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HomeMy WebLinkAboutCouncil Actions 11-01-93BOWl FS 31758 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL November 1, 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 Charles S. Hoffier, Pastor, Waverly Place Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. The Oath of Office was administered to John S. Edwards, Council Member-Elect, by the Honorable Roy B. Willett, Judge of the Circuit Court of the Twenty-Third Judicial Circuit of Virginia, for a temm commencing November 1, 1993, and expiring June 30, 1994. BID OPENINGS Ao Bids for the purchase of a minimum of 200 and a maximum of 250 parking permits in the Tower Parking Garage located on Salem Avenue, S. W., for a five year period commencing December 15, 1993. One bid was referred to a committee composed of W'flliam White, Sr., Kit B. Kiser and George C. Snead, Jr., for study, report and recommendation to Council. CONSENT AGENDA C-1 (APPROVED 6-0) ALL MATFERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED 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. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. 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. 2 C-2 Qualification of Russell O. Hannabass as a Director of the Industrial Development Authority of the City of Roanoke, for a term of four years, commencing October 21, 1993, and expiring October 20, 1997. RECOMMENDED ACTION: Receive and file. REGULAR AGENDA 3. I-1F. ARING OF CITITIh'NS UI~N PUBLIC MA~: None. 4. PETmONS AND COMMUNICATIONS: None. 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: A report recommending execution of Amendment No. 1 to the Community Development Block Grant contract with the Roanoke City Health Department for the Resource Mothers Program. Adopted Resolution No. 31758-110193. (6-0) A report recommending acceptance of the bid submitted by Browning-Ferris Industries, to provide bulk container collection service at a cost of $21.34 per unit, per pick-up, for a period of three years, as well as rental of approximately eight bulk collection units per year for the contract period, at a cost of $35.34 per unit. 3 6. REPORTS OF COMMITTEES: A report of the Water Resources Committee recommending that the City Manager be authorized to execute an agreement providing Appalachian Power Company with a public utility easement on Aerial Way Drive, S. W., which easement is needed in connection with the Peters Creek Road extension project. Council Member Elizabeth T. Bowles, Chairperson. Adopted Ordinance No. 31759 on first reading. (6-0) A report of the Water Resources Committee recommending that Council authorize a revocable license for installation of a canopy over the entrance to a structure located at 25 Church Avenue, S. W. Council Member Elizabeth T. Bowles, Chairperson. Adopted Ordinance No. 31760 on first reading. (6-0) 7. UNFINISHED BUSINESS: None. gqlRi21XETi(~ AND ~TION OF 12RIIqAb[~ AND RESOLUTIONS: ao Ordinance No. 31745, on second reading, amending Section 36.1-361, Floodplain management regulations; definitions; subsections (1) and (2) of Section 36.1-362, Establishment of floodplain areas: subsections (b) and (c) of Section 36.1-363, Application: and subsection (f) of Section 36.1-364, Floodplain development regulations; and adding subsection (6) of Section 36.1-370, Procedure for variances and special exception uses in floodways, of Subdivision E, Floodplain Zoning Regulations, of Chapter 36.1, 4 Zoning, of the Code of the City of Roanoke (1979), as amended, such amendments to clarify, and make consistent with Federal Insurance Administration and Federal Emergency Management Agency regulations, certain sections of the Floodplain Zoning Regulations. Adopted Ordinance No. 31745-110193. (6-0) 9. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor and Members of City Council. Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTHER HEARINGS OF CITIZENS: In connection with the Second Street Bridge project, Richard C. Maxwell, Vice-Chairperson of the Roanoke Arts Commission, called attention to the opportunity to connect the Virginia Museum of Transportation to downtown Roanoke, and advised of the interest of the Roanoke Arts Commission in playing an active role in the creation of a mil/art park or art walk that would be similar to the San Antonio River Walk. Kay Houck, Executive Director, Virginia Museum of Transportation, encouraged Council to support further study of the pedestrian bridge and the Second Street Bridge to include a mil/art park which could provide a unique marriage of the arts and transportation. John J. Roberts, Director of Development of the Art Museum of Western Virginia, concurred in the remarks of Mr. Maxwell and expressed support of the Art Museum of Western Virginia. CERTIFICATION OF EXECUTIVE SESSION. (6-0) 5 Appointed Council Member James G. Harvey, II, to the Water Resources Committee Appointed Council Member John S. Edwards to the following: Economic Development Commission Fifth Planning District Commission Audit CommiRee Budget and Planning Commillee Legislative Affairs Committee Personnel Committee GRTC, Board of Directors Housing Strategy Task Force NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. Reasonable efforts will be made to provide adapt_ations or accommodations, based on individual needs, for qualified individuals with disab'difies in any program or service offered by the City Clerk's Office, provided that reasonable advanced notification has been received. 6 REMARKS OF JOHN S. EDWARDS NOVEMBER 1, 1993 Mayor Bowers, Members of Council, Judge Willett, gentlemen: I want to thank the Mayor and Members of Council for their vote of confidence and for this unique privilege, opportunity and honor to serve the citizens of the City of Roanoke. When Bev Fitzpatrick resigned to pursue new avenues of service to this community, the City lost a valuable councilman. He deserves our thanks for his years of service to this City. His new role in helping to shape a regional economic plan will be an important new service to our City and region. Serving on Council is meaningful to me and my family in a personal way because almost half a century ago my father served on this Council. His picture as a former Mayor hangs in this very room. When my father returned from the Pacific after World War II, he and other young veterans were energized to make changes and promote progress for this City. In a short time, they built a new library, an airport terminal, a new health center, new schools and additions to old schools. They overhauled the water system and built a sewage treatment plant to replace dumping raw sewage into the Roanoke river. They replaced the old trolley cars, paved over the rails in the streets, and improved the City bus system. And they employed a new City Manager. They also desegregated the public 1 ladies and library and the City police force years before the Supreme Court ordered the public schools to desegregate. That era of progress led to Roanoke becoming an All-America City in 1952. Sinc~ then, Roanoke has achieved that distinction a number of times, but only as a result of a progressive vision. There is much unfinished business on Council's agenda. But more importantly there are ideas and projects not yet envisioned which need to be placed on Council's plate for action. The Hotel Roanoke and Conference Center needs promoting as a regional project. Closer ties with Virginia Tech can lead to a regional vision and the growth of "high tech" industries based on access to a major research and educational institution. Development of the Hotel Roanoke and Conference Center can also help solve the parking problems at the Roanoke Civic Center. With additional parking space, the Roanoke Civic Center can become an even greater asset to the City. We are, as a City and a region, at