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HomeMy WebLinkAboutCouncil Actions 06-18-90Trout (30098) REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL June 18, 1990 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Mayor Taylor was absent. The invocation will be delivered by The Reverend Frank W. Feather, Pastor, Forest Park Baptist Church. Present. The Pledge of Allegiance to the Flag of the United States of America will be led by Vice-Mayor Beverly T. Fitzpatrick, Jr. BID OPENINGS Bids for Hemlock Hills Storm Drain Improvements from Guernsey Lane to West Side Boulevard, N. W. Three bids were referred to a committee composed of Messrs. Garland, Chairman, Clark and Kiser for tabula- tion, report and recommendation to Council. C-1 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 ~ILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. A report of the City Manager with regard to pipe failure at the rear of property located at 218 Houston Avenue N. E. to Carvins Creek. ' ' RECOMMENDED ACTION: Receive and file. REGULAR AGENDA Hearing of Citizens Upon Public Matters: Petitions and Communications: None. (1) None. 5. Reports of Officers: a. City Manager: Briefings: None. Items Recommended for Action: A report with regard to governmental electric rate negotiation and fee proration, and transfer and encumbrance of funds therefor. o Adopted Ordinance No. 30098-61890. (6-0) A report recommending authorization to execute real estate options on properties located at 913 and 931 Kellogg Avenue, N. W., in connection with the Home Purchase Assistance Program. Adopted Ordinance No. 30099-61890. (6-0) A report concurring in the recommendations suDmitted by the City Manager's Follow-Up Task Force on Homelessness for the allocation of Emergency Shelter Resource Funds; and recommending authorization to execute certain sub- grant agreements with Roanoke Area Ministries, Roanoke Valley Trouble Center, Inc. (TRUST), and Total Action Against Poverty. Adopted Resolution No. 30100-61890. (6-0) A report recommending execution of certain agreements in connection with the Emergency Home Repair Program. Adopted Ordinance No. 30101-61890 and Resolution No. 30102-61890. (6-0) A report concurring in a report of a bid committee recommending acceptance of the bid submitted by Magic City Ford, in the amount of $17,487.00 for a new four- wheel drive mini van. Adopted Ordinance No. 30103-61890 and Resolution No. 30104-61890. (5-0, Mr. Bowers abstained from voting.) A report concurring in a report of a bid committee recommending acceptance of the bid submitted by Fire and Safety Equipment, in the amount of $13,067.37, for nine new breathing air masks and cylinders to be used by the Fire Department. Adopted Resolution No. 30105-61890. (6-0) (2) A report concurring in a report of a bid committee recommending acceptance of certain bids submitted to the City for the purchase of water and sewage treatment chemicals. Adopted Resolution No. 30106-61890. Director of Finance: (6-0) 1. A report in connection with transfer appropriations for fringe benefits. Adopted Ordinance No. 30107-61890. City Attorney: (6-0) A report with regard to amending the Code of the City of Roanoke (1979), as amended, to specifically prohibit parking, standing or stopping in a parking lot, parking facility or other area designed for parking which has been posted by clearly visible signs or markers or where oral notice has been given, and increasing the fine for violation thereof. Adopted Ordinance No. 30108-61890. Reports of Con~nittees: (6-0) A report of the Citizens' Services Committee submitting recommendations for funding of qualified agencies for fiscal year 1990-91. Mr. James D. Ritchie, Chairman. Adopted Ordinance No. 30109-61890 and Resolution No. 30110-61890. (6-0) 7. Unfinished Business: a. A report with operations. Mr. ~ilburn C. Dibling, Jr., City Attorney; and Donald S. Caldwell, Commonwealth Attorney. Adopted Ordinance No. 30111-61890. (6-0) Introduction and Consideration of Ordinances and Resolutions: a. regard to a recommended audit fee for bingo Mr. Joel M. Schlanger, Director of Finance; Mr. Ordinance No. 30081, on second reading, rezoning a tract of land lying on Lynn Avenue, S. ~., designated as Official Tax Nos. 1271811 1271815, inclusive, from LM, Light Manufacturing District, to C-1, Office District; and rezoning Official Tax No. 1271816, from C-2, General Commercial District, to C-1, Office District, subject to certain conditions proffered by the petitioners. Adopted Ordinance No. 30081-61890. (6-0) (3) 10. Ordinance No. 30082, on second reading, rezoning 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, from Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Adopted Ordinance No. 30082-61890. (6-0) Motions and Miscellaneous Business: Inquiries and/or comments by the Vice-Mayor and ~embers of City Council. Vacancies on various authorities, boards, commissions and committees appointed by Council. Other Hearings of Citizens: (4) Honorable Mayor and Members of City Council Roanoke, Virginia Roanoke, Virginia June 18, 1990 Dear Mayor and Members of Council: Subject: Pipe Failure Rear of 218 Houston Avenue, N.E. to Carvins Creek The background of this situation is as follows: The property owner of 218 Houston Avenue, N.E. advised the Engineering Department of a large hole and washout at the rear of his property. Investigation revealed that a 20' deep storm drain manhole had collapsed, except for one side which was holding back the bank. A 30 inch corrugated pipe that outflowed from the manhole down a 40 to 45 percent grade for a distance of 300 linear feet to Carvins Creek had been completely uncovered, exposed and separated. Aaron J. Conner~ General Contractor, Inc. presently has two crews in the area working on the Williamson Road Storm Drain Project. The Engineering Department instructed Aaron J. Conner, General Contractor, on June 7, 1990, to proceed with making the necessary repairs. The estimated cost for these repairs will be approximately $30~000.00 to $35~000.00. Description of the method of correction is as follows: 1. The area of repair will involve placing a stone base road across Carvins Creek and cutting a work road to the site. 2. Remove the existing pipe, all of which appears to be in good condition, and regrade and fill in the eroded area. Install a new precast concrete manhole, connect onto the existing pipe with a special wye connection so the flow will enter the bottom of the new manhole. Reconnect and relay the existing 30 inch corrugated metal pipe from the new manhole to Carvins Creek. The pipe will be anchored at various points down the slope with concrete collars. 5. Install a concrete collar at the outfall of the pipe with a grouted rip rap channel to the creek. 6. Repair the rear yard fence of 218 Houston Avenue, N.E., then topsoil and seed. Page 2 All work performed during the course of repairs will be carefully documented by an itemized account of materials, labor, and equipment and by photo- graphs. Estimated cost for this work cannot be fully defined until the contractor clears the area, checks the condition of the existing pipe and establishes the time to complete the work. Funding for the repairs is available in excess funds in the Williamson Road Storm Drain accounts now under construction. A full report with documentation will be presented to Council upon comple- tion of this work. Respectfully submitted, W. Robert Herbert City Manager WRH/VRD/mm cc: City Attorney Director of Finance Director of Public Works City Engineer Manager of Utility Line Services Construction Cost Technician Aaron J. Conner, General Contractor, Inc. June 20, 1990 File #60-29-17 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Yr. Schlanger: I am attaching copy of Ordinance No. 30098-61890 amending and reordaining certain sections of the 1989-90 General Fund Appropriations, providing for the transfer of $23,420.00 in con- nection with the City's payment to the Virginia Municipal League representing the City's pro rata share of electric rate nego- tiation expenses. Ordinance No. 30098-61890 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 18, 1990. Mary F. Parker, CMC/AAE City Clerk MFP:ra Eno. pc: Mr. W. Robert Herbert, City Manager Dr. Frank P. Tota, Superintendent of Schools, P. 0. Box 13145, Roanoke, Virginia 24031 Mr. William F. Clark~ Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Ms. Arc~lia B. Haston, Junior Accountant, Office of Management and Budget Room 456 Municipal Building 215 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2541 AN ORDINANCE the 1989-90 General emergency. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 1990, No~ 3Q098-61890, to amend and Fund reordain certain sections of Appropriations, and providing for an W/~EREAS, Government of the exist. THEREFORE, Roanoke that certain sections Appropriations, be, and the reordained to read as follows, for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to BE IT ORDAINED by the Council of the City of of the 1989-90 General Fund same are hereby, amended and in part: Appropriations General Government Director of Utilities and Operations (1) .......... Public Works Building Maintenance (2) .......................... 1) Fees for Prof. Services (001-056-1250-2010) $ 23,420 2) Electricity (001-052-4330-2022) (23,420) $ 8,105,409 144,955 19,664,974 3,170,836 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Roanoke, Virginia June 18, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Governmental Electric Rate Negotiation and Fee Proration I. Background: Governmental electric rates have in recent years been established through contract negotiations for three year term increments. B. Type of rates are: 1. Schools 2. Pumping (water and sewage) 3. Other (general government 4. Street lighting - The City of Roanoke, contrary to some smaller localities, has a separate contract for street lighting. Current contract rates for schools, pumping and general government are due for consideration for change as of June 30, 1990. Electric Company (APCO) recomended a modest decrease of 4.7% over a two (2) year period. Potential for a more substantial decrease exists. This potential can only be developed through an exchange of information between representatives of APCO and expert rate personnel representing us. City has historically ~oined with other cities, towns and counties served by APCO to negotiate as a block unit through the Virginia Municipal League (VML) and Virginia Association of Counties (VACO). Representatives for the City on the Electrical Rate Steering committee include the City Attorney and the Director of Utilities and Operations with less frequent representation by the Director of Public Works, Manager of Signals and Alarms and Assistant City Attorney. H. Ail nesotiations are subject to the final approval of City Council. Page 2 Council has authorized expenditures in FY 1991 for electric energy as follows: General Fund $2,760,100 Water & Sewer Funds $ 685,000 Schools $1,372,775 Jo Organizational meetin~ of the Steering Committee was held in Roanoke on May 10, 1990. II. Current Situation: A. Rate negotiations have begun. B. Rate decrease amount is being evaluated. Assessment to pay for rate experts retained through the ~ML and VACO has been received from the VML in the amount of $23t420. Attached is a self-explanatory letter from the negotiating committee chairman and assessment from VML. The last general assessment was in 1987 in the amount of $15~840. Fundst if any~ left over will be retained and properly accounted for, by the VML for future negotiations. An additional assessment will be made if there is a short fall of funds. III. Issues in order of consideration: A. Services rendered B. Payment for services C. Return for services rendered IV. Alternatives: A. Council authorize: The payment of $23,420 to VML as the City's pro rata share of rate negotiation expenses. ii. The transfer of $23,420 from Building Maintenance Electricity Account No. 001-052-4330-2022, to Director of Utilities & Operations Fees for Professional Services Account No. 001-056-1250-2010. 1. Services rendered for rate negotiations will continue. 2. Payment for services will be authorized and funded. Return for services rendered is expected to exceed the expenses. B. Council refrain from authorizing payment to the VML. Page 3 Services rendered will cease unless paid by another locality or unless Council chooses for the City to contract directly rather than as part of the block through the VML and VACO. 2. Payment of services will not be made. 3. Return for services rendered will be a moot issue. V. Recommendation: Council authorize the following: Payment of the City's pro rata assessment in accordance with Alternative "A". Transfer and encumbrance of $23,420 from Building Maintenance Electricity Account No. 001-052-4330-2022 to Director of Utilities & Operations Fees for Professional Services Account No. 001-056-1250-2010. Respectfully submitted, W. Robert Herbert City Manager WRH:KBK:afm Attachment CC: City Attorney Director of Finance Director of Public Works School Superintendent VML FROM: DATE: RE: VIRGINIA MUNICIPAL LEAGUE Local Governments Working Together Since 1905 OFFICERS James CiN CounN Supervisor Jack 0 Edwards President 81acksburg Vice Mayor Frances M. Parsons First Vice President Waverly Mayor William R Hor~ Second Vice President Martinsvilie Mayor L D Oakes Third Vice President Christiansburg Manager John E Lemley Fourth Vice President EXECUTIVE DIRECTOR R Michael Amyx Magazine VIRGINIA TOWN & CI1Y Thirteen East Franklin, RO, Box 12164 Richmond,Virginia 23241 804/649-8471 FAX 804/343-3758 Key Officials R. Michael Amyx, Executive Director .. May 25, 1990 2 9 9? VML/VACO APCO Neqotiations - Assessments As you were recently notified, Appalachian Power Company (APCO) has submitted a proposal for electric service to local governments for the period beginning July 1, 1990. The proposal included a reduction general rates of 2.6% effective July 1, 1990 and an additional reduction of 2.1% over the following two fiscal years. An organizational meeting of the VML/VACO APCO Steering Committee was held May 10, 1990 in Roanoke. John E. Lemley, Town Manager of Christiansburg was elected Chairman of the Steering Committee. Even though APCO proposed a reduction in rates, the Steering Committee recommended further negotiations because a preliminary analysis indicated a greater reduction is warranted. To cover the expenses of a utility consultant, legal fees and other expenses associated with negotiations, the Steering Committee proposed an $115,000 assessment. Each local government is asked to contribute its proportionate share based on the 1989 electricity usage for its locality (exclusive of street lights). Enclosed is an invoice reflecting your locality's share of negotiating expenses. In the past, as a result of the Steering Committee's efforts, each local government has always received a savings in its electricity costs substantially greater than its share of negotiating expenses. It is anticipated that this will be true for this contract period as well. Local governments benefit greatly from speaking with "one voice" during negotiations with APCO. It is to our collective benefit to continue negotiations in this manner. We hope your locality will choose to pay its proportionate share. The consultant, Steven Ruback of The Columbia Group, Inc. has begun obtaining information from APCO with which to make a detailed analysis. A Steering Committee meeting will be scheduled after his analysis is complete. Local governments are encouraged to actively participate in the Steering Committee meetings and communicate any concerns or questions which should be discussed with APCO. If you have any questions regarding the assessment or negotiations, please do not hesitate to call John E. Lemley, at (703) 382-6129, C. Flippo Hicks at (804) 693-2500, Howard w. Dobbins or Sarah Hopkins Finley at (804) 643-1991. June 20, 1990 File #236-178 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30099-61890 authorizing cer- tain real estate options to be entered into on real estate located at 913 and 931 Kellogg Avenue, N. W., currently owned by Vernon M. Sheppard, Jr., and Hazel L. Sheppard, in connection with the Home Purchase Assistance Program. Ordinance No. 30099-61890 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 18, 1990. Mary F. Parker, CMC/A~E City Clerk MFP:ra pc: Mr. & Mrs. Vernon M. Sheppard, Jr., 7613 Wineberry Trail, S. W., Roanoke, Virginia 24018 Mr. William F. Clark, Director of Public Works Mr. Ronald H. Miller, Building Commissioner Mr. H. Daniel Pollock, Housing Development Coordinator Ms. Marie T. Pontius, Grants Monitoring Administrator Room 456 Municipal Builc~ing 213 Church Avenue S W Roanoke~ Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 18th day of June, 1990, No, 300~9~61890, VIRGINIA, AN ORDINANCE authorizing certain real estate options to be entered into in connection with the Home Purchase Assistance Pro- gram, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the City Manager be, and he is hereby authorized, for and on behalf of the City, to execute Real Estate Options on real estate located at 913 and 931 Kellogg Avenue, N. W., and currently owned by Vernon M. Sheppard, Jr., and Hazel L. Sheppard, as set out in and attached to the City Manager's report dated June 18, 1990, a copy of which is on file in the Office of the City Clerk, upon approval of the form of the Options by the City Attorney, and upon such other terms and conditions as are pro- vided therein. 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. Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Roanoke, Virginia 3une 18, 1990 Subject: .~ackground: A. Execution of Real Estate Options at 913 Kellogg Avenue, NH, and 931 Kellogg Avenue, N~ under the Home Purchase Assistance Program ~from ~ia Department of Housin ment's Si---XTX--~ ~;,.. ~ ....... q ....... __ ~ and Community Dev*/~n ~ Ote~abilitation and Ener~,, 8 II. households agreeing to buy and repair approximately 18-20 certain ident- ified substandard houses. The Program is administered jointly by the City and the Roanoke Redevelopment and Housing Authority (RRHA), as outlined in the City's current contract for services with RRHA. B. Real Estate Options were selected as the best wa), to allow the City to implement the Home Purchase Assistance Program. These Options define the property owner's and the City's responsibilities under the Program, establish a purchase price for the property, allow the City to access the property, and market the property for sale to qualifying low and moderate income purchasers in the Program through assignment of the Real Estate Option. This provides for a direct sale of the property from the current Owner to the purchaser selected through the Program. The City will not exercise any Option and will not actually purchase any property in the Program. Should the City be unable to find a buyer for the property, the Real Estate Option would be allowed to expire. C. ~o..uny!l reviousl authorized 1502 Tazewell Avenue, SE, 1433 Gladstone Avenue, SE, and 903 Kellogg Avenue, N~/, allowing those properties to be included in the Home Purchase Assistance Program. Current Situation: Ao Real ~ have ,b~ee.n. ~xecuted b the Owner of t famil homes lo -- __ wo vacant sin xam~omes cared at 913 Ke/~,-~ ~ ..... ,~ ~e- ..... '%~s ,~v~nue, ~w ~Attacnm~nt A~t~'i+,,~ assessment ~18,300), and 931 Kello-- assessment $21,000). O~tions ar ...... chment B)(City ~ ¢ ouereo at ~19,000 for each of these properties. Housing Development staff has determined that-th~ offered price is reasonable to allow homes to be included in the Program. B. Co~cil authorization t~.Cit Mana er to execute Real ' (Attach~ ~ ~) with the owner of ~-¢~erues allow these properties to be marketed through the Program. Honorable Mayor and Members of Council June ]8, ]990 Page Two III. Issues: A. Cost to the City B. Effect of Housing Conditions C. Timing IV. Alternatives: A. Authorize the City Manager to execute Real Estate Options at 913 Kellogg Avenue, NW (Attachment A) and 931 Kellogg Avenue, NW (Attachment B), to be approved as to form by the City Attorney~ with the owner of these properties selected for the Home Purchase Assistance Program. Cost to the City would be $1.00 per Option. Under separate sub- sequent action, Council will be asked to approve assignment of the Options to qualifying purchasers under the Program and authorize loaning CDBG funds for the purchase. Effect on housing conditions will be positive as two additional home-ownership opportunities will be provided to low-moderate income households within a single block of Kellogg Avenue. Owner occupancy and rehabilitation of two additional vacant substandard houses will provide a significant contribution to the stabilization and rejuvenation of the neighborhood. Timing is such that prompt execution of these Options will allow simultaneous marketing of three (3) homes within a single block of Kellogg Avenue. Do not authorize the City Manager to execute Real Estate Options at 913 Kellogg Avenue~ NW (Attachment A) and 931 Kellogg Avenue, N~/ (Attachment B), to be approved as to form by the City Attorney with owner of property selected for the Home Purchase Assistance Program. 1. Cost of the City can be recognized as lost opportunity cost. Effect on housing conditions will be negative, as home ownership opportunities will not be provided to low-moderate income house- holds in the Northwest Quadrant of the City. 3. Timing would not be an issue. Honorable Mayor and Member of Council 3une 18, 1990 Page Three V. ]Recommendation: Adopt Alternative A, thereby authorizing the City Manager to execute ]Real Estate Options at 913 Kellogg Avenue~ NW (Attachment A), and 93! Kellogg Avenue, NW (Attachment B), to be approved as to form by the City Attorney~ with the owner of these properties selected for the Home Purchase Assistance Program. City Manager WRH:BC (CR.39.1,.2) CC: City Attorney Director of Finance Director of Public Works Building Commissioner Housing Development Coordinator Grants Monitoring Administrator REAL ESTATE OPTION THIS REAL ESTATE OPTION (hereinafter referred to as "Option"), made this 20th day of Ma), ~ 1990, by and between Vernon M. Sheppard :Ir. & Hazel L. Sheppard (hereinafter referred to as "Grantor"), and the CITY OF ROANOKE, VIRGINIA (hereinafter referred tO as "Grantee"). ~/ I__T_N ES_S E TH: 1. GRANT OF OPTION. For and in consideration of One Dollar ($ l .00 )~ and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor gives and grants to Grantee, its successors and assigns, the exclusive, assignable and irrevocable right and option to purchase the property, more particularly described in Section No. 2 of this Option, together with all easements, rights and appurtenances attached thereto, and all improvements thereon (hereinafter referred to as "Real Estate"). By giving and granting this Option to Grantee, Grantor certifies that Grantor, and only Grantor, owns the Real Estate in fee simple. ' follows: DESCRIPTION OF REAL ESTATE. The Real Estate is described as 913 Kellogg Avenue N.W. A parcel in the City of Roanoke, Virginia, City of Roanoke Official Tax No. 2050219 ~ consisting of approximately .129 acres, more particularly described on the map attached hereto~ labeled Exhibit A, and incorporated by reference herein, together with all easements, rights of way, water rights, appurtenances and improvements thereto belonging~ the legal description for which is Lot 00 & t~l , Block 3 ~ Map Shadeland. 3. TERM OF OPTION. This Option shall commence on the date and at the time of execution of this Option by Grantor and Grantee. This Option shall expire at I1:59 p.m., on October 15, 1990, unless earlier exercised or terminated by Grantee. ~. EXERCISE OF OPTION. This Option shall be deemed validly and effectively exercised if notice of the exercise hereof is either sent by certified mail to Grantor at 7013 ~!/ineberr¥ Trail S. W. Roanoke~ Virginia 2A~018 , or delivered in person to Grantor, on or before the expiration date and time of this Option. Notice of such exercise which is given by certified mail shall be deemed effective when depo- sited in the mail as aforesaid. For the period that this Option is effective~ neither Grantor nor Grantor's employees~ agents~ tenants or representatives shall use or alter the Real Estate in a manner which would adversely affect its use by Grantee~ and Grantor shall not sell~ encumber~ or otherwise transfer or dispose of the Real Estate to any other party. The exercise of this Option shall result in Grantor selling and conveying the Real Estate to Grantee~ and Grantee purchas- ing and accepting the Real Estate from Grantor, for the amount of the Purchase Price, subject to the terms and conditions contained in :this Option. Grantee reserves for it and its successors and assigns the right to terminate this Option at any time for cause or no cause at all~ either before or after the assignment of this Option. 5. FAILURE TO EXERCISE OPTION. If Grantee does not exercise this Option~ Grantor shall have no rights or claims against Grantee. 6. INSURANCE. Upon execution of this Option~ Grantor shall maintain general liability insurance on the real estate during the -2- term of this Optio% or any extension of said term, in an amount of $300~000.00 ~ and shall supply Grantee with a Certificate of Insurance, demonstrating that Grantee is a named insured on the policy of general liability insurance. 7. RIGHT OF ENTRY AND MARKETING OF REAL ESTATE. After the execution of this Option by Grantor and Grantee~ and either before or after the exercise of this Option by Grantee, Grantee, or its agents or employees~ may enter upon the Real Estate and perform all sur- veying, engineering, soil borings, appraisals, estimates of repairs and other tests and acts deemed necessary by Grantee to satisfy Grantee that the Real Estate is suitable for the uses and purposes intended by Grantee and is suitable for the Home Purchase Assistance Program (hereinafter referred to as the "Program"). All such tests and acts shall be performed at reasonable hours and at Granteets cost and expense. [n addition, Grantee shall be entitled to publicize the Real Estate for sale~ endeavor to identify a purchaser for the Real Estate~ place a "For Sale" sign on the Real Estate~ show the property to prospective purchasers~ and take other reasonable and appropriate action deemed necessary by the Grantee to sell the Real Estate. Under no circumstances shall this section create any rights in the Grantor or impose any obligations upon the Grantee. 8. REAL ESTATE MAINTENANCE. Grantor shall maintain the Real Estate and adjoining sidewalks and walkways in a safe and attractive manner during the term of this Optio% and in the event of the exer- cise of this Option~ until the date of closing. 9. RISK OF LOSS. Grantor shall bear any risk of loss of the Real Estate during the term of this Option, or, in the event oi the exercise of this Option, until the date of closing. 10. ASSIGNMENT. Grantee may assign this Option by written noti- fication to Grantor. Grantor shall not assign this Option, unless approved in writing by Grantee, and Grantee's approval of such an assignment may be withheld for any reason or no reason at all. the Grantor assigns this Option, all references in this Option to the Grantor shall apply to the assignee. If the Grantee assigns this Option, all references in this Option to the Grantee shall apply to the assignee. In the event of an assignment by either the Grantor or the Grantee, no claim may be asserted against the assignor based upon, arising out of, or related to this Option. Il. PURCHASE PRICE. The purchase price for the Real Estate shall be Nineteen Thousand and NO/100 DOLLARS ($19~000.00). 12. PAYMENT OF PURCHASE PRICE. The purchase price for the Real Estate shall be payable at closing. 13. CLOSING. If this Option is exercised, closing o! the sale of the Real Estate shall be held within sixty (60) days o! the date on which Grantor receives notice of Grantee's exercise of this Option, or as soon thereafter as may be practically possible. Closing shall be held in Room 170, Municipal Building, 21) Church Avenue, Roanoke, Virginia, or at some other location selected by the City artd mutually satisfactory to the parties. At closing, Grantor shall execute, acknowledge~ and deliver to Grantee~ a §eneral warranty deed, with modern English covenants of title, in form satisfactory and acceptable to the Grantee, conveying the Real Estate to Grantee, free and clear of all liens, tenancies, encumbrances, material defects, and exceptions, other than current taxes, and any other matters that may have been approved by Grantee in writing after examination of title. Said deed shall be prepared at Grantor's expense. Grantor shall pay §rantor's tax, and all documentary, transfer, and excise taxes imposed upon that conveyance. Grantor shall execute and deliver a non-foreign affidavit to Grantee at closing in the form required by Section l#~) of the Internal Revenue Code~ otherwise~ Grantee will withhold a portion of the Purchase Price and remit the same to the Internal Revenue Services for the account of Grantor as required by law. Grantor also shall execute, acknowledge, and deliver any of the instrurnents~ docurnents~ and assurances required or requested by Grantee or a title insurance company in order to con- summate this transaction and effect the conveyance of the Real Estate to Grantee as herein provided, including~ without limitation~ a ven- dor's affidavit in form satisfactory and acceptable to Grantee's coun- sel. Possession of the Real Estate shall be delivered to Grantee at the closing~ in the same condition as it now is~ ordinary wear and tear only excepted~ free and clear of the rights or clairns of any other party. All warranties and representations of Grantor~ and any covenants and obligations of Grantor hereunder which remain unper- formed upon closing~ shall survive the closing. IQ. GRANTEE UNABLE TO CLOSE SALE. The terms of this Option not~vithstanding~ should Grantee be unable or unwilling for any reason to close on the sale of the Real Estate, including being determined ineligible for the Home Purchase Assistance Program by the Virginia Housing Development Authority, after the exercise of this Option, this Option shall terminate without any liability incurred by Grantee, Granteets assigns~ successors, administrators, executors, officers, agents, employees~ or any and all of Granteets predecessors in inte- rest of this Option~ if any. 15. GRANTOR UNABLE TO CLOSE SALE. If Grantor fails to close on the sale of the Real Estate for any reason, Grantor shall pay Grantee and its assigns~ and all of Grantee's predecessors in inte- rest of this Option~ if any, all costs incurred~ including costs incurred in the arrangement of the rehabilitation and financing for the sale of the Real Estate. 16. INDEMNITY. Grantor shall indemnify and hold Grantee~ its officers~ agents, employees~ successors~ assigns~ executors and administrators~ and any and all of Grantee's predecessors in interest of this Option~ if any~ harmless from any and all claims~ damages, losses~ expenses~ costs and attorney fees, as a result of~ arising out of~ or relating to the performance by Grantee under this Option. 17. TAXES. At closing, Grantor shall be responsible for and pay all real estate taxes upon the subject Real Estate to be pro- rated as of the Date of Closing. -6- 18. SUCCESSORS. The parties agree and fully understand that this Option shall be binding upon the parties, their heirs, successors, assigns, executors and administrators. 19. ENTIRE AGREEMENT. This Option contains and constitutes the entire agreement of the parties regarding the subject matter hereof, and there are no other agreements, written or oral, between the parties affecting the subject matter hereof. No amendment of this Option shall be effective unless the same is made in writing and signed by the parties hereto. 20. THIRD PARTY. This Option creates no rights in any party, except Grantor and Grantee. 21. DETERMINATIONS~ FINDINGS AND CONCLUSIONS. All determina- tions, findings and conclusions made by Grantee under this Option shall be made in the sole and absolute discretion of Grantee, and Grantor shall have no rights, claims or causes of action against Grantee, its officers, agents, employees, successors, assigns, exe- cutors and administrators, and any and all of Grantee's predecessors in interest of this Option, if any, for Grantee's determinations, 'findings and conclusions. 22. NOTICES. Notice of exercise of this Option shall be given in the form attached as Exhibit B and in the manner set forth in this Option. All other notices, requests or other correspondence relating to this Option shall be sent by certified mail, postage prepaid, by each party to the other party hereto at the addresses specified below or at such other address as a party may by written notice give as the address to which such future notices, requests and correspondence shall be sent hereunder: GRANTOR: Vernon M. Sheppard 3r. Hazel L. Sheppard 7613 Wineberry Trail SW Roanoke, Virginia 2&0IS GRANTEE: W. Robert Herbert, City Manager City of Roanoke 36# Municipal Building Roanoke, Virginia 2~011 w/copy to: Ronald H. Miller, Building Commissioner/ Zoning Administrator, City of Roanoke Room 170, Municipal Building Roanoke, Virginia 2~011 23. CONSTRUCTION. The interpretation, construction, and performance of this Option shall be governed by the laws of the Commonwealth of Virginia. All headings of sections of this Option are inserted for convenience only, and do not form part of this Option or limit, expand, or otherwise alter the meaning of any provisions hereof. This Option shall be executed in duplicate, each of which shall be deemed to be an original. This Option shall be construed without regard to any presumption or rule requiring construction against the party causing the Option to be drafted. 2t~. RECORDING. This Option shall be recorded in the land records of the Office of the Clerk of the Circuit Court of the City of Roanoke. EXECUTED and DELIVERED by Grantor and accepted by Grantee as of this 2~th day of Ma), , 1990 . GRANTOR: //~ ,. (SEAL) (SEAL) ATTEST: Mary F, Parker, City Clerk GRANTEE: CITY OF ROANOKE, VIRGINIA By Robert Herbert, City Manager COMMONWEALTH OF VIRGI~A ) To-wit: City o! Roanoke ) I hereby certify that the foregoing Real Estate Option Agree- ment was acknowledged before me by Vernon M. Sheppard Hazel L. Sheppard My Commission expires: COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) , this 2~ day of May , 1990. 3anuary 29~ 1993 . ~ v~ N~tary-Ru.~ ~- To-wit: I hereby certify that the foregoing Real Estate Option Agreement was acknowledged before me by W. ROBERT HERBERT and MARY F. PARKER, City Manager and City Clerk, respectively, of the CITY OF ROANOKE, VIRGINIA, on behalf o! that municipal corporation, this __ day of ., 1990. My Commission expires: Notary Public -9- Appropr'ta,t:tou and l~ Required ~or ~ ConCrsc'C Certt. fted DLrecCor of Publ:l.c Worl~ c~.