HomeMy WebLinkAboutCouncil Actions 05-04-98WYATT
33797
R O/INOKE CITY CO UNCIL
REGULAR SESSION
May 4, 1998
12:lSp. m.
CITY COUNCIL CHAMBER
,4 GEND,4 FOR THE COUNCIL
Call to Order -- Roll Call. Council Members Parrott and Trout
were absent.
The Members of Council and City staff will participate in a tour of the New
Century Venture Center, 1354 Eighth Street, S. W., Roanoke, Virginia.
(To be reseheduled)
Recess until 2:00 p.m.
ROANOKE CITY CO UNCIL
REGULAR SESSION
May 4, 1998
2:00p. m.
CITY COUNCIL CHAMBER
,4 GENDA FOR THE COUNCIL
Call to Order -- Roll Call. A~ Present.
The Invocation was delivered by Mayor David A. Bowers.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Bowers.
W~l¢om~. Mayor Bowers.
NOTICE:
Meetings of Roanoke City Council are televised live on RVTV Channel 3.
Today's meeting will be replayed on Channel 3 on Thursday, May 7, 1998,
at 7:00 p.m.
ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL
RECEIVE THE CITY COUNCIL AGENDA AND RELATED
COMMUNICATIONS, REPORTS, ORDINANCES AND
RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE
COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR
REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED
IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA
MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456,
MUNICIPAL BUILDING, OR CALL 853-2541.
PRESENTATIONS:
Proclamation designating May 17-23, 1998 as Business Appreciation
Week.
File #3-450
Proclamation designating the month of May 1998 as Virginia Heritage
Tourism Weeks.
File #3-336
Presentation with regard to local preservation efforts. John R. Kern,
Director, Roanoke Regional Preservation Office; Rusty Pritchett,
President, Roanoke Valley Preservation Foundation; and Evelyn S.
Lander, Acting Chief of Community Planning.
Received and f'ded.
File//216
0
CONSENT AGENDA
(Approved 7-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE
CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY
COUNCIL AND WILL BE ENACTED BY ONE MOTION. TI-IERE
WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF
DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM
THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
3
C-1
C-2
A communication from Mayor David A. Bowers requesting an
Executive Session to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.1-
344 (A)(1), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in request for Council to convene in
File #110-132 Executive Session.
Minutes of the meeting of the Audit Committee of Roanoke City
Council held on Monday, April 20, 1998.
RECOMMENDED ACTION: Receive and file.
File #300
C-3
C-4
A communication from F. Wiley Hubbell tendering his resignation as a
member of the Board of Trustees, City of Roanoke Pension Plan.
RECOMMENDED ACTION: Receive and file the communication and accept
File #110-429 the resignation.
Qualification of S. Elaina Loritts-Duckett as a member of the Fair
Housing Board for a term ending March 31,2001.
RECOMMENDED ACTION: Receive and file
File #15-110-178
4
REGULAR AGENDA
3. HEARING OF CITIZENS UPON PUBLIC MATTERS:
ao
Request to address Council with regard to the City's current evaluation
formula used for tax assessments on taxicabs. William E. Roberts,
General Manager, Yellow Cab Services of Roanoke, Inc. (5 minutes)
The matter was referred to the Commissioner of the Revenue and
the City Attorney for report to Council.
File//47-79
Request to address Council with regard to permanent pay increases for
City of Roanoke retirees. Clarence R. Martin, President, Roanoke City
Retirees Association. (5 minutes)
File//18-60-429
The request was referred to 1998-99 budget study.
Council Member Swain requested that the City Manager and
the Director of Finance provide Council with their recommendation
regarding a permanent pay increase for City retirees for fiscal year
1998-99.
For consideration as a part of 1999-2000 budget study, Council
Member Trout requested that the Director of Finance report to
Council with regard to the steps that need to be taken to provide
for an annual permanent pay increase for City retirees.
Presentation with regard to student safety for Roanoke City Schools.
Dr, E. Wayne Harris, Superintendent, Spokesperson. (10 minutes)
Received and filed.
File//467
5
0
PETITIONS AND COMMUNICATIONS:
None.
5. REPORTS OF OFFICERS:
a. CITY MANAGER:
None.
ITEMS RECOMMENDED FOR ACTION:
A report recommending execution of a HOME Investment
Partnership Agreement with the Blue Ridge Housing
Development Corporation, and amendments thereto, if necessary,
in connection with a project to construct two units of affordable
housing for sale to eligible families.
Adopted Resolution No. 33797-050498.
abstained from voting.)
File #178-200-236
(6-0) (Mr. White
A report recommending execution of a lease agreement with the
Commonwealth of Virginia Department of Historic Resources for
use of office and laboratory space at Buena Vista Recreation
Center.
Adopted Ordinance No. 33798 on first reading. (7-0)
File #216-373
A report recommending adoption of a resolution whereby the City
agrees to accept responsibility for administration of the Virginia
Institute for Social Services Training Activities (VISSTA)
program, and authorization to execute an agreement with the
State Department of Social Services in connection therewith.
Adopted Resolution No. 33799-050498. (7-0)
File #72
b. DIRECTOR OF FINANCE:
A financial report for the month of March, 1998.
Received and filed.
File #1-10
6. REPORTS OF COMMITTEES:
ae
A report of the Roanoke Civic Center Commission recommending
delegation of authority to the Commission to rent the Civic Center for
productions or events on a long-term basis. J. W. Stephens,
Chairperson, Roanoke Civic Center Commission.
Adopted Ordinance No. 33800-050498. (7-0)
File #24-192
be
A report of the Bid Committee recommending execution of a contract
with Allegheny Construction Company, Inc., in the amount of
$163,780.00, for construction of Storm Water Management
Improvements at the Roanoke Centre for Industry and Technology.
Council Member John H. Parrott, Chairperson.
Adopted Ordinance No. 33801-050498.
Parrott abstained from voting.)
File #27-60-183-237
(6-0)
(Council Member
7
Co
A report of the Bid Committee recommending execution of a contract
with L. H. Sawyer Paving Company, Inc., in the amount of
$1,524,258.00, for asphalt concrete overlays and pavement profiling of
various streets within the City; and appropriation of funds in connection
therewith. Council Member John H. Parrot't, Chairperson.
Adopted Ordinance Nos. 33802-050498 and 33803-050498. (7-0)
Council Member Trout requested that the matter of soliciting State
funds for certain of the City's street paving needs be referred to the
Legislative Committee for consideration asa part of the City's 1999
Legislative Program.
File #60-137-514
de
A report of the Bid Committee recommending execution of a lump sum
contract with Alan L. Amos, Inc., in the amount of $152,839.00, for
demolition and asbestos abatement of 26 homes in the Garden City area.
Council Member John H. Parrott, Chairperson.
Adopted Ordinance No. 33804-050498. (7-0)
File #60-237
eo
A report of the Water Resources Committee recommending execution
of a new lease agreement with the State Department of Health for
property located at 530 Eighth Street, S. W., (Health Department Annex)
for a term of three years. Vice-Mayor Linda F. Wyatt, Chairperson.
Adopted Ordinance No. 33805 on first reading. (7-0)
File #22-166-373-468
A report of the Water Resources Committee recommending acquisition
of property located at 348 Campbell Avenue, S. W., to address
additional space needs of the Police Department; and appropriation of
funds in connection therewith. Vice-Mayor Linda F. Wyatt,
Chairperson.
Adopted Ordinance Nos. 33806-050498 and 33807-050498. (7-0)
File #2-5-60-373-468
A report of the Water Resources Committee recommending
authorization to advertise for sale to the general public certain surplus
City-owned property located on Nelms Lane, N. E. Vice-Mayor Linda
F. Wyatt, Chairperson.
Adopted Resolution No. 33808-050498. (7-0)
File #2-166-468
ho
A report of the Water Resources Committee recommending
authorization to acquire the necessary property rights from the State
Board for Community Colleges for the Colonial Avenue/McNeil Drive,
S. W. Signalization Project. Vice-Mayor Linda F. Wyatt, Chairperson.
Adopted Ordinance No. 33809-050498. (7-0)
File #2-20-467-468
A report of the Water Resources Committee recommending execution
of a lease agreement with First Campbell, L C, a Virginia Corporation,
for use of office and classroom space located at 210 First Street, S. W.,
to meet the needs of the Virginia Institute for Social Services Training
Activities (VISSTA) program and staff. Vice-Mayor Linda F. Wyatt,
Chairperson.
Adopted Ordinance No. 33810-050498. (7-0)
File #72-373-468
A report of the Water Resources Committee recommending that the
Caretaker's House for Mill Mountain Park be declared as surplus
property, and authorization to sell the structure to House Movers of
Roanoke Valley, Inc., for $100.00, or otherwise sell or demolish the
structure. Vice-Mayor Linda F. Wyatt, Chairperson.
Adopted Ordinance No. 33811 on first reading. (7-0)
File #2-67-468
A report of the Water Resources Committee recommending execution
of the appropriate lease agreement with the Times-World Corporation
for an initial period of fifteen years, with the option to renew for five
additional five-year terms, for use of the broadcast tower, building and
other radio facilities located on Mill Mountain. Vice-Mayor Linda F.
Wyatt, Chairperson.
Adopted Ordinance No. 33812-050498. (7-0)
File//67-227-373-468
A report of the Roanoke Valley Regional Cable Television Committee
recommending approval of the City's share of the budget for the
Government and Educational Access Cable Television Studio. Council
Member John H. Parrott, Chairperson.
Adopted Resolution No. 33813-050498. (7-0)
File//60-448
7. UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS:
Ordinance No. 33794, on second reading, authorizing a lease between
the City of Roanoke and CHS, Inc. (the "Lessee"), for the lease of
certain airspace over Crystal Spring Avenue, S. W., in the City, for a
term of sixty (60) years.
Adopted Ordinance No. 33794-050498 on second reading. (7-0)
File #21-324-373-468-481
Ordinance No. 33795, on second reading, permanently vacating,
discontinuing and closing a .06 acre parcel of land adjacent to Official
Tax Nos. 1260321 and 1260118 located on Oakwood Drive, S. W., and
a .04 acre parcel located adjacent to Official Tax No. 1260321, as shown
on the Map of Oak Hill Subdivision.
Adopted Ordinance No. 33795-050498 on second reading.
(Mayor Bowers abstained from voting.)
File #514
(6-0)
Ordinance No. 33796, on second reading, permanently vacating,
discontinuing and closing all of 10½ Street, S. W., and a 10 foot alley
lying parallel thereto.
Adopted Ordinance No. 33796-050498 on second reading. (7-0)
File 11514
9. MOTIONS AND MISCELLANEOUS BUSINESS:
ao
Inquiries and/or comments by the Mayor and Members of City
Council.
Vice-Mayor Wyatt commended the Director of Public Works on his
prompt response to a situation with regard to flashing lights in one
of the City's school zones.
File//20-183-467
Council Member White requested that the following matters be
referred to 1998-99 budget study:
A review of the impact of the pre-school program conducted
by the City of Roanoke and the Roanoke City Public Schools
for three and four year old children, the feasibility of
increasing funds, and the value of the return in terms of
children served and dollars expended. (It was suggested that
the matter should be discussed at a joint meeting of Council
and the Roanoke City School Board on Thursday, May 7 at
8:30 a.m.)