a cross-roads. Having lost the headquarters of the railroad and seen our largest local bank taken over by an out-of-state bank, we can no longer rely on our traditional industries for economic security. A new vision is needed. This new vision must be regional, and Each of the localities in the region must have an not just local. interest in it. This vision must also build on our existing strengths and resources and not merely be adopted from another place. We have many strengths and resources to tap. We are a major 2 medical center and a strong financial center; we have regional retailing and merchandizing centers; we have a sound professional community of lawyers, doctors, accountants, architects and engineers, and a capable work force with a solid work ethic. We also have good public schools, active civic and cultural organizations, natural scenic beauty and accessible recreational resources. Indeed, Roanoke is one of the most desirable communities in which to live in terms of its scenic beauty and friendly and inviting people. To be successful, this new vision must also be shared among all our citizens, black and white, old and young, rich and poor, labor and business. No vision will succeed unless all our citizens perceive a stake in it. There are times in history when the forces of change demand progress to improve our quality of life. The late 1940's were such a time and much progress was achieved then for our City. Today can also be such a time. Working together with the Mayor and members of Council, with the City Manager and the many talented and dedicated City employees, and with the good citizens of this City, we can make this community an even better place in which to live and take up the task to shape a new vision and achieve the progress our citizens deserve. Thank you for your confidence and for this opportunity and honor. MARy F. PARKER City Clerk, CMC/AAE CITY OF ROANOK OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke Virginia 24011 Te ephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk November 5, 1993 File #303 The Honorable William White, Sr. Chairperson Kit B. Kiser ' ) George C. Snead, Jr. ) Committee ) Gentlemen: The following bid for purchase of a minimum of 200 and a maximum of 250 parking permits in the Tower Parking Garage located on Salem Avenue, S. W., for a five year period, Commencing December 15, 1993, was opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, November 1, 1993: First Union National Bank of Virginia - $23.00 per permit per month for 250 initial number of spaces On motion, duly seconded and adopted, the bid was referred to you for study, report and recommendation to Council. Sincerely, Mary F. Parker, City Clerk CMC/AAE MFP:sm pc: Wilburn C. Dibling, Jr., City Attorney DAVID A, BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011-I594 Telephone: (703) 981-2444 November 1, 1993 The Honorable 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, David A. Bowers Mayor DAB: se 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 November 5, 1993 File #15-110-207 W. Bolling Izard, Chairperson Industrial Development Authority of the City of Roanoke P. O. Box 18165 Roanoke, Virginia 24014 Dear Mr. Izard: This is to advise you that Russell O. Hannabass has qualified as a Director of the Industrial Development Authority of the City of Roanoke, for a term of four years, commencing October 21, 1993, and expiring October 20, 1997. Sincerely, City Clerk CMC / AAE MFP: sm pc: Sandra H. Eakin, Deputy City Clerk 0-2 0 th '~'~'~ f Offl a or A~ffi~m~ion o ce I, Russell 0. Hannahag8 . do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a Director of the Industrial Development Authority of the City of Roanoke, for a term of four years, commencing October 21, 1993, and expiring October 20, 1997. according to the best of my ability. So help me God. ~J , ' v-,r- - ! , Deputy 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 October 15, 1993 File #15-110-207 ~ussell O. Hannabass 2344 Howard Road, S. W. Roanoke, Virginia 24015 Gentlemen: Stanley R. Hale 3442 Kershaw Road, N. W. Roanoke, Virginia 24017 I am enclosing copy of Resolution No. 31741-101193 reappointing you as Directors of the Industrial Development Authority of the City of Roanoke, Virginia, for a term of four years, each, commencing October 21, 1993, and expiring October 20, 1997. Resolution No. 31741-101193 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 11, 1993. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP:sm Eric. pc: W. Bolling Izard, Chairperson, Industrial Development Authority of the City ~ Roanoke, P. O. Box 1816.5, Roanoke, Virginia 24014 y'~andra H. Eakin, Deputy City Clerk IN THE COUNCIL OF THE CITY OF The llth day of October, 1993, No. 31741-101193. ROANOKE, VIRGINIA, A RESOLUTION reappointing two Directors of the Development Authority of the City of Roanoke, to fill year term on its Board of Directors. Industrial a four (4) WHEREAS, this Council is advised that the terms of office of two Directors of the Industrial Development Authority of the City of Roanoke, Virginia, will expire on October 20, 1993; WHEREAS, S15.1-1377 of the Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall, after initial appointment, be made for a term of four (4) years. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Russell O. Hannabass and Stanley R. Hale are hereby reappointed as Directors on the Board of Directors of the Industrial Development Authority of the City of Roanoke, Virginia, for a term of four (4) years commencing on October 21, 1993, and expiring on October 20, 1997, to fill vacancies created by the expiration of the term of office of said members on the Board occurring on October 20, 1993. 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 November 5, 1993 File ##22-72-236-304 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31758-110193 authorizing execution of Amendment No. i to the agreement with the Roanoke City Health Department, for continuation of the Resource Mothers Program until June 30, 1994, and for use of additionai CDBG funds, in the amount of $20,471.00, in accordance with recommendations contained in your report under date of November 1, 1993. Resolution No. 31758-110193 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 1, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Dr. Donald R. Stern, Director, Health Department Glenn D. Radcliffe, Director, Human Development Marion V. Crenshaw, Youth Planner Charles A. Harlow, Acting Grants Monitoring Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, lhe lst da3 of November, 1993. No. 31758-110193. VIRGINIA, A RESOLUTION authorizing the execution of Amendment No. 1 to the agreement with the Roanoke City Health Department to extend the Resource Mothers Program. BE follows: 1. IT RESOLVED by the Council of the City of Roanoke as That the City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, Amendment No. 1 to the agreement with the Roanoke City Health Department, which amendment shall provide for the program to continue until June 30, 1994 and for the use of additional CDBG funds in the amount of $20,471.00, in accordance with the recommendations contained in the City Manager's report to this Council dated November 1, 1993. 