~ accorn~, ~,~ HI&Il& I 'r do~o441+ EXERCISE OF OPTION I or we the undersigned do hereby exercise the Option dated , 1990~ assigned to me or us by the City of Roanoke. This Exercise of Option is done pursuant to the Agreement of Assign- ment dated ., [990. (SEAL) (SEAL) COMMON~/EALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I hereby certify that appeared before me and acknowledged the foregoing Exercise of Option on this day of , 1990. My Commission expires: Notary Public I of I EXHIBIT B REAL ESTATE OPTION THIS REAL ESTATE OPTION (hereinafter referred to as "Option"), made this 2t~th day of May , 1990~ by and between Vernon M. Sheppard 3r. & Hazel L. Sheppard (hereinafter referred to as "Grantor")~ and the CITY OF ROANOKE~ VIRGINIA (hereinafter referred to as "Grantee"). W IT N ESSETH: 1. GRANT OF OPTION. For and in consideration of One Dollar ($ 1.00 ), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor gives and grants to Grantee~ its successors and assigns, the exclusive, assignable and irrevocable right and option to purchase the property~ more particularly described in Section No. 2 of this Option, together with all easements, rights and appurtenances attached thereto, and all improvements thereon (hereinafter referred to as "Real Estate"). By giving and granting this Option to Grantee, Grantor certifies that Grantor, and only Grantor, owns the Real Estate in fee simple. e ' follows.' DESCRIPTION OF REAL ESTATE. The Real Estate is described as 931 Kellogg Avenue N.W. A parcel in the City of Roanoke, Virginia, City of Roanoke Official Tax No. 205021~ consisting of approximately .129 acres, more particularly described on the map attached hereto, labeled Exhibit A, and incorporated by reference herein~ together with all easements, rights of way~ water rights, appurtenances and improvements thereto belonging, the legal description for which is Lot 29 & 30 ~ Block Map Shadeland. 3. TERM OF OPTION. This Option shall commence on the date and at the time of execution of this Option by Grantor and Grantee. This Option shall expire at 11:59 p.m., on October 15, 1990, unless earlier exercised or terminated by Grantee. 4. EXERCISE OF OPTION. This Option shall be deemed validly and effectively exercised if notice of the exercise hereof is either sent by certified mail to Grantor at 7613 9/ineberry Trail S. 9/. Roanoke~ Virginia 24018 , or delivered in person to Grantor, on or before the expiration date and time of this Option. Notice of such exercise which is given by certified mail shall be deemed effective when depo- sited in the mail as aforesaid. For the period that this Option is effective, neither Grantor nor Grantor's employees, agents~ tenants or representatives shall use or alter the Real Estate in a manner which would adversely affect its use by Grantee, and Grantor shall not sell, encumber, or otherwise transfer or dispose of the Real Estate to any other party. The exercise of this Option shall result in Grantor selling and conveying the Real Estate to Grantee, and Grantee purchas- ing and accepting the Real Estate from Grantor, for the amount of the Purchase Price, subject to the terms and conditions contained in this Option. Grantee reserves for it and its successors and assigns the right to terminate this Option at any time for cause or no cause at all, either before or after the assignment of this Option. 5. FAILURE TO EXERCISE OPTION. If Grantee does not exercise this Option, Grantor shall have no rights or claims against. Grantee. 6. INSURANCE. Upon execution of this Option, Grantor shall maintain general liability insurance on the real estate during the 2 term of this Option, or any extension of said term, in an amount of $300t000.00 ~ and shall supply Grantee with a Certificate of Insurance, demonstrating that Grantee is a named insured on the policy of general liability insurance. 7. RIGHT OF ENTRY AND MARKETING OF REAL ESTATE. After the execution of this Option by Grantor and Grantee~ and either before or after the exercise of this Option by Grantee, Grantee, or its agents or employees~ may enter upon the Real Estate and perform all sur- veying, engineering, soil borings, appraisals, estimates of repairs and other tests and acts deemed necessary by Grantee to satisfy Grantee that the Real Estate is suitable for the uses and purposes intended by Grantee and is suitable for the Home Purchase Assistance Program (hereinafter referred to as the "Program"). All such tests and acts shall be performed at reasonable hours and at Granteefs cost and expense. In addition, Grantee shall be entitled to publicize the Real Estate for sale, endeavor to identify a purchaser for the Real Estate, place a "For Sale" sign on the Real Estate, show the property to prospective purchasers~ and take other reasonable and appropriate action deemed necessary by the Grantee to sell the Real :Estate. Under no circumstances shall this section create any rights in the Grantor or impose any obligations upon the Grantee. 8. REAL ESTATE MAINTENANCE. Grantor shall maintain the Real Estate and adjoining sidewalks and walkways in a safe and attractive manner during the term of this Option~ and in the event of the exer- cise of this Option, until the date of closing. 9. RISK OF LOSS. Grantor shall bear any risk of loss of the Real Estate during the term of this Option, or, in the event of the exercise of this Option, until the date of closing. 10. ASSIGNMENT. Grantee may assign this Option by written noti- fication to Grantor. Grantor shall not assign this Option, unless approved in writing by Grantee, and Grantee's approval of such an assignment may be withheld for any reason or no reason at all. If the Grantor assigns this Option, all references in this Option to, the Grantor shall apply to the assignee. If the Grantee assigns this Option, all references in this Option to the Grantee shall apply to the assignee. In the event of an assignment by either the Grantor or the Grantee, no claim may be asserted against the assignor based upon, arising out of, or related to this Option. 11. PURCHASE PRICE. The purchase price for the Real Estate shall be Nineteen Thousand and NO/100 DOLLARS ($19~000.00). 12. PAYMENT OF PURCHASE PRICE. The purchase price for the Real Estate shall be payable at closing. 13. CLOSING. If this Option is exercised, closing of the sale of the Real Estate shall be held within sixty (60) days of the date on which Grantor receives notice of Grantee's exercise of this Option, or as soon thereafter as may be practically possible. Closing shall be held in Room 170, Municipal Building, 21~ Church Avenue, Roanoke, Virginia, or at some other location selected by the City and mutually satisfactory to the parties. At closing, Grantor shall execute, acknowledge, and deliver to Grantee, a general warranty deed, with modern English covenants of title, in form satisfactory and acceptable to the Grantee, conveying the Real Estate to Grantee, free and clear of all liens, tenancies, encumbrances, material defects, and exceptions, other than current taxes, and any other matters that may have been approved by Grantee in writing after examination of title. Said deed shall be prepared at Grantor's expense. Grantor shall pay grantor's tax, and all documentary, transfer, and excise taxes imposed upon that conveyance. Grantor shall execute and deliver a non-foreign affidavit to Grantee at closing in the form required by Section l~&J) of the Internal Revenue Codel otherwise, Grantee will withhold a portion of the Purchase Price and remit the same to the Internal Revenue Services for the account of Grantor as required by law. Grantor also shall execute, acknowledge, and deliver any of the instruments, documents, and assurances required or requested by Grantee or a title insurance company in order to con- summate this transaction and effect the conveyance of the Real Estate to Grantee as herein provided, including, without limitation, a ven- dor's affidavit in form satisfactory and acceptable to Grantee's coun- sel. Possession of the Real Estate shaU be delivered to Grantee at the closing, in the same condition as it now is, ordinary wear and tear only excepted, free and clear of the rights or claims of any other party. All warranties and representations of Grantor, and any covenants and obligations of Grantor hereunder which remain unper- formed upon closing, shall survive the closing. 1~. GRANTEE UNABLE TO CLOSE SALE. The terms of this Option notwithstanding, should Grantee be unable or unwilling for any reason to close on the sale of the Real Estate, including being determined ineligible for the Home Purchase Assistance Program by the Virginia Housing Development Authority, after the exercise of this Option, this Option shall terminate without any liability incurred by Grantee, Grantee's assigns, successors, administrators, executors, officers, agents, employees, or any and all of Grantee's predecessors in inte- rest of this Option, if any. 15. GRANTOR UNABLE TO CLOSE SALE.. If Grantor fails to close on the sale of the Real Estate for any reason, Grantor shall pay Grantee and its assigns, and all of Grantee's predecessors in inte- rest of this Option, if any, all costs incurred, including costs incurred in the arrangement of the rehabilitation.and financing for the sale of the Real Estate. 16. INDEMNITY. Grantor shall indemnify and hold Grantee, its officers, agents, employees, successors, assigns, executors and administrators, and any and all of Grantee's predecessors in interest of this Option, if any, harmless from any and ail claims, damages, losses, expenses, costs and attorney fees, as a result of, arising out of, or relating to the performance by Grantee under this Option. 17. TAXES. At closing, Grantor shall be responsible lot and pay all real estate taxes upon the subject Real Estate to be pro- rated as of the Date o! Closing. -6- 18. SUCCESSORS. The parties agree and fully understand that this Option shall be binding upon the parties, their heirs, successors, assigns, executors and administrators. 19. ENTIRE AGREEMENT. This Option contains and constitutes the entire agreement of the parties regarding the subject matter hereof, and there are no other agreements, written or oral, between the parties affecting the subject matter hereof. No amendment of this Option shall be effective unless the same is made in writing and signed by the parties hereto. 20. THIRD PARTY. This Option creates no rights in any party, except Grantor and Grantee. 21. DETERMINATIONS~ FINDINGS AND CONCLUSIONS. Ail determina- tions, findings and conclusions made by Grantee under this Option shall be made in the sole and absolute discretion o! Grantee, and Grantor shall have no rights, claims or causes of action against Grantee, its officers, agents, employees, successors, assigns, exe- cutors and administrators, and any and all of Grantee's predecessors in interest of this Option, if any, for Grantee's determinations, -findings and conclusions. 22. NOTICES. Notice of exercise o! this Option shall be given in the form attached as Exhibit B and in the manner set forth in this Option. All other notices, requests or other correspondence relating to this Option shall be sent by certified mail, postage prepaid, by each party to the other party hereto at the addresses specified below or at such other address as a party may by written notice give as the -7- address to which such future notices, requests and correspondence shall be sent hereunder: GRANTOR: Vernon M. Sheppard Jr. Hazel L. 5heppard 7613 Wineberry Trail 5W Roanoke, Virginia 24018 GRANTEE: ~/. Robert Herbert, City Manager City of Roanoke 36t~ Municipal Building Roanoke, Virginia 24011 w/copy to: Ronald H. Miller, Building Commissioner/ Zoning Administrator, City of Roanoke Room 170, Municipal Building Roanoke, Virginia 2t~011 23. CONSTRUCTION. The interpretation, construction, and performance of this Option shall be governed by the laws of the Commonwealth of Virginia. All headings of sections of this Option are inserted for convenience only, and do not form part of this Option or limit, expand, or otherwise alter the meaning of any provisions hereof. This Option shall be executed in duplicate, each of which shall be deemed to be an original. This Option shall be construed without regard to any presumption or rule requiring construction against the party causing the Option to be drafted. 2q. RECORDING. This Option shall be recorded in the land records of the Of:lice of the Clerk of the Circuit Court of the City of Roanoke. EXECUTED and DELIVERED by Grantor and accepted by Grantee as of this 2qth day of Ma), , 1990 . GRANTOR: /~  (5EAL) (SEAL) -g- ATTEST: Mary F. Parker, City Clerk GRANTEE: CITY OF ROANOKE, VIRGINIA By Robert Herbert, City Manager COMMONWEALTH OF VIRGINIA ) To-wit: City of Roanoke ) I hereby certify that the foregoing Real Estate Option Agree- ment was acknowledged before me by Vernon M. Sheppard Hazel L. Sheppard My Commission expires: , this 2~ day of Ma), , 1990. 3anuary 29) 1993 Notary PubT[c /7 COMMONWEALTH OF VIRGINIA ) CITY OF ROANOKE ) To-wit: I hereby certify that the foregoing Real Estate Option Agreement was acknowledged before me by W. ROBERT HERBERT and MARY F. PARKER, City Manager and City Clerk, respectively, o! the CITY OF ROANOKE, VIRGINIA, on behalf of that municipal corporation, this __ day o! , 1990. My Commission expires: Notary Public -9- Cer~.fied Ac, c~m~ Director c~ Public ......... · . .a,~ozao · EXERCISE OF OPTION I or we the undersigned do hereby exercise the Option dated ~ 1990~ assigned to me or us by the City of Roanoke. This Exercise of Option is done pursuant to the Agreement of ^ss[gn- ment dated , 1990. (SEAL) (SEAL) COMMONWEALTH OF VIRGINIA ) ) To-wit= CITY OF ROANOKE ) I hereby certify that appeared before me and acknowledged the foregoing Exercise of Option on this day of , t990. My Commission expires= Notary Public I of I EXHIBIT B June 20, 1990 File #?2-236 Hr. W. Robert Herbert City ~anager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30100-61890 concurring in the recommendation of the City Manager's Follow-~ Task Force on Homeless with regard to allocation of Emergency Shelter Resource Funds; and authorizing execution of the subgrant agreements with Roanoke Area Ministries, Total Action Against Poverty and ~T to administer said funds. Resolution No. 30100-61890 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 18, 1990. r, CMC/AAE Sincerel'y, Mary F. Parke City Clerk MFP: Enc. pc: ra The Reverend Clay H. Turner, Chairman, City Manager's Follow-Up Task Force on the Homeless, 2108 Mount Vernon Road, S. W., Roanoke, Virginia 24015 Mr. Theordore J. Edlich, III, Executive Director, Total Action Against Poverty in the Roanoke Valley, Inc., P. O. Box 2868, Roanoke, Virginia 24001 Mr. Roger Dalton, Executive Director, Roanoke Area Ministries, 824 Campbell Avenue, S. W., Roanoke, Virginia 24016 Mr. Stuart Israel, Executive Director, TRUST, 360 ~hshington Avenue, S. W., Roanoke, Virginia 24016 Mr. Joel M. Schlanger, Director of Finance Mr. James D. Ritchie, Director of Human Resources Ms. Donna S. Norvelle, Human Resources Coordinator Ms. Marie T. Pontius, Grants Monitoring Administrator Room 456 Municipal Building 215 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The l8th day of June, 1990. No. 30/00-61890. A RESOLUTION concurring in the recommendation of the City Manager's Follow-up Task Force on Homeless as to the allocation of Emergency Shelter Resource Funds, and authorizing the execution of the subgrant agreements with Roanoke Area ~inistries, Total Action Against Poverty and TRUST to administer the funds. WHEREAS, the Council of the City of Roanoke accepted an Emergency Shelter Grant Program entitlement of $39,000 on ~arch 26, 1990, by Resolution No. 29990-32690, allocated under the Stuart B. ~cKinney Homeless Assistance Act from the United States Department of Housing and Urban Development to provide services to the homeless; and WHEREAS, the Council of the City of Roanoke appropriated the funds to an Emergency Shelter Resource Fund enabling local non- profit organizations to apply for financial support to improve the quality of shelter facilities; and WHEREAS, the City ~anager's Follow-up Task Force on the Homeless has recommended allocation of the funds as set forth in the City ~anager's report dated June 18, 1990. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council concurs in the reconunendation of the City ~anager's Follow-up Task Force on Homeless for the allocation of Emergency Shelter Resource Funds as follows: (a) $11,790 to Roanoke Area Ministries for the RAM House project for payment of monthly maintenance, utility fees and office supplies. (b) $17,090 to Total Action Against Poverty for utility fees equipment replacement and educational items. (c) $10,120 to TRUST for shelter operations and services. 2. The City Manager, W. Robert Herbert, or the Assistant City Manager, Earl B. Reynolds, Jr., is hereby authorized to execute the proper subgrant agreements with Roanoke Area Ministries, Total Action Against Poverty and TRUST for the administration of the funds. ATTEST: City Clerk. June 18, 1990 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Members of Council: SUBJECT: E~H~KGENCY SHELTER RESOURCE FUND ALLOCATION I. BACKGROUND The City Manager's Task Force on Homelessness studied the homeless and low-income housing situation in Roanoke and presented their findings and recommendations in a comprehensive report titled No Place To Call Home in April, 1987. The City Manager appointed a Follow-up Task Force to evaluate how well the report's recommendations are implemented and to recommend new activities based on future findings. The Task Force continues to meet on a regular basis. Roanoke City Council accepted Emergency Shelter Grants Program entitlement funds totalling $54,000 in 1987, 1988, and 1989, allocated under the Stuart B. McKinney Homeless Assistance Act, from the United States Department of Housing and Urban Development to provide services to the homeless. 1. $26,000.00 - Resolution 928872, November 16, 1987. a) b) $20,000.00 to Total Action Against Poverty $ 6,000.00 to Roanoke Area Ministries $ 4,000.00 - Resolution 929087, May 9, 1988. a) b) $ 2,300.00 to Roanoke Area Ministries $ 1,700.00 to Total Action Against Poverty 3. $24,000.00 Resolution 929507, April 3, 1989. II. a) b) c) $10,000.00 to Total Action Against Poverty $8,500.00 to Roanoke Area Ministries $5,500.00 to TRUST Roanoke City Council accepted the 1990 Emergency Shelter Grants Program entitlement funds of $39,000.00 through the Stuart B. McKinney Homeless Assistance Act on March 26, 1990, Resolution $29990-32690. The City invited applications or proposals from local agencies to assure that all interested organizations had an opportunity to submit funding requests. The deadline to submit applications was April 30, 1990. The City Manager asked the City Manager's Follow-Up Task force on the Homeless to carefully review proposals submitted within the designated time frame and recommend the allocation of funds to benefit the citizens of Roanoke. CURRENT SITUATION Roanoke Area Ministries, the Roanoke Valley Trouble Center, Inc. (TRUST), and Total Action Against Poverty submitted proposals for funding through the 1990 Emergency Shelter Resource Fund. Requests totaled $46,640.00 from these three agencies. 1. Roanoke Area Ministries: $13,840.00 2. TRUST: $11,370.00 3. Total Action Against Poverty: $21,430.00 The Task Force carefully studied each proposal using the application requirements, federal guidelines, and pre-determined criteria to recommend the allocation of these funds and found that all agencies were eligible for funding after meeting application requirements and federal guidelines. The City Manager's Follow-Up Task Force on Homelessness submitted the following III. IV. recommendations to the City Manager based on the guidelines and criteria. Allocate $11,790.00 to Roanoke Area Ministries for the payment of maintenance, operations, insurance, utilities, and furnishings. Allocate $10,120.00 to TRUST for the payment of maintenance, operations, insurance, utilities, and furnishings. e Allocate $17,090.00 to Total Action Against Poverty (Transitional Living Center Program) for the payment of maintenance, operations, insurance, utilities, and furnishings. ISSUES B. Timing. C. Funding. Services to Citizens. ALTERNATIVES Concur with the recommendations submitted by the City Manager's Follow-Up Task Force on Homelessness for the allocation of Emergency Shelter Resource Funds and authorize the City Manager to execute the attached sub-grant agreements with Roanoke Area Ministries, Roanoke Valley Trouble Center, Inc. (TRUST), and Total Action Against Poverty. Services to Citizens. The quality of existing shelter space would be improved and day facility services would be enhanced for homeless citizens. e Timing. Funds must be obligated by September 7, 1990. Funding. Federal grant funding of $39,000.00 was previously appropriated and is available in account number 035-054-5121-2210. The necessary local match will be provided by the agencies, and no City funds are required. B. Do not concur with the recommendations and do not authorize the City Manager to allocate funds at this time. Services to Citizens. Existing programs and services would not be increased or enhanced. 2. Timing. No effect. Funding. The City would have to obligate the funds for emergency shelter by September 7, 1990 or risk losing the grant allocation. RECOMMENDATION City Council concur in the implementation of Alternative A and allocate the $39,000.00 Emergency Shelter Resource Fund as recommended by the City Manager's Follow-Up Task Force on Homelessness and authorize the City Manager to execute the sub-grant agreements (copies attached). Allocate $11,790.00 to Roanoke Area Ministries. Allocate $10,120.00 to the Roanoke Valley Trouble Center, Inc. (TRUST). Allocate $17,090.00 to Total Action Against Poverty. Respectfully submitted, W. Robert Herbert City Manager WRH/DSN/dsn cc: Wilburn C. Dibling Jr., City Attorney Joel M. Schlanger, Director of Finance James D. Ritchie, Director of Human Resources Donna S. Norvelle, Human Resources Coordinator Marie Pontius, Grants Monitoring Administrator Attachments AGREEMENT THIS AGREEMENT is made and entered into this day of , 1990 by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia, hereinafter referred to as the Grantee, and ROANOKE AREA MINISTRIES, a non-stock corporation, created and existing under the laws of the Commonwealth of Virginia, hereinafter referred to as the Subgrantee. WITNESSEI}I: WHEREAS, the City of Roanoke is an Emergency Shelter Grant Program {ESGP) entitlement locality with an approved Comprehensive Homeless Assistance Plan. WHEREAS, an ESGP entitlement of $39,000.00 was awarded to States Department of Housing and Urban Development under Homeless Assistance Act. the City by the United the Stewart B. McKinney WliEREAS, by Resolution #29990-32690, adopted March 26, 1990, City Council authorized the acceptance of the ESGP entitlement of $39,000.00. WHEREAS, the City established an Emergency Shelter Resource Fund with this ESGP entitlement. THEREFORE, the parties hereto mutually agree as follows: 1. The Subgrantee shall complete the following project activities which provide for the provision of shelter maintenance and operations: Nonthly Naintenance Fee Office Supplies, Printing, or Educational Naterials $11,040.00 750.00 TOTAL $11,790.00 The Subgrantee shall complete project activities by August 1, 1991. The Subgrantee shall receive the ESGP grant award as prescribed by the United States Department of Housing and Urban Development. The Grantee reserves the right to withhold payment if the Subgrantee fails to comply with the procedures outlined in this agreement, and federal and state regulations associated with ESGP funds. The Subgrantee shall submit to the Grantee monthly progress reports regarding project activities beginning thirty {30) days after obligation of funds. In addition, the Subgrantee shall permit access during normal business hours to its premises for the purpose of conducting on-site compliance reviews and inspecting of facilities and records. The Subgrantee acknowledges that the Grantee shall not be responsible for any actions of employees or designated representatives of the project. In the event of any litigation which may arise as a result of the operation of this project, the Subgrantee agrees to assume the risk and/or liability for the cost of any such litigation, including but not limited to, payment of damages or attorney fees to the plaintiff and hold the Grantee harmless therefrom. The Subgrantee also acknowledges and agrees that it will provide its own legal representation and bear the cost of the same. The Subgrantee also acknowledges and agrees that the Grantee shall not be obligated to provide insurance coverage, either commercially or self supplied, for the Subgrantee. Nothing herein shall be deemed an express or implied waiver of the sovereign immunity of the City of Roanoke, Grantee. Neither the Subgrantee, its employees, assigns or contractors shall be deemed employees of the Grantee while performing under this Agreement. The Subgrantee agrees to abide by the terms, guidelines, and regulations set forth in HUD's regulations at 24 CFR Part 575, as set forth in Attachment I and Enclosure I as if they were the Grantee referenced therein, unless such conditions are clearly inappropriate for the performance of particular obligations under this Agreement. 8. During the performance of this Agreement, the Subgrantee agrees as follows: Ao The Subgrantee will not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Subgrantee. The Subgrantee agrees to post in conspicuous places, notices setting forth the provisions of this non-discrimination clause. Bo The Subgrantee, in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee, will state that the Subgrantee is an equal opportunity employer. Notices, advertisements, and solicitations pla~ed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of A and B above. Nothing in this Agreement shall be construed as authority for either party to make commitments which bind the other party beyond the scope of this Agreement. This Agreement shall remain in full force and effect until cancelled by either party giving the other party thirty (30) days written notice of cancellation. Any such cancellation shall be in writing and shall be sent by certified mail. No payment will be made for expenses incurred after receipt of notice, except those expenses incurred prior to the date of notice that are necessary to curtailment of operations under this Agreement. 11. This agreement shall be governed by the laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Grantee and Subgrantee have executed this Agreement as of the date first written above. ATTEST: CITY OF ROANOKE, VIRGINIA City Clerk City Manager ATTEST: Corporate Witness Executive Director Roanoke Area Ministries AGREEMENT THIS AGREEMENT is made and entered into this day of , 1990 by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia, hereinafter referred to as the Grantee, and TOTAL ACTION AGAINST POVERTY, a non-stock corporation, created and existing under the laws of the Commonwealth of Virginia, hereinafter referred to as the Subgrantee. WITNESSETH: WHEREAS, the City of Roanoke is an Emergency Shelter Grant Program {ESGP) entitlement locality with an approved Comprehensive Homeless Assistance Plan. WHEREAS, an ESGP entitlement of $39,000.00 was awarded to States Department of Housing and Urban Development under Homeless Assistance Act. the City by the United the Stewart B. McKinney WHEREAS, by Resolution #29990-32690, adopted March 26, 1990, City Council authorized the acceptance of the ESGP entitlement of $39,000.00. WHEREAS, the City established an Emergency Shelter Resource Fund with this ESGP entitlement. THEREFORE, the parties hereto mutually agree as follows: 1. The Subgrantee shall complete the following project activities which provide for the provision of shelter maintenance and operations: Utilities Minor Repairs Exhaust Hood/Educational Toys 7,090.00 8,000.00 2~000.00 TOTAL $17,090.00 The Subgrantee shall complete project activities by August 1, 1991. The Subgrantee shall receive the ESGP grant award as prescribed by the United States Department of Housing and Urban Development. The Grantee reserves the right to withhold payment if the Subgrantee fails to comply with the procedures outlined in this agreement, and federal and state regulations associated with ESGP funds. The Subgrantee shall submit to the Grantee monthly progress reports regarding project activities beginning thirty {30) days after obligation of funds. In addition, the Subgrantee shall permit access during normal business hours to its premises for the purpose of conducting on-site compliance reviews and inspecting of facilities and records. The Subgrantee acknowledges that the Grantee shall not be responsible for any actions of employees or designated representatives of the project. In the event of any litigation which may arise as a result of the operation of this project, the Subgrantee agrees to assume the risk and/or liability for the cost of any such litigation, including but not limited to, payment of damages or attorney fees to the plaintiff and hold the Grantee harmless therefrom. The Subgrantee also acknowledges and agrees that it will provide its own legal representation and bear the cost of the same. The Subgrantee also acknowledges and agrees that the Grantee shall not be obligated to provide insurance coverage, either commercially or self supplied, for the Subgrantee. Nothing herein shall be deemed an express or implied waiver of the sovereign immunity of the City of Roanoke, Grantee. Neither the Subgrantee, its employees, assigns or contractors shall be deemed employees of the Grantee while performing under this Agreement. The Subgrantee agrees to abide by the terms, forth in HUD's regulations at 24 CFR Part 575, Enclosure I as if they were the Grantee conditions are clearly inappropriate for obligations under this Agreement. guidelines, and regulations set as set forth in Attachment I and referenced therein, unless such the performance of particular 8. During the performance of this Agreement, the Subgrantee agrees as follows: Ao The Subgrantee will not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Subgrantee. The Subgrantee agrees to post in conspicuous places, notices setting forth the provisions of this non-discrimination clause. Bo The Subgrantee, in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee, will state that the Subgrantee is an equal opportunity employer. Co Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of A and B above. Nothing in this Agreement shall be construed as authority for either party to make commitments which bind the other party beyond the scope of this Agreement. This Agreement shall remain in full force and effect until cancelled by either party giving the other party thirty {30) days written notice of cancellation. Any such cancellation shall be in writing and shall be sent by certified mail. No payment will be made for expenses incurred after receipt of notice, except those expenses incurred prior to the date of notice that are necessary to curtailment of operations under this Agreement. 11. This agreement shall be governed by the laws of the Commonwealth of Virginia. IN WXTNESS WHEREOF, the Grantee and Subgrantee have executed this Agreement as of the date first written above. AIFEST: CITY OF ROANOKE, VIRGINIA City Clerk City Manager All'EST: Corporate Witness Executive Director Total Action Against Poverty AGREEMENT THIS AGREEMENT is made and entered into this day of, 1990 by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of ¥irginia, hereinafter referred to as the Grantee, and TRUST, a non-stock corporation, created and existing under the laws of the Commonwealth of Uirginia, hereinafter referred to as the Subgrantee. WITNESSETH: WHEREAS, the City of Roanoke is an Emergency Shelter Grant Program {ESGP) entitlement locality with an approved Comprehensive Homeless Assistance Plan. WHEREAS, an ESGP entitlement of $39,000.00 was awarded to the City by the United States Department of Housing and Urban Development under the Stewart B. McKinney Homeless Assistance Act. WHEREAS, by Resolution #29990-32690, adopted March 26, 1990, City Council authorized the acceptance of the ESGP entitlement of $39,000.00. WHEREAS, the City established an Emergency Shelter Resource Fund with this ESGP entitlement. THEREFORE, the parties hereto mutually agree as follows: 1. The Subgrantee shall complete the following project activities which provide for the provision of shelter maintenance and operations: Telephone (pro-rate for homeless clients only) Hinor Repairs Utilities insurance Cleaning Supplies Television for Clients (secure to premises) Paper Products Toiletries Pest Control 2,500.00 1,500.00 3,000.00 1,5oo.oo 500.00 500.00 250.00 15o.oo 120.00 TOTAL $10,120.00 The Subgrantee shall complete project activities by August 1, 1991. The Subgrantee shall receive the ESGP grant award as prescribed by the United States Department of Housing and Urban Development. The Grantee reserves the right to withhold payment if the Subgrantee fails to comply with the procedures outlined in this agreement, and federal and state regulations associated with ESGP funds. The Subgrantee shall submit to the Grantee monthly progress reports regarding project activities beginning thirty (30) days after obligation of funds. In addition, the Subgrantee shall permit access during normal business hours to its premises for the purpose of conducting on-site compliance reviews and inspecting of facilities and records. The Subgrantee acknowledges that the Grantee shall not be responsible for any actions of employees or designated representatives of the project. In the event of any litigation which may arise as a result of the operation of this project, the Subgrantee agrees to assume the risk and/or liability for the cost of any such litigation, including but not limited to, payment of damages or attorney fees to the plaintiff and hold the Grantee harmless therefrom. The Subgrantee also acknowledges and agrees that it will provide its own legal representation and bear the cost of the same. The Subgrantee also acknowledges and agrees that the Grantee shall not be obligated to provide insurance coverage, either commercially or self supplied, for the Subgrantee. Nothing herein shall be deemed an express or implied waiver of the sovereign immunity of the City of Roanoke, Grantee. Neither the Subgrantee, its employees, assigns or contractors shall be deemed employees of the Grantee while performing under this Agreement. The Subgrantee agrees to abide by the terms, guidelines, and regulations set forth in HUD's regulations at 24 CFR Part 575, as set forth in Attachment I and Enclosure I as if they were the Grantee referenced therein, unless such conditions are clearly inappropriate for the performance of particular obligations under this Agreement. 8. During the performance of this Agreement, the Subgrantee agrees as follows: The Subgrantee will not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Subgrantee. The Subgrantee agrees to post in conspicuous places, notices setting forth the provisions of this non-discrimination clause. The Subgrantee, in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee, will state that the Subgrantee is an equal opportunity employer. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of A and B above. Nothing in this Agreement shall be construed as authority for either party to make commitments which bind the other party beyond the scope of this Agreement. This Agreement shall remain in full force and effect until cancelled by either party giving the other party thirty {30) days written notice of cancellation. Any such cancellation shall be in writing and shall be sent by certified mail. No payment will be made for expenses incurred after receipt of notice, except those expenses incurred prior to the date of notice that are necessary to curtailment of operations under this Agreement. 