A review of the impact of increasing the $300,000.00 to
$600,000.00 for Capital Funding as recommended in the
proposed 1998-99 Supplemental Budget, or a dollar amount
to be recommended by the City Manager, but greater than
the proposed $300,000.00.
File//60-122-217-467
As a part of 1998-99 budget study, Council Member Swain
requested a report on the financial impact to the City of reducing
the real estate tax rate by two cents. He also requested a summary
of budget items that would have to be deleted in order to provide
for a two cents reduction in the real estate tax rate.
File #60-79
Council Member Swain referred to recent correspondence from the
Director of Public Works in regard to installing curb and sidewalk
from Lafayette Boulevard to Abbott Street, N. W., and from the
end of the Home Depot construction along Cove Road to the first
intersection; however, he stated that the correspondence did not
address the remainder of Cove Road.
The Director of Public Works advised that his letter was intended
to provide a status report on two high priority locations, but .was
not intended to suggest that it would be the end of consideration of
the request for curb and sidewalk along the Hershberger
Road/Cove Road Corridor.
File #20-57
Vacancies on various authorities, boards, commissions and committees
appointed by Council.
10. OTHER HEARING OF CITIZENS UPON PUBLIC
MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR OUR
CITIZENS TO BE HE~. IT IS A TIME FOR CITIZENS TO SPEAK
AND A TIME FOR COUNCIL TO LISTEN. MATTERS REQUIRING
REFERRAL TO THE CITY MANAGER WILL BE REFERRED,
WITHOUT OBJECTION, IMMEDIATELY FOR ANY NECESSARY
AND APPROPRIATE RESPONSE, RECOMMENDATION OR
REPORT TO COUNCIL.
CERTIFICATION OF EXECUTIVE SESSION: (7-0)
12
John H. Parrott was reappointed as a Commissioner of the Hotel
Roanoke Conference Center Commission for a term ending April 12,
2002.
File #15-110-247
Eva Darcel Walters was appointed as a member of the Roanoke Arts
Commission for a term ending June 30, 1998.
File #15-110-230
The following Virginia Municipal League Policy Committee nominations
were approved by Council:
Environmental Quality Policy Committee - Kit B. Kiser
Finance Policy Committee
General Laws Policy Committee
Human Development and Education
Policy Committee
Public Safety Policy Committee
Transportation Policy Committee
File #17
- James D. Grisso
- James O. Trout
- Vice-Mayor Linda F. Wyatt
- George C. Snead, Jr.
- Carroll E. Swain
13
APR.-30'98(THU) 14:47
CITY MANAGERS OFFICE
RECEIV£?"
CITY CLE?'.!~!-.;: !:[: ;;','
TEL:540 853 1138
P. O01
'98 /IPR 30 P3:02
May 4, 1998
Schedule of Events for 12:t5 City Council/Business Tour:
Business: The New Century Venture Center
Location:
1354 Eighth Street SW
Roanoke, Virginia
Tour Guide: Lisa Ison, President
What is it?
A small business incubator where businesses operate in one building with
shared services (copier, conference room, secretary/receptionist, etc.), until
they "graduate" or evolve into their own location. Ongoing counseling and
business resources are also provided by the incubator.
14:58 540 853 1138 P.O1
Given under our hands and the Seal of the City of Roanoke this fourth day of May
nineteen hundred and ninety-eight.
WHEREAS, Roanoke, Virginia, is pleased to have a thriving base of business
and industry to support the local economy; and
WHEREAS, these.., businesses provide essential employment opportunities for the
ci#~zens of Roanoke; and
WHEREAS. these businesses provide local revenues from which the entire local
citizenry benefit; and
WHEREAS,
these businesses also make significant contributions in our
communities to promote educational opportunities for our children
and a variety of activities which increase the quality of life of the
area.
NOW,
THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke,
Virginia, in recognition and appreciation of our existing businesses, do
hereby proclaim the week of May 17 - 23, 1998, throughout this great
All-America City, as
BUSINESS APPRECIATION WEEK.
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
CITY OF ROANOKE
1'0 i 1 1111
Given under our hands and the Seal of the Oty of Roanoke this fourth day of May
nineteen hundred and ninety-eight.
historic preservation is an effective tool for managing growth,
revitalizing neighborhoods, fostering local pride and maintaining
community character while enhancing livability; and
WHEREAS,
historic preservation is relevant for communities across the nation,
both urban and rural, and for Americans of all ages, all walks of
life and all ethnic backgrounds; and
it is important to celebrate the role of history in our lives and the
contributions made by dedicated individuals in helping to preserve
the tangible aspects of the heritage that has shaped us as a people;
and
WHEREAS,
"Celebrate Virginia" is the theme for Virginia Heritage Tourism
Weeks during the month of May, and "Preservation Begins at
Home" is the theme for National Preservation Week on May
10- 16; and
WHEtOe.~tS,
Heritage Tourism Weeks call for Virginians to recognize the
cultural and economic benefits which come from saving our history
and promoting historic sites visitation efforts, co-sponsored by the
Roanoke Regional Preservation Office, the Roanoke Valley
Preservation Foundation, and the Roanoke Valley Convention and
Visitors Bureau.
NOW, THEREFORE, I, David ,4. Bowers, Mayor of the City of Roanoke,
Virginia, do hereby proclaim the month of May, 1998, throughout this
great ,4ll-`4merica City, as
VIRGINIA HERITAGE TOURISM WEEKS.
ATTEST:
Mary F Parker
City Clerk
David A. Bowers
Mayor
ROANOKE
VAI J.EY
PRES~VA~ON
FOUNDATION
^pri 22, 1998
Ms. Mary Parker
Roanoke City Clerk
215 Church Ave., SW
Roanoke, VA 24011
Dear Ms. Parker:
'98 /tPP,, 27
In the annual emphasis on preservation activities, National Preservation Week
will be observed May 10-16 and Virginia Heritage Tourism Weeks has expanded
into thc month-long "Celebrate Virginia" cultural tourism program, now
extending through the entire month of May.
Rusty Pritchctt, President This joint program of the National Trust for Historic Preservation and the
Mary Beth Layman, Pres. Elect Department of Historic Resources and Tourism will focus attention on state and
Evelyn S. Lander, Secretary
Helen Roberts Hill, Treasurer
TRUSTEES
Doug Baker
Michael B. Barber
Evelyn D. Bethel
Kent D. Chrisman
Alison Blanton
Nancy K. Carson
Victoria Coogan
Dr. Rupert Cutler
Perry R. Downing
Whitney Feldmann
lohn D. Fulton, Jr.
Leslie Giles
Al Holland, Sr.
Dr. Deedie Kagey
George Kcglcy
Dr. Mark F. Miller
Dr. Warren L. Moorman
Dr. Norma Jean Peters
Darlene Richardson
J. David Robbins
June V. Shapiro
William F. Trinkle
Dan Vogt
Jim Woltz
local history and on the economic benefits of historic sites visitation. The
Roanoke Regional Preservation Office, the Roanoke Valley Preservation
Foundation and local preservation organizations will join in the commemoration
of heritage tourism in our community. The theme of National Preservation Week
is "Preservation Begins at Home." This is a time when we recognize the cultural
and economic benefits of saving and enhancing the buildings in which we live
and work and to celebrate the history of and promote visitation to our own
hometown community.
On behalf of the Regional Preservation Office and The Preservation Foundation, I
ask for the opportunity to appear on the Roanoke City Council's agenda on May
4 at 2:00 PM. We would also request a proclamation by the Mayor and City
Council for Virginia Heritage Tourism Weeks. A sample proclamation is
enclosed and we would like to receive the proclamation at the May 4 Council
meeting. Dr. John Kern, Director of the Regional Preservation Office; Ms Evie
Lander, Roanoke Office of Commtmity Planning; Mr. Rusty Pritchett, President
of RVPF and I would like to present a Certificate of Recognition for a local
preservation effort. In addition, the Preservation Foundation will announce an
Annual Valley Award for Governmental Excellence in Preservation. Thank you
for your assistance.
Sincerely,
Governmental Relations Committee
CC:
Dr. ]ohn Kern
Ms. Evie Lander
Mr. Rusty Pritchett
P. O. BOX 1558
ROANOKE, VA 24007
PROCLAMATION
VIRGINIA HERITAGE TOURISM WEEKS
WHEREAS, historic preservation is an effective tool for managing growth, revitalizing
neighborhoods, fostering local pride and maintaining community character while enhancing
livability; and
WHEREAS, historic preservation is relevant for communities across the nation, both urban and
rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and
WHEREAS, it is important to celebrate the role of history in our fives and the contributions
made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has
shaped us as a people; and
WHEREAS, "Celebrate Virginia" is the theme for Virginia Heritage Tourism Weeks the month
of May, and "Preservation Begins at Home" is the theme for National Preservation Week, May
10-16; and
WHEREAS, Heritage Tourism Weeks calls for Virginians to recognize the cultural and
economic benefits which come from saving our history and promoting historic sites visitation
efforts, co-sponsored by the Roanoke Regional Presrvation Office and the Roanoke Valley
Preservation Foundation.
NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke, do hereby proclaim
the month of May, 1998 as
VIRGINIA HERITAGE TOURISM WEEKS
and call upon our citizens to recognize and participate in this special observation.
David A. Bowers, Mayor, City of Roanoke
DAVID A. BOWERS
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE S.W. - ROOM 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540) 853-244~
FAX: (540) 853-1145
May 4, 1998
The Honorable Vice-Mayor and
Members of Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
I wish to request an Executive Session to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended.
Sincerely,
Mayor
DAB:se
MINUTES OF THE AUDIT COMMITTEE OF ROANOKE CITY COUNCIL
RECE~VE~
CITY '~' ~-~'~ ~'~: ·
'J L E. ~*, T ', .1 .
April 20, 1998
'98 APR 27 AtO:30
CALL TO ORDER:
The meeting of the Roanoke City Audit Committee was called to order at 11'15 a.m. on Monday,
April 20, 1998, with Chairman, William White, Sr., presiding.
· The roll was called by Ms. Barger
Audit Committee
Members Present:
William White, Sr., Chairman
Mayor David Bowers
Carroll E. Swain
C. Nelson Harris
Others Present:
Robert H. Bird, Municipal Auditor
W. Robert Herbert, City Manager
James D. Ritchie, Assistant City Manager
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
David C. Anderson, Treasurer
Sherman A. Holland, Commissioner of Revenue
Glenn D. Radcliffe, Director of Human Development
Barry K. Agnew, Administrator Pay/Classification
Nadine Harris, Payroll Supervisor
Diane S. Akers, Budget Administrator
Thomas F. Baldwin, Assistant Municipal Auditor
Denise E. Stewart, Senior Auditor
Evelyn W. Barger, Administrative Assistant
Robert S. Renaud, Auditor
Troy A. Harmon, Senior Auditor
2. FINANCIAL AUDITS
Human Services Committee
Cultural Services Committee
Clerk of Circuit Court
Mr. White ordered that the financial audit reports be received and filed. There were no objections
to the order.
Chairman White recognized Mr. Bird for comments. Mr. Bird recognized the in-charge auditors
who summarized their reports. Mrs. Stewart briefed the Committee on the Human Services and
Cultural Services audit reports. Mr. Swain requested that in the future, we add a column to the
report which indicates which agencies have the same deficiencies repeated. Mr. Renaud briefed
the Committee on the Clerk of Circuit Court audit report. There were no questions.