2. The form of the amendment shall be approved by the City Attorney. ATTEST: City Clerk. RoafiOke, Virginia November 1, 1993 93 ::28 ,?i:" Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Amendment No. 1 to the Community Development Block Grant (CDBG) Contract with the Roanoke City Health Department for the Resource Mothers Program. Background: ae Office of Youth completed a study of teen preqnancy called "Children Having Children" in 1988, recognizing the need to concentrate more resources on the problem of teen pregnancy and teen parents. Pregnancy among teenaqers is increasin~ at a rate of approximately 10% per year and is occurring at an earlier age. The former Mayor called upon the City to address the problems of teen pregnancy in a State of the City address. The Resource Mothers pro~ram is jointly operated by the Roanoke City Health Department and The Department of Social Services. This program provides prenatal care, education support, parenting training and crisis intervention services to pregnant teens and teen parents. Fe City Council authorized funding for the Resource Mothers program as part of the 1992-1993 CDBG application on May 11, 1992 by Resolution No. 30508-051192. City Council authorized a 12 month agreement with the Roanoke City Health Department for $34,644.00 by resolution No. 31347-0216-93 effective from November 1, 1992 through October 31, 1993. The City of Roanoke has the option to extend the contract and to make amendments to the contract as needed. City Council authorized CDBG FY 93-94 fundin~ in the amount of $25,991 to the Department of Social Services and the Roanoke City Health Department for the Resource Mothers Program on May 10, 1993 by Resolution No. 31445- 051093. Mayor and Members of City Council Page 2 II. Current Situation: III. A. The current contract with the Roanoke City Health Department expired October 31, 1993. B. An amendment to the contract is needed to extend the time period of the contract through June 30, 1994. Ce This amendment will increase the amount of funds budgeted to the Roanoke City Health Department by $20,471. The remaining $5,520 of the FY 93-94 CDBG funds that are targeted for the Resource Mothers Program will be awarded to the Roanoke City Department of Social Services. This amendment will insure that the Resource Mothers Program activities conducted by the Roanoke City Health Department will continue uninterrupted. Issues: A. Cost to the City B. Timing C. Funding Services to Roanoke's low income pregnant teens and teen parents E. Coordination of existing resource~ IV. Alternatives: Authorize City Manager to execute the attached Community Development Block Grant Contract Amendment No. 1 with the Roanoke City Health Department. Cost to the City for this amendment will be $20,471.00. Timing is critical as the current contract expired on October 31, 1993. Funding is available for the Resource Mothers program in account No. 035-093-9338-5222. Services to 40 pregnant teens and teen parents would continue. 5. Coordination between the Roanoke City Health Mayor and Members of City Council Page 3 Ve Department and the Department of Social Services will continue to be enhanced by the joint efforts to share training, referrals, and resources. Be Do not authorize City Manaqer to execute the attached Contract Amendment No. 1. 1. Cost to the City would not be an issue. 2. Timinq would not be an issue. 3. Fundin~ of this project would not continue. Services to 40 preqnant teens or teen parent~ would not continue. Coordination of efforts would not continue to be enhanced. Recommendation: It is recommended that City Council concur in Alternative A and authorize the City Manager to execute the attached Community Development Block Grant Contract Amendment No. 1 with the Roanoke City Health Department. attachment WRH/LSS CC: Respectfully submitted, City Manager Assistant City Manager City Attorney Director of Finance Director of Human Development Acting Grants Monitoring Administrator Director of the Roanoke City Health Department Social Services Superintendent Youth Planner LX:resource.cou A~NO. 1 to The Community Development Block Grant (CDBG) Resource Mothers Program Contract This Amendment, is made and entered into this day of November, 1993, by and between the City of Roanoke, Virginia, a municipal corporation chartered under the laws of the Commonwealth of Virginia (Hereinafter, the "City"), and Roanoke City Health Department. WHEREAS, the City and the Roanoke City Health Department, by an Agreement effective November 1,1992 contracted for the Roanoke City Health Department to provide assistance to teenage mothers of which at least 51% will be from low to moderate income households. The Resource Mothers Program assists teenage mothers with entry into prenatal care; education on nutrition, breast feeding, parenting; and crisis intervention. NOW, THEREFORE, the City and Consultant do mutually agree to amend the Agreement as follows: Objective V: Strateg]~ A of the SCOPE OF SERVICESw revised to read as follows: e Objective V: Increase the abilities of the Resource Mothers to better assist their pregnant teen and teen parent clients. Strategy A: Conduct 8 joint training sessions for Resource Mothers with the Department of Social Services Pregnant Teen/Teen Mother Case Aides by September 1993. TIME OF PE/~FORMANCE, revised to read as follows: The term of this agreement shall be for a 20 month period beginning November 1, 1992, and ending June 30, 1994. 3. BUDGET, revised to read as follows: The total CDBG portion of the budget for the City of Roanoke Health Department Resource Mothers project will be $55,126. Total Revenue for the Resource Mothers Program City of Roanoke Health Department 1992-1993 CDBG Funds 1993-1994 CDBG Funds $ 34,655 $ 20,471 CDBG Subtotal $ 55,126 Virginia Department of Health $ 65,260 Total: $120,386 Amendment No. 2 Page 2 Expenditures: November 1, 1992 to June 30, 1994 CDBG VA HEALTH GRANT Salaries and Fringes 1 Resource Mother Coordinator Fringe Benefits: VRS Ret. FICA Medical Insurance Life Insurance Retiree Med. Insurance Workman's Comp. General liability $25,252 $ 2,267 $ 1,932 $ 1,967 $ 141 $ 101 $ 152 $ 17 $22,384 2,011 1,713 1,720 94 90 145 25 Two Resource Mothers $6.19 per hr. (20 hrs. per week x 50 weeks) Fringe Benefits: FICA Workman's Comp. General liability Supplies $20,633 1,578 242 27 Office $ 413 Educational 0 Travel (local and out of town) $ 404 Services Media services (newspaper ads) $ 0 Printing services 0 Publication subscriptions 0 Convention & education fees 0 Medical Services (physicians fees) 0 $21,253 $ 1,626 $ 349 $ 67 $ 375 $ 471 5,018 $ 220 $ 83 $ 125 $ 833 $ 6,658 $55,126 CDBG $65,260 VHG Amendment No. 2 Page 3 INDE~IFICATION~ to read as follows: The Subgrantee agrees to indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, liability, causes of action, suits of nature, costs, expenses, including reasonable attorney's fees, and other costs of defense, resulting from or arising out of the Subgrantee's intentional or negligent acts or omission in providing services under this Agreement including without limitation, fines and penalties, violation of federal, state or local laws, or regulations promulgated thereunder, personal injury, wrongful death or property damage. 10. RECOI~DS AND I~F~K)RTS: to read as follows: The Subgrantee shall maintain full and accurate records with respect to all matters covered under this Agreement. All records pertaining to this Agreement and the services performed pursuant to it, shall be retained for a period of three (3) years after the expiration date of this Agreement or its amendments. Appropriate City and/or HUD personnel shall have free access to those records during the Agreement duration and the following three-year time period. The Subgrantee shall submit quarterly reports to the Grantee's Office of Grants Compliance. Such reports shall consist of a beneficiaries report and a narrative of accomplishments to date. Reports shall include number of teens enrolled, number of teens who are remaining in school, number of teens who returned to school, number of teens involved with protective services and the birth weight of each child born. Additionally, the report shall include the number of teens who are from low/moderate income households. See attachment B for the guidelines. These reports are due on the fifteenth day of the month following each quarter. Quarterly reports are due as follows: Date due: Time period covered: April 15, 1993 1. November 1, 92 - December 31, 92 2. January 1, 93 - March 31, 93 July 15, 1993 April 1, 93 - June 30, 93 October 15, 1993 July 1, 93 - September 30, 93 January 15, 1994 October 1, 93 December 31, 93 April 15, 1994 January 1, 94 - March 31, 94 July 15, 1993 April 1, 94 - June 30, 94 Amendment No. 2 Page 4 The financial reports of revenues, and expenses are due monthly. 