11. This agreement shall be governed by the laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Grantee and Subgrantee have executed this Agreement as of the date first written above. AI-TEST: CITY OF ROANOKE, VIRGINIA City Clerk City Iqanager A1-FEST: Corporate Witness Executive Director TRUST June 20, 1990 File #178-236 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30102-61890 authorizing you to execute a Grant Agreement with the Virginia Department of Housing and Community Development in connection with a grant of funds under the Emergency Home Repair Program; authorizing you to execute an agreement with Total Action Against Poverty in the Roanoke Valley, Inc., for the cooperative administration of the Emergency Home Repair Program; and authorizing you to execute certain contracts between the Cit~ of Roanoke, Total Action Against Poverty in the Roanoke Valley, Inc., and individual pro- perty owners, for the purpose of obtaining grants, in an amoun~ not to exceed $2,000.00, under the Emergency Home Repair Program, upon certain terms and conditions. Resolution No. 30102-61890 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 18, 1990. Sincerely, ~ Mary F~. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. Theodore J. Edlich, III, Executive Director, Total Action Against Poverty in the Roanoke Valley, Inc., P. 0. Box 2868, Roanoke, Virginia 24001 Mr. Joel M. Schlanger, Director of Finance Mr. ~illiam F. Clark, Director of Public ~orks Mr. Ronald H. Miller, Building Commissioner Mr. H. Daniel Pollock, Housing Development Coordinator Ms. Marie T. Pontius, Grants Monitoring Administrator Room 456 Municipal Building 215 Church Avenue SW Roono~, Virginia 2401 t (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 18th day of June, 1990. No, 3(]102-61890, VIRGINIA, A RESOLUTION authorizing the City Manager or his designee to execute a Grant Agreement with the Virginia Department of Housing and Community Development in connection with a grant of funds under the Emergency Home Repair Program; authorizing the City Manager or his designee to execute an agreement with Total Action Against Poverty in the Roanoke Valley, Inc., for the cooperative administration of the Emergency Home Repair Program: and autho- rizing the City Manager or his designee to execute certain contracts between the City of Roanoke, Total Action Against Poverty in the Roanoke Valley, Inc., and individual property owners, for the purpose of obtaining grants in an amount not to exceed $2,000 under the Emergency Home Repair Program, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or his designee is hereby authorized to execute a Grant Agreement with the Virginia Department of Housing and Community Development in connection with a grant of funds under the Emergency Home Repair Program, as more particularly set forth in the City Manager's report of June 18, 1990, to City Council. 2. The City Manager and the City Clerk are hereby authorized to execute and to seal and attest, respectively, an agreement with Total Action Against Poverty in the Roanoke Valley, Inc., provid- ing for the cooperative adminstration of the Emergency Home Repair Program, as requested in the City Manager's report of June 18, 1990, to City Council. 3. The City Manager or his designee and the City Clerk are hereby authorized to execute and to seal and attest, respec- tively, certain contracts between the City of Roanoke, Total Action Against Poverty in the Roanoke Valley, Inc., and indivi- dual property owners for the purpose of obtaining grants in an amount not to exceed $2,000 under the Emergency Home Repair Program, as more particularly set forth in the City Manager's report of June 18, 1990, to City' Council, upon certain terms and conditions. 4. The form of the aforesaid agreements and contracts shall be approved by the City Attorney. ATTEST: City Clerk. June 20, 1990 File #60-178-236 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30101-61890 amending and reordaining certain sections of the 1989-90 Grant Fund Appropriations, providing for the appropriation of $13,571.00 in State Grant funds, in connection with execution of a Grant Agreement with the Virginia Department of Housing and Community Development for a grant of funds under the Emergency Home Repair Program. Ordinance No. 30101-61890 was adopted by the Council of the City of Roanoke at a regular meet'ing held on Monday, June 18, 1990. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. Mr. Mr. Ms. Ms. Management W. Robert Herbert, City Manager ~illiam F. Clark, Director of Public Works Ronald H. Miller. Building Commissioner H. Daniel Pollock, Housing Development Coordinator Marie T. Pontius, Grants Monitoring Administrator Arcelia B. Haston, Junior Accountant, Office and Budget of Room 456 Municipal Building 215 Church Avenue S W Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA /he 18th day of June. lgg0. No, 30101-61890, 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 that certain sections of the 1989-90 Grant Fund be, and the same are hereby, amended and Roanoke Appropriations, reordained to read as follows, in part: Appropriations Community Development Emergency Home Repair Program - 90 (1) .............. $ 23,985 13,571 Revenue Community Development Emergency Home Repair Program - 90 (2) .............. 1) Emergency Home Repair (035-052-5113-5168) $13,571 2) State Grant Revenue (035-035-1234-7038) 13,571 $ 23,985 13,571 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia 3une lC, 1990 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Execution of Agreements for State's Emergency Home Repair Program I. Background Virginia General Assembly has appropriated $43.75 million for the upcoming biennium for various housing programs, most to be designed and administered by the Virginia Department of Housing and Community Development (DHCD). Emergency Home Repair Program is one such program, providing grant funds to make emergency repairs to housing units occupied by iow-income families/individuals. DHCD guidelines for the Program include: 1. Grant funds awarded by DHCD must be matched with at least an equal amount in cash, in-kind services, labor, etc. from other sources; Each housing unit may receive a maximum of $500 in grant funds from DHCD, or $1,000 if the repairs or improvements make the unit handi- capped accessible. City Council endorsed application for a maximum grant award from DHCD for the Program on April 9, 1990. DHCD requested that the amount of the grant award not be specified in the application unless the applicant desired an award of less than the $8,000 - $10,000 DHCD expected to be awarded to each applicant to the Program. City Council approved the proposed FY 1990-91 CDBG Budget on May 14, 1990 by Resolution No. 30041, which provides for an additional $8,000 alloca- tion to be matched with funds carried over from the FY 1989-90 Program ($24,200.50 currently available) to provide for continued Program operation. II. Current Situation DHCD has notified the City that its grant application has been approved (Attachment A). $13,571 was awarded to the City, with $3,846 available for qualifying Energy Repairs such as roof and furnace repair or replacement, and $9,725 available for other qualifying emergency repairs. Honorable Mayor and Members of Council 3une 18, 1990 Page Two Execution of the Grant Agreement with DHCD (Attachment B) to receive the funds ($13~571) and execution of a general contract with Total Action Against Poverty (TAP) is necessary in order to continue the program. According to the terms of the general contract TAP will: I. assess tenant's income eligibility for the program 2. perform the repair work necessary to avoid condemnation of the unit 3. perform Weatherization repairs to the unit where appropriate; #. in exchange, TAP will receive a $300 administrative fee for each repair grant. This fee will come from the total allocation of funds to the Program. Additional administrative funds are not required. Each repair g£ant rec[9_ires execution of a separate three-party contract among the City as the provider of the grant funds, TAP as the repair contractor, and the property owner authorizing the repairs, agreeing not to increase the tenant's rent, and providing matching funds. In most cases, properties identified for the Emergency Home Repair Program will have conditions requiring immediate repair. Ill. Issues A. Impact on Housing Conditions. B. Consistency with the recommendations of the Housing Development Strategic Plan Task Force Report. C. Cost to the City. D. Efficient and timely administration of the Emergency Home Repair Program. IV. Alternatives Authorize the City Manager to execute grant agreement with DHCD to receive $13~571 awarded to the City for the Emergency Home Repair Program (Attachment B), and upon expiration (6-30-90) of the current agreement with TAP, authorize the City Manager to execute an agreement with TAP for the cooperative administration of the Emergency Home Repair Program (Attachment C), the agreement to be approved as to form by the City Attorney, and authorize the City Manager to execute individual contracts for grants under the Emergency Home Repair Program as he determines appropriate (Attachment D)~ each contract to be approved as to form by the City Attorney. Appropriate $13,571 in State grant funds to accounts to be established by the Director of Finance. Honorable Mayor and Members of Council Page Three 3une 18, 1990 Impact on housing conditions will be positive as additional funding will be available to correct serious health and safety hazards in substandard rental units occupied by low-income citizens. Limited repairs of serious deficiencies will prevent such units from being condemned and displacing low-income tenants. Because property owners must agree not to increase the rents for one year, low-income tenants will not be displaced indirectly by increased rent. This Program would help to slow the deterioration of houses currently of marginal condition and extend their usefulness. Consistency with the recommendations of the Housing Development Strategic Plan Task Force Report would be met. Cost to the City will be $32~200 in CDBG funds as previously approved by City Council. Efficient and timely administration of the Emergency Home Repair Program will be facilitated as TAP is experienced in assessing tenant income eligibility, providing Weatherization improvements, and in cost effective performance of repairs. Efficient administration will be further enhanced by Council authorizing Administrative approval of each contract, instead of individual Council authorizations, so that repairs to substandard rental property in danger of condemnation may be achieved within 7 to 10 days of initial inspection. Do not authorize the City Manager to execute Grant Agreement with DHCD to receive $13,571 awarded to the City for the Emergency Home Repair Program, and upon expiration (6-30-90) of the current agreement with lAP, do not authorize the City Manager to execute an agreement with TAP for the cooperative administration of the Emergency Home Repair Program, the agreement to be approved as to form by the City Attorney, and do not authorize the City Manager to execute individual contracts for grants under the Emergency Home Repair Program as he determines appropriate, each contract to be approved as to form by the City Attorney. Impact on housing conditions would be negative as additional funding will not be available to correct serious health and safety hazards in substandard rental units occupied by low- income citizens. Lack of limited repairs to serious deficien- cies could cause such units to be condemned and displace low-income tenants. Deterioration of houses currently of margi- nal condition may continue resulting in property desuetude. 2. Consistency with the recommendations of the Housing Development Strategic Plan Task Force Report would not be met. Honorable Mayor and Members of Council 3une 18, 1990 Page Four Cost to the City would be a loss of $13,571 awarded from DHCD for Program use. Further, the effects of continued housing deterioration and abandonment will continue to accrue. Efficient and timely administration of the Emergency Home Repair Program would be difficult to achieve without an agreement with TAP to assess tenant eligibility and perform repairs necessary to avoid condemnation of sustandard units. Ability to make repairs quickly also would be dramatically hindered by the requirement of obtaining individual approval of contracts for grants from City Council, as such approval may require 2 weeks or more to obtain, before repairs may begin. V. Recommendation Adopt Alternative A, and authorize the City Manager to execute Grant Agreement with DHCD (Attachment B) to receive $13,571 awarded to the City for the Emergency Home Repair Program, and upon expiration (6-30-90) of the current agreement with TAP, authorize the City Manager to execute an agreement with TAP for the cooperative administration of the Emergency Home Repair Program (Attachment C), the agreement to be approved as to form by the City Attorney, and authorize the City Manager to execute Jndi- vidual contracts for grants under the Emergency Home Repair Program as he determines appropriate (Attachment D), each contract to be approved as to form by the City Attorney. Appropriate $13,57/ in State grant funds to accounts to be established by the Director of Finance. Respectfully submitted~ W. Robert Herbert City Manager WRH:BC (CR#0.1.2,3,#) CC: City Attorney Director of Finance Director of Public Works Building Commissioner Housing Development Coordinator Grants Monitoring Administrator Executive Director, Total Action Against Poverty ONWEALTH o[ VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT ATI~ACHqE~f "A" May 10, 1990 Mr. W. Rober~ Herber~ city of Roanoke Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24001-1592 Dear Mr. Herbert= On behalf of Governor L. Douglas Wilder I am pleased to announce that the Commonwealth will offer your organization a grant under the 1991 Emergency Home Repair Program in the amount of $9,725 in Grant Funds and $3,846 in Energy Funde for a total amount of $13,571.' The Energy Funds are restricted to roof and heating system repairs and does not require a match. Staff from the Division of Housing will contact you with regard to the execution of a Grant Agreement and all other necessary forms and requirements pursuant to the operation of your project. I wish to congratulate you and thank you for your commitment to the improvement of housing conditions in your area. Sincerely, Neal J. Barber 9/LSANehr EHER~ENCY HO~E REPAIR ~R,%NT ~REEHENT 91-ER-17 This Grant Agreement is made by and between the Virginia Department of Housing and Community Development (DHCD) on behalf of the Commonwealth of Virginia and City of Roanoke the Certified Local Administrator (CLA) approved to act as the local administrator for the Emergency Home Repair Grant Program (EHRP) and also referred to as the Grantee within this Agreement. The Grant, which is the subject of this Agreement, is authorized by the Governor of the Commonwealth under the Virginia Emergency Home Repair Grant Program and is funded through an allocation from the Commonwealth of Virginia for fiscal year 1990-91. The Program is subject to the terms, guidelines and requirements set forth in the Emergency Home Repair Program Application Manual, 1991, and the laws of the Commonwealth, as now in effect and as may be amended from time to time, which are incorporated by reference as part of this Agreement. Also incorporated as part of thisAgreement is the application including certifications, resolutions and agreements contained therein. The Department of Housing and Community Development agrees to provide $9,725 Grant Funds and $3,846 Energy Funds to the Grantee for program operation per the Emergency Home Repair Program application, Grant Agreement, and associated documents. Disbursement of funds shall be made to grant recipients, per the schedule as described in the special conditions section of this Agreement, after receipt and acceptance by DHCD, of the signed 2 Grant Agreement and Funds Disbursement Request forms. The Grantee agrees that Emergency Home Repair grant funds will be matched dollar for dollar through other program and in-kind sources. The Grantee further agrees to monitor, oversee and report on the use of funds under this Agreement. PROJECT DESCRIPTION/PERFORMANCE SCHEDULE ~%ND SPECIAL CONDITION~ I. Project Description/Performance Schedule (Approved Activities): Funds totalling $13,571 shall be used to pay material and labor costs needed to make emergency repairs, as defined in Section V of the Emergency Home Repair Program Application Manual, and is limited to housing units occupied by lower- income families or individuals meeting requirements set forth II. in Section VII of the Emergency Home Repair Program Application Manual. The Grantee service area is: Roanoke. Reporting Requirements: Grant recipient shall submit an initial report on August 31, 1990 and then per the following schedule or until all funds have been exhausted: October 31, 1990 December 31, 1990 February 28, 1991 April 30, 1991 June 30, 1991 60 Day Report 60 Day Report 60 Day Report 60 Day Report 60 Day Report RePorts ara due within ~$ days of due date. submit reports as reouired may result in 3 Failure to denial of futBr~ III. Special Conditions: A. Disbursement/ExDendit~e~ (a) Funds Disbursement: 1. Local Administrators may initially request 50% of their Grant award for the E~RP (projects are to begin within 30 days of the fund request). 2. Energy funds are to be requested in full on the designated Fund Disbursement Request Form at the same time the initial request is made for the Grant funds. A Match is not required for the Energy funds. Use of the Energy funds is limited to the following: a. Roof (shingles and felt) repair and/or replacement. Replacement is allowed when cost of repair is equal or greater than the replacement cost. b. Heating system parts and/or components repair and/or replacement. Replacements is allowed when cost of repair is equal or greater than the replacement cost. 3. The remaining 50% of the grant award may be requested after expenditure' of the original disbursement. 4 (b) Funds ExPenditure: Emergency Home repair funds are to be utilized per the following schedule: 20% expended by October 31, 1990 40% expended by December 31, 1990 60% expended by February 28, 1991 80% expended by April 30, 1991 100% expended by June 20, 1991 Failure to fulfill the funds exDend~tur. schedule may result in a deobliaation of the unspent EHRP funds for reallocation. *NOTEI Those Local A4ministrators who weNe 1989 end 90 ~w~" ~rantees sh&11 have expended 100% of their 1989 award --~ hay~ submitted their final report before any 1991 funds request wi~l be nrocessed. B. ACCOUNTING RECORDS - The Grantee shall establish and maintain separate accounts within its existing accounting system or set up accounts independently. The Grantee shall record in its accounting system all Grant payments received by it pursuant to the Grant and all other match funds provided for, accruing to, or otherwise received on account of the Grant. All costs, including paid services contributed by the Grantee or others, charged to the Grant shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contract, vouchers, orders, or other accounting documents pertaining in whole or in part to the Grant shall be clearly identified, readily accessible, and separate and distinct from all other such documents. Such documents shall reside at the offices of the grantee. C. MAINTENANCE OF RECORDS - The Grantee shall maintain such records in such a manner as will be prescribed. Records shall be readily accessible to the Department, HUD, appropriate state agencies, and the general public during the course of the project and shall remain intact and accessible for three years thereafter. The exception is if any litigation claim or audit is started before the expiration of the three year period the records shall be retained until such action is resolved. 5 D. COSTS INCURRED PRIOR TO GRANT AGREEMENT EXECUTION - No costs incurred prior to the execution of the AGREEMENT shall be eligible for reimbursement with Grant funds, unless incurred costs are authorized in writing by the Department. E. CONTRACT SECURITY - The Grantee shall secure all materials and equipment, purchased or paid for with Grant funds through insurance coverage of the full value of the same, and maintain an inventory record of Grant purchased items. F. ~ - The Grantee shall hold the Commonwealth of Virginia, the Department, its agents and employees harmless from any and all claims and demands based upon or arising out of any actions by the Grantee, its employees, agents or contractors. G. TERMINATION. SUSPENSION. CONDITIONS - If through any cause, the Grantee fails to comply with the terms, conditions or requirements of the CONTRACT DOCUMENTS, the Department may terminate or suspend this AGREEMENT by giving WRITTEN NOTICE of the same and specifying the effective date of termination of suspension at least five (5) days prior to such action. In the case of contract violations by the Grantee, the Department may request that all or some of the grant funds be returned even if the grantee has expended the funds. The request will be made in writing. The grantee agrees to return such funds as requested by the Department within 15 days of receipt of the written request. H. SUBSEOUENT CONTRACTS - The Grantee shall remain fu11¥ obliaated under the provisions of the Grant Agreement notwithstanding its designation of any subsequent or third parties for the undertaking of all or part of the activities for which the grant assistance is being provided to the Grantee. Any Grantee or Contractor or Subcontractor which is not the APPLICANT shall comply with all the lawful requirements of the APPLICANT necessary to insure that the PROJECT for which this assistance is being provided under this AGREEMENT is carried out in accordance with the APPLICANT'S Assurances and Certifications. IV. Additional AssuranGes A. Grantee will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. B. Grantee will give the Virginia Department of Housing and Community Development, HUD, and the State Comptroller through any authorized representatives access to and the right to 6 examine all records, books, papers, or documents related to the grant. The Grant Agreement is hereby executed by the Parties on the date set forth below their respective signatures as follows: VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT CITY OF ROANOKE Signature Robert J. Adams Name Name DePutY Director Title Title AqTACI~Srr "C" AGREEMENT made this 2nd day of 3uly, 1990, between the Grantee: City of Roanoke, Virginia 215 Church Avenue, S.W. Roanoke, VA 2#011 and the Contractor: Total Action Against Poverty (TAP) in the Roanoke Valley, Inc. P. O. Box 2868 Roanoke, VA 24001 Whereas, the City of Roanoke has received a grant from the Virginia Department of Housing and Community Development in the amount of $13,571, under the provisions of the Emergency Home Repair Program; and Whereas, Roanoke City Council approved by Resolution No. 30041 on May 1990, the proposed FY 1990-91 budget for the Community Development Block Grant (CDBG) Program, and the Statement of Community Development Objectives and Projected Use of Funds, wherein, $8,000 of CDBG funds will be allocated to the Emergency Home Repair Program, and an additional $24,200.50 in CDBG funds carried over from FY 1989-90 is available for Program use; and Whereas, the Roanoke City Council on June 18, 1990 reviewed and approved, by Ordinance No. , the execution of a contract between the City and Total Action Against Poverty in Roanoke Valley Inc. (TAP) concerning operation of the Emergency Home Repair Program; and Whereas, TAP is experienced in providing services to and on behalf of citizens of low and moderate income, including verifying general eligibility to assistance programs, and in performing or arranging for the performance of residential repair and rehabilitation and is the sole agency authorized to administer the federally-funded Weatherization program in the City of Roanoke; and Now, therefore, the City and TAP do mutually agree as follows: Scope of Services: Utilizing funds as appropriated and made available by the City, but not exceeding $45,771.50, and Weatherization funds as available to TAP in the City from Virginia's Weatherization program, available through the Virginia Association of Community Action Agencies, TAP shall verify income of residents of certain rental properties identified by the City, and shall provide repair services to the owners of such property as authorized by the City. B. Procedure: In the course of its enforcement of the Building Maintenance Code, the City may discover rental residential units, occupied by very low income household tenants, that have imminent health and safety hazards or barriers to habitability. For the purposes of the Emergency Home Repair Program and this agreement, "very iow income household" is defined as a household having income not exceeding 50% of area median household income, adjusted for house, hold size as established by the U.S. Department of Housing and Uroan Development. Page 2 2. Building inspectors of the City shall: a. Identify the repairs necessary in order to avoid condemnation and an order to vacate the unit; be Contact the property-owner and obtain from him/her written certification that he/she cannot afford to make repairs, at least without rent increases, and written agreement not to increase the rent due to the repairs for one year after repairs are made, and further, to agree to pay the grant back to the City in the event that the rent is increased due to the repairs for one year after repairs are made; and c. Refer the instance to TAP. 3. TAP shall: a. Verify the income eligibility of the tenants for this program and its Weatherization program; b. Verify the approximate cost of identified repairs; Ce Determine work eligible to be performed under terms of its Weatherization program, if tenants meet income and all other qualifications for that program; d. Execute, with the City and the owner of the unit an agreement to include the following: specifications of the work to be done under the program, a maximum time of completion, and a price for the work to be performed; a stipulation that the property-owner will not raise the rent due to the repairs for one year after repairs are made, that the property-owner pledge a dollar for dollar match of grant funds for repairs, and' that the property- owner will be responsible for paying this grant back to the City should he/she violate this stipulation; that the City will make a grant of up to $2,000 per unit for repairs necessary to avoid condemnation and vacation; and, e. Arrange for repairs to be made expeditiously, and in accordance with all applicable Building Codes. C. Compensation and Methods of Payments: Total Cost: The total of all payments from the City to 1AP under the terms of this contract shall not exceed $#5,771.50, including materials, expenses to TAP's subcontractors, building permits, administrative cost, and any other allowable costs. Page 3 Subcontractors: TAP may use other private subcontractors to per- form work elements TAP is not qualified or able to do, the cost to be paid by the City under the terms of this contract to count toward the $#5,771.50 limit, with a limit of $2,000 per unit. TAP shall obtain a minimum of two (2) competitive bids or written price quotations for each contracted repair job, and will award the work to the lowest reputable bidder able to perform within a reasonable time. TAP may charge an administrative fee to the City, in addition to the direct charge of the contracted work performed under this program. Such administrative fees shah not exceed $300 per unit. Submission of Invoices: Reimbursement of allowable expenses shall be paid to TAP by the City within fifteen (15) working days from receipt of the final invoice from TAP. Such final invoice may not be submitted by TAP or accepted by the City before inspection and acceptance of the completed work by the City Building Department. Time of Performance: The term of this agreement shall not extend beyond the earliest of June 30, 1991; expenditure of all of the funds allocated to the Program by the City~ or cancellation by either party as provided in Section 0 infra. Compliance with Federal Regulations: The Subgrantee agrees to abide by the HUD conditions for CDBG programs as set forth in the Attachment, and all other applicable federal regulations relating to the specific program performed hereunder. Conflict of Interest: No employee, agent, consultant, officer or appointed official of TAP who is in a position to participate in a decision-making process or gain inside information with regard to any CDBG activities, may obtain a personal or financial interest in or benefit from any of the activities, or have an interest in any contract, subcontract or agreement with respect thereto, or in the proceeds thereunder, either for themselves, their family or business associates, during their tenure or for one (1) year thereafter, Hold Harmless Agreement: TAP shall hold the City, its officers, agents, and employees harmless from any and all damages, losses, expenses and claims that may arise by reason of any act or omission on the part of TAP, its agents or employees, or on the part of any party with whom TAP enters into a contract for work performed pursuant to this Agreement. TAP shall require any such subcontractor to hold TAP and the City, its officers, agents, and employees harmless from any and all damages, losses, expenses and claims that may arise by reason of any negligence on the part of the subcontractor, its agents or employees, or on the part of any party with whom TAP enters into a contract for work performed pursuant to this Agreement. Page Liability Insurance Coverage: TAP is required to provide comprehensive liability insurance coverage to protect TAP, the City, the City's officers, agents and employees and the homeowner for not less than 5500,000..00 for bodily injury, including accidental death, to any one person and not less than 51,000,000.00 on account of any one occurrence. TAP will also provide property damage insurance in an amount not less than 5100,000.00 per occurrence and 5200,000.00 per aggregate. TAP shah also provide workmen's compensation insurance as required by the Workmen's Compensation Law of Virginia. TAP shall furnish evidence of its insurance coverage to the City. TAP will also require ali subcontractors to carry comprehensive liability insurance for the protection of the parties and in the amounts of not less than 5250,000.00 in the event of bodily injury including death and 550,000.00 in the event of property damage. TAP shall also require all subcontractors to carry workmen's compensation insurance as required by the Workmen's Compensation Law of Virginia. The amount of such insurance shall not be construed as a limit upon the obligation of TAP, a subcontractor ol TAP's or on the part of any party with whom TAP contracts for work performed pursuant to this Agreement. Therefore, TAP's coverage should provide for all liability assumed by TAP under this Agreement. Uniform Administrative Requirements: The subgrantee shall comply with the requirements and standards of OMB Circular No. A-122, "Cost Principles for Non Profit Organizations" and with the following Attachments to OMB Circular No. A-II0, if applicable: Attachment A, "Cash Depositories"; Attachment B, "[~onding and Insurance"; Attachment C, "Retention and Custodial Requirements for Records", Attachment F, "Standards for Financial Systems"1 Attachment H, "Monitoring and Reporting Program Performance," paragraph 21 Attachment N, "Property Management Standards"; and Attachment O, "Procurement". Program Income: "Program Income" means gross income received by the Grantee or Subgrantee directly generated from the use of CDBG funds. Program income from any and ali sources shall be submitted to the City within five (5) working days of its receipt by the Subgrantee. Program income does not include funds provided by property owners as a match for the rehabilitation grant. Records and Reports: The subgrantee shall maintain full and accurate records with respect to all matters covered under this Agreement. All records pertaining to this Agreement and the services performed pur- suant to it, shall be retained for a period of three (3) years after the expiration date of this Agreement or its amendments. Appropriate City and/or HUD personnel shall have free access to those records during the Agreement duration and the following three-year time period. Page 5 The Subgrantee shall submit a report each 60 days to the Grantee's Office of Grants Compliance. Such reports shall consist of an accounting of funds com- mitted and expended from each funding source for the period, and a report on families and persons benefiting from the grants. Format of reports will be mutually agreed upon by Grantee and Subgrantee. Reversion of Assets: Upon expiration of this Agreement, or amendments thereto, the Subgrantee shall transfer to the City any CDBG funds or program income on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Annual Audit and Monitoring: The Subgrantee shall provide for an annual independent audit of all CDBG expenditures covered by the Agreement. Copies of said audit report shall be furnished to the Grantee's City Manager and Director of Finance within thirty (30) days of completion of the audit. Third Party Contracts: The City shall not be obligated or liable hereunder to any party other than TAP. All contracts between TAP and a third party shall include a provis}on that the City is not obligated or liable thereon to any party other than TAP. Cancellation Clause: In the event either party should fail to carry out the provisions and intentions of this Agreement and its attachments, the other party may, by a written ten (10) day notice~ cause this contract to be cancelled. Likewise, should either party determine that it cannot successfully carry out its portion of the program, the Agreement may be cancelled with a written ten (10) day notice to the other party. Such notices shall be either delivered by hand or mailed to the parties as follows: 1. In the case of the City, be addressed or delivered to the: City Manager 215 Church Avenue SW Roanoke, VA 2. In the case of TAP, be addressed to or delivered to the: Executive Director P. O. Box 2868 Roanoke~ VA 24001 In the event of such cancellation, projects underway or for which TAP has made commitments to subcontractors will be completed by TAP as otherwise provide in this Agreement. Page 6 Amendments: The City may, from time to time, require changes in the scope of the services of TAP to be performed hereunder. Such changes and any other changes as mutually agreed upon by the City and TAP, shall be incorporated in written amendment to this Agreement. In ~I/itness Whereof, the City and TAP have executed this Agreement as of the date tirst above written. City of Roanoke Attest W. Robert Herbert City Manager Total Action Against Poverty in the Roanoke Valley, Inc. Attest Theodore 3. Edlich, III Executive Director Director of Finance Date Appropriation and Funds Required for this Contract Certified ACCTtl Approved as to CDBG Eligibility Approved as to Form Assistant City Attorney Approved as to Execution Assistant City Attorney U. S. DEPANTl~ENT OF HOUSING AND URBAN DEVELOPMENT GRANT AEREEMENT COI~UNITY DEVELOPHENT 8LOCK GRANT PRO6RAM SPECIAL TERMS AND CONDITIONS FOR SUBGRANTEES (CONTRACTS OVER $10,000) "Section 3" Compllance in the Provision of Training, Employ.ant and 8usines~ Opportunities: Ae The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from tn, Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of lg68, as amended, 12 U.S.C. 170 lu. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and urban Development set forth in 24 CFR 135, and all appli- cable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said Tabor organization or workers' representative of his cont~itments under this Section 3 clause and shall post copies of the notice in conspicuous pla- ces available to employees and applicants for employment or training. The contractor wtll include this Section 3 clau~e in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urbefl Oevelopment 24 CFR Pert 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 end wtll not let any subcontract unless the subcontractor has first provided it with & preliminary statement of ability to comply with the requirements of these regulations. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable -rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, it successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. Equal Employment Opportunity: as amended: Such contracts Opportunity regulations at 24 construction contracts. ~ontracts subject to Executive Order 1[246~ shall be subject to HUD Equal Employment CFR Part 130 applicable to HUO-assisted The Subgrantee shall cause or require to be inserted in full in any non- exempt contract and subcontract for construction work, or modification thereof as defined in said regulations, which is paid for in whole or in part with assistance provided under this Agreement, the following equal opportunity clause: "During the performance of this contract, the cOntrac- tor agrees as follows: A. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and section for training, including apprenticeship. The contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. B. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. C. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' repre- sentatives of the contractor's co~litment under this section and shall post copies of the notice in conspicuous places available to employees. and applicants for e~ployment. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. The contractor wtll furnish all information and reports required by Executive Order ~Z246 of September 24, 965, and by the rules, regula- tions and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. -2- [n the event of the contractor's noncompliance with the nan° discrimination cJauses of this contract o~ with any of such rules, regu- lations Or orders, this contract may be canceled, terminated or suspended in whole or in pert, and the contractor may be declared ineli- gible ?or ?urther Government contracts or Federally-assisted construc- tion contract procedures authorized in Executive Order 11246 September 24, lg6s, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. ' The contractor will include the portlon of the sentence immediately pre- ceding paragraph (A) and the provisions of paragraphs (A) through (G) fn every subcontract or purchase order unless exempted by rules, regu]a- tions or orders of the Secretary of Labor issued pursuant to Section 204 of £xecutive Order Ii246 of September 24, lg6s, so that such provisions will be binding upon each subcontractor or vendor. The contractor take such action with respect to any subcontract or purchase order as the Oepartment may direct as a mans of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the Oepartment, the contractor may request the United States to enter tnto such litigation to protect the interest of the United States.. The Subgrantee further agrees that it will be bound by the aove equal opportunity clause with respect to its ; emplo~nt practices when it participates in Federally-assisted construction ~rk; provided, that if the Subgrantee so participating is a State or local government, the above equal opportunity clause is not ;pltcable to any agency, instru- mentality or subdivision of such govern~nt ~tch does not participate in work on or under the contract. ~e Subgrantee agree, that it assist and cooperate actively with the Oepar~nt and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor; that it will furnish the Oepartment and the Secretary of Labor such compliance; and that it will other~vtse assist the Department in the discharge of 1ts primary responsibility for securing compliance. The Subgra~tee further agrees that It ~tll refrain fromm entering into any contract or contract modification sub,act to Executive Order 11246 of September 24, ~965, ~tth a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and Federally- assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal oppor- tunity clause as lay be imposed upon.contrKtors and subcontractors by the Department or the Secretary of Labor pursuant to Part I], Subpart O, of the Executive Order. In addition, the Subgrantee agrees that if tt fails or refuses to comply wtth these undertakings, the Department may take any or all of the folloulng actions: cancel, terminate or suspend in whole or in part the grant or lo4n guarantee; refratn from extending an~ further assistance to the Subgrantee under the Program with respect to whtch the failure or refusal occurred unttl satisfactory assurance of future compliance has been recltved from such Subgrantee; and refer the cause to the Department of Justtce for appropriate legal proceedings. -3- Federal Labor Standards Provisions: Except with respect to the rehabilita. tion of residential property designed for residential use for fewer than eight families, the Subgrantee and all contractors engaged under contracts in excess of Two Thousand Dollars ($2,000.00) for the construction, prosecu- tion, completion or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 2g CFR Parts 3 and 5, governing the payment of wages and the ratio of apprentices and trainees to journeymen; provided that if wage rates higher than those required under such regulations are imposed by State or local law, nothing hereunder is intended to relieve the Subgrantee of its obligation, if any, to require payment of the higher rates. The Subgrantee shall cause or require to be inserted in full in any such contracts subject to such regulations, provi- sions meeting the requirements of 29 CFR 5.5. No award of the contracts covered under this section of the Agreement shall 'be made to any contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract. 4. Nondiscrimination Under Title VI of the Ctvil Rights Act of lg~4: This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88 352) and HUO regulations with respect thereto, including the regulations under 24 CFR Pert X. In the sale, l,ese or other transfer of land acquired, cleared or improved with &sststance provided under this Agreement, the Subgrentee shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex or national ori- gin, in the sale, lease or rental, or in the us~ of occupancy of such land or any improvements erected or to be erected thereon, and providing that the Subgrantee and the United States are beneficiaries of and entitled to enforce such covenant. The Subgrentee, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. Obligations of Subzrantel with Respect to Certain ~trd-part~ Relationships: The )ubgrentee shall r~maln fully o~ligated under the provisions of the Agreement, notwithstanding 1ts design&tton of any thtrd party or parties for the undertaking of ell or any pert of the program with respect to which assistance is being provided under this Agreement to the Subgrantee. Any Subgrantee which ts not the Applicant shall comply with all lawful require- ments of the Applicant necessary to insure that the program, with respect to which assistance is bitng provtded under this Agreement to the Subgrantee, is carried out in'accordance with the Applicant's Assurances and certifica- tions, Including those with respect to the assumption of environmental responsibilities of the ApDltcant under Sectton 104(h) of the Housing and Community Development Act of 1974. Interest of Certatn Federal Officials: NO ,mmber of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agretmmnt or to any benefit to arise from the same. -4- 7. Zn~eres~ of Memberst Of¢tcers or Emo]oyees of ~,,h~rantee Hem. ---= · u~r~ or LOCal Gove~ber Public Of~lc~al~-: No ~ber, offl.~.-- ........ u- mnp~oye~ 0 teu grantee, or~ s ,sign,esor agents, no membor of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure, or for one ([) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. The Subgrantee shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this section. 10. Prohibition A~ainst Pe,vments of Bonus or Comlsslon: The assistance pro- vided under this Agreement shall not be used In the payment o~ an~ bonus or commission for the purpose of obtaining HMO approval of the app]ication for such assistance, or HUD approval or applications for additional assistance, er any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Coaaunlty Develobaent Act of [974, or HUD regu- lations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual sollcttatlon, are not herebX prohibited if otherwise eltgible as program costs. "Section 109": This Agreeaent ts subject to the requirements of Sectton tog of the Housing and C~munity DevelopMnt Act of 1974, 42 U.S.C. 3535(d). No person in the United States shell on the ground of race, color, religion, sex or nattonal ortgtn be excluded froa participation in, be dented the benefits of, or be subjected to discrimination under any program or actlvtty funded in whole or in part with funds available under this title. Access to Records and Site of Emplo~qlint: This Agre~nt is subject to the requirements of Executive Order ZZZ46, Executive Order 137S, Civil Rights Act of [964, as amended. Access shall be permitted during normal business hours to the premises for the purpose of conducting on-site compliance · reviews and inspecting and copying such books, records, accounts, and other material as may be relevant to the matter under investigation and pertinent to compliance with the Order, and the rules and regulations promulgated pur- suant thereto by the Sub(Jranteeo Information obtained in this manner shall be used only in connection with the administration of the Order, the admi- nistration Of the Ctvtl Rights Act o¢ [964 (as amended) and in furtherance of the purpose of the Order and that Act. -S- ATI'ACi1HiIN~ "D" AGREEMENT Made this Between the City: day of and TAP: and the Owner: City of Roanoke, Virginia 215 Church Avenue SW Roanoke, Virginia 2#011 Total Action Against Poverty in the Roanoke Valley, Incorporated 702 Shenandoah Avenue Roanoke, Virginia 24017 Concerning a certain rental property (Hereinafter the "Property") in the City of Roanoke, identified as Official Tax Map Number described as , located at WHEREAS, the Owner hereby certifies he/she/they own the Property and rent it for residential use; and WHEREAS, the City has inspected the property and has determined it to be in noncompliance with the Building Maintenance Code and in serious need of repairs or condemnation; and WHEREAS, TAP has determined that the current tenants of the property have incomes not exceeding 50% of the median family income for the Roanoke area; and WHEREAS) the Owner certifies he/she/they cannot afford to make the necessary repairs without increasing rents charged to the current tenants; and WHEREAS, the City is willing to pay up to $2,000.00 under the Emergency Home Repair Program to make necessary repairs to the property, if the Owner agrees to certain conditions; THEREFORE, the parties to the Agreement do mutually agree as follows: I. RESPONSIBILITIES OF TAP 1. As a licensed contractor, TAP will perform or arrange to have performed the following repairs: at a total cost of Page 2 TAP will insure that all applicable building permits are obtained for the work to be performed. 2. TAP agrees to complete the repairs within days of the execution of this Agreement by all parties. Upon completion, TAP will notify the City Building Department and the Owner. II. RESPONSIBILITIES OF THE CITY Upon completion of the repair work by TAP and notification to the City Building Department) the City will verify satisfactory completion of the work specified under Section I (1) of this Agreement. Upon submission of an invoice letter by TAP to the City) the City will pay TAP the sum of ($ ) within 15 days of the receipt of the invoice for completed work. This payment to TAP for completed work will not constitute a lien against the property and will not be repayable by the Owner except in the event of his/her failure to fulfill his/her responsibilities as provided in Section III. III. RESPONSIBILITIES OF THE OWNER As party to this Agreement, the Owner authorizes TAP and its subcontractors to make repairs and improvements as identified in Section [) and to provide TAP and its subcontractors access to the property at reasonable times for the purposes of performing the repair work, and the City for inspection of work after completion. In addition, if the cost of repair work necessary to prevent condemnation of the property by the City exceeds the amount payable by the City as provided in Section Il, the Owner agrees to pay the balance of ($ ) to TAP upon completion of repairs and its acceptance by the City and the Owner. Owner shall pay such costs within l~ days of the notice from TAP to the City and the Owner of completion of such work. In consideration for the work performed by TAP as identified in Section I~ and payment for such work by the City as provided in Section [I) the Owner agrees to refrain from any rent increases due to the repair work paid for by the City for a period of one year from the date of the completion of the work as certified by TAP and accepted by the City. Furthermore~ the Owner agrees not to evict or otherwise request the tenant to leave the property for a period of one year from the date of completion of the work~ providing the tenant complies with all his/her obligations and responsibilities under the Lease Agreement with the Owner. The Owner further agrees not to sell the property for a period of one year from the date of completion of the work as certified by TAP and accepted by the City. The Owner agrees to execute a promissory note to the City for repayment to the City in the event of non-compliance with any one of these provisions. Page IV. HOLD HARMLESS AGREEMENT TAP and the Owner shall hold the City, its officers, agents, and employees harmless from any and all damages, losses, expenses, and claims that may arise by reason of any act or omission on the part of TAP, its agents or employees, or on the part of any party with whom TAP enters into a contract for work performed persuant to this Agreement. TAP shall require any such contractor to hold TAP and the City, its offi- cers, agents and employees harmless in any and all damages, losses, expen- ses, and claims that may arise by reason of any negligence on the part of the subcontractor, its agents, or employees, or on the part of any party with whom TAP enters into a contract for work performed persuant to this Agreement. V. THIRD PARTY CONTRACTS The City shall not be obligated or liable to any party other than TAP and the Owner. All contracts between TAP and a third party shall include a pro- vision that the City is not obligated or liable thereon to any party other than TAP and the Owner. VI. LIABILITY INSURANCE COVERAGE TAP is required to provide comprehensive liability insurance coverage to protect TAP, the City, the City's officers, agents and employees, and the Owner for not less than $500,000.00 for bodily injury including accidental death to any one person and not less than $1,000,000.00 on account of any one occurrance. TAP will also provide property damage insurance in an amount of not less than $100,000.00 per occurrance and $200,000.00 per aggregate. TAP will also require all subcontractors to carry comprehensive liability insuance for the protection of parties and in the amount of not less than $250,000.00 in the event of bodily injury including death and $50,000.00 in the event of property damage. VII. CANCELLATION CLAUSE In the event any party should fail to carry out any provision or intention of this Agreement and its attachments, either of the other parties may, by a written 10-day notice cause this Agreement to be cancelled. Likewise should any party determine that it cannot successfully carry out its portion of the Agreement, the Agreement may be cancelled by a written 10-day notice to the other two parties. However, in the event of such cancellation due to the lack of performance by a party hereto, such party shall reimburse the other parties for costs they have incurred in good faith and reasonable expectation of the fulfillment of this Agreement by all parties. Such notices shall be either delivered by hand or mailed to the parties as follows: Page 1. In the case o! TAP, be addressed or delivered to the: Executive Director 702 Shenandoah Avenue NW Roanoke, Virginia 24017 2. In the case oi the City, be addressed or delivered to the.' City Manager Room 170 21) Church Avenue SW Roanoke, Virginia 24011 3. In the case oi the Owner, be addressed to or delivered to: VIII. AMENDMENTS Any changes as mutually agreed upon among the City, TAP, and the Owner shall be incorporated in written amendment to this Agreement. IN WITNESS WHEREOF, the City, TAP, and the Owner have executed this Agreement as of the date iirst written above. Owner(s): TAP: Witness: Date: City of Roanoke: Date: Executive Director City Manager Date: PROMISSORY NOTE FOR VALUE RECEIVED, the undersigned promises to pay to the CITY OF ROANOKE, VIRGINIA, on order, at its municipal offices in the said Cit~, the principal sum of DOLLARS ($ ) without interest. If the undersigned complies with all of the terms and conditions contained in Section III of the agreement between the City of Roanoke, TOTAL ACTION AGAINST POVERTY and the undersigned, for the performance of repair work on certain property of the undersigned under the Emergency Home Repair Program, executed on , 19 , and incorporated herein, the entire debt will be deemed to have been satisfied and will be forgiven by the City as of , 19 If there be a breach of the terms and conditions contained in Section III of the agreement between the City of Roanoke, Total Action Against Poverty and the undersigned for the performance of repair work on certain property of the undersigned under the Emergency Home Repair Program, executed on , 19 , and incorporated herein, the entire principal shall, at the option of the holder of this Note, immediately become due and payable for all purposes whatsoever, and its collection may be enforced by any remedy at law or in equity. The terms and con- ditions of said agreement are made a part hereof and shall control in the interpretation and enforcement of this Note. The time of payment of all or any part of the debt hereby evi- denced may be extended or renewed from time to time by the holder hereof, and no such extension or renewal shall in any wise release or affect the liability of anyone in any way liable for the payment hereof. Homestead and all other exemptions, presentment, protest and notice of dishonor are hereby waived by the undersigned and by all persons now or hereafter in any way liable for the payment of this debt. If the debt hereby evidenced be not paid as it matures and is collected by suit or attorney, it is further agreed that there shall be paid hereunder as an attorney's fee for such collection 18% of the amount then due which is hereby agreed upon as a reasonable charge. The makers shall have the privilege to repay the entire prin- cipal amount hereof without premium. (SEAL) (SEAL) 1 of 2 STATE OF VIRGINIA ~ To-Wit: CITY OF ROANOKE The foregoing Promissory Note was acknowledged before me this __ day of , 19 , by My Commission expires: Notary Public 2of2 June 20, 1990 File #472-200-450 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30104-61890 accepting the bid of Magic City Ford for furnishing and delivering one new four-wheel drive mini van, in the total amount of $17,487.00, for use by the Economic Development Department. Resolution No. 30104-61890 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 18, 1990. Mary ~. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Brian J. Wishneff, Chief of Economic Development Mr. D. Darwin Roupe, Manager, General Services Mr. William F. Clark, Director of Public Works Mr. James A. McClung, Manager, Motor Vehicle Maintenance Ms. Arcelia B. Haston, Junior Accountant, Office of Management and Budget Room 456 Municipal Building 215 Church Avenue SW Roanoke. Virginia 24011 (703) 981-2541 June 20, 1990 File #472-200-450 Mr. Gregory F. Watt Berglund ~azda Buick 3530 Franklin Road, S. W. Roanoke, Virginia 24014 Dear Mr. Matt: I am enclosing copy of Resolution No. 30104-61890 accepting the bid of Magic City Ford for furnishing and delivering one new four-wheel drive mini van, in the total amount of $17,487.00, for use by the Economic Development Department. Resolution No. 30104-61890 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, June 18, 1990. Gn behalf of the Mayor and Members of City Council, to express appreciation described vehicle. I would like for submitting your bid on the above- Sincerely, Mary F. Pa rker, CMC/AAE City Clerk MFP:ra Enc. Room 45G Municipal Building 215 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2541 June 20, 1990 File #472-200-450 Mr. Paul Grim Truck Fleet Manager Magic City ~otor Corporation P. 0. Box 12807 Roanoke, Virginia 24028 Dear Mr. Grim: I am enclosing copy of Resolution No. 30104-61890 accepting the bid of Magic City Ford for furnishing and delivering one new four-wheel drive mini van, in the total amount of $17,487.00, for use by the Economic Development Department. Resolution No. 30104-61890 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 18, 1990. Sincerely, Mary F. Parker City Clerk CMC/AAE ~FP : ra Enc. Room 456 Municipal Building 215 Church Avenue S W Roanoke, Virginia 24011 (703) 98t-2541 IN THE COUNCIL OF TXE CITY OF The 18th day of dune, 1990. No. 30104-61890. ROANOKE, VIRGINIA, A RESOLUTION accepting the bid of Magic City Ford made to the City for furnishing and delivering one new four-wheel drive mini van in accordance with City of Roanoke specifications, as set forth in its request for quotations dated May 24, 1990; and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Magic City Ford, made to the City, offering to supply one new four-wheel drive mini van, meeting all of the City's specifications, as set forth in its request for quotations dated May 24, 1990, for the total bid price of $17,487.00, f.o.b. destination, which bid is on file in the Office of the City Clerk is hereby ACCEPTED. 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase order therefor, incor- porating into said order the City's specifications, the terms of said bidder's proposal and the terms and provisions of this resolu- tion. 3. Any and all other bids made to the City for the aforesaid procurement are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appre- ciation for such bid. ATTEST: City Clerk. June 20, 1990 File #60-4?2-200-450 Hr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30103-61890 amending and reordaining certain sections of the 1989-90 General Fund Appropriations, providing for the transfer of $17,487.00 in con- nection with the purchase of one new four-wheel drive mini van for use by the Economic Development Department. Ordinance No. 30103-61890 was adopted by the Council of a regular meeting held on Monday, June 18, Sincerely, Mary F. Parker, City Clerk the City of Roanoke at 1990. CMC/AAE MFP:ra Enc. pc: Mr. W. Robert Herbert, City Manager Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Brian J. Wishneff, Chief of Economic Development Mr. D. Darwin Roupe, Manager, General Services Mr. ~illiam F. Clark, Director of Public Works Mr. James A. McClung, Manager, Motor Vehicle Maintenance Ms. Arcelia B. Haston, Junior Accountant, Office of Management and Budget Room 456 Municipal BuilOing 215 Church Avenue S.W Roonoke, Virginia 24011 (703) 981-2541 the emergency. WHEREAS, for Government of the exist. IN THE COUNCIL OF '£~ CITY OF ROANOKE, VIRGINIA The 18th day of June. 1990. No. 30103-61890. AN ORDINANCE to amend and reordain certain sections 1989-90 General Fund Appropriations, and providing for of the usual daily operation of the Municipal City of Roanoke, an emergency is declared to THEREFORE, Roanoke that certain Appropriations, be, and the reordained to read as follows, BE IT ORDAINED by the Council of the City of sections of the 1989-90 General Fund same are hereby, amended and in part: APpropriations Community Development Economic Development'(i) .......................... Nondepartmental Contingency - General Fund (2) .................... 1) Vehicular Equipment (001-002-8120-9010) $ 17,487 2) Maintenance of Fixed Assets (001-002-9410-2201) (17,487) $ 1,252,992 317,928 15,323,909 176,284 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia June 18, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Bids to Purchase Mini Van Bid No. 90-5-91 I concur with the recommendation of the bid committee relative to the above subject and recommend it to you for appropriate action. Respectfully Submitted, City Manager cc: City Attorney Director of Finance Roanoke, Virginia June 18, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Bids to Purchase Mini Van Bid No. 90-5-91 I. Background ~X.$~,_~_%9_Q specifications were developed and with request for quotations were sent to eleven (11) vendors currently listed on the City's bid list for vehicles. A public advertisement was also published in the Roanoke Times and World News on May 27, 1990. Bid responses were received after due and proper advertisement. All bids so received were publicly opened and read at 2:00 P.M. June 4, 1990 in the Office of the Manager of General Services. Vehicle requested is one (1) new Four Wheel Drive Mini Van for use by the Economic Development Department. II. Current Situation A. Two (2) bid responses were received. Bid tabulation is attached. All bids received were evaluated in a consistent manner by representatives of General Services and Motor Vehicle Maintenance. Co The lowest bid received, submitted by Magic City Ford meets all required specifications for the amount of ~!_7,487.00. Minx Van Bid No. 90-5-91 Page 2 III. IV. Vo C. Fund availability Alternat ives A. Need Compliance with Specifications Bo ~gunq~ ~gcept the lowest responsible bid as submitted by Magic City Ford for one [1) new Four Wheel Drive Mini Van for the amount of N_e_e~ - Requested vehicle is necessary for the continued support of Economic Development activities; principally tours, site visits, difficult terrain. o Compliance with Specifications - The unit recommended in this alternative meets all required specifications. o Fund availability - Funds are available in 1 General Fund Contingency account 001-002-9410-2201. Reject all Bids Need - Economic Development activities would not be accomplished in the most effective and efficient manner. Compliance with Specifications - would not be a factor in this alternative. 3. .~gn~__~va~_~b~_k~t~y - would not issue. Recommendation A. be an ~o_u_n_~!_~_o_ncu? w___i_~tb__A3~r__na__t~_v~__"~J~ - accept the lowest responsible bid as submitted by Magic City Ford for one (1) new Four Wheel Drive Mini Van and authorize a purchase order in the amount of $17,487.00. Mini Van Bid No. 90-5-91 Page 3 _R_e_ject other Bid Transfer $!7~487.00 from General Fund Contingency account 001-002-9410-2201 to account 001-002-8120-9010. Committee: Respectfully Submitted, Earl B. Reynolds, Jr. Jam~ A. McClung t) D. Darwin Roupe cc: City Attorney Director of Finance 0 0 0 0 ..! 0 June 20, 1990 File #70-472 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30105-61890 accepting the bid of Fire & Safety Equipment Company, Inc., in the total amount of $13,~67.37, for furnishing and delivering nine new breathing air masks and cylinders for use by the Fire Department. Resolu- tion No. 30105-61890 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 18, 1990. "~[~ ~p aS i n c e r e l Y 'F . rke r~4ary , CMC/AAE City Clerk MFP:ra Enc o pc: Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. Rawleigh W. Quarles, Sr., Fire Chief Mr. D. Darwin Roupe, Manager, General Services and Room 456 Municipal Building 215 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2541 June 20, 1990 File #70-4?2 Mr. Richard W. Carson President Fire & Safety Equipment Company, P. 0. Box 939 Concord, Virginia 24538 Inc . Dear Mr. Carson: I am enclosing copy of Resolution No. 30105-61890 accepting the bid of Fire & Safety Equipment Company, Inc., in the total amount of $13,067.37, for furnishing and delivering nine new breathing air masks and cylinders for use by the Fire Department. Resolu- tion No. 30105-61890 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 18, 1990. Sincerely, ~ary F. Parker, CMC/AAE City Clerk MFP:ra Enc. Room 4§6 MuniOpol Building 215 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2541 June 20, 1990 File #70-472 Mr. H. M. Barlow District Manager Mine Safety Appliances Company 36 Great Valley Parkway Malvern, Pennsylvania 19355 Dear Mr. Barlow: I am enclosing copy of Resolution No. 30105-61890 accepting the bid of Fire & Safety Equipment Company, Inc., in the total amount of $13,067.37, for furnishing and delivering nine new breathing air masks and cylinders for use by the Fire Department. Resolu- tion No. 30105-61890 was adopted by'the Council of the City of Roanoke at a regular meeting held on Monday, June 18, 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 equipment. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP : ra Enc. Room 456 Muni¢i~Dal Building 215 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, lhe 18th day of June, 1990, No, 30105-61890. A RESOLUTION accepting the bid of Fire & Safety Equipment Co., Inc., made to the City for furnishing and delivering nine new breathing air masks and cylinders; and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Fire & Safety Equipment Co., Inc., made to the City, offering to supply nine new breathing air masks and cylinders meeting all of the City's specifications and require- ments therefor, for the total bid price of $13,067.37, which bid in on file in the Office of the City Clerk is hereby ACCEPTED. 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase order therefor, incorporating into said order the City's specifica- tions, the terms of said bidder's proposal and the terms and pro- visions of this resolution. 3. Any and all other bids made to the City for the aforesaid procurement are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: City Clerk. Roanoke, Virginia June 18, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: BIDS FOR BREATHING AIR MASKS AND CYLINDERS BID NUMBER 90-5-20 I concur with the recommendation of the Bid Committee relative to the above subject and recommend it to you for appropriate action. WRH/DDR/cw cc: City Attorney Director of Finance Respectfully submitted, W. Robert Herbert City Manager Roanoke, Virginia June 18, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bids for Breathing Air Masks and Cylinders Bid Number 90-5-20 I. Background State of Virginia, Fire Programs Fund, is distributed to localities in the Commonwealth of Virginia, for the purpose of procuring additional fire safety equipment and training. Existing Breathing Air Masks and Cylinders are in old, poor condition, and much heavier than new cylinders. The additional weight contributes to faster fatigue for firefighters. Bid specifications for the breathing air cylinders was developed and specifically sent to three (3) vendors. A public advertisement was also published in the Roanoke Times and World News on May 10, 1990. Bids were received, after due and proper advertisement and were opened and read in the Office of the Manager of General Services, at 2:00 p.m. on May 22, 1990. II. Current Situation TWo (2) bid responses were received. Bid tabulation is attached. Ail bids received were evaluated in a consistent manner by representatives of the Fire Department and General Services. The lowest bid, submitted by Fire and Safety Equipment meets all specification requirements. III. Issues A. Need. B. Compliance with Specifications. C. Fund Availability. IV. Alternatives Accept the lowest responsible bid for 9 new Breathing Air Masks and Cylinders as submitted by Fire and Safety Equipment for the total amount of $13,067.37. Honorable Mayor and City Council Page 2 Need - requested equipment is needed to replace 9 steel, breathing air masks and cylinders used in the fire service. Compliance with specifications - the low bid from Fire and Safety Equipment meets all required specifications. Fund availability - State Fire Programs Grant funds are available in account number 035-050- 3218-2035 to provide for this purchase. B. Reject all bids Need - the replacement of necessary breathing air masks and cylinders would not be accomplished in the most effective and efficient manner. Compliance with specifications - would not be a factor in this alternative. Fund availability - state funds provided for this purpose would not be expended. Recon~uendation Council concur with Alternative "A", accept the lowest responsible bid meeting specifications for 9 new breathing air masks and cylinders as submitted by Fire and Safety Equipment for the total amount of $13,067.37 and reject other bids. Respectfully Submitted, Chairman:~ ~~ George ~. Snead C~ief, Raw'sigh W~. Quarles, Sr. D. Darwin Roupe cc: City Attorney Director of Finance June 20, 1990 File #468B Mr. Donald C. Helwig Vice-President George S. Coyne Chemical Company, 3015 State Road Croydon, Pennsylvania 19020 Inc. Dear Mr. Helwig: I am enclosing copy of Resolution No. 30106-61890 accepting the bid of Prillaman Chemical Corporation for sodium silico fluoride, in 100 pound multi-wall bags, and in lots of 5,000 or 10,000 pounds, per shipment, as when requested, in the amount of $26.40/cwt, for the Sewage Treatment Plant for the period of one year commencing July 1, 1990, and ending June 30, 1991. Resolution No. 30106-61890 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 18, 1990. Sincerely, ~' Mary F. Parker, CMC/AAE City Clerk MFP : ra Enc. Room 456 Municipal Building 215 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2541 June 20, 1990 File #468B Mr. Anthony ~. Besthoff President Faesy & Besthoff, Inc. 143 River Road Edgewater, New Jersey 07020 Dear Mr. Besthoff: I am enclosing copy of Resolution No. 30106-61890 accepting the bid of Prillaman Chemical Corporation for sodium silico fluoride, in 100 pound multi-wall bags, and in lots of 5,000 or 10,000 pounds, per shipment, as when requested, in the amount of $26.40/cwt, for the Sewage Treatment Plant for the period of one year commencing July 1, 1990, ahd ending June 30, 1991. Resolution No. 30106-61890 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 18, 1990. Sincerely, ~/~~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. Room 4.