tax rate. Estimated collections from assessments equal $49,035, less an administrative fee of 2% or $981. Payments to the Williamson Road Area Service District are estimated to be $48,054. Williamson Road Area development will be further enhanced with its promotion by an organization made up of many businesses and property owners in the area. Bo Do not authorize the appropriation of $48,054 and $981, respectively, to an account to be established for payment to the Williamson Road Area Service District and to the General Fund Contingency, Account #001-002-9410-2199, with a corresponding revenue estimate of $49,035. 1. Timing is important since the contract year was to begin on July 1. 2. Funding would not be available. 3. Williamson Road Area development would be hampered. RECOMMENDATION: Appropriate $48.054 and $981. respectively, to an account to be established for payment to the Williamson Road Area Service District and to the General Fund Contingency, Account//001-002-9410-2199, with a corresponding revenue estimate of $49,035. wl~/bjw Respectfully submitted: obert Herbert City Manager Wilburn Dibling, Jr., City Attorney James Grisso, Acting Director of Finance Jerome Howard, Commissioner of Revenue Gordon Peters, City Treasurer Robert Bird, Municipal Auditor Phillip Sparks, Acting Chief of Economic Development Charles Overstreet, President, WRABA Barry Key, Manager, Management and Budget WILLIANSON ROAD AREA SERVICE DISTRICT SERVICES AGREEMENT THIS AGREEMENT, made the day of August, 1993, by and between the CITY OF ROANOKE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, and WILLIAMSON ROAD AREA BUSINESS ASSOCIATION, INC., a corporation organized under the laws of the Commonwealth of Virginia; WI TNESSETH: I. BACKGROUND The Virginia General Assembly in 1981 enacted S15.1-18.3 of the Code of Virginia, which, as amended to date and in conjunction with S15.1-18.2 of the Code of Virginia, provides in part that the governing body of a city may, by ordinance, create "service districts" in order to provide additional or more complete services of government than are desired in the city as a whole. The governing body of a city may, under the provisions of ~15.1- 18.2.C.4 of the Code of Virginia, contract with any firm to provide such additional governmental services in a service district. Under the provisions of $15.1-18.2.C.6 of the Code of Virginia, the governing body may also levy and collect an annual tax on the property in such service district to pay the cost of providing additional governmental services in the district. Williamson Road Area Business Association, Inc., is a non- profit corporation organized in 1981 for the purpose of promoting the development of the Wllliamson Road Area Business District of the City of Roanoke. The Wllliamson Road Area Business Association, Inc., has recommended the establishment of the Williamson Road Area Service District for the City of Roanoke to promote economic development, management and community relations in the Wllliamson Road area. On April 12, -1993, the City Council of the City of Roanoke, at the request of the Williamson Road Area Business Association, Inc., held a public hearing pursuant to Virginia Code S58.1-3007 concerning the proposal of the Williamson Road Area Business Association to the City of Roanoke to create a Williamson Road Area Service District. On May 24, 1993, the Council of the City of Roanoke adopted Ordinance No. 31472 providing for the creation of a Wllliamson Road Area Service District for the City of Roanoke in order to "provide additional governmental services not being offered uniformly throughout the entire City, including but not limited to, economic and business development and promotional activities intended to foster business retention, business recruitment and developer recruit- ment; planning for the development or revitalization of the Willtamson Road area and for the transportation needs of the Wllliamson Road Area and to create a more attrac- tive environment in the Wllliamson Road area." Ordinance No. 31472 amended the Code of the City of Roanoke (1979) by the addition of new sections 32-103, Wllliamson Road Area service district created, 32-103.1, Additional tax imposed, 32- 103.2, Wllliamson Road Area service district defined, 32-103.3 Purposes of tax, and 32-103.4, Other powers and duties. The terms of Ordinance No. 31472 provide that it shall be in full force and effect On July 1, 1993. -2- II. ~URPOSE OF AGREEMENT The City of Roanoke desires to contract with the Wllliamson Road Area Business Association, Inc., as an independent contractor on behalf of the City to foster economic advancement and develop- ment of the Wllliamson Road Area Service District, and the Williamson Road Area Business Association, Inc. desires to serve in such capacity, on the terms and conditions set forth below. III. AGREEMENT In consideration of the mutual covenants and obligations herein, the City of Roanoke (hereinafter "City") and the Wllliamson Road Area Business Association, Inc. (hereinafter "WRABA") covenant and agree as follows: 3.1. Independent Contractor Relationship. During the term of this Agreement, WRABA shall be the independent contractor of the City for the purpose of undertaking the development activities in the Wllliamson Road Service District hereinafter enumerated with tax revenues generated from the Wllltamson Road Area Service District pursuant to City Code S32-103.1. 3.2. ~erm. The ter~ of this Agreement shall be for one year, commencing July 1, 1993 and ending on June 30, 1994. The term of this Agreement shall be automatically extended on each July, com~encing July 1, 1994, for one year until June 30, 1996, at which time this Agreement shall terminate, unless the Agreement is terminated earlier by either party under the provisions of Section 3.16 herein. .3.3. Activities to be Undertaken. Funds made available to WRABA will be applied to provide additional governmental services to the Wllliamson Road Area Service District which are not being -3- offered uniformly throughout the entire City, including but not limited to: (a) Economic and business development and promo- tional activities intended to foster business retention, business recruitment and developer recruitment; planning for the development or revitalization of the service district; and (b) Those other activities set forth in Virginia Code S15.1-18.2.C as shall be agreed upon from time to time by the City Manager and WRABA. 3.4 ~rohibited Activitie-. No Wllliamson Road Area Service District funds from the City shall be expended by WRABA for the following purposes: (a) Promotion of individual businesses; (b) Support of partisan political activities or lobbying of any legislative body, including the Roanoke' City Council; (c) Acquisition of real property or construction of public facilities, except with the express consent of the City Council; (d) Promotion or development of any area outside the Williamson Road Area Service District not incidental to promotion or development of the Wllliamson Road Area Service District. 3.5. Overhead Reimbursement. The parties contemplate that the activities undertaken by WRABA in connection with the Wllliamson -4- Road Area Service District will Constitute the principal activity of WRABA during the term of this Agreement. As compensation for its services, WRABA shall be entitled to apply from the funds received from the City an amount, approved by the City Manager, sufficient to cover a pro-rata share of WRABA,s overhead expense, including salaries and benefits, expenses and rents based on total WRABA receipts; provided, however, that in no event shall more than 60% of funds received from the City be used to cover overhead expense. 3.6. Work Program/Budget. (a) Prior to the execution of this agreement, WRABA shall have submitted to the City Manager for approval a work program and budget setting forth in reasonable detail the Willtamson Road Area Service District activities planned for the 1993-1994 fiscal year and the anticipated expenditures of City funds involved. The City Manager shall approve or otherwise respond to the proposed work program and budget no later than June 1 in order that any necessary modifications may be settled on or before July 1. (b) No later than April i of each subsequent year during the term of this Agreement, beginning with April 1, 1994, WRABA shall submit to the City Manager for approval a work program and budget setting forth in reasonable detail the Wllliamson Road Area Service District activities planned for the next year and the anticipated expenditures of City funds involved. The City Manager shall -5- approve or otherwise respond to the proposed work program and budget no later than May I in order that any necessary modifica- tions be settled upon before July 1. (c) Within the parameters established by the approved program and budget, and subject to the express limiting terms and condi- tions of S$15.1-18.2 and 15.1-18.3, Code of Virginia (1950), as amended, and S~32-103 through 32-103.4 of the Code of the City of Roanoke (1979), as amended, and of this Agreement, WRASA shall have the discretionary authority to carry out the Wtlliamson Road Area Service District activities tn such manner as it deems appropriate. 3.? 9ksbursements to WRABA. (a) For purposes of this section, the phrase "actual net revenues., shall mean actual tax receipts to the City under ~32- 103.1, Code of the City of Roanoke (1979), as amended, less two percent (2%) of actual tax receipts for the City's administrative costs incurred in collecting and administering such receipts. In no year shall total payments to WRABA exceed actual net revenues for the year. (b) For City fiscal year 1993-1994 (July 1, 1993 to June 30, 1994) and succeeding fiscal years, the City shall make three (3) Payments to W~A~A= on or after November 5, May 5, and July 15. Each of the first two payments shall be tn the amount equal to 1/2 of the actual net revenues to the City under ~32-103.1 for the City's fiscal year, and the third payment shall be the net difference between Payments and the actual net revenues as of June 30, Of SUCh fiscal year. At the conclusion of the City's ftscal year, the City shall compare actual net revenues for such fiscal -6- year to the two payments already made to WRABA for such fiscal year, and the difference between actual net revenues and the total amount of the two payments made to WRABA prior to the conclusion of the fiscal year. (d) For fiscal year 1994-1995 and each succeeding fiscal year, the Director of Finance shall prior to March 1 make an estimate of actual net revenues to be received by the City pursuant to S32-103.1 during the next succeeding flscal year. Such estimate shall be provided to WRABA prior to March 1 of each year for use by WRABA in planning and budgeting for the next succeeding fiscal year (July I to June 30). 3.8. Subcontracttnq. It is contemplated that WRABA will from time to time contract with firms and individuals for the acquisi- tion of goods or services in the furtherance of the activities contemplated by this Agreement. WRABA will not enter into any contract relating to activities contemplated by this Agreement or involving the expenditure of funds provlded to WRABA by the City under this Agreement where the amount of such contract is $5,000 or more without written authorization of the City Manager unless the amount of the contract sum and the nature of the goods or services to be acquired were disclosed in the work program and budget submitted for the year in which the contract is to commence. 3.9. Books and Records~ Audits. WRABA shall keep accurate books and records of all City funds received and disbursed, and of all activities undertaken pursuant to this Agreement. WRABA will make such books and records available to the Municipal Auditor of -7- the City or other independent auditor selected by the City during its regular office hours. 3.10. Contacts with Prospective Developers. WRABA shall inform the City's Chief of Economic Development on a regular basis of all contacts with or by potential developers with services interest in the Williamson Road Service District. A representative from the City's Economic Development Office shall have the right to be present at any presentations by or to interested developers. 3.11. Board of Directors. During the term of this Agreement, WRABA shall elect one representative from and designated by the City Council to be an ex officio member of the Board of Directors of WRABA with full voting rights and privileges. 3.12. Indemnification. WRABA shall indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, legal actions and Judgments advanced against the City or its officers, agents or employees, and for expenses the City may incur in this regard, arising out of WRABA's negligent acts or omissions, intentional and unintentional, with respect to carrying out this Agreement or exercising any rights, privileges or duties granted by the City to WRABA through this Agreement. WRABA shall have no indemnification obligation with respect to any claim, legal action, Judgment, loss, cost, expense or damage for which demand for indemnification is not received by WRABA on or prior to the date which is five years from the date of expiration or termination of this Agreement. -8- 3.13. Insurance. (a) WRABA shall obtain and maintain during the life of this Agreement a policy or policies of comprehensive general liability insurance with an insurance company or companies licensed to do business in Virginia with a Best Rating of A or better; which policy or policies shall provide coverage with respect to claims arising out of the subject matter of this Agreement. The amount of such insurance shall not be less than: 1. In the case of bodily injury liability insurance, $500,000.00 for injuries, including death, to one person in any one occurrence, and $1,000,000.00 annual aggre- gate; 2. In the case of property damage insurance, $500,000.00 for damage in any one occurrence, and $1,000,000.00 annual aggregate; 3. The above amounts may be met by "umbrella" coverage in a minimum amount of $1,000,000.00, provided that such "umbrella" coverage shall pick up at the maximum levels of underlying coverages so that there shall be no gaps in coverage. (b) W~ABA shall name the City and its officers, agents and employees, as additional lnsureds on the above policies. (c) WRABA shall furnish the City with certificates of insurance evidencing the required coverage, referencing this agreement, and containing a statement to the effect that the -9- coverage shall not be canceled or materially altered except after ten (10) days written notice to the City. (d) During the life of this Agreement WRABA shall furnish the City with a fidelity bond on its employees in an amount not less than $100,000.00 3.14. Assignment. Neither the City nor WRABA may assign its rights or obligations hereunder without the prior written consent of the other. 3.15. Notices. Any notices required by the terms of this Agreement shall be deemed to have been given'when delivered in mail, postage pre-paid, in the U.S. addressed to= person to or deposited registered or certified, (a) If to the City= City Manager City of Roanoke Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (b) If to WRABA: or at any such Executive Director Wllliamson Road Area Business Association, Inc. P. O. Box 5892 Roanoke, Virginia 24012 other address as each party may designate for itself by notice given in accordance with this Section 3.15. 3.16. Termination. The City or WRABA may terminate this Agreement at any time, with or without cause, by giving notice pursaant to Section 3.15 of this Agreement to the other at lease ninety (90) days prior to the expiration of any one year term of -10- thie Agreement. The City may terminate this Agreement at any time if WRABA applies funds paid to W~ABA by the City for any purpose other than purposes contemplated by this Agreement, provided that reasonable notice and opportunity to cure shall first be afforded. 3.17. Employment Discrimination Prohibited. In the perfor- mance of this Agreement, WRABA shall not discriminate against any contractor, subcontractor, sublessee, employee, applicant for employment, or invitee because of race, religion, color, sex, or national origin except where race, religion, color, sex, or national or~gin is a bona fide qualification reasonably necessary to the normal operation of WRABA. WITNESS the following signatures as of the date first abo%e written. ATTEST: CITY OF ROANOKE, VIRGINIA Mary F. Parker, City Clerk W. Robert Herbert, City Manager ATTEST: WILLIAMSON ROAD AREA BUSINESS ASSOCIAT~N, INC ./~ (% Approved as to Form= Kathleen Marie Kronau Assistant City Attorney -11- MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 R~anoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKLN Deputy City Clerk August 25, 1993 File #323-472 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31663-082393 accepting the bid of Data Research Associates, Inc., in the amount of $28,826.93, for provision and installation of computer hardware for the Roanoke Area Automated Library System, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract; and rejecting the other bid made to the City. Resolution No. 31663-082393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 23, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. pc: Craig Slansberg, Sales Consultant, Data Research Associates, Inc., P. O. Box 8595, St. Louis, Missouri 63132-1806 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance Glenn D. Radcliffe, Director, Human Development M. Emily Keyser, Acting City Librarian Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, General Services William F. Clark, Director, Public Works Archie W. Harrington, Manager, City Information Systems Barry L. Key, Manager, Office of Management and Budget MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKF OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 25, 1993 File//323-472 Frederick Offermann, Consultant Federal Data Corporation 4800 Hampden Lane Bethesda, Maryland 20814 Dear Mr. Offermann: I am enclosing copy of Resolution No. 31663-082393 accepting the bid of Data Research Associates, Inc., in the amount of $28,826.93, for provision and installation of computer hardware for the Roanoke Area Automated Library System, upon certain terms and conditions. Resolution No. 31663-082393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 23, 1993. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed equipment. Sincerely, City Clerk MFP: sm gnc. IN THE COUNCIL OF THE CITY OF ROANOKE, The 23rd day of August, 1993. No. 31663-082393. VIRGINIA, A RESOLUTION accepting the bid of Data Research Associates, Inc., for the provision and installation of computer hardware for the Roanoke Area Automated Library System, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract; and rejecting the other bid made to the City. BE follows: 1. IT RESOLVED by the Council of the City of Roanoke as The bid of Data Research Associates, Inc., in the total amount of $28,826.93, for the provision and installation of computer hardware for the Roanoke Area Automated Library System, as more particularly set forth in the August 23, 1993 report of the City Manager to this Council, such bid being the only responsive bid made therefor, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. The other bid made to the City for the aforesaid work is hereby REJECTED, and the City Clerk is directed to notify such bidder and to express the City's appreciation for such bid. ATTEST: City Clerk. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2~011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 25, 1993 File #60-323-472 James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31662-082393 amending and reordaining certain sections of the 1993 -94 City Information Systems Fund Appropriations, providing for appropriation of $28,827.00, in connection with purchase and installation of certain computer hardware necessary for continued operation and expansion of the Roanoke Area Automated Library System. Ordinance No. 31662-082393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 23, 1993. Sincerely, ~O~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: W. Robert Herbert, City Manager Glenn D. Radcliffe, Director, Human Development M. Emily Keyser, Acting City Librarian Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, General Services William F. Clark, Director, Public Works Archie W. Harrington, Manager, City Information Systems Barry L. Key, Manager, Office of Management and Budget IN THE cOUNCIL OF THE CITY OF ROANOKE, VIRGINI~ The 23rd day of August, 1993. No. 31662-082393. AN ORDINANCE to amend and reordain certain sections of the 1993-94 City Information Systems Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency exist. is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 City Information Systems Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ~ons City Information Systems (1) ...................... $ 2,260,902 Revenue Revenue Other Revenue Retained Earninas $ 2,204,843 (2) ................................. 68,912 Unrestricted Retained Earnings (3) ................ $ 1) Other Equipment (013-052-1601-9015) $28,827 2) CIS - Salem and County (013-020-1234-1069) 16,576 3) Unrestricted Retained Earnings (013-3336) 12,251 1,104,055 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Roanoke, Virginia August 23, 1993 '93 I.IG18 1 :31 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bids for Library System, Computer Hardware, Bid NO. 93-6-100 I. Background II. The Roanoke Area Automated Library. System has been operational for three years. The system serves Roanoke City, Roanoke County, and Salem under a cost sharing agreement. Since its inception the system has been successful; expanded use has resulted in the need for additional data storage. Roanoke County and Salem have agreed to share in the costs of this procurement. New Tape and Disk Drive will provide the needed storage capacity to continue to operate and expand the system. Specifications were developed along with a request for quotation, and were sent to nine (9) vendors that are currently listed on the City's bid list for this type of service. A public advertisement was also published in the Roanoke Times and Roanoke Tribune. Current Situation Specifications requested a new Cartridge Tape Subsystem, a new Disk Drive and Installation services. Two (2) bids were received. Only one was determined to be responsive. All bids were evaluated in a consistent manner by representatives of Roanoke City, Roanoke County, and Salem. D. The only valid response, submitted by Data Research Associates, Inc., meets all required specifications. Federal Data Corporation bid did not meet specifications. The tape d~ive bid will not operate with existing equipment. Used equipment was bid while specifications required standard new equipment. Library System, Computer Hardware Bid No 93-6-100 Page 2 III. Issues Equipment Needs Compliance with Specifications Funding IV. Alternatives A. Award Bid for the purchase and installation of computer hardware to Data Research Associates, Inc. (Bid price of $28,826.93). Vo Equipment Needs will be met. Compliance with Specifications - Bidder above complied with requirements of the bid specifications. Funding for the City's share of $12,251.45 is available in the City Information Systems prior year retained earnings. The County of Roanoke and City of Salem will reimburse the City $13,548.66 and $3,026.82 respectively. B. Do not award bid for the purchase of computer hardware. Equipment Needs will not be met. Compliance with Specifications is not an issue in this alternative. 3. Funding is not an issue in this alternative. Recommendations. Council concur with Alternative "A" - award bid for the purchase of computer hardware and installation services to Data Research for the amount of $28,826.93. Library System, Computer Hardware Bid No 93-6-100 Page 3 Appropriate $28,826.93 to account number 006-052-1601-9015, Other Equipment. Increase the revenue estimate from Roanoke County and Salem by $13,548.66 and $3,026.82 respectively, with the remaining $12,251.45 appropriated from retained earnings. Respectfully submitted, eH~rbert MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 25, 1993 File #60-247-258 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31665-082393 approving the annual operating budget of the Hotel Roanoke Conference Center Commission for fiscal year 1993-1994, in the amount of $250,000.00, upon certain terms and conditions. Resolution No. 31665-082393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 23, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc.' Dr. Raymond D. Smoot, Jr., Vice President for Business Affairs and Treasurer, 312 Burruss Hail, Virginia Tech, Blacksburg, Virginia 9.4061-0142 Margie W. Thomas, Secretary of Virginia Tech, Board of Visitors, 210 Burruss Hail, Virginia Tech, Blacksburg, Virginia 24061-0142 Brian J. Wishneff, Acting Director, Hotel Roanoke Conference Center, 111 Franklin Plaza, Suite 230, Roanoke, Virginia 24011 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance PhilHp F. Sparks, Acting Chief, Economic Development Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of August, 1993. No. 31665-082393. A RESOLUTION approving the annual operating budget of the Hotel Roanoke Conference Center Commission for fiscal year 1993- 1994 upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the annual operating budget for the Hotel Roanoke Conference Center Commission for fiscal year 1993-1994 in the amount of $250,000.00 with the Commission being authorized to have line item budgeting authority is hereby approved, all as more particularly set forth in the City Manager's report to this Council dated August 23, 1993. ATTEST: City Clerk. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2a011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 25, 1993 File #60-247-258 James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Gvisso: I am attaching copy of Ordinance No. 31664-082393 amending and reordaining certain sections of the 1993-94 General Fund Appropriations, providing for the transfer of $123,350.00, representing the City of Roanoke's share of operating costs in connection with the Hotel Roanoke Conference Center Commission's operating budget for fiscal year 1993-94, in the totai amount of $250,000.00. Ordinance No. 31664- 082393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 23, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc o W. Robert Herbert, City Manager Brian J. Wishneff, Acting Director, Hotel Roanoke Conference Center, 111 Franklin Plaza, Suite 230, Roanoke, Virginia 24011 Phillip F. Sparks, Acting Chief, Economic Development Barry L. Key, Manager, Office of Management and Budget 1993-94 emergency. WHEREAS, Government of the exist. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of August, 1993. No. 31664-082393. AN ORDINANCE to amend and reordain certain sections of the General Fund Appropriations, and providing for an for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the city of Roanoke that certain sections of the 1993-94 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Parks, Recreation & Cultural Contributions (1) ................................. Non-Departmental Transfers to Other Funds (2) ...................... $ 4,527,491 1,336,260 46,182,745 46,271,430 1) Contribution to HRCCC 2) Transfer to Capital (001-002-7220-3755) $ 123,350 (001-004-9310-9508) (123,350) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. CITY C!: '93 ~11~ 18 ~]1 :(15 August 23, 1993 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Hotel Roanoke Conference Center Commission Budget 1993-94 II* HI. Subject: Background: A. IV. ' the establishment of an Enterprise Fund entitled "Hotel Roanoke Conference Center Commission" on July 27, 1992. B. Virginia Tech Board of Visitors and the City of Roanoke contributed $50,000 each for the operating costs of the Enterprise Fund. Current Situation: A. ~ for the Hotel Roanoke Conference Center Commission (HRCCC) must be approved by Roanoke City Council and the Virginia Tech Board of Visitors according to Sections 21 B and C of the Hotel Roanoke Conference Center Commission Act. Operating costs are to be evenly split. This year Virginia Tech is being credited for two past studies it paid for. B. HRCCC adopted an operating budget for FY93-94 at their meeting on August 3, 1993. C. Virginia Tech Board of Visitors will be asked to approve and contribute to the HRCCC budget at their meeting on August 30, 1993. Issues: B. Ouality of the pr~ect. C. Timing. Alternatives: A. ' ' ' the following actions: 1. Approve HRCCC budget of $250.000 for FY93-94. Members of Council August 23, 1993 Page 2 2. Transfer IL123,3~ to the Hotel Roanoke Conference Center Commission Fund. Funding is available in account number 001-004-9310-9508, transfers to the Capital Projects Fund. a. Funding is available in an account created to support the conference center. b. t~ality~gzl/~I would be assured. c. Timing is critical in order to meet construction schedule. City Council not authorize the transfer of funds nor approve the HRCCC budget. 