Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Council Actions 01-02-90
~owe r s (29899) REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL January 2, 1990 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. al~sent. Vice-Mayor Fitzpatrick was The invocation will be delivered by the Reverend James P. Beatty, Pastor, St. Paul A.M.E. Church, Blacksburg, Virginia. Present. The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor. C-1 C-2 ~ONSENT AGENDA (Approved 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WI£L BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DIS- CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. A communication from Mayor Noel C. Taylor requesting an Executive Session to discuss a special award, being the Annual Citizen of the Year Award, pursuant to Section 2.1-344 (A) (10), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene tn Executive Session to discuss a special. award, being the Annual Citizen of the Year Award, pursuant to Section 2.1-344 (A) (10), Code of Virginia (1950), as amended. A report of the City Attorney advising that a public hearing has been scheduled for Monday, January 8, 1990, at 7:30 p.m., on a proposal to increase the maximum amount for any single utility tax applied to each separate meter or location from $2,000 to $2,400 per month. RECOMMENDED ACTION: Receive and file. 1) C-3 A list of items pending from July 10, 1978, through December 26, 1989. C-4 C-5 C-6 RECOMMENDED ACTION: Minutes of December 18, 1989. Receive and file. the Audit Committee Meeting held on Monday, RECOMMENDED ACTION: Receive and file. Qualification of Mr. Acree Hayes as a member of the Advisory Board of Human Resources for a term of four years ending November 30, 1993. RECOMMENDED ACTION: Receive and file. Qualification of Ms. Florine Thornhill as a member of the Roanoke Neighborhood Partnership Steering Committee for a term of three years ending November 11, 1992. RECOMMENDED ACTION: Receive and file. ~EGULAR AGENDA Hearing of Citizens Upon Public Matters: Petitions and Communications: None. Reports of Officers: None. a. City Manager: Briefings: None. ~tems Recommended for Action: 1. A report recommending appropriation of $37,375.00 from the Capital Maintenance and Equipment Replacement Program to provide funds for the purchase of portable radios for the Police Department. Adopted Ordinance No. 29899-1290. (6-0) 2. A report recommending appropriation of $43,182.00 to provide funds for the purchase of computer equipment for systems development for City Information Systems. Adopted Ordinance No. 29900-1290. (6-0) 3. A report recommending authorization to execute two contracts with The Salvation Army for payment of ser- vices provided to citizens of the City of Roanoke under the Abused Women's Program and Homeless Program. 10. Adopted Ordinance No. 29901-1290. (6-0) A report recommending award of an architectural/ engineering contract to Hornet & Associates, P.C., to prepare preliminary design and related services for renovation and restoration of City properties located at 118-120-122-124 Campbell Avenue, S. W. Adopted Ordinance No. 29902-1290. (6-0) A report concurring in a report of a bid committee recommending purchase of a refuse truck cab/chassis and body for the Refuse Collection Department; and transfer of $88,507.95 therefor. Adopted Ordinance No. 29903-1290 and Ordinance No. 29904-1290. (6-0) b. City Attorney: A report recommending adoption of a measure amending the Code of the City of Roanoke by enacting a new sec- tion defining the crimes of Unlawful Exposure and Facilitating Unlawful Exposure, establishing penalties, providing for exemptions and regulating the location of certain entertainers. Adopted Ordinance No. 29905-1290. (6-0) Reports of Committees: None. Unfinished Business: None. Introduction and Consideration of Ordinances and Resolutions: None· 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. Other Hearings of Citizens: Certification of Executive Session. (6-0) (3) Office of the Mayor January 2, 1990 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss a special award, being the Annual Citizen of the Year Award, pursuant to Section 2.1-344 (A) (10), Code of Virginia (1950), as amended. Sincerely, Noel C. Taylor Mayo r NCT: se Room452 MunicipalBuilding 215Church Avenue, S.W.,Roanoke, Virginia 24011 (703)981-2444 WILRURN C. DIBLING, JR. CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING ROANOKE, VIRGINIA 240 ! 1-1595 January 2, 1989 WILLIAM X PARSONS MARK ALLAN WILLIAMS KATHERINE HOWE JONES STEVEN J, TALEVI Honorable Mayor and Members of City Council Roanoke, Virginia Re: Utility tax; amendment to maximum amounl. Dear Mrs. Bowles and Gentlemen: At the regular meeting of Council held on MOnday, December 18, 1989, you instructed my Office to increasing the maximum prepare the proper measure each Separate meter or amount for any single utility tax applied to location from $2,000 to $2,400 per month. Before this tax amount may be increased, §58.1-3007 of t of Virginia (1950), as amended, requires that n he Code ~nd ~hat Council conduct an ~Uan~ to Council,~ ~ ~ ~uprla~e nearin~ ~L _~ b~ohed o xnscructi n ~ ~_ ~' ~nereIore, pur- o_, -~ -~ve prepared the proper adver tlsement and have set a public hearing before COuncil at its regular meeting on January 8, 1990, at 7:30 P.m. Please also - that the Code of Virginia requires at least sixty days notice note to the Utility companies prior to any change in the Utility tax Struc- ture. Therefore, the effective date of the proposed ordinance implementing this change will be April 1, 1990. Please let me know if you have any Comments or questions or if I may be of further assistance in this matter. With kindest personal regards, I am WCDj/MAW:sm Attachment CC: W. Robert Herbert, City Manager Joel M. Schlanger, Director of Finance ~ary F. Parker, City Clerk Pending Items Referral Date 7/10/78 2/23/87 6/20/88 1/9/89 5/22/89 8/14/89 8/14/89 from July 10, 1978, Referred To City Manager Regional Cable Television Committee Regional Cable Television Committee City Manager City Manager Director of Finance City Manager City Manager through December 26, 1989. Item Recommendation No. 11 con~ tained in the Mayor's 1978 State of the City Message. (Development of Mill Mount tain ~ hotel.) Request of Cox Cable Roanoke for a renewal of their fran~ chise agreement in order to simplify and clarify langu* age, make certain additions and deletions, and extend the term. Communication advising of Cox Cable Roanoke's intent to seek renewal of the Cable Television Franchise in the City of Roanoke. Matter with regard to speed~ lng on Hemlock Road, N. W. Request of the Jefferson High School Committee for a con~ tribution from the City to be used for the renovation of Jefferson High School. Mayor's 1989 State of the City Recommendation No. i ~ permitting each City employee to receive his or her birth~ day as a holiday, in such instances where the calendar and work experience will per~ mit. Mayor's 1989 State of the City Recommendation No. 2 ~ establish details and cri~ teria for an "Employee of the Year" Program for par~ ticipation by Roanoke City employees. Pending Items from July 10, 1978, _Refe?~ral Date 8/14/89 through December 26, 1989. R_eefer~ed To ~ Item City of Roanoke Transportation Safety Commission 8/14/89 City Manager Trade and Convention Center Committee 8/14/89 City Manager 8/14/89 Mayor's 1989 State of the City Recommendation No. 3 ~ that the "Star City" become the safest place to live in Virginia by striving to have Virginia,s highest highway compliance rate for buckling up. 8/14/89 Mayor's 1989 State of the City Recommendation No. 9 ~ consider the feasibility of operating a Street car type vehicle to connect the Transportation Museum, the Convention Center Complex, Center~in~the~Square and the City Market area. 8/14/89 Mayor's 1989 State of the City Recommendation No. 10 ~ establish linear parks with flowers~ Street scenes, benches and walkways at the proper points on both sides of the railroad. City Manager Mayor's 1989 State of the Trade and Convention City Recommendation No. 12 ~ Center Committee consider the conversion of City Manager City Manager the former Railway Passenger Station into a visitor,s center if the property is made available to the City in the future. Communication from Council Member David A. Bowers recom~ mending that the producers of the film "Crazy People" be contacted in order to discuss the possibility of a world premiere event in Roanoke upon the release of the movie. Requested to report to Council within 120 days with regard to certain aspects of the Zoning Ordinance. Pending Items from July 10, 1978, Referral Date Re erred 10/9/89 City Attorney 11/13/89 City Manager 12/18/89 City Attorney 12/26/89 Director of Finance through December 26, 1989. Item Communication from Council Member David A. BOwers regarding the issue of a modified ward system for the City of Roanoke. Communication from Council Member David A. Bowers recom~ mending the formulation of a "visitation school" to help divorced parents learn how to deal with the problems of coordinating visitation with their children. Communication from Mr. L. EIwood Norris, Chairman, Board of Zoning Appeals, requesting an amendment of Section 62(8), Zoning, of the City Charter to provide that the terms of members of the Board of Zoning Appeals shall be staggered so that no more than two members will be eIi~ gibIe for reappointment at any given time. The matter of including school teachers in the City of Roanoke Pension Plan was referred to the Director of Finance for the purpose of conferring with appropriate school officials, and report to Council accordingly. In the event that State law precludes such participation, tt~ertp-g.tte~'r~ts also referred ~o b~'ea~inc~i~.