~6 Municipal Building 215 Church Avenue S W Roanoke, Virginia 24011 (703) 981-2541 June 20, 1990 File #468B Mr. Randall Andrews President Alchem, Inc. 8135 Red Road Rockwell, North Carolina 28138 Dear Dear Mr. Andrews: I am enclosing copy of Resolution No. 30106-61890 accepting the bid of General Chemical Corporation for an estimated quantity of 450,000 gallons of liquid alum for the Sewage Treatment Plant for $.353025 per gallon, for the period of one year commencing July 1, 1990, and ending June 30, 1991. Resolution No. 30106-61890 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 18, 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 chemical. Sincerely, ~ Mary F. Parker, C~C/AAE City Clerk MFP:ra Enc. Room 456 Muni¢iDal Building 215 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2541 June 20, 1990 File #468B Mr. Jeffrey G. Taylor Vice-President, Marketing Peridot Chemicals, Inc. P. O. Box 15487 Augusta, Georgia 30919-1487 Dear Dear Mr. Taylor: I am enclosing copy of Resolution No. 30106-61890 accepting the bid of General Chemical Corporation for an estimated quantity of 450,000 gallons of liquid alum for the Sewage Treatment Plant for $.353025 per gallon, for the period of one year commencing July 1, 1990, and ending June 30, 1991. Resolution No. 30106-61890 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 18, 1990. ©n behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described chemical. Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. Room 456 MuniciK)ol Building 215 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2541 June 20, 1990 File #468B American Cyanamid Company P. 0. Box 325 ~ayne, New Jersey 07470 Dear Ladies and Gentlemen: I am enclosing copy of Resolution No. 30106-61890 accepting the bid of General Chemical Corporation for an estimated quantity of 450,000 gallons of liquid alum for the Sewage Treatment Plant for $.353025 per gallon, for the period of one year commencing July 1, 1990, and ending June 30, 1991. Resolution No. 30106-61890 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 18, 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 chemical. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. Room 456 Mumcipai Building 215 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2541 June 20, 1990 File #468B Mr. John D. Hulsey Branch Manager Van ~a~ers & Rogers 3600 West ~endover Greensboro, North Carolina 27407 Dear Mr. Hulsey: I am enclosing copy of Resolution No. 30106-61890 accepting the bids of Jones Chemicals, Inc., for supplying sulfar dioxide, in the amount of $455.00 per ton; Prillaman Chemical Corporation for sodium silico fluoride, in the amoun~ of $26.40/cwt; Prillaman Chemical Corporation for standard g'round alum, in the amount of $234.40 per ton; and Van ~ters & Rogers for 150 pound cylinders of liquia chlorine, in the amount of $43.75/cwt, and 2,000 pound cylinders, in the amount of $20.88/cwt. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bids on the above- described chemicals. Sincerely, ~4ary F. Parker, CMC/AAE City Clerk MFP:ra Enc. Room 456 Municipal Building 215 Church Avenue SW Roanoke. Virginia 240tl (703) 981-2541 June 20, 1990 File #468B Mr. Kenneth H. Donohue Customer Quotations Specialist General Chemical Corporation P. O. Box 395 Parsippany, New Jersey 07054-0395 Dear Mr. Donohue: I am enclosing copy of Resolution No. 30106-61890 accepting the bids of Prillaman Chemical Corporation for standard ground alum, in the amount of $234.40 per ton; and General Chemical Corporation for 450,000 gallons of liquid alum, in the amount of $.353025 per gallon, for the Sewage Treatment Plant for the period of one year commencing July 1, 1990, and ending June 30, 1991. Resolution No. 30106-61890 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 18, 1990. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- aescribed chemicals. Sincerely, / / rffary 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 20, 1990 File #27 Ms. Norma Shelton Sales Representative Prillaman Chemical Corporation P. ©. Box 1606 Suffolk, Virginia 23434-1606 Dear ~s. Shelton: I am enclosing copy of Resolution No. 30196-61890 accepting the bids of Jones Chemicals, Inc., for sulfur dioxide, in the amount of $455°00 per ton; Prillaman Chemical Corporation for standard ground alum, in the amount of $234.40 per ton and sodium silico fluoride, in the amount of $26.40/c~t; Van Waters & Rogers for 150 pound cylinders of liquid chlorine, in the amount of $43.75/cwt and 2,000 pound cylinders, in the amount of $20.88/cwt; and General Chemical Corporation for 450,000 gallons of liquid alum, in the amount of $.353025 per gallon, for the Sewage Treatment Plant for the period of one year commencing July 1, 1990, and ending June 30, 1991. Resolution No. 30106-61890 was adopted by the Council of the City of Roanoke at a regular meetiag held on Monday, June 18, 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 chemicals. Sincerely, /~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. Room 456 Mum¢ipal Building 215 Church Avenue SW Roanoke, Virginia 2~.011 (703) 981-2541 June 20, 1990 File #27 Mr. John D. Benson President Delta Chemical Manufacturing Company 2601 Cannery Avenue Baltimore, Maryland 21226 Dear ~r. Benson: I am enclosing copy of Resolution No. 30106-61890 accepting the bids of Prillaman Chemical Corporation for standard ground alum, in the amount of $234.40 per ton; Van Waters & Rogers for 150 pound cylinders of liquid chlorine, in the amount of $43.75/cwt, and 2,000 pound cylinders, in the amount of $20.88/cwt; and General Chemical Corporation for 450,000 gallons of liquid alum, in the amount of $.353025 per gallon, for the Sewage Treatment Plant for the period of one year co~'~encing July 1, 1990, and ending June 30, 1991. Resolution No. 30106-61890 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 18, 1990. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bids on the above- described chemicals. Sincerely, ? Mary F. Parker, C~4C/AAE City Clerk MFP:ra Eric. Room 456 MuniciDal Building 215 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2541 June 20, 1990 File #27 Mr. Michael A. Croke Regional Operations Manager Jones Chemicals, Inc. P. O. Box 30516 Charlotte, North Carolina 28230 Dear Mr. Croke: I am enclosing copy of Resolution No. 30106-61890 accepting the bids of Jones Chemicals, Inc., for sulfur dioxide, in the amount of $455.00 per ton; and Van ~aters & Rogers for 150 pound cylin- ders of liquid chlorine, in the amount of $43.75/cwt, and 2,000 pound cylinders, in the amount of $20.88/cwt, for the Sewage Treatment Plant for a period of one y~ar commencing July 1, 1990, and ending June 30, 1991. Resolution No. 30106-61890 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 18, 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 chemicals. Sincerely, /~f~ ~.~~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. Room 456 Municipal Building 215 Church Avenue S W Roanoke, Virginia 2401 t (703) 981-254t June 20~ 1990 File #468B Mr. James E. Hiller Account Representative P. B. & S. P. 0. Box 1843 St. Albans, ~est Virginia 25177 Dear Mr. Hiller: I am enclosing copy of Resolution No. 30106-61890 accepting the bid of Jones Chemicals, Inc., for sulfar dioxide, in the amount of $455.00 per ton, for the Sewage Treatment Plant for a period of one year commencing July 1, 1990, and ending June 30, 1991. Resolution No. 30106-61890 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 18, 1990. The abovestated Resolution also accepts the bid of Prillaman Chemical Corporation for standard ground alum, in the amount of $234.40 per ton; and the bids of Van Waters & Rogers for liquid chlorine, in the amount of $43.75 for 150 pound cylinders and $20.88 for 2,000 pound cylinders. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bids on the above- described chemicals. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. Room 4D6 Municipal Building 215 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2541 June 20, 1990 File #468B Mr. John East Sales Representative Southchem, Inc. P. 0. Box 418 Forest, Virginia 24551 Dear ~4r. East: I am enclosing copy of Resolution No. 30106-61890 accepting the bid of Prillaman Chemical Corporation for sodium silico fluoride, in 100 pound multi-wall bags, and in lots of 5,000 or 10,000 pounds, per ship~nent, as when requested, in the amount' of $26.40/cwt; and further accepting th~ bid of Prillaman Chemical Corporation for standard ground alum, in the amount of $234.40 per ton, for the Sewage Treatment Plant for the period of one year commencing July 1, 1990, and ending June 30, 1991. Resolution No. 30106-61890 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 18, 1990. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bids on the above- described chemicals. Sincerely, /~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. Room 456 Municipal Building 215 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 18th day of June, 1990, No, 30106-61890, VIRGINIA, A RESOLUTION accepting certain bids made for providing chemi- cals for water and sewage treatment; rejecting other bids; and providing for an emergency. BE IT RESOLVED by the Council of the City of Roanoke as fol- lows: 1. The following bids made to the City for providing, on a unit price basis, certain chemicals used in water and sewage treat- ment, such bids being in full accord with the City's specifica- tions therefor and each bid being f.o.b, destination and such bids being firm for one year from July 1, 1990, are VENDOR PNODUCr General Chemical Corporation Liquid Alan Van Water and Rogers Liquid Cb_lorine Prillaman Chemical Corporation Jones Chemical, Inc. hereby ACCEPTED: $.353025 per gallon $43.75/cwt for 150 lb. cy li nde rs $20.88/cwt for 2000 lb. cylinders Standard Ground Alton $234.40 per ton Sodium Silico Fluroide $26.40/cwt Suifur Dioxide $455.00 per ton 2. The City's Manager of General Services is hereby autho- rized and directed to issue the requisite purchase orders for such chemicals, such purchase orders to be made and filed in accordance with the City's specifications, the bidders' proposals made therefor and in accordance with this resolution. 3. The other bids received for the supply of the aforesaid items are hereby REJECTED, and the City Clerk is directed to so notify each said bidder and to express to each the City's appre- ciatio~ for such bids. ATTEST: City Clerk. Roanoke, Virginia June 18, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Bids for Water and Sewage Treatment Chemicals for FY '90-'91 I concur in the Bid Committee's recommendation for the purchase of water and sewage treatment chemicals. Respectfully Submitted, City Manager cc: City Attorney Director of Finance Roanoke, Virginia June 18, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council; SUBJECT: Bids for Water and Sewage Treatment Chemicals for FY '90-'91 I. Background Funds are desiqD~ in FY '90-'91 operating budget accounts for Water and Sewage Departments for the purchase of the treatment chemicals identified herein. Bid Request with specifications were sent specifically to twenty-eight (28) firms currently listed on the City's bid list. A public advertisement was also published in the Roanoke Times and World News on May 21, 1990. Bids were received after due and proper advertisement and were publicly opened and read at 2:00 p.m., on June 1, 1990 in the Office of the Manager of General Services. The chemicals being bid are necessary for water and sewage treatment requirements for the period July 1, 1990 to June 30, 1991. II. Current Situation ~ ~Db_ul~tio~ of those bids received are attached. Bo ~l!_hi~. were evaluated by representatives of the following departments: General Services Water Department Sewage Treatment C. Bid evaluation results are as follows: Chemicals Page 2 III. IV. Standard Ground Alum - The lowest bid by Prillaman Chemical Corporation, meets all required specifications. Price is quoted firm for one (1) year. Liquid Chlorine - The lowest total bid combining 150 lb. cylinders and 2,000 lb. cylinders, as submitted by Van Waters and Rogers, meets all required specifications and is firm for the one (1) year period. Sodium Silico Fluoride - The lowest bid submitted by Prillaman Chemical Corporation meets all required specifications and the price is firm for the one (1) year period. Liquid Alum - The lowest bid submitted by General Chemical Corporation meets all required specifications and is firm for the one (1) year period. Sulfur Dioxide - The lowest bid including cylinder deposit submitted by Jones Chemical, Inc., meets all required specifications and is firm for the one (1) year period. A. Need B. _Co_mAi_iD_ri_ce w_i_t_h S]~ecifications C. Fund availability Alternatives Acq~ the lowest responsible bids for supplying to the City of Roanoke the annual requirements for water and sewage treatment chemicals for the period July 1, 1990 to June 30, 1991, as follows: Chemicals Page 3 o Standard Ground Alum - The lowest responsible bid as submitted by Prillaman Chemical Corporation, in the amount of $234.40 to~, price firm for one (1) year. L~id Chlorine - The total lowest bid as submitted by Van Water and Rogers, in the amount of $43.75 cwt for 150 lb. cylinders and $20.88 cwt for 2,000 lb. cylinders, price firm for one (1) year. Sodium Silico Fluoride - The lowest responsible bid as submitted by Prillaman Chemical Corporation, in the amount of $26.40 cwt, price firm for one (1) year. Liquid Alum - The lowest responsible bid as submitted by General Chemical Corporation, in the amount of .35302~5_ Rg~r_gall~, price firm for one (1) year. Sulfur Dioxide - The lowest responsible bid, including consideration for cylinder deposits is submitted by Jones Chemical, Inc., in the amount of ~455.00 p_~o~, price firm for one (1) year. a) Need - Requested chemicals are necessary for the proper treatment of water and sewage. b) Compliance with specifications - The bids recommended by this alternative meets all required specifications. c~ Fund availability - Sufficient funds are budgeted in Water and Sewage Funds for FY '90-'91 to provide for the purchase of necessary treatment chemicals. Chemicals Page 4 B. Reject all bids Need - The necessary treatment of Water and Sewage would not be accomplished with this alternative. Compliance with specifications would not be a factor in this alternative. Fund availability - budgeted funds would not be expended. Recommendation Council concur with Alternative "A" - accept the lowest responsible bids meeting specifications and authorize issuance of purchase orders for water and sewage treatment chemicals for the period July 1, 1990 to June 30, 1991, as follows: Standard Ground Alum - to Prillaman Chemical Corporation for ~234.40 p~ ~o_n. Liqu~.~__~h~rine - to Van Water and Rogers for _$$~.75 per cwt for 150 lb. cylinders and $20.88 per cwt for 2,000 lb. cylinders· Sodium Silico Fluoride - to Prillaman Chemical Corporation, for $26.40 PeK cwt. biquid Alum - to General Chemical Corporation, for $.353025 per gallon. 5. Sulfur Dioxide - to Jones Chemical, Inc. for $455.00 per ton. Chemicals Page § B. Reject all other bids Respectfully Submitted, Committee: Kit B. Kiser D. Darwin Roupe cc: City Attorney Director of Finance 0 0 0 OO O0 0 0 0 0 0 H L~ 0 0 o June 20, 1990 File #60-184 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30107-61890 amending and reordaining certain sections of the 1989-90 General and Internal Service Funds Appropriations, providing for the transfer of fund from non-departmental categories to applicable departmenta, budgets, in connection with payment of termination leave, unemployment compensation, workman's compensation wages and medi- cal expenses. Ordinance No. 30107-61890 was adopted by 'the Council of the City of Roanoke at a regular meeting held on Monday, June 18, 1990. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc, pc: Mr. W. Robert Herbert, City ~anager Mr. George C. Snead, Jr., Director of Administration and Public Safety ~r. Kenneth S. Cronin, Manager, Personnel Management Ms. Arcelia B. Haston, Junior Accountant, Office Management and Budget of Room 456 Municipal Building 215 Church Avenue S W Roanoke, Virginia 24011 (703) 981-2541 AN 1989-90 providing for an emergency. WHEREAS, for the usual daily Government of the City of Roanoke, exist. THEREFORE, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 1990. No. 30107-61890. ORDINANCE to amend and reordain certain sections of General and Internal Service Funds Appropriations, the and operation of the Municipal an emergency is declared to BE IT ORDAINED by the Council of Roanoke that certain sections of the 1989-90 General and Service Funds Appropriations, be, and the same are hereby, and reordained to read as follows, in part: the City of Internal amended General Fun~ Appropriations General Fund (1-123) ............................... $152,825,736 Internal Service Funcl Appropriations Internal Service Fund (124-139) 8,385,285 1) HOSPITALIZATION INSURANCE 2) HOSPITALIZATION INSURANCE 3) HOSPITALIZATION INSURANCE 4) HOSPITALIZATION INSURANCE 5) HOSPITALIZATION INSURANCE 6) TERMINATION LEAVE WAGES 7) HOSPITALIZATION INSURANCE 8) TERMINATION LEAVE WAGES 9) HOSPITALIZATION INSUP~%NCE 10) HOSPITALIZATION INSUP~%NCE 11) WORKMEN'S COM~ WAGES 001-001-1110-1125) 001-001-1120-1125) 001-002-1212-1125) 001-002-8120-1125) 001-003-1220-1125) 001-003-1220-1150) 001-004-1231-1125) 001-004-1231-1150) 001-004-1232-1125) 001-004-9110-1125) 001-004-9110-1135) 2,188 1,789 878 1,120 215 290 7,794 505 5,862 -313,959 -98,080 12 13 14 15 16 17 18 19 20 21 22 23 24) 25) 26) 27) 28) 29) 3O) 31) 32) 33) 34) 35) 36) 37 38 39 4O 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59) 6O) 61) 62) 63) 64) 65) 66) 67) WORKMEN'S COMP MEDICAL UNEMPLOYMENT WAGES TERMINATION LEAVE WAGES HOSPITALIZATION INSURANCE HOSPITALIZATION INSURANCE TERMINATION LEAVE WAGES HOSPITALIZATION INSURANCE HOSPITALIZATION INSURANCE HOSPITALIZATION INSURANCE HOSPITALIZATION INSURANCE WORKMEN'S COMP MEDICAL HOSPITALIZATION INSURANCE WORKMEN' S COMP I~]~-nICAL TERMINATION LEAVE WAGES HOSPITALIZATION INSURANCE TERMINATION LEAVE WAGES HOSPITALIZATION INSURANCE TERMINATION LEAVE WAGES TERMINATION LEAVE WAGES HOSPITALIZATION INSURANCE HOSPITALIZATION INSURANCE HOSPITALIZATION INSURANCE HOSPITALIZATION INSURANCE WORKMEN' S COMP WAGES WORKMEN'S COMP MEDICAL TERMINATION LEAVE WAGES HOSPITALIZATION INSURANCE WORKMEN' S COMP WAGES ' WORKMEN'S COMP ~]%ICAL TERMINATION LEAVE WAGES HOSPITALIZATION INSUI~ANCE WOI~.KMEN' S COMP WAGES WORKMF_~N'S COMP MEDICAL HOSPITALIZATION INSURANCE HOSPITALIZATION INSURANCE HOSPITALIZATION INSURANCE WORKMEN'S COMP ~"~-,,ICAL HOSPITALIZATION INSURANCE WOP. KMEN'S COMP WAGES WORKMEN'S COMP ~"K,~ICAL TERMINATION LEAVE WAGES HOSPITALIZATION INSURANCE HOSPITALIZATION INSURANCE WOP/~MEN'S COMP WAGES WORKMEN'S COMP MEDICAL HOSPITALIZATION INSURANCE HOSPITALIZATION INSURANCE WORKMEN'S CO~P WAGES WORKMEN'S COMP M~-nICAL UNEMPLOYI4ENT WAGES TERMINATION LEAVE WAGES HOSPITALIZATION INSURANCE WORKMEN'S COMP M~nICAL ~LOYMENT WAGES TERMINATION LEAVE WAGES HOSPITALIZATION INSURANCE 001-004-9110-1140) $ 001-004-9110-1145) 001-004-9110-1150) 001-005-1240-1125) 001-010-1310-1125) 001-010-1310-1150) 001-020-1234-1125) 001-022-1233-1125) 001-023-1235-1125) 001-024-2140-1125) 001-024-2140-1140) 001-024-3310-1125) 001-024-3310-1140) 001-024-3310-1150) 001-026-2210-1125) 001-026-2210-1150) 001-028-2111-1125) 1001-028-2111-1150) 001-050-1237-1150) 001-050-1260-1125) 001-050-1261-1125) 001-050-3111-1125) 001-050-3112-1125) 001-050-3112-1135) 001-050-3112-1140) 001-050-3112-1150) 001-050-3113-1125) 001-050-3113-1135) 001-050-3113-1140) 001-050-3113-1150) 001-050-3114-1125) 001-050-3114-1135) 001-050-3114-1140) 001-050-3115-1125) 001-050-3211-1125) 001-050-3212-1125) 001-050-3212-1140) 001-050-3213-1125) 001-050-3213-1135) 001-050-3213-1140) 001-050-3213-1150) 001-050-3214-1125) 001-050-3521-1125) 001-050-3521-1135) 001-050-3521-1140) 001-050-3530-1125) 001-050-4340-1125) 001-050-4340-1135) 001-050-4340-1140) 001-050-4340-1145) 001-050-4340-1150) 001-050-7110-1125) 001-050-7110-1140) 001-050-7110-1145) 001-050-7110-1150) 001-052-1280-1125) -225,949 -23,678 -93,155 1,120 363 3,761 3,802 3,043 2,240 6,496 2,627 22,319 14,130 7,708 3,203 1,871 3,976 378 529 448 976 363 23,454 19,047 3,262 1,278- 43,045 9,117 70,653 10,963 1,854 1,971 324 672 1,255 1,344 865 54,587 19,304 65,627 9,605 512 3,045 2,047 4,821 1,166 21,175 5,838 22,309 15,368 3,378 2,543 232 6O8 4,750 448 68 69 70 71 72 73 74 75 76 77) 78) 79) 8O) 81) 82) 83) 84) 85) 86) 87) 88) 89) 9O 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105) 106) 107) 108) 109) 110) 111) 112) 113) 114) 115) 116) 117) 118) 119) 120) 121) 122) 123) HOSPITALIZATION INSURANCE WORKMEN'S COMP WAGES WORKMEN'S COMP M~nICAL TERMINATION LEAVE WAGES HOSPITALIZATION INSURANCE WORKMEN'S COMP WAGES WORKMEN'S COMP MEDICAL TERMINATION LEAVE WAGES HOSPITALIZATION INSURANCE WORKMEN'S COMP MEDICAL TERMINATION LEAVE WAGES HOSPITALIZATION INSURANCE WORKMEN'S COMP MEDICAL HOSPITALIZATION INSURANCE WORKMEN'S COMP WAGES WORKMEN'S COMP MEDICAL TERMINATION LEAVE WAGES HOSPITALIZATION INSURANCE TERMINATION LEAVE WAGES HOSPITALIZATION INSURANCE TERMINATION LEAVE WAGES HOSPITALIZATION INSURANCE WORKMEN'S COMP WAGES WOI~KMEN'S COMP MEDICAL TERMINATION LEAVE WAGES HOSPITALIZATION INSURANCE UNEMPLOYMENT WAGES HOSPITALIZATION INSURANCE HOSPITALIZATION INSURANCE WOP/~MEN'S COMP WAGES WORKME'S COMP MEDICAL TERMINATION LEAVE WAGES HOSPITALIZATION INSURANCE WORKMEN'S COMP WAGES WORKMEN'S COMP MEDICAL HOSPITALIZATION INSURANCE TERMINATION LEAVE WAGES HOSPITALIZATION INSURANCE TERMINATION LEAVE WAGES HOSPITALIZATION INSURANCE TERMINATION LEAVE WAGE$ HOSPITALIZATION INSURANCE UNEMPLOYMENT WAGES TERMINATION LEAVE WAGES HOSPITALIZATION INSURANCE WORKMEN'S COMP M~-nICAL TEP/~INATION LEAVE WAGES HOSPITALIZATION INSURANCE HOSPITALIZATION INSURANCE WORKMEN'S COMP WAGES WORKMEN'S COMP MEDICAL TF~tMINATION LEAVE WAGES HOSPITALIZATION INSURANCE TERMINATION LEAVE WAGES HOSPITALIZATION INSURANCE HOSPITALIZATION INSURANCE 001-052-3410-1125 001-052-3410-1135 001-052-3410-1140 001-052-3410-1150 001-052-4110-1125 001-052-4110-1135 001-052-4110-1140 001-052-4110-1150 001-052-4130-1125 001-052-4130-1140 001-052-4130-1150 001-052-4160-1125) 001-052-4160-1140) 001-052-4210-1125) 001-052-4210-1135) 001-052-4210-1140) 001-052-4210-1150) 001-052-4220-1125) 001-052-4220-1150) 001-052-4310-1125) 001-052-4310-1150) 001-052-4330-1125) 001-052-4330-1135) 001-052-4330-1140) 001-052-4330-1150) 001-052-8110-1125) 001-052-8110-1145) 001-054-1270-1125) 001-054-3320-1125) 001-~54-3320-1135) 001-054-3320-1140) 001-054-3320-1150) 001-054-3330-1125) 001-054-3330-1135) 001-054-3330-1140) 001-054-3350-1125) 001-054-3350-1150) 001-054-3360-1125) 001-054-3360-1150) 001-054-5311-1125) 001-054-5311-1150) 001-054-5313-1125) 001-054-5313-1145) 001-054-5313-1150) 001-054-5314-1125) 001-054-5314-1140) 001-054-5314-1150) 001-054-5316-1125) 001-054-5340-1125) 001-054-5340-1135) 001-054-5340-1140) 001-054-5340-1150) 001-054-7310-1125) 001-054-7310-1150) 001-056-1250-1125) 001-072-2110-1125) 2,222 1,014 1,049 583 12,154 4,357 1,471 4,563 10,235 2,011 1,075 1,709 453 18,548 992 10,920 2,921 5,998 7,879 5,135 3,261 9,843 4,610 11,647 2,767 726 3,612 448 1,936 5,495 6,878 1,487 672 519 585 968 511 1,723 3,329 1,452 499 11,613 4,090 3,583 11,149 2,224 10,256 726 8,508 1,509 3,861 3,301 6,106 2,124 448 605 124) HOSPITALIZATION INSURANCE 125) WORKMENtS COMP WAGES 126) WORKMENtS COMP M~DICAL 127) TERMINATION LEAVE WAGES 128) CONTINGENCY 129) HOSPITALIZATION INSURANCE 130) HOSPITALIZATION INSURANCE 131) TERMINATION LEAVE WAGES 132) HOSPITALIZATION INSURANCE 133) WO~tS COMP WAGES 134) WORKMEN~S COMP MEDICAL 135) HOSPITALIZATION INSURANCE 136) WORKMEN'S COMP WAGES 137) WORKMEN'S COMP ~nICAL 138) UNEMPLOYMENT WAGES 139) TERMINATION LEAVE WAGES 006-002-1617-1125) 006-004-9111-1135) 006-004-9111-1140) 006-004-9111-1150) 006-004-9111-2199) 006-050-1601-1125) 006-050-1613-1125) 006-050-1613-1150) 006-052-2641-1125) 006-052-2641-1135) 006-052-2641-1140) 006-056-2625-1125) 006-056-2625-1135) 006-056-2625-1140) 006-056-2625-1145) 006-056-2625-1150) 484 -10,000 '-10,000 -15,000 -18,221 2,243 1,697 3,120 12,254 1,603 4,454 11,604 1,625 6,010 1,565 6,562 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. A%-rKST: this CITY CLERK. June 18, 1990 FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Transfer of Appropriations for Fringe Benefits The fiscal year 1989-90 General Fund and Internal Service Fund budgets included funds in the non-departmental category for payment of termination leave, unemployment compensation, and workman's compensation wages and medical expenses. In addition, funds non-departmental category to cover hospitalization insurance that became These types of fringe benefits non-departmental category because were budgeted in the the rate increase for effective January 1, 1990. are budgeted in the annual charges to each costs of department are difficult to accurately project. The actual are charged to the applicable department in anticipation periodic budget transfers to cover these costs. The attached budget ordinance transfers funds from non-departmental category to applicable departmental budgets. summary of the total transfers is as follows: the A Unemployment Compensation Workman's Compensation Wages Workman's Compensation Medical Termination Leave Pay Hospitalization Insurance' General Fund Internal Service Fund $ 23,678 $ 1,565 75,820 3,228 225,949 10,464 93,155 9,682 336~219 28,282 Total $754,821 $53,221 Honorable Mayor and Members of City Council Page 2 June 18, 1990 I recommend the attached ordinance for your approval. JMS/kp Attachment June 20, 1990 File #24A-20 ~r. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30108-61890 amending and reordaining the Code of the City of Roanoke (1979), as amended, by adding a new subsection (15) of §20-65, Parking prohibited in specified places, to prohibit parking in places where there has been oral or written notice that parking is prohibited and to amend subsections (b) (1) and (3) of §20-89, Penalties for unlawful parking, to provide a penalty for violations of such prohibition. Ordinance No. 30108~61890 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 18, 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 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 Room 456 Municipal Building 215 Church Avenue SW Roanoke~ Virginia 24011 (703) 981-2841 Mr. W. Robert June 20, 1990 Page 2 Herbert 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 $. Caldwell, Commonwealth's Attorney Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Mr. Ronald Albright, Clerk, General District Court The Honorable Gordon E. Peters, City Treasurer Hr. ~ilburn C. Oibling, Jr., City Attorney Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virgini~a 24011 Mr. Bobby D. Casey, Office of the Magistrate, P. 0. Box 13867, Roanoke, Virginia 24037 Ns. Clayne M. Calhoun, Law Librarian Mr. Robert L. Laslie, Vice President - Supplements, Municipal Code Corporation, P. 0. Box 2235, Tallahassee, Florida 32304 Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. M. David Hooper, Chief of Police Mr. Joel M. Schlanger, Director of Finance Ms. Deborah J. Moses, Chief of Billings and Collections IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The l8th day of June, 1990. No. 30/08-61890. AN ORDINANCE amending and reordaining the Code of the City of Roanoke (1979), as amended, by adding a new subsection (15) of §20-85, Parking prohibited in specified places, to prohibit parking in places where there has been oral or written notice that parking is prohibited and to amend subsections (b)(1) and (3) of S20-89, Penalties for unlawful parking, to provide a penalty for violations of such prohibition; 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 amended, is hereby amended and reordained by the addition of the following new subsection: S20-65. parking prohibited in specified places. (15) On or in any parking facility, parking lot or other area designed for parking, public or private, where parking, standing or stopping is prohibited and official signs or other markers to that effect have been erected or installed and are clearly visible to an ordinarily obser- vant person, or where oral notice to the same effect has been given. 2. Subsections (b)(1) and (b)(3) of ~20-89, Penalties for Unlawful parking, are hereby amended and reordained to read and provide as follows: ~20-89. Penalties for unlawful parking. (b)(1) A penalty of five dollars ($5.00) may be paid for a violation of §20-65 (except subsections (4) and (15) thereof), 20-66, 20-67, 20-68, 20-69, 20-70, 20-71, 20-72, 20-73, 20-75, 20-79, 20-80 or 20-81, if paid within ten (10) days of the issuance by an officer of a notice of a violation thereof; if paid thereafter, the penalty shall be fifteen dollars ($15.00). If not paid within ten (10) days, a notice pursuant to section 46.2-941, Code of Virginia, shall be sent by the city's office of billings and collections to the violator. Any violator to whom such notice is sent may pay such penalty of fifteen dollars ($15.00) within five (5) days of receipt of such notice. (b)(3) A penalty of twenty-five dollars ($25.00) may be paid for a violation of section 20-76 or section 20-65(15) if paid within ten (10) days of the issue by an officer of a notice of a violation thereof; if paid thereafter, the penalty shall be thirty-five dollars ($35.00). If not paid within ten (10) days, a notice pursuant to section 46.2-941, Code of Virginia, shall be sent by the city's office of billings and collections to the violator. Any violator to whom such notice is sent may pay such penalty of thirty-five dollars ($35.00),within five (5) days of notice of such receipt. 3. 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. June 20, 1990 File #60-318 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30109-61890 amending and reordaining certain sections of the 1990-91 General Fund Appropriations, providing for appropriation of $285,000.00 in connection with recommendations of the Citizens' Services Committee for funding of qualified agencies. Ordinance No. 30109-61890 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 18, 1990. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc, pC: Mr. W. Robert Herbert, City Manager Mr. James D. Ritchie, Director of Human Resources Ms. Arcelia B. Hasten, Junior Accountant, Management and Budget Office of Room 456 Municipal Building 215 Church Avenue SW Roanoke, Virginia 24011 (703) 984-2§41 WILBURN C. DIBLING, JR. CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING ROANOKE, VIRGINIA 24011-1595 June 18, 1990 WILLIAM X PARSONS MARK ALLAN WILLIAMS KATHLEEN MARIE KRONAU STEVEN J. TALEVI A $$1STANT CITY A~rORNEY$ The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Vehicular trespass ordinance Dear Mrs. Bowles and Gentlemen: Several merchants in the Williamson Road area of the City have experienced problems with persons who park their automobiles on the merchants' parking lots after normal business hours. The merchants have tried to eliminate this intrusion and inconvenience by posting signs which prohibit parking when the businesses are closed. Currently, our City Code provides a five dollar ($5.00) penalty for persons who park in areas which have been posted with "No Parking" signs. Unfortunately, this penalty has not served as an effective deterrent. From time to time, the police have tried to enforce the prohibi- tion against parking by charging the individuals with trespassing. Both the State Code and the City Code provide criminal penalties for persons who trespass on the property of others. See §18.2-119, Code of Virginia (1950), as amended, and ~21-32, Code of the City of Roanoke (1979), as amended. Violation of either statute is punishable as a Class I misdemeanor, the maximum penalty for which is confinement in jail for not more than twelve (12) months and a fine of not more than one thousand dollars ($1,000), or some combination thereof. See ~18.2-11, Code of Virginia. The courts, however, have been very reluctant to convict first-time offenders of trespassing in these cases unless the persons have also been guilty of other misconduct, such as being intoxicated in public or refusing to vacate the premises when directed to do so by the police officers. I believe that this problem can be more effectively handled by amending the City Code. The attached ordinance would amend the Code by specifically prohibiting parking, standing or stopping in a parking lot, parking facility or other area designed for parking which has been posted by clearly visible signs or markers or where oral notice Honorable Mayor and Members of City Council June 18, 1990 Page 2 has been given. This ordinance would apply to public or private parking facilities. Instead of a five dollar ($5.00) fine, a penalty of twenty-five dollars ($25.00) would be authorized. The fine could be paid within ten (10) days, and if not paid within that period, the penalty would be increased to thirty-five dollars ($35.00). The Commonwealth's Attorney has worked closely with this Office in researching the legal issues involved and in preparing the attached ordinance. Both the Commonwealth's Attorney and the Chief of Police recommend the ordinance to Council. I will be pleased to respond to any questions you may have about this matter. With kindest personal regards, I am Sincerely yours City Attorney WCDj/WXP:ps Enclosure cc: W. Robert Herbert, City Manager Donald S. Caldwell, Commonwealth's Attorney George C. Snead, Jr., Director, Administration and Public Safety M. David Hooper, Chief of Police Mary F. Parker, City Clerk June 20, 1990 File #318 Mr. Joel M. Schlanger Mr. James D. Ritchie, Chairman Director of Finance Citizens' Services Committee Roanoke, Virginia Roanoke, Virginia Gentlemen: I am attaching copy of Resolution No. 30110-61890 concurring in the recommendations of the Citizens' Services Committee for allo- cation of City funds to various agencies for fiscal year 1990-91, in the amount of $285,000.00. Resolution No. 30110-61890 ~s adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 18, 1990. Mary F. Parker, CMC/AAE City Clerk ,~FP:ra Enc. pc: Mr. W. Robert Herbert, City Manager Room 456 Municil~al Building 215 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 18th day of June, 1990, No, 3~1/0.61890, VIRGINIA, A RESOLUTION concurring in the recommendation of the Citizens' Services Committee for allocation of City funds to various agen- cies. WHEREAS, the Fiscal Year 1990-91 budget approved by City Council for the Citizens' Services Committee provides for funding in the amount of $285,000.00; and WHEREAS, performance audits are to be conducted for each agency receiving funds through the Committee to evaluate the effectiveness and efficiency of funded programs; and WHEREAS, in order to obtain an allocation for such funds, it was necessary for agencies to file applications with the City administration; and WHEREAS, 28 requests for City funds in the total amount of $701,327.25 were received by the Citizens' Services Committee from various agencies. BE IT RESOLVED by the Council of the City of Roanoke that this Council concurs in the recommendations of the Citizens' Services Committee as to the allocation for funding to various agencies as more particularly set forth in the attachment to the Committee Report submitted to this Council dated June 18, 1990. BE IT FURTHER RESOLVED that the Chairman of the Citizens' Services Committee and the Director of Finance are authorized to release funds to any agency, provided that objectives, activi- ties, and other reassurances have been submitted and accepted. ATTEST: City Clerk. June 20, 1990 File #60-318 Ms. Betty Burris Adult Care Center 2707 Williamson Road, N. E. Roanoke, Virginia 24012 Dear Ms. Burris: A report of the Citizens' Services Committee transmitting recommendations for funding of certain qualified agencies for fiscal year 1990-91, was