1. Eundiag is not an issue. 2. Ous~t~g,4z:~ would be jeopardized. 3. Timing delays will threaten project completion. Recommendation: City Council concur in Alternative A authorizing the following: 1. Approve HRCCC budget of IIL?,5_0.X)00 for FY93-94. 2. Transfer $123.350 from account number 001-004-9310-9508 to an account to be established by the Acting Director of Finance entitled Contribution to the Hotel Roanoke Conference Center Commission pay for the City of Roanoke's share of the budget. Respectfully submitted, Wx~Robert Herbert Cit~J Manager Bo WRH/BAJ:kdc cc: Acting Director of Finance City Attorney Manager, Management and Budget Acting Director of Conference Center HOTEL ROANOKE/CONFERENCE CENTER COMMISSION BUDGET FY 93-94 Compensation -part time salaries and fringe benefits Office Rental -office space for Commission staff Supplies -general office supplies Training and Development -conference and workshop registration and travel, etc. Telephone -lease of equipment and long distance charges Equipment Rental -copier, personal computer, fax machine, etc. Promotion -public relations activities Fees for Professional Services -management and initial services contracts, attorney's fees, etc. Contingency $ 21,000 4,000 3,000 4,000 1,200 !,400 7,400 203,000 5,000 Total $250,000 HRCCC Account Balance Virginia Tech City of Roanoke $ 33,868 $ 92,782* $250,000 *Virginia Tech received credit for Kirkland and C&L studies paid for previously. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2~011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 25, 1993 File #2-53-178-247-258 James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31666-082393 amending and reordaining certain sections of the 1993-94 Capital Fund and Hotel Roanoke Conference Center Commission Fund Appropriations, transferring $313,700.00 to provide funds for the purchase of approximately 4.679 acres of land on the Hotel Roanoke site by the Roanoke Redevelopment and Housing Authority from the Virginia Tech Real Estate Foundation, in connection with the Hotel Roanoke Conference Center Project. Ordinance No. 31666-082393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 23, 1993. Sincerely, fp.~_ Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. pc: Neva H. Smith, Executive Director, City of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Brian J. Wishneff, Acting Director, Hotel Roanoke Conference Center, 111 Franklin Plaza, Suite 230, Roanoke, Virginia 24011 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Phillip F. Sparks, Acting Chief, Economic Development Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF RO/%NOKE, VIRGINI~ The 23rd day of August, 1993. No. 31666-082393. AN ORDINANCE to amend and reordain certain sections of the 1993-94 Capital Fund and Hotel Roanoke Conference Center Commission Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to Government of the exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 Capital Fund and Hotel Roanoke Conference Center Commission Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: CaDital Fund ADproDriations General Government Conference Center Land Purchase - RRHA (1-2) ....... Revenue General Obligation Bond Proceeds (3) ............... Hotel Roanoke Conference Center Commission Fund Appropriations Conference Center (4-5) ............................ Revenue General Obligation Bond Proceeds (6) ............... $ 18,226,951 3,000,000 1,313,700 $ 12,800,000 12,486,300 1) Appropriation from Bond Funds (008-002-9656-9001) $ 313,700 2) Appropriation from General Revenue (008-002-9656-9003) (313,700) 3) GOB Proceeds (008-1245) 313,700 4) Appropriation from Bond Funds (010-002-9657-9001) (313,700) 5) Appropriation from General Revenue (010-002-9657-9003) 313,700 6) GOB Proceeds (010-1245) (313,700) BE IT FURTHER ORDAINED that, an emergency Ordinance shall be in effect from its passage. existing, this ATTEST: City Clerk. Honorable Mayor and Members of City Council Roanoke, Virginia August 23, 1993 '93 /NIIG19 ?4:20 Dear Mayor and Members of Council: Subject: Hotel Roanoke and Conference Center City Council appropriated $3 million on March 22, 1993 for the purpose of contracting with Roanoke Redevelopment and Housing Authority (RRHA) for purchase of approximately 4.67 acres of land on the Hotel Roanoke site from the Virginia Tech Real Estate Foundation (VTREF). $2 million came from a city capital account and was to be paid at closing; $1 million was to come from anticipated bond proceeds and paid at the time the bonds were sold. Bo City Council authorized the City Manager on June 7, 1993 to enter into a contract between the city of Roanoke and RRHA to allow the RRHA to purchase approximately 4.67 acres of land on the Hotel Roanoke site from VTREF. The 4.67 acres consisted of two sites, one was the parking lot along Williamson Road (2.630 acres) and the other was the site of the conference center along Jefferson Street (2.049 acres). City Council appropriated $12.8 million of anticipated bond proceeds on March 22, 1993 to the Hotel Roanoke Conference Center Commission capital account for the purpose of designing and constructing a conference center. II. CURRENT SITUATION Bond counsel has recommended that the source of funds to purchase the land be amended. Previous appropriations need to be adjusted in order to follow Bond Counsel's advice. III. ISSUES A. Funding Members of Council August 23, 1993 Page 2 iv. ~ City Council authorize the following actions: 1. Transfer $313,700 from anticipated bond proceeds account/t010-002-9657 to the land purchase account//008-002-9656. 2. Transfer $313,700 of capital funds from the land purchase account tt008- 002-9656 to the anticipated bond proceeds account ~010-002-9657. A. F_mlding is available. B. Timing is important as the land transfer is a critical part of the project construction schedule. City Council not authorize the actions listed in Alternative A. 1. ~ could be in jeopardy. 2. liming is important as the land sale is about to become final. RECOMMENDATION: Recommend Alternative A to authorize the following actions: 1. Transfer $313,700 from anticipated bond proceeds account ~t010-002-9657 to the land purchase account ~008-002-9656. 2. Transfer $313,700 of capital funds from the land purchase account tt008- 002-9656 to the anticipated bond proceeds account ~010-002-9657. Respectfully submitted, obert Herbert Manager Members of Council August 23, 1993 Page 3 CC; James D. Grisso, Acting Director of Finance Wilbum C. Dibling, Jr., City Attorney Brian J. Wishneff, Acting Director Conference Center Neva Smith, RRHA Director Barry L. Key, Manager, Management and Budget MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAICIN I~puty City Clerk August 25, 1993 File #178-200-236 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31668-082393 authorizing execution of an amendment to the Contract for Services between the City of Roanoke and the Roanoke Redevelopment and Housing Authority dated August 28, 1992, providing for administration of certain Community Development and Block Grant programs by the Roanoke Redevelopment and Housing Authority. Resolution No. 31668-082393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 23, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm gnc. pc: Neva H. Smith, Executive Director, City of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N.W. Roanoke, Virginia 24017 ' Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance WilLiam F. Clark, Director, PubLic Works Ronald H. Miller, Building Commissioner H. Daniel Pollock, Jr., Housing Development Coordinator PhiLiip F. Sparks, Acting Chief, Economic Development Charles A. Harlow, Acting Grants Monitoring Administrator Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of August, 1993. No. 31668-082393. A RESOLUTION authorizing execution of an amendment to the Contract for Services between the City of Roanoke and the Roanoke Redevelopment and Housing Authority dated August 28, 1992 providing for the administration of certain Community Development and Block Grant programs by the Housing Authority. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest respectively, an amendment to the Contract for Services between the City of Roanoke and the Roanoke Redevelopment and Housing Authority, dated August 28, 1992 providing for the administration of certain Community Development and Block Grant programs by RRHA to extend the term of the contract to the earlier of October 15, 1993 or the authorization and execution of a new contract for fiscal year 1993-94 and to increase the funds available to the Down Payment and Closing Cost Assistance Program to $455,841.00, such amendment to be in substantially the form attached hereto and approved as to form by the City Attorney. ATTEST: City Clerk MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 25, 1993 File #178-236-247-258 James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31667-082393 amending and reordaining certain sections of the 1993-94 Grant Fund Appropriations, providing for the transfer of $120,000.00 from Economic Development FY94 - Hotel Roanoke 108 Interest to Housing FY94 - Downpayment and Closing Cost Assistance, in connection with an amendment to the Contract for Services between the City of Roanoke and the Roanoke Redevelopment and Housing Authority dated August 28, 1992. Ordinance No. 31667- 082393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 23, 1993. Sincerely,~._.~.~ ~' //~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Neva H. Smith, Executive Director, City of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N.W. Roanoke, Virginia 24017 ' Brian J. Wishneff, Acting Director, Hotel Roanoke Conference Center, 111 Franklin Plaza, Suite 230, Roanoke, Virginia 24011 W. Robert Herbert, City Manager William F. Clark, Director, Public Works Ronald H. Miller, Building Commissioner H. Daniel Poliock, Jr., Housing Development Coordinator Phillip F. Sparks, Acting Chief, Economic Development Charles A. Harlow, Acting G~ants Monitoring Administrator Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of August, 1993. No. 31667-082393. AN ORDINANCE to amend and reordain certain sections of the 1993-94 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Community Development Block Grant FY93-94 $ 2,584,400 Housing FY94 (1) .................................. 627,630 Economic Development FY94 (2) ..................... 863,690 1) Downpayment and Closing Cost Assistance 2) Hotel Roanoke 108 Interest (035-093-9320-5117) (035-093-9330-5135) $ 120,000 (120,000) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. August 23, 1993 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Amendment to Contract for Services with RRHA to Extend Term of Contract and to Transfer CDBG Funds I. Background The Roanoke Redevelopment and Housing Authority (RRHA) administers a variety of Droarams for the City, under an annual "Contract for Services". The Contract for Services between the City and the RRHA expired June 30. 1993. Arrangements for a new Contract for Services for Fiscal Year 1993-94 have not yet been completed. One orogram activity administered bv the RRHA under contract is the Down Payment and Closing Cost Assistance Program, which provides grants of federal funds up to $3,500 to enable first- time homebuyers of Iow-moderate income to buy homes within the City. RRHA has continued to administer ongoina orogram activH;ies provided for in last fiscal year's contract, in the absence of a new contract, as has been the practice in past years. City Attorney has advised that all _program activities and exoenditure of funds by the RRHA is without authority in the absence of a current Contract for Services. All CDBG funds aoorooriated for the Down Payment and Closing Cost Assistance Pro_aram have been used, including the $102,752 appropriated for Fiscal Year 1993-94. The RRHA has accepted approximately 46 additional applications for assistance with $150,000 of HOME funds, in anticipation of the FY 1993-94 Contract for Services. It has been determined that a se[~arata contract for services with the RRHA is necessary to cover administration of HOME funds, the details of which contract have also not been fully negotiated with the RRHA. August 23, 1993 Page 2 All oersoective homebuvers having filed aoDlications have entered into sales contracts and applied for mortgage loans to buy their homes. Timing of closing on their new homes is critical, as sales contracts and mortgage loan commitments may expire. Extension of the orevious Contract with the RRHA and allocation of additional CDBG funds for the Down Payment Proaram would authorize the RRHA to continue ongoing program activities, including the Down Payment Program, thereby allowing existing Program applicants to close on their new homes. G= Excess CDBG funds are av{~il{~ble in the Hotel Roanoke 108 Loan Payment account, as the financial closings for the Hotel Roanoke will not occur until after the first of 1994. This delay will save the interest charges for several months. III. Issues A. Imoact on community develooment objectives and activities B. Timing C. Legality_ D. Cost to the City IV. Alternatives A= Authorize an amendment (attached) to the ~992-93 Contract for Services with the RRHA to provide for: -- An extension of time for oerformance of activities under the contract through October 15. 1993. or until succeeded by another Contract for Services. whichever is earlier: and -- The transfer of $120.000 of CDBG funds from the Hotel Roanoke 108 Loan Payment account ¢035-093-9330-5135) to the Downoavment and Closina Cost Assistance Program (035-093-9320-5117). Imoact on community develooment ob!ectives and activiti~- would be met, as all program activities administered by the RRHA for the City will be continued temporarily, including August 23, 1993 Page 3 assistance to more than 40 new Iow-moderate income families to become homeowners. The viability of the Hotel Roanoke project would not be jeopardized. Timing would allow continuation of significant projects and programs of the City and RRHA, and would allow dozens of home sales transactions to close before loan commitments or sales contracts expire. Leoalitv would be met, as RRHA would have authority to continue activities and use of funds allocated to those activities. ~ would be nothing beyond what is currently budgeted. Do not authorize amendments to the 1992-93 Contract for Servic-- with the RRHA to extend the time of that Contract and to transfer of $120,000 of CDBG funds from the Hotel Roanoke 108 Loan Payment account to the Down Payment and Closing Cost Assistance Program. ImPact on community develooments and activit, i~? would be negative, as important community development activites by the RRHA would be interrupted; and an important and successful incentive for new homebuyers would be lost or at best delayed several weeks. Timing is such that activities will be severely disrupted at least until September 13, the earliest date on which the new Contract could be presented to City Council and the RRHA Board of Commissioners for approval. Many of the real estate sales pending now would fail, due to loan commitments expiring before mid-September. 3. Legality would not be an issue. 4. Cost to the City would not be an issue. V. Recommendation A~)orove Alternative A. thereby authorizing an amendment (attached) with the 1992~93 Contract for Services with the the RRHA to provide for: August 23, 1993 Page 4 -- an extension of time for oerformance of activities under the contract through October 15, 1993. or until succeeded by another Contract for Services. whichever is earlier; and -- the transfer of $120.000 of CDBG funds from the Hotel Roanoke 108 Loan Payment account ~035-093-9330-51;~5) I;0 the Down Payment and Closino Cost Assistance Progr{~m (035- 093-9320-5117). WRH:HDP:rs(rhaamd3) CC: City Attorney Acting Director of Finance Director of Public Works Chief of Economic Development Grants Monitoring Administrator Housing Development Coordinator Executive Director, RRHA Respectfully submitted, W. Robert Herbert City Manager Amendment No. 3 to 1992-93 Contract for Services T~IS AMENDMENT, entered into this 23rd day of August, 1993, by and between the CITY OF ROANOKE (Grantee) and the CITY OF RO/kNOKE REDEVELOPMENT AND HOUSING AUTHORITY (Subgrantee). W~EREAS, the Grantee and the Subgrantee have, by a Contract for Services under the Com~aunity Development Block Grant (CDBG) program, dated August 28, 1992, contracted for the provision of certain services by the Sub~rantee in relation to the implementation of the City's CDBG program; and W~ERFOkS, by Resolution No. , adopted August 23, 1993, City Council has, and by Resolution No. , adopted August 23, 1993, the Commissioners of the City of Roanoke Redevelopment and Housing Authority have authorized the execution of this amendment to the Contract dated August 28, 1992, such amendment to provide for the continued administration of the CDBG programs. NOW, T~EREFORE, the Grantee and the Subgrantee do mutually agree to amend: Part I, 8. Section A, subsection 8, to read as follows: Down Payment and Closin~ Cost Assistance Program - The Subgrantee shall administer the Down Payment and closing Cost Assistance Pro~ram on behalf of the Grantee, in accordance with Attachment D. This program consists of grants, of up to $3,500 each, to low-moderate income buyers of their first homes. Grant funds may be used to pay for up to one-half of the required down payment, all closing costs, and all prepaid expenses, including buy-downs of interest rates. Grants may apply to purchase of any owner- occupied homes throughout the City. The Subgrantee will assist with marketing and outreach for the pro~ram, will process applications, determine eligibility, and make grants as required for closing of home purchases, secured by a grant agreement with each assisted home buyer. All such grants shall not exceed $4~5.841 from CDBG funds, which may not be used for this activity beyond September 30, 1993 unless extended by the Federal government. Total CDBG program cost is $455.841. Part IV, Section A, to read as follows: The Subgrantee shall commence the provision of the services described in Part I of this agreement as of July 1, 1992, and continue through October 15, 1993, or until succeeded by another Contract for Services, whichever is earlier. Reporting requirements and annual audit shall cover the full program year period from July 1, 1992, through October 15, 1993, unless a subsequent Contract for Services provides for reporting and auditing for the period after June 30, 1993. The Agreement shall remain unchanged in all other terms and provisions. IN WITNESS WHEREOF, the Grantee and Subgrantee have executed this amendment as of the date first written above. ATTEST: CITY OF ROANOKE City Clerk By City Manager ATTEST: CITY OF ROANOKE REDE~-ELOPbIENT AND HOUSING AUTHORITY Witness By Executive Director Appropriation and Funds Required for this Contract Certified: Account No. 035-093-9320-5117 Director of Finance Date: Approved as to Form: Approved as to Execution: Approved as to CDBG Eligibility: CI'i'YOF ROANOKE, VA. August 23, 1993 CITY ..... ' ' '93 /~[Ig 19 pA 55 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Acting Director of Finance Financial Report for July 1993 This monthly financial report is formatted based on City Council's concurrence on March 15, 1993, of prototype financial statements establishing a separate School Fund and five Internal Service Funds. There is a separate statement for the School Fund revenues and expenditures in lieu of being included in the General Fund. The five Internal Service Funds are being accounted for separately instead of being combined into one fund. These changes are in compliance with the State Auditor of Public Accounts procedural requirements. Both of these changes are intended to improve accountability and financial reporting. The General Fund and School Fund are accounted for on a modified accrual basis. In general this means that we accrue revenues when earned (not collected) at year end, and accrue certain expenditures for amounts obligated at year end. The amounts that are accrued are reversed in July, the first month of our current fiscal year. This is in anticipation of the actual revenues and expenditures being collected or paid in this accounting period. This required accounting procedure somewhat distorts the July revenue and expenditure trends, and in some cases causes negative amounts to be reflected if the Honorable Mayor and Members City Council August 23, 1993 Page 2 actual transaction occurs in a later month. More meaningful trends will develop as we proceed through the current fiscal year. The caption on the General Fund Statement of Expenditures, "Transfer to the School Fund" represents a transfer expenditure of the local share of school funding. It will be transferred in one-twelfth increments each month, and is also reflected as a revenue item on the School Fund Statement. The School Fund Statement includes a category of revenue and expenditures for "Special Purpose Grants". These grants were previously accounted for in the City's Grant Fund. The new fund structures and reporting format should provide improved financial information related to our current year revenues and expenditures. All revenue and expenditure trends will be monitored closely through the fiscal year with significant variances reported in future monthly financial reports to City Council I would be pleased to answer any questions Council may have. JDG:s Attachment //~,cting Director of Finance CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE AS OF JULY 31, 1993 General Contingency: Ord. No. CMT Balance July 1, 1993 Department Contributions Puroose Cultural Subsidy ~365,546 $ (1.000) Total Contingency Balance $364,546 CITY OF ROANOKE, VIRGINIA GENERALFUND STATEMENT OF REVENUE Revenue Source General Property Taxes Other Locat Taxes Permits, Fees, and Licenses Fines and Forfeitures Revenue From Use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Miscellaneous Revenue Internal Services Total Year to Data for the Period Jul 1*Jul 31 Jul 1-Jul 31 Percentage 1992~93 1993-94 of Cimnae 356,631 307,301 (13.83%) 383,207 530,031 38.31% 48,005 50,015 4.19% 51,516 54,174 5.16% 30,795 12,719 (58.70%) 454,402 470,172 3.47% 125,O86 126,081 0.80% 559 ( 4,011) N/A 87r105 79~272 { 8.99%} $ 11537~306 $ 1~625;754 5.75% Current Fiscal Year Revised Percent of Revenue Revenue Estimate Estimates Received 54,881,408 0.56% 41,637,306 1.27% 622,000 8.04% 635,000 8.53% 855,702 1.49% 28,321,624 1.66% 33,000 0.00% 2,545,589 4.95% 290,880 ( 1.38%) 1~590,300 4.98% $ 131 412 809 1.24% 2 General Government Judicial Administration Public Safety Public Works Health and Welfare Parks, Recreation and Cultural Community Development Transfer to Debt Service Fund Transfer to School Fund NondepartmentaJ Total CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Current Fiscal Year Percent of Jul 1 - Jul 31 Jul I - Jul 31 Percentage Unencumbered Revised Budget 1992-93 1993-94 of Change Balance ADDroDri&tione Oblisated $ 991,749 $ 933,221 ( 5.90%) $ 8,309,229 $ 9,242,450 10.10% 408,656 345,929 ( 1S.35%) 3,284,861 3,630,790 9.53% 3,036,222 2,368,348 ( 22.00%) 28,834,331 31.202,679 7.59% 3,197,487 1,954,498 ( 38.87%) 17,822,556 19,777,054 9.88% 1,218,927 1,258,890 3.29% 15,731,778 16,990,668 7.41% 636,117 667,830 4.99% 3,736,311 4,404,141 18.16% 98,275 122,397 24.55% 902,769 1,025,166 11.94% 3,630,117 4,309,523 18.72% 4,005,085 8,314,608 51.83% 2,755,969 2,818,491 2.27% 31,003,398 33,821,889 8.33% 1~883,326 54,822 ( 97.09%) 4,114~776 4~169,598 1.31% 17r8561745 $ 14~8331949 I 16.93%) $ 117r745r094 $ 132~57%043 11.19% 3 CITY OF ROANOKE, VIRGINIA SCHOOL FUND STATEMENT OF REVENUE State Sales Tax Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Transfer from General Fund Special Purpose Grants Total Year to Date for the Period Jul 1-Jul 31 Jul 1-Jul 31 Percentage 1992-93 1993-94 of Change $ ~ 0.00% 1,801,149 1,888,788 4.86% ( 69,34-0) (110,083) (58.76%) ( 3,106) 26,981 N/A 2,768,969 2,818,491 2.27% 346,882 382~916 1.74% $ 4¢831~555 $ 4 976 063 2.99% Current Fiscal Year Revised Percent of Revenue Revenue Eetimata Eetimatas Received 7,226,287 0.00% 23,859,029 7.92% 2,052,120 (5.36%) 2,450,755 1.06% 33,821,889 8.33% 352,916 N/A 69~762~996 7.13~% CITY OF ROANOKE, VIRGINIA SCHOOL FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES Percent of Jul l-Jul 31 Jul 1-Jul 31 Percentage of Unencumbered Revised Budget Expenditure Category 1992-93 1993-94 Change Balance Aeeroeriations Ohliuated Instruction $ 1,808,936 $ 1,698,593 ( 6.10%) $ 49,475,499 $ 51,174,092 3.32% General Support ( 5,696) ( 52,888) (828.51%) 2,705,352 2,652,464 ( 1.99%) Transportation 47,199 76,217 61.48% 2,562,314 2,638,531 2.89% Operation and Maintenance of Plant 956,417 751,863 ( 21.39%) 7,726,262 8,478,125 8.87% Food Services 80,254 32,098 ( 60.00%) 3,027,791 3,059,889 1.05% Facilities 632.636 1,914,303 202.59% ( 763,527) 1,150,776 166.35% Other Uses of Funds 429,355 614,341 43.08% 338,785 953,126 64.46% Special Purpose Grants 872,493 721,146 ( 17.35%) 721,146 N/A Total 821 594 $ 5;755,673 19.37% ~ 65,072,476 ~ 701828,149 8.13% 4 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF JULY 31, 1993 General Government Education Recreation Streets and Bridges Sanitation Projects Traffic Engineering & Communications Other Infrastructure Projects Capital Improvement Reserve Total Expenditures Unexpended Outstanding Unencumbered Budaet To Date Balance Encumbrances Balance 918,226,951 $ 8,506,551 $ 9,720,400 $ 488,774 $ 9,231,626 16,935,656 8,436,414 8,499,242 672,703 7,826,539 393,140 344,722 48,418 17,500 30,918 8,153,846 4,562,217 3,591,629 1.378,081 2,213,548 2,221,561 1,938,219 283,342 76,404 206,938 1,389,028 1,320,541 68,487 11,329 57,158 8,834,103 5.284,972 3,549,131 928,092 2,621,039 5,073.723 5.073.723 5,073.723 $ 61.228,00~8 $ 30 393 636 $ 30.834;372 $ 3,572,883 $ 27f261.489 5 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE I MONTH ENDING JULY 31, 1993 Operating Revenue: Commercial Sales Domestic Sales Industrial Sales Town of Vinton Roanoke County Customer Service Total Operating Revenue Less: Operating Expenses Personal Services Operating Expenses Depreciation 1993 275,847 240,157 23,094 1,523 103,792 31.920 676,333 91,320 169,121 ~7,434 1992 205,223 195,082 19,167 1,455 77,219 25.375 523,521 99,599 145,458 59,162 Total Operating Expenses Operating Income Add: Non-Operating Revenue (Expenses) Interest on Investments Rents Miscellaneous Interest Expense 327.875 348,458 7,037 175 ( 149,329) 304,219 219,302 4,849 4,175 6O Total Non-Operating Revenues (Expenses) Net Income (142,117) $ 206 341 9.084 $ 228.386 6 CITY OF ROANOKE, VIRGINIA WATER FUND JULY 31, 1993 (CONTINUED) Capital Outlay Not Included in Operating Expenses: Project Vehicular Equipment New Services, Hydrants, Lines Unidentified Plant Replacement Fire Hydrants FC Plans & Specs FY86 Project Design Carvins Cove Improvement Phase I Edgewood Replacement Franklin Road Widening Carvins Cove Improvement Phase II Carvins Cove Filter Plant Water Plant Expansion Bonds 92 Carvins Cove Filter Plant Phase I Falling Creek Finished Water Res. Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Expenditure; 2,419 24,539 24,557 1,055 18O,846 12,103 1,408,593 9,007 1,084 694,982 46,841 786,816 2,058,545 26.046 5,277,433 4,491.204 $ 786,229 NOTE: Some of these projects are continued from prior years with inception to date totals. 7 CITY OF ROANOKE, VIRGINIA SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE I MONTH ENDING JULY 31, 1993 Operating Revenue: Sewage Charges - City Sewage Charges - County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Interfund Services Total Operating Revenue Less: Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income (Loss) Add: NomOperating Revenue (Expenses) Interest on Investments Miscellaneous Interest Expense Total Non-Operating Revenue Net Income (Loss} 1993 378,571 75,205 19,578 45,214 5,765 16,392 63O 541.355 113,211 402,5O2 80.840 596,553 ( 55.198) 5,131 1,822 1.680) 5,273 49.925) 1992 357,263 77,429 20,247 91,051 6,437 3,223 63O 556.280 154,610 294,429 80.000 529.039 27,241 5,839 12,795 2.898) 15.736 42~977 8 CITY OF ROANOKE SEWAGE TREATMENT FUND JULY 31, 1993 (CONTINUED) Capital Outlay Not Included in Operating Expenses: Proiect Unidentified Construction FY86 Projects Design Franklin Road Widening Peters Creek Flood Reduction Phase I Sewershed I/I Project Design Phase I Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Exoenditures $ 5,994 62,297 35,938 56,300 87,849 248,378 213.297 $ 35.081 NOTE: Some of these projects are continued from prior years with inception to date totals. 