~-~ the City's 1991 Legislative Program for consideration by the City's delegation to the General Assembly of Virginia. MINUTES OF THE AUDIT COMMITTEE OF ROANOKE CITY COUNCIL December 18, 1989 1:40 - 2:00 p.m. Members Present: E. T. Bowles, D. A. Bowers, B. T. Fitzpatrick, H. E. Musser, N. C. Taylor, J. O. Trout Others Present: W. L. Brogan, W. R. Herbert, W. C. Dibling, J. M. Schlanger, F. B. Mayorshi, T. D. McQuade, R. L. Kelley, E. B. Reynolds Received, reviewed and filed the Audit Report of the City of Roanoke School Activity Funds for fiscal year ended June 30, 1989. Received, reviewed and filed the following reports from Peat Marwick: A. Evaluation of the Municipal Audit Department as of June 30, 1989. B. Opinion on the June 30, 1989 APA Comparative Cost Report. C. Management Letter of September 29, 1989 and the December 12, 1989 response to this document. David A. Bowers, Chairman Office of the City Clerk January 3, i990 File #15-72 The Reverend Frank ~. Feather Chairman Advisory Board of Human Resources P. ©. Box 6275 Roanoke, Virginia 24017 Dear Reverend Feather: This is to advise you that Hr. Acree member of the Advisory Board of Human four years ending November 30, 1993. Hayes has qualified as a Resources for a term of Sincerely, Mary F. Parker, CMC City Clerk MFP:ra pc: Mr. James D. Ritchie, Director of Human Resources Room456 Municipalauilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 0-2 Oath or Affirmation of Office' ~ 8tare o~ Virginia, ~itll o~ l~oanoke, ~o .wi~: '~1 ~ i i~ ' ~ I, "' ' .... ' '~' ~ 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_ according to the best of my ability. So help me God. Subscribed and sworn to before me, this~~'~'~ day o '~ Office of the City Clerk December 6, 1989 File #15-72 Ur. Acree Hayes 1510 Grayson Avenue, N. Roanoke, Virginia 24017 Dear ,~lr. ~tayes : At the regular meeting of the Council of the City of ~oano~e held on ~onday, December 4, 1989, you were reelected as a member of the Advisory Board of Human Resources for a term of four years ending November 30, 1993. Enclosed you will find a Certificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Ci~urch Avenue, S. ~. Please return one copy of the Oath of Office to Room 456 in the ,~unicipal Building prior to serving in the capacity to which you were reelected. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Inforlnation Act. Sincerely, ~ary F. Parker, City Clerk C~C MFP : ra Enc. pc: The Reverend Frank Human Resources, · . Feather, Chairman, Advisory Board O. Box 6275, Roanoke, Virginia 24017 Mr.James D. Ritchie, Director of Human Resources Room 456 Municipal Building 215 Church Avenue, $.W. Roanoke. Virginia 24011 (703) 981-2541 COMMONWEALTH OF VIRGINIA ) ) To-wit CITY OF ROANOKE ) I, Mary F. Parker, Council of the City of do hereby certify that City Clerk and as such City Clerk of the Roanoke and keeper of the records thereof, at a regular meeting of Council held on the fourth day of December, 1989, ACREE HAYES was reelected as a member of the Advisory Board of Human Resources for a term of four years ending November 30, 1993. Given ut~der my hand and the Seal of the City of sixth day of December, 1989. Roanoke this City Clerk Office of the City Clerk January 3, 1990 File #15-488 Ms. Barbara N. Duerk, Chairman RoanoKe Neighborhood Partnership Steering Committee 2607 Rosalind Avenue, S. ~. Roanoke, Virginia 24014 Dear Ms. Duerk: This is to advise you that Ms. Florine Thornhill has qualified as a member of the Roanoke Neighborhood Partnership Steering Committee for a term of three years ending November 11, 1992. Sincerely, /~ Mary F. Parker, C~4C City Clerk MFP:ra pc: ~Ms. Stephanie A. Fowler, Neighborhood Partnership Coordi~ator Room456 MunicipalBuiiding 215Church Avenue,$.W. Roanoke, Virginia 24011 (703)981-2541 0-2 Oath or Aff ri a6on of Office Stat~ o~ Virginia, Ci~ o~ l~oanol~e, ~o .~: I, '~ ~. , ,., , do solemnly swear (or ~) ~t I w~l sup~ the Constitution of the United States, and the Constitution of the State of Virginia, and that I wffi faithfully and impa~ially discharge and pe~orm all the duties incumbent upon me as according to the best of my ability. So help me God. Subscribed and sworn to before me, this _day of ., Deputy Clerk Office of the City Clerk December 6, 1989 File #15-488 M§. Florine Thornhill 819 Center Avenue, N. W. Roanoke, Virginia 24016 Dear Ms. Tnornhill: At the regular meeting of the Council of the City of Roanoke held on ~onday, December 4, 1989, you were reelected as a member of the Roanoke Neighborhood Partnership Steering Committee for a term of three years ending November 11, 1992. Enclosed you will find a Certificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were reelected. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. Sincerely, Mary F. Pa ke , C~C City Clerk MFP:ra Enc. pc: Mr. ~illiam J. Rand, III, Chairman, Roanoke Neighborhood Partnership Steering Committee, 3571 Mudlick Road, S. ~., Roanoke, Virginia 24018 Ms. Stephanie A. Fowler, Neighborhood Partnership Coordinator Room 456 Municipal Building 215 Church Avenue, S. W, Roanoke, Virginia 24011 (703) 981 2541 COMMONWEALTH OF VIRGINIA CITY OF ROANOKE To-wit: as a member of the Committee for a term of three years Given under my hand and the Seal of sixth day of Oecember, 1989. I, ~ary F. Parker, City Clerk, and as such City Clerk of t~e Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the fourth day of December, 1989, FLORINE THORNHILL was reelected Roanoke Neighborhood Partnership Steering ending November 11, 1992. the City of Roanoke City Clerk this Office of the City Clerk January 3, 1990 File #60-270-472-5 Mr. Joel ~. Schlanger Director of Finance Roanoke, Virginia Dear ,~r. Schlanger: I am attaching copy of Qrdinance No. 29899-1290 amending and reordaining certain sections of the 1989-90 General Fund Appropriations, providing for the appropriation of $37,375oU0 from Non Departmental Equipment Replacement Contingency to Police Patrol, Other Equipment, to provide funds for the purchase of portable radios to be used by the Police Department. Ordinance No. 29899-1290 was adopted by the Council af the City of Roanoke at a regular meeting held on Tuesday, January 2~ 1990. Sincerely, ~ ~4ary F. Parker, CMC City Clerk MFP:ra Enc. pc: Mr. W. Robert Herbert, City ,~anager Mr. George C. Snead, Jr., Director of Administration and Public Safety ~r. ~. David Hooper, Chief of Police Mr. D. ~arwin Roupe, ~anager, General ~ervices Room456 MunicipaIRuilding 215Church Avenue,$.W Roanoke, Virginia 24011 (70:1)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of January, 1990. No. 29899-1290. AN ORDINANCE to amend and reordain certain sections of the 1989-90 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Non-Departmental !15 343,604 Contingency - General Fund (1) ............ ......... '561,750 Public Safety 25,802,232 Police Patrol (1) ................................... 