before the Council of the City of Roanoke at a regular meeting which was held on ~onday, June 18 1990. ' On motion, duly seconded and unanimously adopted, Council concurred in the recommendations of the Citizens' Services Committee and allotted $4,150.00 to the Adult Care Center for fiscal year 1990-91. MFP:ra Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk Room 456 Municipal Building 215 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2541 June 20, 1990 File #60-318 Ms. Susan J. Cole The Arts Council of the Roanoke Valley 20 East Church Avenue Roanoke, Virginia 24011 Dear Ms. Cole: A report of the Citizens' Services Committee transmitting recommendations for funding of certain qualified agencies for fiscal year 1990-91, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, June 18, 1990. Gn motion, duly seconded and unanimously adopted, Council concurred in the recommendations of the Citizens' Services Committee and allotted $3,600.00 to the Arts Council of the Roanoke Valley for fiscal year 1990-91. MFP:ra Sincerely, ~_~ ~4ary F. Pa rker, CMC/AAE City Clerk Room 456 Municipal Building 215 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2541 June 20, 1990 File #60-318 Mr. Wayne Davis Big Brothers/Big Sisters of Roanoke Valley 112-A West Kirk Avenue Roanoke, Virginia 24011 Dear Mr. Davis: A report of the Citizens' Services Committee transmitting recommendations for funding of certain qualified agencies for fiscal year 1990-91, was before the Council of the City of Roanoke at a regular meeting which was held on ~onday, June 18, 1990. On motion, duly seconded and unanimously adopted, Council concurred in the recommendations of the Citizens' Services Committee and allotted $4,500.00 to Big Brothers/Big Sisters of Roanoke Valley for fiscal year 1990-91. Sincerely, / Mary F. Parker, CMC/AAE City Clerk MFP:ra Room 456 Municipal Buildincj 215 Church Avenue S W Roanoke, Virginia 24011 (703) 981-2541 June 20, 1990 File #60-318 Ms. Kathy Fralin Child Abuse Prevention Council of Roanoke Valley 325 Campbell Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Fralin: A report of the Citizens~ Services Committee transmitting recommendations for funding of certain qualified agencies for fiscal year 1990-91, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, June 18, 1990. On motion, duly seconded and unanimously adopted, concurred in the recommendations of the Citizens' Committee and allotted $2,700.00 to the Child Abuse Council of Roanoke Valley for fiscal year 1990-91. Mary F. Parker, CMC/AAE City Clerk MFP:ra Council Services Prevention Room 4§6 MuniciDal Building 215 Church Avenue S W Roanoke, Virginia 24011 (703) 981-2541 June 20, 1990 File #60-318 Ms. Kathleen Ross Community Organization for Research and Development, Inc. 401 First Street, N. ~. Roanoke, Virginia 24016 Dear Ms. Ross: A report of the Citizens' Services Committee transmitting recommendations for funding of certain qualified agencies for fiscal year 1990-91, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, June 18, 1990. On motion, duly seconded and unanimously adopted, Council concurred in the recommendations of the Citizens' Services Committee and allotted $1,900.00 to the Community Organization for Research and Development, Inc. for fiscal year 1990-91. Sincerely, ~j~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Room 456 Municipal Building 215 Church Avenue S W Roanoke, Virginia 24011 (703) 981-2541 June 26, 1990 File #60-318 Mr. John F. Pendarvis, Director Family Service of Roanoke Valley P. 0. Box 6600 Roanoke, Virginia 24017 Dear Mr. Pendarvis: A report of the Citizens' Services Committee transmitting recommendations for funding of certain qualified agencies for fiscal year 1990-91, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, June 18, 1990. ©n motion, duly seconded and unanimously adopted, Council concurred in the recommendations of the Citizens' Services Committee and allotted $36,500.00 to Family Service of Roanoke Valley for fiscal year 1990-91. Sincerely, Mary F. ParRot, CMC/AAE City Clerk MFP:ra Room 456 Municipal Building 215 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2541 June 20, 1990 File #60-318 Ms. Estelle K. Nichols Bradley Free Clinic of Roanoke Valley, Inc. 1240 Third Street, S. Roanoke, Virginia 24016 Dear Ms. Nichols: A report of the Citizens' Services Cormnittee transmitting recommendations for funding of certain qualified agencies for fiscal year 1990-91, was before the Council of the City of Roanoke at a regular meeting which was held on ~onday, June 18, 1990. On motion, duly seconded and unanimously adopted, Council concurred in the recommendations of the Citizens' Services Committee and allotted $18,100.00 So the Bradley Free Clinic of Roanoke Valley, Inc. for fiscal year 1990-91. Mary F. Parker, CMC/AAE City Clerk MFP:ra Room 456 Mun~cilDol Building 215 Church Avenue S W Roanoke, Virginia 240'~ 1 (703) 981-2541 June 20, 1990 File #60-318 Ms. Susan Williams League of Older Americans P. 0. Box 14205 Roanoke, Virginia 24038 Dear ~s. Williams: A report of the Citizens' Services Committee transmitting recommendations for funding of certain qualified agencies for fiscal year 1990-91, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, June 18, 1990. On motion, duly seconded and unanimously adopted, Council concurred in the recommendations of the Citizens' Services Committee and allotted $25,000.00 to the League of Older Americans for fiscal year 1990-91. ~FP:ra Sincerely, I~ Mary F. Parker, CMC/AAE City Clerk Room 456 Municipal Building 215 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2541 June 20, 1990 File #60-318 Ms. Judy Mitchell Director of Marketing and Development Mill Mountain Theatre One Market Square Roanoke, Virginia 24011 Dear Ms. Mitchell: A report of the Citizens' Services Committee transmitting recorr~endations for funding of certain qualified agencies for fiscal year 1990-91, was before the Council of the City of Roanoke at a regular meeting which was held on ,~onday, June 18~ 1990. On motion, duly seconded and unanimously adopted, Council concurred in the recommendations of the Citizens' Services Committee and allotted $1,000.00 to the Mill Mountain Theatre for fiscal year 1990-91. MFP:ra Sincerely, ~~ Mary F. Pa rke r, CMC/AAE City Clerk Room 456 Municipal Buil~Jing 21§ Church Avenue S W Roanoke~ Virginia 240t 1 (703) 981~2541 June 20, 1990 File #60-318 Ms. Fay Painter National Multiple Sclerosis Society P. 0. Box 6808 Charlottesville, Virginia 22906 Dear Ms. Painter: A report of the Citizens' Services Co~ittee transmitting recommendations for funding of certain qualified agencies for fiscal year 1990-91, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, June 18, 1990. On motion, duly seconded and unanimously adopted, Council concurred in the recommendations of the Citizens' Services Committee and allotted $1,400.0~ to the National Multiple Sclerosis Society for fiscal year 1990-91. Sincerely, ~~_~_ Mary F. Parker, C~4C/AAE City Clerk MFP : r a Room 456 Municipal Building 215 Church Avenue S W Roanoke. Virginia 24011 (703) 981-254t June 20, 1990 File #60-318 Ms. Eunice Campbell Northwest Child Development Center 1523 Melrose Avenue, N. ~. Roanoke, Virginia 24017 Dear Ms. Campbell: A report of the Citizens' Services Committee transmitting recommendations for funding of certain qualified agencies for fiscal year 1990-91, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, June 18, 1990. ©n motion, duly seconded and unanimously adopted, Council concurred in the recommendations of the Citizens' Services Committee and allotted $13,000.00 to the Northwest Child Development Center for fiscal year 1990-91. Sincerely, /g Mary F. Parker, CMC/AAE City Clerk MFP:ra Room 456 Municipal Building 21§ Church Avenue SW Roanoke, Virginia 24011 (703) 981-2541 June 20, 1990 File #60-318 Ms. Margarite Fourcroy Roanoke Symphony Society, P. 0. Box 2433 Roanoke, Virginia 24010 Inc. Dear Ms. Fourcroy: A report of the Citizens' Services Committee transmitting recommendations for funding of certain qualified agencies for fiscal year 1990-91, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, June 18, 1990. On motion, duly seconded and unanimously adopted, Council concurred in the recommendations of the Citizens' Services Committee and allotted $5,000.00 to the Roanoke Symphony Society, Inc. for fiscal year 1990-91. MFP : ra Sincerely, ~.~.~. Mary F. Parker, CMC/AAE City Clerk Room 456 MunicilD(ll Building 215 Church Avenue SW Roanoke, Virginia 24011 (703) 98t-2541 June 20, 1990 File #60-318 Mr. Stu Israel TRUST 360 ~ashington Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Israel: A report of the Citizens' Services Committee transmitting recommendations for funding of certain qualified agencies for fiscal year 1990-91, ~s before the Council of the City of Roanoke at a regular meeting which was held on Monday, June 18, 1990. On motion, duly seconded and unanimously adopted, Council concurred in the recommendations of the Citizens~ Services Committee and allotted $7,000.00 to TRUST for fiscal year 1990-91. MFP:ra Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk Room 456 Municipal Building 215 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2541 June 20, 1990 File #60-318 Mr. Curtis Andrews RADAR 306 Sixth Street, S. ~. Roanoke, Virginia 24016 Dear Mr. Andrews: A report of the Citizens' Services Committee transmitting recommendations for funding of certain qualified agencies for fiscal year 1990-91, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, June 18, 1990. On motion, duly seconded and unanimously adopted, Council concurred in the reco~endations of the Citizens' Services Committee and allotted $23,000.00 to RADAR for fiscal year 1990-91. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Room 456 Municipal Building 215 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2541 June 20, 1990 File #60-318 Ms. Katheryn Hale ~st End Community Center P. 0. Box 4562 Roanoke, Virqinia 24015 Dear ~s. Hale: A report of the Citizens' Services Committee transmitting recommendations for funding of certain qualified agencies for fiscal year 1990-91, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, June 18, 1990. On motion, duly seconded and unanimously adopted, Council concurred in the reco~endations of the Citizens' Services Committee and allotted $3,502.00 to the West End Community Center for fiscal year 1990-91. Sincerely, ~/~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Room 456 Muni¢iDa~ Building 215 Church Avenue S W Roanoke, Virginia 240t 1 (703) 981-2541 June 20, 1990 File #60-318 Dr. Ruth S. Appelhof Executive Director Roanoke Museum of Fine Arts One Market Square Roanoke, Virginia 24011 Dear Dr. Appelhof: A report of the Citizens' Services Committee transmitting recommendations for funding of certain qualified agencies for fiscal year 1990-91, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, June' 18, 1990. On motion, duly seconded and unanimously adopted, Council concurred in the recoramendations of the Citizens' Services Committee and allotted $500.00 to the Roanoke Museum of Fine Arts for fiscal year 1990-91. Sincerely, ~~ Mary F. Parker, C~C/AAE City Clerk MFP:ra Room 486 Municipal Building 215 Church Avenue S W Roanoke, Virginia 24011 (703) 981-2541 June 20, 1990 File #60-318 Mr. Richard Dickson ARC/CHD Industries P. O. Box 6157 Roanoke, Virginia 24017 Dear Mr. Dickson: A report of the Citizens' Services Committee transmitting recommendations for funding of certain qualified agencies for fiscal year 1990-91, was before the Council of the City of Roanoke at a regular meeting which ~s held on Monday, June 18, 1990. ©n motion, duly seconded and unanimously adopted, Council concurred in the recommendations of the Citizens' Services Committee and allotted $30,250.00 to ARC/CHD Industries for fiscal year 1990-91. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP : ra Room 456 Muni¢iDcil Building 215 Church Avenue S W Roanoke, Virginia 24011 (703) 98~-2541 June 20, 1990 File #60-318 ~r. Raleigh Campbell Information and Referral Council of Community Services P. 0. Box 598 Roanoke, Virginia 24004 Dear Mr. Campbell: A report of the Citizens' Services Committee transmitting recommendations for funding of certain qualified agencies for fiscal year 1990-91, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, June 18, 1990. On motion, duly seconded and unanimously adopted, Council concurred in the recommendations of the Citizens' Services Committee and allotted $5,500.00 to the Information and Referral, Council of Community Services for fiscal year 1990-91. Sincerely, ~tk~.~ Mary F. Parker, CMC/AAE City Clerk ~FP:ra Room 456 Municipal Building 215 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2541 June 20, 1990 File #60-318 Ur. John Wade Tinker Mountain Industries P. O. Box 458 Troutville, Virginia 24175 Dear Mr. Wade: A report of the Citizens' Services Committee transmitting recommendations for funding of certain qualified agencies for fiscal year 1990-91, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, June 18, 1990. On motion, duly seconded and unanimously adopted, Council concurred in the recommendations of the Citizens' Services Committee and allotted $22,600.00 to Tinker ~ountain Industries for fiscal year 1990-91. MFP:ra Sincerely, ~4ary F. Parker, CMC/AAE City Clerk Room 456 Municipal Building 21.5 Church Avenue S W Roanoke, Virginia 24011 (703) 981-2541 June 20, 1990 File #60-318 Ms. Dorothy ~. ~cCorkle Vice-President Conflict Resolution Center, Inc. 3215 Allendale Street, S. W. Roanoke, Virginia 24014 Dear Ms. McCorkle: A report of the Citizens' Services Committee transmitting recommendations for funding of certain qualified agencies for fiscal year 1990-91, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, June 18, 1990. On motion, duly seconded and unanimously adopted, concurred in the recommendations of the Citizens' Committee and allotted $2,700.00 to the Conflict Center, Inc. for fiscal year 1990-91. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Council Services Resolution Room 456 Municipal Building 215 Church Avenue SW Roanoke, Virginia 24011 (703) 98t-2541 June 20, 1990 File #60-318 Mr. Richard Hawkins Roanoke Valley Speech and Hearing Center 2030 Colonial Avenue, S. W. Roanoke, Virginia 24015 Dear Mr. Hawkins: A report of the Citizens' Services Committee transmitting recommendations for funding of certain qualified agencies for fiscal year 1990-91, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, June 18, 1990. On motion, duly seconded and unanimously adopted, Council concurred in the recommendations of the Citizens' Services Committee and allotted $2,300.00 to Roanoke Valley Speech and Hearing Center for fiscal year 1990-91. Sincerely, ~4ary F. Parker, CMC/AAE City Clerk MFP:ra Room 456 Municipal Building 215 Church Avenue S W Roanoke, Virginia 24011 (703) 981-2541 June 20, 1990 File #60-318 Mr. Gary Lautenschlager Western Virginia Emergency Medical Services Council P. ©. Box 926 Salem, Virginia 24153 Dear Mr. Lautenschlager: A report of the Citizens' Services Committee transmitting recommendations for funding of certain qualified agencies for fiscal year 1990-91, was before the Council of the City of Roanoke at a regular meeting which was held on ~onday, June 18, 1990. On motion, duly seconded and unanimously adopted, Council concurred in the recommendations of the Citizens' Services Committee and allotted $6,448.00 to the ~stern Virginia Emergency Medical Services Council for fiscal year 1990-91. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Room 456 Municipcll Building 215 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2541 June 20, 1990 File #60-318 Mr. Roger Dalton Executive Director Roanoke Area Ministries 824 Campbell Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Dalton: A report of the Citizens' Services Committee transmitting recommendations for funding of certain qualified agencies for fiscal year 1990-91, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, June 18, 1990. On motion, duly seconded and unanimously adopted, Council concurred in the recommendations of the Citizens' Services Committee and allotted $26,300.00 to Roanoke Area Ministries for fiscal year 1990-91. Mary F. Parker, CMC/AAE City Clerk MFP : ra Room 456 Municipal Building 2t5 Church Avenue S.W Roanoke, Virginia 24011 (703) 98t-2541 June 20, 1990 File #60-318 Mr. Joseph Gaither Inner City Athletic Association 3762 Red Fox Drive, N. W. Roanoke, Virginia 24017 Dear Mr. Gaither: A report of the Citizens' Services Committee transmitting recom- mendations for funding of certain qualified agencies for fiscal year 1990-91, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, June 18, 1990. ©n motion, auly seconded and unanimously adopted, Council Con- curred in the recommendations of the Citizens' Services Committee and allotted $1,850.00 (funding through CORD) to the Inner City Athletic Association for fiscal year 1990-91. Mary F. Parker, CMC/AAE City Clerk ~FP:ra Room 456 Municipal Building 21§ Church Avenue S.W Roanoke, Virginia 24011 (703) 981-2541 IN '£-~ COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June. 1990. No. 30109-61890. AN ORDINANCE to amend and reordain certain sections the 1990-91 General Fund Appropriations, and providing for emergency. WHEREAS, for Government of the exist. of the usual daily operation of the Municipal City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Director of Human Resources (1) ..................... $158,887 Citizens Services Committee (2-26) .................. 248,800 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) Fees for Prof. Services Assoc. for Retarded Citizens Adult Care Center Roanoke Valley Arts Council Big Brothers Free Clinic Child Abuse and Neglect CO~D (001-054-1270-2010) (001-054-5220-3726) (001-054-5220-3746) (001-054-5220-3737) (001-054-5220-3729) (001-054-5220-3721) (001-054-5220-3730) (001-054-5220-3731) Inner City Athletic Association (001-054-5220-3744) Conflict Resolut. Center, Inc. Family Service Protective Srvc. Information and Referral League of Older Americans (001-054-5220-3748) (001-054-5220-3720) (001-054-5220-3732) (001-054-5220-3722) $ 36,200 30,250 4,150 3,600 4,500 18,100 2,700 1900 1 850 2700 36,500 5,500 25~000 14) Mill Mountain Theatre 15) Blue Ridge MS 16) NW Child Develop. 17) Roanoke Area Min. 18) Roanoke Museum of Fine Art 19) Roanoke Symphony Society 20) Roanoke Valley Speech & Hearing 21) Tinker Mountain Industries 22) TRUST 23) ]~ 24) West End Community Center 25) Western VA Emerg. Medical Services 26) Subsidies (001-054-5220-3749) $ 1,000 (001-054-5220-3733) 1,400 (001-054-5220-3734) 13,000 (001-054-5220-3723) 26,300 (001-054-5220-3750) (001-054-5220-3736) 5O0 5,000 (001-054-5220-3738) 2,300 (001-054-5220-3747) 22,600 (001-054-5220-3740) 7,000 (001-054-5220-3725) 23,000 (001-054-5220-3745) 3,502 (001-054-5220-3741) (001-054-5220-3700) 6,448 (285,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. JuneF;~8~'1990 r~J~noke, Virginia Honorable Mayor and City Council Roanoke, Virginia Members of Council: SUBJECT: RECO(~4ENDATIONS FOR CITIZENS SERVICES CO(4))II-~EE FOR FUNDING OF QUALIFIED AGENCIES I. BACKGROUND The Citizens Services Committee budget was established by City Council, Ordinance #30030-50790, by which the General Fund Budget for Fiscal Year 1990 - 1991 was adopted May 7, 1990. Public notice for agencies to file applications for City funds published in local newspapers February 11, 15, 18, and 22, 1990, an application deadline of March 9, 1990. was with Requests from 28 agencies were received for $701,327.25. Individual study of each application and public hearings were held April requests and hear applicants. was made by Committee members, 11 12, 1990 to consider the Agencies were notified of tentative allocation recommendations and advised they could appeal the Committee's tentative recommendations. II. CURRENT SITUATION The budget for Fiscal Year 1990 - 1991, approved by City Council for the Citizens Services Committee, provides for an increase in funding of approximately five percent {5%}. Total funds available for allocation in Fiscal Year 1990 - 1991 are $285,000.00. B. Performance audits are conducted for each agency receiving funds through the Committee to evaluate the effectiveness and efficiency of funded programs. C. Citizens Services Committee requests that $8,000.00 be transferred to the Director of Human Resources' budget upon approval of City Council to cover monitoring expenses. Performance audits will be conducted by the Council of Community Services in conjunction with the City's Director of Human Resources. Performance audits were adopted in 1981 to ensure City funds are being used for the purpose for which they are requested and to further assure that citizens of the City are benefitting from their use. 3. The Committee is pleased with the contents and accuracy of the audits performed during the past year. Agencies submit a budget by objective and activity when applying for funds through the Citizens Services Committee. Agenc~ plan of objectives and activities to be accomplished with City funding. Total aqency budget and amount of funds generated to the agency by City funding. Regional agencies are required to apply for funding from other localities. The Committee is concerned that some regional agencies are not funded by the other localities (Attachment Attached schedule shows recommended funding for allocation to the various agencies. 1. Most agencies are funded for less than their request. Recommended funding amounts reflect the best judgment of the Committee in serving the citizens of the City of Roanoke through these programs. Committee deliberations are contained in minutes of meetings on file with the City Clerk. Appeals of Committee recommendations, as provided by Council policy, were received after notification to each agency of its tentative recommended allocation. One (1) appeal was filed and was heard May 31, 1990. Mill Mountain Theatre requested an appeal to secure additional funding in order to achieve equity with similar organizations which receive monies from the Committee. After hearing the appeal at which the Theatre emphasized its outreach services to the community, the Committee agreed to increase its recommended allocation from $500.00 to $1,000.00. Bethany Hall -- }5~200.00. The Committee recommends a payment of $20.00 per day for Roanoke City residents, up to a maximum of $5,20o.00. The Salvation Army -- $23~000.00. The Committee recommends that $23,000.00 be allocated to The Salvation Army and a contract be executed with The Salvation Army for the provision of services to City citizens under the Homeless Housing Program and/or Abused Women's Shelter. Unified Human Transportation Systems~ Inc. (RADAR) -- ~23~000.00. The Committee recommends that $23,000.00 be allocated to Unified Human Transportation Systems, Inc. (RADAR) through Valley Metro in order that Valley Metro may receive credit for providing transportation to the handicapped. III. R£COM~iENDATION$ City Council concur with the funding of agencies in the amounts recommended as indicated on the attached schedule (Attachment A). City Council authorize the Chairman of the Citizens Services Committee and the Director of Finance to not release funds to any agency until objectives, activities, and other reasonable requests of the monitoring staff are submitted and accepted. Co Transfer $8,000.00 from the Citizens Services Committee budget, #001-054-5220-3700, Contributions, to Director of Human Resources, Fees for Professional Services, #001-054-1270-2010, for payment of performance audits. Transfer $23,000.00 from the Citizens Services Committee budget, #001-054-5220-3700, Contributions, to the Director of Human Resources, Fees for Professional Services, #001-054-1270-2010, for payment of services for the Homeless Housing Program and/or Abused Women's Shelter provided to City citizens by The Salvation Army. Eo Transfer $5,200.00 from the Citizens Services Committee budget, #001-054-5220-3700, Contributions, to the Director of Human Resources, Fees for Professional Services, #001-054-1270-2010, for payment of services provided to City citizens at Bethany Hall. Authorize the City Manager or his designee to negotiate a contract for $23,000.00 with The Salvation Army for the provision of services to City citizens under the Homeless Housing Program and/or Abused Women's Shelter. Council will be asked to authorize the execution of the contract after it has been negotiated. Respectfully submitted, Citizens Services Committee Robbie Hunt Burton, Vice Chairman Raleigh Campbell Stanley Hale Bernice Jones Harold Kyle A1McCain JDR/ksf Attachments CC: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance Barry L. Key, Office of Management and Budget o§ U 0 N N 0 CZ) CD CD 0 0 0 June 4, 1990 Director of Human Resources Ms. Judy Mitchell Director of Marketing and Development Mill Mountain Theatre One Market Square Roanoke, Virginia 24011 Dear Ms. Mitchell: After presentation of the additional information at the appeals hearing Thursday, May 31, 1990, the Citizens Services Committee has recommended an additional allocation of $500.00, bringing the total tentative allocation for Mill Mountain Theatre to $1,000.00. Although we would like to have funded more to your organization, this is all the Committee was able to divert from other agencies. The final recommended allocations will be submitted to City Council Monday, June 18, 1990, at 2:00 p.m., after which you will be notified in writing by the City Clerk's Office of approved funding for Fiscal Year 1990 - 1991. Please contact my office should you have questions. We look forward to working with you in the coming year. Sincerely, Jam . Ritchie, Chairman Citizens Services Committee ksf Room 356. Mumapal Building, 215 Church Avenue. S W, Roanoke, V~rg~nie 24011 (703) 981-2302 Director of Human Resources June 4, 1990 Ms. Kathryn Hale West End Center P. O. Box 4562 Roanoke, Virginia 24015 Dear Ms. Hale: After further consideration of the merits of your program for funding through the Citizens Services Committee for Fiscal Year 1990 - 1991, the Committee is recommending an additional increase of $502.00, bringing the total tentative allocation for the West End Center to $3,502.00. The final recommended allocations will be submitted to City Council Monday, June 18, 1990, at 2:00 p.m. Congratulations on your increase in funding. You and your organization are to be commended for its service to the Roanoke Valley. Sincerely, '~'. Ritchie, Chairman Citiz'~lhs Services Committee ksf Room 356, Munmcipal Building. 215Church Avenue, S W, Roanoke, V~rginia 24011 (703) 981-2302 Director of Human Resources June 4, 1990 Mr. Joseph Gaither Inner City Athletic Association 3762 Red Fox Drive Roanoke, Virginia 24017 Dear Mr. Gaither: After further consideration of the merits of your program for funding through the Citizens Services Committee for Fiscal Year 1990 - 1991, the Committee is recommending an additional increase of $500.00, bringing the total tentative allocation for the Inner City Athletic Association to The final recommended allocations will be submitted to City Council Monday, June 18, 1990, at 2:00 p.m. Congratulations on your increase in funding. You and your organization are to be commended for its service to the Roanoke Valley. Sincerely, ~ D. Ritchie, Chairman Cit~'~Zens Services Committee ksf Room 356, Municipal Building. 215Church Avenue, S W. Roanoke, Virginia 2401) (703) 981-Z302 Director of Human Resources June 4, 1990 Mr. Richard Dickson ARC Roanoke, Inc. P. O. Box 6157 Roanoke, Virginia 24017 Dear After further consideration of the merits of your program for funding through the Citizens Services Committee for Fiscal Year 1990 - 1991, the Committee is recommending an additional increase of $1,000.00, bringing the total tentative allocation for ARC Roanoke, Inc. to $30t2§0.00. The final recommended allocations will be submitted to City Council Monday, June 18, 1990, at 2:00 p.m. Congratulations on your increase in funding. You and your organization are to be commended for its service to the Roanoke Valley. Sincerely, D. Ritchie, Chairman Citizens Services Committee ksf Room 356. Municipal Building. 215Church Avenue. S W. Roanoke, V~rgima 24011 (703) 981-2302 June 20, 1990 File #24A-285 Mr. ~. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30111-61890 amending Code of the City of Roanoke (1979), as amenaed, by enacting §21-72, Audit of reports; fee, to provide for the audit of and raffle reports and to establish the fee for such Qrdinance No. 30111-61890 was adopted by the Council of of Roanoke at a regular meeting held on Monday, June 18, Sincerel'y, Mary F. Parker, CMC/AAE City Clerk the ~ew bingo audits. the City 1990. ~IFP : ra En¢. The Honorable Roy B. Willett, Chief Judge, Circuit Court The Honorable Clifford R. ~eckstein, Judge, Circuit Court The Honorable Diane McQ. Strickland, Judge, Circuit Court The Honorable Kenneth E. Trabue, Judge, Circuit Court 305 East Main Street, Salem, Virginia 24153 The Honorable G. ©. 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 Room 456 Municipal Building 21§ Church Avenue SW Roanoke, Virginia 240t I (703) 981-2541 Mr. W. Robert June 20. 1990 Page 2 Herbert 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 $. 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. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance 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, ©ffice of the Magistrate, Po ©. 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 18th day of June, 1990. No. 30111-61890. AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by enacting new §21-72, 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 1. The Code of the City of Roanoke (1979), hereby amended and reordained by the addition of section: Roanoke that: as amended, is the following new ~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. All 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. June 18, 1990 FROM: 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 Page 2 June 18, 1990 City Council 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, if the revenue collected is not sufficient to administer an adequate program, we will recommend increasing the fees. The ordinance attached is reco~mmended for passage. Donald $. Caldwell Commonwealth Attorney JMS/WCD/DSC/kp Attachment IDEF~ARTM~'NT OF FINANCE CI~'Y OF I~IOANOKE. VA. June 11, 1990 FROM: SUBJECT: 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 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 $. Caldwell Com~onwealth Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1990. No. 30096-61190. AN ORDINANCE to amend and reordain §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 processing fee for raffle permits; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 21-67 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- cessin6 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 6/11/90 ROANOKE 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 Council 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 11th, 1990, I'm sending this letter in hopes that you will 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 will have to endure some hardship such as even tighter record keeping and perhaps some sort of tax on our revenue, the 2% tax on sma11 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 fall. Illegal operations hav.e drawn our patrons away with jackpots which exceed the limits allowed by the current laws. The plan you propose to adopt may close the legiti- mate operator but will be only a nuisance to the illegitimate operator. Bingo Chairman Knights of Columbus Roanoke Council 562 ~ay 31, 1990 File #24A-79-285 Mr. Joel M. Schlanger Oirector 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 a-~g 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 va]id; duration; permits subject, to regulations; §21-69, Limitation on frequency and duration' of conducting bingo ~ames; §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; §21-75, Enforcement of article; injunctive relief; §21-76, Hearings and appeals; §21-77, Joint operation of bingo games; restrictions; special permit required; and §21-77~1, -Only raffles, bingo and instant bingo ~ames permitted; to provide--~--'f~ the regulation of bingo and raffle games in the City. Ordinance No. 30066-52990 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, ~lay 29, 1990. Sincerely, ~ll.~tff~ Mary F. Parker, C1VtC/AAE City Clerk MFP:ra Eric. Room 456 Muni¢iOol Building 2¢~ Church Avenue SW Roanoke, Virginia 24011 (703) 98t-2541 Mr. Joel M. Schlanger ~ay 31, 1990 Page 2 pc: The Honorable The Honorable The Honorable The Honorable 305 East Main The Honorable 1016, Salem, Virginia 24153 Roy B. Willett, Chief Judge, Circuit Court Clifford R. Weekstein, Judge, Circuit Court Diane M. Strickland, Judge, Circuit Court Kenneth E. Trabue, Judge, Circuit Court Street, Salem, Virginia 24153 G. O. Clemens, Judge, Circuit Court, P. O. Box The Honorable Philip Trompeter, Chief Judge, Juvenile and Domestic Relations Oistrict Court The Honorable Fred L. Hobaek, Jr., Judge, Juvenile and Oomestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Edema rd $. Kidd, Jr., Chief Judge, General District Court The Honorable Julian H. Raney, Jr., Judge, General Oistrict- 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 Oistrict 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. Ho~ard, Jr., Commissioner of Revenue The Honorable Oonald S. Caldwell, Common~ealthWs Attorney Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Mr. Bobby D. Casey, Office of the Magistrate, P. O. Box 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. Laslie, Vice President - Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32304 IN '£aa COUNCIL 0F~It~ CItY 0F ROANOI~, VIRIIINIA The 29th day of ~y, 1990. No. 30066-52990. ~ O~IN~ ~o amend and reordain ~21-65, Bin~o game8 and raffles conducted under this article of the Code of ~he City of Roanoke (1979), as amended and co add new ~21-66, Bingo game8 and raffles - definitions; ~21-67, ~nual pe~C required; applica~ion and processin~ ~ee, fo~ si application; ~21-68, ~quir~enc o~ issuance of pe~cl where valid; duration; pe~ics sub~ec~ co repletion; ~21-69, Liui~a~ton on gre~uency and duration o~ conducting bingo games; J21-70, Instant bin~o; i21-71, ~porcs of gross receipts and disburs~enCs required; fo~ of reporCs~ failure Co file; cercifica~e of compliance; ri~h~ of enC~ upon presses; records~ independent accounting procedure; J21-73, Prohibited prac~ices; ~21-74, Denialp suspension or revoca~ion of pe~c; penalties; t21-75, Enforcement of article; in~uncCive relief; ~21-76, ~eari~s and appeals; 121-77, ~oin~ operation o~ bin~o ~ames~ restrictions; special pe~c required; and J21-77.1, ~1~ ra~fle8~ binso and instant binso gane8 pe~CCed; Co provide for the re~laCion of bingo and raffle games in the City; and providing gor an emergency. BK IT ORDAINED by the Council of the City of Roanoke that: 1. Section 21-65 of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: ~ 21-65. Bingo ~m2a and raffles conducted under this article. Nothing in t~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 followin~ sections: §21-66. Bingo ga~s and raffles - definitions: 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 confor~ing to a predetermined pattern of numbers selected at random. Such cards shall have five vertical ro~s headed respectively by the letters B.I.NoCoOo, ~rlth each row having five randomly numbered squares. (b) "Building" m~ans 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) commenctn~ 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 ~ore individually prepacked cards, with winners being determined by the preprinted appearance of the letters B.I.NoCoO. 