9 ROANOKE REGIONAL AIRPORT COMMISSION COMPARATIVE INCOME STATEMENT FOR THE I MONTH ENDING JULY 31, 1993 Operating Revenue: Airfield Revenue General Aviation Revenue Terminal Building Revenue Other Revenue Total Operating Revenue Less: Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Add: Non-Operating Revenue (Expenses) Interest on Investments Interest Income Airport Debt Service Accounts Miscellaneous Federal Grant - Noise Study Interest Expense Interest Expense 88 Revenue Bond Issue Total Non-Operating Revenue (Expenses) Net Income 1993 $ 65,647 9,244 246,262 14,089 335.252 98,118 120,949 87.377 306,404 28,848 15,147 3,495 18,410 ( 5,685) ( 42,666) 1992 92,818 7,545 232,927 54.709 387.989 134,564 122,536 88.108 345,208 42,791 15,255 1,946 52,213 ( 12,633) (11.299) 56,781 17~549 $ 99.572 10 ROANOKE REGIONAL AIRPORT COMMISSION FOR THE I MONTH ENDING JULY 31, 1993 Capital Outlay Not Included in Operating Expenses Proiect Furniture and Equipment Refurbish Buildings General Aviation Development Noise Study Airfield Signage Underground Storage Tank Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Exoenditures 2,090 13,547 605,694 161,048 157 27,Q73 809,609 646,527 $ 163.082 NOTE: Some of these projects are continued from prior years with inception to date totals. 11 CITY OF ROANOKE, VIRGINIA CIVIC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE I MONTH ENDING JULY 31, 1993 Operating Revenue: Rentals Parking Fee Event Expenses Advertising Admissions Tax Commissions Total Operating Revenue Less: Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating (Loss) Add: Non-Operating Revenue Interest on Investments Miscellaneous Operating Supplement Total Non-Operating Revenue Net Income (Loss) 1993 $ 22,338 5,377 202 7,940 6.850 42,707 62,123 56,755 27,511 146.389 (103,682) 630 364 994 $(102.688) 1992 23,037 4,518 150 8,922 36,627 75,342 83,412 29,~32 188.586 (151,959) 442 195 678.616 679,253 527~294 12 CITY OF ROANOKE, VIRGINIA CIVIC CENTER FUND JULY 31, 1993 CONTINUED Capital Outlay Not Included in Operating Expenses Proiect Asbestos Abatement Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Exoenditures $ 233,835 233,835 233,835 NOTE: Some of these projects ere continued from prior years with inception to date totals. 13 CITY OF ROANOKE, VIRGINIA TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE I MONTH ENDING JULY 31, 1993 Operating Revenue: Century Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Surface Parking Lots Total Operating Revenue Less: Operating Expenses Operating Expenses Depreciation Total Operating Expenses Operating Income Add: Non-Operating Revenue (Expenses) Interest on Investments Miscellaneous Operating Supplement Operating Subsidy for GRTC Interest Expense Total Non-Operating Revenue (Expenses) 1993 1992 $ 25,460 $ 36,954 36,934 15,429 22,600 53,716 41,738 13,595 29,849 5,185 4,~71 150,339 135,692 77,681 68,307 43,612 43,683 121,293 111,990 29,046 23,702 275 944 160 170 719,163 ( 250,000) ( 200,000) ( 62,977) ( 87,768) ( 312,542) 432,509 Net Income (Loss) $ {283.49~) $ 456~211 14 CITY OF ROANOKE, VIRGINIA NURSING HOME FUND INCOME STATEMENT FOR THE I MONTH ENDING JULY 31, 1993 Operating Revenue: Private Patient Fees Medicaid Patient Fees Medicaid Reimbursement Total Operating Revenue Less: Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Add: Non-Operating Revenue Interest on Investment Operating Supplement Total Non-Operating Revenue Net Income {Loss) 1993 9,300 21,359 60.494 91.153 88,166 27,592 3.003 118,761 (27,608) 247 247 27.361 1992 10,200 22,678 63.774 96.652 114,911 15,178 4,370 134,459 37,807) 232 405.553 405.785 367.97~ 15 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND INCOME STATEMENT FOR THE 1 MONTH ENDING JULY 31, 1993 Operating Revenue: Operating Revenue Total Operating Revenue Less: Operating Expenses Operating Expenses Total Operating Expenses Operating (Loss) Add: Non-Operating Revenues Transfer from Capital Fund Contribution from Virginia Tech Total Non-Operating Revenues Net Income (Loss) 1993 1992 9,688 12,944 9,688 12,944 9,688) ( 12,944) $( 9.688) 50,000 50,000 100.000 87.056 16 17 CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUND JULY 31, 1993 (CONTINUED) Capital Outlay Not Included in Operating Expenses Proiect CIS - Other Equipment ULS - Sewershed Study FM - Furniture & Equipment FM - Vehicular Equipment Total Year to Date Exoenditure; 4,535 26,798 3,260 158,137 192.730 18 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAJ. STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED JULY 31. 1993 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY THE MONTH ENDED JULY 31, 1993. GENERAL $12,582,332.73 $7,243,010.83 $8,696,889176 ~ ~i'l~ :. ' ~$~i~ 101550122 WATER 30,844,269.57 119,879.85 1,870,013.49 $~;~i~ 30,135,563.18 SEWAGE 1,592,976.14 1,183,643.61 298,027.44 2,376,812.68 AIRPORT 6,035,813.66 824,578.31 871,081.16 5,275,024.56 CIVIC CENTER 306,514.20 37,551.46 127,909.67 45,395.55 INTERNAL SERVICE 3,940,180.40 0.00 115,283.31 3,692,065.10 TRANSPORTATION 231,352.93 150,684.07 1,068,732.61 (421,110.63) CAPITAL 17,379,874.99 44,028.92 957,149.44 .$~1~!;68~7~,~: 20,561,525.30 NURSING HOME 100,652.85 91,476.21 109,943.33 ~2~ 123,255.88 HOTEL&CONVENTION (157,487.24) 32.25 67.458.83 0.00 DEBT SERVICE 7,076,643.60 0.00 4,923,114.80 7,016,271.53 CIS 0.00 671.63 134,003.81 0.00 MATERIALS CONTROL 0.00 0.00 47,723.65 0.00 MANAGEMENT SERVIC 0.00 34.41 26,988.41 ',1~) 0.00 UTILITY LINES SERV 0.00 0.00 187,902.54 0.00 FLEET MAINTENANCE 0.00 323.02 263,067.91 0.00 PAYROLL 1,049,142.65 6,708,041,69 8,470,114.90 (4,290,825.03) PENSION 179,018.48 263,263.05 20,583.75 (11,337.01) SCHOOL FUND 0.00 3,546,288.82 1,967,520.04 0.00 FDETC 201,352.68 503,281.67 308,707.82 (557,787.74) GRANT PROGRAMS 59.268.38 353.089.94 386.881.51 109.638,~4 TOTAL $81,421,906.02 $21,069,879.74 ,30,919,098.18 ~ii~i~i $73,265,042.23 19 CITY OF ROANOKE, VIRGINIA CITY TRF-.A~URER'S OFFICE GENERAL. STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED JULY :31, 1993 CERTI~CAT~ I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED JULY 31, 1993 THAT SAID FOREGOING: CA,SH: CASH IN HAND CABH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOS/~J.S: CERTIFICATES OF DEPO~ff CENTRAL FIDELITY BANK FIRST UNION OF VA SIGNET SANK STATE NON-ARBITRAGE PROGRAM (SNAP) TOTAL ,SECURITIES DATE: JULY 18, 1993 GORDON E. PETERS, TREASURER 20 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE I MONTH ENDING JULY 31, 1993 Revenue City's Contributions Investment Income Gain on Sale of Investments Income from Bond Discount Amortization Total Revenue 1993 70,287 (755,488)(1) 572,47A 27.807 $(84.918) 1992 $170,332 (717,203)(2) 481,725 43,155 $(21.991) Exoenses Pension Payments Fees for Professional Services Expense From Bond Premium Amortization Administrative Expense Total Expenses Net (Loss) Year to Date $ 758,935 (166,164)(1) 35,366 1.666 629.803 $(714,721) $558,852 ~01,369)(2) 24,168 2,822 484,473 (1) Reversal of accruals as of June 30, 1993 (2) Reversal of accruals as of June 30, 1992 21 CITY OF ROANOKE PENSION PLAN BALANCE SHEET AS OF JULY 31, 1993 Assets Cash Investments: (market value - Other Assets Due from Other Funds Total Assets 1993 $159,525,164 1992 $145,188,726) 1993 1~)92 419,563 $( 107,106) 135,330,550 127,332,442 18,000 18,000 696 $135.768.809 $ 127~243.336 Liabilities and Fund Balance Due to Other Funds Total Liabilities Fund Balance, July 1 Net (Loss) Year to Date Fund Balance Total Liabilities and Fund Balance 759,139 $ 311.806 759,139 311.806 135,724,391 127,437,994 714,721) { 506.4641 135.009.670 126,931.530 135.768,809 $ 127f243.336 22 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2a011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 25, 1993 File #24-285 James D. Orisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31669-082393 amending and reordaining Section 21-65, Same - Bingo games and raffles conducted under this article; Section 21-66, Bingo games and raffles - definitions; Section 21-67, Annual permit required; application and processing fee 5 form of application; Section 21-68, Requirement of issuance of permit~ where valid } duration ~ permits subject to regulation; Section 21- 69, l.imitation on frequency and duration of conducting bingo games; Section 21-70, "Instant Bingo"; Section 21-71, Reports of gross receipts and disbursements required; form of reports~ failure to file~ certificate of compliance; right of entry upon premises~ records~ independent accounting procedure; Section 21-72, Audit of reports, fee; Section 21-73, Prohibited practices; and Section 21-77.1, Only raffles, bingo and instant bingo games permitted, of Article II, Gambling, of the Code of the City of Roanoke (1979), as amended, to provide for regulation of bingo and raffle games in the City Ordinance No. 31669-082393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 9, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. James D. Grisso Acting Director of Finance August 25, 1993 Page 2 pc: The Honorable Kenneth E. Trabue, Chief Judge, Circuit Court The Honorable G. O. Clemens, Judge, Circuit Court The Honorable Roy B. Willett, Judge, Circuit Court The Honorable Diane M. Strickland, Judge, Circuit Court The Honorable Clifford R. Weckstein, Judge, Circuit Court 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 The Honorable The Honorable John B. Ferguson, 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 Arthur B. Crush, III, Clerk, Circuit Court Gordon E. Peters, City Treasurer Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Ronald Albright, Clerk, General District Court Bobby D. Casey, Office of the Magistrate Clayne M. Calhoun, Law Librarian W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Deborah J. Moses, Chief of Billings and Collactions Dana D. Long, Tax Compliance Administrator Dolores C. Daniels, Assistant to the City Manager for Community Relations Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Robert L. Laslie, Vice President - Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32304 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of August, 1993. No. 31669-082393. AN ORDINANCE to amend and reordain S21-65, Same -Binqo games and raffles conducted under this article; §21-66, Bingo games and raffles - definitions; S21-67, Annual permit required; application and processing fee~ form of application; S21-68, Requirement of issuance of permit; where valid~ duration; permits subject to regulation; ~21-69, Limitation on frequency and duration of conductinq bingo qames; ~21-70, "Instant bingo"; ~21-71, Reports of gross receipts and disbursements required; form of reports; failure to file; certificate of compliance; riqht of entry upon premises; records; independent accounting procedure; ~21-72, Audit of reports, fee; ~21-73, Prohibited practices; and S21-77.1 Only raffles, bingo and instant bingo games permitted, of Article II. Gamblinq, of the Code of the City of Roanoke (1979), as amended, to provide for the regulation of bingo and raffle games in the City; and providing for an emergency. WHEREAS, numerous changes have been made to the Code of Virginia (1950), as amended, regarding bingo and raffle operations during the 1992 and 1993 Sessions of the General Assembly; WHEREAS, this Council desires to incorporate these changes in the Code of the City of Roanoke (1979), as amended; and WHEREAS, this Council desires to empower the Director of Finance to administer and monitor pull-tab gaming consistently with instant bingo and bingo; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Sec. 21-65, Same - Bingo qames and raffles conducted under this article; §21-66, Bingo games and raffles - definitions; S21-67, Annual permit required; application and processing fee; form of application; S21-68, Requirement of issuance of permit; where valid; duration; permits subject to regulation; §21-69, Limitation on frequency and duration of conducting bingo games; ~21-70, "Instant bingo"; ~21-71, Reports of gross receipts and disbursements required; form of reports; failure to file; certificate of compliance; riqht of entry upon premises; records; independent accounting procedure; ~21-72, Audit of reports~ fee; S21-73, Prohibited practices; and ~22-77.1, Only raffles~ binqo~ and instant bingo games permitted, of Article II. Gambling, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: ARTICLE II. GAMBLING. ~21-65. Same - Bingo games and raffles conducted under this article. Nothing in sections 21-56 through 21-62 shall apply to any bingo, instant bingo, raffle, or duck race conducted solely by an organization as defined in ~21-66 and meeting the qualifications set forth in ~21-68 and having a permit as set forth in S21-67. ~21-66. Bingo qames and raffles; definitions. The following words shall have the following meanings: "Bingo" means a specific game of chance played with individual cards having randomly numbered squares ranging from one (1) to seventy-five (75), in which prizes are awarded on the basis of designated numbers on such cards conforming to a predetermined pattern of numbers selected at random. Such cards shall have five (5) vertical rows headed respectively by the letters B.I.N.G.O., with each row having five (5) randomly numbered squares. "Building" means a structure located on a single lot enclosed by a continuous exterior wall regardless of the configuration of the interior walls. "Calendar day" means the period of twenty-four (24) consecutive hours commencing at 12:01 a.m. and concluding the following 12:01 a.m. "Calendar week" means the period of seven (7) consecutive calendar days (as defined above) commencing at 12:01 a.m. on Sunday and ending at 12:01 a.m. the following Sunday. "Duck race" means a game of chance played by releasing numbered, inanimate toys (ducks) into a body of moving water. A person who has been assigned the same number as the first duck to cross a predetermined point in the water (the finish line) is the winner. Other prizes may be awarded on the basis of the order in which the ducks cross the finish line. Any and all restrictions and requirements applicable to the conduct of raffles in this article shall also apply to the conduct of duck races. "Instant Bingo" means a specific game of chance played by the random selection of one or more individually prepacked cards, with winners being determined by the preprinted appearance of the letters B.I.N.G.O. in any prescribed order on the reverse side of such card. "Jackpot" means a bingo card played as a part of a bingo game defined in this section in which all numbers on the card are covered, each number being selected at random, and with no free or "wild" numbers. "Organization" means any one of the following: (1) A voluntary fire department or a voluntary rescue squad or auxiliary unit thereof which has been recognized by an ordinance or resolution of City Council as being a part of the safety program of the City; (2) An organization operated exclusively for religious, charitable, community or educational purposes; (3) Association of war veterans or auxiliary units thereof organized in the United States; or (4) A fraternal association operating under the lodge system. "Raffle" means a lottery in which the prize is won by a random drawing of the name or prearranged number of one (1) or more persons purchasing chances; however, nothing in this article shall prohibit an organization from using the State Lottery Department's Pick-3 number as the basis for determining the winner of a lottery. For purposes of this definition, "raffle" shall include determining the winner of a lottery by use of prepackaged pull-tab devices which are devices made completely of paper or paper products with concealed numbers or symbols that must be exposed by the player to determine wins or losses and may include the use of a seal which conceals a number or symbol that has been designated in advance as a prize winner including but not limited to pull-tab devices commonly known as a tip boards or seal cards. §21-67. Annual permit required; application and processing fee; form of application. Prior to the commencement of any bingo game or raffle by a qualified organization as defined in this article, the organization shall obtain an annual permit from the Director of Finance. The permit shall only be granted after a reasonable investigation has been conducted by the Director of Finance or his authorized designee to determine that the organization is qualified and that the requirements of this article have been met. The application and processing fees for a bingo permit shall be a total of two hundred dollars ($200.00). The application and processing fees for a raffle permit shall be a total of twenty-five dollars ($25.00). The application and processing fees for a pull-tab raffle permit shall be two hundred dollars ($200.00). Application for the permit shall be accompanied by a check in the amount of the application and processing fee payable to the Treasurer. Application for an annual permit shall be made on a form provided by the Director of Finance. No permit shall be issued without all the information required by the form prescribed by the Director of Finance. The form must be signed by all appropriate parties in the presence of the Director of Finance or his designee. The application shall be a matter of public record. S21-68. Requirement of issuance of permit; where valid; duration; permits subject to regulations. (a) Prior to the issuance of any applicant organization shall meet each of requirements: permit, the the following 4 (1) (2) (3) Except for recently established volunteer fire and rescue companies or departments, as defined in this article, the organization shall have been in existence and met on a regular basis in the City of Roanoke, City of Salem, County of Roanoke or Town of Vinton for a period of at least two years immediately prior to applying for a permit. The organization shall have a membership consisting of at least fifty percent (50%) residents of the Commonwealth and shall furnish a complete list of its membership, identifying permanent place of residence for each member, in order for the local governing body to ascertain the percentage of Virginia residents. In no case shall the organization apply for or receive more than one permit. However, this requirement shall not apply (i) to any lodge or chapter of a national or international fraternal order or a national or international civic organization which is exempt under S501(c)(3) of the United States Internal Revenue Code and which has a lodge or chapter holding a bingo permit issued in accordance with the Code of Virginia anywhere within this Commonwealth, or (ii) where the Director of Finance provides for the issuance of a bingo or raffle permit for school sponsored activities to booster clubs which have been operating for less than two (2) years, and which have been established solely to raise funds for school-sponsored activities in public schools which are less than two (2) years old. A permit shall be valid only in the City and only at the locations designated in the permit application. However, a permit may be issued to an organization which relocates its meeting place on a permanent basis from one jurisdiction to another and complies with the requirements of subsection (1) of this section and provided further that the organization was the holder of a valid permit at the time of its relocation. An organization which has obtained a permit under this article to conduct a raffle may sell raffle tickets both in and out of the City and may conduct its drawing either in the jurisdiction in which a majority of the tickets were sold or in the City, except that pull-tab devices as defined in S21-66 used as part of a raffle may be sold only upon the premises owned or exclusively leased by such organization and at such times as it is not opened to the public, except to members and their guests. The organization shall be operating as a nonprofit organization and shall have always been operated in the past as a nonprofit organization and shall have been in existence as a nonprofit organization for a period of at least two years immediately prior to seeking a permit as hereinafter provided. (4) Any organization whose gross receipts from all bingo or raffle operations exceed or can be expected to exceed $75,000 in any calendar year shall have been granted tax-exempt status pursuant to S501(c) of the United States Internal Revenue Code. At the same time tax-exempt status is sought from the Internal Revenue Service, the same documentation may be filed with the Director of Finance for an interim certification of tax-exempt status. If such documentation is filed, the Director of Finance may, after reviewing such documentation as he may deem necessary, issue his determination of tax-exempt status within sixty (60) days of receipt of such documentation. The fee for this permit shall be $500. This interim certification of tax-exempt status shall be valid until the Internal Revenue Service issues its determination of tax-exempt status, or for eighteen (18) months, whichever is earlier. (5) Any organization which rents or leases property for the purpose of conducting bingo games or raffles must, as a condition of obtaining a permit, obtain as part of their lease permission of the owner of the rental property to the Director of Finance or his designee, or any law enforcement officer to enter the property for an inspection of records and/or to monitor the conduct of the bingo game or raffle pursuant to S21-71. (6) An organization shall designate an individual who shall be responsible for filing the annual or quarterly financial report required by this article if the organization goes out of business or otherwise ceases to exist. If annual gross receipts at the time of the organization ceasing to exist or going out of business exceed two hundred fifty thousand dollars ($250,000.00), then this individual shall be responsible for attaching the report of an independent certified public accountant as required in S21-71(d). (b) Ail permits shall be issued on a calendar basis and unless otherwise provided shall be valid for one calendar year beginning on January 1. All applications for a permit shall be acted upon by the Director of Finance within sixty (60) days from the filing thereof. (c) Upon completion of the application investigation and compliance by the applicant with this article, and at the discretion of the Director of Finance, an annual permit may be issued. (d) The Director of Finance is authorized to issue regulations, which are not in conflict with State or City Code, to ensure the public safety, and welfare in the operation of bingo games or raffles. §21-69. Frequency, duration, and conduct of bingo qames. (a) No organization shall hold bingo games more frequently than two (2) calendar days in any one (1) calendar week as defined in S21-66, and further no organization shall hold bingo games or raffles between the hours of 12:01 a.m. and 6:00 a.m. on a calendar day as defined in S21-66. (b) A special permit may be granted at the discretion of the Director of Finance which entitles an organization to conduct more frequent operations during carnivals, fairs and other similar events at its principal meeting place or any other site selected by such organization, which is located in the City and which is not in violation of any local zoning ordinance. (c) The sponsoring organization shall accept only cash or, at its option, checks in payment of charges or assessments for players to participate in bingo games or raffles. S21-70. "Instant binqo". (a) Any organization qualified to conduct bingo games pursuant to the provisions of this article shall be authorized to conduct "instant bingo" as a part of such bingo game and only at such location and at such times as are specified in the bingo application permit for regular bingo games as defined in S21-66. (b) The gross receipts in the course of a reporting year from the playing of "instant bingo" shall not exceed fifty percent (50%) of the gross receipts of an organization's bingo operation. (c) Any organization playing"instant bingo" shall maintain a record of the date, quantity and card value of instant bingo supplies purchased as well as the name and address of the supplier of such instant bingo supplies. The organization shall also maintain a written invoice or receipt from a nonmember of the organization verifying any information required by this subsection. (d) No organization shall sell an "instant bingo" card to any individual below sixteen years of age. §21-71. Reports of gross receipts and disbursements required; form of reports; failure to file; certificate of compliance; right of entry upon premises; records; independent accounting procedure. (a) Complete records of all receipts and disbursements shall be kept by the individual designated on the permit application and shall be filed annually under oath with the Director of Finance. The annual or quarterly financial report and other items required to be filed under this section shall be a matter of public record. All accountings shall be made on or before December 1 of each calendar year for which a permit has been issued. The accounting shall include a record of the gross receipts and disbursements of an organization for the year period which commenced on October 1 of the previous year and a record of all money in the possession of the organization that was derived from bingo, instant bingo, or raffles regardless of when the money was received. However, any organization whose gross receipts exceed $50,000 during any calendar quarter shall be required to file an additional accounting of its receipts and disbursements during such quarter no later than sixty days following the last day of the quarter. "Gross receipts," as used in this section, shall mean the total amount of money received from bingo, instant bingo, and raffle operations before the deduction of expenses or prizes. (b) Ail reports of receipts and disbursements shall be made on a form prescribed by the Director of Finance and acknowledged in the presence of a duly authorized notary public. The failure to file reports when due shall cause the automatic revocation of the permit, and no organization shall conduct any bingo game or raffle thereafter until the report is properly filed and a new permit is obtained, including payment of application and processing fee. (c) The financial report shall be accompanied by a certificate, verified under oath, by the Board of Directors that the proceeds of any bingo games or raffles have been used for those lawful, religious, charitable, community or educational purposes for which the organization is specifically chartered or organized and that the operation of bingo games or raffles has been in accordance with the provisions of this article. (d) Any organization having annual gross receipts from bingo games or raffles in excess of Two Hundred 8 Fifty Thousand Dollars ($250,000.00), as shown on its annual financial report, shall attach to such report an opinion of a licensed independent certified public accountant that (i) the annual financial report presents fairly, in all material respects, beginning cash, receipts, operating cost, use of proceeds, and ending cash; (ii) the proceeds of any bingo games or raffles have been used, in all material respects, for those lawful, religious, charitable, community, or educational purposes for which the organization is specifically chartered or organized; and (iii) the gross receipts have been used in all material respects in accordance with the provisions of this article. The failure to file the opinion of a licensed independent certified public accountant, when required, shall cause the automatic revocation of the permit and no organization shall conduct any bingo game or raffle thereafter until the opinion required by this subdivision is properly filed with the report and a new permit is obtained including payment of application and processing fee . The opinion required by this section is in addition to the audit and audit fee required by S21-72. (e) Notwithstanding the provisions of this article requiring an annual audit, the provisions of this section shall not be construed to prohibit the Director of Finance or his designee from performing unannounced audits or restrict any right of such official