5,831,122 (1) Equipment Repl. Contingency (2) Other Equipment (001-002-9410-2202) (001-050-3113-9015) $ (37,375) 37,375 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Roanoke, Virginia J~hu&~y 2, 1990 The Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: FUND APPROPRIATION - CAPITAL MAINTENANCE AND EOUIPMENT REPLACEMENT PROGRAM October 9, 1989, City Council designated $37,500 in Capital Maintenance and Equipment Replacement Program to provide for procurement of necessary portable radios for the Police Department. MaY. 1988, competitive bids were secured and awarded by Council for police radios. That bid awarded to Motorola C & E, Inc. also stated that the prices quoted would remain valid until notified. II. CURRENT SITUATION Motorola C & E. Inc. has notified the City that the quoted price, still remains firm as bid. The twenty-five (25) Radios needed will cost $1,495.00 per unit for a total of $37,375.00. e ab ye rice has been reviewed and compared to the original bid document by representatives of General Services and communication. III. NEED A. Need Honorable Mayor and City Council Page 2 IV. B. Compliance with SDeclfication~ C. Fund Availability Council approve this reaues~ to appropriate $37,375.00 to Police Department account 001-050-3113-9015 to allow for the procurement of necessary portable radios. Need - two-way portable radios are necessary to maintain efficient and effective communications for police operations. Compliance with SDecification~ - the radios to be provided by Motorola C & E, Inc. meets all city requirements. Fund availability - designated funds are available in the Capital Maintenance and Equipment Replacement Program to provide for this purchase. Council not approve this request to appropriate funds to allow for designated expenditure. Need - appropriate and necessary communications would not be provided. Compliance with specifications - would not be a factor in this alternative. F~nd availability - designated funds would not be expended· Honorable Mayor and City Council Page $ Council approve alternative "A" - Transfer $37,375.00 from General Fund Contingency - Equipment Replacement, account number 001-002-9410-2202 to Police Department account 001-050-3113-9015 to provide for the purchase of portable radios. Respectfully submitted, W. Robert Herbert City Manager DDR/klm c: Director of Finance City Attorney Manager, General Services Police Chief Office of the City Clerk January 3, 1990 File #60-301-472 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia ~ear Mr. Schlanger: I am attaching copy of Ordinance No. 29900-1290 amending and reordaining certain sections of the 1989-90 Internal Service Fund Appropriations, providing for the appropriation of $43,182.00 from Internal Services, Retained Earnings, to City Information Systems, Capital Outlay, Other Equipment, to provide funds for the purchase of certain computer equipment for systems develop- ment for City Information Systems. Ordinance No. 29900~1290 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 2, 1990. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP:ra pc: Mr. ~. Robert Herbert, City Manager Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Archie W. Harrington, Manager, City Information Systems Mr. D. Darwin Roupe, ~anager, General Services Room456 MunicipalBuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 AN ORDINANCE the 1989-90 Internal for an emergency. WHEREAS, for Government of the exist. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of January, 1990. No. 29900-1290. to amend and reordain certain Service sections of Fund Appropriations, and providing 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 1989-90 Internal Service Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations City Information Systems Capital Outlay (1) ................................. Retained Earnings Retained Earnings - Unrestricted (2) ................. (1) Other Equipment (006-050-1601-9015) $ 43,182 (2) Retained Earnings (43,182 -Unrestricted (006-3336) $1,910,395 148,769 $1,945,321 BE IT FURTHER ORDAINED that, an emergency Ordinance shall be in effect from its passage. existing, ATTEST: this City Clerk. Roanoke, Virginia January 2, 1990 Honorable Hayor and City Council Roanoke, Virginia Dear Members of Council: Fund Appropriation - Intsrr~l Services Retained F~rning~ Retained Earninas account~ are designated in Internal Service Funds to support PriOritized expenditures necessary for the efficient continued operation of those Internal Service Departments. City Information SYste-- has identified a need for computer equipment for systems development. II. C I r v is required for single purchases for which cost exceed ~ as stated in the Code of the City of Roanoke, Chapter 23.1, r~_9_9_IL~AB_e~, (1979) as amended. Current SituatiOn: ~ from the approved expenditure list, which will cost less than $10.000,00 are identified on Attachment "A'. Those items show~ on Attachment "A" will be appropriately processed through the State Contract System or through competitive request for quotations by the Department of General Services, in accordance with the Procurement Code as identified in the Code of the City of Roanoke. IV. Ce Council anDronriatio~- are requested to allow for the purchase of those it.me listed on Attsclment A. Need C. Comnetition of D. Fund Availability Council approve this reaues? to appropriate ~ to City Information Systems Account 006-050-1601-9015 to allow for the purchase of those items listed on Attachment Need - requested items are necessary for the continued support to System development projects. ~ - Purchases for less than ~ can be expediently proc.seed end appropriately procured in the most timely fashion. Com~etttion of Purch~oo~ - &ll items will be purchased in accordance with the City Procurement Code· Fund availabilt~y - Funds are available in City Infor~tion System Retained Earnings to provide for these purchases. Council not approve this re~uee~ to appropriate Funds to allow for the purchase of needed equipment. Need - systems development pro~ecte would not be accomplished in the moot efficient and timely manner. ~ - would not be an issue in this alternative. Competition of Pur~ha~- - would not be an issue in this alternative. 4. Fund availability - Retained Earnings Funds would not be expended. Council a~Drove Alternative hA" - appropriate ~ from Internal Services Retained Earnings Account to City Information Systems Account 005-050-1601-9015 to provide for requested purchaees. Reepectfully Submitted, W. Robert Herbert City Hanager City Attorney Director of Finance Hanager, General Services Hanager, City Information System. Ctt¥ Inforaatton Syetene Retained Earnings Designated Expenditures e Seven (7] new Personal Computers Seven [7) new Printers for above Personal Computers Seven (7) new Color Honttore for above Personal Computers Seven 17) #32?0 Connections for above units Seven (7) Emulation Programs for above units One (1) new #3174 Terminal Controller Five (5) new #3299 Multiplexers $20,650.00 3,574.00 3,430.00 2,835.00 1,592.00 8,601.00 2,500.00 Total Office of the City C~erk January 3, 1990 File #145 Mr. ~. Robert Herbert City ~anager Roanoke, Virginia Dear ~r. Herbert: I am attaching copy of Grdinance No. 29901-1290 authorizing you to enter into two contracts with The Salvation 4rmy for payment of services delivered by the organization's Abused Program and Homeless Program to citizens of the City of Roanoke. Ordinance No. 29901-1290 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 2. 1990. Sincerely, /'7. ~ary F. Parker, CMC City Clerk ~FP:ra Eric. pC: Captain H. Dean Hinson, Commander, The Salvation Dale Avenue, S. E., Roanoke, Virginia 24013 ~r. Joel ~. Sc~langer, Director of Finance Mr. James D. Ritchie, Director of Human Resources Army, 724 Room 456 Municipal Building 215Church Avenue, S.W. Roanoke, Virginia 26.011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 2nd day of January, 1990. No. 29901-1290. VIRGINIA, AN ORDINANCE authorizing the City Manager to enter into two con- tracts 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, and providing for an emergency. BE IT ORDAINED by 1. Reynolds, the City the Council of the City of Roanoke that: The City Manager or the Assistant City Manager, Earl B. Jr., and the City Clerk are hereby authorized on behalf of to execute 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 January 8, 1989, and the attachments thereto. 2. The maximum compensation to the Salvation Army under the contracts authorized by this ordinance shall be $23,000.00 divided as follows: (a) $13,000 for the Abused Women's Program, and (b) $10,000 for the Homeless Program. 3. In order to provide for the usual daily operation municipal government, an emergency is deemed to exist, and ordinance shall be of the this in full force and effect upon its passage. ATTEST: City Clerk. Honorable Mayor and City Council Roanoke, Virginia Members of Council: SUBJECT: CONTRACT WITH THE SALVATION AR)iY Roanoke, Virginia January 2, 1990 III. I. BACKGROUND The Salvation Army applied through the Citizens Services Committee for City funds as follows: 1. $25,000.00 to operate a program for the homeless. 2. $25,000.00 to operate a shelter for battered women. The 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. Co The Citizens Services Committee recommended an appropriation of $23,000.00 for FY 89-90 to be used for either program, and City Council concurred in the recommendation. The Salvation Army requests that the $23,000.D0 be divided between the Abused Women's and Homeless Programs as follows: 1. $13,000.00 for the Abused Women's Program. 