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 in § 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: (i) 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 processin~ fee, form of application. Prior to the com~ucement 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 application 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 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. J 21-68. bquirement of issuance of permit; where valid; duratiou; permits subject to re~ulation. (a) Prior to the issuance of any permit, the applicant organization shall meet each of the following requirements: (1) (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 regular 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 immediately 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. (5) Any organization which rents or leases property for the purpose of conducting bingo games ~ust, as a condition of obtaining a per.it, obtain as part of their lease per~ission 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 tndependant certified public accountant as required in § 21-71 (d). (b) All per.its 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 per.it shall be acted upon by the Director of Finance within 60 days from the filing thereof. (c) Upon completion of the application investigation and co~pliance with this article, and at the discretion of the Director of Finance, an annual permit shall be issued. (d) The Director of Finance is authorized to issue re~ulations, 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. Liattation on frequency and duration of conductin~ bingo ?-~-. (a) No organization shall hold bingo gases 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 per.it ~ay be granted at the discretion of the Director of Finance which entitles an organization to conduct more frequent operations during carnivals, fairs and other similar events at its principal meeting place or any other site selected by such organization, which is located in the City and which is not in violation of any local zoning ordinance, ! 21-70. '~nstant bin~o', (a) Any organization qualified to conduct bingo gauss pursuant to the provisions of this article shall be authorized to conduct "instant bingo" as a part of such bingo game and only at such location and at such times as are specified in the bingo application permit for regular bingo games as defined in § 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 organization's bingo operation. (c) Any organization playing "instant bingo" shall maintain a record of the date, quantity and card value of instant bingo supplies purchased as vel1 as the name and address of the supplier of such instant bingo supplies. The organization 8hall also maintain a written invoice or receipt from a nonmomber of the organization verifying any information required by this subsection. (d) No organization shall sell an "instant bingo" card to any individual below sixteen years of age. J 21-71. Reports of gross receipts and dishirseuents required; for~ of reports; failure to [ils; certificate of co~R~liance; right of entry upon premises; records; independent acco~ntin~ procedure. (a) Complete records of all receipts and disbursements shall be kept by the individual designated on the permit application and shall be filed annually under oath with the 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 1 of the previous year and a record si all money in the possession of the organization that vas derived from bingo or instant bingo, regardless of when the money vas received. However, any organization whose gross receipts exceed $50,000 during any calendar quarter shall be required to file au additional accounting of its receipts and disbursements during such quarter no later than sixty days following the last day of the quarter. "Gross receipts,*' as used in this section, shall mean the total amount of money received from bingo and "instant bingo" operations before the deduction si expenses or prizes. (b) All reports of receipts and disbursements shall be made on a form prescribed by the Director of Finance and acknowledged ia the presence of a duly authorized notary public. The failure to fils reports when due shall cause the automatic revocation of the permit, and no organization shall conduct any bingo game or raffle thereafter until the report is properly filed and a new permit is obtained, including payment of application and processing fee. (c) The financial report shall be accompanied by a certificate, verified under oath, by the Board of Directors that the proceeds of any bingo games or raffles have been used for those lawful, religious, charitable, community or educational purposes for which the organization is specifically chartered or organized and that the operation of bingo games or raffles has been in accordance with the provisions of this article. (d) Any organization having annual gross receipts from bingo games or raffles in excess of $200,000 as sho~n on its annual financial report, shall attach to such report an opinion of a licensed independent certified public accountant that (i) the annual financial report presents fairly, in all material respects, beginning cash, receipts, operating cost, use of proceeds, and ending cash; (ti) 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 his designee from performing unannounced audits or restrict any right of such official to secure records required to be maintained by the provisions of this article, Any such official shall have the authority to go upon the premises on which any organization is conducting a bingo game for the purpose of carrying out the duties imposed by this article including observation of the conduct of games. The application for the bingo permit shall constitute permission from, and authority granted by, such organization aa 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 prueiaes. Denial of access co the premises by the organization, cbs building ernst or any percy shall result in the aucousCic revocation of a~permit. (f) The orgunizac/on shall ~linCsin a vriCCen record for three years of the daces on vhich bingo is played, cha number of people in attend·ucc on each dace and cha unounC of cha receipts end prises paid on each day, The organization shall ·las ucinCain a record of chanama and uddreas of each individual co vhou 8 door prise, regular or special bingo glee prise or Jackpot frou the playing of bingo is ay·rd·d, es veil es the amount of the averd. Tee ongsuisecion plsying bingo shall slao uatntsin in itemized record of ill recsipca and d/sburaeuenCa, including operettas costs end uae of proceeds incurred in opsrscing bingo gms. (g) All records required Co be umintsined by chis section shall be kept ac the sics aC vhich bingo is played as sec forth in th· pSEIAC or ac the organizaciou's local address as listed on the applicaCiun. All records shall be aide available co iuepeccion inmdiscely upon the request of the Director of Pin·ucc or his designee. Each organization shall designate · mmber on the application fern Co be responsible for providing access Co Chase records. 21-73 Prohibicud practices. In addition co chose ocher practices prohibited by chis article, ohs relieving acne or prscCicea shall also be prohibited under the provisions chis article~ (s) No organization shall enter inca · couCracC rich, or otherwise enploy for coupensaciou uny person, fine, association, organization, partnership, or corporation of any ¢laseificaciouvhecsuever for the purpose of organizing, managing, or conducting bingo gms or raffles. Hovsvsr, this suhaecCion shall nsc prohibit tho Joint operation of bingo gms under ! 21-77. (b) No psrsou, fine, eeeociiciun, organization, partnership, or corporation shell pay or receive for use of any prunings devoted, in shale or in parc, co the cunducc of bingo game or raffles any consideration in excess of the current fair mrket rental value of such property. For purposes of chis article, us fair urkst rental value consideration shall bo based upon or decsrBlned by reference co · percentage of ch proceeds derived free cha operation of bi~o fa~es or raffles nor shall ouch consider·ties ha hasud upon or deceruiund by any reference to the nunber of people in ·Ccendsnce at such bingo gases or raffles. Each dsy in violation of chis subsection shall constitute · separate Class I nisdeu~anor as set forth in J 21-74 (b). (c) No building.or ocher premises shall be utilized in whole or in parc for the purpose of conducting bingo easel Bore frequently chi· cwo calendsr days in any one calendar week is defined by J 21-66 except az follows: The provisions of this subsection shall usc apply to the playing of bingo pursuant to a special pemit issued in accordance ~ith t 21-60 (2) Ho lmilding or other premises o~ned by ·n orsanization is defined by J21-71 of this article and qualified ss · tax-exempt organization pursuant to $501 (c) of the Internal Revenue Cods shall be utilized in whole or in part for the purpose of conducting bingo games nors frequently than four calendar days in any oma calendar mek. (d) No person except · bona fide Reuber of ·n organization defined by J 21-66 who has been i member reflected on cbs organization's list of Bombers filed with the Director of Finaance for at least ninety days prior to such participation, or the spouse of such listed BeRber if 8 listed BeRber is prezent, shall participate in th· management, operation or co·duct of any bingo fane or riffle. No person shall receive any reRuneratio· for participating i· the management, operation or conduct of any such gzme or raffle except that person eighteen years of age ·nd under who sell raffle tickets co riizs funds for youth activities in which they participate receive noemouecary incentive swards or prizes from the organization provided chat organization is nonprofit. (e) No organization shall inter lacs any contract with or otherwise euploy or coupenzate any member of chic organization regarding th· sale of bingo supplies or squip~enC. (f) No orfau~zatiou shall award any bin~o prize money or any merchandise valued in excess of the follovin~ nisus·si (l) no bin~o door prize shall exceed $25, (ii) no rssuler bingo or special bingo gm excess of $100, a~ (iii) ~ bl~o Ja~c of any ~cure ~acooever shall exceed $I,000, nor ohll an7 one cllaxdsr day ucend (f) Except as provided herein, no orsa~Ltzacion shall award any raffle prize or prizes valued et nors than $100,000 during any calender year. The $100,000 limit·Clem shall not apply to · raffle conducted no Bors than once per calendar year by In organization qualified naa tax-exnapt organization purzuint to J 501 (c) (3) of ch· Internal R~vsnue Code for a prize consisting of · lot iRproved by & residential dwelling whore 100 perceuC of the moneys received froR such raffle, less deductions for the fair norket value for the coic of ecquizition of the land and materials, sro donated to lawful religious, charitable, co--u,nity, or educational organizations specifically chartered or organized under the lave of the Commonwealth and qualified az z 501 (c) (3) tax-exempt organization. (h) Any bingo game in which all the gross receipts from players for that game are paid back to the players az prize uonsy shall not be subject to the limitations of subsection (f) o! thio sectiou, b~t there shall not be more chin one such SaM per calender day of play as defined in J 21-66 and the prize mousy from any such game shall nsc exceed $1.000. (l) No person shall participate in the operation of bingo gauss for aero than one organization in any oas calendar year. A calender year shall run from January I thru Dec--bar 31. (J) The sponsoring organization shall accept only cash or, at its option. checks in peynanc of any chirgae or nsemsemenCz for players co participate in bingo game. (k) The award of any prize uonsy for any bingo or raffle shell not be deemed co be part of any gm.Lng contract vithin the purview of Section I1-14, Coda of Virginia (1950), ns amended. J 21-74. Deulel~ suspension or revocation of permit{ penalties. (s) The Director of Finance amy deny, suspend or revo~s the permit of any organization found not co be in strict co~pliaaca rich the provisions of this article. (b) Any person violating the provisions of J 21-66 thru J 21-77.1 shall be guilty of a Class I misdemeanor. 21-75. E~forcemaut of arCiole~ injunctive relief. ._ Xn the event that any perzon violatns the provisions of this article, chou the Coe~onvealth's Attorney or the City Attorney nay, in addition to the foregoing criminal penalties, apply to the appropriate circuit court for in injunction raetraining the continued operation of bingo genes or raffles or any aspect thereof. 21-76. Noarin~ ann eppawla. Unless autonetiC revocation is required by ordinanca, no pe~EtC to conduct bin~o genes or riffles shall be denied, suspended or revoked except upon notice stating the proposed basis for such action and tho tine and place for a hearing before the Director of Finance thereon. ~here ·perttt is automatically revoked, the organization ney request a hearing With the Director of Finance. After a hearing, the Director of Finance my refuse co issue or ney suspend or revoke any such perttt if he determines chit the orsauizaCion has nsc complied With the provisions of chis article. Any organization asgrieved by the decision of the Director of Finance may appeal such decision Co the circuit court. 21-77. Joint operation of bingo gms; restriction; special permit re~luirnne (e) TVs qualified organizations as defined ia thin article my Jointly organize and conduct bingo games provided both have been issued · pernit under the provisions of J 21-67 ann provided both fully comply with all other provisions of this article. (b) Any two qualified orfa~lsetioun Jointly conducting bingo fanes shell be subject co the sene restrictions and prohibitions cunCainnn ia this article chic would apply to · single organization conducting bingo Janes. OrganiseCioun Jointly connucting bingo gms ehell not circumvent any restrictions end prohibitions which would otherwise apply if a single organization wore conducting such games. These restrictions and prohibitions shall include, but not he linitnn to, the frequaucy with which bingo fanes nay be held, the value of nerchendiun or uonay awarded as prises, ann all other practices prohibited under J 21-73 ann Section 18.2-340.9 A. ~odo of Virginia (1950), as mnnnn. (c) Any tvs qualified organizations which wish to Jointly con&icc one or more bingo genes shall furnish to the Director of Finance a written report setting forth the divioiou of mupowor, comte, and proceeds for each fane to he Jointly connueCnn. Upon a finning thec tho division of manpower end costs for each game bears a renaonabXo relationship to tho division of proceeds, the Director of Finance shell issue · special permit for tho Joint conduct of approved bingo fanes. No bingo gm ney be Jointly conducted until this special perniC is obtained by the organization involvnn for CheC bingo lisle. ! 2t-77.1, Onl~ rafflee~ btn6o and instant bin~o gms portictnn. This article permits organizations Co conduct raffles, bingo and instant bingo games. All fanes usc explicitly authorized by chie article are prohibicnn. 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 terms 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. Attest: City Clerk. MINUTES OF THE AUDIT?C0M~ITTEE OF RO/~NOKE CITY COUNCIL May 21, 1990 1:00 1:40 p.m. Members Present: 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. ~avi~--~. 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 June 20, 1990 File #51 Mr. ~. H. Fralin Attorney 3912 Electric Road, S. W. Roanoke, Virginia 24018 Dear Mr. Fralin: I am enclosing copy of Ordinance No. 30081-61890 rezoning a tract of land lying on Lynn Avenue, S. ~., designated as Official Tax Nos. 1271811 - 1271815, inclusive, from LM, Light ~anufacturing District, to C-1, Office District; and rezoning Official Tax No. 1271816, from C-2, General Commercial District, to C-1, Office District, subject to certain conditions proffered by the peti- tioners. Ordinance No. 30081-61890 ~as adopted by the Council of the City of Roanoke on first reading on Monday, June 11, 1990, also adopted by the Council on second reading on Monday, June 18, 1990, and will take effect ten days following the date of its second reading. Sincerely, ~/~~ Mary F. Pa rker, CMC/AAE City Clerk ~FP:ra Eric. pc: Mr. & Mrs. James R. Bryant, 5064 Keffer Road, Catawba, Virginia 24070 Mr. & Mrs. James A. Boone, c/o Ideal Lumber Company, P. 0. Box 562, Rocky Mount, Virginia 24151 Roanoke Business Forms, P. 0. Box 20161, Roanoke, Virginia 24018 Mr. Dennie M. Clark, 2715 Meadow Street, N. W., Roanoke, Virginia 24012 Room 456 Municipal Building 2t5 Church Avenue S W Roanoke, Virginia 24011 (703) 981-2541 Mr. W. H. Fralin June 20, 1990 Page 2 pc: Mr. & Mrs. Yee Chi Chan, 2028 Sanford Avenue, S. ~., Roanoke, Virginia 24014 Mr. & Mrs. Byron D. ~hitt, 2020 Sanford Avenue, S. Roanoke, Virginia 24015 Mr. & Mrs. Richard M. Hylton, 5603 Brahma Road, S. W., Roanoke, Virginia 24018 H-F Realty~ P. 0. Box 2321, Roanoke, Virginia 24010 Hr. & Mrs. Donald L. Edmunds, 3817 Kentland Drive, S. W., Roanoke, Virginia 24018 Mr. & Mrs. Harry Norris, 5346 Amanda Lane, S. W., Roanoke, Virginia 24014 Mr Wayne G. Strickland, Executive Director, Fifth Planning D strict Commission, P. 0. Box 2569, Roanoke, Virginia 24010 Mr Mr Mr Mr Mr Mr Mr Mr Mr. Mr. Administrator Mr. John R. Commission Ms. Doris Layne, W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant Ci~ty Attorney Von W. Moody, III, Director of Real Estate Valuation Michael M. Wa ldvogel, Chairman, City Planning Commission L. Elwood Norris, Chairman, Board of Zoning Appeals William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities and Operations Charles M. Huffine, City Engineer Rona!d H. Miller, Building Commissioner and Zoning Marlles, Agent/Secretary, City Planning Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, The 18t5 day0fJune, ~990. No. 30081~6~890. VIRGINIA, AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 127, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. WHEREAS, application has been made to the .Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing, and C-2, General Commercial District, to C-l, Office District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council at its meeting on June 11, 1990, at 7:30 p.m., after due and timely notice thereof as required by S36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid applica- tion, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council that §36.1-3, Code of the City of Roanoke (1979), as amended, Sheet No. 127 of the Sectional 1976 Zone Map, City of Roanoke, amended in the following particular and no other: Property described as a tract of land lying on the northwesterly side of Lynn Avenue, S. W., fronting 300 feet on Lynn Avenue, S. W.,, designated on Sheet No. 127 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Number Nos. 1271811, 1271812, 1271813, of the City of Roanoke and be currently zoned LM, Light Manufacturing District, 1271816, currently zoned C-2, General Commercial hereby rezoned from LM, Light Manufacturing, and and that 1271814 and 1271815, and Official Tax No. District, be, and is C-2, General Commercial District, to C-l, Office District, Sheet No. 127 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roonoke City Planning Commission June 11, 1990 The Honorable Noel C. Taylor, and Members of City Council Roanoke, Virginia Mayor Dear Members of Council: Subject: Request from Laura Brown, Sharon C. Bohon, John K. Bohon, Irene S. Kemp, W. D. Asburry and Georgia E. Asburry, represented by W. H. Fralin, attorney, 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-l, Office District, and official tax no. 1271816, be rezoned from C-2, General Commercial District, to C-l, Office District, such rezoning to be subject to certain conditions proffered by the petitioner. Background: Purpose of the request is to amend the zoning to reflect the present uses, to allow for the expansion of the existing structures and to provide a buffer between the existing light manufacturing and residential zoning. Be Original petition to rezoned was filed on February 15, 1990. Petition requested that parcel nos. 1271813, 1271814, and 1271815, be rezoned to a combination of RM-1 and C-2 zoning. Ce Isolation of the area created by the construction of the Roy L. Webber Expressway and manufacturing activity to the south makes it difficult to stabilize this area as a residential environment. The existing LM zoning severely restricts the ability of the property owners along Lynn Street from making Room 355 Municipal Buildincj 215 C~urch Avenue, S ~.Z Roanc~4e, Virginia 24011 (703)981-2344 any improvements to the residential structures or even selling their property. Conversely, the properties cannot be developed under the existing LM zoning requirements. Staff met with the petitioners' attorney on several occasions to discuss alternatives to the proposed C-2 and RM-1 zoning. At staff's request, petitioners' attorney met with representatives of the Planning Commission (Messrs. Jones and Sowers). Discussion focussed on the viability of the area for continued residential development. Possible redevelopment of the area for offices, multi- family and commercial development was also discussed. Amended petition to rezone was filed on April 4, 1990. Petition included a proffered condition that the petitioners would abide by the condition that prior to the issuance of any building permits for official tax nos. 1271811, 1271812 and 1271813, the City of Roanoke Planning Commission, through the City of Roanoke Planning Department, shall review and approve the site development plan. Petitioner's attorney agreed to submit an amended petition deleting the proffered condition after being informed by staff that the proffered condition stated an existing City requirement. Third amended petition was submitted on May 14, 1990. Planning staff recommended approval of the requested rezoning. Planning Commission public hearinq was held on May 2, 1990. Mr. W. H. Fralin, attorney, appeared before the Commission to review the history of the petition. Mr. Fralin stated that at staff's request, he had obtained permission from the adjoining property owners to join in the petition. Mr. Fralin noted that the construction of the Webber Expressway had completely cut through the neighborhood and that an office and institutional use would provide a reasonable transitional use for the property. Mr. John Hess (2012 Sanford Avenue) appeared before the Commission and stated he was concerned with the limited access to his property and II. the potential increase in traffic in the alley. Mr. Hess also stated that the alley was constantly blocked by trucks loading and unloading at the existing business. In response to questions from Commission members, Mr. Marlles stated that any development of the site would require comprehensive site plan approval and that access to the site would be carefully looked at. Ms. Worthington (mother of Mr. Hess) appeared before the Commission to voice her concern with alley access and problems associated with the alley. Mr. Waldvogel noted that although access was a problem, the proposed rezoning was a step towards reducing some of the problems because the C-1 zoning allowed less intensive uses than the existing LM zoning. Mr. Bradshaw stated that the next step should be to make the area on the other side of the alley C-1 also. Issues: Zoninq of parcels nos. 1271811, 1271812, 1271813, 1271814 and 1271815 is currently LM, light manufacturing district. Zoning of parcel no. 1271816 is currently C-2, general commercial district. Property to the north and west is zoned RM-1, residential multifamily. The area to the south is zoned LM, light manufacturing. Zoning to the east is C-l, office district. The intent of the C-i, office district, is to preserve the existing residential character of neighborhoods and their viability by allowing limited commercial uses in appropriate existing or new structures. Land use of the area is currently a mixture of single and multifamily uses. The isolation of the site and its proximity to the Roy L. Webber Expressway and the light manufacturing area to the south makes it undesirable for residences. Utilities are available. Storm water management can be addressed during site plan review. Transportation and access is currently provided by Lynn Avenue and the alley at the rear of the subject rezoning. City Traffic Engineer has advised that vehicular access for limited commercial use would not be a problem. III. Neighborhood is a mixture of single family and multifamily dwellings. The long-term stability of the neighborhood has been impacted by the construction of the Webber Expressway and the existing manufacturing activity to the south. F. Comprehensive Plan recommends that: Neighborhood character and environmental quality should be protected. New commercial and industrial development should be encouraged on appropriate sites. Alternatives: A. City Council approve the rezoning request. Zonin~ becomes C-l, office. Existing residential structures would become conforming and could be expanded and improved. C-1 zoning would provide for limited commercial development and provide for reuse of existing residential structures. Land use for the present time remains residential. Future commercial uses of the properties would be subject to comprehensive site plan review. e Traffic access remains awkward, but not a problem for limited accessory commercial use. Ideally, consolidation of parcels would yield a better lot from a rezoning and access perspective. Access would be considered during comprehensive site plan review. Neighborhood impact would be minimal. Neighborhood is already impacted by the Webber Expressway and existing manufacturing activity to the south. Comprehensive Plan would be followed to the extent that existing non-conforming structures would become conforming and available for limited commercial development. B. City Council deny the rezoning request. IV. Zoning remains LM and C-2. Existing residential structures remain non-conforming and cannot be expanded or significantly improved. Land use remains residential. Desirability and appropriateness of subject area for long-term residential use is questionable. e Transportation and land use will not be affected. 4. Utilities will not be affected. 5. Neighborhood remains unchanged. Comprehensive Plan could still be followed. Recommendation: By a vote of 5-2 (Mr. Bradshaw and Mrs. Goode voting against the motion) the Planning Commission recommended approval of the requested rezoning. The proposed C-1 rezoning would correct an existing non-conformity and would provide for less intensive uses than the current LM zoning. The Commission also requested that staff continue to study the zoning in the area and to investigate possible options for improving access through the existing alley. Respectfully submitted, Michael M. Waldvogel, Chairman Roanoke City Planning Commission JRM:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Attorney for the Petitioner Office of the City Clerk May 14, 1990 File #$1 air. Michael si. Waldvogel Cha i rman City Planning Co.u. lssion Roanoke, Virginia Dear Mr. Wa ldvogel: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a seoond amended petition from Mr. W. R. Fralin, Attorney, representing Ms. Laura Brown, Me. Sharon C. Bohon and Mr. $ohn K. Bohon, requesting that a tract of land lying on the northwesterly side of Lynn Avenue, S. W., fronting 300 feet on Lynn Avenue, described as Official Tax Hoa. 1271~11 1271816, respectively, be rezoned from LM, Light Manufacturing Dlstriot, and C-2, General Co.~ercial District, to C-1, Office District, subject to certain conditions proffered by the petitioners. Sincerely, Mary F. Parker, CA~/AAg City Clerk MFP:ra REZONE32 ~no, po: Mr. W. H. Fralin, Attorney, 3912 Electric Road, Roanoke, Virginia 24018 ~ John R. Ma rilee, Agent/Seoretary. City. Planning Commission Mr. Ronald H. Miller, Zoning' Administrat'or Mr. Steven J. Tale¥i, Assistant City Attorney Room4S6 Municipal8uikling 21SChmch Avenue,S.W. Roanoke. Virginia 24011 (703)g81-2541 ZN T~B COUNCIL OF T~ CITY OF RO~NO~B~ VZRGZNZ& Rezoning a tract of land ) lying on the Northwesterly side ) of Lynn Avenue, S.W., ) fronting 300 feet on Lynn ) Avenue, S. W., and being ) Official Tax Nos. 1271811, ) 1271812, 1271813, 1271814, ) 1271815, and 1271816, to be ) rezoned from LM, Light ) Manufacturing District and ) C-2,General Commercial District ) to C-1, Office District ) AMENDED PETITION TO REZONE TO THB HONOR~BLB MAYOR AND MEMBnB OF T~B COUNCIL OF THB CITY OF ROANOKBz The Petitioners, are Laura A. fronting 150.00 feet on Lynn Avenue, Sharon C. Bohon, owners of one lot, Brown, owner of three lots, S. W., John K. Bohon, Jr. and fronting §0.00 feet on Lynn Avenue, S. W., W. D. Asburry and Georgia E. Asburry, owners of one lot, fronting 50 feet on Lynn Avenue, S. W., and Irene B. Kemp, owner of one.lot, fronting 50 feet on Lynn Avenue, S. W., in the City of Roanoke, Virginia, and located on the northwesterly side of said Lynn Avenue, S. W.., and designated as Official Tax Nos. 1271811, (W. D. Asburry and Georgia E. Asburry), 1271812 (Irene B. Kemp), 1271813, (John K. Bohon, Jr. and Sharon C. Bohon), 1271814 1271815 and 1271816, (Laura A. Brown). The said property is currently zoned LM, Light Manufacturing District, as to 1271811, 1271812, 1271813, 1271814 and 1271815, and C-2, General Commercial District, as to 1271816. A map of the property to be rezoned is attached as Exhibit Pursuant to Article VII of Chapter 36.1-690, of Roanoke (1979), as amended, the petitioners Code of the City request that the said property be rezonedfromLM, Light Manufacturing District and C-2, General Commercial District, ~Q C-1, Office District, so the property would be consistent with present uses and further provide a buffer between light manufacturing and the residential zonings, and to allow for expansion of existing structures. The petitioners believe that the rezoning of the said 9rogerty will further the intent and purposes of the City's Zoning Ordinance and its comgrehensive plan, in that it will be in the best interests of the City. Attached as Exhibit owners of all property "B" are the namea and addresses of the immediately adjacent to or ~mmediately across a street or road from the property to be rezoned. WHEREFORE, the petitioners requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted, LAURA A. BROWN JOHN K. BOHON, JR. SHARON C. BOHON W. D. ASBURRY GEORGIA E. ASBUI~RY IRENE B. KEMP. JOLLY, PLACE, FRALIN & PRILLAMAN, P.C. W. H. Fralin 3912 Electric Road, S. W. Roanoke, Virginia 24018 (703) 989-0000 EXHIBIT "B" Names and Addresses of adjoining property owners: James R. and Dorothy J. Bryant 5064 Keffer Road Catawba, Virginia 24070 Official Tax Nos. 1271801, 1271802 and 1271710 James A. and Jean W. Boone, Cecil E., c/o Ideal Lumber Co. - J. Boone P. O. Box 562 Rocky Mount, Virginia 24151 Official Tax No. 1272302 Jr. and Audrey R. Hodges Roanoke Business Forms P. O. Box 20161 Roanoke, Virginia 24018 Official Tax No. 1271805 Dennie Michael Clark 2715 Meadow Street, N. W. Roanoke, Virginia 24012 Official Tax No. 1271803 Yee Chi & Kow-Shun Chan Box 1978 Pulaski, Virginia 24301 Official Tax No. 1271804 Reiman Shober Rt. 1, Box 115 Monroe, Virginia 24534 Official Tax No. 1271806 Donald L. and Helen E. Edmunds 3817 Kentland Drive, S. W. Roanoke, Virginia 24018 Official Tax No. 1271807 Harry G. Norris and Natalie S. Norris 2001 Lynn Avenue, S. W. Roanoke, Virginia 24015 Official Tax No. 1271817 Richard M. Hylton 5603 Brahma Road, S. W. Roanoke, Virginia 24018 Official Tax No. 1271718 H-F Realty Associates P. O. Box 2321 Roanoke, Virginia 24010 Official Tax No. 1272209 LOCATION May 24, 1990 File #51 Mr. W. H. Fralin Attorney 3912 Electric Road, S. W. Roanoke, Virginia 24018 Dear Mr. Fralin: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant the request of your clients, 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, inclu- sive, 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 proffered by the petitioners. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, June 11, 1990, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W. For your information, I am also enclosing copy of a notice of the public hearing. Questions with regard to the City Planning Commission report should be directed to Mr. John R. Marlles, Chief of Community Planning, at 981-2344. MFP:ra PUBLIC32 Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk Enc. Room 456 Municiool Buildin9 215 Church Avenue SW Roonoke, Virginia 24011 (703) 981-2541 Mr. W. H. Fralin May 29, 1990 Page 2 pc: Mr. & Mrs. James R. Bryant, 5064 Keller Road, Catawba, Virginia 24070 Mr. & Mrs. James A. Boone, c/o Ideal Lumber Company, P. O. Box 562, Rocky Mount, Virginia 24151 Roanoke Business Forms, P. O. Box 20161, Roanoke, Virginia 24018 Mr. Dennie M. Clark, 2715 Meadow Street, H. W., Roanoke, Virginia 24012 Mr. & Mrs. Yee Chi Chan, 2028 Sanford Avenue, S. W., Roanoke, Virginia 24014 Mr. & Mrs. Byron D. Whitt, 2020 Sanford Avenue, S. W., Roanoke, Virginia 24015 Mr. & Mrs. Richard M. Hylton, 5603 Braham Road, S. W., Roanoke, Virginia 24013 H-F Realty, P. O. Box 2321, Roanoke, Virginia 24010 Mr. & Mrs. Donald L. Edmunds, 3817 Kentland Drive, S. W., Roanoke, Virginia 24015 Mr. & Mrs. Harry Norris, 5346 Amanda Lane, Roanoke, Virginia 24014 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Michael M. Wa ldvogel, Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation ~t) NUMBER - 523043gl PUBLISHER'S FEE - $9g.00 W H FRALIN ATTY 3912 ELECTRIC ROAOS ~ P 0 bOX 2865 ROANOKE VA 2~00I STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION I, ITHE UNDERSIGNEDI AN AUTHORIZED REPRESENTATIVE OF THE TIMES-wORLO COR- PORATION, WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES & WORLD-NEWS, A DAILY NEWSPAPER PUBLISHED IN ROANOKE, IN THE STATE OF VIRGINIA, DG CERTIFY THAT THE ANNEXED NOTICE wAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 05/25190 MORNING 06/01/90 MORNING WITNESS, TN~),~TH ~A~ OF JUN~ -- AUTHORIZED SIGNATURE NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, June 11, 1990, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on the question of rezoning from LM, Light Manufacturing District and C-2, General Commercial District, to C-i, Office District, the following property: A tract of land lying on the northwesterly side of Lynn Avenue, S. W., fronting 300 feet on Lynn Avenue, S. W., and bearing Official Tax Nos. 1271811, 1271812, 1271813, 1271814 and 1271815, currently zoned LM, Light Manufacturing District, and Official Tax No. 1271816, currently zoned C-2, General Commercial District. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. Ail parties in interest may appear on the above date and be heard on the question. 