to secure records required to be maintained by the provisions of this article. Any such official shall have the authority to go upon the premises on which any organization is conducting a bingo game or raffle for the purpose of carrying out the duties imposed by this article including observation of the conduct of games. The application for the bingo or raffle permit shall constitute permission from, and authority granted by, such organization as well as the owner or lessee of the premises on which bingo or raffle is to be conducted to any law enforcement officer, the Director of Finance and or his designee to enter upon such premises. Denial of access to the premises by the organization, the building owner or any party shall result in the revocation of a permit. (f) The organization shall maintain a written record for three years of the dates on which bingo or raffles are played or conducted, the number of people in attendance on each date and the amount of the receipts and prizes paid on each day. The organization shall also maintain a record of the name and address of each individual to whom a door prize, regular or special bingo game prize, raffle prize, or jackpot from the playing of bingo or raffles is awarded, as well as the amount of the award. The organization conducting bingo or raffles shall also maintain an itemized record of all receipts and disbursements, including operating costs and use of proceeds incurred in operating bingo games or raffles. (g) Ail records required to be maintained by this section shall be kept at the site at which bingo or raffles are conducted as set forth in the permit or at the organization's local address as listed on the application. All records shall be made available to inspection immediately upon the request of the Director of Finance or his designee. Each organization shall designate a member on the application form to be responsible for providing access to these records. S21-72. Audit of reports; fee. (a) Ail reports filed pursuant to §21-71 shall be audited by the Director of Finance or his designee; however, any report filed by an organization with gross receipts of less than $2,000 for the designated reporting period shall be exempt from the audit requirement. All reports shall be a matter of public record. (b) An audit fee shall accompany each annual report, except any report filed by an organization with gross receipts of less than $2,000 for the designated reporting period. The fee shall be calculated on an annual basis and shall equal one and one-half percent of the first one hundred fifty thousand dollars and two percent of any amount in excess of one hundred fifty thousand dollars of the total of (i) the gross receipts which an organization reports pursuant to S21-71 and (ii) the interest income on money that the organization has received from bingo, instant bingo, or raffle operations. (c) The audit fee shall be payable to the City Treasurer. All audit fees shall be separately accounted for and shall be used only for the purpose of auditing and regulating bingo games and raffles. S21-73 Prohibited practices. In addition to those other practices prohibited by this article, the following acts or practices shall also be prohibited under the provisions of this article: (a) Except for reasonable and proper operating costs, including costs associated with providing clerical assistance in the conduct of bingo games or raffles for organizations composed of or for deaf or blind persons, publicizing the time and place of bingo games and raffles, and prizes, no part of the gross receipts derived by an organization, as herein defined, permitted to conduct bingo games or raffle~ may be used for any purpose other than (i) those lawful religious, 10 charitable, community or educational purposes for which the organization is specifically chartered or organized and (ii) expenses relating to the acquisition, construction, maintenance, or repair of any interest in the real property involving the operation of the organization and used for lawful religious, charitable, community or educational purposes. (b) No organization shall enter into a contract with, or otherwise employ for compensation any person, firm, association, organization, partnership, or corporation of any classification whatsoever for the purpose of organizing, managing, or conducting bingo games or raffles. However, this subsection shall not prohibit the joint operation of bingo games under §21-77. (c) No person, firm, association, organization, partnership, or corporation shall pay or receive for use of any premises devoted, in whole or in part, to the conduct of bingo games or raffles any consideration in excess of the current fair market rental value of such property. For purposes of this article, no fair market rental value consideration shall be based upon or determined by reference to a percentage of the proceeds derived from the operation of bingo games or raffles nor shall such consideration be based upon or determined by any reference to the number of people in attendance at such bingo games or raffles. Each day in violation of this subsection shall constitute a separate Class 1 misdemeanor as set forth in §21-74. (d) No building or other premises shall be utilized in whole or in part for the purpose of conducting bingo games more frequently than two (2) calendar days in any one (1) calendar week except as follows: (1) The provisions of this subsection shall not apply to the playing of bingo pursuant to a special permit issued in accordance with S21-69(b). (2) No building or other premises owned by an organization as defined in S21-66 of this article and qualified as a tax-exempt organization pursuant to S501(c) of the Internal Revenue Code shall be utilized in whole or in part for the purpose of conducting bingo games more frequently than four (4) calendar days in any one (1) calendar week. (e) Except for (i) persons employed as clerical assistants by organizations composed of or for deaf or blind persons, (ii) members of civic and fraternal groups or (iii) employees of a corporate sponsor of a qualified 11 organization, only bona fide members of any such organization who have been members of such organization, as reflected on the organization's list of members filed with the Director of Finance for at least ninety days prior to such participation, shall participate in the management, operation or conduct of any bingo game or raffle. The spouse of any such bona fide member or a fire fighter or rescue squad member employed by a political subdivision with which the volunteer fire fighter or rescue squad member is associated may participate in the operation and conduct of a bingo game or raffle if a bona fide member is present. (f) Except as provided herein, no person shall receive any remuneration for participating in the management, operation or conduct of any such game or raffle. Persons employed by organizations composed of or for deaf or blind persons may receive remuneration not to exceed thirty dollars ($30.00) per event for providing clerical assistance in the conduct of bingo games or raffles only for such organizations. Any organization composed of or for deaf or blind persons that employs a person not a member to provide clerical assistance in the conduct of bingo games or raffles shall have in force fidelity insurance, as defined in S38.2-120 of the Code of Virginia, written by an insurer licensed to do business in the Commonwealth. Persons eighteen (18) years of age and under who sell raffle tickets to raise funds for youth activities in which they participate may receive nonmonetary incentive awards or prizes from the organization provided that organization is nonprofit. (g) No person shall participate in the operation of bingo games or pull-tab raffles for more than one organization in any one (1) calendar year. A calendar year shall run from January 1 through December 31. (h) No person shall manage, operate or conduct bingo games or raffles if, within the past five (5) years, he has been convicted of a felony or a crime involving moral turpitude, or has operated a bingo game or raffle in violation of state law or local ordinance. (t) No organization shall enter into any contract with or otherwise employ or compensate any member of that organization regarding the sale of bingo or raffle supplies or equipment. j) No organization shall award any bingo prize money or any merchandise valued in excess of the following amounts: (i) no bingo door prize shall exceed twenty-five dollars ($25.00), (ii) no regular bingo or special bingo game shall award a prize in excess of one hundred dollars ($100.00), (iii) no instant bingo prize for a single card shall exceed five hundred dollars ($500.00), and (iv) no bingo jackpot of any nature whatsoever shall exceed one thousand dollars ($1,000.00), nor shall the total amount of bingo jackpot prizes awarded in any one calendar day exceed one thousand dollars ($1,000.00). (k) Except as provided herein, no organization shall award any raffle prize valued at more than one hundred thousand dollars ($100,000.00). The one hundred thousand dollar ($100,000.00) limitation shall not apply to a raffle conducted no more than once per calendar year by an organization qualified as a tax-exempt organization pursuant to S501(c)(3) of the Internal Revenue Code for a prize consisting of a lot improved by a residential dwelling where one hundred percent (100%) of the moneys received from such a raffle, less deductions for the fair market value for the cost of acquisition of the land and materials, are donated to lawful religious, charitable, community, or educational organizations specifically chartered or organized under the laws of the Commonwealth and qualified as a S501(c)(3) tax-exempt organization. The award of any prize money for any bingo or raffle shall not be deemed to be part of any. gaming contract within the purview of ~11-14, Code of Virginia (1950), as amended. (1) Any bingo game in which all the gross receipts from players for that game are paid as prize money back to the players shall not be subject to the limitations of subsection (j) of this section, but there shall not be more than one (1) such game per calendar day of play and the prize money from any such game shall not exceed one thousand dollars ($1,000.00). (m) No person shall participate in the management, operation or conduct of any bingo game or raffle if, within the preceding five years, he has been convicted of a felony or crime of moral turpitude. Further, no person shall participate in the management, operation or conduct of any bingo game or raffle if that person, within the past five years, has participated in the management, operation, or conduct of any bingo game or raffle which was found by a local permitting authority or by a court of competent jurisdiction to have been operated in violation of state law or local ordinance. (n) No raffle shall be conducted in conjunction with bingo sessions nor shall raffle drawings be held or raffle tickets or chances sold at, during or between bingo sessions. (o) An organization using or selling bingo or raffle supplies, including instant bingo supplies, which have been tampered with in any way, including seals broken on packets, or the tampering with bingo or raffle supplies by the organization shall result in the revocation of a permit. (p) No prize shall be awarded to the winner of a bingo game or raffle other than as advertised by the organization. §21-74. Denial, suspension or revocation of permit; penalties. (a) The Director of Finance may deny, suspend or revoke the permit of any organization found not to be in strict compliance with the provisions of this article. (b) Any person violating the provisions of S21-66 through §21-77.1 shall be guilty of a Class 1 misdemeanor. Any person violating the provisions of ~21- 73(a) shall be guilty of a Class 6 felony. ~21-77.1. Only bingo, instant bingo, raffles, and duck races permitted. This article permits organizations to conduct bingo, instant bingo, raffles, or duck races. All games not explicitly authorized by this article are prohibited. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. 14 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P.O. Drawer 1220 Roanoke, Virginia 24006-1220 Telephone: (703) 981-2821 Telecopier: (703) 981-2940 August 23, 1993 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Acting Director of Finance Changes to the Bingo and Raffle Ordinance Numerous changes have been made to the Code of Virginia regarding bingo and raffle operations as a result of the 1992 and 1993 legislative sessions. The highlights of those changes are outlined as follows: In 1992, legislation was passed legalizing Puli-Tab gaming under the definition of a raffle. Puli-Tab gaming encompasses games commonly known as tip jars, tip boards, and Nevada Club cards. Puli-Tab gaming was restricted to sales on premises owned or exclusively leased by an organization and not opened to the public. Puli-Tab gaming operates similarly to instant bingo games and necessitates the same type of monitoring and auditing regulations. This legislation became effective in the Code of Virginia on February 27, 1992. The attached changes are recommended so that we may administer and monitor pull-tab gaming consistently with instant bingo and bingo games. For example, we recommend establishing an application and processing fee of $200.00 for the pull-tab gaming to be consistent with the bingo and instant bingo application and processing fee of $200.00. In addition, the current city ordinance provides that no person shall participate in the operation of bingo games for more than one organization per calendar year. We recommend the same restriction for pull-tab gaming. So that we may effectively monitor bingo operations, we also recommend that no raffle be conducted in conjunction with bingo sessions. See §§ 21-66, 21-67, 21-68(2), 21-73(g), and 21-73(n) of the proposed ordinance. Honorable Mayor and Members of City Council August 26, 1993 Page 2 In 1992, legislation was passed raising the prize limit for Instant Bingo prizes from $100 to $500 per card. This legislation became effective on July 1, 1992. See §21-73(j), proposed ordinance. In 1992, localities were given authorization to require that the membership of an organization applying for a permit have at least fifty percent (50%) of their members reside in the Commonwealth. This would help to ensure that legitimate, local organizations operate bingo and raffle games. See §21-68(a)(1), proposed ordinance. Organizations who file a financial report showing gross receipts of less than $2,000 are exempt from the audit requirement according to legislation that became effective on July 1, 1993. See §21-72, proposed ordinance. In addition to defining types of legalized gaming such as bingo, raffles, pull-tab, and instant bingo, the definition of a "Duck Race" was listed as a game of chance that requires a permit in legislation that became effective on July 1, 1993. A Duck Race is a game of chance whereby numbered toy ducks are released into a body of moving water. Persons who purchase a chance on a duck are assigned a number. The person with the same number as the first duck to cross the finish line as marked in the water is the winner. See §21-66, proposed ordinance. The gross receipts from the playing of instant bingo was restricted to thirty-three and one-third percent (33 1/3%) of the organization's total gross receipts. Legislation passed in 1993 that became effective on July 1, 1993 raised this limit to fifty percent (50%). See §21-70, proposed ordinance. According to prior state code, raffle drawings had to be held in the locality that issued the permit. For example, raffle drawings were required be held in the City of Roanoke for permits issued by the City of Roanoke. Legislation that became on effective July 1, 1993, allows raffle drawings to be held in either the jurisdiction that issues the permit or in the jurisdiction where the majority of the raffle tickets are sold. See §21~68(a)(2), proposed ordinance. Honorable Mayor and Members of City Council August 26, 1993 Page 3 10. 11. In accordance with legislation that became effective July 1, 1993, employees of corporate sponsors and members of civic and fraternal groups are now allowed to participate in the management and operation of bingo games and raffles in addition to the bona fide members of the organization and to persons employed as clerical assistants for organizations composed of or for deaf or blind persons. The broad language of this amendment will allow for the control and operation of bingo games by persons not affiliated with the permit-holding organization. See 321-73, proposed ordinance. Legislation that became effective on July 1, 1993 states that persons may be prohibited from participating in the management, operation or conduct of a bingo game or raffle, if within the preceding five years they have been convicted of a crime of moral turpitude or if they have participated in the operation of any bingo game or raffle found to be in violation of any local authority or state law. See §21-73(m), proposed ordinance. The Code of Virginia contains a provision addressing the Use of Proceeds in § 18.2-340.9. This provision states that proceeds from bingo games or raffles must be used for (i) lawful, religious, charitable, community or educational purposes.., and (ii) for expenses relating to the acquisition, construction, maintenance or repair of any interest in the real property involving the operation of the organization... This provision was not incorporated into the Code of the City of Roanoke when it was updated in May 1990. The attached amendment will incorporate this important provision into the Code of the City of Roanoke. See §21-73(a), proposed ordinance. Bingo and raffle prizes should not be awarded other than those advertised by the organization to ensure that prizes awarded are within legal limitations. We recommend a provision that stating that no prize should be awarded other than those advertised by the organization. With the addition of more legalized types of gaming such as pull-tabs, the risk is greater that tampered supplies may be sold creating an unfair disadvantage for the players. Therefore, we recommend a provision stating that the sale of bingo or raffle supplies that have been tampered with from the organization to players will result in the revocation of a permit. See §§21-73(o) and 21-73(p), City Code. Additionally, numerous other changes were drafted by the City Attorney's Office as a matter of housekeeping. See 321-66 et. seo., proposed ordinance. Honorable Mayor and Members of City Council August 26, 1993 Page 4 It is important that we be consistent with the Code of Virginia especially in the matter of bingo games and raffles. In order to accomplish these changes, the attached ordinance amends certain sections to the City Code relating to bingo and · .. do lion of these amendments will allow us to continue to raffle operations A..P ~ .~,~ ~n lions. Accordingly, I recommend to you effectively administer DingO anu ~,,,~ ,,.era adoption of the proposed ordinance. I will be pleased to answer questions that you might have on this matter. JDG:s Attachment cc: W. Robert Herbert, City Manager Wilburn, C. Dibling, Jr., City Attorney MARY F. PARK~l~ City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virsinia 24011 Telephone: (703) 981-25~.1 $ANDRA H. EAKIN Deputy City Clerk August 25, 1993 File #67-353 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31671-082393 accepting the bid of Williams Painting and Remodeling, Inc., in the amount of $17,562.00, for renovations to the Villa Heights Recreation Center building in order to assist in compliance with requirements for persons with disabilities, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. Resolution No. 31671- 082393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 23, 1993. Sincerely, City Clerk MFP: sm Enc. pc: George H. Williams, President, Williams Painting and Remodeling, Inc., 2314 Ridgefield Street, N. E., Roanoke, Virginia 24012 William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Sarah E. Fitton, Construction Cost Technician John W. Coates, Manager, Parks, Recreation and Grounds Maintenance Barry L. Key, Manager, Office of Management and Budget MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 25, 1993 File #67-353 L. D. Johnson, Jr., President Construction Services of Roanoke, Inc. 3812 Bunker Hill Drive, S. W. Roanoke, Virginia 240~8 Gentlemen: Rajul B. Shukla, President R. B.S. Building Management 5610 Country View Drive Troutville, Virginia 24175 I am enclosing copy of Resolution No. 31671-082393 accepting the bid of Williams Painting and Remodeling, Inc., in the amount of $17,562.00, for renovations to the Villa Heights Recreation Center building in order to assist in compliance with requirements for persons with disabilities, upon certain terms and conditions. Resolution No. 31671-082393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 23, 1993. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 September 3, 1993 SANDRA H. EAKIN Deputy City Clerk L. D. Johnson, Jr., President Construction Services of Roanoke, Inc. 3812 Bunker Hill Drive, S. 9/. Roanoke, Virginia 24018 Dear Mr. Johnson: A contract having been awarded to Williams Painting and Remodeling, Inc. for renovations to the Villa Heights Recreation Center building in order to assist in compliance with requirements for persons with disabilities, I am enclosing a cashier's check, in the amount of $882.00, which was filed with your bid. Please sign the enclosed receipt and return to me for my files. Sincerely yours~. City Clerk MFP:gd Enclosures IN THE COUNCIL OF THE CITY OF ROANOKE, The 23rd day of August, 1993. No. 31671-082393. VIRGINIA, A RESOLUTION accepting the bid of Williams Painting and Remodeling, Inc. of Roanoke, for renovations to the Villa Heights Recreation Center building to assist in compliance with requirements for persons with disabilities, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The bid of Williams Painting and Remodeling, Inc. of Roanoke, in the total amount of $17,562.00, for renovations to the Villa Heights Recreation Center building to assist in compliance with requirements for persons with disabilities, as more particularly set forth in the August 23, 1993 report of the City Manager to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: City Clerk. MARY F. PARKER City Clerk. CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 25, 1993 File #60-353-67 James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31670-082393 amending and reordaining certain sections of the 1993-94 Capital Fund Appropriations, providing for the transfer of $19,000.00 from 1993 Neighborhood Park Improvements to Villa Heights Recreation Center Improvements, in connection with renovations to the Villa Heights Recreation Center building in order to assist in compliance with requirements for persons with disabilities. Ordinance No. 31670-082393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 23, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm EHC. pc: W. Robert Herbert, City Manager William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Sarah E. Fitton, Construction Cost Technician John W. Coates, Manager, Parks, Recreation and Grounds Maintenance Barry L. Key, Manager, Office of Management and Budget 1993-94 Capital emergency. WHEREAS, Government of the exist. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of August, 1993. No. 31670-082393. AN ORDINANCE to amend and reordain certain sections of the Fund Appropriations, and providing for an for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A ro ri&tions Parks, Recreation & Cultural Villa Heights Recreation Center Improvements (1).. 1993 Neighborhood Park Improvements (2) ........... 393,140 19,000 11,918 1) Appropriation from Bond Funds 2) Appropriation from Bond Funds (008-050-9682-9001) $ 19,000 (008-050-9680-9001) (19,000) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Roanoke, Virginia August 23, 1993 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: BID COMMITTEE REPORT AID TO DISABLED AMERICANS (ADA) VILLA HEIGHTS RECREATION CENTER ROANOKE, VIRGINIA COMPLIANCE Backqround: Bids, following proper advertisement, were publicly opened and read aloud before City Council on July 26, 1993, for bringing Villa Heights Recreation Center into compliance with ADA requirements. Three (3) bids were received, with Williams Painting and Remodeling, Inc. submitting the low bid in the amount of $17,562.00 and sixty (60) consecutive calendar days. The work consists of adding new steps and renovating the existing toilets handicapped accessible. and safety rail to make them II. Issues: A. Compliance of bidders contract documents. B. Amount of the low bid. C. Fundinq for the project. D. Time of completion. with the requirements of the III. Alternatives: Award a lump sum contract to Williams Painting and Remodeling, Inc. in the amount of $17,562.00 and sixty (60) consecutive calendar days to bring Villa Heights Recreation Center into compliance with ADA regulations in accordance with contract documents prepared by the Office of the City Engineer. Honorable Mayor and Members of City Council BID COMMITTEE REPORT AID TO DISABLED AMERICANS (ADA) COMPLIANCE VILLA HEIGHTS RECREATION CENTER Page 2 August 23, 1993 1. Compliance of the bidders with the requirements of the contract documents was met. 2. Amount of the low bid is acceptable. The low bid is 2.4% below the project estimate of $18,000. 3. Funding for the project is available in account number 008-050-9680, Neighborhood Park Improve- ments. 4. Time of completion is sixty (60) consecutive calendar days after notice to proceed. B. Reject all bids and do not award a contract at this time. 1. Compliance of the bidders with the requirements of the contract documents would not be an issue. 2. Amount of the low bid would probably increase if rebid at a later date. 3. Fundinq would not be encumbered at this time. 4. Time of completion would be extended. IV. Recommendation is that City Council take the following action: A. Concur in the implementation of Alternative "A". Authorize the City Manager to enter into a contractual agreement, in a form approved by the City Attorney, with Williams Painting and Remodeling, Inc. of Roanoke, Virginia, for bringing Villa Heights Recreation Center into compliance with ADA regulations in accordance with the contract documents as prepared by the Office of the City Engineer in the amount of $17,562.00 and sixty (60) consecutive calendar days. Honorable Mayor and Members of City Council BID COMMITTEE REPORT ~D TO DISABLED AMERICANS (ADA) COMPLIANCE VILLA HEIGHTS RECREATION CENTER Page 3 August 23, 1993 Authorize the Director of Finance to transfer the following funding for the project from account number 008-050-9680 to a new account to be entitled "Villa Heights Recreation Center Improvements". Contract Amount Contingency (advertisements, etc.) $17,562.00 1~438.00 Total Amount }19,000.00 D. Reject the other bids received. Respectfully submitted, hite, Sr./, Chairman William F. Clark Ly~nis B. Vernon WW/CMH/kp Attachment: Tabulation of Bids cc: City Attorney Director of Finance Director of Public Works Manager, Parks and Recreation Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets TABULATION OF BIDS AID TO DISABLED ~RICANS (ADA) COMPLIANCE VILLA HEIGHTS RECREATION CENTER ROANOKE, VIRGINIA Bids opened before City Council on Monday, July 26, 1993 at 2:00 p.m. ! BIDDER I Base Bid Time* Bond Williams Painting and $17,562.00 60 Yes Remodeling, Inc. Construction Services of $17,640.00 90 Yes Roanoke, Inc. R.B.S. Building Management $22,130.00 90 Yes *Consecutive Calendar Days Estimated Cost: $18~000.00 William F. Clark ~-Lynnis B. Vernon Office of City Engineer Roanoke, Virginia July 26, 1993 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 25, 1993 File #27 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31672-082393 authorizing an amendment to the City's contract with Bio Gre Systems, Inc., for the fifth year of removal and disposal of shidge from the Water Pollution Control Plant, at a unit price of $89.63 per dry ton; and authorizing the proper City officials to execute the requisite contract documents. Resolution No. 31672-082393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 23, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc· pc: William K. Blancher, President, Bio Glo Systems, Inc., 180 Admiral Cochrane Drive, Suite 305, Annapolis, Maryland 21401 Kit B. Kiser, Director, Utilities and Operations Steven L. Walker, Manager, Water Pollution Control Plant William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Sarah E. Fitton, Construction Cost Technician for out of funds heretofore or simultaneously appropriated by Council, as more particularly set forth in the report to this Council dated August 23, 1993. ATTEST: City Clerk. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vir~nia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 2§, 1993 File #27 William A. Burchell, President Robinson Pipe Cleaning Company P. O. Box 396 Eighty Four, Pennsylvania 15330-0396 Dear Mr. Burchell: I am enclosing copy of Resolution No. 31672-082393 authorizing an amendment to the City's contract with Bio Gro Systems, Inc., for the fifth year of removal and disposal of sludge from the Water Pollution Control Plant, at a unit price of $89.63 per dry ton. Resolution No. 31672-082393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 23, 1993. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the removal and disposal of sludge from the Water Pollution Control Plant. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc o IN THE COUNCIL OF THE CITY OF ROANOKE, The 23rd day of August, 1993. No. 31672-082393. VIRGINIA, A RESOLUTION authorizing an amendment to the City's contract with Bio Gro Systems, Inc., for the fifth year of removal and disposal of sludge from the Water Pollution Control Plant, and authorizing the proper City officials to execute the requisite contract documents. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or Assistant City Manager and the City Clerk are authorized for and on behalf of the City to execute and attest, respectively, the requisite unit price contract amendment, on such form as is approved by the City Attorney, with Bio Gro Systems, Inc., for furnishing all tools, labor, machinery and materials necessary to remove, transport and dispose of a minimum of 6,000 dry tons to a maximum of 10,000 dry tons, subject to approval by the City based upon funding and available volume, of digested sludge from the Water Pollution Control Plant, at the unit price of $89.63 per dry ton for a total sum of $537,780.00 for 6,000 dry tons up to $896,300.00 for 10,000 dry tons, in a total time frame of one year from execution of the amendment, but not later than September 1993, such amendment to include provisions for appropriate bonding and liability insurance in accordance with the City's plans and specifications made for such work, the terms of the proposal made to the City and any other provisions which the City Manager may deem necessary, the cost of said work to be paid '93 ~li!', 24 R~ke, Virginia August 23, 1993 Honorable Mayor and Members of City Council Roanoke, Virginia SUBJECT: RENEWAL OF FIFTH YEAR OPTION SLUDGE HAULING BY BIO GRO SYSTEMS, Dear Members of City Council: INC. (BIO GRO) The attached staff report was considered by the Water Resources Committee at its meeting on August 23, 1993. The Committee recommends that Council authorize the City Manager to execute a contract amendment with Bio Gro Systems, Inc. for the fifth year's quantity of sludge disposal at $89.63 per dry ton in accordance with conditions stated in the attached report. Respectfully submitted, Elizabeth T. Bowles, Chairperson Water Resources Committee ETB/LBC/kp Attachment CC: City Manager City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Manager, Water Pollution Control Plant City Engineer Construction Cost Technician Bio Gro Systems, Inc. CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: August 23, 1993 Members, Water Resources Committee, thru ~b~t~rbert~---~b ~ ~ 'Kit B. Kiser, Director of Utilities and Operations Renewal of Fifth Year Option Sludge Hauling by Bio Gro Systems, Inc. (Bio Gro) Backqround: Renewal contract for yearly quantity of sludge hauling with Bio Gro expired in August, 1993. This will be the fifth contract negotiated for one year for a total of five (5) years. Last year's contract was signed on the basis of a minimum of 6~000 dry tons to a maximum, subject to funding and available volume, of 10~000 dry tons. The cost per ton last year was $86.83 per dry ton. This cost per ton includes a cost of $2.89 per dry ton to lime the fields before spreading sludge. This is a 1990 requirement of the State to assure a ph of 6.5. First year contract stipulated that the contract be reviewed each year and the new cost per dry ton would relate to the Consumer Price Index*, which is as follows: Consumer Price Index 1992 Consumer Price Index 1993 139.7 144.2 This is a difference of 4.5 divided by 139.7 = 3.22% increase. The 1993-94 sludge volume should be established at a minimum of 6~000 dry tons to a maximum, subject to funding and available volume, of 10~000 dry tons. The Consumer Price Index is from the U. S. Department of Labor published by the Philadelphia Office for Maryland and Virginia. Renewal of Fifth Year Option Sludge Hauling by Bio Gro Systems, Page 2 August 23, 1993 Inc. (Bio Gro) II. Current Situation: A. Council authorization is desired to execute a contract agreement with Bio Gro Systems, Inc. for the fifth year's quantity of sludge removal, hauling, and proper land application. Bio Gro Systems~ Inc. also wishes to renew the contract for the fifth and final year of the contract according to their letter dated July 9, 1993 addressing the contract renewal at the Water Pollution Control Plant, letter attached. III. Issues in order of consideration are: A. Sludge disposal B. Sludge quantity C. Contract price D. Fundinq E. Time period contract IV. Alternatives: Committee recommends to Council that it authorize the City Manager to execute the Fifth Year Sludge Disposal Contract with Bio Gro Systems, Inc. for a minimum quantity of 6~000 dry tons and a maximum quantity of 10~000 dry tons at $89.63 per dry ton with the twelve (12) month term of the amendment time period to run from the execution of the renewed contract (but not later than September, 1993). 1. Sludge disposal contract would remain valid. Sludge quantity will be (at the City's option) as follows: Minimum 6~000 dry tons Cost $537,780.00 Maximum 10~000 dry tons Cost $896,300.00 Renewal of Fifth Year Option Sludge Hauling by Bio Gro Systems, Page 3 August 23, 1993 Inc. (Bio Gro) 3. Contract price will be $89.63 per dry ton. Fundinq is available in the FY93-94 and expected from the FY94-95 Sewage Fund account number 003- 056-3150-2010 for the required funding. Time period is established to consider the shut- down during the winter months for climate reasons which impact field application. Committee not recommend to Council that it authorize the City Manager to execute the Fifth Year Sludge Disposal Contract with Bio Gro Systems, Inc. Sludqe disposal contract would have to be advertised and land application permits secured for any hauler. Bio Gro already has these permits for 1993-94. Permitting for land application can take up to one year to get approval. 2. Sludqe quantity will accumulate in the aging lagoons until a new contractor is and starts hauling. holding/ selected 3. Contract price would be established by the bid process. 4. Fundinq as currently exists will remain unless reappropriated. 5. Time period would need to be established with the new contractor. Recommendation: Committee recommends to Council that it authorize the City Manager to execute a contract amendment, in form approved by the City Attorney, to include appropriate bonding and insurance, with Bio Gro Systems, Inc., for the fifth year's quantity of sludge disposal at $89.63 per dry ton in accordance with Alternative "A". KBK/LBC/kp Renewal of Fifth Year Option Sludge Hauling by Bio Gro Systems, Inc. Page 4 August 23, 1993 (Bio Gro) cc: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Manager, Water Pollution Control Plant City Engineer Construction Cost Technician July 9, 1993 Mr. L. Bane Coburn City of Roanoke, Virginia Office of City Engineer Room 350, Municipal Building 215 Church Avenue, S. W. Roanoke, VA 24011 RE: Sludge Hauling Contract - Fifth Year Option Dear Mr. Coburn: In response to your June 9, 1993 letter, and since the May CPI Index has been published, Bio Gro Systems, Inc. proposes the below outlined CPI adjustment calculation based on the Philadelphia Regional Office of the Department of Labor Consumer Price Index for the month of May. CPI-U, May 1992 139 7 CPI-U, May 1993 ...................... 144.2 Current Price ......................... Price Adjustment Factor ............... Adjusted 5th Year Price ............... $86.83 103.22% $89.63/dt The required bonds and insurance certificate will be available in about a week and will be forwarded to the City under separate cover. We look forward to receiving notification of the approval for the 5th year option. Ifxyou have any questions or if we can be of th~matter, please let us know. further assistance in Very ~ruly y¢~urs, Contract Adm]ni~or cc: S. Toft D. Jones J. Gaeta T. Troeschel D. Alton Bio Gro Systems, Inc. · 180 Admiral Cochrane Drive · Suite 305 · Annapolis, Maryland 21401 * (410) 224-0022 * Fax (410) 224-0152 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 25, 1993 File #514 The Honorable Arthur B. Crush, III Clerk of the Circuit Court Roanoke, Virginia Dear Mr. Crush: I am attaching copy of Ordinance No. 31616-082393, for proper recordation in your office, which provides for the permanent vacating, discontinuing and closing of an unused alley extending in a northerly direction from Murray Avenue, S. E., for a distance of approximately 167.74 feet to an alley running generally east to west between 9th Street and llth Street, S. E., Block 34, Map of Buena Vista Land Company. Ordinance No. 31616-082393 was adopted by the Council of the City of Roanoke on first reading on Monday, August 9, 1993, also adopted by the Council on second reading on Monday, August 23, 1993, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. pc: H. C. Aker, Treasurer, Fellowship Baptist Church, 929 Murray Avenue, S. E., Roanoke, Virginia 24013 IN TNE COUNCIL OF THE CITY OF ROANOKE, The 23rd day of August, 1993. No. 31616-082393. VIRGINIA, AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. WHEREAS, Fellowship Baptist Church filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described as that portion of an unused alley extending in a northerly direction from Murray Avenue, S.E., for a distance of approximately 167.74 feet to an alley that runs in an east/west direction between 9th Street and llth Street, S.E., both of which are located in Block 34, Map of Buena Vista Land Co.; WHEREAS, the City Planning Commission~ which after giving proper notice to all concerned as required by S30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said amended application by the City Council on August 9, 1993, after due and timely notice thereof as required by S30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said amended application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That portion of an unused alley extending in a northerly direction from Murray Avenue, S.W., for a distance of approximately 167.74 feet to an alley that runs in an east/west direction between 9th Street and llth Street, S.E., both of which are located in Block 34, Map of Buena Vista Land Co., be, and hereby is, permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any public utility, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public rights-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the closure of the above-described right-of-way is conditioned upon applicant's submitting to the City, receiving approval of, and recording a subdivision plat, providing for the disposition of the land within the right-of-way, to be vacated, in a manner consistent with the requirements of Chapter 31, Subdivision, retention of appropriate public passage over the of the City Code, and providing for the easements, together with the right of same, for the purpose of construction, repair and general maintenance of any and all utilities that may exist within the right-of-way; and either providing verification that the City sanitary sewer line has sufficient cover and depth to withstand live load pressures to be generated within the proposed parking area or providing sufficient alternative measures to ensure the future stability of the sewer line, any and all of which shall be provided in a manner acceptable to the Agent to the Planning Commission; and in the event these conditions have not been met and the said plat has not been recorded in the Office of the Clerk of Circuit Court within twelve (12) months from the effective date of this ordinance, this ordinance shall become null and void with no further action by City Council being necessary. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of- way is shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of Fellowship Baptist Church, and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. 4 Roanoke City Planning Commission Z [ August 9, 1993 The Honorable David A. Bowers, and Members of City Council Roanoke, Virginia Mayor Dear Members Council: Subject: Request from Fellowship Baptist Church, represented by H. C. Aker, Treasurer, that an alley extending in a northerly direction from Murray Avenue, S.E, for a distance of approximately 167.74 feet to an alley that runs in an east/west direction between 9th and llth Streets, S.E., be permanently vacated, discontinued and closed. Backqround: ao Section of alley, as requested for closure, is undeveloped. Alley right-of-way extends in a northerly direction from Murray Avenue, S.E. for an approximate distance of 167.74 feet. Alley width is not shown on City maps. Be Applicant owns abutting lots identified as Official Tax Nos. 4122023 and 4122025 (918 Murray Avenue). Tax Parcel No. 4122038 (912 Murray Avenue) is owned by Clarence Arrington. Sinqle family residences are currently situated on property bearing official tax numbers 4122025 and 4122038 (see attached map A). Tax No. 4122023 has been used as a parking lot by Fellowship Baptist Church for a number of years. II. Current Situation: ADDlication to close and permanently vacat~ the subject alley was received by the Office of Community Planning on June 15, 1993. Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2344 Be Deve~ proposing the construction of a parking lot on tax parcels 4122023 and 4122025 had previously been submitted for the City's review and approval. Church buildinq and main parking lot are located across the street at 929 Murray Avenue, S.E. Parking lot at church building is insufficient to accommodate the parking needs of the church. Sanitary sewer line serving Jackson Middle School is located in this alley right-of-way. Sewer line is situated at a shallow depth (2.8'). Sewer lateral serving 918 Murray Avenue, S.E. was broken during excavation of the proposed parking lot. III. Issues: A. Neighborhood impact. B. Traffic impact. C. Utilities within the right-of-way. D. Creation of a dead-end alley. E. Land use. F. Relationship to the comprehensive plan. IV. Alternatives: Approve the applicant's request to close and permanently vacate the subject alley as requested, subject to certain conditions outlined in Section V. of this report. Neiqhborhood impact - Closure will not adversely affect the immediate neighborhood or other abutting properties. Traffic impact - Closure will not affect traffic or traffic needs in the area. 3. Utilities within the public riqht-of-wa¥: City has a sanitary sewer line within this alley right-of-way. Sewer line is located at a shallow depth. Applicant should bear responsibility of providing the City with acceptable verification that this sewer line has sufficient cover and depth to withstand live load pressures to be generated within this area. If this verification cannot be provided, applicant should be required to Ve upgrade (strengthen) or relocate this sanitary sewer system. be Easement will be retained for this sewer line on a recorded plat of subdivision. Creation of a dead-end alley - Closure will not create a dead-end alley. Land use - Proposed parking lot will be situated between single family residential uses. Applicant should provide landscaping along appropriate property boundaries consistent with the screening requirements set forth in Section 36.1-555(b) (2). 6e Relationship to the comprehensive Dian - Request is consistent with the intent of the comprehensive plan that available land be used in the most appropriate manner. Deny the applicant's request to close and permanently vacate the subject section of public alley. 1. Neiqhborhood impact would not be an issue. 2. Traffic impact would not be an issue. Utilities within the public riqht-of-way would not be an issue. 4. Creation of a dead-end alley would not be an issue. Se Land use - Alley right-of-way has recently been graded and graveled as a functional part of a larger parking area. Stability of the existing sewer line serving Jackson Middle School will still need to be verified. Relationship to the comprehensive plan - Action would be inconsistent with the intent of the comprehensive plan. Recommendation: Planning Commission, by a vote of 7-0, recommends that City Council approve Alternative "A" thereby approving the applicant's request subject to the following conditions: The applicant shall submit to the City for its review and approval, receive approval of, and record in the Office of the Roanoke Circuit Court, a subdivision plat, with said plat providing thereon for the following: The disposition of the land within the right-of-way to be vacated, in a manner consistent with the requirements of Chapter 31, Subdivisions, of the Code of the City of Roanoke, 1979, as amended. The retention of appropriate easements, together with the right of public passage over the same, for the purpose of construction, repair and general maintenance of any and all utilities that may exist within the right-of-way. The applicant, prior to the City's approval of the above- cited subdivision plat, shall either provide verification that the City sanitary sewer line has sufficient cover and depth to withstand live load pressures to be generated within the proposed parking area or provide sufficient alternative measures to ensure the future stability of the sewer line, any and all of which shall be provided in a manner acceptable to the Agent to the Planning Commission. If a plat of subdivision is not approved by the City, and recorded by the applicant within a period of 12 months from the date of the adoption of the ordinance providing for the closure of the subject right-of-way, then said ordinance shall be null and void with no further action by City Council being necessary. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission ERT:mpf attachment cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner MABY F. PARKER Cky Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 21~ Church Avmue, S.W., ~m 4~ ~oke, ~ ~11 Tel~hone: (7~) ~1-~1 SANDRA H. EAKIN Deputy City Clerk June 16, 1993 File //514 Mr. Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to Section 30=14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application from H. C. Aker, Treasurer, Fellowship Baptist Church, requesting that a certain alley extending in a northerly direction from Murray Avenue, S. E., rvnnt~g ~eneraily east to west between 9th Street and llth Street, approximately 167.74 feet, Block 34, Map of Buena Vista Land Company, be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm s / fellowship Enc. pc: The Honorable Mayor and Members of the Roanoke City Council Mr. H. C. Aker, Treasurer, Fellowship Baptist Church, 929 Murray Avenue, S. E., Roanoke, Virginia 24013 V~r. John R. Marlles, Agent, City Planning Comnflssion Mr. Ronaid H. Miller, Building Commissioner/Zoning Administrator Mr. Edward R. Tucker, City Planner Mr. Steven J. Taievi, Assistant City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE IN RE: ) ) APPLICATION DISCONTINUING Application of Fellowship ) OF ALLEY. Baptist Church for vacation of alley.) HEMBERS OF COUNCIL: Fellowship Baptist Church applies to have unused alley extending from Murray Avenue S. E. to alley between Highland Avenue and Murray Avenue S. E., in the City of Roaoke, Virginia, permanent)y vacated, discoutinued and closed, pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the City (1979), as amended. This alley is more particularly the (map or plat) attached and as follows, Unused Alley extending in a n°r~heo~¥y direction Avenue S. E. for a distance of abbroximately an alley that runs in an east/west direction Street and llth Street, Southwest both of located in block 34, map of Buena Vista Land of Roanoke described on from Murray 167 feet to between 9th which are Co. Fellowship Ba~ttst Church application are as ¢ollows~ 1) All landowners whose property adJolns vacated have been notifted and are in application, The alley to is currently states that the grounds for this the property to be agreement with this 2) be vacated is presently undeveloped and being used as a parking lot and yard. 3) The applicant desires to use the land within the alley be vacated for a parking lot. to WHEREFORE, Fellowship Baptist Church respectfully reouest that above described alley be vacated by the Council of the City of Roanoke. virginia, in accordance with Virginia Code Section 15.1- 364 and Section 30-14, Code of the City of Roanoke (19?g), as amended. t~e Respectfully submitted, FELLOWSHIP BA~ "THE STAR CITY OF THE SOUTH" "INTO ALL THE WORLD" OUR 40TH YEAR, FOR THE GLORY OF GOD; June 11, 1993 TO whc~ it ~ay P~uwerty o~ners abutt~g alley ~ F~p ~st ~ ~ C~ G. ~, Jr., 204 ~ ~. V~, Va. 24179. ~ 89~35~. ~ ~ ~ ~ at ~ p~t ~ ~ ~s ~, C~ ~, Sr. ~ pa~ ~ at 9~ ~ A~. S.E. ~: 982- 1230. ~T~ 3~-~322 ROANOK5 TIM~S ~ WORLD-N~WS NUMBER - 72105767 PUBLISHER'S FEE - $106.60 , T' FELLOWSHIP BAPTIST CHURCH 929 MURRAY AVE SE ROANOKE VA 24013 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 07/23/93 MORNING 07/30/93 MORNING WITNESS, THIS~ 1ST DAY. OF AUGUST 1993 - - ~---.,~,- - - ~.~ .~- .......... _- .... '~ ~ ~ ~OR'I Z E ~ ' S I GNA TURE NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, August 9, 1993, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on an application to permanently abandon, vacate, discontinue and close the following public right- of-way: An unused alley extending in a northerly direction from Murray Avenue, S.E., for a distance of approximately 167.74 feet to an alley that runs in an east/west direction between 9th Street and llth Street, S.E., both of which are located in Block 34, Map of Buena Vista Land Co. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 215t day of Ju]~ , 1993. Mary F. Parker, City Clerk. Publish twice in the Roanoke Times & World-News, once on Friday, July 23, 1993, and once on Friday, July 30, 1993. Send affidavit to: Send bill to: Mary F. Parker, City Clerk Rm. 456, Municipal Building, S. W. Roanoke, Virginia 24011-1536 H. C. Aker, Treasurer Fellowship Baptist Church 929 Murray Avenue, S. E. Roanoke, Virginia 24013 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room ~,56 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 30, 1993 File//514 H. C. Aker, Treasurer Fellowship Baptist Church 929 Murray Avenue, S. E. Roanoke, Virginia 24013 Dear Mr. Aker: I am enclosing copy of an ordinance permanently vacating, discontinuing and closing an unused alley extending in a northerly direction f~om Murray Avenue, S. E., for a distance of approximately 167.74 feet to an alley ~unning generally east to west between 9th Street and llth Street, S. E., Block 34, Map of Buena Vista Land Company, which ordinance will be considered by the Council of the City of Roanoke at a public hearing to be held on Monday, August 9, 1993, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber. Please revie the measure and ff you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 981-2431. Sincerely, ~d~/~<~_.- Mery F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Ronald H. Miller, Building Commissioner/ordinance John R. Marlles, Chief, Community Planning/ordinance Evelyn D. Dorsey, Acting Zoning Administrator/ordinance MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 22, 1993 File #514 H. C. Aker, Treasurer Fellowship Baptist Church 929 Murray Avenue, S. E. Roanoke, Virginia 24013 Dear Mr. Aker: Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing will be held on Monday, August 9, 1993, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on the request of Fellowship Baptist Church that an unused alley extending in a northerly direction from Murrey Avenue, S. E., for a distance of approximately 167.74 feet to an alley running generally east to west between 9th Street and llth Street, S. E., Block 34, Map of Buena Vista Land Company, be permanently vacated, discontinued and closed. For your information, I am enclosing copy of a notice of the public hearing and a report of the City Planning Commission with regard to the request for alley closure. Please review the notice and ff you have questions, yqu may contact Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the Planning Commission report should be directed to John R. Mariles, Chief of Community Planning, at 981-2344. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Aug Eric. pc: Mr. Clarence G. Arrington, Jr., 204 Cameron Drive, Vinton, Virginia 24179 TO THE CITY CLERK OF THE CITY OF ROANOKE, PERTAINING TO THE STEET CLOSURE OF: Request from Fellowship Baptist Church, represented by H. C.) Aker, Treasurer, that an alley extending in a northerly )AFFI- direction from Murray Avenue, S.E, for a distance of )DAVIT approximately 167.74 feet to an alley that runs in an ) east/west direction between 9th and llth Streets, S.E., be ) permanently vacated, discontinued and closed. ) COMMONWEALTH OF VIRGINIA) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary of the city of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 28th day of June, 1993, notices of a public hearing to be held on the 7th day of July, 1993, on the street closure captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner, Aqent or Occupant Address 4122038 Clarence G. Arrington, Jr. 204 Cameron Drive Vinton, VA 24179 Mart~a Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 2~h ~ay of Jun/~r 1993. Nota~ PubIlh V / My Commission Expires: NOTICE OF PUBLIC HEARING COMMISSION TO WHOM IT MAY CONCERN: REC~I ~EB BEFORE TI-~TYR~NOKE CITY PLANNING '93 JUN 22 A!Om2 The Roanoke City Planning Commission will hold a public heating on Wednesday, July 7, 1993, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W.,in order to consider the following: Request from Fellowship Baptist Church, represented by H. C. Aker, Treasurer, that an alley extending in a northerly direction from Murray Avenue, S.E, for a distance of approximately 167.74 feet to an alley that runs in an east/west direction between 9th and llth Streets, S.E.,be permanently vacated, discontinued and closed. A copy of said application is available for review in the Office of Community Planning, Room 162, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. John R. Marlles, Agent Roanoke City Planning Commission Please run in newspaper on Tuesday, June 22, 1993 and Tuesday, June 29, 1993. Please bill: Fellowship Baptist Church 929 Murray Avenue, S.E. Roanoke, VA 24013 (344-6322) Please send affidavit of publication to: Office of Community Planning Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vir~nia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 16, 1993 File #514 Mr. Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to Section 30-14, Procedure for altering or vacating City streets or aileys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application from H. C. Aker, Treasurer, Fellowship Baptist Church, requesting that a certain alley extending in a northerly direction from Murray Avenue, S. E., running generally east to west between 9th Street and 11th Street, approximately 167.74 feet, Block 34, Map of Buena Vista Land Company, be permanently vacated, discontinued and closed. Sincerely, ~4l~uA~ Mary F. Parker, CMC/AAE City Clerk MFP: sm s / fellowship Eno o pc: The Honorable Mayor and Members of the Roanoke City Council Mr. H. C. Aker, Treasurer, Fellowship Baptist Church, 929 Murray Avenue, S. E., Roanoke, Virginia 24013 Mr. John R. Marlles, Agent, City Planning Commission Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. Edward R. Tucker, City Planner Mr. Steven J. Talevi, Assistant City Attorney NOTICE OF PUBLIC HEARING TIlE ROANOKE CITY PLANNING COMMISSION '93 JlJI, I 17 P 3:27 TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, July 7, 1993, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, $.W.,in order to consider the following: Request from Fellowship Baptist Church, represented by H. C. Aker, Treasurer, that an alley extending in a northerly direction from Murray Avenue, S.E, for a distance of approximately 16/.74 feet to an alley that runs in an east/west direetion between 9th and llth Streets, $.E.,be permanently vacated, discontinued and closed. A copy of said application is available for review in the Office of Community Planning, Room 162, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. John R. Marlles, Agent Roanoke City Planning Commission Please run in newspaper on Tuesday, June 22, 1993 and Tuesday, June 29, 1993. ' ....... Please bill: Fellowship Baptist Church 929 Murray Avenue, S.E. Roanoke, VA 24013 (344-6322) Please send affidavit of publication to: Office of Community Planning Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2~011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 25, 1993 File #51 Maryellen F. Goodlatte, Attorney Glenn, Flippin, Feldmann and Darby P. O. Box 2887 Roanoke, Virginia 24001 Dear Ms. Goodlatte: I am enclosing copy of Ordinance No. 31617-082393 rezoning two parcels of land located 130 feet from the intersection of Williamson Road and Angell Avenue, N. W., identified as Official Tax Nos. 2090307 and 2090328, from RM-1, Residential Multi- Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Ordinance No. 31616-082393 was adopted by the Council of the City of Roanoke on first reading on Monday, August 9, 1993, also adopted by the Council on second reading on Monday, August 23, 1993, and will take effect ten days following the date of its second reading. Sincerely, ~..~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. pc: Mr. James D. Fralin, P. O. Box 5037, Roanoke, Virginia 24012 Ms. Gladys R. Russell, 3014 Crockett Avenue, N. W., Roanoke, Virginia 24012 Mr. John D. Fralin, 7539 North Brook Drive, S. W., Roanoke, Virginia 24019 Ms. Rebecca F. Grasse, 2399 N. Cliff Drive, Boubonneis, Illinois 60914 Ms. Marilyn E. Bussey, 3020 Crockett Avenue, N. W., Roanoke, Virginia 24012 Maryellen F. Goodlatte, Attorney August 25, 1993 Page 2 pc; W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director of Real Estate Valuation William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities and Operations Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator Doris K. Layne, Real Estate Appraiser Aide IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of August, 1993. No. 31617-082393. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 209, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-1, Residential Multifamily, Low Density District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on August 9, 1993, after due and timely notice thereof as required by S36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 209 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Two parcels of land located 130 feet from the intersection of Williamson Road, N.W. and Angell Avenue, N.W., and designated on Sheet No. 209 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 2090307 and 2090328, be, and is hereby rezoned from RM-1, Residential Multifamily, Low Density District, to C-2, General Commercial District, subject to those conditions proffered by and set forth in the Petition, filed in the Office of the City Clerk on June 16, 1993, and that Sheet No. 209 of the Zone Map be changed in this respect. ATTEST: City Clerk. JUL 21 P1:40 Roanoke City Planning Commission August 9, 1993 The Honorable David A. Bowers, and Members of City Council Roanoke, Virginia Mayor Dear Members of Council: Subject: Request from LKA Enterprises, Inc., represented by Maryellen F. Goodlatte, attorney, that property located on Angell Avenue, N.W., Official Tax Nos. 2090307 and 2090328, be rezoned from RM-1, Residential Multifamily, Low Density District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Backqround: Purpose of the rezoning request is for the construction of a building and related improvements for the operation of a retail store selling automotive parts, supplies and accessories. Petition to rezone was filed on June 16, 1993. The following conditions were proffered by the petitioner: The property will be developed in substantial conformity with the attached site plan dated June 4, 1993, prepared by AutoZone Design & Construction, subject to any changes required by the City during site plan review. If no building permit has been issued or construction commenced within three (3) years from the date of final zoning approval, that portion of the property currently zoned RM-1 to be reclassified C-2 will revert to the previous zoning district without further action by City Council. Planninq Commission public hearinq was held on Wednesday, July 7, 1993. Mrs. Maryellen Goodlatte, attorney, Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2344 II. appeared before the Commission on behalf of LKA Enterprises, Inc., and AutoZone for the rezoning request. Mrs. Goodlatte presented to the Commission copies of the annual report of AutoZone as she explained the rezoning request and the operation of AutoZone. She further stated that the rezoning would promote good land use planning as it would provide for the consolidation of several parcels into one zoning classification for the construction and location of the proposed automotive parts and accessory sales business. She also commented that the business, oriented towards Williamson Road, would be in keeping with the surrounding businesses in the area. Mrs. Goodlatte noted to the Commission that two proffers were being offered relative to the site plan and reversion clause; she further noted that after a discussion with Mrs. Dorsey, she would proffer the operation of a retail store selling automotive parts and accessories if the Commission so desired. Mr. Bradshaw stated that given the unconditional C-2 zoning and uses in the immediate area, that he did not feel that proffering the specific use of this site was appropriate. Mrs. Dorsey gave the staff report noting that the rezoning would be consistent with the existing zoning and land use pattern in the area. She further noted that the addition of the two lots to the rear of the Williamson Road site would facilitate the redevelopment of that property at this location. No one appeared from the audience to speak in favor or in opposition to the rezoning request. Issues: Zoning of the subject property is currently RM-1, Residential Multifamily, Low Density District. The surrounding zoning pattern in the area is as follows: to the north and west is C-2, General Commercial district; to the east and south is RM-1, Residential Multifamily, Low Density District; and to the southeast is C-i, Office District. Land use of the subject property is currently an automobile storage and repossession lot. Surrounding land uses in the area are as follows: to the west is the vehicle repossession company primary site; to the north is an auto supply sales store, a church and a storage building for Dixie Bearings sales/distribution company; to the immediate east is a vacant lot and further east along both sides of Angell Avenue are single family residences. Access to the subject property is easily provided from the adjoining public streets, Williamson Road and Angell Avenue. Screening of the subject property would be required along the entire eastern and southern property boundaries contiguous to residentially zoned areas as a part of comprehensive site development plan review and approval process. NeiGhborhood organization is the Williamson Road Action Forum. The Planning office notified their president in writing of the rezoning request on June 25, 1993, and no comments have been received by this office as of the writing of this report. F. Comprehensive Plan recommends that: Commercial development be carefully evaluated to ensure minimal conflict with residential areas and promote good land use. Neighborhood character and environmental quality be protected. III. Alternatives: A. City Council approv~ the rezoning request. Zoninq of the subject property would be conditional, C-2, General Commercial District. Development of the property could take place as proposed. Land use would become a retail automotive parts, supplies and accessories sales store compatible with the adjoining, existing commercial development. Access to and from the site can safely be provided by Williamson Road and Angell Avenue. No traffic impacts are anticipated from the proposed use of the property as an automotive parts and supplies retail sales store. Screening would be required as part of the comprehensive development review along all property boundaries that adjoin residentially zoned areas. Nei hborhood realizes that this property is not suitable for residential development and that the proposed automotive parts, supplies and accessories retail sales store would be more in keeping with the adjoining commercial uses. Comprehensive Plan issues as set forth would be followed. City 1. Council deny the rezoning request. Zoninq of the subject property will remain RM-1, Residential Multifamily, Low Density District and the proposed development of the property would not be permitted nor would it occur. Land use would remain as vacant, undeveloped property. Site would continue to be eligible for development into single family or two-family (duplex) dwellings. 3. Access would not be an issue. 4. Screeninq would not be required. 5. Neighborhood would remain unchanged. 6. Comprehensive Plan issues as set forth could be followed at a later date. IV. RecommeDdation: The Planning Commission, by a vote of 7-0, recommended ar_a~ of the requested rezoning finding that the rezoning would place all the contiguous property under one ownership within the same zoning district classification currently proposed for redevelopment into a more compatible land use to the adjoining commercial uses oriented towards Williamson Road. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission EDD:mpf attachment cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Attorney for the Petitioner 5 VIRGINIA: BEFORE TI-IE PLANNING COMMISSION AND THE COUNCIL FOR THE CITY OF ROANOKE INRE: Rezoning two parcels of land ) located 130 feet from the ) intersection of Willi,roson Road, ) N.W. and Angell Avenue, N.W. ) PETITION FOR REZONING bearing Tax Nos. 2090307 ) and 2090328 from RM-I ) Reside~6s! Multi-Family, ) District to C-2 General ) Commercial District, such ) rezoning to be subject to ) certain conditions ) TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL FOR TI-IE CITY OF ROANOKE: (1) LKA Enterprises, Inc. has entered into a contract to sell tracts of land located at the intersection of Willl,rnson Road, N.W. and Angell Avenue, N.W. in the City of Roanoke, Virginia, containing 0.855 acres, beating Official Tax Map Nos. 2090303, 2090304, 2090305, 2090307 and 2090328 (the 'Property') to Autozone, Inc. for the construction of a building and rehted improvements for the operation of a retail sWre selling anlomotive parts, supplies and accessories. The Property is currently used as an/~utomobile storage and repossession lot. (2) The majority of the Property trax Nos. 2090303, 2090304 and 2090305), is zoned C-2. However, two parcels (Tax Nos. 2090307 and 2090328) are zoned Residential Multi-Family RM-1. Pursuant to Section 36.1-690, Cede of the City of Roanoke (1979) as amended, the Petitioners request that the portion of the Property zoned RM-1, Residential Multi-Family District (Tax Nos. 2090307 and 2090328), be rezoned to C-2, General Commercial District, subject to certain conditions, in order that it may be used as the location of a retail store selling automotive parts, supplies and accessories. (3) The Petitioners believe the rezoning of the Property will further the intent and purpose of the City's zoning ordinance and comprehensive plan in that the appearance of the Property, which is located on a major commercial thoroughfare, will improve and the Property will be used in a manner consistent with the adjacent commercial property. The proposed development and use will also result in an increase in the real estate tax base of the City of Roanoke, provide additional jobs to citizens of the City and conform to existing uses along Wiillavason Road. (4) The Petitioners hereby proffer and agree that, if the Property is rezoned as requested, the rezoning will be subject to and the Petitioners will abide by the following conditions: 1. The Property will be developed in substantial conformity with the attached site plan dated June 14, 1993 prepared by AutoZone Design & Construction, subject to any changes required by the City during site plan review. 2. If no building permit has been issued or construction commenced within three (3) years from the date of final zoning approval, that portion of the Property currently zoned RM-I to be reclassified C-2 will revert 2 j"l.,Iq-14-1~ 15:~3 F~ Gl~nnFlJppinFeldm~nn~r-bW TO 91c~1~ P.~B4 (5) to thc previous zoning dis~¢t RM-I without further action by Cit7 Council. The following documents a~e attached hereto as Exhibits: Vicini~7 Map; Appr-i~,~ lVlsp No. M~s ~ bounds d~cripiion of ~ Topical map snd land titl~ survey for AutoZon~, Inc. ,~,~1 10, 1993; Au~oZon~ De~il, n & Conslruclion Buildin~ El~vaiions; and $i~ PI~ p~p~r~t by auloZor~ l~si~n & Consu'uclion. R~spectf~y submilI~d, Glenn, Flippin, Neldmann & Datby :200 l~itst Campbell Square P. O. Box 2887 Roanoke, Virginia 24~01 3 ;~OENS EXHIBIT A EXHIBIT EXI~BIT C Lots 13, 14, & 15, Block 3, Map of William Fleming Court (Roanoke County Plat Book 2, page 121) as shown on survey dated June 10, 1993 made for Autozone, Inc. by Lumsden Associates. TAX MAP EXHIBIT D ADJACENT PROPERTY OWNERS NAME AND ADDRESS 2090413 & 2090412 James David Fralin P. O. Box 5037 Roanoke, VA 24012 2090314 Gladys R. Russell 3014 Crockett Avenue NW Roanoke, VA 24012 2090308 John David Fralin 7539 North Brook Drive Roanoke, VA 24019 2090303 2090304 2090305 L K A ENTERPRISES, INC. P. O. Box 734 Roanoke, VA 24004 [Petitioner] t Il . l I Ii :il 11 l,, ;1 Il LOCATION //.2 ROANOKE TINES & WORLO-NE~S AD NUMBER - 72105623 PUBLISHER'S FEE - $106o60 MARYELLEN F GOODLATTE ES 315 SHENANDOAH BLDG P 0 80X 2887 ROANOKE VA 24001 '93 ,\/J~, -9 Jill :x, STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION It (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 ROANOKEt IN THE STATE OF VIRGINIA, DO CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAIO NEWSPAPERS ON THE FOLLOWING DATES 07/23/93 MORNING 07/30/93 MORNING THIS 1ST O.AY OF AUGUST 1993 UTHORIZ'ED SIGNATURE NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, August 9, 1993, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from RM-1, Residential Multi-Family District, to C-2, General Commercial District, the following property: Two parcels of land located 130 feet from the intersection of Williamson Road, N.W. and Angell Avenue, N.W., bearing Official Tax Nos. 2090307 and 2090328, such rezoning to be subject to certain proffered conditions. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 215t day of July , 1993. Mary F. Parker, City Clerk. Publish twice in the Roanoke Times & World-News, once on Friday, July 23, 1993, and once on Friday, July 30, 1993. Send affidavit to: Mary F. Parker, City Clerk Rm. 456, Municipal Building, S. W. Roanoke, Virginia 24011-1536 Send bill to: Maryellen F. Goodlatte, Attorney Glenn, Flippin, Feldmann and Darby P. O. Box 2887 Roanoke, Virginia 24001 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 July 30, 1993 SANDRA H. F. AKIN Deputy City Clerk File #51 Maryellen F. Goodlatte, Attorney Glenn, Flippin, Feldmann and Darby P. O. Box 2887 Roanoke, Virginia 24001 Dear Ms. Goodlatte: I am enclosing copy of an ordinance rezoning two parcels of land located 130 feet from the intersection of Williamson Road and Angell Avenue, N. W., identified as Official Tax Nos. 2090307 and 2090328, from RM-1, Residential Multi-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners, which ordinance will be considered by the Council of the City of Roanoke at a public hearing to be held on Monday, August 9, 1993, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber. Please review the measure and if you have questions, you may contact Steven J. Taievi, Assistant City Attorney, at 981-2431. Sincerely, ~t~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Ronald H. Miller, Building Commissioner/ordinance John R. Marlles, Chief, Community Planning/ordinance Evelyn D. Dorsey, Acting Zoning Administrator/ordinanoa MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 98 I-2~41 SANDRA H. ~AKIN Deputy City Clerk July 22, 1993 File #51 Maryellen F. Goodlatte, Attorney Glenn, Flippin, Feldmann and Darby P. O. Box 2887 Roanoke, Virginia 24001 Dear Ms. Goodlatte: Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing will be held on Monday, August 9, 1993, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on the request of LKA Enterprises, Inc. and AutoZone, Inc., that two parcels of land located 130 feet from the intersection of Williamson Road and Angell Avenue, N. W., identified as Official Tax Nos. 2090307 and 2090328, be rezoned from RM-1, Residential Multi-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. For your information, I am enclosing copy of a notice of the public hearing and a report of the City Planning Commission with regard to the request for rezoning. Please review the notice and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the Planning Commission report should be directed to John R. Mariles, Chief of Community Planning, at 981-2344. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Aug Enc. Maryellen F. Goodlatte, Attorney July 22, 1993 Page 2 pc; Mr. James D. Fralin, P. O. Box 5037, Roanoke, Virginia 24012 Ms. Gladys R. Russell, 3014 Crockett Avenue, N. W., Roanoke, Virginia 24012 Mr. John D. Fralin, 7539 North Brook Drive, S. W., Roanoke, Virginia 24019 Ms. Rebecca F. Grasse, 2399 N. Cliff Drive, Boubonneis, Illinois 60914 Ms. Marilyn E. Bussey, 3020 Crockett Avenue, N. W., Roanoke, Virginia 24012 TO THE CITY CLERK OF THE CITY OF ROANOK T IRGINIA PERTAINING TO THE REZONING REQUEST OF: '93 Request from LKA Enterprises, Inc., represented by Maryellen ) F. Goodlatte, attorney, that property located on Angell Avenue, N.W., Official Tax Nos. 2090307 and 2090328, be )AFFI- rezoned from RM-1, Residential Multifamily, Low Density )DAVIT District, to to C-2, General Commercial District, such ) rezoning to be subject to certain conditions proffered by the ) petitioner. ) COMMONWEALTH OF VIRGINIA) ) CITY OF ROANOKE ) The affiant, states that she TO-WIT: Martha Pace Franklin, first being duly sworn, is Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 28th day of June, 1993, notices of a public hearing to be held on the 7th day of July, 1993, on the rezoning closure captioned above to the owner or agent of the parcels listed below at their last known address: parcel Owner, Aqent or Occupant Address 2090413 James David Fralin P.O. Box 5037 2090412 Roanoke, VA 24012 2090314 Gladys R. Russell 3014 Crockett Avenue Roanoke, VA 24012 2090308 John David Fralin 7539 North Brook Drive Roanoke, VA 24019 2090401 Rebecca F. Grasse 2399 N. Cliff Drive Boubonneis, IL 60914 2090313 Marilyn E. Bussey 3020 Crockett Avenue Roanoke, VA 24012 MartYR Pace Franklin SUBSCRIBED AND SWORN to before me, a ~~otary~/P~ublic, in the City of Roanoke, Virginia, this 28t day of Jun &993. ~otar~ Public ~~ / My Commission Expires: COMMISSION TO WHOM IT MAY CONCERN: '9.3 JUN 22 /~t0:41 The Roanoke City Planning Commission will hold a public hearing on Wednesday, July 7, 1993, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W.,in order to consider the following: Request from LKA Enterprises, Inc., represented by Maryellen F. Goodlatte, attorney, that property located on Angell Avenue, N.W.,Official Tax Nos. 2090307 and 2090328, be rezoned from RM-1, Residential Multifamily, Low Density District, to to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. A copy of said application is available for review in the Office of Community Planning, Room 162, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. John R. Marlles, Agent Roanoke City Planning Commission Please run in newspaper on Tuesday, June 22, 1993 and Tuesday, June 29, 1993. Please bill: Maryellen F. Goodlatte, Esq. Glenn, Flippin, Feldmann & Darby P. O. Box 2887 Roanoke, VA 24001 Please send affidavit of publication to: Office of Community Planning Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981.2541 SANDRA H. EAKIN Deputy City Clerk June 18, 1993 File #51 Mr. Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Maryellen F. Goodlatte, Attorney, representing LKA Enterprises, Inc. and AutoZone, Inc., requesting that two tracts of land located at the intersection of Williamson Road and Angell Avenue, N. W., containing 0.855 acre, mole or less, identified as Official Tax Nos. 2090307 and 2090328, be rezoned from RM-1, Residential Multi-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. F"~ ~"~''-~'Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm r/lka Enc. pc: The Honorable Mayor and Members of the Roanoke City Council Ms. Maryellen F. Goodlatte, Attorney, Glenn, Flippin, Feldmann and Darby, P. O. Box 2887, Roanoke, Virginia 24001 MI-. John R. Mariles, Agent, City Planning Commission Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Ms. Evelyn D. Doleey, Acting Assistant Zoning Administrator Mr. Steven J. Taievi, Assistant City Attorney NOTICE OF PUBLIC HEARING COMMISSION TO WHOM IT MAY CONCERN: BEFORE THE RO~A/NOKE '93 ,}/lI, I 17 ? 3:2 CITY PLANNING The Roanoke City Planning Commission will hold a public hearing on Wednesday, July 7, 1993, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W.,in order to consider the following: Request from LKA Enterprises, Inc., represented by Maryellen F. Goodlatte, attorney, that property located on Angeil Avenue, N.W., Official Tax Nos. 2090307 and 2090328, be rezoned from RM-1, Residential Multifamily, Low Density District, to to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. A copy of said application is available for review in the Office of Community Planning, Room 162, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. John R. Marlles, Agent Roanoke City Planning Commission Please run in newspaper on Tuesday, June 22, 1993 and Tuesday, June 29, 1993. Please bill: Maryeilen F. Goodlatte, Esq. Glenn, Flippin, Feldmann & Darby P. O. Box 2887 Roanoke, VA 24001 Please send affidavit of publication to: Office of Community Planning Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 25, 1993 File #51 James F. Douthat, Attorney Woods, Rogers and Hazlegrove Dominion Tower Suite 1400 10 S. Jefferson Street Roanoke, Virginia 24011 Dear Mr. Douthat: I am enclosing copy of Ordinance No. 31618-082393 rezoning a tract of land located at the intersection of Gus Nicks Boulevard and Eastern Avenue, N. E., containing 1.007 aera, identified as Official Tax No. 3330412, from RM-1, Residential Multi- Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Ordinance No. 31616-082393 was adopted by the Council of the City of Roanoke on first reading on Monday, August 9, 1993, also adopted by the Council on second reading on Monday, August 23, 1993, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc; New River Gulf Investments, P. O. Box 2442, Staunton, Virginia 24401 Mr. Robert L. Short, Sr., 3302 King Street, N. E., Roanoke, Virginia 24012 Mr. Wilford B. Divers, et als, Route 3, Box 830, Boones Mill, Virginia 24065 Mr. and Mrs. Frank Pellitter, Route 2, Box 406, Moneta, Virginia 24121 Mr. and Mrs. Harvey Hotinger, 2214 Wyclifffe Avenue, S. W., Roanoke, Virginia 24014 James F. Douthat, Attorney August 25, 1993 Page 2 pc,* Mr. Daniel P. Hughes, 5105 Williamson Road, N. W., Roanoke, Virginia 24012 Ms. Joyee M. Moses, 2502 Broadway Avenue, S. W., Roanoke, Virginia 24014 Roy N. Stroop, President, Wildwood Civic League, 723 Mecca Street, N. E., Roanoke, Virginia 24012 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director of Real Estate Valuation William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities and Operations Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator Doris K. Layne, Real Estate Appraiser Aide IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of August, 1993. No. 31618-082393. AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 333, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-1, Residential Multifamily, General Commercial District, proffered by the applicant; and Low Density District, to C-2, subject to certain conditions WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on August 9, 1993, after due and timely notice thereof as required by S36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 333 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: A tract of land containing 1.007 acres located at the intersection of Gus Nicks Boulevard and Eastern Avenue, and designated on Sheet No. 333 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 3330412, be, and is hereby rezoned from RM-1, Residential Multifamily, Low Density District, to C-2, General Commercial District, subject to the following proffers: (1) the property will be developed in substantial conformity with the site plan dated June 6, 1993, subject to any changes required by the City during site plan review; (2) the Petitioner will petition the Board of Zoning Appeals of the City of Roanoke for a variance in the provisions of S36.1-211, Minimum yard requirements, with regard to the location of the proposed building relative to Osborne Street; and (3) if no building permit has been issued or construction commenced within three (3) years from the effective date of this rezoning, the subject property will automatically revert from C-2, General Commercial District to RM-1, Residential Multifamily, Low Density District, without further action required by City Council, as more fully set forth in the Petition, filed in the Office of the City Clerk on June 16, 1993, and that Sheet No. 333 of the Zone Map be changed in this respect. ATTEST: City Clerk. P1:41 Roanoke City Planning Commission August 9, 1993 The Honorable David A. Bowers, and Members of City Council Roanoke, Virginia Mayor Dear Members Council: Subject: Request from the Estate of Grace Short Siler, represented by James F. Douthat, attorney, that property located on Gus Nicks Boulevard, N.E., designated as Official Tax No. 3330412, be rezoned from RM-1 Residential Multifamily, Low Density District to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Backqround: Purpose of the rezoning request is to facilitate the construction of a retail store selling automotive parts, supplies and accessories. Petition to rezone was filed on June 16, 1993. The following conditions were proffered by the petitioner: The property will be developed in substantial conformity with the attached site plan dated June 6, 1993, and prepared by AutoZone Design and Construction, subject to any changes required by the City during site plan review. The petitioners will petition the Board of Zoning Appeals of the City of Roanoke for a variance in the provisions of Section 36.1-211, Minimum Yard Requirements, with regard to the location of the proposed building relative to Osborne Street. If no building permit has been issued or construction commenced within three years from the date of final zoning approval; zoning shall revert to the previous zoning district, Residential Multifamily District, RM-1, without further action by City Council. Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2344 II. Planning Commission public hearing was held on Wednesday, July 7, 1993. Mr. James Douthat, attorney, appeared before the Commission on behalf of the petitioner. Mr. Douthat reviewed the petition with the Commission explaining the purpose of the requested rezoning and the proffered development plan for the site. He further stated that the intended use of the property is for the AutoZone corporation and that it was implied by the renderings and company logo on the site development plan that the use is an automotive parts and accessory sales store but if the Commission so desired, his client would be more than happy to amend their petition and proffer the specific use. Discussion enjoined regarding the status of the property boundary as it related to Eastern Avenue, a paper street not dedicated to the City, and where the new zoning lines would be drawn if the rezoning was approved. Further discussion took place regarding the construction of a retaining wall along Osborne Avenue above the site. Mr. Joyce Martin, adjoining property owner, appeared before the Commission and stated that even though she was not opposed to the proposed business, she had a number of concerns regarding the site development, the resulting traffic generation utilizing Osborne Avenue and the traffic movements on and off Gus Nicks Boulevard in relation to the adjoining park. She further questioned the use of a four foot high retaining wall proposed along Osborne Avenue as it adjoins the subject property. Mr. Roy Stroop, President of the Wildwood Civic League, appeared before the Commission and stated that the civic league's membership had discussed the matter and were in support of the rezoning request. He further commented that as a resident of the area, he was not familiar with the excessive traffic on Osborne Avenue as Ms. Martin had described. No one else from the audience appeared before the Commission to speak in favor or in opposition to the request. Mrs. Dorsey gave the staff report summarizing the purpose of the request, several elements of the proffered site development plan, and the pending variance request to be made to the City's Board of Zoning Appeals. She further responded to the traffic issues, the location of the potential zoning district line as it pertained to Eastern Avenue, the construction of the retaining wall along Osborne Avenue, and the installation of on-site lighting. Issues: Zoninq of the subject property is currently, RM-1, Residential Multifamily, Low Density District. The surrounding zoning pattern in the area is as follows: to the north, northeast and east is C-2, General Commercial District; to the northwest is LM, Light Manufacturing District; to the west and south is a mixture of RM-1 and RM-2, Residential Multifamily Districts. Land use of the subject property is currently a vacant, single family residential structure with two detached accessory structures. Land uses in the area are as follows: to the north and northwest is a mixture of highway oriented commercial activities such as fast-food restaurants, an auto repair garage and car sales lot and a strip shopping mall across Orange Avenue; to the west and southwest is a mixture of single family and duplex development; to the south is a municipal park; and to the east is a mixture of additional highway oriented commercial uses such as used car sales lot and auto repair, a laundromat and a convenience store. Utilities are available and of adequate capacity to serve the proposed development. Storm drainage concerns and other design or engineering issues will be addressed and resolved during the comprehensive development plan review process. Access to the subject property is easily provided from Gus Nicks Boulevard. The City Traffic Engineer has stated that given the proposed use of the site, it does not appear that traffic generated by the site would be inappropriate for this location nor would it have a significant impact on Gus Nicks Boulevard traffic pattern. Screeninq would be required by the zoning ordinance along the property boundaries that adjoin residentially zoned areas or uses and would be addressed through comprehensive site development plan review. Neiqhborhood organization for this area is the Wildwood Civic League. The Planning office notified the president of the organization in writing on June 25, 1993. Mr. Roy Stroop, president of the neighborhood organization, appeared before the Planning Commission and stated that the neighborhood had no objections to the requested rezoning and proposed automotive accessory sales store to be built on the property. Comprehensive Plan recommends that: Neighborhood character and environmental quality be protected. Expanded commercial evaluated to ensure residential areas. III. Alternatives: development is carefully minimal conflict with Bo City Council aDDrov~ the rezoning request. Zoning of the subject property would become conditional C-2, General Commercial District. The proposed redevelopment of the property for retail commercial purposes would be allowed to occur. Land use would become a retail store selling automotive parts, supplies and accessories. Utilities to the property are available and of adequate capacity to serve the proposed development. Specific site development issues will be addressed through comprehensive site plan review. Access to and from the site can be safely provided by two (2) curb cuts onto Gus Nicks Boulevard as proposed. Screeninq will be provided on the site in accordance with the requirements as set forth in the zoning ordinance and as a result of the comprehensive site development plan review. Nei hborhood would not be affected by the proposed redevelopment of the site given the elevation and orientation of the subject property to Gus Nicks Boulevard, a major traffic corridor. 7. Comprehensive Plan issues as set forth would be followed. city Council deny the rezoning request. Zoning of the subject property will remain RM-1, Residential Multifamily District available for possible continuation of the existing single family residential use or redevelopment into duplex development. Land use would remain a vacant, single family structure with two detached accessory structures. 3. Utilities would be unaffected. 4e Access to the site would remain as is and would not be an issue. 5. Screening would not be an issue. 6. Neiahborhood would remain unchanged. 7. Comprehensive Plan issues as set forth could be followed at a later date. IV. Recommendation: The Planning Commission by a vote of 7-0, recommended approval of the requested rezoning finding that the proposed rezoning is consistent with the existing zoning pattern and land uses in the immediate area as well as would provide a transitional buffer area between the more intensive, highway-oriented commercial uses along Orange Avenue and Gus Nicks Boulevard to the north and east and the single family, multifamily and open space uses to the west and south of the subject property. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission EDD:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Attorney for the Petitioner 5 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 21~ Church Avenue. S.W., Room 456 Roanoke, Virginia 2~011 Telephone: (703) 981-2541 June 18, 1993 SANDRA H. EAKIN Deputy City Clerk File #51 Mr. Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from James F. Douthat, Attorney, representing the Estate of Grace Short Slier and AutoZone, Ine., requesting that a tract of land located at the intersection of Gus Nicks Boulevard and Eastern Avenue, S. E., containing 1.007 acres, more or less, identified as Official Tax No. 3330412, be rezoned from RM-1, Residential Multi-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm r/autozone Enc. pc: The Honorable Mayor and Members of the Roanoke City Council Mx,. James F. Douthat, Attorney, Woods, Re,era & Hazlegrove, Dominion ~rwer, Suite 1400, 10 South Jefferson Street, Roanoke, Virginia 24011 · John R. Mariles, Agent, City Planning Commission Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator Mr. Steven J. Taievi, Assistant City Attorney VIRGINIA: ~ ...... BEFORE THE PLANNING COMMISSION AND THE COUNCIL FOR THE CITY OF ROANOKE IN RE: Rezoning of a tract of land containing 1.007 acres located at the intersection of Gus Nicks Blvd. and Eastern DN FOR REZONING Avenue, bearing Tax No. 3330412 from RM-1 Residential Multi-Family, District to C-2 General Commercial District, such rezoning to be subject to certain conditions TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL FOR THE CITY OF ROANOKE: (1) The Estate of Grace Short Sller has entered into a contract to sell a tract of land located at the intersection of Gus Nicks Blvd. and Eastern Avenue in the City of Roanoke, Virginia, which contains 1.007 acres and bears Official Tax No. 3330412 (the "Property") to AutoZone, Inc. for the construction of a building and related improvements for the operation of a retail store selling automotive parts, supplies and accessories. (2) The Property, which is currently unoccupied, is zoned Residential Multi-Family RM-1. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request the Property be rezoned from RM-1, Residential Multi-Family District, to C-2, General Commercial District, subject to certain conditions, in order that it may be used as the location of a retail store selling automotive parts, supplies and accessories. L58733 2 (3) The Petitioners believe the rezoning of the Property will further the intent and purpose of the City's zoning ordinance and comprehensive plan in that the appearance of the Property, which is located on major commercial thoroughfare, will be improved and the Property will be used in a manner consistent with adjacent commercial property. The proposed development and use will also result in an increase in the real estate tax base of the City of Roanoke, provide additional Jobs to citizens of the City, conform to existing uses along Gus Nicks Blvd., stabilize the use of the Property and cause it to act as a buffer between Gus Nicks Blvd. and multi-family residential property located to the rear of the Property across Osborne Street. (4) The Petitioners hereby proffer and agree that, if the Property is rezoned as requested, the rezoning will be subject to and the Petitioners will abide by the following conditions: 1. The Property will be developed in substantial conformity with the attached June 6, 1993, site plan prepared by AutoZone Design & Construction, subject to any changes required by the City during site plan review. 2. The Petitioners will petition the Board of Zoning Appeals Of the City of Roanoke for a variance in the provisions of S 36.1-211 Minimum Yard Requirements with regard to the location of the proposed building relative to Osborne Street. L58733 3 3. If no building permit has been issued or construction commenced within three years from the date of final zoning approval; zoning shall revert to the previous zoning district, Residential Multi-Family District RM-1, without further action by City Council. The following documents are attached hereto as (5) Exhibits: a. Vicinity Map; b. Appraisal Map No. 333; c. Meets and bounds description of the Property; d. List of adjacent property owners; e. August 14, 1992 Survey for the Estate of Grace Short West; f. AutoZone Design & Construction Building Elevations; g. June 6, 1993, Site Plan prepared by AutoZone Design & Construction. Respectfully submitted, THE ESTATE OF GRACE SHORT SILER Ralph E. Short, Executor AUTOZ~NE, INC. / James F. Douthat, Esq. Bar No. 1191 WOODS, ROGERS & HAZLEGROVE Dominion Tower, Suite 1400 10 South Jefferson Street Roanoke, VA 24011 703/983-7662 158733 LOCATION 18-- EXHIBIT I EXHIBIT BEGINNING at corner #1, an existing iron pin at the northwest corner of Gus Nicks Boulevard and Eastern Avenue N.E; Thence leaving Gus Nicks Boulevard and running with the northerly right-of-way of said Eastern Avenue, S. 68° 47' 00" W. 129.00 Feet to corner #2, an existing railroad spike; Thence running partly with the property of he City of Roanoke and partly with the southerly right-of-way line of Osborne Street N.E., (40' R/W), N. 36° 30' 00" W. 322.60 feet to an existing iron pin at corner #3. Thence leaving Osborne Street and running with the property of New River Golf Investment, N. 53° 07' 45" E. passing the corner of said New River Gulf Investment at 118.00 feet and continuing with the right-of-way of Gus Nicks Blvd. a total distance of 129.12 feet to an existing iron pin at corner #4. Thence with the westerly right-of-way line of Gus Nicks Boulevard the following 5 courses and distances as follow: S. 39° 52' 00" E. 75.91 feet to an existing iron pin at corner #5. Thence S. 23" 15' 12" E. 42.61 feet to an existing iron pin at corner #6; Thence S. 43° 44' 24" E. 70.16 feet to an existing iron pin at corner #7; Thence S. 33° 01' 26" E. 70.79 feet to an existing iron pin at corner #8; Thence S. 34* 15' 00" E. 100.00 feet to corner #1, the point of BEGINNING, containing 1.007 acres and being part of the land conveyed to Algle Russell West and Grace Short West by Deed Dated May 3, 1960, recorded in the Clerk's office for the City of Roanoke, Virginia, in Deed Book 1073, page 269, and vested in he heirs of Grace Short (West) Sller by Will dated November 23, 1988, recorded in the aforesaid Clerk's Office in Will Book 34, Page 1549. M#164499 EXHIBIT ADJACENT PROPERTY OWNERS OWNER TAX MAP NO. New River Gulf Investments P.O. Box 2442 Staunton, VA 24401 3330401 Short, Robert Lee, 3302 King St., NE Roanoke, VA 24012 Sr. 3330507 Divers, Wllford B., et als. Rt. 3, Box 830 Boones Mill, VA 24065 3330504 Pellitteri, Frank G. and Laura L. 1001 Gus Nicks Blvd., NE Roanoke,. VA 24012 3330509 3330510 3330511 City of Roanoke 930 Wllliamson Rd., NE Roanoke, VA 24012 3330402 City of Roanoke Wallace Avenue, NE Roanoke, VA 24012 3330313 Moses, Joyce Kathryn P.O. Box 20293 Roanoke, VA 24018 3330224 Hotinger, Harvey L. III & Janet K. 2039 Purcell Ave., NE Roanoke, VA 24012 3330213 Hughes, Daniel P. 2040 Purcell Ave. Roanoke, VA 24012 3330127 M#165039 EXHIBIT z(1) , DESIGN ~ CONSTRUCTION (9o;) EXTERIOR ELEVATIONS ~0~o ~ A~.. ~[~',s. TN ~SlI~. F~ EXHIBIT ;N ~ CONSTRUCTION (901) s/sz'-~'.-o' ~IOR ELEVATIONS POP,.~R A~., M[~PH~S. TN 38~ * ~X ' :il,i ,J !lii!!lJii !hi~!iii!!lii! !lili !lJll iii]! !lla ~1',I fi;II iii ,;iii. i tpjl :i I ~1 jl J ....",'.. :J ~ t I!~ IdJ I! ~ I DESIGN & CONSTRUCTION CITY OF ROANOKE IF LOCATION I .PROPOSEI) PROPOSED RI;ZONINO ROANOKE TIMES & WgRLO-NEWS ~O NUMBER - 72126885 PUBLISHER'S FEE - $IOq-~,~Oy JAMES F DOUTHAT 10 S JEFFERSON ST SUITE 1400 PO 80X 14125 ROANOKE VA 24038 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION I, (THE UNDERSIGNED) AN AUTHORIZED REPRESENTATIVE OF THE TIMES-WORLO COR- PORATION, WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES & WORLO-NEWS, A DAILY NEWSPAPER PUBLISHED IN ROANOKE9 IN THE STATE OF VIRGINIA9 DO CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 07/23/93 MORNING 07/30/93 MORNING WITNESS, THIS 1ST DAY OF AUGUST 1993 A~S IGNATURE NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, August 9, 1993, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from RM-1, Residential Multi-Family District, to C-2, General Commercial District, the following property: A tract of land containing 1.007 acres located at the intersection of Gus Nicks Boulevard and Eastern Avenue, bearing Official Tax No. 3330412, such rezoning to be subject to certain proffered conditions. A copy of this proposal is available the Office of the City Clerk, Room 456, parties in interest may appear on the above the question. GIVEN under my hand this 2tst day of for public inspection in Municipal Building. Ail date and be heard on Quly , 1993. Mary F. Parker, City Clerk. Publish twice in the ROanoke Times & World-News, once on Friday, July 23, 1993, and once on Friday, July 30, 1993. Send affidavit to: Mary F. Parker, City Clerk Rm. 456, Municipal Building, S. W. Roanoke, Virginia 24011-1536 Send bill to: James F. Douthat, Attorney Woods, Rogers & Hazlegrove Dominion Tower, Suite 1400 10 S. Jefferson Street Roanoke, Virginia 24011 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN I~puty City Clerk July 30, 1993 File #51 James F. Douthat, Attorney Woods, Rogers & Hazlegrove Dominion Tower, Suite 1400 Roanoke, Virginia 24011 Dear Mr. Douthat: I am enclosing copy of an ordinance rezoning a tract of land located at the intersection of Gus Nicks Boulevard and Eastern Avenue, N. E., containing 1.007 acre, more or less, identified as Official Tax No. 3330412, from RM-1, Residential Multi-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners, which ordinance will be considered by the Council of the City of Roanoke at a public hearing to be held on Monday, August 9, 1993, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber. Please review the measure and ff you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 981-2431. r'~' ~'~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Ronald H. Miller, Building Commissioner/ordinance John R. Marlies, Chief, Community Planning/ordinance Evelyn D. Doraey, Acting Zoning Administrator/ordinance MARY F. PARKER C/ty Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vir~nia 24011 Telephone: (703) 981-2541 July 22, 1993 SANDRA H. EAKIN DeputyCityClerk File #51 James F. Douthat, Attorney Woods, Rogers & Hazlegrove Dominion Tower, Suite 1400 Roanoke, Virginia 24011 Dear Mr. Douthat: Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a pubile hearing will be held on Monday, August 9, 1993, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on the request of the Estate of Gr~ee Short Siler and AutoZone, Ine., that a tract of land located at the intersection of Gus Nicks Boulevard and Eastern Avenue, N. E., eontalning 1.007 acre, more or less, identified as Official Tax No. 3330412, be rezoned from RM-1, Residential Multi- Family Distriet, to C-2, General Commercial District, subjeet to certain conditions proffered by the petit/oners. For your information, I am enclosing copy of a notice of the public hea~ing and a report of the City Planning Commission with regard to the request for rezoning. Please review the notice and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the Planning Commission report should be directed to John R. Marlles, Ch/el of Commun/ty Planning, at 981-2344. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Aug Ene o James F. Douthat, Attorney July 22, 1993 ' Page 2 pc: New River Gulf Investments, P. O. Box 2442, Staunton, Virginia 24401 Mr. Robert L. Short, Sr., 3302 King Street, N. E., Roanoke, Virginia 24012 Mr. Wilford B. Divers, et als, Route 3, Box 830, Boones Mill, Virginia 24065 Mr. and Mrs. Frank Pellitter, Route 2, Box 406, Moneta, Virginia 24121 Mr. and Mrs. Harvey Hotinger, 2214 WycHfffe Avenue, S. W. Roanoke, Virginia 24014 ' Mr. Daniel P. Hughes, 5105 Williamson Road, N. W., Roanoke, Virginia 24012 Ms. Joyce M. Moses, 2502 Broadway Avenue, S. W., Roanoke, Virginia 24014 Roy N. Stroop, President, Wildwood Civic League, 723 Mecca Street, N. E. Roanoke, Virginia 24012 ' RECEI~'E[] PEATA NZ TO RE O NG REaUES JIJ 29 2:15 Request from the Estate of Grace Short Siler, represented by) James F. Douthat, attorney, that property located on Gus Nicks) Boulevard, N.E., designated as Official Tax No. 3330412, be)AFFI- rezoned from RM-1 Residential Multifamily, Low Density)DAVIT District to C-2, General Commercial District, such rezoning to) be subject to certain conditions proffered by the petitioner.) COMMONWEALTH OF VIRGINIA) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 28th day of June, 1993, notices of a public hearing to be held on the 7th day of July, 1993, on the rezoning closure captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 3330401 3330507 3330504 3330509 3330510 3330511 Owner, Aqent or Occupant New River Gulf Investments Robert Lee Short, Sr. Wilford B. Divers, et als Frank and Laura Pellitter Address P.O. Box 2442 Staunton, VA 24401 3302 King Street, NE Roanoke, VA 24012 Route 3, Box 830 Boones Mill, VA 24065 Route 2, Box 406 Moneta, VA 24121 3330224 3330213 3330127 Joyce K. Moses Harvey and Janet Hotinger Daniel P. P. O.Box 20293 Roanoke, VA 24018 2214 Wycliffe Ave., SW Roanoke, VA 24014 Hughes 5105 Williamson Road Roanoke, VA 24012 Mar~ha Pace Franklin SUBSCRIBED AND SWORN to before me, City of Roanoke, Virginia, My Commission Expires: a Notary Public, Not%ry Public\- / in the NOTICE OF PUBLIC HEARING COMMISSION TO WHOM IT MAY CONCERN: BEFOR~II YF~ ROANOKE '93 J/$~l 22 ~I0:82 CITY PLANNING The Roanoke City Planning Commission will hold a public hearing on Wednesday, July 7, 1993, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W.,in order to consider the following: Request from the Estate of Grace Sho~ Siler, represented by James F. Douthat, attorney, that property located on Gus Nicks Boulevard, N.E., designated as Official Tax No. 3330412, be rezoned from RM-1 Residential Multifamily, Low Density District to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. A copy of said application is available for review in the Office of Community Planning, Room 162, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. John R. Marlles, Agent Roanoke City Planning Commission Please run in newspaper on Tuesday, June 22, 1993 and Tuesday, June 29, 1993. Please bill: James F. Douthat, Esq. Woods, Rogers & Hazlegrove Dominion Tower, Suite 1400 10 South Jefferson Street Roanoke, VA 24011 Please send affidavit of publication to: Office of Community Planning Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 June 18, 1993 SANDRA H. EAKIN Deputy City Clerk File//51 Mr. Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from James F. Douthat, Attorney, representing the Estate of Grace Short Slier and AutoZone, Inc., requesting that a tract of land located at the intersection of Gus Nicks Boulevard and Eastern Avenue, S. E., containing 1.007 acres, more or less, identified as Official Tax No. 3330412, be rezoned from RM-1, Residential Multi-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm r/autozone Enc. pc: The Honorable Mayor and Members of the Roanoke City Council Mr. James F. Douthat, Attorney, Woods, Rogers & Hazlegrove, Dominion Tower, Suite 1400, 10 South Jefferson Street, Roanoke, Virginia 24011 Mr. John R. Marlles, Agent, City Planning Commission Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney '~Y F. PARKER City Clerk, CMC/AAE . CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 25, 1993 File #51 H. Wesley White Land Planning/Subsidized Housing Director City of Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N. W. Roanoke, Virginia 24017 Dear Mr. White: I am enclosing copy of Ordinance No. 31619-082393 rezoning a tract of land lying west and southwest of Connecticut Avenue, off of Hollins Road, N. E., containing 9.751 acres, identified as Official Tax No. 3041207, from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner. Ordinance No. 31619-082393 was adopted by the Council of the City of Roanoke on first reading on Monday, August 9, 1993, aiso adopted by the Council on second reading on Monday, August 23, 1993, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. H. Wesley White August 25, 1993 Page 2 pc: Neva H. Smith, Executive Director, City of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Ms. Nellie R. B]ankenship, 828 Connecticut Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. John Martin, 822 Connecticut Avenue, N. E., Roanoke, Virginia 24012 Blue Ridge Transfer Company, Inc., P. O. Box 13447, Roanoke, Virginia 24023 Mr. John R. Newbill, 3024 Maywood Road, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Scott Bauman, 5585 S. Roselawn Road, S. W., Roanoke, Virginia 24018 Mr. Robert R. Young, Route 4, Box 9, Roanoke, Virginia 24018 Brabham Petroleum Company, P. O. Box 218, Vinton, Virginia 24179 Mr. Allen B. Fine, P. O. Box 13326, Richmond, Virginia 23225 Mr. Robert L. Offutt, 405 Pomona Drive, Greensboro, North Carolina 27407 Mr. Frederick Murray, 113 Preston Avenue, N. E., Roanoke, Virginia 240]2 Mr. and Mrs. Frederick Murray, c/o Mr. Charles R. Aesy, 4027 Sunnydale Court, Troutville, Virginia 24175 Ms. Goldie M. Lawson, 1518 Riverside Terrace, S. W., Roanoke, Virginia 24014 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director of Rea] Estate Valuation William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities and Operations Charles Mo Huffine, City Engineer Ronald H. Miller, Building Commissioner John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator Doris K. Layne, Real Estate Appraiser Aide IN THE COUNCIL OF THE CITY OF ROANOKE, The 23rd day of August, 1993. No2 31619-082393. VIRGINIA, AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 304, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on August 9, 1993, after due and timely notice thereof as required by S36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, Roanoke amended, Roanoke, BE IT ORDAINED by the Council of the City of that §36.1-3, Code of the City of Roanoke (1979), as and Sheet No. 304 of the Sectional 1976 Zone Map, City of be amended in the following particular and no other: A tract of land containing 9.751 acres lying west and southwest of Connecticut Avenue, off of Hollins Road, N.E., and designated on Sheet No. Roanoke, from HM, Heavy Manufacturing District, District, as more fully set forth in Office of the 304 of the Sectional 1976 Zone Map, City of as Official Tax No. 3041207, be, and is hereby rezoned to LM, Light Manufacturing the Petition, filed in the of the City Clerk on June 16, 1993, and that Sheet No. 333 Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke City Planning Commission August 9, 1993 The Honorable David A. Bowers, and Members of City Council Roanoke, Virginia Mayor Dear Members of Council: Subject: Request from City of Roanoke Redevelopment and Housing Authority, that a 9.751 acre tract, more or less, located on Hollins Road, N.E., bearing Official Tax No. 3041207, be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District. I. BackGround: Purpose of the rezoning request is to place the subject property into a zoning district classification that would encourage more industrial development within the existing Deanwood Business Park. Petition to rezone was filed on June 16, 1993. proffers were offered by the petitioner. No Planning Commission public hearing was held on Wednesday, July 7, 1993. Mr. Douglas Chittum, Economic Development Specialist for the City of Roanoke, appeared before the Commission on behalf of the Housing Authority. He informed the Commission that the City was providing the sales and marketing function for the Housing Authority and stated that the use demands they had experienced was for those listed in the LM district versus those provided for under the current HM zoning of the property. Mr. Chittum then stated that the intent of the rezoning was to make the land area more marketable and they propose to divide the site into smaller tracts. Mrs. Coles inquired as to any response from the adjoining property owners regarding this request. Mrs. Dorsey responded by stating that the only inquiry she had received was from the single family residence Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2344 II. owner, who wanted to sell her land as part of the rezonlng. Mrs. Dorsey gave the staff report and stated that the Planning staff recommended approval of the requested rezoning finding that it was a logical extension of the adjoining LM district and the request is in keeping with the Deanwood Redevelopment Plan and Comprehensive Plan for that area. No one from the audience appeared before the Commission to speak in favor or in opposition to the request. .Issues: Ce Zoning of the subject property is HM, Heavy Manufacturing District. The zoning pattern in the area is as follows: to the north, west and south is HM, Heavy Manufacturing District and to the east is LM, Light Manufacturing District. Land use of the subject property is currently vacant, undeveloped. Surrounding land uses in the area are as follows: to the north is Martin Transport, a tractor trailer depot and storage/distribution center and a single family residence; to the south and west is vacant, undeveloped land; and to the east is a convenience store, a private club and grill and an exterminating company. Utilities are available and of adequate capacity to serve future development on the site(s); storm drainage and other engineering design concerns would be addressed and resolved during comprehensive site development plan review and approval process. Access to the property is from the adjoining public streets, Connecticut Avenue and Hollins Road. The City Traffic Engineer has stated that no significant difference in trip generation is anticipated in the change from heavy industrial to light industrial zoning and the respective land uses. Deanwood Redevelopment Plan identifies light industrial uses as the most appropriate land use for this area. Comprehensive Plan recommends that: Encourage new industrial development on appropriate sites. Complete access and infrastructure improvements for potential employment sites. III. Alternatives: A. City Council aDDrovm the rezoning request. Zoning of the subject property would become LM, Light Manufacturing District, consistent with the recommendations of the Deanwood Industrial Redevelopment Plan and the City comprehensive plan. Land use would be vacant, undeveloped site(s) available for a variety of potential light industrial development uses. Utilities are available and of adequate capacity to serve future development on the site(s). All engineering and drainage concerns would be addressed during the comprehensive site development plan review process. Access to and from the site(s) can be safely provided by the adjoining public streets, Hollins Road and Connecticut Avenue. No traffic impacts are anticipated from the potential development of the site(s). Industria~l land would be available for development in response to current economic/employment use demands. 