11. CLIENT DATA: to read as follows: The Subgrantee shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to project manager, grantee monitors or their designees for review upon request. Specific names of clients are not required to be submitted on the quarterly reports to the Grantee. This amendment shall be effective November 1, 1993. The Agreement shall remain unchanged in all other terms and provisions. IN WITNESS WHEREOF, the City and the Roanoke Health Department have executed this amendment as of the day and year herinabove written: ATTEST: CITY OF ROANOKE By Mary F. Parker, City Clerk By W. Robert Herbert, City Manager SUBGRANTEE By Witness By Donald R. Stern, MD, MPH District Health Director Roanoke Health Director 515 Eighth Street, S.W. Roanoke, Virginia 24016 APPROVED AS TO CDBG ELIGIBILITY APPROVED AS TO FORM Acting Grants Monitoring Administrator Assistant City Attorney APPROVED AS TO EXECUTION APPROVED AS TO FUNDS AVAILABLE Assistant City Attorney Director of Finance Date Account # Roanoke,, ' i ~ia Novemberb~,~rlg993 '93 27 i? '.31' Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Bids on Bulk Container Collection Service, Bid No. 93-9-28 I. Background September~ 1993 specifications were developed and along with request for quotations were sent to seven (7) vendors currently listed on the City's bid list. A public advertisement was also published in the Roanoke Times and Roanoke Tribune. September 27~ 1993 all bids appropriately received were publicly opened and read at 2:00 p.m. in the Office of the Manager of General Services. II. Current Situation A. Two (2) bids were received. bids is attached. A tabulation of the B. The current contract price is $11.00 per unit. Bid Price increase over prior year is the result of substantial increases in Land Fill Fees. Schedule of container locations and required service is shown on Attachment "A". III. Issues A. License requirement. B. Rental charqes per unit. C. Compliance with specifications. D. Fund availability. Bulk Container Collection Service Bid No. 93-9-28 Page 2 IV. Alternatives Award a contract for a period of Three (3) years to Browning-Ferris, Industries, the lowest responsible bid, at the price of $21.34 per unit for a total of sixty-four (64), more or less, units. License requirements to operate bulk container collection service have been met by Browning- Ferris, Industries. Rental of approximately eight (8) containers per year for various weekend events during the contract period will be provided at a cost of $35.34 per unit. The bid provided by Browning-Ferris, Industries meets all required specifications. Funds are available in FY 93-94 Budget in Solid Waste Management Department account #001-052-4210-2010 to provide for this service. B. Reject all bids 1. License requirement would not be an issue in this alternative. 2. Rental containers would not be used if no collection services is available. Compliance with specifications would not be a factor in this alternative. Fund availability - designated Funds would not be expended under this alternative. Recommendation A. Council concur with Alternative "A" - award a contract to Browning-Ferris, Industries to provide Bulk Container Collection Service to the City at a cost of $21.34 per unit for each time the container is emptied for the period of Three (3) years. Also rental of approximately 8 containers per year for various weekend events during the contract period at a cost of $35.34 per unit. Bulk Container Collection Service Bid No. 93-9-28 Page 3 B. Reject other bid. cc: City Attorney Director of Finance Respectfully Submitted, 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. EAKIN Deputy City Clerk November 5, 1993 File #24-51-237-252 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31745-110193 amending certain sections of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, said amendments to clarify, and make consistent with Federal Insurance Administration and Federal Emergency Management Agency regulations, certain sections of the City's Floodplain Zoning Regulations. Ordinance No. 31745-110193 was adopted by the Council of the City of Roanoke on first reading on Monday, October 25, 1993, aiso adopted by the Council on second reading on Monday, November 1, 1993, and w~ill take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. 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 John B. Ferguson, Judge, Juvenile and Domestic Relations District Court W. Robert Herbert November 5, 1993 Page 2 pc: 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. Pattisai, Judge, General District Court The Honorable Donaid S. Caldwell, Commonwealth's Attorney The Honorable Arthur B. Crush, III, Clerk, Circuit Court 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 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Charles M. Huffine, City Engineer John A. Peters, III, Civil Engineer Ronald H. Miller, Building Commissioner John R. Marlles, Chief, Community Planning Evelyn D. Dorsey, Acting Zoning Administrator Willard N. Claytor, Director of Real Estate Valuation Doris K. Layne, Real Estate Appraiser 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 1st day of November, 1993. No. 31745-110193. AN ORDINANCE amending S36.1-361, Floodplain manaqement requlations~ definitions; subsections (1) and (2) of §36.1-362, Establishment of floodplain areas; subsections (b) and (c) of ~36.1-363, ApDlication; and subsection (f) of ~36.1-364, Floodplain development regulations; and adding subsection (6) of ~36.1-370, Procedure for variances and special exception uses in floodway~, of Subdivision E, Floodplain Zoninq Regulations, of Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended, such amendments to clarify, and make consistent with Federal Insurance Administration and Federal Emergency Management Agency regulations, certain sections of the Floodplain Zoning Regulations. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-361, Floodplain manaqement requlations; definitions; subsections (1) and (2) of ~36.1-362, Establishment of floodplain areas; subsections (b) and (c) of S36.1-363, Applica- tion; and subsection (f) of S36.1-364, Floodplain development requlations; and adding subsection (6) to ~36.1-370, Procedure for variances and special exception uses in floodways, of Subdivision E, Floodplain Zoninq Requlations, of Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended, be, and are hereby, amended and reordained to read and provide as follows: ~36.1-361. Floodplain management regulations; definitions. For the purpose of the regulations prescribed in this division, certain terms and words used herein shall be defined as follows: Base Flood Elevation: The Federal Emergency Management Agency designated 100-year water surface elevation. §36.1-362. Establishment of floodplain areas. For the purpose of the regulations prescribed in this division, there are hereby created various floodplain areas subject to inundation by waters of the 100-year flood. The basis for the delineation of the floodway and the flood-fringe shall be the flood insurance study for the City of Roanoke prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated July 2, 1992, and as amended. A copy of the flood insurance study, city drainage standards and accompanying maps, as amended, shall be filed in the offices of the city clerk and the city engineer. The floodplain areas shall consist of the