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 & World News, Morning Edition. Please send publisher's affidavit to: Please bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Mr. W. H. Fralin, Attorney 3912 Electric Road, S. W. Roanoke, Virginia 24018 Office of the City Clerk May 14, 1990 File #$1 Mr. Michael M. Wa ld¥ogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Wa ldvogel: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a second amended petition from Mr. W. R. Fralin, Attorney, representing Ms. Laura Brown, Ms. Sharon C. Bohon and Mr. John K. Bohon, Jr., requesting that a tract of land lying on the northwesterly side of Lynn Avenue, S. W., fronting 300 feet on Lynn Avenue, described as Official Tax Nos. 1271811 1271816, respectively, be rezoned from LM, Light Manufacturing District, and C-2, General Commercial District, to C-1, Office District, subject to certain conditions proffered by the petitioners. Sincerely, ~l~ Mary F. Parker, CMC/AAE City Clerk MFP:ra REZONE32 F~nc. pc: Mr. W. H. Fralin, Attorney, 3912 Electric Road, Roanoke, Virginia 24018 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Room456 MunicipalBu~lding 215Church Avenue. $. w. Roanoke. virginia 24011 (?03)981-2541 Office of the City Clerk April 4, 1990 Mr. Michael M. Waldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Waldvogel: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition from Mr. W. H. Fralin, Attorney, representing Ms. Laura Brown, Ms. Sharon C. Bohon and Mr. John K. Bohon, Jr., requesting that a tract of land lying on the northwesterly side of Lynn Avenue, S. W., fronting 300 feet on Lynn Avenue, described as Official Tax Nos. 1271811 1271816, respectively, be rezoned from LM, Light Manufacturing District, and C-2, General Commercial District, to C-1, Office District, subject to certain conditions proffered by the petitioners. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP:ra REZONE32 Enc. pc: Mr. W. H. Fralin, Attorney, 3912 Electric Road, Roanoke, Virginia 24018 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Room456 MunicipalSuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 LAW OFFICES JOLLY, PLACE, FRALIN & PRILLAMAN P.C. ROANOKE~ VIRGINIA 240[,8 ROANOKE~ VIRGINIA 24001 SALEM~ VA. 241S3 IO5 N* COLORADO STREET B. PURNELL EGGLESTON OF COUNSEL April 4, 1990 Mary F. Parker City Clerk City of Roanoke Municipal Building Roanoke, Virginia 24011 Re: Rezoninq - Official No.x 1271811-1271816 Dear Mrs. Parker: Attached is a corrected Amended Petition to Rezone for the above captioned Official Tax Nos. Mrs. Kemp's initial was incorrect on the first petition, and the enclosed petition shows the correct name. Would you please substitute the attached for the previous petition. Thank you for your cooperation in this matter. Sincerely, JOLLY, PLACE, FRALIN~ &.PRILLAMAN, W. Heywood Fralin mjs Enclosures cc: Irene B. Kemp Office of the City Clerk February 16, 1990 Hr. Michael M. Waldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Waldvogel: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Mr. W. H. Fralin, Attorney, representing Ms. Laura Brown, Ms. Sharon C. Bohon and Mr. John K. Bohon, Jr., requesting that a tract of land lying on the northwesterly side of Lynn Avenue, S. W., fronting 150 feet on Lynn Avenue, described as Official Tax Nos. 1271813, 1271814, and 1271815, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District and RMol, Residential Multi-Family District, subject to certain con- ditions proffered by the petitioners. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra REZONE32 EriC. pc: Mr. ~. H. Fralin, Attorney, 3912 Electric Road, Roanoke, Virginia 24018 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoninq Administrator Mr. Steven J. Talevi, Assistant City Attorney Room456 MunicJpaiBuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 IN RE: IN THE COUNCZL OF THE VIRGINI& Rezoning a tract of lar~ ~-~'i: lying on the NorthwesterIy side of Lynn Avenue, S. W., fronting 150 feet on Lynn Avenue, S. W., and being Official Tax Nos. 1271813, 1271814, and 1271815, to be rezoned from LM, Light Manufacturing District t__qo C-2, General Commercial District, and RM-1, Residential Multi- family District PETITION TO REZONE TO THE HONOI~BLE MAYOR AND MEI(BERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, are Laura A. Brown, owner of two lots, fronting 100.00 feet on Lynn Avenue, S. W., and John K. Bohon, Jr. and Sharon C. Bohon, owners of one lot, fronting 50.00 feet on Lynn Avenue, S. W., in the City of Roanoke, Virginia, and located on the northwesterly side of said Lynn Avenue, S. W.., and designated as Official Tax Nos. 1271813, (John K. Bohon, Jr. and Sharon C. Bohon), 1271814 and 1271815 (Laura A. Brown). The said property is currently zoned LM, Light Manufacturing District. A map of the property to be rezoned is attached as Exhibit "A". Pursuant to Article VII of Chapter 36.1-690, Code of the City of Roanoke (1979), as amended, the petitioners request that the said property be rezoned from LM, Light Manufacturing District to C-2, General Commercial District, as to rear 30 ft. x 100 ft. of Official Nos. 1271814 and 1271815, and to RM-1, Multifamily District, for the front 110 ft. x 150 ft. Nos. 1271814 and 1271815, and for entire Official No. Residential of Official 1271813, JOLLY, PLACE, FRALIN & PRILLAMAN, subject to certain conditions set forth below, so the property would be consistent with present uses and further provide a buffer between light manufacturing and the residential zonings, and to allow for expansion of existing structures. The petitioners believe that the rezoning of the said property will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will be in the best interests of the City. The Petitioners hereby proffer and agree that if the said tracts are rezoned as requested, that the rezoning will be subject to, and that the Petitioners will abide by, the following conditions: 1. That a subdivision map will be provided showing the metes and bounds description of the C-2 and RM-1 properties; 2. That proper screening will be provided between the C-2 and RM-1 properties; 3. That only parking will be provided and no additional buildings will be constructed upon the C-2 property. 4. Attached as Exhibit "C" is a conceptual plan outlining features of the proposed use of the property; Attached as Exhibit "B" are the names and addresses of the owners of all property immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted, LAURA A. BROWN JOHN K. BOHON~ JR~/~ SHARON C./BOH~N/// // v-Of ~oun~el JOLLY, PLACE, FRALIN & PRILLAMAN, W. H. Fralin 3912 Electric Road, S. W. Roanoke, Virginia 24018 703/989-0000 PoCe ¢, JOLLY, PLACE, FRAL[N & PRILLAMAN. EXHIBIT "B" Names and Addresses of adjoining property owners: James R. and Dorothy J. Bryant 5064 Keffer Road Catawba, Virginia 24070 Official Tax No. 1271802 James A. and Jean W. Boone Cecil E., Jr. and Audrey R. Hodges c/o Ideal Lumber Co. - J. Boone P. O. Box 562 Rocky Mount, Virginia 24151 Official Tax No. 1272302 Irene B. Kemp 943 Welton Ave., S. W. Roanoke, Virginia 24015 Official Tax No. 1271812 Roanoke Business Forms P. O. Box 20161 Roanoke, Virginia 24018 Official Tax No. 1271805 Dennie Michael Clark 2715 Meadow Street, N. W. Roanoke, Virginia 24012 Official Tax No. 1271803 Yee Chi & Kow-Shun Chan Box 1978 Pulaski, Virginia 24301 Official Tax No. 1271804 Reiman Shober Rt. 1, Box 115 Monroe, Virginia 24574 Official Tax No. 1271806 Laura A. Brown P. O. Box 238 Roanoke, Virginia 24002 Official Tax No. 1271816 Z TO THE CITY CLERK OF THE CITY OF ROANOKE, PERTAINING TO THE REZONING REQUEST OF: Request from Laura A. Brown, John K. Bohon, Jr. , ) and Sharon C. Bohon, represented by W. H. Fralin ) attorney, that the rear portions of property, ) designated as official tax nos. 1271814 and ) 1271815, consisting of a 30 foot by 100 foot por-) tion, more or less, located on Lynn Avenue, SW be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, and that the front 110 foot x 150 foot portions, more or less, of official tax nos. 1271814 and 1271815 and the entire tract identified by tax no.1271813, loca- ted on Lynn Avenue, S.W., be rezoned from LM, Light Manufacturing District, to RM-1, Residen- tial Multifamily, Low Density District, such rezoning to be subject to certain conditions pro-) ffered by the petitioner. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) ~AFFIDAVIT The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Secretary of the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of mail on the 26th of February, 1990, held on the 7th day of March, 1990, Roanoke she has sent by first-class notices of a public hearing to be on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNER~ AGENT OR OCCUPANT ADDRESS 1271802 James R. and Dorothy J. Bryant 5064 Keffer Road Catawba, VA 24070 1272302 James A. and Jean W. Boone P.O. Box 562 c/o Ideal Lumber Co. Rocky Mount, VA 24151 1271812 Irene B. Kemp 943 Welton Avenue, SW Roanoke, VA 24015 1271805 Roanoke Business Forms P.O. Box 20161 Roanoke, VA 24018 1271803 Dennie Michael Clark 2715 Meadow Street, NW Roanoke, VA 24012 1271804 Yee Chi& Kow Shun Chan 2028 Sanford Avenue~jL~ Roanoke, VA 24014 1271806 Byron D. Whitt 2020 Sanford Avenue Deborah Sue Whitt Roanoke, VA 24015 1271816 Laura A. Brown L. R. Brown, Sr. P. O. Box 238 Roanoke, VA 24002 ~Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, Roanoke, Virginia, this My Commission Expires: in the City of 26th day of February, 1990 Notary Public TO THE CITY CLERK O~'!~E CITY oF ROANOKE, VIRGINIA PERTAINING TO THE R~ZON~NG~REOUEST OF: Request from Laura Brown, Sharon C. Bohon, John K. Bohon, Irene S. Kemp, W. D. Asburry and Georgia E. Asburry, represented by W. H. Fralin, attorney, 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-l, Office District, and official tax no. 1271816 be rezoned from C-2, General Commercial District, to C-l, Office District, such rezoning) to be subject to certain conditions proffered by the ) petitioner. ) IAFFI- ~DAVIT COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Secretary of the Roanoke City Planning Commission, and as such Ks competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 23rd of April, 1990, notices of a public hearing to be held on the 2nd day of May, 1990, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 1271802 1271710 1271801 1272302 1271805 1271803 1271804 1271806 1271718 1272209 1272207 OWNER~ AGENT OR OCCUPANT James R. and Dorothy J. Bryant James A. and Jean W. Boone c/o Ideal Lumber Co. Roanoke Business Forms Dennie Michael Clark Yee Chi & Kow Shun Chan Byron D. Whitt Deborah Sue Whitt Richard M. Hylton Jeannine A. Hylton H-F Realty Donald L. Edmunds Helen E. Edmunds ADDRESS 5064 Keffer Road Catawba, VA 24070 P. O. Box 562 Rocky Mount, VA 24151 P. O. Box 20161 Roanoke, VA 24018 2715 Meadow Street, NW Roanoke, VA 24012 2028 Sanford Avenue JC~~ Roanoke, VA 24014 2020 Sanford Avenue,~I ~,~ Roanoke, VA 24015 5603 Brahma Road, SW Roanoke, VA 24018 P. O. Box 2321 Roanoke VA 24010 3817 Kentland Dr., SW Roanoke, VA 24018 1271817 Harry & Natalie Norris 5346 Amanda Lane Roanoke, VA 24014 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this My Commission Expires: 23rd day of April, 1990. Notary Public June 20, 1990 Fi le #51 Mr. Daniel F. Layman, Jr. Attorney P. 0. Box 720 Roanoke, Virginia 24004 Dear Mr. Layman: I am enclosing copy of Ordinance No. 30082-61890 rezoning 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, from LM, Light ~anufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the pet~itioner. Ordinance No. 30082-61890 was adopted by the Council of the City of Roanoke on first reading on Monday, June 11, 1990, also adopted by the Council on second reading on Monday, June 18, 1990, and will take effect ten days following the date of its second reading. sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. Howard Kirby, 25 Westbury Drive, Cherry Hill, New Jersey 08003 Ms. Elizabeth B. Gibson, 3621 Poplar Drive, S. 'W., Roanoke, Virginia 24018 Mr. Allen B. Fine, P. 0. Box 13326, Richmond, Virginia 23225 Brabham Petroleum Company, P. 0. Box 218, Vinton, Virginia 24179 Room 456 Municipal Building 2t5 Church Avenue S W Roanoke, Virginia 24011 (703) 98t-2541 Mr. Daniel F. June 20, 1990 Page 2 Layman, Jr. pc: Ms. Mary Catherine C. Gardner, 1001 Pocahontas Avenue, N. W., Roanoke, Virginia 24012 Mr. & Mrs. John S. Robertson, 1015 Pocahontas Avenue, N. W., Roanoke, Virginia 24012 Mr. James R. Shively, P. 0. Box 8691, Roanoke, Virginia 24014 Crestar Bank, c/o Trust Department, P. 0. Box 13888, Roanoke, Virginia 24038 Mr. & ~rs. John E. Thornhill, 3915 ~inding Way Road, S. W., Roanoke, Virginia. 24015 Exxon Corporation, P. 0. Box 53, Houston, Texas 77001 Virginia Foundry Company, P. 0. Box 12806, Roanoke, Virginia 24028 Racetrac Petroleum, Inc., 300 Technology Court, Smyrna, Georgia 30082 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, P. 0. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City ~anage'r Mro Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Michael M. Wa ldvogel, Chairman, City Planning Commission ~r. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Aaministrator ~r. John R. Marlles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, The 18th day of June, 1990. No. 30082-61890. VIRGINIA, AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 304, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to cer- tain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from L~, Light ~anufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said appli- cation at its meeting on June 11, 1990, after due and timely notice thereof as required by S36.1-893, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid appli- cation, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 304 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as a tract of land lying at the northeast corner of Hollins Road and Orange Avenue, N. E., containing approxima- tely 1.5 acres., designated on Sheet No. 304 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax the northeast portion of. which bears Official Tax No. 3042120. be, and is hereby rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to those conditions proffered by and set forth in the Amended Petition filed in the Office of the City Clerk on or about May 10, 1990, and that Sheet No. 304 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke City Planning Commission June 11, 1990 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Southern Classic Soft Auto Wash, Inc., represented by Daniel F. Layman, Jr., attorney, 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 bears 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, such rezoning to be subject to certain conditions proffered by the petitioner. Back~round: Am Purpose of the rezoning is to allow for the construction and operation of an automatic car washing facility. Petition to rezone was filed on April 11, 1990. Amended petition was filed on May 11, 1990. Proffered conditions were: The property will be used for an automatic automobile washing facility and for no other purpose. The property will be developed substantially in accordance with the site plan filed herewith, subject to such changes as shall be required by City planning officials in the course of the site plan review process. Room 355 Municipal Building 215 Churah Avenue, SW. Roanoke, Virginia 24011 ¢703) 981-2344 II. If construction of the petitioner's automobile washing facility has not begun on the property within three (3) years from the date on which the rezoning ordinance becomes effective, the zoning classification of the property will automatically revert to LM. Planning Commission public hearing was held on Wednesday, May 2, 1990. Mr. Daniel F. Layman, Jr., attorney, appeared before the Commission on behalf of the petitioner. Mr. Layman said that the petitioner had purchased the property from the Virginia Department of Highways (VDOT) and despite its favorable location, the shape of the parcel limited its viability for industrial use. He went on to say that because of the shape and size of the building that the petitioner felt that a "tunnel-type" car wash was ideally suited for this particular parcel. Mr. Layman presented photographs of a similar type structure that the petitioner operates in Blacksburg. Mr. Layman explained the traffic pattern on the site and advised Commissioners that 20-25 cars could be accommodated in the stacking lanes and that four (4) cars could be washed simultaneously. He also pointed out that a bypass lane was being provided on the site as well as three entrances. Mr. Price questioned the need for three entrances. Mr. Tasselli advised that the separation between the entrance met or exceeded VDOT minimums and that the site plan submitted seemed to justify the need for three entrances given the on-site traffic patterns. Mr. Bruce Mayer appeared before the Commission on behalf of Mr. Henry Brabham, adjoining property owner and advised the Coramission that he had no objection to the rezoning request. Issues: Zoning is presently LM. Zoning to the north is RM-1. To the east the zoning is also LM. C-2 zoning occurs to the south and HM zoning occurs west of the subject site. Ce Fe Due to the site's unusual configuration, variances shall be required for front and rear setbacks, but these variances would be required for development regardless of the zoning designation. Land use is presently vacant, undeveloped manufacturing. To the north, atop a significant ridge exists sporadic residential use. To the east and south, commercial uses exist. West of the subject site is a mix of commercial and retail/distribution uses. Utilities are available. The front portion of the parcel is in the 100 year flood plain, as shown on concept plan but development would not adversely impact the drainage area or flood plain. Proposed building is outside the flood plain's limits and is therefore exempt from any flood plain development requirement. Traffic on Orange Avenue in the area is congested during peak hours. Although no traffic projections are available from the Engineering Department for this type of use, it is felt that most of the traffic generated will be from that existing in the area. Furthermore, the existing medians in Orange Avenue and Hollins Road will help to limit turning movement and limit additional congestion. Neighborhood impact is minimal and no formal neighborhood organization exists in that area. Mr. Charles Minter of the Williamson Road Action Forum has been notified of the rezoning but no comments from that organization have been received. Industrial land in the City has been identified as a valuable economic asset and should be protected. The subject parcel is not considered valuable for industrial purposes. Comprehensive Plan recommends encouraging industrial development on appropriate sites and minimizing land use conflicts. VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE IN RE: Rezoning of the Lot at the northeast corner of Hollins Road and Orange Avenue, N.E. from LM, Light Manufacturing District, to C-2, General Commercial District PETITION FOR REZONING TO: The Honorable Mayor and Members of the Council of the City of Roanoke (1) The petitioner, SOUTHERN CLASSIC SOFT CLOTH AUTO WASH, INC., is the owner of a parcel of land located at the northeast corner of Hollins Road and Orange Avenue, N.E. containing approximately 1.5 acres. (This parcel was recently acquired from the Cow~onwealth of Virginia Department of Transportation and the major part of it therefore bears no Official Tax Number. The northeast portion of the parcel bears Official Tax Number 3042120.) A copy of a portion of Appraisal Map Sheet 304 showing this parcel is attached to this petition as Exhibit A. (2) This parcel is currently zoned LM, Light Manufactur- ing District. However, the shape of the property is such that its development for manufacturing purposes is impracticable. It is long and narrow, just over eighty (80) feet deep at its most narrow point, and bounded on the north by a sheer cliff. (3) Petitioner operates an automatic automobile washing business, the standard layout for which is ideally suited for a III. Alternatives: IV. A. City Council approve the rezoning request. Zoning becomes C-2. An unusually configured parcel of land becomes developable. Land use becomes general commercial with use limited to the development and operation of a car wash. Utilities are available. Neither flood plain nor the utilities would be adversely affected by the rezoning. Traffic is not affected. Most traffic is expected to be existing. 5. Neighborhood is not affected. Industrial land, although not preserved, becomes a revenue-producing parcel. Subject parcel is not considered valuable for industrial purposes. 7. Comprehensive Plan would be followed. B. City Council deny the rezoning request. 1. Zoning remains LM. Land use is restricted to industrial development. 3. Utilities are not affected. Traffic is not affected and can be accommodated. 5. Neighborhood is not affected. Industrial land remains and is protected. 7. Comprehensive Plan could be followed. Recommendation: By a vote of 7-0, the Planning Commission recommended approval of the rezoning request. The subject property is marginally viable for industrial development due to its configuration. The request would allow for a compatible and restricted use to be constructed on an otherwise limited lot. Respectfully submitted, Michael M. Waldvogel, Roanoke City Planning Commission JRM:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Attorney for the Petitioner parcel of this configuration. single long, narrow building, trip for a complete cleaning. The facility consists of a through which vehicles make one This site will permit the installation of this building and sufficient "stacking" lanes to serve anticipated traffic volume at peak hours. (4) Given the location of this property in an area characterized by commercial uses and its unsuitability for industrial development, the petitioner believes that rezoning for commercial use represents the best use of the parcel. (5) Accordingly, pursuant to Article VII of Chapter 36.1 of the Code of the City of Roanoke (1979), petitioner Southern Classic Soft Cloth Auto Wash, Inc. requests that the above-described parcel be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to the following conditions, which petitioner hereby proffers and by which petitioner hereby agrees to abide in development and use of said property: (a) The property will be used for an automatic automobile washing facility and for no other purpose. (b) The property will be developed substantially in accordance with the site plan filed herewith, subject to such changes as shall be required by City planning offi- cials in the course of the site plan review process. (6) A list of the owners of adjoining properties is attached to this petition as Exhibit B. -2- (7) This request constitutes an extension of an existing C-2 district and therefore does not violate the restriction in §36.1-690(g) of the City Code. WHEREFORE, Southern Classic Soft Cloth Auto Wash, Inc. requests that the above-described parcel be rezoned as herein set forth in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted, SOUTHERN CLASSIC SOFT CLOTH AUTO WASH. INC. Of Counsel0 ~' Daniel F. Layman, Jr., Esq. Woods, Rogers & Hazlegrove P. O. Box 720 Roanoke, VA 24004 Counsel for Southern Classic Soft Cloth Auto Wash, Inc. -3- 3042003 3042004 3042007 3042008 3042110 3042111 3042112 3042113 3042114 3042121 3042122 3042123 3042124 3042125 Exhibit B Howard Kirby 25 Westbury Drive Cherry Hill, NJ 08C~3 Elizabeth B. Gibson 3621 Poplar Drive, S.W. Roanoke, VA 24018 Allen B. Fine P. O. Box 13326 Richmond, VA 23225 Brabham Petroleum Co. P. O. Box 218 Vinton, VA 24179 Mary Catherine Caudle Gardner 1001 Pocahontas Avenue, N.E. Roanoke, VA 24012 Mary Catherine Caudle Gardner same John S. and Geneive Robertson 1015 Pocahontas Avenue, N.E. Roanoke, VA 24012 John S. and Geneive Robertson same James Robert Shively P. O. ~ox 8691 Roanoke, VA 24014 Crestar Bank Trust Department P. O. Box 13888 Roanoke, VA 24038 Crestar Bank same Crestar Bank same Crestar Bank same Crestar Bank same 3042126 3042127 3042128 3042129 3012141 3042133 3042142 3030403 3050207 3050315 Creater Bank same Crestar Bank same Creater Bank same Creater Bank same Creater Bank same John E. and Geneva M. Thornhill 3915 Winding Way Road, S.W. Roanoke, VA 24015 John E. and Geneva M. Thornhill same Exxon Corporation P. O. Box 53 Houston, TX 77001 Virginia Foundry Company P. O. Box 12806 Roanoke, VA 24028 Racetrac Petroleum, Inc. 300 Technology Court Smyrna, GA 30082 '1 c ClT~ ROAI LOCATION, lib 0 NORF'OL K ,~ 't~'P'$T E RN Office of the City Clerk May 24, 1990 File #51 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, this is to advise you that I have set public hearings for Monday, June 11, 1990, at 7:30 p.m., on the following matters: (1) Request of Mr. W. H. Fralin, Attorney, representing 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 Light Manufacturing District, to C-1, Office District, and Official Tax No. 1271816, be rezoned from C-2, General Commercial District, to C-1, Office District, such rezoning to be subject to certain conditions proffered by the petitioners. (2) Request of Mr. Daniel F. Layman, Jr., Attorney, representing 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, amd the remaining por- tion bears no official tax number, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, such rezoning to be sub]act to certain conditions proffered by the petitioner. Room 456 MunicipaIBuilding 215 Church Avenue. $. W. Roanoke, Virginia 24011 (70:1) 981-2541 The Honorable ~ayor and Members of the Roanoke City Council May 24, 1990 Page 2 The Honorable Mayor and Members of the Roanoke City Council May 24, 1990 Page 2 For your information, I am enclosing copy of the City Planning Commission reports on the abovedescribed requests for rezoning. If you desire additional information prior to the public hearings, please do not hesitate to call me. MFP:ra PH. LET5 Eric. pc: Mr. W. Robert Herbert, Mr. Earl B. Reynolds, ~r. Steven J. Talevi, Sincerely, Mary F. Parker, City Clerk C~C/AAE City Manager Jr., Assistant City Manager Assistant City Attorney May 29, 1990 File #51 Mr. Daniel F. Layman, Jr. Attorney P. O. Box 720 Roanoke, Virginia 24004 Dear Mr. Layman: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant the request of your client, 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 conditions proffered by the peti- tioner. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 1981, a public hearing on the abovedescribed request has been set for Monday, June 11, 1990, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W. For your information, I am also enclosing copy of a notice of the public hearing. Questions with regard to the City Planning Commission report should be directed to Mr. John R. Marlles, Chief of Community Planning, at 981-2344. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra PUBLIC33 Enc .Room 456 Municq~ol Building 215 Church Avenue S.W Roanoke, Virginia 24011 (703) 981-2541 Mr. Daniel F. May 29, 1990 Page 2 Layman, Jr. pc: Mr. Howard Kirby, 25 Westbury Drive, Cherry Hill New Jersey 08003 ' Ms. Elizabeth B. Gibson, 3621 Poplar Drive, S. W., Roanoke, Virginia 24018 Mr. Allen B. Fine, P. O. Box 13326, Richmond Virginia 23225 ' Brabham Petroleum Company, P. 0. Box 218, Vinton Virginia 24179 ' Ms. Mary Catherine C. Gardner, 1001 Pocahontas Avenue, N. W., Roanoke, Virginia 24012 Mr. & Mrs. John S. Robertson, 1015 Pocahontas Avenue, N. W., Roanoke, Virginia 24012 Mr. James R. Shively, P. O. Box 8691, Roanoke, Virginia 24014 Crestar Bank, c/o Trust Department, p. O. Box 13888, Roanoke, Virginia 24038 Mr. & Mrs. John E. Thornhill, 3915 Winding Way Road, S. W., Roanoke, Virginia 24015 Exxon Corporation, P. 0. Box 53, Houston, Texas 77001 Virginia Foundry Company, P. O. Box 12806, Roanoke, Virginia 24028 Racetrac Petroleum, Inc., 300 Technology Court, Smyrna, Georgia 30082 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Michael M. Wa ldvogel, Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation Roanoke Times & World-News ~J, mb.. 52313900 Publisher's Fee $ 95.40 Daniel F. Layman P. O. Box 720 Roanoke, VA 24004 STATE OF VIRGINIA ) c~ oF ROANOIC~ ~ to~it I, (the undersigned), an authorized representative of the TIMES-WORLD CORPORATION, which corpo- ration is publisher of The Roanoke Times & World- News, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: ................................. 5/25/90 am edition 6/1/90 am edition Witness, this l,~...r June, 1990 -~ Au~l~orized Signature~ NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1 Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Rearing on Monday, June 11, 1990, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., in the said city, on the question of rezoning from LM, Light Manufacturing District, to C-2, General Commercial District, the following property: A tract of land lying at the northeast corner of Hollins Road and Orange Avenue, N.E., containing approximate 1.5 acres, the northeast corner of said tract of land bearing Official Tax No. 3042120. This rezoning is to be subject to certain conditions prof- fered by the petitioner. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. Ail 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 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 & World News, Morning Edition. Please send publisher's affidavit to: Please bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Mr. Daniel F. Layman, Jr. Attorney P. O. Box 720 Roanoke, Virginia 24004 Office of the City Clerk May 14, 1990 File #$1 Mr. Michael M. Wa ldvogel Chairman City Planning Co~mission Roanoke, Virginia Dear Mr. Wa ldvogel: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition from Mr. Daniel F. Layman, Jr., Attorney, representing Southern Classic Soft Cloth Auto Wash, Inc., requesting that a parcel of land located at the northeast corner of Hollins Road and Orange Avenue, N. E., containing approximately 1.5 acres, identified as Official Tax No. 3042120, be rezoned from LM, Light .Manufacturing District, to C-2, General Commercial District, sub- ject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra REZONE33 ~nc. pc: Mr. Daniel F. Layman, Jr., Attorney, P. O. Box ?20, Virginia 24004 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Roanoke, noom456 MunicipalBuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-25ai WOODS, Roomms & 105 F~ANKLIN ~OAD. S.W. P. 0. Box 720 703/982-4253 May 7, 1990 Mr. John R. Marlles Roanoke City Planning Department Municipal Building, Room 355 215 Church Avenue, S.W. Roanoke, VA 24011 In re: Southern Classic Soft Cloth Auto Wash, Inc. Rezonin~ Dear John: Enclosed is an amended petition for rezoning submitted on behalf of Southern Classic Soft Cloth Auto Wash, Inc., adding the three-year reversion clause to our proffers for the rezon- lng of the Orange Avenue property. If the amended petition meets with your approval, please file it for submission to City Council with the Planning Commission's report. Yours truly, WOODS, ROGERS & HAZLEGROVE Da~ L~ DFLJr:gfw Enclosure cc: Mr. William Matthews (w/encl.) VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE IN RE: Rezoning of the Lot at the ) northeast corner of Hollins ) Road and Orange Avenue, N.E. ) from LM, Light Manufacturing ) District, to C-2, General ) Commercial District ) AMENDED PETITION FOR REZONING TO: The Honorable Mayor and Members of the Council of the City of Roanoke (1) The petitioner, SOUTHERN CLASSIC SOFT CLOTH AUTO WASH, INC., is the owner of a parcel of land located at the northeast corner of Hollins Road and Orange Avenue, N.E. containing approximately 1.5 acres. (This parcel was recently acquired from the Commonwealth of Virginia Department of Transportation and the major part of it therefore bears no Official Tax Number. The northeast portion of the parcel bears Official Tax Number 3042120.) A copy of a portion of Appraisal Map Sheet 304 showing this parcel is attached to this petition as Exhibit A. (2) This parcel is currently zoned LM, Light Manufactur- ing District. However, the shape of the property is such that its development for manufacturing purposes is impracticable. It is long and narrow, just over eighty (80) feet deep at its most narrow point, and bounded on the north by a sheer cliff. (3) Petitioner operates an automatic automobile washing business, the standard layout for which is ideally suited for a 3042003 3042004 3042007 3042008 3042110 3042111 3042112 3042113 3042114 3042121 ~3042122 3042123 3042124 3042125 Exhibit B Howard Kirby 25 Westbury Drive Cherry Hill, NJ 08003 Elizabeth B. Gibson 3621 Poplar Drive, S.W. Roanoke, VA 24018 Allen B. Fine P. O. Box 13326 Richmond, VA 23225 Brabham Petroleum Co. P. O. Box 218 Vinton, VA 24179 Mary Catherine Caudle Gardner 1001 Pocahontas Avenue, N.E. Roanoke, VA 24012 Mary Catherine Caudle Gardner same John S. and Geneive Robertson 1015 Pocahontas Avenue, N.E. Roanoke, VA 24012 John S. and Geneive Robertson same James Robert Shively P. O. Box 8691 Roanoke, VA 24014 Crestar Bank Trust Department P. O. Box 13888 Roanoke, VA 24038 Crestar Bank same Crestar Bank same Crestar Bank Crestar Bank 3042126 3042127 3042128 3042129 3012141 3042133 3042142 3030403 3050207 3050315 Crestar Bank same Crestar Bank same Crestar Bank same Crestar Bank same Crestar Bank same John E. and Geneva M. Thornhill 3915 Winding Way Road, S.W. Roanoke, VA 24015 John E. and Geneva M. Thornhil! same Exxon Corporation P. O. Box 53 Houston, TX 77001 Virginia Foundry Company P. O. Box 12806 Roanoke, VA 24028 Racetrac Petroleum, Inc. 300 Technology Court Smyrna, GA 30082 ClT ROA LOCATION Ill III Office of the City Clerk April 13, 1990 Mr. Michael M. Waldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Waldvogel: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Mr. Daniel F. Layman, Jr., Attorney, representing Southern Classic Soft Cloth Auto Wash, Inc., requesting that a parcel of land located at the northeast corner of Hollins Road and Orange Avenue, N. E., containing approximately 1.5 acres, identified as Official Tax No. 3042120, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Mary F. Parker, CMC/AAE City Clerk MFP:ra REZONE33 pc: Mr. Daniel F. Layman, Jr., Attorney, P. 0. Box 720, Virginia 24004 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Roanoke, Room456 MunicipaIBuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 TO THE CITY CLERK OF THE CITY °F ROANOKE, VIRGINIA PERTAINING TO THE REZONIN~ E~EST ~ y~ ~.! ~J OF: . Request from Southern Classic Soft Cloth Auto Wash, Inc., represented by Daniel F. Layman, Jr., attorney, 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 bears 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 conditions proffered by the petitioner. AFFI- DAVIT COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Secretary of the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of 915.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 23rd of April, 1990, notices of a public hearing to be held on the 2nd day of May, 1990, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: 3042003 3042004 3042007 3042008 3042110 3042111 PARCEL OWNERt AGENT OR OCCUPANT ADDRESS Howard Kirby Elizabeth B. Gibson Allen B. Fine Brabham Petroleum Co. Mary Catherine C. Gardner 3042112 John S. & Geneive Robertson 1015 Pocahontas Ave. 3042113 Roanoke, VA 24012 James Robert Shively Crestar Bank Trust Department 3042114 3042121 3042122 3042123 3042124 3042125 3042126 2042127 2042128 2042129 3012141 25 Westbury Drive Cherry Hill, NJ 08003 3621 Poplar Drive, SW Roanoke, VA 24018 P. O. Box 13326 Richmond, VA 23225 P. O. Box 218 Vinton, VA 24179 1001 Pocahontas Ave. Roanoke, VA 24012 P. O. Box 8691 Roanoke, VA 24014 P. O. Box 13888 Roanoke, VA 24038 3042133 3042142 3030403 3050207 3050315 John E. and Geneva Thornhill Exxon Corporation Virginia Foundry Company Racetrac Petroleum Inc. 3915 Winding Way Road Roanoke, VA 24015 P. O. Box 53 Houston, Texas 77001 P. O. Box 12806 Roanoke, VA 24028 300 Technology Court Smyrna, GA 30082 "Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 23rd day of April, 1990. Notary Public My Commission Expires: