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HomeMy WebLinkAboutCouncil Actions 06-11-90(30081) REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL June 11, 1990 7:30 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Mrs. Bowles was absent. The invocation will be delivered by The Reverend Lorraine Alston, Pastor, Deliverance Church Ministries. Present. The Pledge of Allegiance to the Flag of the of America will be led by Mayor Noel C. Taylor. United States PUBLIC HEARINGS Co Public hearing on the request of Ms. Laura Brown, Ms. Sharon C. Bohon, Ms. Irene B. Kemp, Ms. Georgia E. Asburry, Mr. John K. Bohon, and Mr. W. D. Asburry that a tract of land lying on Lynn Avenue, S. W., designated as Official Tax Nos. 1271811 1271815, inclusive, be rezoned from LM, Light Manufacturing District, to C-1, Office District; and that Official Tax No. 1271816 be rezoned from C-2, General Commercial District, to C-1, Office District, subject to certain conditions prof- fered by the petitioners. Mr. W. H. Fralin, Attorney. Adopted Ordinance No. 30081 on first reading. (6-0) Public hearing on the request of Southern Classic Soft Cloth Auto Wash, Inc., that a 1.5 acre parcel of land located at the northeast corner of Hollins Road and Orange Avenue, N. E., the northeast portion of which is identified as Official Tax No. 3042120, and the remaining portion bears no official tax number, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain con- ditions proffered by the petitioner. Mr. Daniel F. Layman, Jr., Attorney. Adopted Ordinance No. 30082 on first reading. (6-0) Public hearing on Amendment No. 3 to the Downtown East Redevelopment Plan, R-42, (CD-3), the impetus being (1) DJ development proposed by Norfolk and Western Railway Company for Disposition Parcel 2 located in the Downtown East Project Area. Mr. Herbert D. McBride, Executive Director, City of Roanoke Redevelopment and Housing Authority. Adopted Resolution No. 30083-61190. (6-0) Public hearing on temporarily relocating the polling place in South Roanoke No. 2 Precinct from Crystal Spring Elementary School to the Roanoke Council of Garden Clubs, Inc. Mr. Alton B. Prillaman, Secretary, Roanoke City Electoral Board. Adopted Ordinance No. 30064-61190. (6-0) C-1 C-2 C-3 CONSENT AGENDA (Approved 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DIS- CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Minutes of the regular meetings of Council held on Monday, February 5, 1990, and Monday, February 12, 1990; the special meeting held on Tuesday, February 20, 1990; the regular meeting held on Tuesday, February 20, 1990; and the regular meeting held on Monday, February 26, 1990. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. A communication from Mayor Noel C. Executive Session to discuss personnel vacancies on various authorities, boards, mittees appointed by Council, pursuant to (1), Code of Virginia (1950), as amended. Taylor requesting an matters relating to commissions and com- Section 2.1-344 (A) RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss personnel mat- ters relating to vacancies on various authorities, boards, commissions and com- mittees appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. A communication from Mr. Finn resignation as a member of the Youth effective immediately. D. Pincus tendering his Services Citizen Board, RECOMMENDED ACTION: Accept the resignation with regret receive and file the communication. and (2) C-4 Qualification of ~essrs. Howard E. ~usser, James G. Harvey, II, and William White, Sr., as members of the Council of the City of Roanoke, Virginia, for terms of four years each com- mencing July 1, 1990, and ending June 30, 1994. RECOMMENDED ACTION: Receive and file. REGULAR AGENDA Hearing of Citizens Upon Public Matters: None. Petitions and Communications: None. Reports of Officers: a. City Manager: Briefings: None. Items Recommended for Action: A report recommending that the Code of the City of Roanoke, 1979, as amended, be amended to implement cer- tain changes authorized by the General Assembly with regard to increasing the threshold for competitive pro- curement, and the opening of certain bids by a bid com- mittee to be appointed by the City Manager. Adopted Ordinance No. 30085-61190. (6-0) 2e A report recommending appropriation of $325,000.00 from the 1989~90 Capital Maintenance and Equipment Replacement Program and $91,922.00 from the General Fund Equipment Replacement Contingency Account, to a Capital Project Account to provide funds for the 460 East Fire Station construction project. Adopted Ordinance No. 30088-61190. (6-0) 3e A report recommending acceptance and appropriation of $736.38 in additional funding in connection with Grant No. 89-I-15, Roanoke City Office on Youth. Adopted Ordinance No. 30087-61190 and Resolution No. 30088-61190. (6-0) A report recommending authorization to initiate a first party billing system for Emergency Medical Services, effective July I, 1990. Concurred in the recommendation. (3) Oe A report concurring in a report of a bid committee recommending award of a contract to Health East, Inc., to provide a Billing and Collection Service for Emergency Medical Services for the period July 1, 1990, through June 30, 1991, with an option to renew for two additional years, for a flat monthly rate of $5,750.00 plus 6°5% of collections, and appropriation of funds therefor. Adopted Ordinance No. 30089-61190 and Resolution No. 30090-61190. (6-0) e A report recommending endorsement and acceptance of a grant award from the U. S. Department of Agriculture for funding the Virginia Surr~aer Food Service Program for the period June 18 through August 24, 1990, in the amount of $73,243.64. Adopted Ordinance No. 30091-61190 and Ordinance No. 30092-61190. (6-0) b. Director of Finance: A report with regard to the closeout of Community Development Block Grant Years B-86-MC-51-0020 and B-87-MC-51-0020. Adopted Ordinance No. 30093-61190. (8-0) Reports of Committees: A report of the committee appointed to tabulate bids received for asbestos abatement at 118, 120, 122 and 124 Campbell Avenue, S. W., recommending that the low bid of Strahle Construction Company, Inc., in the amount of $55,005.00 and 25 working days, be accepted; authorization to enter into a contract with Professional Service Industries, Inc., in the amount of $9,950.00, to inspect, test and certify the asbestos abatement according to State and Federal regulations; and appropriation of funds there- for. Mr. Robert A. Garland, Chairman. Adopted Ordinance No. 30094-61190 and Resolution No. 30095-61190. (6-0) A report with regard to a recommended audit fee, and the application and processing fee for bingo opera- tions. Mr. Joel M. Schlanger, Director of Finance; Mr. Wilburn C. Dibling, Jr., City Attorney; and Mr. Donald S. Caldwell, Commonwealth Attorney. Action on the proposed Ordinance with regard to enact- ment of Section 21-72 Audit of Reports; fee, was deferred until the next regular meeting of Council on Monday, June 18, 1990. (4) 10. Adopted Ordinance No. 30096-61190, with regard to Application and Processing Fees. (6-0) A report of the Director of Finance recommending creation of a new position to monitor the new Bingo/Raffle Ordinances and that funds be appropriated therefor. Adopted Ordinance No. 30097-61190. (6-0) Unfinished Business: None. Introduction and Consideration of Ordinances and Resolutions: Ordinance No. 30070, on second reading, amending and reor- daining §2-66, Unclassified and classified services generally; original appointments; probation, Code of the City of Roanoke (1979), as amended, by the addition of a new subsection (bl), such new subsection providing that upon approval of the State Department of Social Services, employees of the City's Department of Social Services shall be governed by the provisions of Chapter 2, Administration, Code of the City of Roanoke (1979), as amended, except to the extent of any inconsistency between provisions of such Chapter and provisions of the Code of Virginia (1950), as amended. Adopted Ordinance No. 30070-61190. (6-0) Ordinance No. 30080, on second reading, authorizing a license and access agreement with Car(lion Health Systems for City-owned property adjacent to Roanoke Memorial Hospital upon certain terms and conditions. Adopted Ordinance No. 30080-61190. (6-0) Motions and Miscellaneous Business: Inquiries and/or comments by the Mayor and Members of City Council. b. Vacancies on various authorities, boards, commissions and committees appointed by Council. Reappointed the following persons: Ms. Anita J. Hammerstrom - Youth Services Citizen Board Mr. Thomas H. Miller - Youth Services Citizen Board Appointed Dr. Ruth S. Appelhof to the Roanoke Arts Commission. Other Hearings of Citizens: Certification of Executive Session. (6-0) (5) June 13, 1990 File #178 Mr. Herbert D. ~cBride Executive Director Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N. ~. Roanoke, Virginia 24017 Dear Mr. McBride: I am enclosing copy of Resolution No. certain amendment, being Amendment No. Redevelopment Plan for Project No. VA. 30083-61190 was adopted by the Council of a regular meeting held on Monday, June 11, Sincerely, Mary F. Parker, CMC/AAE City Clerk 30083-61190 approving a 3, to the Downtown East R-42. Resolution No. the City of Roanoke at 1990. MFP:ra Enc. pc: Mr. Michael M. Wa ldvogel, Chairman, City Planning 3526 Penarth Road, S. ~., Roanoke, Virginia 24011 Mr. ~. Robert Herbert, City Manager Mr. ~illiam F. Clark, Director of Public Works Mr. John R. Marlles, Chief of Community Planning Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner Commission, Room 456 Municipal BUllC~ing 2t5 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, lhe llth day of June, 1990. No. 30083-61190. A RESOLUTION approving a certain amendment, being Amendment No. 3, to the Downtown East Redevelopment Plan for Project No. VA. R-42. WHEREAS, the Council of the City of Roanoke, Virginia, by Resolu- tion No. 18045, adopted on March 11, 1968, approved a redevelopment plan for the Downtown East Redevelopment Project, which plan was sub- sequently amended by Amendment Nos. 1 and 2, approved by Council on Au§ust 20, 1973, by Resolution No. 21092, and on November 24, 1980, by Resolution No. 25381, respectively. WHEREAS, the City of Roanoke Redevelopment and Housing Authority has recommended that certain amendments be made to the aforesaid redevelopment plan, and its Board of Commissioners has approved a revised plan entitled "Redevelopment Plan, Downtown East Redevelop- ment Project, Project VA. R-42 (CD-3), Rev. March, 1990", and for- warded it to Council for approval. WHEREAS, the City's Planning Commission considered the proposed amendments to the Downtown East Redevelopment Plan at its meeting on June 6, 1990, and has recommended approval of the plan as revised by certain amendments set out generally in the report of the Planning Commission dated June 11, 1990. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The amended plan entitled "Redevelopment Plan, Downtown East Redevelopment Project, Project VA. R-42, Rev. March, 1990", which incorporates certain amendments, being Amendment No. 3, having been duly considered is hereby APPROVED. 2. The City Clerk be and is hereby directed to file a copy of the aforesaid redevelopment plan with the permanent records of the City. ATTEST: City Clerk. Roanoke Cily Planning Commission June 11, 1990 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Amendment No. 3 to the Downtown East Redevelopment Plan On Wednesday, June 6, 1990, the Roanoke City Planning Commission was briefed by Mr. H. Wesley White, Jr., Land Planning/Subsidized Housing Director with the Roanoke Redevelopment and Housing Authority (RRHA) on the proposed amendments to the Downtown East Redevelopment Plan. During his presentation, Mr. White advised the Commission that the proposed amendments to the text of the redevelopment plan were intended to bring the building and lot requirements and supplementary regulations into conformity with the City's existing zoning regulations which became effective in May, 1987. In his report to the Planning Commission, Mr. John R. Marlles, Chief of Community Planning, recommended approval of the request noting that the proposed amendments eliminated the duplication of standards that currently exist. Mr. Marlles also noted that several amendments to the redevelopment plan dealing with maximum permitted building height and curb-cut requirements necessary to permit the construction of the proposed Norfolk-Southern Office Building would be addressed by the proposed revisions. No one was present to speak in opposition to the requested amendments. After discussion of the matter, the Planning Commission voted 5-0 (Mrs. Goode abstaining and Mr. Bradshaw absent) to recommend to City Council that the proposed amendments to the Downtown East Redevelopment Plan R-42 (CD-3) be approved. Sincerely, Michael M. Waldvogel, Chairman Roanoke City Planning Commission Room 355 Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 (703) 9B1-2344 MMW:JRM:mpf cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Executive Director, RRHA RCAN~K~ TI¥~5 ~ ~l NUMBER - PUBLISHER'S 52303576 FEE CITY OF ROANOKE C/O MARY F PARKER CITY CLERKS OFFICE ROOM 456 MUNICIPAL ~LDG ROANOKE VA 24011 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION Is (THE UNDERSIGNED) AN AUTHORIZED REPRESENTATIVE OF THE TIMES-WORLO CUR- PORATIONs WHICH CORPORATION IS PU6LISHER OF THE ROANOKE TIMES & WORLO-NEWSs A DAILY NEWSPAPER PUBLISHED IN ROANOKE, IN THE STATE OF VIRGINIAs O0 CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 05/25/90 MORNING 06/01/90 MORNING WITNESSs~H.J~S 4TH DAY OF JUNE lggO AUTHORIZED SIGNATURE NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, June 11, 1990, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers in the Municipal Building, 215 Church Avenue, S. W., on the request of the City of Roanoke Redevelopment and Housing Authority to amend the text of the Downtown East Redevelopment Plan (Amendment No. 3) for Downtown East Project Area in order to permit certain commercial uses in a certain portion of the redevelopment area. A copy of the Plan as it is proposed to be amended is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. Ail parties in interest and citi- zens may appear on the above date and be heard on the questions. GIVEN under my hand this 23rd day of May, 1990. Mary F. Parker, City Clerk Please publish in full twice, once on Friday, May 25, 1990, and once on Friday, June 1, 1990, in the Roanoke Times and World News, Morning Edition. Please send publisher's affidavit to: MS. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Please bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY 2624 SALEM TURNPIKE, N. W P.O BOX 6359 HERBERT D. McBRIDE EXEEUTIVE DIRECTOR TELEPHONE (703) 983 9281 May 30, 1990 Mayor Noel C. Taylor and Members of Council Municipal Building 215 Church Ave., S.W. Roanoke, VA 24011 Re: Approval, Amendment No. 3 to the Downtown East Redevelopment Plan R-42 (CD-3) Dear Mrs. Bowles and Gentlemen: On May 23, 1990, the City of Roanoke Redevelopment and Housing Authority held a Public Hearing on Amendment No. ~ to the Downtown East Redevelopment Plan. The Authority's Board of Commissioners approved the Amendment on May 29, 1990. Transmitted herewith are copies of the Amendment No. ~ and Map Exhibits as approved by the Authority's Board. The Plan has been amended for the purpose of bringing the text into conformance with the City of Roanoke Zoning Ordinance by replacing existing Paragraph 3 (Building and Lot Requirements) and 4 (Supplementary Regulations) of Section C of the Plan with new Paragraphs 3 through 8 in Section C. The specific impetus for these changes is the development proposed by Norfolk and Western Railway Company for Disposition Parcel 2 located in the Downtown East Redevelopment Project Area which could be approved with the special exception under the Zoning Ordinance but not under the existing Redevelopment Plan because of a proposed building height in excess of 150 feet and a proposed curb-cut along Church Avenue in excess of 35 feet. A Public Hearing on Amendment No. ~ has been scheduled for the June 11, 1990 City Council Meeting. We respectfully request that City Council consider and approve Amendment No. ~ at its meeting on June 11, 1990. Mayor Taylor and Members of Council May 29, 1990 Page 2 If Members of Council have any questions regarding the Plan prior to the meeting, please do not hesitate to contact Mr. Wesley White, at 983-9204. Members of the Authority's staff will be available at the meeting to answer any questions that may arise. Ve~ truly yours, Herbert D. McBride Executive Director HDM/shs cc: W. Robert Herbert Wilburn C. Dibling, Jr. Joel M. Schlanger P.~DS~LOPM~NT PLAN DOWNTOWN EAST P~D~-~ELOPMENT PROJECT P~0J~CT VA. R-42 P.~VISED JUNE, 1980 F. Procedures for Chan~es in Approved Plan · Exhibi~ A: Boumdary DescripTion VA, R-42 Revised Page 2 Description of Project 1. Boundaries of Redevelopment Pro,eot The boundaries of the Redevelopmeut Project are shown on the Boun- dar), and Land Acquisition Map, No. 3, herewith submitted as part of this Redevelopment Plan, and are further described in Exhibit A, Boundar), Description, of this Redevelopment Plan. Redevelopment Plan 0b~ectives The objectives of the Redevelopment Plan for the Downtown East Redevelopment Project comprise the following: a. To plan for the acquisition and removal of buildings or improvements which by reason of dilapidation, obsolescence, overcrowding, faulty arrangement of design, lack of venti- lation, light, and sanitaz7 facilities, excessive land coverage, deleterious land use or obsolete layout, or a combination of these or other factors, are detrimental to the safety, health, morals, or welfare of the community; the Downtown East project area encompasses a blighted area which contains 38 dilapidated buildings, 2 obsolete build- ings, and 4 buildings the use of which is deleterious to surrounding uses. To plan for the acquisition of other property for the pur- poses of removing, preventing, or reducing blight, blight- ing factors, or the cause of blight, which in the Downtown East project area includes the removal of the industrial uses which are incompatible with the function of this area near the core of downtown. VA. R~42 Revised Page $ c. To plan for ~he acquisition of proper~¥ where the diverse ownership, the street and lot layouts, or other conditions prevent a proper development o£ the proper~y and where acquisition o£ the proper~y is 4~cessary to carry out the redevelopment plan; the Downtown East project area contains 15 proper=les which must be acquired to assemble su£ficienc land for proper development or to carry out the land uses and the public improvements contemplated in the redevelop- ment plan. d. To provide land for the private redevelopment o£ uses which will support and strengthen the functions of downtown, par- ticularl¥ =he downtown core and the City Market area, includ- ing the following: 1) parking £acilities to serve the downtown core, the City Marke= area, and the uses to be redeveloped in the Project Area. 2) retail, motel and office uses suitable for this critical location between Jefferson Street (one of the main shopping streets) and Interstate Highway 58I, and which provides a suppor=ing link between the City Market area and the Com-,r~ity Hospital of Roanoke Valley. $) housing close co the downtown core. e. To carry forward proposals for the establishment o~ a down- down traffic loop system by ex=endin~ Pirst Street and widenin~ Tazewell Avenue, and to provide a pedestrian walk- way from the City ,~arket area to Elmwood Park. VA. Revised Page Ty~.es of Pro.oosed Renewal Actions All of the real property within the project area will be completely acquired and cleared with the exception of certain street and alley rights-of-way. The existing buildings will be removed and all real property will be disposed of to private enterprises or public agen- cies in accord with the provisions of this Redevelopment Plan. The redevelopment of the project area will provide for commercial uses, hotels and motels, parking facilities, offices, public or semi- public uses, or housing. The street system will be improved and new storm drains will be constructed. Ail utilities will be placed underground. Land Use Plan The land use to be permitted in the project area and the regulations to which they shall be subject are specified below. These regulations are imposed in order to insure the satisfactory redevelopment of the project area in accordance with t_he objectives of t_he Redevelopment Plan. 1. Land Use Ma.D The areas within which the specified uses are permitted and the location of all streets are identified on the Land Use Ma.D, NO. 2. The use areas include a L~m~ted Commercial and Residential area and a Commercial, Transient Accomodaticns and Residential area. 2. Pe.--mitted Land Uses The uses listed under each of the following land use areas shall be the only uses permitte~ in that area. a. Limited Commercial and Residential 1) retail stores, sales and display rooms; VA. R-42 Revised Page 5 2) eating and drinking establishments, except drive-in; 3) personal service establishments such as barber and beauty shops; 4) business service and repair establishments, excluding filling stations; 5) banks and other financial services; 6) coemercial recreation such as theaters and bowling alleys; 7) offices, studios, clinics and laboratories; 8) accessory uses customarily incidental to the above uses, including parking; 9) multi-family dwellinqs. Commercial, Transient Accomodations and ~sidential i) all uses permitted in the Limited Coemercia! area; 2) hotels and motels; 3) parking garages; 4) public and semi-public uses; 5) accessory uses customarily incidental to hotels and motels, such as newsstands, private clubs, and recrea- tion facilities; 6) Multi-fam~ ly dwellings, including high-rise apartments. Building and Lot Requirements a. Table of Requirements The requirements listed in t_he following table shall govern the height and bulk of buildings, lot areas, and lot coverage. VA. R-42 Revised Page 6 Land Use Area L~m{ted Commercial and P~sidential Multi-f~m~ly Building Other Buildings Comercial, Transient Accomodations and ~esidential b. Floor-Area Maximum Building Landscaped Open P~atio Height S~ace Ratio 2.0 35 feet 4.0 to 1.0 150 feet 0.2 2.0 to 1.0 35 feet - 6.0 to 1.0 150 feet 0.2 Definitions and Detailed Requirements 1) Floor-Area Ratio: This requirement sets the maximum square footage of total floor area permitted for each square foot of land area. "Total floor area" is defined as all floor space within structures except parking space (provided that parking is not the principal use of t. he parcel). Recreational or parking use of the roof of a structure is not included in the computation of total floor area. "Land area" is defined as the total area between the proper~y lines of the lot. 2) Buildin~ Height: Belfries, cupolas, domes, fire escapes, flag poles, transmission towers, and siml- lar building accessories shall be permitted to exceed the specified maximum height. Bul'.~heads, cooling towers, elevator enclosures, skylights, stage towers, and water tanks shall be pe.'-mit=ed to exceed ~he specified maximum height. Ail building accessories located on the roof area shall be screened to be compatible with appearance of ~he st----act=re. VA. R-42 Revised Page 7 Landscape Open Space Ratio: This requirement sets the minimum square footage ~ ~ ..... ~ .... required for each square foot of floor area as com- puted for the floor-area ratiO. "Landscaped open space" is defined as all uncovered outdoor area not used for parking or driveways, and may include the roofs of structures if such open space consists of usable landscaped areas, which may include recrea- tional facilities such as swimming pools, and if designed as a pleasing area suitable to the use of the structure. Requirements for ~lti-Family Buildings: The maxi- mum coverage of the lot by all buildings shall not exceed 80 percent except that landscaped open space at or above the second floor level may be substituted for uncovered lot area and permit up to 100 percent coverage by buildings. Parts of a multi-family resi- dential building, if located in the Limited Commer- cial and Residential area, may be used for offices, provided that the total floor space so used does not exceed the floor space that is permitted by the requirements for "other buildings" in the Limited Commercial and Residential area. In ali cases, the requirements of the '~inimum Pro- perry Requirements' for Properties of Three or F~re Living Units," F.H.A., March 1961 shall govern, VA. R-a2 Revised Page 8 according to Section 24 of the Zoning Ordinance of the City of P~anoke, 1966. Supplementary P~u~ ations All structures, lots and uses 'in the project area shall be sub- ject to the following additional requirements. a. Parkin~ S.Dace The parking spaces shall be provided for each use according to the following additional requirements: 1) Each parking space shall have an area of not less than 300 square feet, including entry, egress, and maneuvering space. 2) A parking lot having more than 5 spaces and abut- ting on a street right-of-way shall have a planting strip not less than six feet in width between the parkinq area and the street right-of-way, which shall be planted in grass, trees, or shrubs; or alternatively, such a parking lot shall be ecreened by a solid wood or masonry fence not less than 5 feet in height which shall be set back at least 3 feet from the street right-of-way. VA. R-42 P~vised Page 9 3) A parking lot having more than 20 spaces shall be designed to include trees and o~her pian:ing =o shade and beautify the lot. b. Loadin~ S?ace Every building shall provide off-street truck-loading berths in accordance with the following requirements: 1) Each building, t~he dominant use of which is handling and selling goods at retail shall provide one berth for each 10,000 square feet of floor space over 3,000 square feet; to a m~imum of four berths. 2) Ail other buildings, including offices and motels, hut excluding parking garages, which ~have over 10,000 square feet of floor space shall provide one berth. 3) Each berth shall be large enough to permit truck parking completely within property lines and shall include no parking space. c. Signs 1) Signs shall be permitted for each land use according to the following requirements: VA. R-42 Revised Page iQ Hotel or Motel Commercial Uses Offices, Clinics, and Non-profit organizations Parking Multi-family Residences Maximum Area of Each Si~n 100 sq. ft. 40 sq. ~t. Maximum Number of Signs I for each frontage on a public street 1 for each frontage on a public street 20 sq. ft. 20 sq. ft. 40 sq. ft. 1 for each frontage on a public street 1 per each entrance or exit 1 per structure 2) A sign is hereby defined as a single display surface device containing elements organized, related, and composed to form a unit, for the purpose of conveying information about the premises or goods or services offered on the premises. The area Of a sign shall be the entire area within a regular geometric form or a combination of such forms comprising all of the display area of the sign and including all elements of the matter displayed. 3) Ail signs shall be affixed to the structure to which they pertain and shall ex~end no more than one foot from the wall, with the VA. R-42 P~vised Page 11 following exceptions: a) one projecting sign shall ~.. .... =_.__..._~-~ on each face of a buildigg £ronting on a public street; b) such a projecting sign shall extend no more than three feet £rom the wall and no higher than 20 feet or =he building height, whichever is lower, except that a projecting sign on a building higher than three stories shall ex'tend no more than five feet from the wall and no higher than thirty feet. ~) Ill,~nation on signs shall be shaded, di£fumsed, or concealed so that the lighting will not interfere with the vision of motor vehicle operators, and no flashing or moving light shall be permitted. Curb Cuts No part of a driveway leading from a public street shall be nearer than 20 feet to the street line of any intersecting street or nearer than 10 fee= to the end of a curb circle at an intersecting street, nor shall the driveway be nearer than three feet to a fire hydrant, catch basin, or end of curb circle at an intersecting alley, nor shall the driveway be nearer than 15 feet to any par~ of another driveway. The width of any driveway leading from a public street shall not exceed S$ fee~ at the'curb line or 25 feet at the street line. VA. R-42 Revise~ Page 12 e. Landsca~in~ Any land in the project area not covered by paving or struc- tures shall be landscaped with trees and other plantings. Areas which are within street rights-of-way but not used for street or sidewalk pavements shall be paved or landscaped. f. Special Re .auirem~nts for the Co~ercial, Transient Accomodations and Residential Area 1) Pedestrian Walkway: within the area identified as Com- mercial, Transient Aooomodations and Residential, a pedestrian walkway shall be maintained within the scope of the development which will allow pedestrian movement between Church Avenue and Tazewell Avenue. Public access from Church Avenue and Tazewell Avenue onto this pedestrian walkway should be in the pro~im{ty of existing Pirst Street. q. Air ~i~hts Air rights for pedestrian walkways across Tanewell Avenue will be allowed, however, no surface rights within the Tazewell Avenue right-of-way will be provided for foundations and suppor%ing columns. Additional approvals must be obtained by the developer VA. R-42 Revised Page 13 from the City of Roanoke and the State of Virginia, before such walkways can be constructed. Utility Easements No structures shall be erected'oA utility easements. Tinting The provisions established above and any amendment thereto, shall be in effect from the date of appvoval by Council of the City of Roanoke, Virginia and shall remain in effect for a period of 2S calendar years from that date. 6. Controls to be Applied to Property not Acquired There are no properties not to be acquired within the project area. Pro~ect Proposals 1. Land Acquisition a. The Boundary and Land Acquisition ,~fap No. $, herewith submitted as part of this Redevelopment Plan, indicated those properties to be acquired for clearance and redevelopment and for the pro- vision of public facilities. b. Condition for Acquisition or Exemption from Acquisition of Properties Not-to-be-Acquired Since there are no properties not-to-be acquired, this section is not applicable. c. Statement of S~ecial Conditions for Exemption from Acquisition The City of Roanoke Redevelopment and Housing Authority may exempt from acquisition any property which, in its judgement can be made by the owner to conform to all of the land use pro- visions and buildin~ requirements set forth herein, and when VA. R-42 Revised -- Pa~e 14 acquisition of such property is not necessary to carry out the objectives of the Redevelopment Plan. Redeveloper' s Obligations The City Of P~anoke Redevelopment and Housing Authority, in disposing of the land in the Project Area to be redeveloped by private or public parties, shall, in contracts or deeds or other instruments with such parties, include such terms or conditions as in the judgment of the Authority are necessary to carry out the objectives of the Redevelop- ment Plan. Such provisions shall be contained in such contracts, deeds or other instruments irrespective of their duplication of requirements of existing or proposed zoning ordinances, or other local laws or regulations witch repsect to the Project Area, so that such obliga- tions may operate independently of such zoning and other laws or regulations. In ail instances, the contracts, deeds, or other instruments between the City of Roanoke Redevelopment and Housinq Authority and the redevelopers shall obligate the purchasers of land in the project area, and their successors in interest to: a. Devote the parcels owned by them only for the purposes and in the manner specified in t~he Redevelopment Plan, and to that end, the City of Roanoke Redevelopment and ~ Housing Authority may require review and approval of site redevelopment plans. b. The City of Roanoke Redevelopment and Housing Authority specifically reserves T.he riqht to review and approve the developer' s detailed plans, final working drawings, VA. R-42 Revised Page 15 sad specifications sad to this end may establish a Design Review Panel to evaluate the redeveloper's plan and to recommend modifications when necessary. c. Begin and complete the construction of improvements a~reed u~on in the land disposition contract within a reasonable time as determined in the contract. d. Retain the interest acquired until the completion of constz~ction and development of the area acquired in accordance with this plan, and shall not sell, lease, or transfer the interest acquired or any part thereof, prior to such completion of construc- tion and development without the written consent of the City of Roanoke Redevelopment and Housing Authority. e. Not effect or execute any agreement, lease, conveyance, or other instrument whereby the property or any part thereof is restricted on the basis of race, religion, color, or national origin in the sale, lease, or occu- pancy thereof, and to comply with all state or local laws in effect from time to time prohibiting discri- mination or segregation by reason or r~ce, religion, color, or national origin in the sale, lease or occupancy of the property. ~ndereoTound Utility Lines All utility lines in the Project Area shall be placed underground. VA. R-42 Revised Page 16 Other Provisions Necessary to Heet State and Local Requirements This Redevelopment Plan is based on the provisions of the Virginia Housing Authorities Law and of the Re~ulatioqs of the City of Roanoke. lowing requirements have been met: i. The fol- Conformance to Comprehensive Plan The Redevelopment Plan for the Downtown East RedevelJpment Project conforms to the recommendations of the Development Plan for Roanoke. Relationship to Local Objectives The Redevelopment Plan contributes to the realization of the fol- lowing local objectives: a. To acquire blighted or deteriorated areas which are detri- mental to the safety, health, morals, or welfare of the community, and to acquire other real property for the purpose of removing, preventing, or reducing blight, blighting factors, or the cause of blight. The project area contains 56 structures of which 38 were found to be dilapidated by a survey of the interior and exterior of all structures. The project area unquestionably con- stitutes a blighted or deteriorated area as defined in the Virginia Housing Authorities Law and the proposed clearance of the project area constitutes the removal of blight or blighting factors permitted by that Law. To suppor~ and strengthen the downtown core and the City Market area by eliminating incompatible land uses, by providing for new and more appropriate uses, and by improv- ing traffic movement within the downtown area. VA. R-42 Revised Page 17 c. To remove impediments to land disposition and development in a critical area between one of the main shopping streets and the new Interstate Highway S81. Proposals for Land Use, Buildin~ R6quirements and Land Disposition The Redevelopment Plan indicates proposed land uses and building requirements in the project area and indicates the area to be made available for private enterprise and to public enterprise for redevelopment. Relocation The Redevelopment Plan indicates the following methods of relocating residents: The temporary relocation of persons living in the area; and Providing decent, safe and sanitary dwellinls in the City of Roanoke substantially equal to the number o£ substandard dwellings to be cleared for the area, at rents within the financial reach of the income groups displaced from such substandard dwellings ~s follows: 1) The City of Roanoke Redevelopment and Housing Authority will comply with applicable State and Federal laws and will administer relocation procedures by using exper- fenced Authority personnel. 2) A f~m~ly-by-family survey, together with a survey of single persons and commercial establishments, will be conducted and the data obtained will be compiled by the Authority staff immediately prior to or at the time of acquisition. VA. R-42 Revised Page 18 3) Listings from newspaper advertisements and realtors of available rental units will be kept current by the Authority staff. Th? e.~isting turnover of public housing units will be-sufficient to perma- nently or temporarily rehouse all other families and single persons who will be displaced. The City of Roanoke Redevelopment and Housing Authority will consider a dwelling unit to be decent, safe, and sanitary when it: 1} is in conformity with applicable provisions of local codes and ordinances governing existing str~ctures. 2} is in good repair, weather-tight with no dampness or leakage. 5) contains for the exclusive use of the famAly, bathroom facilities, adequately ventilated, with a lavatory, bathtub or shower and flush toilet, all sewer-connected and with a supply of hot and cold running water. contains a kitchen with a sink and cook stove or utility connection for such stove. has safe flue-connected heating facilities and adequate and safe electrical service. has a window opening directly to the outdoors in each living room bedroom and kitchen, lin 4) VA. R-42 Revised Page 19 the event a kitchen has no such window an oper- able mechanical ventilating device is deemed to be adequate.] 7] has sufficient space and rooms in adequate proportion to provide privacy and to avoid overcrowding. If any dwelling unit into which a f~m~ly relocates is not cent, safe and sanitary, such relocation will be regarded as temporary. The Relocation Staff of the Authority will offer the family So relocated further assistance in obtaining dard acco~odations. Families and single persons will be advised in writing and by personal interview regarding the relocation procedures. All quarters available or used for relocation of persons will be personally inspected by the Relocation Staff of the Authority with respect to cooperating in their relocation. The site families and single persons will be notified personally and in writing in order that the Authority is assured that proper notification has been issued. Legal eviction will be undertaken against occupants of acquired property only as a last resort and shall be undertaken in case of: l] s) 4) Failure to pay rent. Maintaining a nuisance or using the premises for illegal purposes. A material breach of rental agreement. Refusing to admit a member of the Authority Relo- cation staff. VA. R-42 Revised P~ge 20 6) Situations requiring eviction under State or local law. Site families, individual householders and commercial estab- lishments will be compensated ~or moving expenditures and/ or direct loss of personal proper=y. In no event, will such payments exceed the maximum amounts permitted by Pederal Re/ulations governing Relocation Grant payments. The relocation schedule will be contingent upon the acqui- sition of property and cooperation of the owner or tenant occupying the premises, It will be administered in a man- ner to prevent undue hardship to any occupant. Procedures for Changes in Approved Plan The Urban Renewal Plan may be modified at any time by the City of Roanoke Redevelopment and Housing Authority, with the consent of the City Council, provided that, if modified a~er the lease or sale of real property in the Project Area, the modification shall be conditioned upon the approval of the owners, leasees, or successors in interest o£ any property adversely a££ected by such modification, and in any event shall be subject to such rights aC law or in equity as a leasee or purchaser, or his successor or successors in interest, may be entitled to assert. Where the proposed modification will substantially change the Redevelopment Plan as pre- viously approved by the Authority, the modification shall be formally approved by the Authority as in the case of the original plan. VA. R-42 Revised Page 21 EXHIBIT A BOUNDA~Y DESCRIPTION Beginning at a point on the south side o~ Elm Avenue, S.E., and First Street, S.E., at the intersection of a line ~x~ended from the west side of First Street, S.E., southerly to its intersection with the south side of Elm Avenue, S.E.; thence continuing easterly to the western boundary of the Norfolk and ~¥estern Railway right-of-way; thence nol~herly along the western boundary of the Norfolk and Western right-of-way line to a point at which a line extended from the northerly side of Kirk Avenue, S.E., intersects the easterly side of Second Street, S.E.; thence westerly along the line extended from the northerly side of Kirk Avenue, S.E., and continuing westerly along the northerly side of Kirk Avenue, S.E., a dis- tance of approximately 100 feet west of Second Street, S.E., to the northerly side of Church Avenue, S.£.; thence westerly along the northerly side of Church Avenue, S.E., to a point approximately 170 feet from the easterly side of Jefferson Street; thence southerly crossing Church Avenue on a line along the westerly side of the alley which intersects with Luck Avenue, $.E., between Jefferson Street and First Street, S.E., continuing southerly along the westerly side of the said alley to Luck Avenue; thence, westerly along the northerly line of Luck Avenue extended to the westerly line of Je£ferson Street; thence southerly along the westerly side of Jefferson Street to a point south of the southerly line of Tazewell Avenue, S.E., at which a line extended from the southerly property line of the Second property south of Tazewell Avenue, S.E., fronting on the easterly side of Jefferson Street; thence easterly along said property line to which the westerly side of an alley is approximately 138 feet east of Jefferson Street; thence southerly and easterly Along the westerly and southerly side o~ said alley to a point which is approximately 220 feet from the westerly side of First Street, S.E.; thence, southerly leaving said alley with a property line crossing Bullitt Avenue approximately 216 ~eet to a point on the northerly property line of Elmwood Park; thence, easterly along said property line to the southwest corner of Bullitt Avenue and First Street; thence, in a southerly direction with the eastern line of Elmwood Park crossing Elm Avenue to the point of the B£GINNING. II _LEGEND LAND USE MAP REDEVELOPMENT PLAN DOWNTOWN EAST REDEVELOPMENT PROJECT VA. R-42 (CD-3) AMENDMENT NO. 3 REVISED MARCH, 1990 CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY DOWNTOWN EAST REDEVELOPMENT PROJECT REDEVELOPMENT PLAN Do Table of Contents: The Redevelopment Plan for the Downtown East Redevelopment Project consists of the following pages of text and maps: Description of Project 1. Boundaries of Redevelopment Project 2. Redevelopment Plan Objectives 3. Types of Proposed Renewal Actions Land Use Plan 1. Land Use Map. No. 2 2. Permitted Land Uses 3. Building and Lot Requirements 4. Special Regulations 5. Supplementary Regulations 6. Special Requirements for the Commercial, Transient Accommodations, and Residential Area 7. Development Plan Review 8. Timing 9. Controls to be Applied to Property Not Acquired Project Proposals 1. Land Acquisition Boundary_ and I_and Acquisition Map. No. 3 2. Redeveloper's Obligations 3. Underground Utility Lines Other Provisions Necessary_ to Meet State and Local Requirements 1. Conformance to Comprehensive Plan VA. R42 (CD-3) Revised 3/90 2. Relationship to Local Objectives 3. Proposals for Land Uses, Building Requirements, and Land Disposition 4. Relocation Procedures for Changes in Approved Plan Exhibits Exhibit A: Boundary Description Land Use Map, Map No. 2 Land Acquisition and Boundary Map, Map No. 3 2 VA. R42 (CD-3) Revised 3/90 Description of Pro_iect 1. Boundaries of Redevelopment Proj¢~ The boundaries of the Redevelopment Project are shown on the Boundary and Land Acquisition Map, No. 3, herewith submitted as part of this Redevelopment Plan, and are further described in Exhibit A, Boundary_ Description, of this Redevelopment Plan. 2. Redevelopment Plan Ob_iective,s The objectives of the Redevelopment Plan for the Downtown East Redevelopment Project comprise the following: a. To plan for the acquisition and removal of buildings or improvements which by reason of dilapidation, obsolescence, overcrowding, faulty arrangement of design, lack of ventilation, light, and sanitary facilities, excessive land coverage, deleterious land use or obsolete layout, or a combination of these or other factors, are detrimental to safety, health, morals, or welfare of the community; the Downtown East project area encompasses a blighted area which contain~ 38 dilapidated buildings, 2 obsolete buildings, and 4 buildings the use of which is deleterious to surrounding uses. b. To plan for the acquisition of other property for the purposes of removing, preventing, or reducing blight, blighting factors, or the cause of blight, which in the Downtown East project area includes the removal of the industrial uses which are incompatible with the function of this area near the core of downtown. c. To plan for the acquisition of property where the diverse ownership, the street and lot layouts, or other conditions prevent a proper development of the property and where acquisition of the property is necessary to carry out the redevelopment plan; the Downtown East project area contains 13 properties which must be acquired to assemble sufficient land for proper development or to carry out the land uses and the public improvements contemplated in the VA. R42 (CD-3) Revised 3/90 redevelopment plan. d. To provide land for the private redevelopment of uses which will support and strengthen the functions of downtown, particularly the downtown core and the City Market area, including the following: 1) parking facilities to serve the downtown core, the City Market area, and the uses to be redeveloped in the project area. 2) retail, motel and office uses suitable for this critical location between Jefferson Street (one of the main shopping streets) and Interstate Highway 581, and which provides a supporting link between the City Market area and the Community Hospital of Roanoke Valley. 3) housing close to the downtown core. e. To carry forward proposals for the establishment of a downtown traffic loop system by extending Williamson Road and widening Franklin Road, and to provide a pedestrian walkway from the City Market area to Elmwood Park. 3. Tvp_ es of Proposed Renewal Actior~ All of the real property within the project area will be completely acquired and cleared with the exception of certain street and alley rights-of-way. The existing buildings will be removed and all real property will be disposed of to private enterprises or public agencies in accord with the provisions of this Redevelopment Plan. The redevelopment of the project area will provide for commercial uses, hotels and motels, parking facilities, offices, public or semi- public uses, or housing. The street system will be improved and new storm drains will be constructed. All utilities will be placed underground. Land Use Plan The land uses to be permitted in the project area and the regulations to which they shall be subject are specified below. These regulations are imposed in order to insure the satisfactory redevelopment of the project area in accordance with the objectives of the Redevelopment Plan. VA. R42 (CD-3) Revised 3/90 4 o The areas within which the specified uses are permitted and the locations of ail streets are identified on the Land Use Map. No. 2. The use areas include a I.irrdted Commercial and Residential area and a Comraercial, Transient Accommodations and Residential area. ]~rr~tted Land Uses The uses listed under each of the following land use areas shah be the only uses permitted in that area. a. Limited Commercial and Residential 1) retail stores, sales and display rooms; 2) eating and drinking establishments, except drive-in; 3) personal service establishments such as barber and beauty shops; 4) business service and repak establishments, excluding filling stations; 5) banks and other financial services; 6) commercial recreation such as theaters and bowling alleys; 7) offices, studios, clinics and laboratories; 8) accessory uses customarily incidental to the above uses, including parking; 9) multi-family dwellings, including highrise apm ~:ents. b. Commercial. Transient Accommodations and Residential 1) 2) 3) 4) ail uses permitted in the limited Commercial and Residential areas; hotels and motels; parking garages; public and semi-public uses; VA. R-42 (CD-3) Revised 3/90 5 o 5) accessory uses customarily incidental to hotels and motels, such as newsstands, private clubs, and recreation facilities; 6)Multi-family dwellings~ including high-rise apartments. Building and Lot Requirements a. ~uilding and Lot Requirements for Limited Commercial The requirements for Limited Commercial and Residential Uses shall be those outlined in Article III, Division 3, Subdivision D of the Zoning Ordinance of Roanoke, Vir~nia. b. Building and Lot Requirements for Commercial. Transient Accomodations and Residential Uses. The requirements for Commercial, Transient, Accomodatious and Residential uses shall be those outlined in Article llI, Division 3, Subdivision D of the Zoning Ordinance of Roanoke, Virginia Certain developments may be subject to the following special regulations: a. Historic District Regulations Developments subject to Historic District regulations shall meet the requirements as outlined in Article I~, Division 5, Subdivision C of the Zoning Ordinance of Roanoke, Virginia. b. Floodplain Regulations Developments located in a floodplain zone shall meet the requirements as outlined in Article III, Division 5, Subdivision E of the Zoning Ordinance of Roanoke, Virginia. Supplemental. Regulations All developments shall be subject to the following additional regulations: VA. R-42 (CD-3) Revised 3/90 a. General Supplementary_ Regulations All developments shall conform to the General Supplementary Regulations as set forth in Article IV, Division 1 of the Zoning Ordinance of Roanoke Vixgi~a. b. Off-Street Parking and Loadin~ There shall be no minimum parking or loading requirements in the project area. c. ~ The sign requirements shall be those outlined in Article IV, Division 3 of the Zoning Ordinance of Roanoke, Vir~nia. d. ~ Air rights for pedestrian waikways across Franklin Road will be allowed, however, no surface rights within the Franklin Road right-of- way will be provided for foundations and supporting column~ Additional approvals must be obtained by the developer from the City of Roanoke and the State of Vir~nia, before such waikways can be constructed. e. ~ No structures shall be erected on utility easements Waivers from Zoning Ordinance Requirements Where the Zoning Ordinance of Roanoke, Vir~nia permits a developer to seek a variance or special exception from the requirements of that ordinance (which) requirements are made applicable to the redevelopment area by subparagraphs 3, 4 and 5 of this Section C), the developer shall also be required to obtain from the Board of Commissioners of the City of Roanoke Redevelopment and Housing Authority a waiver of those requirements as applied through this Redevelopment P!an~ in addition to any variance or special exception obtained from the appropriate officials of the City of Roanoke. 7 VA. R42 (CD-3) Revised 3/90 7. Special Requirements for the Commercial. Transient Accommodations and Residential Area p~destrian Walkway: Within the area identified as Commercial, Transient Accommodations and Residential, a'pedestrian walkway shall be maintained within the scope of the development which will allow pedestrian movement between Church Avenue and Franklin Road. Public access from Church Avenue and Franklin Road onto this pedestrian walkway should be in the proximity of existing First Street. 8. Development Plan Review All developments shall be subject to requirements as set forth in Article V, Division 1 of the Zoning Ordinance of Roanoke, Virginia. 9. The provisions established above and any amendment thereto, shall be in effect from the date of approval by Council of the City of Roanoke, Virginia and shall remain in effect for a period of 25 calendar years from that date. 10. Controls to be Applied to Property_ not Acquired There are no properties not to be acquired within the project area. D. Pr~ect Proposals 1. Laa LAc. a. Tl~e Boundary_ and Land Acquisition Map No. 3. herewith submitted as part of this Redevelopment Plan, indicated those properties to be acquired for clearance and redevelopment and for the provision of public facilities. b. Condition for Acquisition or Exemption from Acquisition of Properties Not-to-be-Acquired Since there are no properties not-to-be-acquired, this section is not applicable. c. Statement of Special Conditions for Exemption from Acquisition The City of Roanoke Redevelopment and Housing Authority may exempt from acquisition any property which, in its judgement can be VA. R42 (CD-3) Revised 3/90 8 o made by the owner to conform to all of the land use provisions and building requirements set forth herein, and when acquisition of such property is not necessary to carry out the objectives of the Redevelopment Plan Redeveloper's Obli_eations The City of Roanoke Redevelopment and Housing Authority, in disposing of the land in the project area to be redeveloped by private or public parties, shall, in contracts or deeds or other instruments with such parties, include such terms or conditions as in the judgment of the Authority are necessary to carry out the objectives of the Redevelopment Plan. Such provisions shall be contained in such contracts, deeds or other instruments irrespective of their duplication of requirements of existing or proposed zoning ordinances, or other local laws or regulations with respect to the project area, so that such obligations may operate independently of such zoning and other laws or regulations. In all instances, the contracts, deeds or other instruments between the City of Roanoke Redevelopment and Housing Authority and the redevelopers shall obligate the purchasers of land in the project area, and their successors in interest as follows: a. Devote the parcels owned by them only for the purposes and in the manner specified in the Redevelopment Plan, and to that end, the City of Roanoke Redevelopment and Housing Authority may require review and approval of site redevelopment plans. b. The City of Roanoke Redevelopment and Housing Authority specifically reserves the right to review mad approve the developer's detailed plan~ final working drawings, and specifications and to this end may establish a Design Review Panel to evaluate the redeveloper's plan and to recommend modifications when necessary. c. Begin and complete the construction of improvements agreed upon in the land disposition contract within a reasonable time as determined in the contract. VA. R-42 (CD-3) Revised 3/90 9 Eo d. Retain the interest acquired until the completion of construction and development of the area acquired in accordance with this plan, and not sell, lease, or transfer the interest acquired or any part thereof, prior to such completion of construction and development without the written consent of the City of Roanoke Redevelopment and Housing Authority. e. Not effect or execute any agreement, lease, conveyance, or other instrument whereby the property or any part thereof is restricted on the basis of race, religion, sex, color, national origin, age or handicap in the sale, lease, or occupancy thereof, and to comply with ali state or local laws in effect fi:om time to time prohibiting discrimination or segregation by reason or race, religion, sex, color, national origin, age or handicap in the sale, lease or occupancy of the property. 3. Under_~ound UtiLiff ~in~ All utility lines in the project area shall be placed underground. Other Provisions Necessary_ to Meet State and Local Requirements This Redevelopment Plan is based on the provisions of the Virginia Housing Authorities Law and of the Regulations of the City of Roanoke. The following requirements have been met: 1. Conformance to Comprehensive Plan The Redevelopment Plan for the Downtown East Redevelopment Project conforms to the recommendations of the Development Plan for the City of Roanoke. 2. Relationship to Local O~ectives The Redevelopment Plan contributes to the realization of the following local objectives: a. To acquire blighted or deteriorated areas which are detrimental to the safety, health, morals, or welfare of the community, and to acquire other real property for the purpose of removing, preventing, or reducing blight, blighting factors, or the cause of blight. The project VA. R42 (CD-3) Revised 3/90 10 area contains 56 structures of which 38 were found to be dilapidated by a survey of the interior and exterior of all structures. The project area unquestionably constitutes a blighted or deteriorated area as defined in the Vir~nia Housing Authorities Law and the proposed clearance of the project area constitutes the removal of blight or blighting factors permitted by that Law. b. To support and strengthen the downtown core and the City Market area by eliminating incompatible land uses, by providin~ for new and more appropriate uses, and by improving traffic movement within the downtown area. c. To remove impediments to land disposition and development in a critical area between one of the main shopping streets and the new Interstate Highway 581. Proposals for Land Use. Building Requirements and Land Disposition The Redevelopment Plan indicates proposed land uses and building requirements in the project area and indicates the area to be made available for private enterprise and to public enterprise for redevelopment. Relocation The Redevelopment Plan indicates the following methods of relocating residents: a. The temporary relocation of persons living in the area; and b. Providing decent, safe and sanitary dwellings in the City of Roanoke substantially equal to the number of substandard dwellings to be cleared for the area, at rents within the financial reach of the income groups displaced from such substandard dwellings as follows: 1) The City of Roanoke Redevelopment and Housing Authority will comply with applicable State and Federal laws and will administer relocation procedures by using experienced Authority personnel. 2) A family-by-family survey, together with a survey of single VA. R-42 (CD-3) Revised 3/90 11 persons and commercial establishments, will be conducted and the data obtained will be complied by the Authority staff immediately prior to or at the time of acquisition. 3) Listings from newspaper advertisements and realtors of available rental units will be kept current by the Authority staff. The existing turnover of public homing units will be sufficient to permanently or temporarily rehouse all other families and single persons who will be displaced. The City of Roanoke Redevelopment and Housing Authority will consider a dwelling unit to be decent, safe, and sanitary when it: 1) is in conformity with applicable provisions of local codes and ordinances governing existing structures. 2) is in good repair, weather-light with no dampness or leakage. 3) contains for the exclusive use of the family, bathroom facilities, adequately ventilated, with a lavatory, bathtub or shower and flush toilet, all sewer-connected and with a supply of hot and cold running water. 4) contain~ a kitchen with a sink and cook stove or utility connection for such stove. 5) has safe flue-connected heating facilities and adequate and safe electrical service. 6) has a window opening directly to the outdoors in each living room, bedroom, and kitchen. (In the event a kitchen has no such window an operable mechanical ventilating device is deemed to be adequate.) 7) has sufficient space and rooms in adequate proportion to provide privacy and to avoid overcrowding. If any dwelling unit into which a family relocates is not decent, safe and sanitary, such relocation will be regarded as temporary. The Relocation Staff of the Authority will offer the family so relocated VA. R42 (CD-3) Revised 3/90 12 further assistance in obtaining standard accommodations. Families and single persons will be advised in writing and by personal interview regarding the relocation procedures. All quarters available or used for relocation of persons will be 'personally inspected by the Relocation Staff of the Authority with respect to cooperating in their relocation. The site families and single persons will be notified personally and in writing in order that the Authority is assured that proper notification has been issued. Legal eviction will be undertaken against occupants of acquired property only as a last resort and shall be undertaken in case of.' 1) Failure to pay rent. 2) Maintaining a nuisance or using the premises for illegal purposes. 3) A material breach of rental agreement. 4) Refusing to admit a member of the Authority Relocation Staff. 5) Situations requiring eviction under State or local law. Site families, individual householders, and commercial establishments will be compensated for moving expenditures and/or direct loss of personal property. maximum amounts Relocation Grant In no event, will such payments exceed the permitted by Federal Regulations governing payments. The relocation schedule will be contingent upon the acquisition of property and cooperation of the owner or tenant occupying the premises. It will be administered in a manner to prevent undue hardship to any occupant. Procedures for Changes in Approved Plan The Redevelopment Plan may be modified at any time by the City of Roanoke Redevelopment and Housing Authority, with the consent of the City Council, provided that, if modified after the lease or sale of real property in the project area, the modification shall be conditioned upon the approval of the owners, lessees, or successors in interest of any property adversely affected by such modification, and VA. R-42 (CD-3) Revised 3/90 13 in any event shall be subject to such fights at law or in equity as a leases or purchaser, or his successor or successors in interest, may be entitled to assert. Where the proposed modification will substantially change the Redevelopment Plan as previously approved by the Authority, the'modification shall be formally approved by the Authority as in the case of the original plan. 14 VA. R42 (CD-3) Revised 3/90 ~-XHIBIT A BOUNDARY DESCRIPTION Beginning at a point on the south side o~-lm Avenue, S.E,, and First Street, S.E., at the intersection of a line extended from the west side of First Street, S.H., southerly to its intersection with the south side of Elm Avenue, S.E.; thence continuing easterly to the western boundary of the Norfolk and I~estern Railway right-of-way; thence northerly along the western boundary of the Norfolk and Western right-of-way line to a point at which a line extended from the northerly side of Kirk Avenue, S.E., intersects the easterly side of Second Street, S.E.; thence westerly along the line extended from the northerly side of Kirk Avenue, S.E., and continuing westerly along the northerly side of Kirk Avenue, S.E., a dis- tznce of approximately 100 feet west of Second Street, S.~., to the northerly side of Church Avenue, S.E.; thence westerly along the northerly side of Church Avenue, S.E., to a point approximately 170 feet from the easterly side of Jefferson Street; thence southerly crossing Church Avenue on a line along the westerly side of the alley which intersects with Luck Avenue, S.E., between Jefferson Street and First Stree% S.~., continuing southerly along the westerly side of ~he said alley to Luck Avenue; thence, westerly along the northerly line of Luck Avenue extended to the westerly line of Jefferson Street; thence southerly along the westerly side of Jefferson Street to a point south of the southerly line of Tazewell Avenue, S.E., at which a line extended from the southerly property line of the Second property south of Tazewell Avenue, S.E., fronting on the easterly side of Jefferson Street; thence easterly along said property line to which the westerly side of an alley is approximately 138 feet esot of Jefferson Street; thence southerly and easterly along the westerly and southerly side of said alley to a point which is approximately 220 feet from the westerly side of First Street, S.E.; thence, southerly leaving said alley with a property line crossing Bullitt Avenue approximately 216 f~et to a point on the northerly property line of Elmwood Park; thence, easterly along said property line to the southwest corner of Bullitt Avenue and First Street; thence, in a southerly direction with the eastern line of Elmwood Park crossing Elm Avenue to the point of the ~EGINNING. LEGEND LAND USE MAP June 13, 1990 File #40 Ms. S~aron L. Carrington Registrar Roanoke, Virginia Dear Ms. Carrington: I am attaching five attested copies of Ordinance No. 30084-61190 temporarily changing the polling place for South Roanoke Precinct No. 2 from Crystal Spring Elementary School to the Roanoke Council of Garden Clubs, Inc.; providing that said Ordinance shall expire by its own terms on the last day of the 1990-1991 Roanoke City Public School year; and upon the expiration of said ordinance, the polling place for South Roanoke Precinct No. 2 shall be returned to Crystal Spring Elementary School. Ordinance No. 30084-61190 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 11, 1990. Sincerely, ~i,~ Ma ry F. Pa rkor, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. W. Robert Herbert, City Manager Mr. Alton B. Prillaman, Secretary, Roanoke City Electoral Board, P. O. Box 2865, Roanoke, Virginia 24001 Room 456 Municipal Building 215 Church Avenue S W Roanoke, Virginia 24011 (703) 981-2841 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1990. No. 30084-61190. AN ORDINANCE temporarily changing the polling place for South Roanoke Precinct No. 2 from Crystal Spring Elementary School to the Roanoke Council of Garden Clubs, Inc.; providing for an emergency and an expiration date for this ordinance. WHEREAS, Crystal Spring Elementary School will be under renova- tion during the 1990-1991 school year, and such renovation will make unavailable the normal polling place for South Roanoke Precinct No. 2; WHEREAS, the Electoral Board has recommended the establishment of a temporary polling place for South Roanoke Precinct No. 2 at Roanoke Council of Garden Clubs, Inc., 271S Avenham Avenue, S. W., and such temporary polling place is within the boundaries of South Roanoke Precinct No. 2 as required by 924.1-36, Code of Virginia (1950), as amended; and WHEREAS, the temporary change of polling place for South Roanoke Precinct No. 2 has been duly advertised in a newspaper having general circulation once a week for two consecutive weeks, pursuant to §24.1-39, Code of Virginia (1950), as amended, and a public hearing with respect to such proposed temporary relocation has been held on June 11, 1990; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: All NUMBER - 5230~51 PUBLISHER'S FEE CITY DF ROANOKE C/O MARY F PARKER CITY CLERKS OFFICE ROOM ~5~ MUNICIPAL BLOk, ROANOKE VA 24011 STATE OF VIRGINIA CITY DF ROANOKE AFFIDAVIT CF PUBLICATION I, (THE UNDERSIGNED) AN AUTHORIZED REPRESENTATIVE CF THE TIMES-WORLD CDR- PORATION, WHICH CORPORATION IS PUBLISHER OF THE RUANOKE TIMES & WORLD-NEWS, A DAILY NEWSPAPER PUBLISHED IN ROANOKE, IN THE STATE OF VIRGINIA, DO CERTIFY THaT THE ANNEXED NOTICE WAS PU~LISHE~ IN SAID NEWSPAPERS ON THE FOLLOWING DATES 05/25/90 MORNING 00/01/90 MORNING WITNESS, ~HIS~ ~TH DAY DF JUNE ~ 1990 AUTHORIZED SIGNATURE HIbRm~ ~r~m ch~itM ~ liming. NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to §24.1-39 of the Code of Virginia (1950), as amended, the Council of the City of Roanoke will hold a public hearing on Monday, June 11, 1990, at 7:30 p.m., in the Council Chamber of the Municipal Building in the said City, on the proposed temporary relocation of the polling place for South Roanoke Precinct No. 2 from Crystal Spring Elementary School to Roanoke Council of Garden Clubs, Inc., 2713 Avenham Avenue, S. W., Roanoke, Virginia. This tem- porary relocation would be effective for the November 6, 1990, general election and any primary or special elections required during the 1990-1991 school year only. All parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 23rd day of May , 1990. Please publish in full twice, once on Friday, June 1, 1990, Morning Edition. Mary F. Parker, City Clerk once on Friday, May 25, 1990, and in the Roanoke Times & World News, Please send publisher's affidavit and bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 ELECTORAL BOARD NELBR C. PIRKEY, Chairman CHARLES T. 6REEH, Vice Chairman ALTON B. PRILLAIIAR, Secretary May 14, 1990 Honorable Noel C. Taylor, Mayor, and Members of Roanoke City Council Municipal Building Roanoke, Virginia 24011 RE: Temporary Relocation of Polling Place in South Roanoke No. 2 Precinct (Sec. 10-75 City Code) Dear Members of Council: The Electoral Board has been informed by the school administration that Crystal Spring School will be closed for renovation during the 1990-91 school year and cannot be used as a polling~place during that time. The Roanoke Council of Garden Clubs, Inc. has been recommended as an alter- nate location. The president of the Garden Club under the direction of the Garden Club's board has authorized the city to use the building for voting while the school is closed. (Copies of correspondences attached.) We have visited the proposed site, located at 2713 Avenham Avenue, in the same precinct boundary as Crystal Spring School. The garden club is handi- capped accessible, has ample parking, sufficient lighting and work space. The Electoral Board recommends it as a temporary voting place since we ex- pect to return to Crystal Spring School in the fall of 1991. Section 24.1-39 of the Code of Virginia requires that a notice of a proposed relocation of polling place be published in a newspaper of general circula- tion for two consective weeks and no changes can be made within 60 days next preceding any general election. Relocating a polling place also requires approval from the Department of Justice. The Electoral Board requests that this matter be placed on the June 11th agenda for a public hearing and action of Council. R/~/~ectfully s~d, Roanoke City Electoral Board cc: Wilburn C. Dibling, City Attorney ' Leta Beavers, President, Roanoke Council of Garden Clubs, Inc. CITY OF ROANOKE INTEROEPARTMENT COMMUNICATION DATE: May 8, 1990 TO: FROM: Wilburn C. Dibling, Jr., City Attorney Sharon L. Carrington, Registrar c~ SUBJECT: Temporary Relocation of Polling Place in South Roanoke No. 2 Precinct (Sec. 10-75 City Code) The Roanoke City Electoral Board is requesting approval to move the polling place for South Roanoke No. 2 precinct from Crystal Spring School to the Roanoke Council of Garden Clubs, Inc. Crystal Spring School will be closed for renovation in June 1990 and will not reopen until the fall of 1991. The proposed site is located in the South Roanoke No. 2 precinct boundaries, has ample parking, handicapped accessible and has ample room for conducting the electoral process. We are asking Council to hold a public hearing on June 11, which as you know must be advertised two consecutive weeks preceding the hearing date. We are requesting that you please prepare a notice of this proposed t~el)orary change in polling place and subsequently prepart a sub- mission to the Justice Department at the proper time with copies to me as usual. It should be noted that the change will only be effective during the period of renovation and that we expect to return to Crystal Spring School in the fall of 1991. Thank you for your assistance in this matter. Please see the attached correspondences for any references you may need. ROANOKE COUNCIL 2713 AVENHAM AVENUE, $. W. ROANOKE, VIRGINIA 24014 T£LEPHONE 343-4519 OF GARDEN CLUBS, INC. 1990 Ms. Sharon L. Carrington General Registrar P. O. Box 1095 Roanoke, Virginia 24005 Re: Roanoke Council of Garden Clubs Center as temporary polling place Dear Ms. Carrington: In reply to your letter of April 26, 1990 concerning the use of the Council of Garden Clubs Center as a site for the November 6, 1990 election, we are pleased to permit this usage by the Electoral Board as a public service to our community. Both our organization and the Electoral Board are, in a sense, public service ~rganizations and we see this ss an opportunity to assist. As we have said, there will be no charge for the usage of the Center for this occassion. However, there will be clean-up costs as well as damages to the build- ing or facilities. We will need an assurance that these costs will be born by the Electoral Board. We have received your certificate of insurance and permission from the Zoning Board for which we thank you very much. Please call if we can assist you in any way. Yours very truly, Orletta Beavers, President Roanoke Council of Garden Clubs, Inc. OB/dr c: Alton Prillam~ Secretary of Reanoke City Electoral Board Charlotte Murphy Cheil Officer of Election for SoUth Roenoke No. 2 GENERAL REGISTRAR Sharon L. Carrington April 26, 1990 p. o. BOx 109s ROANOKE, VIRGINIA 24005 (703) 981-2281 Ms. Leta Beavers, President Roanoke Council of Garden Clubs 2713 Avenham Avenue, S. W. Roanoke, Virginia 24014 Dear Ms. Beavers: Since our last correspondence to you dated February 28, 1990, we have continued some background work in regards to our using the Roanoke Council of Garden Clubs as a temporory polling place for our South Roanoke No. 2 precinct for the Novem- ber 6, 1990 election. Alton Prillaman, Secretary of Roanoke City Electoral Board, along with Charlotte Murphy, Chief Officer of Election for South Roanoke No. 2 precinct and myself have physically viewed the premises and found it to be congenial for the pur= poses of voting. The building has heat, is handicapped accessible and has ample parking. To briefly familarize you with our situation - we were informed by the School Board that Cyrstal Spring School, which is the polling place for the South Roanoke No. 2 precinct, will be closed after this year's school session and will not reopen until September 1991. Other locations within that general area were sort but did not meet the boundary requirements by law, therefore, we were lead to contact your organization. Since that time, verbal agreement on behalf of your board has been granted to the Electoral Board of Roanoke City with the stipulation that you receive written permission from the Board of Zoning and an insurance certificate to certify that the City has sufficient insurance to cover any unexpected accidents that could possibly occur on election day. Enclosed is the information as requested which we hope will be sufficient for us to now receive a written response from the Garden Club granting permission to use the building on November 6, 1990. Once we have received the requested permission, we will then proceed with contacting other departments involved, in- cluding City Council, the Department of Justice and State Board of Elections so that we may meet their approvals. Once all approvals have been met, we are re- quired by law to send notice to every voter in the South Roanoke No. 2 precinct to inform them of this temporary change. This notice will be published in the Roanoke Times & World News and the Roanoke Tribune newspapers. page 2 Ms. Leta Beavers, President Roanoke Council of Garden Clubs April 26, 1990 We do thank you for your cooperation and assistance during this transition and appreciate the Garden Club board for re-considering our plea. You will be contacted later in the year to let you know what procedures will take place before and on e)ection day. If you have any further questions, please give us a call as soon as possible.' Yours very truly, Sharon L. Carrington General Registrar City of Roanoke enclosures - 2 /C Building Commissioner April 23, 1990 Sharon L. Carrington, Registrar City of Roanoke Room 109, Municipal Bui'lding Roanoke, Virginia 24011 Dear Mrs. Carrington: re: 2713 Avenham Avenue, S. w. This is to advise that the above-referenced property may be used as a voting precinct for the City of Roanoke insofar as zoning regulations are concerned. If you need further information, please contact me. Sincerely~ours, ~Ronald H. /Miller CPCA Building Commissioner/ Zoning Administrator Rooml70 Municil~lluilding ZlSChu~rch Avenue, S.W. Roanoke, Vi~gini~ 24011 (703)$81-2221 EI,EC'I ORAl, BOARD February 28, 1990 Ms. Leta Beavers, President Roanoke Counctl of Garden Clubs 2713 Avenham Avenue, S.W. Roanoke, Virginia 24014 Dear Ms. Beavers: On behalf of the Electoral Board of Roanoke City, I would respectfully request to ask your board to re-consider the use of the garden club for election day purposes on Tuesday, November 6, 1990. It is my understanding that our registrar, Sharon Carrtngton, has previously requested use of the premises on that day and your board felt it was in the best interest of the club not to use the garden center for voting purposes. Crystal Spring School serves as the polling place for South Roanoke 2 precinct. Due to renovation, the school will not be open on Tuesday, November $, 1990 which makes it imperative that an alternate voting place be located. We have searched diligently throughout the South Roanoke area and as you know there are not many suitable places that would serve as an alternative for a polling place. South Roanoke United Methodist Church, Cherryhtll and First Presbyterian Church are all situated in South Roanoke ! precinct and therefore cannot be used as alternate polling places because it would be in violation of the Vir- ginia voting laws. A physical viewing of South Roanoke 2 precinct leaves very few alternatives. We feel that the garden club would be the best place suited for this one-time proposition. We will try to meet every reasonable request with reference to sharing with cost, telephone, parking and maintenance if it would allow us to use this facility. Accordingly, ! would appreciate if you could bring this request again to your board's atteatlon and if necessary, either other members of the Electoral Board, the rl~Jlstrer, Sharon Carrtngton or I would be glad to meet with your board to advise you on our procedures on election day. I hope they will look favorably upon this request. Sincerely, Alton B. Prtlla,mn, Secretary Roanoke City Electoral Board CITY OF ROANOKE INTERDEPARTMENTAL COMMB~ICAT ION DATE: TO: FROM: RE: May 16, 1990 Sharon L. Carrington, Registrar Wilburn C. Dibling, Jr., City Attorney Notice of Public Rearin~ At the Council meeting of May 14, 1990, City Council established a public hearing for June 11, 1990, with respect to the Electoral Board's requested change in polling place for the South Roanoke No. 2 Precinct. Attached to this memorandum is a Notice of Public Rear- ing. Please carefully review the Notice, and, if it is accurate in all respects, forward it to Mary Parker for publication. Pursuant to §24.1-39, Code of Virginia (1950), as amended, the Notice must be pub- lished once a week for two consecutive weeks. In addition, you are required to mail notice of the change in polling place to all regis- tered voters within the precinct at least fifteen days prior to the November election. I have also prepared an ordinance for the agenda of June 11, 1990. As soon as you have reviewed and approved the ordinance, I shall re- quest the City Clerk's Office to place it on the agenda. If City Council adopts the ordinance, I will handle the customary submission to the Department of Justice seeking their review pursuant to §5 of the Voting Rights Act. A copy of the proposed submission letter is attached for your review and approval. Please advise me if you require any further services from me in this matter. WCDJr:ff Attachme/ cc: /~ary F. Parker, City Clerk MINUTES CONSIDERED AT THIS COUNCIL MEETING MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER, OR AT THE CITY CLERK'S OFFICE Office of ~e Mayor June 11, 1990 The Honorable Vice Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. NCT: ra Sincerely, Noel C. Mayor Room 452 Municipal Building 215 Church Avenue, S.W. Raanoke, "4rginia 24~t 1 ~703) 981-2444 June 13, 1990 File #304 Mr. Finn D. Pincus 1030 South Jefferson Street Roanoke, Virginia 24016 Dear Mr. Pincus: Your communication tendering your resignation as a member of the Youth Services Citizen Board, was before the Council of the City of Roanoke at a regular meeting held on Monday, June 11, 1990. On motion, duly seconded and adopted, the communication was received and filed and the resignatibn was accepted with regret. The Council requested that I express its sincere appreciation for the many services you have rendered to the City of Roanoke as a member of the Board. Please find enclosed a Certificate of Appreciation issued by £he ~ayor on behalf of the Members of City Council. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk ~FP:ra Enc. pc: The Reverend Ulas N. Broady, Chairman, Youth Services Citizen Board, 2204 Lynnhope Drive, N. W., Roanoke, Virginia 24017 Ms. Marion V. Crenshaw, Youth Planner Room 456 Municipal Building 215 Church Avenue S.W Roanoke, Virginia 24011 (703) 981-2541 May 30, 1990 Marion V. Crenshaw Youth Planner Room 355 Municipal Building 215 Church Avenue SW Roanoke, VA 24011 Dear Ms. Crenshaw: I regret to inform you that due to my appointment to the Roanoke City School Board it is necessary for me to resign my position on the Youth Services Citizens Board. I would like to continue as a member of the Education Committee and look forward to working with you in the future. Thank you for your understanding. Sincerely, Finn D. Pincus FDP:hmc ROANOKE CAMPUS 1030 Jefferson St. S., Roanoke, VA24016 (703) 342-0043 Accredited School Natiooal Association of VIRGINIA BEACH - HAMPTON - RICHMOND - ROANOKE - GREENSBORO - CHARLOTTE ~'adeandTechnicalSchools Oafh or Affirmation of Office Stot~ ot Virginia, C, it~ ot Roanoke, to.~t: I, Howard E. Musser . do solemnly swear (or affirm) that ! will support the Constitution of the United States, and the Constitution of the State of Virginia, and that ! will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Council of the City of Roanoke, Virginia, for a term of four years commencing July 1, 1990, and ending June 30, 1994, according to the best of my ability. So help me God. -- Subscribed and sworn to before me, thi, ~./ day of Judge, Circuit Court pf the ~ 0-2 Oath or Affirmation of Office Start ol Virginia, Oit~/ o~ Roanoke, to.~it: I, James G. Harvey~ II . 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 member of the Council of the City of Roanoke, Virginia, for a term of four years commencing July 1, 1990, and ending June 30, 1994. according to the best of my ability. So help me God. Subscribed and sworn to before me, this 31st y off~ - May, 1990 J~d~, CircUit Court of the City of Roanoke 0-2 Oath or Affirmation of Office titat~ ot Virginia, {~itll ot Roanoke, to.~it: William White, Sr. I, . do solemnly swear (or affirm) that will support the Constitution of the United States, and the Constitution of the State of Virginia, and that will faithfully and impartially discharge and perform all the duties incumbent upon me as member of the Council of the City of Roanoke, Virginia, for a term of four years commencing July 1, 1990, and ending June 30, 1994, Subscribed and sworn to before me, this 31st __day of May, 1990, Diane M. Strickland ~ud',-j~=, ~.;,~.u,[. Cuu, C u; ~.,,,= ,.,;t~ C.,- ;~.~,.~l.~ ELECTORAL BOARD NELBA C. PIRK£Y, Chairman CHARLES T. GREER, Vice Chairman ALTO# B. PRILLARA#, Secretary May 3, 1990 Mrs. Mary F. Parker, City Clerk Municipal Building Roanoke, Virginia 24011 Dear Mrs. Parker: Pursuant to Section 24.1-150 of the Code of Virginia, attached is a certified copy of the abstract of votes cast in the General Election held in the City of Roanoke on May 1, 1990 for three members of City Council and Special Bond Election. cc: Sincerely, Alton B. Prillaman, Secretary Roanoke City Electoral Board W. Robert Herbert, City Manager Wilburn C. Dibling, City Attorney Joel M. Schlanger, Director of Finance Members, City Council {18) ABSTR~OF VOTES cast in the ~tt~t~/City of Roanoke , Virginia, at ,..~ special election held on May 1 , 19_90 , on the following question or proposition: BOND ~I-RCTION QUESTION: Shall Ordinance No. 29918, adopted by the Council of the City of Roanoke on February 5, 1990, entitled: "AN ORDINANCE authorizing the issuance of Fifteen Million Two Hundred Fifty Thousand Dollars ($15,250,000) principal amount of general obligation bonds of the City of Roanoke, Virginia, for the purpose of providing funds to defray the cost to the City of P,~anoke of needed permanent public improve- ments of and to public buildings, school buildings, the system of storm drains, public sidewalks, curbing, streets, highways and bridges, and acquisition of real property for the foregoing; and providing for an emergency.", be approved? Fist,m) FOR 7,381 2,83g AGAINS~ (No) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election on Ma.¥ 1 ,19 gQ , do hereby certO'y that the above is a true and correct Abstract of Votes cast at said election for and against the question or proposition ~et forth above. Given under our hands this A copy teste: 2nd day of taa,y ,19 gQ . Chairman Vice Chairman Secretary Secretary, Electoral Board · ABSTRACT OF VOTES cast in the City of at the May 1, 1990 General El®eUon, for: Roanoke Member, City Council (~,~r =ppropria~ ofl~ ~ ~,nd, if appli=~l~, Borough. l)~r~t or Ward) N~'C~ Roland H. "Soankv" Maqh~r James G. "Jimmy" Harvey II Howard E. Musser William "Bill" White, Sr. Cecil McClanahan James O. Trout Donald Bartol 3.856 8~203 8~848 . 7~314 1,036 4,516 1 M. Caldwell Butler Richard Delipierre W. J. Garst I we, the undersigned E~ctor~ Board, upon =amination of the offwial reeord~ d~posited with the Clerk of the Circuit Court of the election held on May I, 1990, ,Iambs G. "Jimmy" Harve~ li Howard E. MussQr William "Bill" White~ Sr. under our htmds thi~ ~ day of May, 1990. ChaPman ~r~ Cha/rman Ch~r]m~ H_ O~t~rhnlJdt Clive Rice Rock-n-Roi 1 Rover Ed Sham~ M. Womack June 13, 1990 File #24A-497-45 Mr. ~. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30085-61190 amending and reordaining subsections (a) and (b) of §23.1-4, Requirement of ~idding; power to reject bids, subsection (a) of §23.1-4.1, Requirement of competitive negotiation, and subsection (g) of §23.1-6, Exceptions to requirement of competitive procurement, Code of the City of Roanoke (1979), as amended, the amended sub- sections increasing the threshold for required competitive sealed bidding and competitive negotiation from $10,U00.00 to $15,000.00; amending aha reordaining, subsection (b) of §23.1-10, Bid openings; bid acceptance and evaluation, to provide that bids for construction anticipated to exceed $15,000.00 shall be opened before City Council; and adding a new subsection (bl) to ~23.1-10, Bid openings; bid acceptance and evaluation, establishing a procedure for the opening of bids and proposals for goods, professional services and services. ©rdinance No. 30085-61190 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 11, 1990. Sincerely, ! · Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: The Honorable Roy B. Willett, Chief Judge, Circuit Court The Honorable Clifford R. Weckstein, Judge, Circuit Court The Honorable Diane M. Strickland, Judge, Circuit Court The Honorable Kenneth E. Trabue, Judge, Circuit Court 305 East Main Street, Salem, Virginia 24153 Room 456 Muni¢iool BuilOincj 215 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2D41 Mr. W. Robert Herbert June 13, 1990 Page 2 The Honorable G. 0. Clemens, Judge, Circuit Court, P. 0. Box 1016, Salem, Virginia 24153 The Honorable Philip Trompeter, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Fred L. Hoback, Jr., Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Edward S. Kidd, Jr., Chief Judge, General District Court The Honorable Julian H. Raney, Jr., Judge, General District Court The Honorable Richard C. Pattisal, Judge, General District Court The Honorable Patsy Testerman, Clerk, Circuit Court The Honorable Donald S. Caldwell, Commonwealth's Attorney Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Mr. Ronald Albright, Clerk, General District Court Mr. Wilburn C. Dibling, Jr., City Attorney Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. George C. Snead, Jr., Director of Administration and Public Safety ~r. D. Darwin Roupe, Manager, General Services Mr. Kit B. Kiser, Director of Utilities and Operations Mr. James D. Ritchie, Director of Human Resources Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 ~r. Bobby D. Casey, Office of the ~agistrate, P. 0. Box 13867, Roanoke, Virginia 24037 Ms. Clayne M. Calhoun, Law Librarian Mr. Robert L. Laslie, Vice President - Supplements, Municipal Code Corporation, P. 0. Box 2235, Tallahassee, Florida 32304 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of 0une, 1990. No. 30085-61190. AN ORDINANCE to amend and reordain subsections (a) and (b) of §23.1-4, Requirement of biddin$; power to reject bids, subsection (a) of §23.1-4.1, Requirement of competitive negotiation, and sub- section (g) of $23.1-6, Exceptions to requirement of competitive procurement, Code of the City of Roanoke (1979), as amended, the amended subsections increasing the threshold for required competi- tive sealed bidding and competitive negotiation from $10,000 to $15,000; to amend and reordain subsection (b) of ~23.1-10, Bid open- ings; bid acceptance and evaluation, to provide that bids for con- struction anticipated to exceed $15,000 shall be opened before City Council; to add a new subsection (bl) to $23.1-10, Bid openings; bid acceptance and evaluation, establishing a procedure for the open- ing of bids and proposals for goods, professional services and ser- vices; and providing for an emergency. BE 1. Subsections power to reject bids, shall be amended and IT ORDAINED by the Council of the City of Roanoke (a) and (b) of ~23.1-4, Requirement Code of the City of Roanoke (1979), reordained to provide as follows: §23.1-4. Requirement of bidding; power to reject bids. (a) Any contract with a nongovernmen%al con- tractor for the purchase or lease of goods or for the purchase of services or construction the consideration for which is expected to exceed fifteen thousand dollars ($15,000.00) shall be awarded to the lowest responsible bidder, or highest responsible bidder where applicable, as follows: of bidding; as amended, such as where the city is leasing or selling public property or awarding concession rights, after public advertisement and competition. With respect to bids for any purchase, public work or improvement costing more than fifteen thousand dollars ($15,000.00), the City Council shall have the power to reject any and all bids. (b) Any contract with a nongovernmental con- tractor for the purchase or lease of goods or for the purchase of services or construction the consideration for which is not expected to exceed fifteen thousand dollars ($15,000.00) may be bid and awarded to the lowest responsible bidder, or highest responsible bidder where applicable, such as where the city is leasing or selling public property or awarding con- cession rights, after public advertisement and compe- tition, and the City Manager shall have the power to reject any and all such bids. Small purchase proce- dures shall provide for competition wherever practic- able. 2. Subsection (a) of $23.1-4.1, Requirement of competitive negotiation, Code of the City of Roanoke (1979), as amended, shall be amended and reordained to provide as follows: $23.1-4.1. Requirement of competitive negotiation. (a) Except as provided by $23.1-6 of this Code, any contract with a nongovernmental contractor for pro- fessional services which is expected to exceed fifteen thousand dollars ($15,000.00) shall be awarded pursuant to the method of procurement known as competitive nego- tiation. 3. Subsection (g) of $23.1-6, Exceptions to requirement of competive procurement, Code of the City of Roanoke (1979), as amended, shall be amended and reordained to provide as follows: $23.1-6. Exceptions to requirement of competitive pro- curement. Notwithstanding any other provisions of this chapter, contracts may be entered without competition for goods, Roanoke, Virginia June 11, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Changes to the Code of the City of Roanoke I. Backqround E~f_~%ive_Jq~y__~_ ~9~9, the General Assembly authorized local governments to establish purchase procedures not requiring competitive sealed bids or competitive negotiation for single or term contracts not expected to exceed $15,000. This increased the threshold for competitive procurement from $10,000 to $15,000. November, 1989, Council adopted the 1990 Legislative Program which in part requested the General Assembly to amend the City of Roanoke Charter to increase the City's threshold for public advertisement of bids and proposals from $10,000 to $15,000, to be consistent with State Procurement Policy. II. Current Situation March, 1990, the City was informed that the requested Charter amendment was approved by the General Assembly and signed by the Governor. Bo City Council's adoption of ordinance is necessary to amend the City Code to implement changes authorized by the General Assembly. C. R_e.c_p_.m_m_eD_d_e__d_c__o_d__e am~_n_~_.m_entj are as follows: Ame_n~__~_y_~9~e S_eqtioq~ 23.1-4, 23.1-4.1, 23.1-6 and 23.1-10 to provide for the increase in the threshold for competitive procurement from $10,000 to $15,000. Changes to the Code of the City of Roanoke Page 2 III. IV. Amend City Code Section 23.1-10[b) to provide, in lieu of opening bids at a public meeting of Council, that bids for materials, equipment, supplies and services shall be publicly opended by a committee appointed by the City Manager which will study, tabulate and report to Council. Issues A. Need B. Alternatives ~O__.UDg~__~opt City Code amendments and resolutions as follows: 1. Section 23.1-4, 23.1-4.1, 23.1-6 and 23.1-10. Amend code to provide for the increase in the threshold for public advertisement of bids and proposals from $10,000 to $15,000. Section 23.1-10(bk. Amend code to provide, in lieu of opening bids at a public meeting of Council, that bids for materials, equipment, supplies and services shall be publicly opened by a committee appointed by the City Manager which will study, tabulate and report to Council. Changes to the Code of City of Roanoke Page 3 the a) Need - The first amendment will implement new authority provided by the General Assembly. The second change will clarify the bid opening process as it now exists with respect to bid openings for materials, equipment, supplies and services. b) cl Timing - Requested changes to become effective July 1, 1990. ~_ng~it - Some purchases would be accomplished in a more efficient and effective manner and reduced advertising cost. City will continue to provide for competition whenever practicable for those small purchases. _Counc_i__l__n_ot a__uth_o_r_iz_e the changes to the City Code as requested. Need - New authority will be not implmented. Timinq would not be a factor in this alternative· Benefit - no additional benefits would be realized with this alternative. Recommendation A. Council concur with alternative "A", as follows: Amend Code Sections 23.1-4, 23.1-4.1, 23.1-6 and 23.1-10 to provide for the increase of the threshold for competitive procurement from $10,000 to $15,000 effective July 1, 1990. Changes to the Code of City of Roanoke Page 4 the Amend Code Section 23.1-10(b) to provide, in lieu of opening bids at a public meeting of Council, that bids for materials, equipment, supplies and services shall be publicly opened by a bid committee appointed by the City Manager, to study, tabulate and report to Council. Respectfully Submitted, W. Robert Herbert City Manager cc: City Attorney Director of Finance June 13, 1990 File #60-70 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30086-61190 amending and reordaining certain sections of the 1989-90 General and Capital Funds Appropriations, providing for the appropriation of $325,000.00, to provide funds in connection with the Route 460 East Fire Station construction project. Ordinance No. 30086-61190 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 11, 1990. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. W. Robert Herbert, City Manager Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Raleigh ~. Quarles, Fire Chief Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Ms. Arcelia B. Haston, Junior Accountant, Office of Management and Budget Room 456 Muni~:ipal Building 2t5 Church Avenue SW Roanoke, Virginia 240t 1 (703) 981-2541 IN '£"~ COUNCIL OF ~ CITY OF ROANOK.I~, The 11th day of June, 1990. No. 30086-61190. AN ORDINANCE to amend and VIRGINIA reordain certain sections of the 1989-90 General and Capital Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the exist. THEREFORE, City of Roanoke, an emergency is declared to BE IT ORDAINED by Roanoke that certain sections of the Funds Appropriations, be, and the same reordained to read as follows, in part: the Council of the City of 1989-90 General and Capital are hereby, amended and General Fund Appropriations Non-departmental Transfers to Other Funds (1) ....................... Contingency - General (2) .......................... Fund Balance Capital Maintenance and Equipment Replacement Program- City Unappropriated (3) ................. $15,535,982 13,880,540 177,430 341,716 Capital Fund Appropriations General Government Fire Station 460 East (4) .......................... $ 6,097,472 416,922 1) Transfer to Capital Projects Fund 2) Equip. Replacement Contingency 3) CMERP - City 4) Appropriations from General Revenue (001-004-9310-9508) (001-002-9410-2202) (001-3323) (008-050-9653-9003) $ 416,922 ( 91,922) (325,000) 416,922 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Roanoke, Virginia June 11, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Fire Station - 460 East Funding I. Background: Council concurred in an October 3, 1989 report to designate $325~000 from 1989-90 Capital Maintenance and Equipment Replacement Program (CMERP) for the Fire Station 460 East construction project. In addition, City Council allocated funds for the purchase of fire apparatus for this new station in the General Fund Equipment Replacement Contingency account. Funds are needed to continue land acquisition and construction planning activities for the project. II. Issues in order of consideration are: A. City's responsibility B. Source of funds C. Timing III. Alternatives: Council authorize the appropriation of $325~000 from the 1989-90 CMERP and transfer $91,922 from the General Fund Equipment Replacement Contingency account to the Capital Projects Fund to an account to be designated by the Director of Finance and entitled "Fire Station 460 East". City's responsibility to continue construction planning will be promoted. Source of Funds - Funds were designated by Council in the 1989-90 CMERP and General Fund Equipment Replacement Contingency account to support this project. TiminK - City must continue construction planning in order to have an operational fire station not later than October/November, 1991. IV. B. Do not authorize this appropriation. City's responsibility for construction planning will not be met. 2. Source of funds will remain available. 3. Timing of project completion will be delayed. Recommendation: Council appropriate $325t00 from 1989-90 CMERP and transfer $91t922 from the General Fund Equipment Replacement ContinKency Account to the Capital Projects Fund to an account to be designated by the Director of Finance and entitled "Fire Station 460 East" in accordance with Alternative "A". WRH/hw CC: Respectfully submitted, W. Robert Herbert City Manager City Attorney Director of Finance Director of Administration and Public Safety Director of Public Works City Engineer Fire Chief June 13, 1990 File #236-304 Mr. ~. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30088-61190 authorizing acceptance of an additional Delinquency Prevention and Youth Development Act Grant made to the City of Roanoke by the Commonwealth of Virginia Department of Corrections and authorizing the acceptance, execution and filing of "Amended Special Conditions" with the Department of Corrections for said grant. Resolution No. 30088-61190 ~s adopted by the Council of the City of Roanoke at a regular meet'ing held on Monday, June 11, 1990. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP:ra pc: Mr. William F. Clark, Director of Public Works Mr. John R. Marlles, Chief of Community Planning Ms. Marion V. Crenshaw, Youth Planner Ms. Marie T. Pontius, Grants Compliance Coordinator Ms. Arcelia B. Haston, Junior Accountant, Office Management and Budget of Room 456 Mun;¢ipal Building 215 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1990. No. 30088-61190. A RESOLUTION authorizing the acceptance of an additional Delinquency Prevention and Youth Development Act Grant made to the City of Roanoke by the Commonwealth of Virginia Department of Corrections and authorizing the acceptance, execution and filing of "Amended Special Conditions" with the Department of Corrections for this grant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the offer made by the Commonwealth of Virginia Department of Corrections of an additional Delinquency Prevention and Youth Development Act Grant for the purpose of continuing coordinated planning and youth services program implementation by the City's Office on Youth until June 30, 1990, in an amount and sub- ject to such terms as are described in the report to Council from the City Manager dated June 11, 1990. ~. The City Manager, W. Robert Herbert, or the Assistant City Manager, Earl B. Reynolds, Jr., is hereby authorized to accept, execute and file on behalf of the City of Roanoke "Amended Special Conditions" with the Department of Corrections for the aforementioned grant. 3. The City Manager is further directed to furnish such additional information as may be required by the Department of Corrections in connection with the City's acceptance of the aforementioned grant or with such project. ATTEST: City Clerk. June 13, 1990 File #60-236-304 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 3008?-61190 amending and reordaining certain sections of the 1989-90 Grant Fund Appropriations, providing for the appropriation of $737.00 in additional funding for Grant No. 89-I-15, Roanoke City Office on Youth. Orainance No. 30087-61190 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 11, 1990. Sincerely, Mary F. Parker City Clerk CMC / AA E ~FP:ra Enc. pc: Mr. Mr. Ms. Ms. Ms. Management W. Robert Herbert, City Manager William F. Clark, Director of Public ~orks John R. Marlles, Chief of Community Planning Marion V. Crenshaw, Youth Planner Marie T. Pontius, Grants Compliance Coordinator Arcelia B. Haston, Junior Accountant, Office and Budget of Room 456 Municipal Building 215 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2541 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 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: IN T~u~ COUNCIL OF THE CITY OF ROANOKe, VIRGINIA The llth day of June, 1990. No. 30087-61190. AN ORDINANCE to amend and reordain certain sections of the 1989-90 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the A_~riations Health and Welfare Youth Services Grant 89-I-15 $ 283,684 (1-2) ................... 49,321 Revenue Miscellaneous City Grants Health and Welfare - Special Purpose (3) ............. 1) Management Services (035-052-8827-7015) $500 2) Admin. Supplies (035-052-8827-2030) 237 3) State Grant - Youth Services (035-020-1234-7040) 737 $1,293,522 199,931 BE IT FURTHER ORDAIRED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia June 11, 1990 The Honorable Noel C. Taylor, and Members of City Council Roanoke, Virginia Mayor Dear Members of Council: Subject: Additional Funding - Grant No. 89-I-15 Roanoke City Office on Youth I. Background: City Council, by Resolution No. 29688, dated July 24, 1989, authorized the acceptance of a Delinquency Prevention and Youth Development Act Grant, for the purpose of continuing coordinated planning and youth services program implementation. City Council, by Ordinance No. 29687, dated July 24, 1989, appropriated $48,584 to the Youth Services Grant and transferred $10,000 as the required match from Community Planning to Youth Services Grant, in connection with Grant No. 89-I-15. II. Current Situation: City Manager was notified on June 5, 1990, that Grant No. 89-I-15 had been approved for an additional $736.38 in funds for FY 89-90. Additional funding must be disbursed to localities by June 20, 1990, and either spent or obligated by June 30, 1990. III. Recommendation: It is recommended to authorize the following: Acceptance of the Department of Corrections additional funding in the amount of $736.38. Appropriate $500 to account no. 035 052 8827 7015, Management Services, and $236.38 account no. 035 052 8827 2030, Administrative Supplies, and increase the revenue estimate in the grant fund by the same amount. MVC:mpf cc: City Attorney Director of Finance Respectfully submitted, W. Robert Herbert City Manager Director of Public Works Chief, Community Planning Youth Planner COMMONWEALTH of VIRGINIA I)epartnleut of May 25, 1990 Mr. W. Robert Herbert JU~ 0 City Manager Roanoke City ...... $ 215 Church Avenue, S.W., Room 364 Roanoke, VA 24011 Dear Mr. Herbert: RE: The Virginia Delinquency Prevention and Youth Development Act Grant Number: 89-I-15 The above named Virginia Delinquency Prevention and Youth Development Act grant has been approved for an additional $ 736.38 Act funds for FY 1989-1990. The Department requested additional funds for inflationary costs and the 1990 Virginia General Assembly approved and appropriated the requested funding. Attached you will find proposed ;tmended Special Conditions for Delinquency Prevention and Youth Development Act Grant Awards between the Department and your locality. If you are in agreement with the Amended Special Conditions, please sign the document and return it to the Department no later than June 20, 1990. Please return to Mr. Glenn D. Radcliffe, Chief of Operations for Community Programs, Division of Youth Services, p. O. Box 26963, Richmond, Virginia 23261. We will obtain the appropriate Department of Corrections, signature and return a completed copy of the document to you. Localities need to spend or obligate funds by June 30, 1990. Thank you for your Attachment cooperation and interest in this matter. Sincerely, C. R. Mastracco, Jr. Deputy Director Youth Services cc: Glenn D. Radcliffe Eugene C. Morgan W. Stephen Pullen DOC General Accounting Unit Marion V. Crenshaw COMMONWEALTH of VIRCjlN'iA Department of Correction5 AMENDED SPECIAL CONDITIONS FOR DELINQUENCY PREVENTION AND YOUTH DEVELOPMENT ACT GRANT AWARDS AMENDED SPECIAL CONDITIONS FOR GRANT AWARD # 89-I-15 THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS, THROUGH THE DEPARTMENT OF CORRECTIONS DOES HEREBY AWARD TO ROANOKE CITY, VIRGINIA HEREINAFTER REFERRED TO AS THE GRANTEE, FROM THE DELINQUENCY PREVENTION AND YOUTH DEVELOPMENT ACT APPROPRIATION AN AMOUNT OF $ 736.38 WHICH IS IN ADDITION TO THE PREVIOUSLY AWARDED AMOUNT OF $ 38,584.41. THIS WILL MAKE THE TOTAL FY 1989-90 ACT APPROPRIATION AWARD $ 39,320.79. THE GRANTEE HEREBY AGREES TO PROVIDE AT LEAST AN AMOUNT OF $ 13,106.93 AS THE TOTAL ANNUAL MATCHING SHARE REQUIRED BY THE VIRGINIA DELINQUENCY PREVENTION AND YOUTH DEVELOPMENT ACT FOR FY 1989-90. THE FOLLOWING CONDITIONS ARE ATTACHED TO AND MADE A PART OF THIS GRANT AWARD: 1. The Grantee agrees to sign and return these Amended Special Conditions to the Department by June 20, 1990. 