following: (1) The floodway is delineated, for purposes of these regulations, using the criterion that certain areas within the floodplain must be capable of carrying the waters of the 100-year flood without increasing the water surface elevation of that flood more than one (1) foot at any point. These floodways are specifical- ly defined in Table 2 of the above-referenced flood insurance study and shown on the accom- panying Flood Insurance Rate Map. (2) The flood-fringe shall be that area of the 100-year floodplain not included in the flood- way. The basis for the outermost boundary of the flood-fringe shall be the 100-year flood elevations contained in the flood profiles or Table 2 of the above-referenced flood insur- ance study and as shown on the accompanying Flood Insurance Rate Map. S36.1-363. Application. (b) The boundaries of the floodplain areas previ- ously described are established as shown on the Flood Insurance Rate Map which is declared to be a part of these regulations and which shall be kept on file at the office of the city clerk and/or the city engineer. (c) The delineation of any of the floodplain areas described in section 36.1-362 may be revised by the city 2 council where natural or manmade changes have occurred and/or where more detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administra- tion. ~36.1-364. Floodplain development requlations. (f) In the flood-fringe and approximated floodplain, the development or use of land shall be permitted in accordance with the regulations as set forth herein, provided that all such uses, activities, and/or develop- ment shall be undertaken in strict compliance with the flood-proofing and related provisions contained in the Virginia Uniform Statewide Building Code and all other applicable codes and ordinances. Provided further that the lowest floor of any structure shall be elevated to a minimum of two (2) feet above the base flood, or, when allowed in the Virginia Uniform Statewide Building Code, must be floodproofed to two (2) feet above the base flood. ~36.1-370. Procedure for variances and special ~xception uses in floodways. All applications for variance or a special exception use in any floodway as defined herein, shall include the following: (6) Prior to issuing a variance or a special excep- tion use in floodways, the applicant shall obtain a Conditional Letter of Map Revision (LOMR) from the Federal Emergency Management Agency (FEMA). A condition- al Letter of Map Amendment is FEMA's comment on a proposed project that would affect the hydrologic and/or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway or effective base flood elevation. ATTEST: City Clerk. 3 October 25, 1993 The Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Revision to the City Flood Plain Ordinance I. Backqround: City of Roanoke Flood Plain Ordinanc~ was revised on January 21, 1992 (Ord. No. 30839-012192) in order to: (1) bring the City's existing flood plain regulations into conformance with recent federal requirements promulgated by the Federal Emergency Management Agency (FEMA); (2) qualify the City of Roanoke for discounts on flood insurance rates; and (3) improve the internal organization and structure of the current ordinance. Most recent amendments to the Flood Plain Ordinance were approved by City Council on October 4, 1993 by Ord. No. 31697-100493. FEMA has requested additional revisions to the City's flood plain regulations. Specifically, the City needs to delete the words "with a two (2) foot freeboard added" from the definition of "Base flood elevation"; delete the words "boundary and floodway map" from Section 36.1- 362(1) and replace them with "Insurance Rate Map"; delete the words "boundary and floodway map" from Section 36.1-362(2) and replace them with "Insurance Rate Map"; delete the words "boundary and floodway" from Section 36.1-363(b) and replace them with "Insurance Rate"; delete the words "in the form of a letter of map amendment (LOMA)" from Section 36.1-363(c); delete the word "habitable"from Section 36.1-364(f); and that Section 36.1-370 be amended by the addition of a new provision requiring applicants for variances or special exception uses in floodways to obtain a Conditional Letter of Map Revision (LOMR) from FEMA. A complete list of proposed amendments is attached to this report. Planning Commission public hearing was held on October 13, 1993. Mr. John Marlles, Agent and Mr. John Peters, Civil Engineer, summarized the requested amendments. Mr. Marlles noted that the changes were being mandated by FEMA as a condition to the City's continued participation in the National Flood Insurance Program. There was no one in the audience to speak in support or opposition to the request. II. Issues: A. Legal B. Life, Health and Safety C. Cost III. Alternatives: Recommend that the Citv's Flood Plain Ordinance be revised to incorporate the proposed changes. Legal requirements for remaining a participating community in the National Flood Insurance Program will be met. 2. Life, health and safety of the public would be enhanced. 3. Cost to the City would be negligible. Do not recommend any revisions to the City's Flood Plain Ordinance: Legal requirements to remain in the National Flood Insurance Program will not be met, thereby jeopardizing future participation. Life, health and safety of public would remain at current level of protection. Cost to the City is not an issue, however, lack of National Flood Insurance could be substantial to City property owners. IV. Recommendation: The Planning Commission, by a vote of 6-0 (Mr. Price absent) recommended that the proposed amendments summarized in Section I.C. be approved and forwarded to City Council. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission JRM:mpf cc: Assistant City Attorney Director of Public Works City Engineer Zoning Administrator Building Commissioner Subdivision E. Leqend: ...... : Deleted Language Shaded: New Language Floodplain Zoning Regulations Sec. 36.1-360. Intent. The intent of the regulations in this division is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by: (a) Regulating uses, activities and development which, acting alone or in combination with other existing or future uses, activities and development, if unregulated, will cause unacceptable increases in flood heights, velocities and frequencies; (b) Restricting or prohibiting certain uses, activities, and development from locating within areas subject to flooding; (c) Requiring all those uses, activities, and developments that do occur in flood-prone areas to be protected and/or flood- proofed against flood and flood damage; and (d) Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards. (Ord. No. 28611, S 2, 4-27-87) Sec. 36.1-361. Floodplain management regulations; definitions. For the purpose division, certain terms follows: of the regulations prescribed in this and words used herein shall be defined as Base flood/100-year flood: A flood that, on the average is likely to occur once every one hundred (100) years (i.e., that has a one (1) percent chance of occurring each year, although the flood may occur in any year). Base flood elevation: The Federal Emergency Management Agency designated 100-year water surface elevation. --.