6. Comprehensive Plan issues as set forth would be followed. B. City Council deny the rezoning request. Zoning of the subject property would remain HM, Heavy Manufacturing District and the potential development of the site(s) would be limited to only those more restrictive and intensive uses permitted in the HM District. Land use would continue to be vacant, undeveloped land until the site(s) come into demand by heavy industrial developers. 3. Utilitie~s would be unaffected. 4. Access to the site(s) would not be an issue. Industrial land would remain unchanged; potential development would be limited to more intensive industrial uses of which in this community, there has been mini__mal demand. Se Comprehensive Plan issues as set forth could be followed at a later date. IV. Recommendation: The Planning Commission, by a vote of 7-0, recommended approval of the requested rezoning finding that rezoning request would be a logical extension of the light manufacturing district to the east of the subject property and would provide for more land use development possibilities for future infill development within the existing industrial park. Furthermore, the rezoning is in keeping with the recommendations of the comprehensive plan and the Deanwood Redevelopment Plan for that area. EDD:mpf attachments cc: Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission Assistant City Attorney Director of Public Works City Engineer Building Commissioner Zoning Administrator Economic Development Specialist Petitioner 4 MARY F. PAlm City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., ROom 456 Roanoke, Vita_ nj,, 24011 Telephone: (703) 9~1-2541 June 18, 1993 D~puty City Clerk #51 Mr. Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mt`. Price: lhtrsuant to Section 36.1-690(o) of the Code of the City of Roanoke (1979), as amended, I mn enclosing copy of a petition fr~m Neva J. Smith, Executive Director, Roanoke Redevelopment and Housing Authority, requesting that a tract of IAnd located at the intersection of Connecticut Avenue and Holllns Road, N. E., containing 9.751 acids, more or less, identified as Official Tax No. 3041207, be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District. Sincerely, Mary F. Pat`ket`, CMC/AAE City Clerk MFP: sm Enc. pc: The Honorable Mayo~- and Membere of the Roanoke City Council Ma. Neva H. Smith, Executive Direetot`, City of Roanoke Redevelopment and Hous~ Authot`ity, 269.4 Salem Turnpike, N. W., Roanoke, Virginia John R. MasHes, A~ent, City planning Commission Mt'. Ronald H. Millet`, Building Commissionet`/Zoning Administratot` Ms. Evelyn D. Doraey, Acting Assistant Zoning Adminiatratot` Mr. Steven J. Talevi, Assistant City Attorney VIRGINIA: IN RE: IN THE COUNCIL OF THE CITY O~ROXN~d~i VIRGINIA Rezoning of a tract of land lying W/SW of Connecticut Avenue, off of HoIlins Road, NE. Official Tax Map No. 3041207, from HM to LM. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Roanoke Redevelopment and Housing Authority, owns land in the. City of Roanoke containing 9.751 acres, more or less, located on Hollins Road, Official City Tax No. 3041207. Said tract is currently zoned Heavy Manufacturing District. A map of the property to be rezoned is . attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from Heavy Manufacturing District to Light Manufacturing District, for the purpose of developing the property in compliance with the Deanwood Redevelopment TI~ Petition~ believes the rezoning of the said tract of land will furth~ ~M~ inmat and purposes of the City's Zoning Ordinance and its compr~mlaiv~ plan, in that it will encourage industrial development on appropriate sites and complete public access and infrastructure improvements. Attached as Exhibit B are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to immediately 2 across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Attached as Exhibit C is a concept plan showing how the property is to be developed. Respectfully submitted this 16th day of June, 1993. Respectfully submitted, ~ xecutive Director RRHA P.O. Box 6359 Roanoke, VA 24017 703/983-9241 Executive Director RRHA P.O. BOX 6359 Ro~noim~. VA 24017'. EXHIBIT B Nellie R. Blankenship 828 Connecticut Ave., NE Roanoke, VA 24012 $ohn W. & Betty $. Martin 828 Connecticut Ave., NE Roanoke, VA 24012 Blue Ridge Transfer Co., Inc. P.O. Box 13447 Roanoke, VA 24023 $ohn R. Newbill 3024 Maywood Rd., SW Roanoke, VA 24014 Scott W. & Kathy H. Bauman 5585 S. Roselawn Roanoke, VA 24018 Robert R. Young Rt. 4, Box 9 Roanoke, VA 24018 Brabham Petroleum Co. P.O. Box 218 Vinton, VA 24179 Allen B. F'me- . P.O. Box 13326 Richmond~ VA. 23225 Robert L. Offutt 405 Pomona Dr. Greensboro, NC 27407 Fredrick Murray 113 Preston Ave., NE Roanoke, VA 24012 TAX No. 3040917 3040918 3040901 3040412 3040413 3040414 3040415 3040416 3040801 3041501 3042~1 3042002 3042~7 3042101 3061313 Exhibit B Page 2 Diane & Fredrick C. Murray c/o Charles R. Aesy 4027 Sunnydale Court Troutville, VA 24175 Goldie Mae Lawson 1618 Riverside Terrace, SE Roanoke, VA 24014 3061301 3061113 3061101 I=OGAHOMTA~ AVI"' ~ ~o' A/~f L B AC '~ COI~INE CTIC UT AD NUMBER - 72127171 PUBLISHER'S FEE - $104o00 CITY OF ROANOKE REDEVELOPMENT & HOUSING 2624 SALEM TURNPIKE NW ROANOKE VA 24017 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 07/23/93 MORNING 07/30/93 MORNING WITNESS, THIS1ST DAY OF AUGUST /. 1993 AUTHORIZED SIGNATURE NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, August 9, 1993, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, the following property: A tract of land containing 9.751 acres lying west and southwest of Connecticut Avenue, off of Hollins Road, N.E., bearing Official Tax No. 3041207, such rezoning to be subject to certain proffered conditions. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 21st day of July , 1993. Mary F. Parker, City Clerk. Publish twice in the Roanoke Times & World-News, once on Friday, July 23, 1993, and once on Friday, July 30, 1993. Send affidavit to: Mary F. Parker, City Clerk Rm. 456, Municipal Building, S. W. Roanoke, Virginia 24011-1536 Send bill to: Neva H. Smith, Executive Director City of Roanoke Redevelopment & Housing Authority 2624 Salem Turnpike, N. W. Roanoke, Virginia 24017 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 30, 1993 File//51 Neva H. Smith, Executive Director City of Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N. W. Roanoke, Virginia 24017 Dear Ms. Smith: I am enclosing copy of an ordinance rezoning a tract of land lying west and southwest of Connecticut Avenue, off of Hollins Road, N. E., containing 9.751 acres, more or less, identified as Official Tax No. 3041207, from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner, which ordinance will be considered by the Council of the City of Roanoke at a public hearing to be held on Monday, August 9, 1993, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber. Please review the measure and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 981-2431. Sincerely, City Clerk MFP: sm Enc. pc: Ronald H. Miller, Building Commissioner/ordinance John R. Marlles, Chief, Community Planning/ordinance Evelyn D. Dorsey, Acting Zoning Administrator/ordinance MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 22, 1993 File #51 Neva H. Smith, Executive Director City of Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N. W. Roanoke, Virginia 24017 Dear Ms. Smith: Pursuant to Resolution No. 25523 adopted by the Council of the city of Roanoke at a regular meeting held on Monday, April 6, 1981, a public healing will be held on Monday, August 9, 1993, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on the request of the City of Roanoke Redevelopment and Housing Authority that a t~act of land lying west and southwest of Connecticut Avenue, off of Hollins Road, N. E., containing 9.751 acres, more or less, identified as Official Tax No. 3041207, be rezoned from HM, Heavy Manufacturing Distlict, to LM, Light Manufacturing District, subject to certain conditions preffered by the petitioner. For your information, I am enclosing copy of a notice of the public hearing and a report of the City Planning Commission with regard to the request for rezontng. Please review the notice and if you have questions, you may contact Steven Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the Planning Commission report should be directed to John R. Marlies, Chief of Community Planning, at 981-2344. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Aug Eric. Neva H. Smith, Executive Director July 22, 1993 Page 2 pc: Ms. Nellie R. Blankenship, 828 Connecticut Avenue, N.E. Roanoke, Virginia 24012 ' Mr. and Mrs. John Martin, 822 Connecticut Avenue, N. E. Roanoke, Virginia 24012 ' Blue Ridge Transfer Company, Inc., P. O. Box 13447, Roanoke, Virginia 24023 Mr. John R. Newbill, 3024 Maywood Road, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Scott Bauman, 5585 S. Roselawn Road, S. W., Roanoke, Virginia 24018 Mr. Robert R. Young, Route 4, Box 9, Roanoke, Virginia 24018 Brabham Petroleum Company, P. O. Box 218, Vinton, Virginia 24179 Mr. Allen B. Fine, P. O. Box 13326, Richmond, Virginia 23225 Mr. Robert L. Offutt, 405 Pomona Drive, Greensboro, North Carolina 27407 Mr. Frederick Murray, 113 Preston Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Frederick Murray, c/o Mr. Charles R. Aesy, 4027 Sunnydale Court, Troutvilie, Virginia 24175 Ms. Goldie M. Lawson, 1518 Riverside Terrace, S.W. Roanoke, Virginia 24014 ' TO TNE CZT THE CIT ROANOKE, PERTAINING TO THE REZONING REQUEST OF: '93 JUN 29 Request from City of Roanoke Redevelopment and Housing Authority, that a 9.751 acre tract, more or less, located on Hollins Road, N.E., bearing Official Tax No. 3041207, be rezoned from HM, Heavy Manufacturing District to LM, Light Manufacturing District. ' COMMONWEALTH OF VIRGINIA) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 28th day of June, 1993, notices of a public hearing to be held on the 7th day of July, 1993, on the rezoning closure captioned above to the owner or agent of the parcels Parcel 3040917 3040918 3040901 listed below at their Owner, Aqent or Occupant Nellie R. Blankenship John and Betty Martin 3040412 3040413 3040414 3040415 3040416 Blue Ridge Transfer Co., Inc. last known address: Address 828 Connecticut Avenue Roanoke, VA 24012 822 Connecticut Avenue Roanoke, VA 24012 P. O.Box 13447 Roanoke, VA 24023 3040801 3041501 3042001 3042002 3042007 3042101 3061313 3061301 3061113 John R. Newbill Scott and Kathy Bauman Robert R. Young Brabham Petroleum Co. Allen B. Fine Robert L. Offutt Fredrick Murray Diane and Fredrick Murray c/o Charles R.Aesy 3024 Maywood Road, SW Roanoke, VA 24014 5585 S. Roselawn Roanoke, VA 24018 Route 4, Box 9 Roanoke, VA 24018 P. O. Box 218 Vinton, VA 24179 P. O.Box 13326 Richmond, VA 23225 405 Pomona Drive Greensboro, 27407 NC 113 Preston Avenue, NE Roanoke, VA 24012 4027 Sunnydale Court Troutville, VA 24175 3061101 Goldie Mae Lawson 1618 Terrace Roanoke, VA ~ar~ha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, his 28th day of June, 1993. t _ My Commission Expires: Not~rl? Pub~ic~ y~ Riverside 24014 NOTICE OF PUBLIC HEARING COMMISSION TO WHOM IT MAY CONCERN: BEFORE '~1~1~ C~,6ANOKE ' CITY PLANNING '93 JIJ~l 22 The Roanoke City Planning Commission will hold a public hearing on Wednesday, July 7, 1993, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W.,in order to consider the following: Request from City of Roanoke Redevelopment and Housing Authority, that a 9.751 acre tract, more or less, located on Hollins Road, N.E., bearing Official Tax No. 3041207, be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District. A copy of said application is available for review in the Office of Community Planning, Room 162, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. John R. Marlles, Agent Roanoke City Planning Commission Please run in newspaper on Tuesday, June 22, 1993 and Tuesday, June 29, 1993. Please bill: City of Roanoke Redevelopment and Housing Auhority P. O. Box 6359 Roanoke, VA 24017 Please send affidavit of publication to: Office of Community Planning Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 brAdY F. PA~:~ City Cl~rk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 21~ Church Avenue, S.W.. Room ~6 Roanoke, Virginia 24011 Tdephone: (?0~) 981-2~41 Deputy City Clerk June 18, 1993 File #51 Mr. Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to Section 36.1-690(o) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Neva J. Smith, Executive Director, Roanoke Redevelopment and Housing Authority, requesting that a tract of land located at the intersection of Connecticut Avenue and Hollins Road, N. E., containing 9.751 ac~es, mo~e or less, identified as Official Tax No. 3041207, he rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District. Mary F. Parker, CMC/AAE City Clerk MFP: sm r/rrha Enc. pc: The Honorable Mayor and Members of the Roanoke City Council Ms. Neva H. Smith, Executive Director, City of Roanoke Redevelopment and Housing Authority, 269.4 Salem Turnpike, N. W., Roanoke, Virginia 24017 Mr. John R. Marries, Agent, City PlaDnin~ Commission Mr. Ron~ld H. Miller, Building Commt~aionor/Zontn~ Administrator Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator Mr. Steven J. Talevi, Asaismnt City Attorney M~RY F. PA~KF~ City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 25, 1993 File #5-51-277 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31620-082393 amending Section 36.1-270, Permitted uses, by the addition of a new subsection (9), of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to permit public police facilities within the HM, Heavy Manufacturing District, zone. Ordinance No. 31620- 082393 was adopted by the Council of the City of Roanoke on first reading on Monday, August 9, 1993, also adopted by the Council on second reading on Monday, August 23, 1993, and will take effect ten days following the date of its second reading. Sincerely, fO~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: The Honorable Kenneth E. Trabue, Chief Judge, Circuit Court The Honorable G. O. Clemens, Judge, Circuit Court The Honorable Roy B. Willett, Judge, Circuit Court The Honorable Clifford R. Weckstein, Judge, Circuit Court The Honorable Diane M. St~ickland, Judge, Circuit Court The Honorable Joseph M. Clarke, II, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trempeter, Judge, Juvenile and Domestic Relations District Court W. Robert Herbert, City Manager August 2§, 1993 Page 2 The Honorable John B. Ferguson, Judge, Juvenile and Domestic Relations District Court The Honorable Edward S. Kidd, Jr., Chief Judge, General District Court The Honorable Julian H. Raney, Jr., Judge, General District Court The Honorable Richard C. Pattisal, Judge, General District Court The Honorable Donald S. Caldwell, Commonwealth's Attorney The Honorable Arthur B. Crush, III, Clerk, Circuit Court Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Ronaid Albright, Clerk, General District Court Bobby D. Casey, Office of the Magistrate Clayne M. Calhoun, Law Librarian James D. Grisso, Acting Director of Finance Wilburn C. Dibling, Jr., City Attorney George C. Snead, Jr., Director, PubLic Safety M. David Hooper, Police Chief WilLiam F. Clark, Director, Public Works Ronald H. Miller, Building Commissioner Charles M. Huffine, City Engineer Charles A. Price, Jr., Chairperson, City Planning Commission John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator Dolores C. Daniels, Assistant to the City Manager for Community Relations Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Robert L. Laslie, Vice President - Supplements, Municipal Code Corporation, P. O. Box 2235, Taliahassee, Florida 32304 Franklin D. Kimbrough, III, Executive Director, Downtown Roanoke, Inc., 310 First Street, S. W., Roanoke, Virginia 24011 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of August, 1993. No. 31620-082393. AN ORDINANCE amending S36.1-270, Permitted uses, by the addition of new subsection (9), of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to permit public police facilities within the HM, Heavy Manufacturing District, zone. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-270, Permitted uses, of Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended, be, and is hereby, amended and reordained to read and provide as follows: Sec. 36.1-270. Permitted uses. The following uses may be permitted as principal uses in the HM district: (9) public police facilities. ATTEST: City Clerk. Roanoke City Planning Commission AUgust 9, 1993 The Honorable David A. Bowers, Mayor and Members of city Council Roanoke, virginia Dear Members of Council: Subject: Request from City of Roanoke, represented by W. Robert Herbert, city Manager, that Section 36.1-270, Zoning, be amended by the addition of a subsection reading, "(9) Police facilities." I. Background: Proposal to establish a police mounted patrol function was approved by City Council at their May 4, 1993, budget study session. Property under consideration for proposed stable and office for mounted police unit, located on Cleveland Avenue, S.W. (Official Tax No. 1320805) is in an HM, Heavy Manufacturing District. Surrounding property is zoned a combination of HM and LM, Light Manufacturing District. HM, Heavy Manufacturing District, does not currently provide for "police facilities" as a permitted use. "Police stations", a related use category, are currently permitted outright in the LM, C-3, C-2, C-2, CN, RS-3, RS-2, and RS-1 zoning districts. Subject property (official Tax No. 1320805) contains an existing stable which has been used by the property owner for a number of years for the keeping of his own horses. If the request is approved, the existing stable would require some renovation to accommodate the mounted patrol unit. II. Current Situation: Selection process to staff the new mounted patrol unit is currently being conducted by the Roanoke city Police Room 162 Municipal Building 215 Church Avenue, SiTM Roanoke, Virginia 24011 (703) 981-2344 Department. Two police officers will be assigned to the new unit. Horses for the new unit are also in the process of being secured. It is anticipated that accommodations for the horses will be needed by August 15, 1993. Planning Commission public hearing was held on July 7, 1993. Mr. George Snead, Director of Public Safety, appeared before the Commission to summarize the need for the requested amendment. Mr. Snead noted that police stations or police facilities are currently not provided for as a permitted use in the HM District. In response to a question from Mr. Bradshaw, Mr. Dibling noted that he had recommended the term police facilities as opposed to police station because he felt it more accurately described the proposed use. Several Commission members noted the importance of protecting the city's industrially zoned land. In response to a question by Mr. Jones, Mr. Bradshaw agreed to amend his motion to include the word "public" to "police facilities." There were no comments from the public. III. Recommendation: The Planning Commission, by a vote of 7-0, recommended approval of the proposed zoning ordinance text amendment providing for "public police facilities" as a permitted use in an HM, Heavy Manufacturing District. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke city Planning Commission JRM:mpf attachments cc: Assistant City Attorney Director of Public Works Director of Public Safety Police chief City Engineer Building Commissioner Zoning Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Amendment to Section 36.1-270 of the Code of the City of Roanoke (1979), as amended, to permit police facilities in an HM, Heavy Manufacturing District, zone PETITION TO AMEND ZONING ORDINANCE TO THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL: COMES now, the City of Roanoke, by its City Manager, and files this Petition to Amend the Zoning Ordinance, and for its grounds, states as follows: 1. Section 36.1-270 of the Code of the City of Roanokel (1979), as amended (the "City Code"), sets forth the permitted uses in an HM, Heavy Manufacturing District, zone. 2. The permitted uses identified in Section 36.1-270 of the City Code do not include "police facilities." 3. In order to further the health, safety and welfare of the general public, a need exists for police facilities to be located in an HM, Heavy Manufacturing District, zone. WHEREFORE, the City of Roanoke, by its City Manager, requestsi that the following subsection be added to Section 36.1-270 of the City Code: (9) police facilities. Respectfully submitted, CITY OF ROANOKE, VIRGINIA W. Robert Herbert, City Manager MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAK1N Deputy City Clerk July 30, 1993 File #51 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Pursuant to motion adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 28, 1993, a public hearing will be held on Monday, August 9, 1993, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., in order to consider an amendment to Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, to permit public police facilities as principal uses in the HM District. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and a report of the City Planning Commission with regard to the matter. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the Planning Commission report should be directed to John R. Marlles, Chief of Community Planning, at 981-2344. Sincerely, Mary F. 'Parker, CMC/AAE City Clerk MFP: sm Aug gnc. pc: John R. Marlles, Chief, Community Planning/ordinance Evelyn D. Dorsey, Acting Zoning Administrator/ordinance Ronald H. Miller, Building Commissioner/ordinance Steven J. Talevi, Assistant City Attorney AD NUMBER - PUBLISHER'S ROANOKE TIMES ~ W~RLg-h~E~S [;]T'f ' 72201014 FEE CITY OF ROANOKE C/O MARY F PARKER CITY CLERKS OFFICE ROOM ~56 MUNICIPAL BLDG ROANOKE VA 24011 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, 00 CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 07/23/93 MORNING 07/30/93 MORNING WITNESS, THIS 1ST DAY OF AUGUST 1993 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of S15.1-431, Code of Virginia (1950), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, August 9, 1993, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., in order to consider an amendment to Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended. The proposed amendment would amend Section 36.1-270, Permitted uses, of Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1950), as amended, to include police facilities as a permitted use in an HM, Heavy Manufacturing District, zone. A copy of said proposed amendment is available for review in the Office of the City Clerk, Room 456, Municipal Building. Questions about the content of the proposed amendment should be directed to the Office of Community Planning, 981-2344. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 215t day of ~u]¥ , 1993. Mary F. Parker, City Clerk. Publish twice in the Roanoke Times & World-News, once on Friday, July 23, 1993, and once on Friday, July 30, 1993. Send affidavit and bill to: Mary F. Parker, City Clerk Rm. 456, Municipal Building, S. W. Roanoke, Virginia 24011-1536 Roanoke City Planning Commission August 9, 1993 The Honorable David A. Bowers, Mayor and Members of city Council Roanoke, Virginia Dear Members of Council: Subject: Request from City of Roanoke, represented by W. Robert Herbert, city Manager, that Section 36.1-270, Zoning, be amended by the addition of a subsection reading, "(9) Police facilities." Back~round: A. Proposal to establish a police mounted patrol function was approved by City Council at their May 4, 1993, budget study session. B. Property under consideration for proposed stable and office for mounted-police unit, located on Cleveland Avenue, S.W. (official Tax No. 1320805) is in an HM, Heavy Manufacturing District. Surrounding property is zoned a combination of HM and LM, Light Manufacturing District. HM, Heavy Manufacturing District, does not currently provide for "police facilities" as a permitted use. "Police stations", a related use category, are currently permitted outright in the LM, C-3, C-2, C-2, CN, RS-3, RS-2, and RS-1 zoning districts. Subject property (official Tax No. 1320805) contains an existing stable which has been used by the property owner for a number of years for the keeping of his own horses. If the request is approved, the existing stable would require some renovation to accommodate the mounted patrol unit. II. Current Situation: A. Selection process to staff the new mounted patrol unit is currently being conducted by the Roanoke city Police Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2344 Department. Two police officers will be assighed to the new unit. Horses for the new unit are also in the process of being secured. It is anticipated that accommodations for the horses will be needed by August 15, 1993. Planning Commission public hearing was held on July 7, 1993. Mr. George Snead, Director of Public Safety, appeared before the Commission to summarize the need for the requested amendment. Mr. Snead noted that police stations or police facilities are currently not provided for as a permitted use in the HM District. In response to a question from Mr. Bradshaw, Mr. Dibling noted that he had recommended the term police facilities as opposed to police station because he felt it more accurately described the proposed use. Several Commission members noted the importance of protecting the city's industrially zoned land. In response to a question by Mr. Jones, Mr. Bradshaw agreed to amend his motion to include the word "public" to "police facilities." There were no comments from the public. III. Recommendation: The Planning Commission, by a vote of 7-0, recommended aDoroval of the proposed zoning ordinance text amendment providing for "public police facilities" as a permitted use in an HM, Heavy Manufacturing District. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke city Planning commission JRM:mpf attachments cc: Assistant city Attorney Director of Public Works Director of Public Safety Police Chief City Engineer Building Commissioner Zoning Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: ) Amendment to Section 36.1-270 of ) the Code of the City of Roanoke ) ~ (1979), as amended, to permit ) ~ police facilities in an HM, Heavy ) Manufacturing District, zone ) PETITION TO AMEND ZONING ORDINANCE TO THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL: COMES now, the City of Roanoke, by its City Manager, and files this Petition to Amend the Zoning Ordinance, and for its grounds, states as follows: 1. Section 36.1-270 of the code of the City of Roanoke (1979), as amended (the "City Code"), sets forth the per~ltted uses in an HM, Heavy Manufacturing District, zone. 2. The permitted uses identified in Section 36.1-270 of thel City Code do not include "police facilities." 3. In order to further the health, safety and welfare of the general public, a need exists for police facilities to be located in an HM, Heavy Manufacturing District, zone. WHEREFORE, the City Of Roanoke, by its City Manager, requestsi that the following subsection be added to Section 36.1-270 of City Code: (9) 9olice facilities. Respectfully submitted, CITY OF ROANOKE, VIRGINIA W. Robert Herbert, City Manage~ MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 30, 1993 File #51 Mr. Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from W. Robert Herbert, City Manager, representing the City of Roanoke, requesting an amendment to Section 36.1-270, of the Code of the City of Roanoke (1979), as amended, to permit police facilities in an HM, Heavy Manufacturing District. Sincerely, ~t~x.J~-~ Mary F. Parker, CMC/AA.E City Clerk MFP: sm Ene. pc: The Honorable Mayor and Members of the Roanoke City Council Mr. W. Robert Herbert, City Manager Mr. John R. Marlles, Agent, City Planning Commission Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney NOTICE OF PUBLIC HEARING COMMISSION TO WHOM IT MAY CONCERN: BEFORE ~'~I~E(~ANOKE CITY PLANNING '93 JIJN 22 A10:41 The Roanoke City Planning Commission will hold a public hearing on Wednesday, July 7, 1993, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W.,in order to consider the following: Request from City of Roanoke, represented by W. Robert Herbert, City Manager, that Section 36.1-270, Zoning, be amended by the addition of a subsection reading, "(9) Police stations." A copy of said application is available for review in the Office of Community Planning, Room 162, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. John R. Marlles, Agent Roanoke City Planning Commission Please run in newspaper on Tuesday, June 22, 1993 and Tuesday, June 29, 1993. Please bill and send affidavit of publication to: Office of Community Planning Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011