2. $10,000.00 for the Homeless Program. II. CURRENT SITUATION The City Manager requests authorization from City Council to execute two contracts approved by the City Attorney with The Salvation Army for the payment of services provided to City citizens under the Abused Women's and Homeless Programs. (See attached.) ISSUES A. Services to City citizens. B. Legal. C. Budget. IV. ALTERNATIVES Ao 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. Budget. $23,000.00 has been appropriated by City Council on June 19, 1989, Ordinance #29624, and is available in account #001-054-1270-2010, Fees for Professional Services. 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. Budget. Not an issue. V. RECO~4ENDATION 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, W. Robert Herbert City Manager WRH/JDR/ksf CC: Wilburn C. Dibling, City Attorney Joel M. Schlanger, Finance Director James D. Ritchie, Director of Human Resources CITY OF ROANOKE DEPARTMENT OF HUMAN RESOURCES Abused Womn's Progrm Contract CONTRACTOR CIllf AGENCY CONTRACT PERIOD THE The named parties agreement, subject to conditions stated herin. SALVATION ~RM¥ a ~EORGI~ COI~RATI(~N ~R The Salvation Army P. O. Box 1631 Roanoke, Virginia 24008 hereby the City of Roanoke Department of Human Resources 215 West Church Avenue, S.W. Roanoke, Virginia 24011 July 1, 1989 through June 30, 1990 enter into terms and I. CO~PLETE DESCRIPTION OF SERVICES Contractor agrees to: 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 Resources to individuals placed in the program as a result of this contract. Provide requested reports to the Department of Human Resources, 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. Eo Provide cooperation and compliance with the direction of the Director of Human Resources and other authorized City officials. Provide the Department of Human Resources with specific and measurable program objectives to be accomplished during this contract period. II. CO(~PENSATION AND SCHEDULE OF PAYMENTS Ao 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 $13,000.00 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 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. II. CITY /L~__. ~/ contractor's LIABILITY The contractor acknowledges that the CitYco~ra§~g~e' shall not be responsible for any actions of/employees or designated representatives of the program. In the event of any litigation which may arise as a result of the 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 Resources 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, or national origin, except where religion, sex, 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. GENEI)J~L 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. CANCELI_ATION CI.AUSE 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 Resources, 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 Resources 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 , 1989. CITY OF ROANOKE City)tanager THE SALVATION ARMY A~OF)(3IA (~]~POI~AT)O~I (Title) A POSITION STATEMENT Any agency, gove=~ut or private, which enters into oontract with The Salvation Army, sh~ald cl-Arly understand that ~e Salvation Army is an in- ternational religious and charitable ~ovement organ/7~d and operated on a c~,~i-~nilitary pattern a~d is a branch of the Olristian (~urch. All pzDgrams of The Salvation Army ere under the supervision and control of Salvation Army offio~r$ who ere ministers of the Gospel. ~he primary objective of ]~e Salvation Army is %0 help men and ~ &~cver for themselves that C_~/~_ is their h~_avenly Father and that through faith in Jesus (~rist the m/stakes of their past can be forgiven and a new life of right relationships with C~ and their fellc~m~_n can begin. This, we believe, is the supreme rehabilitation which enc~asses and includes all lesser rehabi litatic~s. ~owever, it should also be clearly understood ~hat The Salvation Army'$ vast practical ministry of providing food, sheltar, health services, counsel- ing and the whole g~nut of aid, is given unreservedly to needy men a~ ~ne~n simply because ~hey are needy. ~e do not give the~ help as sc~e k/nd of desperate bribe to rake the~ i~to (~ristinns. That would not c~ly be despie~hle; it would be a failure. Practica/ aid is given r~gardless of a person's race, color, cr~ - or lack of it. If a ~ persc~ rejects the Azmy's gospel, the Army does ~ot reject him or her. ~1~_r~fore, agencies with. any qualms lest they breach the dividing line ~ church and state by contracting with The Salvation Army, ~hould both %ake he~d an~ take T~ will be in contract with an Organization which, in with the majority of ph/lanthropic underta)dngs in the world, was ~orn ~t of (hristian o~oassion ar~ which unhesitatingly ac~e~t~ (~rist's words, ~4ithout me ye can do ~ can be oerta/n ~t if ~ cont=act is for provision to help ~et physical need and physie~l need o~ly, the very ~ Christian ethic which .~Livae-~ The Salvation Army is guara~e that the contract will be - January 12, 1982 CITY OF ROANOKE DEPART~ENT OF HUMAN RESOURCES Hameless Program Contract CONTRACTOR CIl~' AGENCY CONTRACT PERIOD The named parties agreement, subject to conditions stated herin. THE SALYATIONAI~MYAGEOI~GIACO~PO~TiONro~ The Sa]ration Army P. O. 8ox 1631 Roanoke, Virginia 24008 hereby the enter terms City of Roanoke Department of Human Resources 215 West Church Avenue, S.W. Roanoke, Uirginia 24011 July 1, 1989 through June 30, 1990 into and I. COMPLETE DESCRIPTION OF SERVICES Contractor agrees to: Provide beds for men, women, and their dependent children who are City residents during the period covered by this contract. Provide food, shelter, vocational guidance, individual counseling, and job placement assistance to a program monitored by the Department of Human Resources to individuals placed in the program as a result of this contract. Provide requested reports to the Department of Human Resources, which will include: 1. Information on services given. 2. Number of City residents served. o 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 Resources and other authorized City officials. Provide the Department of Human Resources with specific and measurable program objectives to be accomplished during this contract period. II. CO~PENSATION AND SCHEDULE OF PAYN£NTS III. CITY actor s 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 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. LIABILITY The contractor acknowledges shall not be responsible for designated representatives of of any litigation which may operation of this program, 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. that the City of any actions of/Ce°~ptlroayCe~e°sr ~ arise as a result of the''~ the contractor agrees to 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 Resources while performing under this agreement. IV. NON-OISCRIMINATION 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, or national origin, except where religion, sex, 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. GENEP~L 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 Resources, 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 Resources will notify the program in writing by certified mail. VII. R£~IGIOUS ORGAJWIIATION Ao 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 W~EREOF by the following signatures and seals the City of Roanoke and The Salvation Army have executed this contract as of this day of , 1989. CITY OF ROANOKE City~anager (Title) I~D ~ A POSITION STATEMENT Any agency, gcve~a,~.