~ - ~ ^ ,~ ~--~ Channel: A perceptible natural or artificial waterway which periodically or continuously contains moving water confined to a definite bed and banks. Development: Any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structure, the placement of manufactured homes, streets, and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations, or storage of equipment and/or materials. Flood: A general and temporary inundation of normally dry land areas. Floodplain: A relatively flat or low land area adjoining a river, stream, or watercourse which is subject to partial or complete inundation; or (2) An area subject to the unusual and rapid accumulation of run-off of surface water from any source. Floodway: The designated area of the floodplain required to carry and discharge floodwaters from the 100-year magnitude flood. Historic structures: (a) Listed individually on the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Registrar; (b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a district on the National Register of Historic Places or a district preliminarily determined by the Secretary to qualify as a National Register Historic District; (c) Individually listed on the Virginia Landmarks Register or determined eligible by the Virginia Department of Historic Resources for such Register; or (d) Individually listed on the City inventory of historic places or as determined eligible for such inventory by the Roanoke City Architectural Review Board. Lowest floor: The lowest floor includes the lowest enclosed area (including basement) of any structure. An unfinished or flood resistance enclosure usable solely for parking of vehicles, building access, or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this subdivision. Substantial damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. Substantial improvement: Any repair, reconstruction, or improvement of a structure which is not a historic structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structur- al part of the building commences, whether or not that alteration affects the external dimensions of the structure. Watercourse: A natural or artificial channel for passage of running water fed from natural sources in a definite channel and discharging into some stream or body of water. (Ord. No. 30839, 1-21-92) Editor's note--Ord. No. 30839, adopted Jan 21, 1992, repealed former S 36.1-361 - 36.1-368, which pertained to floodplain zone regulations and derived from Ord. No. 28611, S 2, adopted Apr. 27, 1987. Ord. No. 30839 enacted new provisions as ~ 36.1-361 - 36.1-371 to read as herein set out. Sec. 36.1-362. Establishment of floodplain areas. for the purpose of the regulations prescribed in this division, there are hereby created various floodplain areas subject to inundation by waters of the 100-year flood. The basis for the delineation of the floodway and the flood-fringe shall be the flood insurance study for the City of Roanoke prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated July 2, 1992, and as amended. A copy of the flood insurance study, city drainage standards and accompanying maps, as amended, shall be filed in the offices of the city clerk and the city engineer. The floodplain areas shall consist of the following: (1) The floodway is delineated, for purposes of these regulations, using the criterion that certain areas within the floodplain must be capable of carrying the waters of the 100-year flood without increasing the water surface elevation of that flood more than one (1) foot at any point. These floodways are specifically defined in Table 2 of the above-referenced flood insurance study and shown on the accompanying Flood (2) The flood-fringe shall be that area of the 100-year floodplain not included in the floodway. The basis for the outermost boundary of the flood-fringe shall be the 100-year flood elevations contained in the flood profiles or Table 2 of the above-referenced flood insurance study and as shown on the accompanying Flood ~ ~ ~A~ ..... I~sUra~e Rat Map i (3) The approximated floodplain shall be that floodplain area for which no detailed flood profiles or elevations are provided and with a total contributing drainage area in excess of one hundred (100) acres. If the specific 100- year flood elevation cannot be determined for this area using other sources of data, such as the U.S. Army Corps of Engineers Floodplain Information Reports, U.S. Geological survey Flood-Prone Quadranges, etc., then the applicant for the proposed use, development and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by the applicant's professional engineers who shall certify that the technical methods used correctly reflect currently accepted technical concepts. (Refer to City of Roanoke Drainage Standards Manual.) Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the city engineer. (Ord. No. 30839, 1-21-92) Note--See the editor's note following S 36.1-361. Sec. 36.1-363. Application. (a) The floodplain areas described above shall be overlays to the existing underlying zoning districts as shown on the official zoning map, and as such, the provisions for the floodplain areas shall serve as a supplement to the underlying zoning district provisions; furthermore: (1) Where there happens to be any conflict between the provisions or requirements of any of the floodplain areas and those of the underlying zoning district, the more restrictive provisions shall apply; (2) In the event any provision concerning a floodplain area is declared to be inapplicable as a result of any legislative or administrative actions or judicial discretion, the basic underlying zoning district provi- sions shall remain applicable. (b) The boundaries of the floodplain areas previously described are established as shown on the Flood ~ .... ~ ...... ~ ........ Y:~:::~:~s~:e::::::~e Map which is declared to be a part of these regulati0hS ~h~ ~hi~h Shall be kept on file at the office of the city clerk and/or the city engineer. (c) The delineation of any of the floodplain areas described in section 36.1-362 may be revised by the city council where natural or manmade changes have occurred and/or where more detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration. ~" thc (d) Interpretations of the boundaries of the floodplain areas described in section 36.1-362 shall be made by the zoning adminis- trator. Interpretations by the zoning administrator may be ap- pealed to the board of zoning appeals in a manner as provided for in section 36.1-654. (e) No land or use shall hereafter be developed within the floodplain areas, and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered, except in full compliance with the terms and provisions of these regulations and any other applicable ordinances and regulations which apply to uses within the jurisdiction of these regulations. (f) Filling in those portions of the flood-fringe area that contribute to bypass flooding shall be permitted in accordance with the regulations as set forth herein. (Ord. No. 30839, 1-21-92) Note--See the editor's note following S 36.1-361. Sec. 36.1-364. Floodplain development regulations. (a) Ail uses, activities, and development occurring within any floodplain areas shall be undertaken only upon the issuance of a special permit by the zoning administrator. Such development shall be undertaken only in strict compliance with the provisions of these regulations and with all other applicable codes and ordinances. (b) Prior to any proposed alteration of or relocation of any channels or floodway of any watercourse, stream, etc., within this jurisdiction a permit shall be obtained from the U.S. Army Corp of Engineers, who in turn, will notify the Virginia State Water Control Board and the Virginia Marine Resources Commission. Further notification by the applicant of a multijurisdictional proposal shall be given to all adjacent Jurisdictions, the Division of Soil and Water Conservation (Department of Conservation and Recreation), and the Federal Insurance Administration. Copies of such notifications shall be provided to the zoning administrator for his records. (c) All applications for development in the floodplain and all special permits issued for the floodplain shall include a standard FEMA elevation certificate completed by a licensed surveyor or engineer. For all permits, the zoning administrator shall: Obtain the elevation (in relation to mean sea level) of the lowest floor of all proposed new or substantially improved structures, and whether or not such structures contain a basement; (2) Obtain, if the structure will be floodproofed, the elevation (in relation to mean sea level) to which the structure will be floodproofed; (3) Maintain a record of all such information. (4) Where a nonresidential structure is intended to be made watertight below the base flood level, the following shall apply: a. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of con- struction are in accordance with accepted standards of practice for meeting the applicable provisions of the Virginia Uniform Statewide Building Code, and b. A record of such certificates which include the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the zoning administrator. (d) All manufactured homes or mobile homes to be placed or substantially improved within the flood-fringe shall be placed on a permanent foundation and anchored in accordance with the Virginia Uniform Statewide Building Code. (e) In the floodway, no encroachments, including fill, new construction, substantial improvements, rehabilitation of struc- tures which have sustained substantial damage, and other develop- ment, shall be permitted unless the applicant's professional engineer demonstrates through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the proposed encroachment would not result in any increase in the 100-year flood elevation. The requirements of section 36.1-364, paragraphs (d) and (f), shall apply to encroachments permitted by this section. (f) In the flood-fringe and approximated floodplain, the development or use of land shall be permitted in accordance with the regulations as set forth herein, provided that all such uses, activities, and/or development shall be undertaken in strict compliance with the flood-proofing and related provisions contained in the Virginia Uniform Statewide Building Code and all other applicable codes and ordinances. Provided further that the lowest habltablo floor of any structure shall be elevated to a minimum of two (2) feet above the base flood, or, when allowed in the Virginia Uniform Statewide Building Code, must be floodproofed to two (2) feet above the base flood. (g) Within the approximated floodplain, the applicant's professional engineer shall also delineate a floodway based on the requirements that all existing and future development not increase the 100-year flood elevation more than one (1) foot at any one (1) point. The engineering principle (equal reduction of conveyance) shall be used to make the determination of increased flood heights. Within the floodway area delineated by the applicant's professional engineer, the provision of subsection (e) above shall apply. (Ord. No. 30839, 1-21-92) Note--See the editor's note following S 36.1-361. Sec. 36.1-365. Permitted uses. In the floodway, the following uses and activities shall be permitted as principal uses provided that they are in compliance with the provisions of the underlying zoning district and provided that they do not require structures, fill, or storage of materials and equipment within the floodway which may cause any increase in flood height and velocity: (1) Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. (2) Public and private recreational uses and activities such as parks, picnic grounds, golf courses, boat launchings and swimming areas, hiking, and horseback riding trails, wildlife and nature preserves, and fishing areas. (3) Residential uses such as yard areas, gardens, play areas, and loading areas. (4) Industrial and commercial uses such as open storage of operable vehicles and parking areas, provided a method of expedient removal is available and provided such vehicles are not carrying or intended to carry buoyant, flammable, toxic or otherwise hazardous materials. (Ord. No. 30839, 1-21-92) Note--See the editor's note following S 36.1-361. Sec. 36.1-366. Special exception uses. The following uses may be permitted in the floodway by special exception granted by the board of zoning appeals provided that they are in compliance with the provisions of the underlying zoning district: (1) Structures accessory to the uses and activities in (1) and (2) of section 36.1-365. (2) Certain public utilities and public facilities and improvements such as above ground pipe lines, water and sewage treatment plants, and other similar or related uses. (3) Water-related uses and activities such as docks, wharves, piers, etc. (4) Excavation of materials (where no increase in level of flooding or velocity is caused thereby.) (5) Storage of materials and equipment provided that they are not buoyant, flammable or explosive, and are not subject to major damage by flooding, or provided that such material and equipment is firmly anchored to prevent flotation or movement, and/or can be readily removed from the area within the time available after flood warning. Note--See the editor's note following S 36.1-361. Other similar uses and activities provided they cause no increase in flood heights and/or velocities. All uses, activities and structural development, shall be undertak- en in strict compliance with the floodproofing provisions contained in all other applicable codes and ordinances. (Ord. No. 30839, 1-21-92) Sec. 36.1-367. Design criteria for public utilities and facilities. (a) Ail new or replacement sanitary sewer facilities and private package sewage treatment plants (including all pumping stations and collector systems) shall be designed to minimize infiltration of flood waters into the systems and discharges from the systems into the flood waters. In addition, they must be located and constructed to minimize flood damage and impairment. (b) Ail new or replacement potable water facilities shall be designed to eliminate infiltration of flood waters into the system and be located and constructed to minimize flood damages. (c) All storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The systems shall ensure drainage away from buildings and on-site waste disposal sites. The City of Roanoke may require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shag be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties. (d) Ail other utilities, such as gas lines, electrical and telephone systems being placed in floodprone areas should be located, elevated (where possible), and constructed to minimize the chance of impairment during a flood occurrence. (e) Streets, drainage opens and sidewalks should be designed to prevent increasing flood levels by more than one (1) foot. (Ord. No. 30839, 1-21-92) Note--See the editor's note following S 36.1-361. See. 36.1-368. Existing structures in the floodplain. A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following conditions: Existing structures and/or uses located in the Floodway shall not be expanded or enlarged, unless the effect of the proposed expansion or enlargement of flood heights is fully offset by accompanying stream or channel improve- ments. (2) Amy modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in a floodplain to an extent or amount less than fifty (50) percent of its market value, shall be elevated and/or floodproofed in accordance with the Virginia Uniform Statewide Building Code to the greatest extent possible. (3) For the purpose of this chapter, the modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use, regardless of its location in a floodplain area to an extent or amount of fifty (50) percent or more of its market value shall be undertaken only in full compliance with the provisions of the Virginia Uniform Statewide Building Code. (Ord. No. 30839, 1-21-92) Note--See the editor's note following S 36.1-361. Sec. 36.1-369. Variances. When an application for a variance has been made, the procedure for processing the variance request shall be that as set forth in section 36.1-654. (1) No variance shall be granted for any proposed use, development, or activity within any floodway that will cause any increase in the 100-year flood elevation. (2) f. g. h. i. j. k. 1. In passing upon applications for floodplain variances the board of zoning appeals shall consider the following: The danger to life and property due to increased flood heights or velocities caused by encroachment. The danger that materials may be swept onto other lands or downstream to the injury of others. The proposed water supply and sanitation systems and the ability of these systems to prevent dis- ease, contamination, and unsanitary conditions. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners. The importance of the services provided by the proposed facility to the community. The requirements of the facility for a waterfront location. The availability of alternative locations not subject to flooding for the proposed use. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. The relationship of the proposed use to the compre- hensive plan and floodplain management program for the city. The safety of access by ordinary and emergency vehicles to the property in time of flood. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood water expected at the site. All other relevant factors. (3) The board of zoning appeals may forward any application and accompanying documentation pertaining to any request for a variance to the city engineer or other qualified person or state or federal agency for technical assis- tance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters. (4) Variances shall be issued only after the board of zoning appeals has determined that the granting of such variance will not result in (a) prohibited increases in flood heights, (b) additional threats to public safety, (c) extraordinary public expense, and will not (d) create nuisances, (e) cause victimization of the public, or (f) conflict with city laws or ordinances. (5) Variances shall be issued only after the board of zoning appeals has determined that the variance will be the minimum required to provide relief from any hardship to the applicant. (6) The board of zoning appeals shall notify the applicant for a variance, in writing within ten (10) days of the public hearing, that the issuance of a variance to construct a structure below the 100-year flood elevation: (a) increases the risks to life and property, and (b) will result in increased premium rates for flood insur- ance. (7) A record of the above notification as well as all variance actions, including justification for their issuance, shall be maintained by the zoning administrator and any variances shall be notified in the annual or biennial report of the city submitted to the federal insurance administrator. (Ord. No. 30829, 1-21-92) Note--See the editor's note following S 36.1-361. Sec. 36.1-370. Procedure for variances and special exception uses in floodways. Ail applications for variance or a special exception use in any floodway as defined herein, shall include the following: (1) Plans in triplicate drawn to scale not less than one (1) inch to one hundred (100) feet horizontally showing the location, dimensions, and contours (at five-foot inter- vals) of the lot, existing and proposed structures, fill, storage areas, water supply, sanitary facilities, and relationship of the floodway to the proposal. (2) A typical valley cross-section as necessary to adequately show the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and 100-year flood elevation. (3) A profile showing the slope of the bottom of the channel or flow line of the stream. (4) A summary report, prepared by professional engineers or others of demonstrated qualifications, evaluating the proposed project in relation to flood heights and velocities; the seriousness of flood damage to the use; and other pertinent technical matters. (5) A list of names, addresses and official tax adjoining property owners. (Ord. No. 30839, Note--see the editor's note following S 36.1-361. numbers of 1-21-92) LetterioflMap Revision(LOMR) from the Federal Emergency Management Agency (FEMA}. A Conditional Letter of Map tics of a:f~:ooding source and thus result in the modifi- cation of th:e existing regulatory f~oodwa¥ or effective base flood ele~ation. Sec. 36.1-371. Abrogation and greater restrictions. These regulations supersede any regulations currently in effect in floodplain areas. However, any underlying regulations or restrictions shall remain in full force and effect to the extent that its provisions are more restrictive than the regulations as set forth herein. (Ord. No. 30839, 1-21-92) Note--See the editor's note following S 36.1-361. Secs. 36.1-372-36.1-379. Reserved. ,c.,) NUF;U~R ]00819~15 PUBLISHER'S FFE - CITY OF ROANOKE C/O MARY F P~RKER CITY CLFRKS OFFICE POOP 455 'aUNICIPCL 5LOG ROANqKF Va 24011 STATE OF VIRGINIA CITY OF R]ANO&C AFFIDAVIT UF PU3L IC AT I ON I, [THE UNDERSIGNEDI AN AUIHORIZED REPRESENTATIVE OF THE TIMES-WORLD COR- PORATION, WHICH CORPORATION IS PUBLISHER ilF T~tE ROANOKE TIMES & wORLIP-NEWS~ A D~ILY NE~SPhPBF< PUBLISHED Ii~ ROANOKE, IN THE STATE OF VIKGINI~ DO CERTIFY THAT THE ~NNEXED NdTICE WAS PUBLISHED IN SAID NEWSPAPF~S O~i THE FOLLOWING DATES 10/08/73 MORNING 10/15/93 MDRNING WITNESS, TttIS lgTH D~Y [)F OCTOBER 1993 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of §15.1-431, Code of Virginia (1950), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, October 25, 1993, at 2:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 consider amendments to Chapter Roanoke (1979), as amended. Church Avenue, S.W., in order to 36.1, Zoninq, Code of the City of The proposed amendments would amend the following sections of Chapter 36.1, Zoninq, Subdivision E, Floodplain Zoninq Regulations, of the Code of the City of Roanoke (1979), as amended: S36.1-361, §36.1-362(1) and (2), §36.1-363(b) and (c), ~36.1-364(f), and §36.1-370, such amendments to clarify and make consistent with Federal Insurance Administration and Federal Emergency Management Agency Regulations certain sections of the Floodplain Zoning Regulations. A copy of said proposed amendments is available for review in the Office of the City Clerk, Room 456, Municipal Building. Questions about the content of the proposed regulations 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 6th day of October , 1993. Mary F. Parker, City Clerk. Publish twice in the Roanoke Times and World-News, once on Friday, October 8, 1993, and once on Friday, October 15, 1993. Send publisher's affidavit and bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 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 November 8, 1993 File #67-102-200-229-230-277 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke held on Monday, November 1, 1993, the following persons addressed Council with regard to the Second Street Bridge Project: Richard C. Maxwell, Vice- Chairperson of the Roanoke Arts Commission, called attention to the opportunity to connect the Virginia Museum of Transportation to downtown Roanoke, and advised of the interest of the Roanoke Arts Commission in playing an active role in the creation of a raft/art park or art walk that would be similar to the San Antonio River Walk. Katherine Houck, Executive Director, Virginia Museum of Transportation, encouraged Council to support further study of the pedestrian bridge and the Second Street Bridge to include a rail/art park which could provide a'unique marriage of the arts and transportation. John J. Roberts, Director of Development of the Art Museum of Western Virginia, concurred in remarks of Mr. Maxwell and expressed support of the Art Museum of Western Virginia. You were requested to meet with the abovenamed individuals to discuss concerns and report to Council accordingly. Sincerely, _/~~ Mary F. Parker, CMC/AAE City Clark their MFP: sm