2. The Grantee agrees to spend or obligate these amended award funds by June 30, 1990 for expenditures made during the period July 1, 1989 through June 30, 1990. SPECIAL CONDITION DOCUMENTS: The Special Condition documents shall consist of this signed Amended Special Conditions, and the original Special Conditions document accompanying the Statement of Grant Award dated June 19, 1989. WITNESS WHEREOF, the parties have caused these Special Conditions to be duly executed intending to be bound thereby. DEPARTMENT OF CORRECTIONS: BY: TITLE: DATE: GRANTEE: ROANOKE CITY BY: TITLE: DATE: June 13, 1990 File #354 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report recommending authorization to initiate a first party billing system for Emergency Medical Services, effective July 1, 1990. was before the Council of the City of Roanoke at a regular meeting held on Monday, June 11, 1990. On motion, duly seconded and adopted, Council concurred in the recommendation. Sincere ly, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. George C. Snead, Jr., Director of Administration and Public Safety Ms. Wanda B. Reed, Acting Manager, Emergency Services Mr. D. Darwin Roupe, Manager, General Services Room 456 Municipal Building 2tD Church Avenue S W Roanoke, Virginia 24011 (703) 981-2541 June 11, 1990 Honorable Mayor and City Council Roanoke, Virginia SUBJECT: Authorization to Commence First Party Billing In Order to Implement the Enhanced Emergency Medical Services Program as Adopted by City Council on May 7, 1990 Background: July 10, 1989, City Council approved a third-party billing system to offset the cost of providing improved Emergency Medical Services. This system billed insurance companies only when patients required ambulance transportation to a medical facility. Billing rates, established by City Council on July 10, 1989 are: Basic Life Support (BLS) Advanced Life Support (ALS) Response and Evaluation $100 $130 $ 7O The response and evaluation fee is assessed only in cases of habitual misuse of the system. II. Current Situation: May 7, 1990, city Council adopted Fiscal Year 1990-91 Supplemental Budget for Emergency Medical Servic~ (EMS) which recommended a user fee in the form of a first garty billing system to offset the cost of providing improved EMS. Claims will continue to be filed with the patient's insurance; however, the patient will be responsible for the balance of the bill not covered by their insurance. Fiscal Year 89-90 fee structure noted in Section I-B above will remain the same under the proposed first party billing system. Page 2 III. Issues: A. Authority B. Need IV. Alternatives: Ve City Council authorize the City Manager to begin first party billing effective July 1, 1990. Authority - City Council would approve the establishment of an agreement with a professional billing service for billing and collection of EMS services. Need - First party billing is required in order to cover the cost of the enhancements recommended in the Emergency Medical Services Supplemental Budget. Do not authorize the City Manager to beqin first party billing. 1. Authority would not be an issue. 2. Need for increased revenue would not be met to fund enhancements to the EMS program. Recommendation: City Council concur in Alternative "A" and authorize the City Manager to initiate a first party billing system for Emergency Medical Services effective July 1, 1990. WRH:wbr CC: Respectfully submitted, City Manager City Attorney Director of Finance Director of Administration and Public Safety Manager of Emergency Services Manager of General Services June 13, 1990 File #354 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear .Ur. Herbert: I am attaching copy of Resolution No. 30090-61190 authorizing you to enter into a contract between the City and Health East, Inc., for provision of emergency medical services billing and collec- tion services to the City for the period July 1, 1990, through June 30, 1991, for a flat monthly rate of $5,750.00, plus 6.5% of net collections. Resolution No. 30090-61190 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 11, 1990. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Eno. pc: Health East, Inc., Professional Billing Services, P. 0. Box 11652, Roanoke, Virginia 24022 Mr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. D. Darwin Roupe, Manager, General Services Ms. Wa nda B. Reed, Acting Manager, Emergency Services Ms. Arcelia B. Haston, Junior Accountant, Office of Management and Budget Room 456 Municipal Building 2t5 Church Avenue SW Roanoke, Virginia 240~t (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1990. No. 30090-61190. A RESOLUTION authorizing the City Manager to enter into a contract between the City and Health East, Inc., for provision of emergency medical services billing and collection services. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager, for and on behalf of the City, is hereby authorized to enter into a contract between the City and Health East, Inc., providing for such firms' furnishing of emergency medical ser- vices billing and collection services to the City for the period July 1, 1990 throuEh June 30, 1991 for a flat monthly rate of $5,750 plus $.5 percent of net collections. Such contract shall also provide that the City Manager may, the contract for two (2) additional one acceptable renewal rates and acceptable in his discretion, renew (1) year periods provided performance by the firm. Such contract shall also contain other terms and conditions deemed appropriate by the City Manager and shall be approved as to form by the City Attorney. ATTEST: City Clerk. June 13, 1990 File #60-354 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 3~089-61190 amending and reordaining certain sections of the 1989-90 General Fund Appropriations, providing for the appropriation and transfer of certain funds, in connection with award of a contract to Health East, Inc., to provide a Billing and Collection Service for Emergency Medical Services for the period July 1, 1990, through June 30, 1991, with an option to renew for two additional years, for a flat monthly rate of $5,750.~0 plus 6.5% of collections. Ordinance No. 30089-61190 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 11, 1990. Sincerely, / ] Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. W. Robert Herbert, City Manager Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. D. Darwin Roupe, Manager, General Services Ms. ~anda B. Reed, Acting Manager, Emergency Services Ms. Arcelia B. Haston, Junior Accountant, Office of Management and Budget Room 456 Municipal Building 215 Church Avenue SW Roanoke, Virginia 2401 ~ (703) 981-2541 IN THE COUNCIL OF 'r-~. CITY OF ROANOKE, VIRGINIA The llth day of June, 1990. No. 30089-61190. AN ORDINANCE to amend and reordain certain sections of the 1990-91 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Roanoke that certain sections of the Appropriations, be, and the same are reordained to read as follows, in part: Council of the City of 1990-91 General Fund hereby, amended and ADDropriations Public Safety Emergency Medical Services (1) .................... Non-Departmental Contingency - General Fund (2) .................... Revenue Charges for Current Services Miscellaneous (3) ................................. 1) Fees for Prof. Services (001-050-3521-2010) $ 45,000 2) Contingency (001-002-9410-2199) (22,500) 3) Emergency Medical Services (001-020-1234-0854) 22,500 BE IT FURTHER ORDAINED that, an emergency Ordinance shall be in effect from its passage. $ 1,322,873 780,767 12,195,028 404,395 $ 4,480,846 402,500 existing, this ATTEST: City Clerk. Roanoke, Virginia June 11, 1990 Honorable Mayor and City Council Roanoke, Virginia Subject: Billing and Collection Service for Emergency Medical Services - Proposal Number 90-1-54 I. Back~round: II. Be City Council approved $50,000 in fiscal year 1990-91 budget for a Billing and Collection Service for Emergency Medical Services. Advertisement of Public Notice to provide for this Billing and Collection Service was placed in The Roanoke Times and World News on April 22, 1990. Ce Request for Proposals were mailed specifically to four (4) firms currently listed on the City's bid list. De One professional medical services billing firm responded to the Request for Proposals as follows: Se Health East, Inc. Professional Billing Services P. O. Box 11652 Roanoke, Virginia 24022 Current Situation: A. Current Billing and Collection Contract with Carilion Transportation Services, Inc. expires June 30, 1990. Be The proposal received from Health East, Inc.t an affiliate of Carilion Health System, was evaluated pursuant to criteria in the Request for Proposals by representatives of the following: Administration and Public Safety Emergency Services General Services An interview was held with Health East, Inc. representatives and their proposal was determined to be acceptable. A flat rate of $5,750.00 per month plus 6.5% of net collections was negotiated. Page 3 III. Issues: A. Qualification of B. Timing C. Funding IV. Alternatives: A. Firm City Council award a contract for a first party Billing and Collection Service for Emergency Medical Services to Health East~ Inc. a. Qualification of Firm was verified during the proposal review and interviews for this project. Timing of award is important due to the June 30, 1990 expiration of our current contract. Be Funding - Can be provided as follows: 1. $50,000 approved in the General Fund Budget for Fiscal Year 90-91 for this purpose; 2. $22,500 from General Fund Contingency Reserve; and $22~500 revenue increase for Emergency Medical Services. City Council not award contract for a Billing and Collection Service. Qualification of firm would not be an issue in this alternative. Timing of award might jeopardize the City's ability to collect projected revenues to offset the cost of providing Emergency Medical Services. c. Availability of funding would remain unobligated at this time. Page 4 Recommendation: City Council concur in Alternative "A" and adopt appropriate measures which: Authorize the City Manager to award a contract with Health East, Inc. to provide a Billing and Collection Service for Emergency Medical Services for a period July 1, 1990 through June 30, 1991, with an option to renew for two additional years, in form approved by the City Attorney, for a flat monthly rate of $5,750 plus 6.5% of collections. City Council approve revenue estimate increase of $22,500 for Emergency Medical Services Account 001-020-1234-0854 and a transfer of $22,500 from the Contingency Account 001-002-9410-2199 and appropriate $45,000 in the Emergency Medical Services Fees for Professional Services Account 001-050-3521-2010. Respectfully submitted, Chairman: ~ ~- George. S ne~ad ~-~. Reed D. Darwin Roupe WBR/tfk CC: City Attorney Director of Finance Director of Adm. & Public Safety Manager of Emergency Services Manager of General Services June 11, 1990 Honorable Mayor and City Council Roanoke, Virginia SUBJECT: Billing and Collection Service for Emergency Medical Services - Proposal Number 90-1-54 Dear Members of Council: I concur in the selection committee's recommendation of Health East, Inc. to provide a Billing and Collection Service for Emergency Medical Services in the City of Roanoke. Respectfully submitted, W. ~ert Herbert City Manager WRH:wbr June 13, 1990 File #236-?2-226 Mr. ~. Robert Herbert City ~4anager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30092-61190 authorizing exe- cution of a graat application made on behalf of the City of Roanoke for the Uaited States Department of Agriculture 1990 Summer Food Service Program, and acceptance of the subsequent grant award; and authorizing acceptance of the bid of Total Action Against Poverty in Roanoke Valley, Inc., and award of the requisite contract to prepare and deliver the Summer Food Service Program daily meals to designated sites in the City of Roanoke. ©rdinance No. 30092-61190 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 11, 1990. Sincerely~ /~ Mary F. Parker City Clerk C~C / AA E MFP:ra Enc. Ms. Carolyn H. Barrett, Administrator, Fifth District Employment and Training Consortium, 310 Campbell Avenue, S. ~., Roanoke, Virginia 24016 Mr. Theodore J. Edlich, III, Executive Director, Total Action Against Poverty in Roanoke Valley, Inc., P. O. Box 2868, Roanoke, Virginia 24004 Mr. James D. Ritchie, Director of Human Resources Ms. Marie T. Pontius, Grants Compliance Coordinator Ms. Arcelia B. Haston, Junior Accountant, Office of Management and Budget Room 456 Municil~al Building 215 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2§41 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of dune, 1990. No. 30092-61190. AN ORDINANCE authorizing the execution of a grant application made on behalf of the City of Roanoke for the United States Department of Agriculture 1990 Summer Food Service Program, and the acceptance of the subsequent grant award; authorizing the acceptance of the bid of Total Action Against Poverty in Roanoke Valley, Inc., and award of the requisite contract to prepare and deliver the Summer Food Service Program daily meals to designated sites in the City of Roanoke; and providing for an emergency. BE IT ORDAINED by the Council of 1. The City Manager, W. Robert City Manager, Earl B. Reynolds, Jr., cute for and on behalf of the City of tion for the United States Department the City of Roanoke that: Herbert, or the Assistant is hereby authorized to exe- Roanoke the grant applica- of Agriculture 1990 Summer Food Service Program, and accept the grant award in the amount of $73,243.64 from the United States Department of Agriculture; and the City's Director of Human Resources is authorized to execute any grant conditions or assurances related thereto and to nego- tiate and execute appropriate interagency cooperation agreements in order to implement the program funded by the grant, as requested in a report of the City Manager dated June 11, 1990. 2. The bid of Total Action Against Poverty in Roanoke Valley, Inc., made to the City offering to prepare and deliver the Summer Food Service Program daily meals to designated sites in the City of Roanoke, for an average cost per meal of $1.6§ (lunch) and $.98 (breakfast), is hereby ACCEPTED. S. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, on behalf of the City, to exe- cute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, the contract to be in such form as approved by the City Attorney. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall he in full force and effect upon its passage. ATTEST: City Clerk. June 13, 1990 File #60-72-236-226 Mr. Joel ~. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30091-61190 amending and reordaining certain sections of the 1989-90 Grant Fund Appropriations, providing for the appropriation of $73,244.00, in connection witn endorsement and acceptance of a grant award from the U. S. Department of Agriculture for funding the Virginia Summer Food Service Program for the period June 18 through August 24, 1990. Ordinance No. 30091-61190 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 11, 1990. Sincerely, Mary F. Parker. CMC/AAE City Clerk MFP:ra Enc. pc: Mr. ~. Robert Herbert, City Manager Mr. James D. Ritchie, Director of Human Resources Ms. Marie T. Pontius, Grants Compliance Coordinator Ms. Arcelia B. Haston, Junior Accountant, Office Management and Budget of Room 456 Municipal Building 215 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2541 IN THE CO%~NCIL OF THE CITY OF ROANOKE, VIRGINIA 'The 1/th day of June, ~990. No. 30091-61190. AN ORDINANCE to amend and reordain certain sections of the 1989-90 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1989-90 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Health and Welfare Virginia Summer Food Service Program - 1990 $ 356,191 (1-2) ..... 73,244 Revenue Health and Welfare $ 356,191 Virginia Summer Food Service Program - 1990 (3) ....... 73,244 1) Food Costs 2) Administration 3) 1990 Summer Food Service Federal Revenue (035-054-5120-6010) $70,000 (035-054-5120-6012) 3,244 (035-035-1234-7078) 73,244 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. this ATTEST: City Clerk. June 11, 1990 Roanoke, Virginia Honorable Mayor and City Council Roanoke, Virginia Members of Council: SUBJECT: Virginia Summer Food Service Program Grant Application to the U. S. Department of Agriculture I. BACKGROUND The U. S. Department of Agriculture has so]~d applications from municip~l~s to par~pate in the 1990 Virginia Summer Food Service Program. B. The purpose of the program is to provide nutr~nnglly balanced, healthy meals to children, ages 1 through 18, of low-income fam~l~s (less than 185% of poverty) during the summer months of 1990. Cost reimbursements ~re made to program sponsors (City of Roanoke), by the U. S. Department of Agriculture, at a rate of approximately $2.01 per meal consumed (lunch) by a par~pating ~gible youth.(--~l-.12 per breakfast) The Vir ' ' Summer Food Service Pro~ram is similar in concept to the Na~n~ School Lunch Program ann the par~pants' ~]igiblq~y is comparable to that used to determine ~]~b~]~y for free, or reduced price, meals during the school year. E. Ro.a.n. oke~ operated this program last year serving approximately 500 eligible youth daily at nine feeding locations in the CJ~y. Over 24,000 meala were consumed during the entire summer. Roanoke City Schools sponsored a similar program in 1985 and has, agazn, elected not to sponsor such a program th~ year, due to the broad responsib~s of sponsorship and their present capab~s. The need for this program and poten~a] opera~onal plans were originally explored and developed by a task force of the City Manager's Human Resources Steering C ommJL~oee. Agencies represented included the Department of Social Services, the Fifth District Employment and Training Consortium, with the assistance of City Parks and Recreation, Roanoke Redevelopment and Housing Authority, and Total Action Against Poverty. Problems ~resent~ regarding lack of enough food, were projected for fift~-~ve (55) far0~s in the northwest neighborhoods of the City. Problems present, regarding nutr~on/attention for children, were projected for ~ fam~q~s throughout Roanoke, with 166 fam~q~s in northwest and 154 fam~s in southeast areas of the C~ (concentrated neighborhoo~-~. (Projections are based upon United Way Needs Assessment Survey.) City Council Report June 11, 1990 Page 2 The U. S. Department of A~riculture is supportive of efforts by the City of Roanoke to expand this program and has expressed its interest in providing whatever supportive assistance necessary to accomplish the program's objectives. II. PRESENT SITUATION A grant application for the Virginia Summer Food Service Program has been prepared by the Fifth District Employment and Training Consortium, on behalf of the City of Roanoke, for consideration by the U. S. Department of Agriculture for funding this summer, for the period June 18 through August 24, 1990. 865 daily lunch meals~ as well as 340 breakfast meals, are proposed for youths par~pating at six housing project sites; Jamestown, Indian V~ll~$e, Hurt Park, Lincoln Terrace, Hunt Manor, and Bluestone Park. Aiso, the YMCA Family Life Center, the TAP Academic Summer Program, the Fitness P~ot Program (Fallon School), the Rutherfoord Child Development Center, Lincoln Terrace ~tart Center, Hurt Park Head Start Center, and Forest Park Bapt~t Church are adH~onal sites. It is es~nated that over 40,000 meals will be served through this expanded project. C. The proposed expansion from nine to thirteen feeding loca~ons reflects both the success of last y-~r's prog~nd the broad need e~istlng for such a program for needy youth in the City. The Department of Human Resources is proposed to admin~ter the project through interagency agreements with the Fifth District Employment and Training Consortium (FDETC), Roanoke Redevelop- ment and Housing Authority (RRHA), and To,mi Action Against Poverty (TAP); an informal written agreement with the Department of Soc~m] Services, and a contract with a meal vendor to prepare and deliver the meals, daily, to the project sites. DSS -- Monitoring and daily project support. FDETC -- Mordtoring, administration, and daily project support. RRHA -- Provision of site fallacy at seven Housing Project sites and volunteer staff support (two individuals). TAP -- Site supervision coordinated through the JTPA/FDETC Summer Youth Employment Program, and the grant award from USDA to the City. Vendor -- Will prepare and deliver over 40,000 meals to thirteen sites, vendor to be selected by competJ~ve bid process. City Council Report June 11, 1990 Page 3 ge There are approximately lt000 meals proposed to be provided on each of the forty-nine (49) meal service days, between June 18 and August 24, 1990 (Monday through Friday, excluding July 4th holiday). All costs are reimbursable by the U.S. Department of Agr~ulture, ~-~pon the number of meals consumed by eligible youth participants. G. A grant application has been submitted to the U.S. Depaztment of Agriculture. Grant award is expected by June 15~ 1990. A vendor must be selected to prepare and deliver the meals to the ~ project sites. An "Invita~on for Bid" process has been developed and implemented, following the City's procurement guide lines. One bid was received and, upon review by appropriate City staff, it has been determined that Total Action Against Poverty has proposed a responsive program for meal preparation and delivery. An average rate of $1.65 per lunch meal served and .95 per breakfast meal served, has been proposed by Total Action ~which is responsive to our target budget. g rate for food vendors is $1.87 per lunch and $1.04 per breakfast. The City wlql make use of the balance av~l~ble per meal, to accommodate the minimum s~m~ng needs to supervise the feeding sites and administer the program. me Total Action Against Poverty also agrees to request reimburse- ment for only those meals for which the City is eligible for USDA reimbursement. This wnll enable the project to pay for itself entirely from USDA grant funds. I. Cost projections total $73~243.64 1. Operational Costs: $70~000.00 Including approximately $55,000.00 for reimbursement to vendor. 2. Administrative Costs: $3~243.64 (Program management and monitoring) ~I. ISSUES A. Cost to the City B. Need for Food Services in the Community C. Effective and E~nt Delivery of Services City Council Report June 11, 1990 Page 4 IV. ALTERNATIVES A. Endorse the application submitted, and Accept the subsequent grant award from the U.S. Department of Agriculture, in the amount of $73~243.64; Authorize the Department of Human Resources, to nego~mte and execute appropriate interagency agreements to faczqi~ate the success of the project~ Accept the responsive bid from Total Action Against Poverty to prepare and deliver meals at a rate responsive to our budget; and Authorize the negotiation of a vendor contract between the City and Total Action Against Poverty, and Appropriate $73 ~ 243.64 with a corresponding revenue es~mate, to an account to be establLshed in the Grant Fund by the Director of Finance, for the Virginia Summer Food Service Program. Cost to the City - No add~nnal cost to the City, as all expenses are reimbursabl~ through the U. S. Department of Agriculture or budgeted through FDETC funds, for the Summer Youth Employment Program. Need for Food Services in the Community Need is wide-spread and project will accommodate targeted efforts, to provide nutr~nnally balanced, daily meals to 1,000 needy youths. Effective and E~nt Delivery of Serv~es - Inter- agency agreements with DSS, FDETC, RRHA, and TAP, will promote both the effective and ~nt delivery of services, to Roanoke City residents, whom the project is designed to assist. B. Do not endorse the grant application; and 1. Do not accept 8rant award from the U. S. Department of Agriculture; C~-y Council Report June 11, 1990 Page 5 Do not accept the bid from Total Action Against Poverty. a. Cost to the C~y - No direct cost impact to the City. b. Need for Food Serv-J~es in C.ommunity - Need will continue, without program of intervention for 1,000 youths. Effective and E~r~nt Delivery of Services - Potent~l interagency services would not be utilLzed to address needs, without U. S. Department of Agrictdture resources. V. RECOMMENDATION Approve Alternative A: A. Endorse the application submitted, and 1. Accept the subsequent 8rant award from the U.S. Department of Agriculture, in the amount of $73~243.64; Authorize the Department of Human Resources~ to nesot~te and execute appropriate interagency agreements to facilitate the success of the project; Accept the responsive bid from Total Action Asainst Poverty to prepare and deliver meal~ at an average rate of $1.65 per lunch meal served and $.95 per breakfast meal served; 4. Authorize the negotiation of a vendor contract between the City and Total Action A~ainst Poverty, and Appropriate $73~243.64 with a corresponding revenue estate, to an account to be established in the Grant Fund by the Director of Finance, for the Virgirda Summer Food Service Program. Respec~nxlly submitted, W. Robert Herbert City Manager JDR:kdh cc: Director of Finance City Attorney June 13, 1990 File #60-236-200 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of ©rdinance No. 30093-61190 amending and reordaining certain sections of the 1989-90 Grant Fund Appropriations, providing for the closeout of Community Development Block Grant Years B-86-MC-51-0020 and B-87-MC-51-0020, in the amount of $725,431.00. Ordinance No. 30093-61190 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 11, 1990. Sincerely, g Mary F. Parker, CMC/AAE City Cleric MFP:ra Enc. pc: Mr. ~. Robert Herbert, City ~anager Mr. ~illiam F. Clark, Director of Public Works Mr. John R. Marlles, Chief of Community Planning Ms. Marie T. Pontius, Grants Compliance Coordinator Us. Arcelia B. Haston, Junior Accountant, Office Management and Budget of Room 456 Municipal Building 2t5 Church Avenue S W Roanoke, Virginia 24011 (703) 981-2541 IN Tm COUNCIL OF '£ali CITY OF ROANOKE, VIRGINIA The llth day of June, 1990. No. 30093-61190. AN ORDINANCE to amend and reordain certain sections of the 1989-90 Grant Fund Appropriations, and providing for an emergency. WHEREAS, Government of the exist. Roanoke for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to THEREFORE, BE that certain IT ORDAINED by the Appropriations, be, reordained to read as sections of the and the same are follows, in part: Council of the City of 1989-90 Grant Fund hereby, amended and APPropriations Community Development Block Grant (1986-87) Community Development Block Grant (1987-88) Community Development Block Grant (1988-89) (1-6)... (7-22).. (23-42). $2,074,082 3,075,536 2,976,657 Revenue Community Development Block Grant (1986-87) Community Development Block Grant (1987-88) Co~unity Development Block Grant (1988-89) 1) Home Purchase Loan Program-RRHA 2) Fairfax Ave. Clearance 3) Neighborhood - Based Service Delivery 4) Deanwood 5) Henry St. City 6) Unprog. CDBG - Other Loan Repayment 7) AP 1 and 2 8) Travel and Eduction- Grants Compliance (43) .... $2,074,082 (44) .... 3,075,536 (45) .... 2,976,657 (035-086-8620-5115) $( 50,852) (035-086-8620-5172) ( 42,240) (035-086-8625-5125) ( 3,000) (035-086-8630-5131) (247,822) (035-086-8630-5156) ( 462) (035-086-8640-5186) ( 6) (035-087-8705-5051) ( 1,577) (035-087-8715-5081) ( 216) 9) 10) 11) 12) 13 14 15 16 17 18 19 20 21) 22) 23) 24) 25) 26) 27) 28) 29) 30) 31) 32) 33) 34) 35) 36) 37) 38) 39) 4O) 41) 42) 43) 44) 45) Travel/Education/ Membership (Housing) Consultant Services Private Loan Program Code Enforcement- Nonsalary Postage - Housing Emergency Home Repair Program Development Mini Grants Deanwood First Street Shaffers Crossing Franklin/ElmMaster Plan Historic Building Loan Repair Preservation Technical Assistance Home Purchase Loan Program Fairfax Avenue Clearance Neighborhood Based Service Delivery Deanwood Henry Street - City Unprogrammed CDBG Travel and Education- Grants Compliance Travel/Education/ Membership (Housing) Consultant Services Private Loan Program Code Enforcement- Nonsalary Postage - Housing Emergency Home Repair Program Development Mini Grants First Street Shaffers Crossing Franklin/Elm Master Plan Historic Building Loan Repair Preservation Technical Assistance CDBG Entitlement B86MC510020 CDBG Entitlement B87MC510020 CDBG Entitlement B89MC510020 (035-087-8715-5088) (035-087-8715-5095) (035-087-8720-5105) $( 136) ( 2,636) ( 4,954) 035-087-8720-5111) ( 96) 035-087-8720-5116) ( 551) 035-087-8720-5168) ( 803) 035-087-8725-5121) ( 510) 035-087-8725-5122) ( 71) 035-087-8730-5131) (124,318) 035-087-8730-5144) (115,522) 035-087-8730-5145) ( 20,794) 035-087-8737-5165) ( 5,000) 035-087-8737-5169) (100,000) 035-087-8737-5170) ( 3,865) 035-088-8820-5115) 50,852 035-088-8820-5172) 42,240 035-088-8825-5125) 3,000 035-088-8830-5131) 372,140 035-088-8830-5156) 462 035-088-8840-5189) 1,583 (035-088-8815-5081) 216 (035-088-8815-5088) 136 (035-088-8815-5095) 2,636 (035-088-8820-5105) 4,954 035-088-8820-5111) 96 035-088-8820-5116) 551 035-088-8820-5168) 803 035-088-8825-5121) 510 035-088-8825-5122) 71 035-088-8830-5144) 115,522 035-088-8830-5145) 20,794 035-088-8837-5165) 5,000 035-088-8837-5169) 100,000 035-088-8837-5170) 3,865 035-035-1234-8701) 035-035-1234-8801) 035-035-1234-8922) (344,382) (381,049) 725,431 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. June 11, 1990 FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger, Director of Finance Closeout of Community Development Block Grant Years B-86-MC-51-0020 and B-87-MC-51-0020 The Community Development Block Grant program is accounted for on the City's financial records by program year. Four program years are currently appropriated. This report recommends that the two earliest Community Development Block Grant years (B-86-MC-51-0020 and B-87-MC-51-0020) be closed by reprogramming the unspent funds in those program years to the next subsequent program year (B-88-MC-51-0020). The funds being reprogran~ed will be used for the same activities for which they are currently appropriated. Reprogramming these funds allows the City to maintain a minimum number of program years on its records at any given time. HUD allows localities to determine the number of CDBG program years ~o retain on a locality's records. The amount of unspent funds being reprogrammed is as follows: Program Year B-86-MC-51-0020 (FY86-87) B-87-MC-51-0020 (FY87-88) Amount $344,382 381~049 $725,431 Honorable Mayor and Members Page 2 June 11, 1990 of City Council Recommendations: A. Close Co,unity Development Block Grant years B-86-MC-51-0020 and B-87-MC-51-0020. Transfer unspent funds of $725,431 to Community Development Block Grant year B-88-MC-51-0020 as shown on the accompanying budget ordinance. i~6tor of Fina~ JMS/pac June 13, 1990 File #166-288-405 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30095-61190 authorizing execution of a contract with Professional Service Industries, Inc., to provide certain professional services, specifically pro- curement and analysis of daily air samples and inspection and certification for occupancy of buildings at 118, 120, 122 and 124 Campbell Avenue, S. W., following the removal and disposal of asbestos containing materials from' said buildings by Strahle Construction Company, Inc., in the total amount of $9,950.00. Resolution No. 30095-61190 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 11, 1990. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. Zachary R. Adams, Roanoke Division Manager, Professional Service Industries, Inc., 1807-D Murry Road, S. W., Roanoke, Virginia 24018 Mr. William F. Clark, Director of Public ~orks Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. James D. Ritchie, Director of Human Resources Ms. Dolores C. Daniels, Citizens' Request for Service Room 456 Mun~¢ipo[ Building 21§ Church Avenue S W Roanoke, Virginia 24011 (703) 981-2§41 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, lhe llth day of June, 1990. No. 30095-61190. A RESOLUTION authorizing the execution of a contract with Professional Service Industries, Inc., to provide certain professional services, specifically procurement and analysis of daily air samples and inspection and certification for occupancy of buildings at 118, 120, 122 and 124 Campbell Avenue, S. disposal of asbestos containing materials Strahle Construction Company, Inc. following the removal and from the buildings by BE IT RESOLVED 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 o5 behalf of the City, to execute and attest, respectively, an agreement with Professional Service Industries, Inc., for the procurement and analysis of daily air samples and inspection and certification for occupancy of buildings at 118, 120, 122 and 124 Campbell Avenue, S. W., following the removal and disposal of asbestos containing materials from the buildings by Strahle Construction Company, Inc., as more particularly set forth in the June 11, 1990, report of the City Manager to this Council. 2. The contract amount authorized by this resolution is $9,950.00 and twenty-five construction days. 3. The form of the contract with such firm shall be approved by the City Attorney. ATTEST: City Clerk. June 13, 1990 File #166-23-288 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30094-61190 accepting the bid of Strahle Construction Company, Inc., in the total amount of $55,005.00, for proper removal and disposal of the asbestos con- taining material identified within the buildings at 118, 120, 122 and 124 Campbell Avenue, S. ~., upon certain terms and con- ditions. Ordinance No. 30094-61190 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 11, 1990. Sincerely, ~.~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Eric. pc: Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. James D. Ritchie, Director of Human Resources Ms. Dolores C. Daniels, Citizens' Request for Service Room 456 Municipal Building 215 Church Avenue SW Roanoke, Virginia 24011 (703) 98t-2841 June 13, 1990 File #166-288 Mro James D. Meadows, Jr. Secretary/Treasurer Strahle Construction Company, 40 Cedar Avenue Vinton, Virginia 24179 Dear Mr. Meadows: I am enclosing copy of Ordinance No. 30094-61190 accepting your bid, in the total amount of $55,005.00, for proper removal and disposal of the asbestos containing material identified within the buildings at 118, 120, 122 and 124 Campbell Avenue, S. ~., upon certain terms and conditions. Ordinance No. 30094-61190 was of Roanoke at a regular adopted by the Council of the City meeting held on Monday, June 11, 1990. Sincerely, Mary F. Parker, CMC/AAE City Clerk ~FP:ra Enc. Room 456 Municipal Building 215 Church Avenue $.W Roanoke. Virginia 24011 (703) 981~2541 June 13, 1990 File #166-288 Mr. Nick Palmieri Branch Manager Start Davis Company, Inc. 7410 Sunnybrook Drivej N. Roanoke, Virginia 24019 Dear Mr. Palmieri: I am enclosing copy of Ordinance No. 30094-61190 accepting the bid of Strahle Construction Company, Inc., in the total amount of $55,005.00, for proper removal and disposal of the asbestos con- taining material identified within the buildings at 118, 120, 122 and 124 Campbell Avenue, S. W., upon certain terms and con- ditions. Ordinance No. 30094-61190 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, June 11, 1990. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described project. Sincerely, ~ ~4ary F. Parker, CMC/AAE City Clerk MFP:ra Enc. Room 4,.96 Municipal Building 215 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2D4t June 13, 1990 File #166-288 Mr. Jeffrey A. Sullivan Operations Manager ~neida Asbestos Abatement, 47 Garrett Street, Suite D ~arrenton, Virginia 22186 Dear Mr. Sullivan: I am enclosing copy of Ordinance No. 30094-61190 accepting the bid of Strahle Construction Company, Inc., in the total amount of $55,005.00. for proper removal and disposal of the asbestos con- taining material identified within the buildings at 118, 120, 122 and 124 Campbell Avenue. S. ~., upon certain terms and con- ditions. Ordinance No. 30094-61190 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 11, 1990. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described project. Sincerely, ,j Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. Room 456 Municipa~ Building 21§ Church Avenue S W Roanoke, Virginia 24011 (703) 981-2541 June 13, 1990 File #166-288 Mr. Paul M. Richmond President ACMC, Inco Route 1, Box 212-R Leasburg, North Carolina 27291 Dear Mr. Richmond: I am enclosing copy of Ordinance No. 30094-61190 accepting the bid of Strahle Construction Company, Inc., in the total amount of $55,005.00, for proper removal and disposal of the asbestos con- taining material identified within the buildings at 118, 120, 122 and 124 Campbell Avenue, S. W., upon certain terms and con- ditions. Ordinance No. 30094-61190 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 11, 1990. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described project. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. Room 456 Municipal Building 215 Church Avenue S W Roanoke, Virginia 24011 (703) 981-2541 June 13, 1990 File #166-288 Mr. Lawrence C. Musgrove, President LCM Corporation P. 0. Box 13487 Roanoke, Virginia 24034 III Dear Mr. Musgrove: I am enclosing copy of Ordinance No. 30094-611~90 accepting the bid of Strahle Construction Company, Inc., in the total amount of $55,005.00, for proper removal and disposal of the asbestos con- taining material identified within the buildings at 118, 120, 122 and 124 Campbell Avenue, S. W., upon certain terms and con- ditions. Ordinance No. 30094-61190 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 11, 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 project. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk ~FP:ra Enc. Room 4§6 Municipal Building 2t5 Church Avenue SW Roanoke~ Virginia 240t I (703) 981-2541 June 13, 1990 File #166-288 Mr. James Haltigan Branch ~anaqer ~ACO, Inc. P. O. Box 836 Sandston, Virginia 23150 Dear Mr. Haltigan: I am enclosing copy of Ordinance No. 30094-61190 accepting the bid of Strahle Construction Company, Inc., in the total amount of $55,005.00, for proper removal and disposal of the asbestos con- taininq material identified within the buildings at 118, 120, 122 and 124 Campbell Avenue, S. ~., upon certain terms and con- ditions. Ordinance No. 30094-61190 was adopted by the Council of the City of Roanoke at a regular meeting held on Monaay, June 11, 1990. Gn behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described project. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. Room 456 Municipal Building 2t5 Church Avenue SW Roonoke. Virginia 24011 (70,~) 98t-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, lhe llth day of June, 1990. No. 30094-61190. AN ORDINANCE accepting the bid of Strahle Construction Company, Inc., for proper removal and disposal of the asbestos containing material identified within the buildings at 118, 120, 122 and 124 Campbell Avenue, S. W., upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials execute the requisite contract for such work; and providing for an emergency. to BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of 8trahle Construction Company, Inc., made to the City in the total amount of $55,005.00 for proper removal and disposal of the asbestos containing material identified within the buildings at 118, 120, 122 and 124 Campbell Avenue, S.W., as designated by a survey performed by Professional Services Industries, Inc., in November, 1989 and more specifically described in the City Manager's report of June 11, 1990 to this Council, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifica- tions made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. S. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordi- nance shall be in full force and effect upon its passage. ATTEST: City Clerk. Roanoke, Virginia June 11, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Asbestos Abatement 118 through 124 Campbell Avenue, S.W. Roanoke, Virginia I concur with the recommendations of the above referenced Bid Committee Report. Respectfully submitted, WRH/LBC/mm W. Robert Herbert City Manager Attachment: Bid Committee Report cc: Management and Budget City Attorney Director of Finance Director of Public Works Director of Human Resources Citizens' Request for Service City Engineer Construction Cost Technician Roanoke, Virginia June 11, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Asbestos Abatement 118 through 124 Campbell Avenue, S.W. Roanoke, Virginia II. I. Background: mo Professional Services Industries, Inc. conducted a survey of the Campbell Avenue Properties in November of 1989 to iden- tify the materials that contained asbestos. A survey is required of any building to identify materials that contain asbestos fibers and an abatement program implemented before a permit can be obtained to perform any work within the struc- ture. Bo After the survey had been made to identify the asbestos con- taining materials, the City of Roanoke received bids for its removal. Bids were opened before Council for this service on January 16, 1990. Co Six (6) bids were received with Strahle Construction Company, Inc. submitt'ing the low bid in the amount of $55~005.00 and 25 construction days. Project is to remove and properly dispose of all asbestos containing materials within the buildings at 118, 120, 122 and 124 Campbell Avenue, S.W. This removal and a state cer- tified asbestos inspector certification that the work has been done properly and completed is necessary before any type of building permit can be issued. A. Compliance of the bidders with the requirements of the contract documents. B. Amount of the low bid. C. Funding of the project. D. Time of completion. E. Inspection and certification of the work performed. Page 2 III. Alternatives: mo Authorize the City Manager to: 1) enter into a contract with Strahle Construction Company, Inc. for the proper removal and disposal of the asbestos containing materials for the sum of $55,005.00 and 2--5 construction days; and 2) enter into a contract with Professional Service Industries, Inc. for the supervision, the procuring and analysis of the daily air samples and the certification of the buildings for occupancy when the work has been completed for the sum of $9,950.00 and 2--5 construction days. 1. Compliance of the bidders with the requirements of the contract documents was met. 2. Amount of the low bid is acceptable. 3. Funding for the work to be performed is available in the project capital account number 008-002-9620-9060. Time of completion is acceptable. It should be noted, however, that the sixty (60) days specified for holding the contractor's bid was extended by letter from Strahle Construction Company, Inc. Inspection and certification of the work performed would be performed by Professional Service Industries, Inc., the same firm that made the survey to identify the asbestos containing material. Their fee for this ser- vice has been determined to be in line with services for inspection and testing by other firms in the area. Bo Do not authorize the City Manager to enter into contracts with Strahle Construction Company, Inc. and Professional Service Industries, Inc. at this time. 1. Compliance of the bidders with the requirements of the contract documents will not be an issue. 2. Amount of the iow bid would probably increase if re-bid at a later date. 3. Funding would not be encumbered at this time. 4. Time of completion for the asbestos abatement would be extended. 5. Inspection and certification of asbestos abatement would not be required at this time. Page 3 IV. Recommendation is that City Council take the following action: A. Concur with the implementation of Alternative A. Authorize the City Manager to enter into a contract with Strahle Construction Company, Inc. in the amount of $55,005.00 and 25working days for asbestos abatement in 118, 120, 122, and 124 Campbell Avenue, S.W., in accor- dance with the contract documents as prepared by the City Engineer's Office. Authorize the City Manager to enter into a contract with Professional Service Industries, Inc. in the amount of $9,950.00 to inspect, test and certify the asbestos aba- tement according to State and Federal regulations. Authorize the Director of Finance to encumber the following funding in the project account number 008-002-9620-9060. 1. Strahle Construction Company, Inc. 2. Professional Service Industries, Inc. 3. Project contingency TOTAL Reject the other bids received. Respectfully submitted, $55,005.00 9,950.00 5~000.00 $69,955.00 Robert A. Garland, Chairman William F. Clark Page 4 RAG/LBC/mm Attachment: Tabulation of Bids cc: City Manager Management and Budget City Attorney Director of Finance Citizens' Request for Service Construction Cost Technician TABULATION OF BIDS ASBESTOS ABATEMENT 118 THRU 124 CAMPBELL AVENUE, S.W. ROANOKE, VIRGINIA Bids received before Council on January 16, 1990. BIDDER BASE BID Strahle Construction Company, Inc. $55,005.00 Star Davis Company, Inc. $57,230.00 WACO, Inc. $65,440.00 ACMC, Inc. $79,289.00 LCM Corporation $111,488.00 Oneida Asbestos Abatement, Inc. $121,000.00 Robert A. Garland, Chairman William F. Clark · Pdt chie Office of City Engineer Roanoke, Virginia June 11, 1990 Roanoke, Virginia June 11, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Please reserve space on Council's agenda for the Bid Committee Report on the Asbestos Abatement at 118 through 124 Campbell Avenue, S.W., Roanoke, Virginia. Respectfully submitted, W. Robert Herbert City Manager WRH/LBC/mm January 18, 1990 File #166 Mr. Robert A. Garland, Chairman Mr. William F. Clark ) Committee Mr. James D. Ritchie Gentlemen: The following bids for asbestos abatement at 118 through 124 CampDell Avenue, $. ~., and the Knights of Pythias Building, were opened and read before the Council of the City of Roanoke at a regular meeting held on Tuesaay, January 16, 1990: BIDDER ITE~ I ITEM Strahle Construction Co., Inc. $ 55,005.00 $ 2,375.00 Start Davis Company, Inc. 57,230.00 2,049.00 ~ACO, Inc. 65,440.00 3,200.0U ACMC, Inc. 79,289.00 1,000.00 LCM Corporation 111,488.00 1,850.00 Oneida Asbestos Abatement, Inc. 121,000.00 10,750.00 On motion, duly seconded and adopted, the bids were referred to you for tabulation, report and recommendation to Council. Sincerely, ~~ ~lary F. Parker, C~C City Clerk MFP:ra pc: ,Mr. ~ilburn C. Dibling, Jr., City Attorney Room456 MumopalBullolng 215 Church ~venue S''~ Roanoke V,rg~n~a24011 703 :~8! 254~ June 13, 1990 File #285 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30096-61190 amending and reordaining §21-67, Annual permit required; application and processing fee; form of application, of the Code of the City of Roanoke (1979), as amended, to reduce the application and pro- cessing fee for raffle permits. Ordinance No. 30096-61190 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 11, 1990. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: The Honorable Roy H. Wille£t, Chief Judge, Circuit Court The Honorable Clifford R. Weckstein, Judge, Circuit Court The Honorable Diane M. Strickland, Judge, Circuit Court The Honorable Kenneth E. Trabue, Judge, Circuit Court 305 East Main Street, Salem, Virginia 24153 The Honorable G. 0. Clemens, Judge, Circuit Court, P. 0. Box 1016, Salem, Virginia 24153 The Honorable Philip Trompeter, Chief Juage, Juvenile and Domestic Relations District Court The Honorable Fred L. Hoback, Jr., Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court Room 456 Municipal Building 215 Church Avenue 5W Roanoke, Virginia 24011 (703) 981~2541 June Page Joel M. Schlanger 13, 1990 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. Pattisal, Judge, General District Court The Honorable Patsy Testerman, Clerk, Circuit Court The Honorable Donald S. Caldwell, Commonwealth's Attorney The Honorable Gordon E. Peters, City Treasurer Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Mr. Ronald Albright, Clerk, General District Court Mr. ~. Robert Herbert, City Manager Mr. ~ilburn C. Dibling, Jr., City Attorney Ms. Deborah J. Moses. Chief of Billings and Collections Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Mr. Bobby D. Casey, Office of the Magistrate, P. 0. Box 13867, Roanoke, Virginia 24037 Ms. Clayne M. Calhoun, Law Librarian Mr. Robert L. Laslie, Vice President - Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32304 IN THE COUNCIL OF THE CITY OF ROANOKE, The llth day of June, 1990. No. 30096-61190. VIRGINIA, AN ORDINANCE to amend and reordain §21-87, Annual permit ~equired; application and processing fee; form of applicatio,,, of the Code of the City of Roanoke (1979), as amended, to reduce the application and processing fee for raffle permits; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 21-87 of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: §21-67. Annual permit required; application and pro- cessin$ fee; form of application. Prior to the commencement of any bingo game or raffle by any organization as defined in this article, the organi- zation shall obtain an annual permit from the Director of Finance. The permit shall only be granted after a reasonable investigation has been conducted by the Director of Finance or his authorized designee to deter- mine that the organization is qualified and that the requirements of this chapter have been met. The application and processing fees for a bingo permit shall be a total of two hundred dollars ($200.00). The application and processing fees for a raffle permit shall be a total of twenty-five dollars ($25.00). Application for the permit shall be accompanied by a check in the amount of the application and processing fee payable to the Treasurer. Application for an annual permit shall be made on a form provided by the Director of Finance. No permit shall be issued without all the information required by the form prescribed by the Director of Finance. The form must be signed by all appropriate parties in the presence of the Director of Finance or his designee. The application shall be a matter of public record. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Miscellaneous Council 6/1!/90 ~OANOK~: COUNCIl., No. 562 3136 Harris Street Post Office Box 715 Roanoke, Virginia 24004 June 11, 1990 Mayor Noel Taylor and Members of Roanoke City Council Office of the Counci] Room 456 Municipal Building 215.Church Avenue S. W. Roanoke, Virginia 24011 Dear Mayor Taylor and City Council Members: Since I am unable to attend the meeting of City Council at 7:30 on June llth, 1990, I'm sending this letter in hopes that you wi11 consider it with regard to the proposed 2% tax on Bingo Operations. As I stated at the Council meeting on May 29th, I do support your efforts to eliminate abuses to the Bingo Laws. Once again, however, let me make it clear that I do feel the 2% tax on gross receipts will be a fatal blow to many of the legitimate bingo operations like the Knights of Columbus. While we recognize that reform may mean that we w111 have to endure some hardship such as even tighter record keeping and perhaps some sort of tax on our revenue, the 2% tax on small operations could mean the end of their programs! I ask that you consider a sliding scale such as .75% or 1% for operators with gross receipts up to say $250,000 and 2% for those over that figure. The legitimate operators who have voluntarily adhered to the state law have seen their attendance and their receipts fail. Illegal operations hav.e drawn our patrons away with jackpots which exceed the limits al]owed by the current laws. The plan you propose to adopt may c]ose the legiti- mate operator but will be only a nuisance to the illegitimate operator. ~rely, Bingo Chairman Knights of Columbus Roanoke Council 562 31, 1990 File #24A-79-265 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30066-52990 amending and reordaining §21-65, Bingo games and raffles conducted under this article of the Code of the City of Roanoke (1979), as amended and adding new §21-66, Bingo games and raffles - definitions; §21-67, Annual permit required; application and processing fee, form of application; §21-68, Requirement of issuance of permit; where valid; duration; permits subject to regulations; §21-69, Limitation on frequency and duration of conducting bingo ~ame~; §21-70, Instant bingo; §21-71, Reports of gross receipts and disbursements required; form of reports; failure to file; cer- tificate of compliance; right of entry upon premises; records; independent accounting procedure; §21-73, Prohibited practices; §21-74, Denial, suspension or revocation of permit; penalties; §21-?$, Enforcement of article; injunctive relief; §21-76, ~earings and appeals; §21-77, Joint operation of bingo games; restrictions; special permit required; and §21-77.1, ~ raffles, bingo and instant bingo games permitted; to provide for the regulation of bingo and raffle games in the City. Ordinance No. 30066-52990 ~as adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, May 29. 1990. Sincerely, ~.~~ Mary F. Parker, C[~C/AAE City Clerk MFP:ra Eric. Room 456 MuniciDol Building 215 Chur~n Avenue S W Roanoke, Virginia 2401 ~ (703) 981-2541 Mr. Joel M. 8chlanger May 31, 1990 Page 2 pC: The Honorable The, Honorable The Honorable The Honorable Roy B. Willett, Chief Judge, Circuit Court Clifford R. Weckstein, Judge, Circuit Court Oiane M. Striekland, Judge, Circuit Court Kenneth E. Trabue, Judge, Circuit Court 305 East Main Street, Salem, Virginia 24153 The Honorable G. O. Clemens, Judge, Circuit Court, P. O. Box 1016, Salem, Virginia 24153 The Honorable Philip Trompeter, Chief Judge, Juvenile and Oomestic Relations Otstriet Court The Honorable Fred L. Hoback, Jr., Judge, Juvenile and Oomestic Relations Oistrict Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Oomestie 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 Oistrict 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 Mr. Wilburn C. Oibling, Jr., City Attorney Mr. W. Robert Herbert, City Manager The Honorable Gordon E. Peters, City Treasurer The Honorable Jerome S. Howard, Jr., Corre~issioner of Revenue The Honorable Donald S. Caldwell, Con~onwealthts Attorney Mr. Raymond F. Leven. Public Oefender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Mr. Bobby O. Caaey, Office of the Magistrate, p. O. Boz 13867, Roanoke, Virginia 24037 Mr. George C. Snead. Jr., Oirector of Administration and Public Safety Mr. M. David Hooper, Chief of Police Ms. Clayne M. Calhoun. Law Librarian Mr. Robert L. Laalie, Vice President - Supplements, Municipal Code Corporation, p. O. Box 2235, Tallahaasee, Florida 32304 IN ~aa CO~IClL OF T/I Cilag OF ROlliOIl, ~IRIIINII The 29ch day of ~y, 1990. No. 30066-52990. ~ O~IN~ to amend and reordain 121-65, gingo ~ames and raffles conducted under this article of ~he Code of the City of Roanoke (1979). as amended and to add new 121-66, Bingo games and raffles - definitions; 121-67, ~nual pe~c required; application and processtn~ fee~ fo~ of appltcati~,,; 121-68, ~qutremen~ of issuance of pe~c; ~here valid; duration; subject co re~latton; 121-69, Li~a~ton on frequency and duration conducting bingo games; t21-70~ Instant bingo; t21-71~ ~por~s of ~ross receipts and disburse=enos required~ fca of reports; failur~ ~o file; cer:ificace of co~pltance~ rilht of enc~ upon pre. sis; records; indepena..~ accounting procedureI 121-73, Prohibi~td prac~tcesI Denial~ suspension or revoca~ion of pe~tr; penalties; t21-75, Enforcement of article; in~unccivt relief; i21-76, Hearings and appealsl 121-77, ~oinC operation of binto games; restric~ions; special pe~t required; and 121-77.1~ ~17 raf/les~ bingo and instant bingo games pe~t~ed; ~o provide for the re~lation of bingo and raffle games in the City; and providing for an estrgency. BE IT 0~I)tlNED by the Council of the City of Roanoke that: I. Section 21-65 of the Code of the City of Roanoke (1979), as a~ended, is hereby amended and reordained to read and provide as follows: 21-65. Bingo gms and raffles conducted under this Nothing in §~21-56 through 21-62 shall apply to any bingo game or raffle conducted in accordance with the terms and provisions of §21-66, et seq. of this code. -- 2. The Code of the City of Roanoke (1979), as amended, is amended and reordained by the addition of the following sections: §21-66. Bingo games and raffles - definitio-.: The following words shall have the following meanings: (a) "Bingo" means a specific game of chance played with individual cards having randomly numbered squares ranging from one to seventy-five, in which prizes are awarded on the basis of designated numbers on such cards conforming to a predetermined pattern of numbers eelected at random. Such cards shall have five vertical rows headed reepectively by the letters B.I.].C.O., with each row having five randomly numbered squares. (b) "Building" means a structure located on a single lot enclosed by a continuous exterior wall regardless of the configuration of the interior walls, (c) "Calendar day" means the period of twenty-four consecutive hours commencing at 12:01 a.m. and concluding the following 12:01 a.m. (d) "Calendar week" means the period of seven consecutive calendar days (as defined above) commmncing at 12:01 a.m. on Sunday and ending at 12:01 a.m. the following Sunday. (e) "Instant Bingo" means a specific game of chance played by the random selection of one or more individually prepacked cards, with winners being determined by the preprinted appearance of the letters B.I.N.C.O. in any prescribed order on the reverse side of such card. (f) "Jackpot" means a bingo card played as a part of a bingo game defined ia § 21-66 (a) in which all numbers on the card are covered, each number being selected at random, and with no free or "wild" numbers. (g) "Organization" means any one of the following: A voluntary rescue squad or auxiliary unit thereof which has been recognized by an ordinance or resolution of City Council as being a part of the safety program of the City; (2) An organization operated exclusively for religious, charitable, community or educational purposes; (3) Association of war veterans or auxiliary units thereof organized in the United States; or (4) A fraternal association operating under the lodge system. (h) "Raffle" means a lottery in which the prize is won by a random drawing of the name or prearranged number of one or more persons purchasing chances; provided, however, nothing in this article shall prohibit an organization from using the State Lottery Department's Pick-3 number as the basis for determining the winner of a lottery. §21-67. Annual per.it required; application and processing fee, form of applicatiOno Prior to the commencement of any bingo game or raffle by any organization as defined in this article, the organization shall obtain an annual permit from the Director of Finance. The per. it shall only be granted after a reasonable investigation has been conducted by the Director of Finance or his authorized designee to determine that the organization is qualified and that the requirements of this chapter have been met. The appllcation and processing fees shall be a total of two hundred dollars {$200.00). Application for the permit shall be accompanied by a check in the amount of the application and processing fee payable to the Treasurer. Application for an annual per~t shall be made on a form provided by the Director of Finance. No permit shall be issued without all the information required by the form prescribed by the Director of Finance. The form must be signed by all appropriate parties in the presence of the Director of Finance or his designee. The application shall be a matter of public record. J 21-68, Require~ent of issuance of per. t; where valid; duration; per. its subject to regulation. (a) Prior to the issuance of any permit, the applicant organization shall meet each of the following requirements: (2) Except for recently established volunteer rescue companies or departments, as defined in this article, the organization shall have been existence and mat on a resular basis in the City for at least two years immediately prior to applying for a permit. However, this requirement shall not apply (i) to any lodge or chapter of a national or international fraternal order or a national or international civic organization which is exempt under § 501 (c) (3) of the United States Internal Revenue Code and which has a lodge or chapter holding a bingo permit issued under the provisions of this article anywhere within this Commonwealth, or (ii) where the Director of Finance provides for the issuance of a bingo or raffle permit for school sponsored activities to booster clubs which have been operating for less than two years, in public schools which are less than two years old. A permit shall be valid only in the City and only at the locations designated in the permit application. However, a permit may be issued to an organization which relocates its maeting place on a permanent basis from one Jurisdiction to another and complies with the requirements of subsection (1) of this section and provided further that the organization was the holder of a valid permit at the time of its relocation. An organization which has obtained a permit under this article to conduct a raffle may sell raffle tickets both in and out of the City. (3) The organization shall be operating as a nonprofit organization and shall have always been operated in the past as a nonprofit organization and shall have been in existence as a nonprofit organization for a period of at least two years immadiately prior to seeking a permit as hereinafter provided. (4) Any organization whose gross receipts from all bingo operations exceed or can be expected to exceed $75,000 in any calendar year shall have been granted tax-exempt status pursuant to § 501C of the United States Internal Revenue Code. Any organization which rents or leases property for the purpose of conducting bingo games suet, as a condition of obtaining a permit, obtain as part of their lease permission of the owner of the rental property to the Director of Finance or his designee, or any law enforcement officer to enter the property for an inspection of records and/or to monitor the conduct of the bingo game or raffle pursuant to § 21-71. (6) An organization shall designate an individual who shall be responsible for filing the annual or quarterly financial report required by this article if the organization goes out of business or otherwise ceases to exist. If annual gross receipts at the time of the organization ceasing to exist or going out of business exceed $200,000, then this individual shall be responsible for attaching the report of an independant certified public accountant as required in § 21-71 (d). (b) All permits shall be issued on a calendar basis and unless otherwise provided shall be valid for one calendar year beginning on January 1. All applications for a permit shall be acted upon by the Director of Finance within 60 days from the filing thereof. (c) Upon completion of the application investigation and compliance with this article, and at the discretion of the Director of Finance, an annual permit shell be issued. (d) The Director of Finance is authorized to issue regulations, which are not in conflict with State or City Code, to ensure the public safety, and welfare in the operation of bingo games or raffles. § 21-69. Li~itmtion on frequenc7 and duration of co-~-ee~ bingo [:=:;, (a) No organization shall hold bingo games more frequently than two calendar days in any one calendar week as defined in § 21-66 , and further no organization shall hold bingo games between the hours of 12:01 a.m. and 6:00 a.m. on a calendar day as defined in § 21-66 . (b) A special permit may be granted at the discretion of the Director of Finance which entitles an organization to conduct more frequent operations during carnivals, fairs and other similar events at its principal meeting place or any other site selected by such organization, which is located in the City and which is not in violation of any local zoning o rdinance. 21-70. "Instant bin~ou. (a) Any organization qualified to conduct bingo games pursuant to the provisions of this article shall be authorized to conduct "instant bingo" as a part of such bingo game and only at such location and at such times as are specified in the bingo application permit for relular bingo games a8 defined in § 21-66. (b) The gross receipts in the course of a reporting year from the playing of "instant bingo" shall not exceed thirty-three and one-third percent of the gross receipts of an organize,lanes bingo operation. <c) Any organization playing "instant bingo" shall maintain a record of the date, quantity and card value of instant bingo supplies purchased as well as the name and address of the supplier of such instant bingo supplies. The organization shall also maintain a written invoice or receipt from a nonnember of the organization verifying any information required by this subsection. (d) No organization shall sell an "instant bingo" card to any individual below sixteen year8 of age. J 21-71. Reports of gross receipts mad disbursements required; fora of reports; failure to file; certificate of compliance; right of entry upon ,premises; records; independent ~¢co~_nting procedure. (a) Complete records of all receipts and disbursements shall be kept by the individual designated on the peruit application and shall be filed annually under oath with the Diector of Finance. The annual or quarterly financial report and other items required to be filed under this section shall be a matter of public record. All accountings shall be made on or before December 1 of each calendar year for which a permit has been issued. The accounting shall include a record of the gross receipts and disbursements of an organization for the year period which commenced on October I of the previous year and a record of all money in the possession of the organization that was derived from bingo or instant bingo, regardless of when the money was received. However, any organization whose gross receipts exceed $50,000 during any calendar quarter 8hall be required to file an additional accounting of its receipts and disbursements during such quarter no later than sixty days following the iasc day of the quarter. "Gross receipts," as used in this section, shall mean the total amount of money received from bingo and "instant btngo" operations before the deduction of expenses or prizes. (b) Ail reports of receipt8 and disbursement8 8hall be made on e form prescribed by the Director of Finance and acknowledged in the presence of a duly authorized notary public, The failure to file reports when due shall cause the automatic revocation of the permit, and no organization shall conduct any bingo game or raffle thereafter until the report is properly filed and e new permit is obtained, including payment of application and processing fee. (c) The financial report shall be accompanied by a certificate, verified under oath, by the Board of Directors that the proceeds of any bingo games or raffles have been used for those lawful, religious, charitable, community or educational purposes for which the organization is specifically chartered or organized and that the operation of bingo games or raffles has been in accordance with the provisions of this article. (d) Any organization having annual gross receipts from bingo games or raffles in excess of $200,000 as shown on its annual financial report, shall attach to such report an opinion of a licensed independent certified public accountant that (t) the annual financial report presents fairly, in ell material respects, beginning cash, receipts, operating cost, use of proceeds, and ending cash; (ii) the proceeds of any bingo games or raffles have been used, in all material respects, for those lowful, religious, charitable, community, or educational purposes for which the organization is specifically chartered or organized; and (iii) the gross receipts have been used in all material respects in accordance with the provisions of this article. The failure to file the opinion of a licensed independent certified public accountant, when required, shall cause the automatic revocation of the permit and no organization shall conduct any bingo game or raffle thereafter until the opinion required by this subdivision is properly filed ~rlth the report and a new permit is obtained including payment of application and processing fee. The opinion required by this section is in addition to the audit and audit fee required by § 21-72. (e) Notwithstanding the provisions of this article requiring an annual audit, the provisions of this Section shall not be construed to prohibit the Director of Finance or hie designee from performing unannounced audits or restrict any right of such official to secure records required to be maintained by the provisions of this article. Any such official shall have the authority to go upon the premises on which any organization is conducting a bingo game for the purpose of carrying out the duties imposed by this article including observation o£ the conduct of games. The application for the bingo permit shall constitute per~teeion from, and authority granted by, such organization as well as the ovner or lessee of the premises on which bingo is to be played to any law enforcement officer, the Director of Finance and or his designee to enter upon such premises, Denial of eccems co the premises by cha organization, the buildin~ owner or any percy shall result in the eucomCic revocation of e' permit. (f) The orfanisaCion shell maintain · written record for three years of the daces on which bin~o is played, the mmber of people in aCCendence on each dace and the auounc of the receipts and prises paid on each day, The orfenisaCion shall also maintain · record of the name end address of each individual Co whom · door prise, regular or special bin~o feue prise or Jackpot from the playin~ of bin~o is meerded, es well as the auounC of the award. The orfenizeCion playing bingo shall else weinCein en iCemised record of ell receipts end disbursements, including operating costs and use of proceeds incurred in operating bingo fames, (f) All records required Co be noinCeined by chis secciom shall be kept ac the sl~e ec which bingo is played es sec fetch in the permit or eC the organization's local address es listed on the application. All records shall be node available Co inspection immediately upon the request of Cbs Director of Finance or his designee. Each orgenisaCion shall designees · member on the application form co be responsible for providing access Co Chess records. 21-73 ..Prohibited praccioms. In addition co chose ocher practices prohibited by chis article, the followinf ecCs or practices shall also be prohibited under cha provisions chis ercicle~ (e) No organization shall euCer imco a contract with, or ocher~rise employ for coupensecion any person, firm, emsociaCion, organization, partnership, or corporation of any classification whatsoever for the purpose of orfanising, manefinf, or conduccinf bingo fames or raffles. However, chis subsection shall nsc prohibit the Joint operation of bingo fames under J 21-77. (b) No person, firu, association, orfunizaCion, percnershlp, or corporation shall pay or receive for use of any promises devoted, in whole or in parc, co the conduce of blurs Somas or raffles any consideration in excess of the current fair norkeC rental value of such property. For purposes of chis article, no fair market rental value consideration shall be based upon or determined by reference co a percencnge of cha proceed- derived from the operation of binfo fanes or raffles nor shall such consideraciun be based upon or determined by any reference co the number of people in attend-rice ac such bingo fames or raffles, Each day in violation of chis subsection shall constitute a separate Class I misdeueanor as set fetch in J 21-74 (b). it) No building,or ·that prell·ex shall bs utllizad in whola or in part for the purposa of conductin~ bingo gauSS tmrs frequantly than Cwo calendar days in any one calender week ss defined by J 21-66 except es follows: The provisions of this subsection shall not apply to the playing of bingo pursuant to s special perait issued in accordance with J 21-69 ih), (2) Ho Imilding or other prexises sewed by an organization as defined by J21-71 of chis articls and qualified ex s tan-exenpt organization pursuant to iS01 (c) of the Internal Revenue Cods shall be utilized in vhols or in pert for the purpose of conducting bingo games nora frequently than four calender dayl in any one calendar week. (d) No person except n bona fide eeaber of an organization defined by J 21-66 who has been a mambsr reflected on the organisstion's list of umbers filed with tho Director of Fins·cs for at least ninety dsys prior to such participation, or the spouse of such listsd Be·bar if s Iisted ne·bar is present, shall participate in the anna·anent, operation or conduct of any bingo gene or raffls. No psrson shsll receivs any renu·oration for participating in the management, operation or conduct of any ouch game or raffle except that person el·hiss· yesrs of agn and under who sell raffle tickets to raise fund~ for youth activities in which they participate may receive nonaonetar7 incentive awards or prizes fr~ the organization provided that organization is nonprofit. (a) No organization shall saner into any contract with or otherwise euploy or compensate any manbar of that organization regarding the sale of bingo supplies or equipment. (f) Ho organization shall award say bingo prise wonay or any merchandise valued in excess of cbs following amounCs~ (l) no bingo door prize shall exceed $25, (ii) no rnsulsr bingo or special bingo gm shall sword a prize in excess of $100, sad (iii) no bingo Jackpot of any nsturs whatsoever shall exceed $1,000, nor shall the total aaonnt of bingo Jackpot prizes awarded in any one calendar day excexd $1,000. (g) Excspt as provtdnd herein, no organization shall award any raffle prize or prizes valued st mrs than $100,000 during any calendar year. Tho $100,000 liuitation shall not apply to s raffle conductsd no Bors than once per calendar year by an organization qnallflsd ns a tan-exeBpt orgsnlzstiou pursuant to S 501 (c) (3) of tho Intsrnal Revs·ua Cods for a prize consisting of a lot improvad by a residential dmelling vharn 100 percent of the noways received frou such raffle, lass deductions for the fair market value for the cost of acquisition of Cha land and materials, sro donated to lawful religious, charitable, coemunity, or nducaCional organizations specifically chartered or organized under the lays of the Cones·wealth end qualified az a 501 (c) (3) tax-exempt organization. (h) Any bingo game in which all the gross receipts from players for thaC game are paid back Co the players ae prize nosey shall nsc be subject to the lini~ations of subsection (f) of this section, but there shall not be more than one such g~me per calendar day of play as defined in t 21-66 and the prize money from any such game shall not exceed $1,000. (i) No person shall participate in the operation of bingo games for more than one organlzatiou in any one calendar year. A calendar year shall run from January I thru DeceRber 31. (J) The sponsoring organization shell accept only cash or, at its option, checks in payment of any charges or ·ssessments for player· to participate in bingo game. (k) The averd of any prima Boney for auy bingo or raffle shall not be deemed Co be parc of any ga~Lng contract within the purview of Section 11-14, Code of Virginia (1950), as emended. ! 21-74. Denial~ suspanalou or revocation of perudt~ penalties. (a) The Director of Finance may deny, suspend or revoke the perui~ of any organization found nsc to be in strict compliance with the provisions of chis (b) Any person violating the provisions of J 21-66 thru J 21-77,1 shall be guilty of · Class I misdemeanor. J 21-75. ~-eorcement of article~ injunctive relief. In tho event chac any person violates the provisions of thio article, chon the Coumonwealch*e Attorney or the City Attorney may, in addition to the foreKoing criminal penalties, apply co the appropriate circuit cour~ for an injunction restraining the continued opera,ion of bingo games or raffles or any aspec~ ~heroof. J 21-76. .Hearings and appnale. Unless auto--tiC revocation is required by ordinance, no pamit to conduct bingo lams or rafflna ehall be denied, suspended or revoked except upon notice stating the proposed basis for such action end the tim and place for a hearing before the D/rector of Finance thereon. ~here a permit is automatically revoked, the orfaninscion My request a hearing with the Director of Finance. After a hearing, the Director of Finance may refuse Co issue or My suspend or revoke any ouch permit if he deteruinss thac the organization has not complied rich the provisions of this article. Any orfaninstion nglrieved by the decision of the Director of Finance my appeal such decision co cbs circuit court, 21-77. Joint operation of bingo gmesl routrictional special parndt required. (a) Two qualified organizations es defined in thio article My Jointly organize and conduct bingo fanes provided both have been issued a pereic under Cha provisions of ! 21-67 and provided both fully comply with all other provisions of chis article. (b) Any cvs qualified orgauisntions Jointly conducting bingo game shall be subject to cha sm restrictions and prohibitions contained in this article chic would apply co a single organization conducting bingo fanes. Organizations Jointly conducting bingo gms shall not circumvent any restrictions and prohibitions which would oCharvins apply if a single organization yarn conducting such gms. These restrictions and prohibitions shall include, but nsc be limited co, cha frequeucy with which bingo game My be held, cha value of mrohandins or Wonay awarded as prizes, and all other practices prohibited under J ~1-73 and Section 18.2-340.9 &, Code of Virlinia (1950), as mended. (c) Any ~do qualified organizations uhich wish Co Jointly conduct ons or more - bingo lams shall furnish to Cha Director of Finance n uTICCau report setting forth the division of mnpover, cnsce, and proensdu for naeh lane co be Jointly conducted. Open a finding chac Cha division of mnpover and costs for each lam beers a reasonable rnlacionahip co cbe division of proceeds, cbs Director of Finance shall issue n special permit for the Joint conduct of approved bingo gauss. No bingo gm My be Jointly conducted until this special pernic is obcainsd by Chh orfauinatiou involved for that bingo J 21-77,1. Oul! raffles, banjo end instant bingo !---e permitted. This article permits organizations to conduct raffles, bingo and instant bingo game. All gms usc explicitly authorized by this article are prohibited. 3. This ordinance shall not affect the validity of any bingo or raffle permit for the 1990 calendar year issued prior to the effective date of this ordinance; provided, however, (i) the issuance of any bingo or raffle permit on or after the effective date of this ordinance shall be in accordance with the provisions of this ordinance and (ii) the ter~s and conditions of the ordinance shall apply to any bingo games or raffles conducted on or after the effective date of this ordinance. 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, City Clerk. MINUTES OF THE AUDIT?COMI~ITTEE OF ROI~NOKE CITY COUNCIL May 21, 1990 1:00 1140 p.m. Members Presents E. T. Bowles, D. A. Bowers, B. T. Fitzpatrick, H. E. Musser Others Present: W. L. Brogan, W. R. Herbert, W. C. Dibling, J. M. Schlanger, F. B. Mayorshi, T. D. McQuade, D. S. Caldwell, M. D. Hooper, J. R. Branscom, W. X. Parsons, R. N. Collis, K. F. Mundy, Members of Local Press Received, reviewed and filed the KPMG Peat Marwick June 30, 1990 Audit Plan. 2. Withdrew from agenda the KPMG Peat Marwick Financial Trends Analysis report as requested by the Municipal Auditor. 3. Received, reviewed and filed the report from the Municipal Auditor concerning bingo activities. Reviewed the revised bingo ordinance and unanimously agreed to refer this ordinance to City Council at its May 29, 1990 meeting. Received with regret the notice of retirement by William L. Brogan as Municipal Auditor, and agreed to request that City Council start the process of employing a Municipal Auditor so that this position can be filled by October 1, 1990. avia--~. Bowers, Chairman Municipal Auditing May 21, 1990 Members of City Council Audit Committee Roanoke, Virginia As you know, I plan to retire from the position of Municipal Auditor on September 30, 1990, the end of my current term. I would like to take this opportunity to thank all Committee members, both past and present, for the guidance and support to me during the past 16 years. given If there is any way that I can assist City Council in filling this position, I will be pleased to do so. Respectfully, William L. Brogan Municipal Auditor ewb IN THE COUNCIL OF THE CITY OF ROANOKE, The 18th day of June, 1990. No. 30111-61890. VIRGINIA, AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by enacting new S21-72, Audit of reports; fee, to pro- vide for the audit of bingo and raffle reports and to establish the fee for such audits; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as asended, is hereby amended and reordained by the addition of the following new section: §21-72. Audit of reports; fee. (a) All reports filed pursuant to §21-71 shall be audited by the Director of Finance or his designee. All reports shall be a matter of public record., (b) An audit fee shall accompany each annual report. The fee shall be calculated on an annual basis and shall equal one and one-half percent of the first one hundred fifty thousand dollars and two percent of any amount in excess of one hundred fifty thousand dollars of the total of (i) the gross receipts which an'organization reports pursuant to §21-71 and (ii) the interest income on money that the organization has received from bingo or instant bingo operations. (c) The audit fee shall be payable to the City Treasurer. Ail audit fees shall be separately accounted for and shall be used only for the purpose of auditing and regulating bingo games and raffles. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. Attest: City Clerk. ¢,~ o~ .OA~,~O,~. VA. June 18, 1990 S~JE~: Honorable Mayor and Members of City Council Joel M. Schlanger, Director of Finance Wilburn C. Dibling, Jr., City Attorney Donald S. Caldwell, Commonwealth Attorney Bingo Ordinance On Monday, May 28, 1990, City Council passed a new ordinance providing for the regulation of bingo and raffle games in the City. At the meeting it was requested that proposed Section 21-72 relating to the audit of reports and fees be removed so that further study could be completed. We have met and evaluated this section. As you are aware, the Code of Virginia allows for the local governing body to establish a reasonable audit fee of up to two (2) percent of the total gross receipts. With start-up costs associated with developing new forms, procedures, rules and regulations, and explanatory information, it is expected that over $50,000 will be spent the first year. We have spoken with other localities and find that the reason the General Assembly raised the fee in the 1990 Session was because the one (1) percent fee was not covering actual costs, and the localities found that the General Fund had to subsidize this special regulatory section. Honorable Mayor and Members of City Council Page 2 JUne 18, 1990 We have again reviewed these fees and the gross receipts collected (as was reported) by the organizations last year. In order to sustain an active program of enforcement and the maintaining and processing of applications, the following fee schedule is recommended: 1.5% of the first $150,000 of gross receipts 2.0% of all gross receipts over $150,000 At the end of the first full year of operation we will review the revenue collected to ensure that it is supporting the program that you intended. If we have collected more than is necessary to support the program we will recommend a reduction in the fee schedule. Also, sufficient to administer an increasing the fees. if the revenue collected is not adeq~/ate program, we will recommend The ordinance attached is recommended for passage. Donald S. Caldwell Commonwealth Attorney JMS/WCD/DSC/kp Attachment CITY OF I~OANOKF... VA. June 11, 1990 S~JE~: Honorable Mayor and Members of City Council Joel M. Schlanger, Director of Finance Wilburn C. Dibling, Jr., City Attorney Donald S. Caldwell, Coz~onwealth Attorney Bingo Ordinance On Monday, May 28, 1990, City Council passed a new ordinance providing for the regulation of bingo and raffle games in the City. At the meeting it was requested that proposed Section 21-72 relating to the audit of reports and fees be removed so that further study could be completed. We have met and evaluated this section. As you are aware, the Code of Virginia allows for the local governing body to establish a reasonable audit fee of up to two (2) percent of the total gross receipts. With start-up costs associated with developing new forms, procedures, rules and regulations, and explanatory information, it is expected that over $50,000 will be spent the first year. We have spoken with other localities and find that the reason the General Assembly raised the fee in the 1990 Session was because the one (1) percent fee was not covering actual costs, and the localities found that the General Fund had to subsidize this special regulatory section. Honorable Mayor and Members of City Council Page 2 June 11, 1990 Several organizations have expressed that they felt the two (2) percent fee is too high, however fully understanding that there is no intention to subsidize this activity from the General Fund. We are recommending that the two (2) percent fee be implemented effective immediately. At the end of one full year of operation we will review the fee and recommend a reduction in said fee if it is found that the excess fees have been collected. Also in reviewing this section we evaluated the application and processing fee set forth in Section 21-67. It is felt that this fee should be revised and split into two specific parts with bingo application and processing fees remaining at two hundred dollars ($200.00) and raffle application and processing fees being twenty-five dollars ($25.00). It is found that raffle application reviews and processing will take less time and thus the cost should be less. The ordinance attached is recommended for passage. JMS/WCD/DSC/kp Attachment Donald S. Caldwell Commonwealth Attorney June 13, 1990 File #60-285 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30097-61190 amending and reordaining certain sections of the 1989-90 General Fund Appropriations, providing for the appropriation of $50,000.00, in connection with the creation of a new position to monitor the new Bingo/Raffle Ordinances. Ordinance No. 30097-61190 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 11, 1990. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. ~. Robert Ms. Deborah J. Ms. Arcelia Herbert, City Manager Moses, Chief of Billings and Collections B. Haston, Junior Accountant, Office Management and Budget of Room 456 Municipal Building 215 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2541 IN '£~u~ COUNCIL OF 'fez CITY OF ROANOKE, VIRGINIA The llth day of June, 1990. No. 30097-61190. AN ORDINANCE to amend and reordain certain sections of the 1990-91 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. BE IT ORDAINED by THEREFORE, the Council of the City of 1990-91 General Fund hereby, amended and Roanoke that certain sections of the Appropriations, be, and the same are reordained to read as follows, in part: ADDroDriations General Government Billings and Collections (1-8) .................... $7,961,538 842,460 Revenue Permits, Fees, and Licenses (9) ................... $ 570,218 1) Regular Employee Salaries 2) City Retirement 3) FICA 4) Admin. Supplies 5) Training and Development 6) Local Mileage 7) Postage 8) Expendable Equipment 9) Bingo and Raffle Permits (001-004-1232-1002) $24,000 (001-004-1232-1105) 3,120 (001-004-1232-1120) 1,200 (001-004-1232-2030) 10,000 (001-004-1232-2044) 3,000 (001-004-1232-2046) 2,000 (001-004-1232-2160) 5,000 (001-004-1232-2035) 1,680 (001-020-1234-0303) 50,000 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. June 11, 1990 FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Bingo and Raffle Permit Administration Ordinances passed by City Council have transferred the authority of reasonable investigation of applications for bingo and raffle permits, the issuance of rules and regulations of bingo games and raffles, and the auditing of proceeds for such activities plus other related activities to the Director of Finance. In order to carry out this very important function, it is recommended that a position be created in the Office of the Director of Finance equal to that of an Accountant or our Tax Compliance Administrator, currently pay scale II. In order to provide for salary, benefits, and operating expenses, it is recommended that the sum of $50,000 be appropriated. I would recommend that Council concur in the establishment of one new position and the appropriation of the necessary funds to carry out these required duties. There will be n__o cost to the General Fund as these funds are dedicated revenues coming from application and processing fees as well as the auditing fee as currently set forth in existing ordinances. JMS/kp Attachment June 13, 1990 File #24A-72 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30070-61190 amending and reordaining §2-66, Unclassified and classified services generall2; original appointments; probation, Code of the City of Roanoke (1979), as amended, by the addition of a new subsection (bl), such new subsection providing that upon approval of the State Department of Social Services, employees of the City's Department of Social Services shall be governed by the provisions of Chapter 2, Administration, Code of the City of Roanoke (1979), as amended, except to the extent of any inconsistency between provisions of such Chapter and provisions of the Code of Virginia (1950), as amended. Ordinance No. 30070-61190 was adopted by the Council of the City of Roanoke on first reading on Monday, June 4, 1990, also adopted by the Council on second reading on Monday, June 11, 1990, and will take effect ten days following the date of its second reading. S{ncerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP : ra Enc o pc: The Honorable Roy B. Willett, Chief Judge, Circuit Court The Honorable Clifford R. Weckstein, Judge, Circuit Court The Honorable Diane M. Strickland, Judge, Circuit Court The Honorable Kenneth E. Trabue, Judge, Circuit Court 305 East Main Street, Salem, Virginia 24153 Room 456 Municil~al Builcting 215 Church Avenue S W Roanoke, Virginia 240t 1 (703) 981-2541 Mr. ~. Robert Herbert June 13, 1990 Page 2 pc: The Honorable G. O. Clemens, Judge, Circuit Court, P. 0. Box 1016, Salem, Virginia 24153 The Honorable Philip Trompeter, Chief Judge, Juvenile and Domestic Relations District Court Fred L. Hoback, Jr., Judge, Juvenile and ions District Court Joseph M. Clarke, II, Judge, Juvenile and ions District Court Edward S. Kidd, Jr., Chief Judge, General Julian B. Raney, Jr., Judge, General District Richard C. Pattisal, Judge, General District The Honorable Domestic Relat The Honorable Domestic Relat The Honorable District Court The Honorable Court The Honorable Court The Honorable Patsy Testerman, Clerk, Circuit Court The Honorable Donald S. Caldwell, Commonwealth's Attorney Ns. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Mr. Ronald Albright, Clerk, General District Court Hr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Ritchie, Director of Human Resources Ms. Corinne B. Gott, Superintendent of Social Services Mr. George C. Snead, Jr., Director of Administration Public Safety and Mr. Kenneth S. Cronin, ~anager, Personnel Management Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Mr. Bobby D. Casey, Office of the Magistrate, p. 0. Box 13867, Roanoke, Virginia 24037 Ms. Clayne M. Calhoun, Law Librarian Mr. Robert L. Laslie, Vice President - Supplements, Municipal Code Corporation, p. 0. Box 2235, Tallahassee, Florida 32304 IN THE COUNCIL OF THE CITY OF ROANOKE, The llth day of June, 1990. No. 30070-61190. VIRGINIA, AN ORDINANCE to amend and reordain §2-66, Unclassified and classi- fied services ~enerally; original appointments; probatio,,, Code of the City of Roanoke (1979), as amended, by the addition of a new subsec- tion (bl), such new subsection providing that upon approval of the State Department of Social Services, employees of the City's Department of Social Services shall be governed by the provisions of Chapter 2, Administration, Code of the City of Roanoke (1979), as amended, except ' to the extent of any inconsistency between provisions of such Chapter and provisions of the Code of Virginia (1950), as amended. BE IT ORDAINED by the Council of the City of Roanoke that Unclassified and classified probation, amended by as follows: $2-66, services senerall¥; original appointments; Code of the City of Roanoke (1979), as amended, shall be the addition of new subsection (bl) reading and providing §2-66. Unclassified and classified services generally; ori~inal appointments; probation. (bi) Upon approval of the State Board of Social Services, employees of the City's Department of Social Services shall be governed by the provisions of this Chapter except to the extent of' any inconsistency be- tween provisions of this Chapter and provisions of the Code of Virginia (1950), as amended. ATTEST: City Clerk. June 4, 1990 The Honorable Mayor and Members of City Council Roanoke, Virginia Mayor and Members of Council: SUBJECT: ~ TO 'r~ CITY CODE I. BACKGROUND Ao State Code Section 63.1-26 gives responsibility to the State Board of Social Services to make necessary rules and regulations governing the employment of personnel in the local departments of Social Services in the State of Virginia. Bo State Board of Social Services recognizes that this creates a certain cumbersome system at times and, therefore, has made it possible for local g6verning bodies to gain permission to be exempted from State hiring procedures if certain conditions are met by the locality. Amendment to City Code is required in order to obtain an exemption from the State. II. CURRENT SITUATION Under present practice, an applicant for a Social Services position must complete both a City application and a State application for employment. State application is then mailed to the State Personnel Office for screening before selected. Applications are then returned to the local Department for interviewing. 2o This process is cumbersome and delays the selection process up to two months. City Code chanKe will allow the City to fill a vacancy four to six weeks sooner than current practice. This will result in better service to our applicants for employment and will improve our delivery of services to our citizens. Co Local Board of Social Services is requestin8 that the Code of th,. City of Roanoke (1979)~ as amended~ be amended to provide that employees of the Department of Social Services shall be included in the classified service of the City except as otherwise provided by the Code of Virginia. Page Two CC III. ISSUES A. Timeliness. B. Legal. C. Cost. IV. ALTERNATIVES Approve the Ordinance to add a new Subsection (bl) to 2-66 1. Timeliness - Applicants for employment with the City will receive services in a more timely manner. 2. Legal - The City Code will comply with the State Code. Cost - Code change will not require an increasp in budgeted amount for Personnel for Social Services, but will reduce the amount of personnel lapse usually generated by length of time currently involved in filling vacancies. Do not approve the Ordinance to amend and reordain Subsection (b) of 2-66. Timeliness - Applicants for employment with the city Department of Social Services will not receive equal treatment as applicants for other City positions. Legal - The City Code will not comply with State Code Section 63.1-26. 3. Cost - Not an issue. IV. RECOMMENDATION Approve an Ordinance to add a new Subsection (bl) to Section 2-66, unclassified and classified Services generally; original appointments; probation, of the Code of the City of Roanoke (1979) as amended, to provide that employees of the Department of Social Services shall be included in the classified service of the City except as otherwise provided in the Code of Virginia. Respectfully submitted, W. Robert Herbert City Manager Wilburn C. Dibling, City Attorney Joel M. Schlanger, Director of Finance James D. Ritchie, Director of Haman Resources Corinne B. Gott, Superintendent of Social Services June 13, 1990 File #21-166 Mr. ~. Robert Herbert City Manager Roanoke, Virginia Dear ~lr. Herbert: I am attaching copy of Ordinance No. 30080-61190 authorizing a license and access agreement with Carilion Health Systems for City-owned property adjacent to Roanoke Memorial Hospital, upon certain terms and conditions. Ordinance No. 30080-61190 ~s adopted by the Council of the City of Roanoke on first reading on Monday, June 4, 1990, also adopted by the Council on second reading on Monday, June 11, 1990, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, C~C/AAE City Clerk ~FP: r a Enc. pc: Mr. I. B. Heinemann, Vice-President, Roanoke Memorial Hospitals, P. 0. Box 13367, Roanoke, Virginia 24033 Mr. Thomas T. Palmer, Attorney, P. O. Box 720, Roanoke, Virginia 24004-0720 ~r. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Gperations Mr. M. Craig Sluss, Manager, Water Department Room 456 Municipal Building 215 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, lhe llth day of June, 1990. No. 30080-61190. AN ORDINANCE authorizing a license and access agreement with Carillon Health Systems for City-owned property adjacent to Roanoke ~emorial Hospital upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City ~anager or Assistant City ~anager and City Clerk are author- ized to execute and attest, respectively, in form approved by the City Attorney, an appropriate license and access agreement with Carillon Health Systems for the purpose of performing subsurface lnvestiEations and test borings on property on or adjacent to City-owned property leased to Carilion Health Systems and on or adjacent to the right-of-way of Weller Lane S.E., said agreement to provide for appropriate indemnification and public liability insurance, as well as such other terms and conditions as are deemed necessary to protect the City's interests, as more par- ticularly set forth in the report to this Council dated June 4, 1990. ATTEST: City Clerk. Roanoke, Virginia June 4, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia Subject: License & Right of Access Agreement Carilion Health Systems Test Borings on City-owned Property Dear Members of Council: I. Background: Expansion of Roanoke Memorial Hospital by Carillon Health Systems has been publicized. Expansion involves exchange of properties between City and Carillon. Bo Preliminary planning information has been presented to the City, and, subsequently by the City Manager to the Water Resources Committee (WRC). Co Authority to proceed with negotiations and preliminary engineering reviews was granted by the WRC to the City Manager with any proposed agreement to be brought back through the WRC to Council for approval. II. Current Situation: Request to enter upon City-owned property and street ri~ht-of-way for the purpose of doing test borings has been received from Carilion Health Systems. (See attached letter.) Bo Seven (7) locations for boring are located on or adjacent to City- owned property leased to Carilion and three (3) locations are in or adjacent to the right-of-way of Weller Lane, S.E. (See attached map.) C. Draft license and Right of Access A~reement has been provided by Carillon Health Systems. (See attached.) III. Issues: A. Need B. Timing C. Protection of Water Supply D. Indemnification & Public Liability Insurance Page 2 IV. Alternatives: A. Council authorize the appropriate City officials to execute a License and Right of Access Agreement, in a form approved by the City Attorney, and containing provisions for the protection of Crystal Spring, indemnification and public liability insurance in amounts stated in the attached draft agreement. 1. Need by Carillon Health Systems for geotechnical investigation of site of proposed hospital addition is met. 2. Timin~ to permit borings to proceed immediately is met. 3. Protection of Water Supply is assured. 4. Indemnification and Public Liability Insurance provided by petitioner. Council not authorize the appropriate City officials to execute license and Right of Access Agreement permitting test borings on City property and street right-of-way by Carillon Health Systems. 1. Need by petitioner for investigation of sub-surface conditions in area of proposed hospital expansion not met. 2. Timing to permit borings to proceed immediately is not met. 3. Protection of Water Supply is not an issue. 4. Indemnification and Public Liability Insurance is not an issue. Recommendation: Council authorize the appropriate City officials to exe- cute a License and Right of Access Agreement to permit sub-surface investigation on the site of the proposed expansion of Roanoke Memorial Hospital in accordance with Alternative "A". Respectfully submitted, W. Robert Herbert City Manager WRH/RVH/fm Page 3 Attachments CC: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations Manager, Water Department Thomas T. Palmer, Woods, Rogers, Hazelgrove I. B. Heinemann, Carillon Health Systems WOODS, lqOOEFIS ~ HAZLEGROVE 982-4286 May 30, 1990 HAND DELIVERED Mr. W. Robert Herbert City Manager 215 Church Avenue, S.W. Roanoke, Virginia 24011 Re: Test Borings - Roanoke Memorial Hospitals Dear Mr. Herbert: On behalf of our clients, Roanoke Memorial Hospitals and Carilion Health System, we would request that a license and right of access be granted to Roanoke Memorial Hospitals for the purpose of conducting test borings on City property adjacent to the Hospital. These test borings are necessary in conjunction with RMH's consideration of a planned south-wing addition to the Hospital. The specific locations of these test borings are shown on the plats attached to this letter. As indicated, a number of these borings would be on the front parking area which is leased from the City of Roanoke, and several borings would be in or adjacent to Weller Lane. It is our understanding that at no time would it be necessary to close all of Weller Lane since that is the access to the Hospital's emergency room. The Hospital shall indemnify the City for all actions taken in connection with these test borings and will have appropriate insurance in place during the boring operations. The Hospital is also willino to enter into an aqreement similar to the one attached evidencing its agreement to the aforementioned terms and also to any other requirements imposed by the City. Mr. W. Robert Herbert Page 2 May 30, 1990 If you or any member of your staff requires additional information, please feel free to contact me or I. B. Heinemann at Roanoke Memorial Hospitals. Otherwise, we would appreciate your assistance in bringing the matter before the next meeting of City Council or as soon thereafter as possible. Thank you very much for your assistance. Very truly yours, THOMAS T. PALMER TTP/bcw Enclosure cc: Mr. Kit B. Kiserv Mr. Mark Williams Mr. I. B. Heinemann Briggs W. Andrews, Esq. T~IS LICENSE AND RIGHT OF ACCESS AGREEMENT is entered into this day of , 1990, by and between the CITY OF ROANOKE, VIRGINIA ("City"), and CARILION HEALTH SYSTEM, formerly ROANOKE HOSPITAL ASSOCIATION, INC. ("CHS"). W I TN E S S E T H WHEREAS, CHS leases from the City pursuant to a Lease Agreement dated September 4, 1956, as thereafter amended, a portion of a certain 62 acre tract of land (Official Tax No. 4060502), bound on the north by Belleview Avenue, on the west by Jefferson Street, on the east by Weller Lane (formerly Lake Street) and on the south by the Old Mill Mountain Incline right-of-way and north of the Water Department building; and WHEREAS, CHS desires to have certain tests and borings done on the above-described property and on portions of Weller Lane (such property and street being hereafter collectively referred to as the "Property") to determine the subsurface features of the Property. NOW, THEREFORE, FOR AND IN CONSIDERATION of the premises and of the mutual covenants and promises hereinafter contained, the City hereby grants to CHS, its consultants, contractors, and subcontractors, and the officers, agents, servants and employees of any of them ("CHS and its agents"), the right to enter upon the Property above described for the purpose of making certain geotechnical investigations as hereinafter set forth under the following terms and conditions: 1. CHS and its agents shall enter upon the above Proper- ty and take only such actions as reasonably necessary to make such excavations, test borings and other tests to determine the subsurface condition of the Property. 2. CHS and its agents shall disturb the Property no more than reasonably necessary to accomplish the aforesaid purposes, shall restore the site as nearly as practicable to its original condition before entry, and shall leave the site clean, clear and in good order. 3. CHS and its agents shall give the City or its desig- nee reasonable and sufficient notice when it intends to enter upon the Property and shall enter upon such Property only with the approval of the City or its designee. CHS acknowledges that there may be utility lines beneath the Property, the location of some of which may be unknown. CHS promises and agrees that all activities in, under, or upon the Property, pursuant to this license and right of access, shall be conducted with the utmost care to avoid damage to the Property or to any such utility lines. Damage to any utility line shall be repaired at the sole cost of CHS. 4. CHS shall provide, during the performance of any work or activity on the Property, evidence of commercial general liability coverage as required in Paragraph 6 on behalf of itself, shall include the City as an additional insured, and --2-- shall require all contractors and subcontractors performing such work to provide similar coverage. 5. CHS shall pay, protect, indemnify and hold harmless the City, its officers, agents and employees from and against any and all liabilities, damages, costs, expense, claims, demands, suits or judgments of any nature whatsoever, includ- ing, without limitation, reasonable attorney's fees, arising out of bodily injury to or death of persons, or damages to property on or arising out of CHS or its agents' use of the Property. 6. CHS shall, at its cost and expense, obtain and maintain at all times when action is being taken pursuant to this agreement, commercial general liability insurance with companies of recognized standing, including protection against bodily injury or death, liability and property damage liabil- ity, providing no less than $1,000,000.00 combined single limit liability per occurrence, which policy shall name the City as additional insured. CHS shall furnish the City with a certifi- cate or certificates showing the type, amount, effective dates and date of expiration of the required insurance policy or policies for the duration of activities pursuant to this agreement. The certificate shall contain substantially the following statement: "The insurance covered by this certifi- cate shall not be cancelled or materially altered, except after thirty (30) days' written notice has been received by the City. 7. CHS covenants and agrees that in the event any repair to City's public utility facilities or lines becomes necessary, for any reason whatsoever, in City's sole and exclusive discretion, CHS shall repair to its original condition any such disturbance and shall perform any excavation and digging required in the repair of such facilities or lines, to City's satisfaction at CHS's sole cost and expense. CHS and its agents shall receive prior approval from City's Manager of Utility Line Services Department prior to undertaking any activity which will involve disruption of the City's utilities. CHS further covenants and agrees to reimburse City at the prevailing City rate for all work related to any repairs of City's public utility facilities undertaken by City and required as a result of CHS's activity on the premises. WITNESS the following signatures: CITY OF ROANOKE, VIRGINIA ATTEST: By: City Manager CARILIN HEALTH SYSTEM, (formerly Roanoke Hospital Association, Inc.) By.. Its APPROVED AS TO FORM AND EXECUTION By: Assistant City Attorney --4--