~t or private, which enters into contract with The Salvation Army, s~culd clearly understand that ~e Salvation Art5, is an in- t~_rnational religious and chari~nhle movement organized and operated c~ a quasi-milieary pattern and is a branch of the C~ristian ~urch. All pzDgrams of The Sa/vation Army are under the supervision and control of Salvatic~ Army officers who are ministers of the Gospel. ~he primary objective of ~e Salvation Army is t~ help men and ~ cliscov~r for thenselves that God is their Heavenly Father and that through faith in Jesus C~_rist the mistakes of their past can be forgiven and a new life of right relationships with God and their fellc~en can begin. This, we believe, is the supr~re ~_habilitation which eno:~pas~es and includes all However, it should also be clearly understood that The Salvation Ar~y's vast practical ministry of providing food, shelter, health services, counsel- ing and the whole g~nut of aid, is given unreservedly to needy men and simply because they are needy. We do not give them help as scr~ kind of desperate bribe to rake them into C~ris~{~ns. That would not only be despicable; it would be a failure. Practical aid is given r~gardless of a person's race, color, cr~ - or lack of it. If a ~ ~_rsc~ rejects the Army's gospel, the Army does not reject h/m or her. %?m_r~fore, agencies with. any q,~s lest they breach the chviding line be- tm~en church and state by contracting with 7~e Salvation Army, ~hould both take heed ar~ take co, fort. with the majority of philanthropic underta)d.ng$ in the %~rld, %ms born out of (~ris+~nn ~,~assion and which unhesitatingly aoc~L~ C~rist's words, ~it/Xx~ me ye can ~o n~3~t~." ~ can be cezen~n that if t~'i,- ovntract is for provision to help meet physical ~ and physic1 ~ only, t. he very ~ (~Lristian ethic which motiva~ The Salvation Army is guarantee that the contract will be scrupulously ~b~_rved. - Ja~y 12, 1982 Office of the City Clerk January 3, 1990 File #166 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear ,~r. Herbert: I am attaching copy of Ordinance No. 29902-1290 authorizing exe- cution of a contract wit~ Hornet and Associates, P.C., to provide preliminary design and related services for renovation and restoration of the Campbell 4venue properties, in an amount not to exceed $40~600.00. Ordinance No. 29902-1290 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 2, 1990. Sincerely, Mary F. Parker, City Clerk CMC MFP:ra pO: Mr. Daniel H. Hornet, AIA, President, Hornet & Associates, P.E., 110 West Campbell Avenue, Roanoke, Virginia 24011 Mr. William F. Clark, Director of Public Works Mr. Charles ~. Huffine, City Engineer ~s. Sarah E. Fitton, Construction Cost Technician mr. Kit B. Kiser, Director of Utilities and Operations Mr. Ceorge C. Snead, Jr., Director of Administration und Public Safety Mr. Barry L. Key, ~anager~ ~anaqement and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 2nd day of January, 1990. NO. 29902-1290. VIRGINIA, AN ORDINANCE authorizing the execution of a contract with Homer and Associates, P.C., to provide preliminary design and related services for the renovation and restoration of the Campbell Avenue properties; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. 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, an agreement with Hornet and Associates, P.C., for the provision by such firm of preliminary design and related services for the renovation and restoration of the Campbell Avenue properties, as more particularly set forth in the January 2, 1990, report of the City Manager to this Council. 2. The contract authorized by this ordinance shall not exceed the sum of $40,600.00. 3. The form of the contract with such by the City Attorney. 4. In order to provide for the usual daily operation municipal government, an emergency is deemed to exist, and ordinance shall be in full firm shall be approved of the this force and effect upon its passage. ATTEST: City Clerk. Roanoke, Virginia January 2, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Award Architect/Engineer Contract Preliminary Design and Cost Estimate Renovation and Restoration of The Campbell Avenue Properties 118-120-122-124 Campbell Avenue, S.W. City of Roanoke, Virginia I. Back~round is as follows: Advertisement was placed in the local paper on October 15, 1989, soliciting professional services proposals from Architectural/Engineering firms for the following: "The production of contract documents from existing prelimi- nary drawings with minor study and changes, the verification of preliminary estimated cost, the advertising of the pro- ject, the reception of bids, contract administration and periodic supervision of the work performed by the contractor in the Renovation and Restoration of the Campbell Avenue Properties. The Renovation will be to accommodate three departments and their functions in the City Government. The Restoration shall be the design of the work required to restore these Historic Properties. Bo Fundin8 has been received from the Division of Historic Landmarks, Department of Conservation and Historic Resources to assist in the preservation of these properties. The City of Roanoke has agreed to the historic restoration of these properties and has agreed to prepare a National Register Nomination for the properties and to submit such nomination to the Division of Historic Landmarks. Twelve (12) firms responded to the advertisement, submitted proposals and were deemed to be qualified for the project. One firm withdrew when interview times were scheduled, due to their workload. The interview committee conducted interviews with the eleven (11) firms on November 21 and 22, 1989, with the firm of Homer and Associates, P.C., of Roanoke, Virginia, being chosen as the most qualified for this pro- ject. Page 2 II. Current situation: The selected firm was once again interviewed as to the existing preliminary drawings and cost estimate for these properties and their fee proposal for the project. Horner and Associates, P.C. had visited the properties and had met with the three departments that will use the facility. Several suggested modifications to the plans were advanced by the users. They also expressed concern over the estimated project cost, since the Virginia Historic Landmarks Board had not been consulted as to the extent of their restoration requirements and the Building Commissioner and Fire Marshal have not given a final ruling on their requirements. B. Horner and Associates have offered the following proposal for the preliminary phase of the work: Prepare preliminary drawings for the properties, accep- table to the user departments, the Fire Marshal, the Building Commissioner and the City Engineer. Employ Gibson Worsham as a restoration consultant for the preparation and presentation of the preliminary drawings to the Board of the Historic Landmarks Division and to comply with their requirements. Mr. Worsham is recognized as a preservation consultant by being listed on the Historic Preservation Consultants list compiled by the Department of Conservation and Historic Resources Division of Historic Landmarks. Employ a cost consultant to prepare an accurate estimate of the project costs once the scope of the work has been defined. This will give the City a more dependable cost estimate, especially for renovation and restoration work. Ail three of these services shall be performed on an hourly basis with the total fee not to exceed $40~600.00. This fee is within the State of Virginia Buildings and Gronnds guidelines for Architectural/Engineering services for preliminary design work for this type project using two consultants. Project scope and cost estimate at this point will simplify negotiation for remainder of fee required for contract document preparation and contract administra- tion. Page 3 III. Issues A. Qualification of firm B. Timin5 of award C. Reasonableness of fee D. Availability of funds IV. Alternatives are: Award a preliminary design contract to Hornet and Associates, P.C., to prepare preliminary drawings to meet the require- ments of the user departments and the City Engineer, to comply with the code requirements of the Fire Marshal and the Building Commissioner, to meet the requirements of the Virginia Department of Conservation and Historic Resources Division of Historic Landmarks and to provide a reliable pro- fessionally prepared estimate, on an hourly basis, as defined by the attached schedule, not to exceed the sum of $40~600.00. Qualification of the firm, and the consultants, was verified and determined during proposal review and during firm interview with the selection committee. Timin~ of award is to complete the project as near the expiration date of the present lease for the three user departments in these building. It is not anticipated that construction will be completed when the present lease expires but as near that date (November 30, 1990) as possible. 3. Reasonableness of fee has been verified based on the size and complexity of the project. Availability of funds exists in the project account, 008-002-9620-9060, Campbell Avenue Historical Properties. B. Do not award an Architectural/Engineering contract at this time. 1. qualification of firm would still have to be established prior to the award of any design contract. Timin8 of award would be delayed. This would delay the project completion date and extend the rent time for the three project user departments. Page 4 WRH/LBC/mm Attachment ce: 3. Reasonableness of fee will have to be established with any other firm selected. 4. Availabilit~ of funds would remain unobligated at this time. Recommendation is that City Council concur with the implementation of Alternatiave A. Authorize the City Manager to execute an Architectural/Engineering services contract for the approved preliminary drawings for this project on an hourly basis with the fee not to exceed $40,600.00. Additional services to complete the contract documents and project administration to be approved by City Council at a later date. Fundin8 not to exceed $40~600.00 to be encumbered in the pro- ject account No. 008-002-9620-9060, Campbell Avenue Properties. Respectfully submitted, W. Robert Herbert City Manager City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Director of Administration and Public Safety Management and Budget City Engineer Construction Cost Technician HOURLY RATES AS OF DECEMBER 1, 1989 REVISED DECEMBER 11, 1989 HORNER & ASSOCIATES Principal Project Architect Project Managers CAD Operator/Draftsmen Clerical $70.00/Hr. $50.00/Hr. $45.00/Hr. $32.50/Hr. $18.00/Hr. SOWERS & ASSOCIATES Senior Engineer Engineer Technician/Draftsmen Clerical $55.00/Hr. $45.00/Hr. $40.00/Hr. $20.00/Hr. PENNOCK ENGINEERING~ P.C. Principal Engineer No Clerical $50.00/Hr. $40.00/Hr. CONSTRUCTION ESTIMATING SERVICES OF VIRGINIA Estimator $35.00/Hr. GIBSON WORSHAM~ ARCHITECT Principal $50.00/Hr. Office of the City Clerk January 3, 1990 File #144-472 Mr. Glenn E. Barinowski Manager, Sales Correspondence Dempster Systems, [nc. P. O. Box 1388 Toccoa, Georgia 30577 Dear Ur. Barinowski: I am enclositig copy of Ordinance No. 29904-1290 accepting the bid of First Piedmont Corporation for one new 20 cubic yard rear loading Refuse body, in the amount of $23,570.00, for use by Refuse Collection Department of the City. Ordinatlce No. 29904-1290 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 2, 1990. ~n behalf of the ~ayor and ~embers of City Council, I would like to express appreciation for submitting your bid on the oboYe- described vei~icular equipment. Sincerely, ,Wary F. Parker, C~C City Clerk ,~FP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S. W Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk January 3, 1990 File #144-472 Mr. Barry Eisenberg Vice-President ~ General Manager Sanco Corporation P. O. Box 208 ~inston-Salem, North Carolina 27102 Dear Hr. Eisenberg: [ am enclosing copy of Ordinance No. 29904-1290 accepting the bid of Fulton Trucks, Inc., for one new Refuse Truck Cab/Chassis for the Refuse Collection Department of the City, in the amount of $64,937.95. Ordinance No. 29904-1290 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 2, 1990. On behalf of the ~ayor and ~embers of City Council, I would tike to express appreciation for submitting your bid on the above- described vehicular equipment. Sincerely, ~ Mary F. Parker, C.~4C City Clerk ~FP:ra Enc. Room 456 MunicipaIBuilding 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 Office of the City Clerk January 3, 1990 File #144-472 Ms. Deborah M. Beck Corporate Secretary Cavalier Equipment Corporation P. ©. Box 12507 Roanoke, Virginia 24026 Dear Ms. Beck: I am enclosing copy of Qrdinance No. 29904-1290 accepting the bid of First Piedmont Corporation for one new 20 cubic yard rear loading Refuse body, in the amount of $23,570.00, for use by the Refuse Collection Department of the City. Ordinance No. 29904-1290 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 2, 1990. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- aescribed vehicular equipment. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP:ra Enc. Room 456 Municipal Building 215 Church Avenue. S.W. Roanoke. Virginia 24011 (703) 981-2541 Office of the City Clerk January 3, 1990 File #144-472 Mr. F. W. ~elvin, Jr. President ~unicipal Sales Company, Inc. 1823 North Hamilton Street Richmond, Virginia 23280 Dear ~r. ~el¥in: I am enclosing copy of Ordinance No. 29904-1290 accepting the bid of First Piedmont Corporation for one new 20 cubic yara rear loading Refuse body, in the amount of $23,570.00, for use by the Refuse Collection Department of the City. Ordinance No. 29904-1290 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 2, 1990. On behalf of the ~ayor and ,~embers of City Council, I would like to express appreciation for submitting your bid on the above- described vehicular equipment. Sincerely, ~ ,~4ary F. Parker, C~4C City Clerk ~FP : ra Enc. Room45& MunicipalBuilcling 215Church Avenue, S.W Roanoke, Virginia 2~1011 (703)g81-2541 Office of the City Clerk January 3, 1990 File #144-472 Mr. Barry Eisenberg Vice-President & General Manager Sanco Corporation P. 0. Box 208 Winston-Salem, North Carolina 27102 Dear Mr. Eisenberg: I am enclosing copy of ©rdiaance Ho. 29904-1290 accepting the bid of First Piedmont Corporation for one new 20 cubic yard rear loading Refuse body, in the amount of $23,570.00, for use by the Refuse Collection Department of the City. Ordinance No. 29904-1290 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 2~ 1990. On behalf of the ~ayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described vehicular equipment. Sincerely, ~ ,,Mary F. Parker, CMC City Clerk MFP : r a Eno. Room456 MunicipalBuilding 215Church Avenue, S.W. Roanoke. Virginia 24011 (703)981-2541 Office of the City Clerk January 3. 1990 File #144-472 Mr. Edward Clay President First Piedmont Corporation Po 0. 8ox 1025 Chatham, Virginia 24531 Dear Mr. Clay: I am enclosing copy of Ordinance No. 29904-1290 accepting the bid of First Piedmont Corporation for one new 20 cubic yard rear loading Refuse body, in the amount of $23,570.00, for use by t~e Refuse Collection Department of the City. Ordinance No. 29904-1290 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 2, 1990. Sincerely, ,7 Mary F. Parker, C~C City Clerk MFP : ra pc: Mr. ~. Robert Herbert, City Manager Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public ~orks Mr. Donald E. Keaton, Manager, Refuse Collection Ur. George C. Snead, Jr., Director of Administratio~ Public Safety ~r. D. Darwin Roupe, Manager, General Services a ~d Room 456 Municipal Building 215 Church Avenue. $. W Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk January 3, I990 File #144-472 Mr. Dale Goss Vice-President & General Manager Johnson International Trucks, Inc. 1202 Orange Avenue, N. E. Roanoke, Virginia 24012 Dear Mr. Goss: I am enclosing copy of Ordinance No. 29904-1290 accepting the bid of Fulton Trucks, Inc., for one new Refuse Truck Cab/Chassis for the Refuse Collection Department of the City, in the amount of $64,937.95. Ordinance No. 29904-1290 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday January 2, 1990. ' On behalf of the Mayor ann Members of City Council, I would like to express appreciation for submitting your bid on the above- described vehicular equipment. Sincerely, Hary F. Parker, C~C City Clerk MFP:ra Eric, Room456 MunicipalEuilding 215Church Avenue, S.W Roanoke, Virginia 24011 (703)981-2541 Office of the City Clerk January 3, 1990 File #144-472 Mr. John S. Dickerson Sales Representative Dickerson G~C Truck-Peterbilt, P. 0. ~ox 14087 Roanoke, Virginia 24038 Inc. Dear Mr. Dickerson: I am enclosing copy of Ordinance No. 29904-1290 accepting the bid of Fulton Trucks, Inc., for one new Refuse Truck Cab/Chassis for the Refuse Collection Department of the City, in the amount of $64,937.95. Ordinance No. 29904-1290 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 2, 1990. ~n behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described vehicular equipment. Mary F. Parker, CMC City Clerk MFP:ra Enc. Room 456 MunicipaJ Building 215 Chinch Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk January 3, 1990 File #144-472 Mr. Roland J. Blake Vice President & General Manager Fulton Trucks, Inc. 1501 Shenandoah Avenue, N. Roanoke, Virginia 24017 Dear Mr. Blake: I am enclosing copy of Ordinaace No. 29904-1290 accepting the bid of Fulton Trucks, Inc., for one new Refuse Truck Cab/Chassis for the Refuse Collection Department of the City, in the amount of $64,937.95. Ordinance No. 29904-1290 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 2, 1990. Sincerely, Mary F. Parker, CMC City Clerk MFP : r a Enc. pc: Mr. ~. Robert Herbert, City ~anager Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Donald E. Keaton, Manager, Refuse Collection Mr. George C. Snead, Jr., Director of Adminstration Public Safety Mr. D. Darwin Roupe, Manager, General Services and Room456 MunicipaiBuildinej 215Church AYenue. S.W. Roanoke, Virginia 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 2nd day of January, 1990. No. 29904-1290. VIRGINIA, AN ORDINANCE accepting bids for a new refuse truck cab/chassis and refuse body; rejecting other bids; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bids in writing of the following named bidders to furnish to the City the items hereinafter set out and generally described, such items being more particularly described in the City's specifica- tions and any alternates and in each bidder's proposal, are hereby ACCEPTED, at the purchase prices set out with each item: Item Quantity and Successful Purchase Number Description Bidder Price One (1) new Refuse Truck Cab/Chassis delivered to body manufacturer and including performance bond Fulton Trucks, Inc. $64,937.95 2 One (1) new 20 cu. yd. rear First Piedmont Corporation loading Refuse body to be mounted on item #1, delivered F.O.B., Roanoke, Virginia, and including performance bond. $23,570.00 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase orders for the above- mentioned items, said purchase orders to be made and filed in accor- dance with the City's specifications, the respective bids made therefor and in accordance with this ordinance. 3. Any and all other bids made to the City for the aforesaid items are hereby REJECTED; and the City Clerk is directed to so notify to each the City's appreciation for each such bidder and to express each bid. 4. 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. Office of the City Clerk January 3, 1990 File #60-144-472 Mr. Joel ~. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 29903-1290 amending and reordaining certain sections of the 1989-90 General Fund Appropriations, providing for the transfer of $88,508.00 from Non-Departmental Contingency-General Fund, Equipment Replacement Contingency, to Public Works Refuse Collection, Vehicular Equipment, to provide funds for the purchase of a refuse truck cab/chassis and body for the Refuse Collection Department. Ordinance No. 29903-1290 was adopted by the Council af the City of Roanoke at a regular meeting held on Tuesday, January 2, 1990. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra pc: Mr. ~. Robert Herbert, City Manager Mr. William F. Clark, Director of Public ~orks Mr. Donald E. Keaton, Manager, Refuse Collection Mr. George C. Snead, Jr., Director of Ad,ninstration Public Safety Mr. D. Darwin Roupe, ~anager, General Services aad Room456 MunicipalBuilding 215Church Avenue, $. W. Roanoke, Vi[ginia 24011 (703)981-2541 AN ORDINANCE the 1989-90 General emergency. WHEREAS, for Government of the exist. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of January, 1990. No. 29903-1290. to amend and reordain certain sections of Fund Appropriations, and providing for an the usual daily operation of the Municipal City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Non-Departmental $15,446,280 Contingency - General Fund (1) ...................... 438,181 Public Works 19,001,605 Refuse Collections (2) .............................. 3,901,191 (1) Equipment Repl. Contingency (2) Vehicular Equipment (001-002-9410-2202) (001-052-4210-9010) $ (88,508) 88,508 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Roanoke, Virginia January 2, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: BIDS TO PURCHASE REFUSE TRUCK CAB/CHASSISAND BODY BID NUNBER: 89-11-21 I concur with the reco~mendation of the bid committee relative to the above subject and recommend it to you for appropriate action. DDR/klm c: City Attorney Dir. of Finance Respectfully submitted, W. Robert Herbert City Manager Roanoke, Virginia ~anuary 2, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: BIDS TO PURCHASE REFUSE TRUCK CAB/CHASSIS AND BODY BID NUMBER: 89-11-21 October 9, 1989 City Council designated funds in the Capital Maintenance and Equipment Replacement Program to provlde for the purchase of One (1) New Refuse Truck Cab/Chassis and Body. November 2. 1989 specifications and request for quotations were specifically sent to eighteen (18) truck and body suppliers currently shown on the City's bid list. A public advertisement was also published in the Roanoke Times and World News on November 5, 1989. Bids were received, after due and proper advertisement, until 2:00 p.m. on November 20, 1989, at which time all bide, so received, were publicly opened and read in the Office of the Manager of General Services. II. CURRENT SITUATION Eiuht (8) bid responses were received. Bid tabulation is attached. All bids received were evaluated in a consistent manner by representatives of the following departments: Motor Vehicle Maintenance Refuse General Services C. Bid evaluations are as follows: 1. Item 91 - One (1) new Refuse Truck Cab/Chassis. III. IV. a) The lowest bid submitted by Johnson International Trucks, Inc. took three (3) exceptions which are: (1) not low entry cab, (2) engine and (3) transmission. These exceptions are substantial and cannot be waived as informalities. b) The second low bid as submitted by Dickerson GMC Truck-Peterbilt, Inc. took an exception in the engine. The engine quoted can not produce the torque as specified· This exception also is substantial and cannot be waived as an informality. c) The third iow bid as submitted by Fulton Trucks, Inc. meets all required specifications for a total cost, including delivery and performance bond, of $64,937.95. Item #2 - One (1) new 20 cu. yd. Refuse body to be mounted on item #1. The lowest bid as submitted by First Piedmont Corporation for the total cost, including delivery and performance bond, of $23,570.00. ISSUES A. Need B. Compliance with specifications C. Fund Availability Council accept the lowest responsible bids for Refuse Truck Cab/Chassis and Body as follows: Item #1 - One (1) new Refuse Truck Cab/Chassis delivered to the body manufacture and including performance bond, as submitted by Fulton Trucks, Inc., for the total amount of $64,937.95. Item #2 - One (1) new 20 cu. yd. Refuse body to be mounted on item #1, delivered F.O.B. Roanoke, Virginia and including performance bond, as submitted by First Piedmont Corporation for the total cost of $25.570.00. Need - Requested units are necessary to continue to perform required refuse collection services. Compliance with specifications - Those bids recommended in this alternative meets all required City of Roanoke specifications. Fund availabil~t¥ - Funds are designated in the capital maintenance and equipment replacement program in the General Fund Contingency Equipment Replacement Account No. 001-002-9410-2202 to provide for this purchase. Re ect all b ds Need - The performance of the required refuse collection duties would not be accomplished in the most efficient and effective manner. Compliance with specifications would not be a factor in this alternative. Fund availability - Designated funds would not be expended. Council concur with Alter~ative "A" - accept the lowest responsible bids for refuse truck and body as follows: Item #1 - One (1) new Refuse Truck Cab/Chassis delivered to body manufacturer and including performance bond, as submitted by Fulton Trucks, Inc. for the total amount of $64, 937.95. Item #2 - One {1) new 20 cu. yd. rear loading Refuse body to be mounted on item #1, delivered F.O.B. Roanoke, Virginia and including performance bond, as submitted by F~rst Piedmont Corporation, for the total cost of $23,570.00. Reject all other bids. Transfer S88.507.95 from General Fund Contingency Equipment Replacement Account No. 001-002-9410-2202 to Refuse Department account 001-052-4210-9010 to provide for this purchase. Respectfully submitted, Committee: William F. Clark Donald E. Keaton D. Darwin Roupe ~ DDR/klm c: City Attorney Director of Finance 0 0 itl o · ,0 ~ ~) oo · ,-m .H ~ q3 ,.o 0 Office of the City Clerk January 3, 1990 File #24A-23-66-84 Mr. W. Robert Herbert City ~anager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Qrdinance No. 29905-1290 amending the Code of the City of Roanoke (1979), as amended, by enacting a new Division 3, Unlawful Exposure and Facilitating Unlawful Exposure, to Article IV, ©bscenity, of Chapter 21, Offenses Miscellaneous, such new Division 3 consisting of §§21-124, Definitions, 21-125, Unlawful exposure prohibited, 21-126, Facilitating unlawful exposure prohibited, 21-127, Location of performers providing certain forms of eatertainmeat restricted, and 21-128, Exemptions; such new Division 3 defining the crimes of Unlawful Exposure and Facilitating Unlawful Exposure, establishing penalties, providing for exemptions and regulati~g the location of certain entertainers. Ordinance No. 29905-1290 was adopted by the Council of the City of Roanoke at a r~jular meetir~g held on Tuesday, January 2, 1990. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP:ra Enc. pc: The Honorable Roy B. ~illett, Chief Judge, Circuit Court The Honorable Clifford R. ~eckstein, Judge, Circuit Court The Honorable Diane McQ. Strickland, Judge, Circuit Court The Honorable Kenneth E. Trabue, Judge, Circuit Court 305 East ~ain Street, Salem, Virginia 24153 The Honorable G. ~. Clemens, Judge, Circuit Court, P. O. Box 10~6, Salem, Virginia 24153 Room456 MunicipaiSuiiding 215Church Avenue,S.W Roanoke. Virginia 24011 (703)~81-2541 Mr. W. Robert Herbert January 3, 1990 Page 2 pc: The Honorable Philip Trompeter, Chief Judge, Juvenile aad Domestic Relations District Court The Honorable Fred L. Hoback~ Jr., Judge, Juvenile and Domestic Relatioas District Court The Honorable Joseph M. Clarke, II, Judge, Juveaile 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 Patsy Testerman~ Clerk, Circuit Court Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Mr. Ronald Albright, Clerk, General District Court The Honorable Donald S. Caldwell, Commonwealthts Attorney Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virgiaia Building, Roanoke, Virginia 24011 Mr. Bobby D. Casey, Office of the Magistrate, P. ©. Box 13867, Roanoke, Virginia 24037 ~r. George C. Snead, Jr., Director of Administration and Public Safety ~r. ~. David Hooper, Chief of Police Ms. Clayne ~. Calhoun, Law Librarian Mr. Robert ~. Laslie, Vice President - Supplements, ~unicipal Code Corporation, P. 0. Box 2235~ Tallahassee, Florida 32304 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of January, 1990. No. 29905-1290. AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by enacting a new Division 3, Unlawful Exposure and Facili- tating Unlawful Exposure, to Article IV, Obscenity, of Chapter 21, Offenses - Miscellaneous, such new Division 3 consisting of §§21-124, Definitions, 21-125, Unlawful exposure prohibited, 21-126, Facilitat- ing unlawful exposure prohibited, 21-127, Locatlon of performers pro- vidin~ certain forms of entertainment restricted, and 21-128, Exemp- tions; such new Division 3 defining the crimes of Unlawful Exposure and Facilitating Unlawful Exposure, establishing penalities, providing for exemptions and regulating the location of certain entertainers; and providing for an emergency. WHEREAS, the City Council has determined that the activities de- fined and prohibited hereinafter are detrimental to the public health, safety, morals and general welfare; and WHEREAS, the City Council finds that certain forms of public nudity including barroom type topless dancing, whether or not pre- sented in conjunction with the sale of alcoholic beverages, promote prostitution, other illegal actlvity and degrade the quality of the City's residential and business environment; and WHEREAS, the City Council intends to regulate hereinafter for the purposes of discouraging such reducing the need to expend law enforcement conduct as set forth illegal activity, resources, and protecting the quality of the City's residential and business environment without interfering with the free exchange and expression of ideas; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Article IV, Obscenity, of Chapter 21, Offenses-Miscellaneous, Code of the City of Roanoke (1979), as amended, shall be amended and reordained by the addition of a new Division 3, Unlawful Exposure and Facilitating Unlawful Exposure, consisting of new Sections 21-124, Definitions, 21-125, Unlawful exposure prohibited, 21-126, Facilitat- ins unlawful exposure prohibited, 21-127, Location of performers pro- viding certain forms of entertainment restricted, and 21-128, Exemp- tions, to read and provide as follows: DIVISION 3. Unlawful Exposure and Facilitating Unlawful Exposure §21-124. Definitions. (a) "Expressive dance" means any dance which, when considered in the context of the entire perfor- mance, constitutes an expression of theme, story or ideas, but excluding any dance such as, but not limited to, common barroom type topless danc- ing which, when considered in the context of the entire performance, is present primarily as a means of displaying nudity as a sales device or for other commercial exploitation without substan- tial expression of theme, story or ideas. (b) "Public exposure" means exhibiting or otherwise view. the act of revealing, rendering open to public (c) "Public place" means any place in which the general public has a right to be present, whether or not con- ditioned upon payment of a fee, and includes, but is not limited to, buildings open to the general public, whether or not access is restricted according to age, including those in which food or drink is served, or entertainment provided. - 2 - (d) "Unlawful exposure" means: (1) A public exposure of any portion of the human anus or genitals; or (2) A public exposure of any portion of the female breast lower than the upper edge of the areola; or (3) A public exposure consisting of touch- ing, caressing or fondling of the male or female genitals or female breasts, whether clothed or unclothed; or (4) Any other lewd act, whether publicly performed or not. §21-125. Unlawful exposure prohibited. It shall be unlawful and a Class 1 misdemeanor for any person to intentionally commit any act con- stituting unlawful exposure as defined in this Division. §21-126. Facilitatin~ unlawful exposure. It shall be unlawful and a Class 1 misdemeanor for the owner, lessee, manager, operator or other person in charge of any public place to knowingly permit, encourage or cause to be committed, whether by commission or omis- sion, any unlawful exposure upon said permises. §21-127. Location of performers providing certain forms of entertainment restricted. No entertainer shall appear in any public place while unclothed or with any portion of the buttocks, genitals, pubic region or female breasts exposed, except upon a stage or other surface raised at least eighteen (18) inches above the level of the floor upon which the closest patrons are seated or standing. No such enter- gainer shall perform closer than six (6) feet from ghe nearest patron, and any performer shall be separated from patrons by a sturdy physical barrier at least four (4) feet in height and located so as to maintain at least six (6) feet of separation between any engertainer and patrons. A violation of this section shall constitute a Class 1 mis- demeanor. §21-128. Exemptions. The prohibitions and regulations set forth in §§21-125, 21-126 and 21-127 shall not apply to any: - 3 - (a) (b) (c) (d) (e) "Expressive dance" as defined in §24-124; Play, opera, musical, or other dramatic work; Class, seminar, or lecture, conducted for a scientific or educational purpose; Nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities; Nudity or other exposure which, when considered in the context pre- sented, provides actual literary, artistic, political or scientific value and is not provided for com- mercial or sexual exploitation or with emphasis on an appeal to a prurient interest. 2. In order to provide for the public peace, health and safety an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. - 4 - WILBURN C. DIBLING, JR. CITY OF ROANOKE OFFICE OF THE CITY ATI'ORNEY 464 MUNICIPAL, LDIN, G ROANOKE, ViRGiN~01 ~ 595~ TELEPHONE 703-981-2431 January 2, 1990 WILLIAM X PARSONS MARK ALLAN WILLIAMS KATHERINE HOWE JONES STEVEN J. TALEVI ASSISTANT CITY A1TORN EY S The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Nude dancing Dear Mrs. Bowles and Gentlemen: During the past year, several troupes of male and female dancers have come to the City to perform for audien- ces admitted for a fee at various facilities. These appear- ances have received wide-spread coverage in the media. Both the male and female dancers have performed in G-strings although I am advised they have sometimes briefly exposed their genitals to further excite the audience and encourage contributions of money. Many citizens have complained that these performances adversely affect the quality of the City's residential and business environment. Therefore, I have drafted the attached ordinance to regulate this activity. The attached ordinance makes "unlawful exposure" or facilitating "unlawful exposure" a Class 1 misdemeanor. See §§21-125 and 21-126. A Class 1 misdemeanor is punishable by a fine of not more than $1,000 or by imprisonment in jail for a period not exceeding twelve months, or both. You will note that the ordinance carefully defines "unlawful exposure." See §21-124(c). In an effort to prohibit physical contact between performers and patrons, the ordi- nance regulates the location of performers. See §21-127. Legitimate First Amendment protected activities are exempted from the ordinance. See §21-128. I am of the opinion that the attached ordinance creates a constitutional and enforceable regulatory scheme. The Honorable Donald S. Caldwell, Commonwealth's Attorney, and M. David Hooper, Chief of Police, also recommend the attached ordinance for your adoption. The Honorable Mayor and Members January 2, 1990 Page 2 I shall be pleased to attempt to address any questions Council may have in this matter. With kindest personal regards, I am WCDJr:fcf Attachment Sincerely yours, City Attorney cc: W. Robert Herbert, City Manager Donald S. Caldwell, Commonwealth's Attorney George C. Snead, Jr., Director, Administration and Public Safety M. David Hooper, Chief of Police Mary F. Parker, City Clerk