Audit Committee Minutes Page 2
FINANCIAL RELATED AUDITS:
A. Payroll Time Entry
B. Records Management
Mr. White ordered that the financial related audit reports be received and filed. There were no
objections to the order.
Mr. White recognized Mr. Bird for comments. Mr. Bird recognized the in-charge auditors who
summarized their reports. Mr. Renaud briefed the Committee on the Payroll Time Entry audit
report. Mr. Grisso informed the Committee that the results of the audit were minor exceptions
and that Payroll and Personnel will be providing training to over the next year.
Evelyn Barger briefed the Committee on the Records Management audit. Mr. White asked how
the City was coming along with looking into have a centralized place to store records. Mr.
Herbert informed the Committee that management was looking into using the old Nursing Home
as a possible site. Mr. Herbert also said that Diane Smallwood would be requiring all City
personnel responsible for records attend training in the very near future.
e
UNFINISHED BUSINESS:
None.
NEW BUSINESS:
A. School Board Auditor
Mr. White recognized Mr. Bird for comments. Mr. Bird informed the Committee that the School
Board budget included audit services. Municipal Auditing will provide one full time equivalent of
audit work to the School Board and will be responsible for hiring assistants who will be in the
City's classified service. The School Board Audit Committee will receive the written reports.
The reports will be available for the City's Audit Committee, but will not be presented for
discussion at City Audit Committee meetings.
Mr. Swain requested that the audit department look into the possibility of performing an analysis
of vehicle usage for the City's fleet. Mr. White asked Mr. Bird to determine the scope of such an
audit and report back at the June 1 meeting.
Audit Committee Minutes Page 3
e
ADJOURNMENT:
There being no further business, the meeting adjourned at 11:50 a.m.
William White, Sr., Chairman
MARY F. PARKER, CMC/AAE
· City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
May 11, 1998
File #110-429
SANDRA H. EAKIN
Deputy City Clerk
Mr. F. Wiley Hubbell
3712 Peakwood Drive, S. W.
Roanoke, Virginia 24014
Dear Mr. Hubbell:
Your communication tendering your resignation as a member of the Board of Trustees,
City of Roanoke Pension Plan, effective June 30, 1998, was before the Council of the City
of Roanoke at a regular meeting which was held on Monday, May 4, 1998.
On motion, duly seconded and unanimously adopted, your resignation was accepted with
regret and the communication was received and filed.
The Members of City Council requested that I express sincere appreciation for your
willingness to serve the City of Roanoke as a member of the Board of Trustees, City of
Roanoke Pension Plan from December 8, 1975 to June 30, 1998. Please find enclosed
a Certificate of Appreciation and an aerialview photograph of the Roanoke Valley which
was issued by the Mayor on behalf of the Members of the Roanoke City Council.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Enclosure
Robert E. Tonkinson, Jr, Vice-Chairperson, Board of Trustees, City of Roanoke
Pension Plan, 1830 Belleville Road, S. W., Roanoke, Virginia 24015
James D. Grisso, Secretary-Treasurer, Board of Trustees, City of Roanoke Pension
Plan
Jamt ~ D. Grisso
Secretary-Treasurer
Joyce L. Sparks
Retirement Administrator
April 15, 1998
Honorable David A. Bowers, Mayor
City of Roanoke
335 W. Church Avenue
Roanoke, VA 24016
CITY OF ROANOKE
LAN
RECEIVED
APR i 3 1998
MAYORS ~"'~:'' ~"
Dear Mayor Bowers:
As you know, my current term on the Board of Trustess of the City of
Roanoke Pension Plan expires June 30, 1998. I came on the Board in
February 1976 and have served as Chairman since July 1977.
It's hard to believe that so much time has elapsed. The reason is that I have
enjoyed the work on the Board, the people with whom I have worked and the
results that have been achieved. We have been blessed by having an
extremely favorable economic environment over the years, fine participation
by Board members and an outstanding staff. Jim Grisso and his staff have
been extremely helpful to me and Joel Schlanger made a major contribution,
as well, in earlier years.
As the saying goes "Nothing is forever" and I feel that it's time for me to step
aside. We do have an outstanding young man who is currently Vice-
Chairman of the Board, namely Rob Tonkinson, Vice President of Financial
Planning and Budgeting, of Carilion.
As a result of Rob's considerable experience with Carillon and his natural
ability in financial matters, I would highly recommend him as my successor.
While he has been on the Board he has proven to me that he would be an
excellent chairman.
215 Church Avenue, Room 461, P.O. Box 1220 · Roanoke, Virginia 24006 · (540) 853-2062 · Fax: (540) 853-2940
Honorable David A. Bowers, Mayor
April 15, 1998
Page 2
Let me finish by saying once again how much I have enjoyed working on this
Board. It has given me an important opportunity to participate and make
a fruitful contribution of my t/me.
~11
Chairman
FWH:s
c: James D. Grisso, Secretary-Treasurer
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 l- 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
May 7, 1998
File #15-110-178
SANDRA H. EAKIN
Deputy City Clerk
G. David Nixon, Chair
Fair Housing Board
920 Welton Avenue, S. W.
Roanoke, Virginia 24015
Dear Mr. Nixon:
This is to advise you that on April 20, 1998, S. Elaina Loritts-Duckett qualified as a
member of the Fair Housing Board for a term ending March 31, 2001.
Sincerely,
Mary F. Parker, CMClAAE
City Clerk
MFP:Io
pc:
Delores C. Daniels, Secretary, Fair Housing Board
Sandm H. Eakin, Deputy City Clerk
N:~CI(LO1 ~N:~ENDAE~MAY4,W~)
REOE~VED
f.;fTY OLE?',';:,:" rji"F :
I I
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, $. Eiaina Loritt~-Duckett, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member of the Fair Housing Board for a term ending March
31, 2001, according to the best of my ability. So help me God.
Subscribed and sworn to before me this ;~ day of/~C)d [ 1998.
ARTHUR B. CRUSH, Ill, CLERK
/
BY ~ ~F)~~~DEPUTYCLERK
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-I145
May 13, 1998
File #47-79
SANDRA H. EAKIN
Deputy City Clerk
The Honorable Sherman A. Holland
Commissioner of the Revenue
Roanoke, Virginia
Wilbum C. Dibling, Jr.
City Attorney
Roanoke, Virginia
Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 4, 1998,
William E. Roberts, General Manager, Yellow Cab Company, addressed Council with regard to a
class distinction between taxicabs and personal vehicles which should be reflected in the City of
Roanoke tax assessment. He called attention to Virginia Tax Code, Article I, Section 58.1-3503,
which states that for the purpose of tax assessment, taxicabs are a separate category and should be
assessed accordingly. He advised that the issue relates to the fair market value for taxicabs and
Yellow Cab Company is of the opinion that taxicabs purchased with over 100,000 miles from the
Virginia State Police, equipped, altered and painted for use as a taxicab, are not of the same value as
a private vehicle of the same model and year. He requested that the City of Roanoke tax assessment
reflect a fair percentage in assessing taxicabs.
On motion, duly seconded and unanimously adopted, the matter was referred to you for study and
report to Council.
It having been alleged that there are conflicting tax laws, Vice-Mayor Wyatt requested that the City
Attorney address the specific issue of which tax law takes precedence.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
Ml~:lo
pc:
William E. Roberts, Manager, Yellow Cab Company, 200 Shenandoah Avenue,
N. E., Roanoke, Virginia 24016
The Honorable Sherman A. Holland
Wilburn C. Dibling Jr.
May 13, 1998
Page 2
pc: W. Robert Herbert, City Manager
0~/23/1~8 1~: 1~ FRO~ ROANOKE ~IRPORT LIMOUSINE TO 8531145 P.81
'98 APR 23 P3:29
M~. Mary Parker
Roanoke Cio/Clerk's Office
Roanoke, VA
Dear Ms. Parker,
I, William E. Roberts, General lVlanag~ of Yellow Cab Services of Roanoke, would like
to request time on the city counoil's agenda for thc May 4, 1998, 2:00 p.m. sessio~ The
nature of our appearance relates to thc currant evaluation formula used for thc tax
assessment of taxicabs by h~e City of Roanoke.
If any additional information is ~ pt~ call m~ at 345-7710.
Sincerely,
Yellow Cab Servk~s of Roanoko,
TOTAL
APR-23-1998 15:18 1 ~3 362 8~6 92~ P.OI
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, $. W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
Mary F. Parker, CMCIAAE
City Clerk
May 7, 1998
File #18-60-429
Sandra H. Eakin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Gentlemen:
James D. Grisso
Director of Finance
Roanoke, Virginia
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
May 4, 1998, Mr. Clarence R. Martin, 155 Huntington Blvd., N. E., addressed Council with
regard to permanent pay increases for City of Roanoke retirees.
On motion, duly seconded and unanimously adopted, the request was referred to 1998-99
budget study.
For consideration as a part of 1999-2000 budget study, Council Member Trout requested
that the Director of Finance report to Council with regard to the necessary actions to
provide for an annual permanent pay increase for City retirees.
Sincerely, ~~
Mary F. Parker, CMClAAE
City Clerk
MFP:Io
pc: Clarence R. Martin, 155 Huntington Blvd., N. E., Roanoke, Virginia 24012
N:~CI~.O1 ~N3ENDAg~dAY4.WF~
REC£!VEE)
CITY CLE~ii'L!': C :: :~.:
'98 ~PR 20 P3:2~
Roanoke
CITY
City Public Schools
Public Information Office · P.O. Box 13145, Roanoke, Virginia 24031
'98 / PR 24 P1:24
April 23, 1998
Mrs. Mary Parker
Clerk to City Council
City Municipal Building
215 Church Avenue
Roanoke, VA 24011
Dear Mrs. Parker:
The Roanoke City Public Schools welcomes the opportunity to share instructional innovations and
highlights with City Council. The Superintendent requests that a presentation on Student Safety, no longer
than 10 minutes in length, be included as an agenda item for the 2:00 p.m. session of the City Council
meeting on Monday, May 4, 1998.
Miss Ann Harman, Executive for Student Services, will assist the Superintendent in the presentation.
If agreed as part of the agenda, they will need an overhead projector and screen.
We look forward to this sharing opportunity with Council. If I may answer any additional questions,
please don't hesitate to call (2816).
Sincerely,
Lissy Runyon
Public Information Officer
/il
CC:
Mr. James Ritchie
Dr. E. Wayne Hams
Miss Ann Harman
Excellence in Education
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
Mary F. Parker, CMCIAAE
City Clerk
May 7, 1998
File # 178-200-236
Sandra H. F. akin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 33797-050498 authorizing the appropriate City
officials to enter into the 1997-98 HOME Investment Partnership Agreement with the Blue
Ridge Housing Development Corporation, and any necessary amendments thereto, upon
certain terms and conditions. The aboveraferanced measure was adopted by the Council
of the City of Roanoke at a regular meeting which was held on Monday, May 4, 1998.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
Attachment
Alvin L Nash, Executive Director, Blue Ridge Housing Development Corporation,
4220 Pinkard Street, Roanoke, Virginia 24014
James D. Grisso, Director of Finance
William F. Clark, Director, Public Works
Glenn D. Radcliffe, Director, Human Development
Daniel H. Pollock, Jr., Coordinator, Housing Development
Ila C. Fan'is, Senior Accountant, Finance
Frank E. Baratta, Grants Monitor, Grants Compliance
N:tCKLO1 ~AQENOAg~U~IAY4.WPO
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of May, 1998.
No. 33797-050498.
A RESOLUTION authorizing the appropriate City officials to
enter into the 1997-98 HOME Investment Partnership (HOME) Program
Agreement, and any necessary amendments thereto, with the Blue
Ridge Development Corporation, dpon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke that the
City Manager or the Assistant City Manager and City Clerk are
hereby authorized to execute and attest, respectively, on behalf of
the City, the 1997-98 HOME Investment Partnership (HOME) Program
Agreement with the Blue Ridge Development Corporation, and any
necessary amendments thereto, if necessary, approved as to form by
the City Attorney, within the limits of funds and for the purposes
as are more particularly set forth in the City Manager's report
dated May 4, 1998.
ATTEST:
City Clerk.
I I:~RE~',R-I IC)~.t BRI I
°98 /tPR 29 /~8:09
Roanoke, Virginia
· ~3 ~.?~ May 4, 1998
' ' 98-08
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject: HOME Investment Partnerships (HOME) Program Agreement with the
Blue Ridge Housing Development Corporation (BRHDC)
Ao
Each year since 1992, the City of Roanoke has received a HOME entitlement grant
from the U.S. Department of Housing and Urban Development (HUD). HOME funds
are used to increase the amount of affordable housing available to eligible families.
Bo
Of each HOME grant: 15 % must be reserved for CHDO pr~ects. A Community
Housing Development Organization, or "CHDO," is a nonprofit agency certified by
the City or the Commonwealth of Virginia as meeting specific HUD guidelines
regarding purpose, structure and operations. An additional 5 % of each HOME grant
received by the City. may be provided to CHDOs for their general operating expenses.
C. BRHDC is a certified CHDO and has conducted housing projects since 1991, including
a nearly completed CHDO project on the 600 block of Loudon Avenue.
II. Current Situation:
Ao
BRHDC requested funds for construction costs and operating expenses in response to
the City's 1997-98 HOME Request-for-Proposals (RFP). The funds would provide two
units of affordable housing (one in Historic Gainsboro, the other in Southeas0 for sale
to eligible families.
City Council authorized $115,000 in CHDO funding for BRHDC as part of the 1997-
98 Consolidated Plan Annual Update (hereafter, "Annual Update") approved for
submission to HUD on May 12, 1997, by Resolution No. 33402-051297. HUD's
written approval of the plan was received July 3, 1997. The funding for BRHDC
consists of $105.000 for construction costs and $10,000 for operating expenses.
C. City Council must approve execution of an agreement with the BRHDC in order to
implement this HOME project and permit payment to the BRHDC for costs incurred.
Do
HOME funds must be matched at a rate of 12,5 %, which does not apply to CHDO
operating expenses. The match requirement for this BRHDC project will be $13,125.
The Office of Grants Compliance has recorded the necessary match through program
Members of Council
Page 2
III. Issues:
income from closed-out Urban Development Action Grant (UDAG) activities. Such
program income, which is used to support portions of the City's HOME program, is
credited toward the City's overall match requirement. No outlays of City funds will
be needed for match purposes for this BRHDC project.
A. Cost to the City.
B. Progress in committing CHDO funds.
C. Impact on neighborhood revitalization.
D. Consistency with the Annual Update.
IV. Alternatives:
Ad
Authorize the City Manager or the Assistant City Manager to execute, and the City
Clerk to attest, a HOME Agreement with the BRHDC (similar in form and content to
Attachment 1) and amendments thereto, if necessary, approved as to form by the City
Attorney. Any such amendments shall be within the limits of the funds appropriated
by City Council and the purposes set forth in the Agreement for the project.
Cost to the City will be $115,000 in HOME funds; funding is available in the
following accounts.
035-090-5305-5339 BRHDC CHDO Project $105,000
035-090-5305-5342 BRHDC CHDO Operating $10,000
Progress in committing CHDO funds will be achieved. Any CHDO funds not
committed to projects within two years of award to the City may be withdrawn
by HUD. This project completes the commitment of all CHDO funds which
must be committed by June 30, 1999.
Impact on neighborhood revitalization will be positive. Upon completion of the
project, two properties will have been made available for homeownership. This
will enhance the appearance, property values and stability of the neighborhoods,
while increasing the City's stock of decent, affordable housing.
Consistency with the Annual Update will be attained. The project and funding
covered by this Agreement are specifically authorized in the 1997-98 Annual
Update for implementation by the BRHDC.
Members of Council
Page 3
B. Do not authorize execution of this HOME A~,reement with the BRHDC.
Cost to the City will not be an issue. Funding identified above will remain
available.
Progress in committing CHDO funds will be delayed and other CHDO projects
would need to be developed to avoid withdrawal of funds by HUD.
Impact on neighborhood revitalization would be negative in that the opportunities
for added stability through homeownership will not be made available.
Consistency with the Annual Update would not be attained, since the BRHDC is
specifically identified as the agency which will conduct the project covered by
this Agreement.
V. Recommendation:
Concur with Alternative A, authorizing the City Manager or the Assistant City Manager to
execute, and the City Clerk to attest, a HOME Agreement with the BRHDC (similar in form
and content to Attachment 1) and amendments thereto, if necessary, approved as to form by
the City Attorney. Any such amendments shall be within the limits of the funds
appropriated by City Council and the purposes set forth in the Agreement for the project.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH:FEB
Attachment
C~
Assistant City Manager
City Attorney
Director of Finance
Director of Public Works
Director of Human Development
Housing Development Coordinator
Senior Accountant, Finance Department
Office of Grants Compliance
Executive Director, Blue Ridge Housing Development Corporation
Attachment 1
AGREEMENT
This Agreement is made and entered into this __
parties:
day of__
., 1998, by and between the following
The Grantee
City of Roanoke, Virginia
215 Church Avenue, S.W.
Roanoke, Virginia 24011
The Subgrantee
Blue Ridge Housing
Development Corporation, Inc.
4220 Pinkard Street
Roanoke, Virginia 24014
WITNESSETH:
WHEREAS, by Resolution No. 33432-061697 the Roanoke City Council approved the 1997 HOME
Investment Partnerships (HOME) program and by Ordinance No. 33431-061697 appropriated funds
therefor; and
WHEREAS, by Resolution No. __ the Roanoke City Council approved the execution of a
subgrant agreement between the Grantee and the Subgrantee; and
WHEREAS, the Subgrantee has been certified by the Commonwealth of Virginia to be a bona fide
Community Housing Development Organization CCHDO"), as defined by the U.S. Department of
Housing and Urban Development ("HUD"); and
WHEREAS, the Subgrantee is experienced in providing services to and on behalf of citizens of low and
moderate income;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. USE OF HOME FUNDS:
ao
Funds under this Agreement shall be used by the Subgrantee to newly construct or rehabilitate
two single-family homes for sale to HOME-eligible families, as defined by HUD and described
in paragraph 1.b. below. One property each shall be located in the "Historic Gainsboro" and
the "Southeast" areas of the City. Expenditures may include acquisition of land and structures,
title and recording, counsel's fees, property appraisal, surveying, construction labor and
materials, or other project and CHDO operating expenses as may be necessary, reasonable and
allowable under HUD regulations.
Page 1 of 10
"HOME-eligible family" -- For the purposes of this Agreement, this term shall mean a family
that will use the property being purchased as its principal residence and whose income, adjusted
for family size, does not exceed 80% of the area median income established by HUD and in
effect at the time of sale. The Subgrantee shall prepare and retain with records of the project
documentation that it has determined each homebuyer family's income. Such documentation
shall include the names, ages, and the sources and amounts of income anticipated for the
succeeding twelve months for each individual related by birth, marriage or adoption living in
the same household at the time of the determination. In the event the sale of the property to the
family does not occur within six months of the income determination, a new income
determination shall be made to ensure the family meets the income criteria in effect at the time
of sale.
Co
Period of this Agreement -- This Agreement shall be effective as of__
amended, shall end June 30, 1999.
__, 1998, and, unless
d. Schedule -- By June 30, 1999, the Subgrantee shall have completed construction of the
properties and closed on their sale.
eo
Match -- Funds drawn from the Grantee's HOME Investment Trust Fund must be matched in
accordance with the requirements of 24 CFR 92.218 through 92.222. The Grantee's Office of
Grants Compliance shall be responsible for determining the amount and ensuring crediting of
matching funds required pursuant to this Agreement. The Subgrantee shall report regularly to
the Grantee all activities which may be credited against the HOME match requirement.
fo
B_aflg~ -- The total HOME funds to be provided by the Grantee under this Agreement is
$115,000. Of these funds, not more than $10,000 may be used for eligible CHDO operating
expenses. In addition, up to $5,000 of the funds may be used for downpayment and closing cost
assistance to the homebuyers. At the Grantee's sole discretion, any funds remaining unexpended
at the end date of this Agreement or the completion of construction of the properties and closing
on their sale, whichever occurs sooner, may be deobligated from the Agreement and made
available for other HOME or HOME/CHDO projects, as appropriate. The award of funds
under this Agreement does not commit the Grantee to award any other funding to the project.
AFFORDABILITY:
a. The Subgrantee shall ensure that the property(ies) assisted under this Agreement comply with
the affordability requirements at 24 CFR 92.254, including, but not limited to, the following:
(1) The homebuyers shall be HOME-eligible families, as described in paragraph 1.b. above;
(2) The initial purchase price of each property shall not exceed $127,750; and
(3)
For a period of up to 15 years, depending on the total amount of HOME funds invested,
each property shall be available for purchase only by a HOME-eligible family; otherwise up
to the full HOME investment shall be repaid to the Grantee. These restrictions will be
enforced pursuant to paragraph 12 of this Agreement.
Page 2 of 10
b
The Subgrantee shall monitor all HOME-assisted properties to ensure maintenance of their
affordability for the minimum period. Monitoring procedures of the Subgrantee must be in
accordance with HUD regulations.
3. REQUESTS FOR DISBURSEMENTS OF FUNDS:
Disbursement of funds under this Agreement shall not be requested until the funds are needed
for payment of eligible costs. The amount of each disbursement request must be limited to the
amount needed.
bo
Requests for disbursement of funds shall be submitted to the Grantee's Office of Grams
Compliance and shall include copies of the invoices from contractors, businesses or other entities
for the work performed or CHDO operating expenses incurred. Upon approval of the request
by the Office of Grants Compliance and the Grantee's Project Manager, if any, the Grantee shall
disburse the funds to the Subgrantee.
Co
All requests for disbursements with respect to costs incurred during the period of this
Agreement, as set forth in part 1.c., must be received by the Grantee within 60 calendar days
of the ending date of this Agreement. The Grantee shall not be bound to honor requests for
disbursements received after this 60-day period has elapsed.
4. PROJECT REQUIREMENTS:
In addition to the affordability provisions described in paragraph 2. above, the Subgrantee shall
comply with other applicable project requirements set forth in Subpart F of 24 CFR part 92, in
accordance with the type of project assisted. Such other requirements include, but are not
necessarily limited to, the following.
Maximum per-unit subsidy amount -- The total amount of HOME funds invested shall not
exceed $58,028 for a one-bedroom unit, $70,562 for a two-bedroom unit, $91,283 for a
three-bedroom unit, and $100,200 for a unit with four or more bedrooms.
be
Property. standards -- All housing assisted under this agreement must, upon project completion,
meet the property standards and lead-based paint requirements in 24 CFR 92.251 and 92.355,
respectively, as well as local Building Code standards.
Conditions for religious organizations -- The Subgrantee shall not grant or loan any HOME
funds to primarily religious organizations for any activity including secular activities. In
addition, HOME funds may not be used to rehabilitate or construct housing owned by primarily
religious organizations or to assist primarily religious organizations in acquiring housing. In
particular, there shall be no religious or membership criteria for tenants or buyers of any
HOME-assisted properties.
5. OTHER PROGRAM REQUIREMENTS:
The Subgrantee shall carry out each activity in compliance with all federal laws and regulations
Page 3 of 10
described in subpart H of 24 CFR 92, except that the Subgrantee does not assume the Grantee's
responsibilities for environmental review in 92.352 or the intergovernmental review process in
92.357. In particular, the following provisions apply to the project described in paragraph I of this
Agreement:
ao
Equal Opportunity and Fair Housing -- (1) No person in the United States shall on the grounds
of race, color, national origin, religion, or sex be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity funded in whole or
in part with HOME funds. (2) To the greatest extent feasible, contracts for work to be
performed in connection with any project under this Agreement shall be awarded to business
concerns which are located, or owned in substantial part by persons residing, in the Roanoke
metropolitan area. (3) To the greatest extent feasible, minority business enterprises and women
business enterprises shall be used when possible in the procurement of property and services.
bo
Minimizing Displacement -- The Subgrantee must ensure that it has taken all reasonable steps
to minimize the displacement of persons (families, individuals, businesses, nonprofit
organizations, and farms) as a result of the activities in paragraph 1 above. To the extent
feasible, any existing residential tenants of the property(ies) identified in paragraph 1 above must
be provided reasonable opportunity to purchase the rehabilitated property, if the existing tenants
are qualified as low-income home buyers, if the property is affordable to the existing tenants
after rehabilitation, and if the existing tenants can obtain mortgage financing for the purchase.
Co
Historic Review -- As part of the Grantee's environmental review responsibilities, all proposals
for HOME-assisted rehabilitation or demolition in the City shall be submitted to the Grantee for
determination of the structure's eligibility for inclusion on the National Register of Historic
Places. If a property is historically eligible, all project plans and specifications will be submitted
to the Grantee for review as to compliance with Section 106 of the National Historic
Preservation Act.
lead-based Paint -- Housing assisted with HOME funds constitutes HUD-associated housing for
the purpose of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821, et seq.) and
is, therefore, subject to 24 CFR Part 35. In accordance with these regulations, the Subgrantee
shall comply with the Grantee's Lead-Based Paint Abatement policies and procedures, and in
no case shall use lead-based paint in the construction or rehabilitation of the property(ies)
assisted under this Agreement.
eo
Debarment and Suspension -- The Subgrantee will submit to the Grantee's Office of Grants
Compliance all names of contractors and subcontractors hired, to determine if such contractors
or subcontractors are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in federal transactions.
fo
~ -- As part of the Grantee's environmental review responsibilities, the Grantee's
Office of Grants Compliance will review all proposed HOME-assisted projects to determine if
they are located in a flood hazard area. If a project is located in a flood hazard area, the
Subgrantee shall ensure that flood insurance under the National Flood Insurance Program is
obtained and maintained for the duration of this Agreement.
Page 4 of 10
6. PROGRAM INCOME AND REPAYMENTS:
a. Payment of Proceeds from Sale:
(1)
Upon the Subgrantee's sale of the property(ies) cited in paragraph 1, gross proceeds shall
be distributed as follows: first, private lending institutions shall be repaid; second, the
Subgrantee shall recover its funds invested in the project; third, the Subgrantee shall retain
a developer's fee, as defined in subparagraph (2) below; and fourth, the Grantee's HOME
Investment Trust Fund shall be repaid any funds remaining. Should the gross proceeds be
insufficient to allow the Subgrantee to recover its invested funds and/or retain a developer's
fee, the Grantee shall not be liable for the deficiency.
(2)
Where the gross proceeds from the sale of the property(ies) cited in paragraph 1. permit, the
Subgrantee shall receive a developer's fee for each property. This fee shall be deemed in
compensation for the effort expended by the Subgrantee associated with conducting the
project. The amount of the fee shall be 7.5 % of the "adjusted project budget," as defined
in subparagraph (3) below, up to a maximum of $5,000. For projects involving more than
one property, the base for computing each developer's fee shall be the adjusted project
budget divided by the number of properties to be sold to low-income homebuyers under the
project.
(3)
For the purposes of this paragraph, the "adjusted project budget" shall mean the total project
budget minus any amounts budgeted as CHDO operating funds or any amounts designated
under this or any other Agreement for use by other entities to provide for relocation of
current tenants of the property(ies), downpayment/closing cost or other homebuyer
assistance, or other forms of assistance not directly associated with the production of the
housing.
In the event this project is terminated before completion, any HOME funds disbursed to the
Subgrantee pursuant to this Agreement, whether or not expended, shall be repaid by the
Subgrantee to the Local HOME Investment Trust Fund. For the purposes of this Agreement,
the phrase "terminated before completion" shall mean that the Subgrantee discontinues efforts
on the project prior to completing construction of the properties to the satisfaction of the
Grantee, closing on their sale and submitting to the Grantee of all required documentation such
as, but not limited to, covenants executed and recorded to ensure maintenance of affordability.
c. All repayments, interest and returns on the investment of HOME funds shall be returned to the
Grantee within 15 days of receipt by the Subgrantee.
7. RECORDS AND REPORTS:
The Subgrantee agrees to submit such reports as may be requested by the Grantee concerning the
activities conducted under this Agreement. Further, the following shall apply to financial and
project records pertaining to this Agreement:
Page 5 of 10
a. Records to be maintained -- At a minimum, the Subgrantee shall maintain financial and project
documents and records which comply with the applicable requirements of 24 CFR 92.508.
bo
Period of record retention -- The Subgrantee shall retain financial and project documents and
records pertaining to this Agreement in compliance with the applicable requirements of 24 CFR
92.508(c).
Access to records -- The Grantee and other entities shall have access to financial and project
documents and records pertaining to this Agreement in compliance with the applicable
requirements of 24 CFR 92.508(d).
8. UNIFO~ ADMINISTRATIVE REQUIREMENTS:
As an entity operating independently from the Grantee, the uniform administrative requirements in
24 CFR 92.505 (including those related to procurement of goods and services) and the conflict of
interest provisions found in 24 CFR 85.36 and OMB Circular A-110 do not apply to the Subgrantee.
However, at a minimum, the Subgrantee must have financial accountability standards which
conform to OMB Circular A-133 and to the "Standards for Financial Management Systems" as
detailed in OMB Circular A-110.
9. MONITORING:
The Subgrantee shall monitor progress of the HOME-funded project covered by this Agreement,
and shall submit appropriate reports to the Grantee's Office of Grants Compliance. Not less than
annually, the Grantee shall monitor the Subgrantee for records retention and compliance with the
regulations of 24 CFR Part 92, as referenced herein.
10. ANNUAL AUDIT:
As an entity receiving less than $300,000 in federal funding from the Grantee, the Subgrantee shall
not be required by the Grantee to undergo an annual independent audit of the HOME expenditures
under this Agreement. Furthermore, no expenditures with respect to any such audit undertaken at
the Subgrantee's own initiative shall be chargeable to the funds under this Agreement.
11. THIRD-PARTY CONTRACTS;
The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee.
12. ENFORCEMENT OF THE AGREEMENT;
ao
In the event the Subgrantee materially fails to comply with any term of the agreement, the
Grantee may suspend or terminate, in whole or in part, this Agreement or take other remedial
action in accordance with 24 CFR 85.43.
Page 6 of 10
In the event the Subgrantee terminates this project prior to completion, as defined in paragraph
6.b. above, without the prior written approval of the Grantee's Office of Grants Compliance,
the Subgrantee shall be liable for repayment of any HOME funds expended.
Co
The affordability provisions referenced in paragraph 2 of this Agreement shall be enforced by
a written covenant between the Subgrantee and the homebuyer as a condition of sale, and
recorded with the property deed. The covenant shall provide that the Grantee be notified of any
pending resale of the property for the applicable period of affordability. Such covenant shall
be approved as to form by the Grantee. If affordability provisions are not met upon resale of
the property, up to the full HOME investment, as applicable, shall be repaid by the Subgrantee
or homebuyer, as applicable, to the Grantee in accordance with paragraph 6. of this Agreement.
13. INDEMNITy
The Subgrantee agrees and binds itself and its successors and assigns to indemnify, keep and hold
the Grantee and its officers, employees, agents, volunteers and representatives free and harmless
from any liability on account of any injury or damage of any type to any person or property growing
out of or directly or indirectly resulting from any act or omission of the Subgrantee including: (a)
the Subgrantee's use of the streets or sidewalks of the Grantee or other public property; (b) the
performance under this Agreement; (c) the exercise of any right or privilege granted by or under
this Agreement; or (d) the failure, refusal or neglect of the Subgrantee to perform any duty imposed
upon or assumed by Subgrantee by or under this Agreement. In the event that any suit or
proceeding shall be brought against the Grantee or any of its officers, employees, agents, volunteers
or representatives at law or in equity, either independently or jointly with the Subgrantee on account
thereof, the Subgrantee, upon notice given to it by the Grantee or any of its officers, employees,
agents, volunteers or representatives, will pay all costs of defending the Grantee or any of its
officers, employees, agents, volunteers or representatives in any such action or other proceeding.
In the event of any settlement or any final judgement being awarded against the Grantee or any of
its officers, employees, agents, volunteers or representatives, either independently or jointly with
the Subgrantee, then the Subgrantee will pay such settlement or judgement in full or will comply
with such decree, pay all costs and expenses of whatsoever nature and hold the Grantee or any of
its officers, employees, agents, volunteers or representatives harmless therefrom.
14. INDEPENDENT CONTRACTOR:
Services performed under this agreement shall be performed on an independent contractor basis and
under no circumstances shall this agreement be construed as establishing an employee/employer
relationship. The Subgrantee shall be completely responsible for its activities in performing services
hereunder.
15. SUCCESSORS;
This Agreement shall be binding upon each of the parties, and their assigns, purchasers, trustees,
and successors.
Page 7 of 10
16. AMENDMENTS:
The Grantee, from time to time, may require changes in the obligations of the Subgrantee
hereunder, or its City Council may appropriate further funds for the implementation of this HOME
project. In such event or events, such changes which are mutually agreed upon by and between the
Grantee and the Subgrantee shall be incorporated in written amendment to this Agreement.
17. GOVERNING LAW:
This Agreement shall be governed by laws of the Commonwealth of Virginia.
18. AVAILABILITY OF FUNDS:
HOME funding to be made available by the Grantee under this Agreement is contingent upon
necessary appropriations by the U.S. Congress. In the event that sufficient funds are not
appropriated, at the sole discretion of the Grantee, this Agreement may be terminated in whole or
in part.
19. ANTI-LOBBYING:
To the best of the Subgrantee's knowledge and belief, no federal appropriated funds have been paid
or will be paid, by or on behalf of it, to any persons for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of congress in connection with the awarding of any Federal contract,
the making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of
any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal
appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Agreement, the
Subgrantee will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"
in accordance with its instructions.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
hereinabove written:
ATTEST:
FOR THE GRANTEE:
By By
Mary F. Parker, City Clerk
City Manager/Assistant City Manager
Page 8 of 10
ATTEST: FOR THE SUBGRANTEE:
By
Jerry Dunnavant, Secretary
By
Alvin Nash, Executive Director
APPROVED AS TO HOME ELIGIBILITY
APPROVED AS TO FORM
Office of Grants Compliance
Assistant City Attorney
APPROVED AS TO EXECUTION
APPROPRIATION AND FUNDS REQUIRED
FOR THIS CONTRACT CERTIFIED
Assistam City Attorney
Date
Account #
Director of Finance
035-090-5305-5342 $10,000 (Oper.)
035-090-5305-5339 $105.000 (Pro_i.)
Page 9 of 10
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, $. W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
Mary F. Parker, CMC/AAE
City Clerk
May 8, 1998
File #72
8andra H. Eakin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 33799-050498 whereby the City agrees to accept
responsibility for administration of the Virginia Institute for Social Services Training
Activities (VlSSTA) program, and authorizing the City Manager to execute an agreement
with the Virginia Department of Social Services, upon certain terms and conditions. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, May 4, 1998.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
Attachment
pc:
James D. Grisso, Director of Finance
Glenn D. Radcliffe, Director, Human Development
Corinne B. Gott, Superintendent of Social Services
Diane S. Akers, Budget Administrator, Office of Management and Budget
N:~CKLO1 ~ENOA~MAY4.WPO
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th'day of May, 1998.
No. 33799-050498.
A RESOLUTION whereby the City agrees to assume the
responsibility for administration of the Virginia Institute for
Social Services Training Activities (VISSTA) Program, and
authorizing the City Manager to execute the necessary agreement
with the Virginia Department of Social Services, upon certain terms
and conditions.
BE
follows:
1.
IT RESOLVED by the Council of the City of Roanoke as
The City does hereby agree to assume the responsibility
for administration of the VISSTA Program.
2. The City Manager or the Assistant City Manager and the
City Clerk are hereby authorized, for and on behalf of the City, to
execute and attest, respectively, an agreement with the Virginia
Department of Social Services for implementation of the VISSTA
Program, in accordance with the recommendations contained in the
City Manager's report to this Council dated May 4, 1998.
3. The form of the agreement shall be approved by the City
Attorney.
ATTEST:
City Clerk.
H:%RES\R-VISSTA. IA
Roanoke, Virginia
May 4, 1998
#98-7O9
'98 /~?R30 /~9:07
The Honorable David A. Bowers, Mayor, and
Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
SUBJECT: VISSTA - The Virginia Institute Social Services Training Activities
I. BACKGROUND:
VISSTA is a collaborative effort between the Vireinia Department of Social
Services and Virginia Commonwealth University ~vhich coordinates and provides
training activities for Social Services employees. It also offers training for
members of Comprehensive Services Act (CSA) which includes personnel from
Court Services Unit, mental health departments, health departments, public schools
and Community agencies.
Bo
The Virginia Department of Social services has asked Roanoke City Deparhnent
~ to take over Administration of the Piedmont Area Training Center
for the VISSTA Program and to relocate the office and staffto Roanoke City to be
effective July 1, 1998.
II. CURRENT SITUATION
In order to relocate the Piedmont Area Training Center currently located i,,
Montgomery_ County to Roanoke City, the City needs to execute an agreement
with the State Department of Social Services for Administrative responsibilities for
the VISSTA Program.
.VISSTA will have a positive economic impact for the City. Trainees will come
from a wide area and will need accommodations such as meals and lodging.
The State will reimburse the City at 100% of costs of the Program, plus the cost of
Administrative oversight.
The Honorable David A. Bowers, Mayor, and
Members of City Council
Roanoke, Virginia
May 4, 1998
#98-709
Page Two
III. ISSUES
IV.
A. Budget.
C. Economic development.
ALTERNATIVES
City Council adopt a resolution by which the City agrees to accept responsibility
for Administration of the vISSTA Program and execute an agreement with the
State Department of Social Services
Budget - The City will not incur any local costs for the program. The
VISSTA Program is included as a recommended supplemental in the
FY/1998-99 Budget.
Mandated training will be located more conveniently for Social
Services staff.
b. Training room may be a resource for other City training.
3. Economic development -
Training activities will bring trainees to the City who will need
meals and lodging.
Do not adopt a resolution to assume responsibility for Administration of the
VISSTA Program.
1. Budget - No impact.
2. Service delivery - Social Services will have limited resources for training.
o
Economic development - City will lose a resource bringing additional
revenue to the City.
The Honorable David A. Bowers, Mayor, and
Members of City Council
Roanoke, Virginia
May 4, 1998
#98-709
Page Three
V. RECOMMENDATION
City Council adopt a resolution by which the City a~ees to accept responsibility
for Administration of the VISSTA Program and authorize the City Manage~
to execute an agreement with the State Department of Social Services for the
Administration of the VISSTA Proeram~
CC
Respectfully submitted,
W. Robert Herbert
City Manager
Wilbum C. Dibling, City Attorney
James D. Grisso, Director of Finance
Glenn D. Radcliffe, Director of Human Developmem
Corinne B. Gott, Superintendent of Social Services
Diane S. Akers, Budget Administrator
Mary F. Parker, City Clerk
Department of Finance
City of Roanoke, Virgima
May 4, 1998
TO:
FROM:
SUBJECT:
Honorable Mayor and Members of City Council
James D. Grisso, Director of Finance
March Financial Report
This financial report covers the first nine months of the 1997-98 fiscal year. The following narrative
discusses revenues and expenditures to date.
REVENUE
General Fund revenues reflect an increase of 3.73% or $3,546,000 compared to FY97. Variances in
specific categories of revenues are as follows:
General Property Taxes rose 5.97% or $1,980,000. Leading this growth are real estate taxes, which
increased 4.83% or $1,562,000. The FY98 budget projected a 3.41% increase due to increased
assessments and new construction. A portion of the 4.83% increase through March 31 is attributable
to timing differences. The second real estate tax installment is due on or before April 5, 1998. More
revenue was received during March of FY98 than during March of FY97. Public service tax and
personal property tax have also increased slightly through March 31.
Other Local Taxes are up 2.33% or $813,000. Business and professional occupational license (BPOL)
tax rose $184,000 or 1.99% and has exceeded the estimate for the year. Electric service utility tax,
E911 telephone surcharge, and prepared food and beverage tax are also up. Sales tax revenue increased
only $74,000 or .69%, well below the 3.43% increase projected for FY98. These increases are partially
offset by decreases in telephone utility tax and gas utility tax. The decrease in telephone utility tax is
caused by timing differences.
Revenue from Use of Money and Property increased $113,000 or 17.76% due to growth in interest
revenue resulting from higher average daily cash balances in the General Fund. This increase is
partially offset by a decrease in property rental.
Grants-in-Aid Federal Government is down $9,400 or 21.72% due to a decrease in FEMA revenue.
Charges for Services are up $159,000 or 6.73% due to increased billings for weed cutting and
demolitions and EMS services. Circuit Court Clerk Fees also increased.
Miscellaneous Revenue is down $281,000 or 68.30%. This decrease is caused by the receipt of nearly
$200,000 in FY97 in connection with Trigon's settlement regarding discounts not properly deducted
fi-om claims costs of its subscribers. A decline in proceeds from the sale of surplus property and other
miscellaneous revenues also contributed to this decrease.
Honorable Mayor and Members
Roanoke City Council
May 4, 1998
Page 2
Internal Services rose $119,000 or 9.98% due to a billing of $134,000 by Occupational Health
Services to the Risk Management Fund to help fund the operation of the employee health clinic. FY98
is the first year for such billings. Airport Safety billings also increased slightly, while billings by Street
Maintenance and Building Maintenance declined.
EXPENDITURES AND ENCUMBRANCES
Expenditures and encumbrances in the General Fund have increased 3.72% or $4,457,000 since FY97.
Variances in individual expenditure categories are discussed as follows:
Judicial Administration expenditures rose 9.17% or $265,000. Personal services costs in the Sheriff,
Clerk of Circuit Court and Commonwealth Attorney's departments increased. The purchase of various
office equipment and increased binding expenses during FY98 also contributed to the increase in Clerk
of Circuit Court expenditures. These increases are partially offset by a decrease in personal service
costs of the Juvenile & Domestic Relations Court.
Public Works expenditures increased 4.17% or $756,000. This is largely due to the purchase of
approximately 36,000 automated refuse containers and an increase in landfill disposal fees paid by the
Solid Waste Management Department. Paving Program expenditures are up, while expenditures by
Streets and Traffic decreased slightly.
Parks, Recreation and Cultural expenditures are up $209,000 or 7.04% as a result of increased
expenditures and a decline in reimbursements received by the Recreation department. Library
expenditures are also up due to equipment purchases.
Nondepartmental expenditures rose $615,000 or 9.84% due to increases in transfers to the CIS and
Risk Management Funds which are partially offset by a decrease in transfers to the Nursing Home
Fund. The increase in transfers to CIS Fund results from the appropriation of $779,000 of CMERP
funds for various technology projects. A transfer of $250,000 designated for self-insured claims as of
June 30, 1997 was made to the Risk Management Fund.
I would be pleased to answer any questions which City Council may have regarding the monthly
financial statements.
JDG/TLH/pac
Attachments
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
CONTINGENCY BALANCE
MARCH 31, 1998
Balance July 1,1997
Ordinance
Number Department
CMT004 Recreation
33556 Transfer to Grant Fund
CMT006 Virginia Cooperative Extension Se~ce
CMT008 Recreation
CMT014 City Clerk
CMT027 Human Development
CMT028 City Attorney
33661 City Treasurer
CMT036 Office of Grants Compliance
CMT038 City Council
CMT042 Engineering
CMT083 City Manager
CMT045 Office of Management and Budget
CMT047 Building Inspections
CMT051 Community Planning
CMT053 Juvenile Detention Home
CMT055 City Manager
CMT146 City Manager
Balance March 31, 1998
Purpose
Music for Americans and Blues and
Jazz Feslival
Local Funding of Office on Youth
Local Share of Funding
Boxing Program Supplies
Advertising for Public Hearing on
Modified Election District System
Repair Single Room Occupancy
External Counsel Expenses
Additional Bonding for City Treasurer
Funding for Roanoke Neighborhood
Development Corporation
Equipment for Mayor's Office
Asbestos Survey for Coyoer Spdngs
Funding for School Sports Program
Funding for 1997 United Way Campaign
Equipment for New Building
Inspector
Purchase of Historical Marker -
McClanahan Cemetery
Purchase of Equipment
Training and Development Expenditures
Contribution to 1998 CityArt Show
$367,576
(5,000)
(4,642)
(1,657)
(2,213)
(6,700)
(5,0oo)
('~5,ooo)
(14,700)
(5,000)
(1,55O)
(6,080)
(3,000)
(2,421)
(7,670)
(1,893)
(1,700)
(2,000)
(1,400)
$279,960
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
STATEMENT OF REVENUE
Year to Date for the Period
Current Fiscal Year
Percent of
Revised Revenue
July I - Mar 31 July I - Mar 31 Percentage Revenue Estimate
Revenue Source 1996-97 1997-98 of Change Estimates Received
General Property Taxes $33,173,619 $35,153,210 5.97 % $65,860,500 53.38%
Other Local Taxes 34,8~,571 35,711,829 2.33 % 50,179,922 71.17%
Permits, Fees and Licenses 521,085 516,378 (0.90) % 5~0,977 87.38%
Fines and Forfeitures 801,227 764,521 (4.58)% 925,000 82.65%
Revenue from Use of Money and Property 637,3g9 750,604 17.76 % 1,061,776 70.69%
Grants-in-Aid Commonwealth 21,122,882 21,816,379 3.28 % 38,176,596 57.15%
Grants-in-Aid Federal Government 43,490 34,043 (21.72)% 33,970 100.21%
Charges for Services 2,366,854 2,526,211 6.73 % 3,287,020 76.85%
Miscellaneous Revenue 411,989 130,612 (68.30)% 302,200 43.22%
Internal Services 1,197,103 1,31 6,524 9.96 % 1,912,000 68.86%
Total $95,174,219 $98,720,311 3.73 % $162,329,961 60.81%
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
Year to Date for the Period
July I - Mar 31 July I - Mar 31 Percentage Unencumbered
Expenditures 1996-97 1997-98 of Change Balance
General Government $7,379,335 $7,607,942 3.10 % $3,435,147
Judicial Administration 2,687,745 3,152,552 9.17 % 1,253,g07
Public Safety 26,556,983 27,512,592 3.60 % 11,584,310
Public Works 18,123,353 18,879,640 4.17 % 6,848,100
Health and Welfare 14,144,633 14,457,299 2.21% 8,663,481
Parks, Recreation and
Cultural 2,966,246 3,175,217 7.04 % 1,187,1 75
Community Development 2,139,551 2,055,058 (3.95) % 756,850
Transfer to Deb~ Service
Fund 9,310,800 9,510,800 2.15 %
Transfer to School Fund 30,004,682 31,003,997 3.33 % 10,126,532
Nondepartmental 6,252,840 6,867,853 9.84 % 1,900,471
Total $119,766,168 $124,222,950 3.72 % $45,755,973
Current Fiscal Year
Percent of
Revised Budget
Appropriations Obligated
$11,043,089 68.89%
4,406,459 71.54%
39,096,902 70.37%
25,727,740 73.38%
23,120,780 62.53%
4,362,392 72.79%
2,811,908 73.08%
9,510,800 100.00%
41,130,529 75.38%
8,768,324 78.33%
$169,978,923 73.08%
2
CITY OF ROANOKE, VIRGINIA
SCHOOL FUND
STATEMENT OF REVENUE
Revenue Source
State Sales Tax
Grants-in-Aid Commonwealth
Grants-in-Aid Federal Government
Charges for Services
Transfer from General Fund
Special Purpose Grants
Total
Year to Date for the Period
July 1-Mar 31 July 1-Mar 31 Percentage
1996-97 1997-98 of Change
$5,344,163 $5,257,083 (1.63) %
23,070,902 23,442,820 1.61 %
1,345,011 1,470,462 9.33 %
2,209,738 1,991,239 (9.89) %
30,004,682 31,003,997 3.33 %
7,270,786 6,138,105 (15.58) %
$69,245,282 $69,303,706 0.08 %
Current Fiscal Year
Percent of
Revised Revenue
Revenue Estimate
Estimates Received
$7,740,411 67.92%
32,826,175 71.42%
2,473,172 59.46%
2,994,806 66.49%
41,130,529 75.38%
8,504,159 N/A
$95,669,252 72.44%
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
Expenditures
Instruction
General Support
Transportation
Operation and
Maintenance of Plant
Food Services
Facilities
Other Uses of Funds
Special Purpose Grants
Total
Year to Date for the Period
July 1-Mar 31
1996-97
$44,370,734
1,962,927
1,960,270
6,632,125
2,699,749
2,393,316
3,242,618
7,670,689
July l-Mar 31
1997-98
$46,510,772
2,205,880
2,115,018
6,790,836
2,819,018
2,352,479
3,606,368
8,504,159
Percentage
of Change
4.82 %
12.38 %
7.89 %
$70,932,428
$74,904,530
2.39 %
4.42 %
(1.71)%
11.22 %
10.87 %
5.60 %
Current Fiscal Year
Unencumbered
Balance
$17,724,177
999,395
858,125
Revised
Appropriations
$64,234,949
3,205,275
2,973,143
Percent of
Budget
Obligated
72.41%
68.82%
71.14%
2,759,908
995,135
75,599
$23,412,339
9,550 744
3,814 153
2,352 479
3,681 967
8,504 159
$98,316869
71.10%
73.91%
100.00%
97.95%
N/A
76.19%
3
CITY OF ROANOKE, VIRGINIA
CAPITAL PROJECTS FUND
STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND
UNENCUMBERED APPROPRIATIONS SUMMARY AS OF MARCH 31, 1998
Expenditures Unexpended Outstanding Unobligatecl
Budget To Date Balance Encumbranoes Balance
General Government $13,118,021 $8,700,608 $4,417,413 $502,419
Public Safety 362,350 1,088 361,262 1,000
Educa0on 27,898,284 22,383,502 5,514,782 2,646,124
Community Development 1,081,000 82,269 998,731 958,731
Recrealion 908,375 365,235 543,140 271,502
Streets and Bddges 21,599,513 13,630,305 7,969,208 6,411,182
Sanital~on Projects 1,083,427 565,840 517,587 395,337
Traffic Engineering & Communica~ons 2,323,764 1,595,671 728,093 35,293
Other Infrastructure Projects 14,486,422 4,643,271 9,943,151 4,043,725
Capital Improvement Reserve 15,317,044 - 15,317,044 -
Total
$98,178,200 $61,867,789 $46,310/111 $15,265,313
$3,914,994
360,262
2,868,658
40,000
271,638
1,558,026
122,250
692,800
5,899,426
15,317,044
$31,046,098
4
CITY OF ROANOKE, VIRGINIA
WATER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 9 MONTHS ENDING MARCH 31, 1998
Operating Revenues
Commercial Sales
Domestic Sales
Industrial Sales
Town of Vinton
County of Roanoke
City of Salem
Customer Services
Total Operating Revenues
Operating Expenses
Personal Services
Operating Expenses
Depreciation
Total Operating Expenses
Operating Income
Nonoperating Revenues (Expenses)
Interest on Investments
Rent
Miscellaneous Revenue
Interest Expense
Miscellaneous Expense
Transfer to ClS Fund
Transfer to Capital Projects Fund
Net Nonoperating Expenses
Net Income
1998
$2,295,619
2,143,349
167,586
16,988
1,035,876
3,633
402,465
6,065,516
1,015,616
2,488,245
1,043,182
4,547,043
1,518,473
315,517
15,511
31,007
(1,167,433)
(172,371 )
(233,446)
(1,211,215)
$307,258
1997
$2,377,664
2,113,106
178,098
17,557
1,390,760
4,268
298,937
6,380,390
1,014,835
2,544,076
705,293
4,264,204
2,116,186
210,507
2,186
57,323
(1,187,145)
(1,194)
(918,323)
$1,1 97,863
5
CITY OF ROANOKE, VIRGINIA
SEWAGE TREATMENT FUND
COMPARATIVE INCOME STATEMENT
FOR THE 9 MONTHS ENDING MARCH 31, 1998
Operating Revenues
Sewage Charges - City
Sewage Charges - Roanoke County
Sewage Charges - Vinton
Sewage Charges - Salem
Sewage Charges - Botetourt County
Customer Services
Interfund Services
Total Operating Revenues
Operating Expenses
Personal Services
Operating Expenses
Depreciation
Total Operating Expenses
Operating Income
Nonoperating Revenues (Expense)
Interest on Investments
Miscellaneous Revenue
Transfer to ClS Fund
Transfer to Capital Projects Fund
Net Nonoperating Revenues
Net Income
1998
$5,315,891
698,706
133,035
618,982
85,935
155,028
47,830
7,055,387
1,235,644
3,518,555
721,274
5,475,473
1,579,914
420,846
13,725
(172,371 )
(37,071)
225,129
$1,805,043
1997
$5,463,309
672,734
196,815
645,990
91,042
111,440
66,192
7,247,522
1,211,950
3,365,202
710,771
5,287,923
1,959,599
316,170
10,253
326,423
$2,286,022
6
CITY OF ROANOKE, VIRGINIA
CiViC CENTER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 9 MONTHS ENDING MARCH 31, 1998
Operating Revenues
Rentals
Parking Fee
Event Expenses
Advertising
Admissions Tax
Commissions
Novelty Fees
Total Operating Revenues
Operating Expenses
Personal Services
Operating Expenses
Depreciation
Total Operating Expenses
Operating Loss
Nonoperating Revenues
Transfer from General Fund
Interest on Investments
Miscellaneous
Total Nonoperating Revenues
Net Income (Loss)
1998
$383,897
167,289
117,270
5,873
145,165
237,710
43,648
1,100,852
752,037
864,134
296,879
1,913,050
(812,198)
1,037,162
38,266
7,593
1,083,021
$270,823
1997
$421,406
167,611
122,325
1,525
165,887
220,233
40,055
1,139,042
844,059
1,005,653
303,772
2,153,484
(1,014,442)
929,771
26,839
6,641
963,251
($51,1 91 )
7
CITY OF ROANOKE, VIRGINIA
TRANSPORTATION FUND
COMPARATIVE INCOME STATEMENT
FOR THE 9 MONTHS ENDING MARCH 31, 1998
Operating Revenues
Century Station Parking Garage
Williamson Road Parking Garage
Market Square Parking Garage
Church Avenue Parking Garage
Tower Parking Garage
Surface Parking Lots
Total Operating Revenues
Operating Expenses
Operating Expenses
Depreciation
Total Operating Expenses
Operating Income
Nonoperating Revenues (Expenses)
Transfer from General Fund
Operating Subsidy for GRTC
Transfer to Capital Projects Fund
Interest on Investments
Interest Expense
Miscellaneous
Net Nonoperating Revenues
Net Income
1998
$205,770
305,783
124,152
286,359
183,934
71,777
1,177,775
595,598
405,268
1,000,866
176,909
1,097,773
(4oo,ooo)
(29,682)
29,212
(436,386)
2,343
$440,169
1997
$225,714
323,710
117,952
306,190
166,700
72,474
1,212,740
625,140
392,443
1,01 7,583
195,157
1,001,133
(4oo,ooo)
(822)
(548,313)
6,822
58,820
$253,977
8
CITY OF ROANOKE, VIRGINIA
NURSING HOME FUND
COMPARATIVE INCOME STATEMENT
FOR THE 9 MONTHS ENDING MARCH 31, 1998
Operating Revenues
Private Patient Fees
Medicaid Patient Fees
Medicaid Reimbursements
Total Operating Revenues
Operating Expenses
Personal Services
Operating Expenses
Depredation
Total Operating Expenses
Operating Loss
Nonoperating Revenues
Transfer from General Fund
Interest on Investments
Total Nonoperating Revenues
Net Income (Loss)
1998
26,201
150,036
176,237
246,497
57,666
11,723
315,886
(139,649)
12,426
12,426
($127,223)
1997
$3,296
231,897
702,198
937,391
937,396
383,448
12,748
1,333,592
(396,201)
545,022
29,508
574,530
$178,329
9
CITY OF ROANOKE, VIRGINIA
HOTEL ROANOKE CONFERENCE CENTER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 9 MONTHS ENDING MARCH 31, 1998
Operating Revenues
Commission
Conference Center
Total Operating Revenues
Operating Expenses
Commission
Conference Center
Depreciation Expense
Total Operating Expenses
Net Operating Income (Loss)
Nonoperating Revenues (Expenses)
City Contribution
Virginia Tech Contribution
Proceeds from Bdck Sales
Interest on Investments
Conference Center
Net Nonoperating Revenues (Expenses)
Net Income (Loss)
COMMISSION (1)
FY1998 FY 1997
CONFERENCE
CENTER (2) TOTAL
$ - $ - $
2,069,959 2,069,959 1,601,124
2,069,959 2,069,959 1,601,124
60,719 - 60,719 62,633
- 1,822,530 1,822,530 1,427,933
348,741 41,201 389,942 376,590
409,460 1,863,731 2,273,191 1,867,156
(409,460) 206,228 (203,232) (266,032)
131,250 131,250 175,000
131,250 131,250 175,000
572 - 572 150
20,277 - 20,277 7,365
- (107,937) (107,937) (78,947)
283,349 (107,937) 175,412 278,568
($126,111) $98,291 ($27,820) $12,536
Notes to Financial Statement:
(1) The column entitled "Commission" represents Commission activity in the City's financial records.
(2) The column entitled "Conference Center" represents actual revenue and expenses of the Conference Center,
as provided by Doubletree Management.
10
CITY OF ROANOKE, VIRGINIA
INTERNAL SERVICE FUNDS
COMPARATIVE INCOME STATEMENT
FOR THE 9 MONTHS ENDING MARCH 31, 1998
Operating Revenues
Charges for Services
Total Operating Revenues
Operating Expenses
Personal Services
Operating Expenses
Depreciation
Total Operating Expenses
Operating Income (Loss)
Nonoperating Revenues (Expenses)
Interest Revenue
Gain on Sale of Trigon Common Stock
Transfer from Other Funds
Transfer to Other Funds
Net Nonoperating Revenues (Expenses)
Net Income (Loss)
TOTALS
City
Information Materials Management Utility Line Fleet RJsk
Systems Control Services Services Management Management 1998 1997
$2,059,792 $133,952 $132,891 $2,456,187 $2,386,0~7 $3,783,326 $10,951,335 $11,575,631
2,059,792 133,052 132,891 2,456,187 2,386,087 3,783,326 10,951,335 11,575,631
1,071,591 78,604 18,041 1,627,525 852,538 122,025 3,768,324 3,772,378
355,226 23,718 59,834 381,665 662,493 5,156,141 6,619,077 6,113,983
490,430 1,372 23,194 138,531 1,121,169 1,774,696 1,592,207
1,917,247 101,694 101,069 2,127,721 2,636,200 5,278,166 12,162,097 11,478,566
142,545 31,358 31,822 328,466 (260,113) (1,494,840) (1,210,762) 97,065
85,152 (3,096) 9,706 62,655 71,193 388,607 614~17 535,674
276,713 276,713
1,553,867 830,007 250,000 2,S33,S74 1,154,703
- (13,471) (386,219) (69,478) (4,804) (473,972) 50,000
1,639,019 (3,096) (3,765) (323,564) 831,722 910,516 3,05 _n,L~__ 1,740,377
$1,781,564 $26,262 $28,057 $4,902 $581,609 ($5-"4.,324) $1,840,070 $1,837,442
11
CITY OF ROANOKE, VIRGINIA
CITY TREASURER'S OFFICE
GENERAL STATEMENT OF ACCOUNTABILITY
FOR THE MONTH ENDED MARCH 31, 1998
TO THE DIRECTOR OF FINANCE:
GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR
THE FUNDS OF SAID CITY FOR THE MONTH ENDED MARCH 31, 1998.
BALANCE AT BALANCE AT BALANCE AT
FUND FEB 28, t998 RECEIPTS DISBURSEMENTS MAR 31, 1998 MAR 31, 1997
($10,048,934.52) $24,005,495.12
GENERAL
WATER
SEWAGE
CiViC CENTER
TRANSPORTATION
CAPITAL PROJECTS
NURSING HOME
CONFERENCE CENTER
i DEBT SERVICE
CITY INFORMATION SYSTEMS
MATERIALS CONTROL
MANAGEMENT SERVICES
UTILITY LINES SERV
! FLEET MANAGEMENT
PAYROLL
i RISK MANAGEMENT
i PENSION
'SCHOOL FUND
FDETC
GRANT
TOTAL
6,200 117.23
19,853.801.37
1,085 672.60
768 282.36
44,452 434.24
85 166.51
853 904.05
9,849 392.96
2,534 462.48
(69,730.24)
256,096.13
1,918,983.91
2,810,069.31
(9,245,636.11 )
9,445,777.80
361,823.34
6,154,298.35
188,512.60
$13,844,932.09 $111,628.51
591,772.00 164,264.17 6,627,625.06
2,296,623.86 2,563,639.48 19,586,785.75
301,646.39 261,847.69 1,125,471.30
189,833.39 480,889.15 477,226.60
440,870.34 2,035,869.57 42,857,435.01
0.00 3,218.67 81,947.84
2, 391.28 10,379.12 845,916.21
1,428,857.85 166,341.30 11,111,909.51
121,311.96 168,781.45 2,486,992.99
106,292.36 133,558.10 (96,995.98)
12,437.39 8,271.51 260,262.01
3,942.73 78,985.44 1,843,941.20
285.72 1,498,177.69 1,312,177.34
12,443,387.96 12,547,986.01 (9,350,234.16)
448,030.19 521,610.63 9,372,197.36
467,350.79 767,629.54 61,544.59
6,167,645.91 6,130,770.23 6,191,174.03
107,774.01 249,339.37 46,947.24
334,936.33 309,969.55
$49,648,871.53 $41,971,427.54
131,974.60 512,922.28
$87,586,468.97
$2,960,382.04!
6,119,726.54
22,565,987.13
591,702.48
11,955.80
27,211,857.60
816,650.53
350,372.95I
9,078,109.60!
2,136,967.08
(146,320.32)!
220,900.64
1,418,741.24
1,234,814.97
(8,580,890.31),
9,111,647.87
728,830.63
6,387,560.78
97,522.32
447,060.02
$95,263,912.96 $82 763 579.59~
CERTIFICATE
I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY
OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED
MARCH 31, 1998. THAT SAID FOREGOING:
CASH:
CASH IN HAND
CASH IN BANK
INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS:
OVERNIGHT INVESTMENT
COMMERCIAL PAPER
REPURCHASE AGREEMENTS
U. S. TREASURY NOTES
VIRGINIA AIM PROGRAM (U. S. SECURITIES)
TOTAL
$72,036.68
1,256,405.09
6,745,000.00
8,960,893.33
30,000,000.00
9,462,005.56
38,767,572.30
$95,263,912.96
DATE: APRIL 15, 1998
12
CITY OF ROANOKE PENSION PLAN
STATEMENT OF REVENUE AND EXPENSES
FOR THE 9 MONTHS ENDING MARCH 31, 1998
Revenue
1998
1997
Contributions
Investment Income
Gain on Sale of Investments
Bond Discount Amortization
Total Revenue
$4,150,172
5,819,290
9,866,726
2,218
$19,838,406
$4,524,355
5,249,551
11,719,468
182,014
$21,675,388
Expenses
Pension Payments
Fees for Professional Services
Bond Premium Amortization
Active Service Death Benefits
Administrative Expense
Total Expenses
Net Income
$6,688,555
444,896
228,441
21,621
215,722
7,599,235
$12,239,171
$6,133,945
506,908
369,616
204,120
7,214,589
$14,460,799
13
CITY OF ROANOKE PENSION PLAN
BALANCE SHEET
MARCH 31, 1998
Assets
Cash
Investments:
(market value:
Other Assets
Total Assets
1998 $298,262,455
1997 $227,711,501)
Liabilities and Fund Balance
Liabilities:
Due to Other Funds
Total Liabilities
Fund Balance:
Fund Balance, July 1
Net Income - Year to Date
Total Fund Balance
Total Liabilities and Fund Balance
1998
$60,296
223,413,613
18,000
$223,491,909
$748,881
748,881
210,503,857
12,239,171
222,743,028
$223,491,909
1997
$715,450
187,638,925
18,000
$188,372,375
$698,615
698,615
173,212,961
14,460,799
187,673,760
$188,372,375
14
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
May 8, 1998
File #24-192
SANDRA H. EAKIN
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 3,3800-050498 amending and reordaining subsection
(a) of §24-26, Rates for use and terms of the Code of the City of Roanoke (1979), as
amended, redesignating current subsection (b) to subsection (c), adding new subsection
(b) of §24-26, and repealing current subsection (c) of §24-26, providing that the Roanoke
Civic Center Commission shall establish fees, rentals, rates, charges, and terms for the
use of the civic center for events at the civic center and that the civic center manager may
negotiate and execute contracts, licenses, or leases for the use of the civic center under
certain conditions; amending and reordaining subsection (a) (2) of §24-48, ~ttbg. d~,
providing that the Roanoke Civic Center Commission shall have authority to establish fees,
rentals, rates, charges, and terms for the use of the civic center as provided for in §24-26
of this Code. The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting which was held on Monday, May 4, 1998.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc: James W. Stephens, Chair, Roanoke Civic Center Commission, 2130 Deyerle
ROad, S. W., Roanoke, Virginia 24018
H:~t~3ENI3Ag~MAY4.WI~)
W. Robert Herbert
May 8, 1998
Page 2
pc:
The Honorable Clifford R. Weckstein, Chief Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit
of Virginia
The Honorable Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Jonathan M. Al)gar, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Julian H. Raney, Jr., Chief Judge, General District Court
The Honorable George W. Harris, Jr., Judge, General District Court
The Honorable Vincent A. Lilley, Judge, General District Court
The Honorable William D. Broadhurst, Judge, General District Court
The Honorable Jacqueline F. Ward Talevi, Judge, General District Court
The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic
Relations District Court
The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations
District Court
The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations
District Court
The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations
District Court
Evelyn Jefferson, Vice-President - Supplements, Municipal Code Corporation,
P. O. Box 2235, Tallahassee, Florida 32304
Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building,
Roanoke, Virginia 24011
The Honorable Arthur B. Crush, III, Clerk, Circuit Court
Ronald S. Albright, Clerk, General District Court
Patsy A. Bussey, Clerk, Juvenile and Domestic Relations District Court
Bobby D. Casey, Office of the Magistrate
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
James M. Evans, Manager, Civic Center
Vivian D. Nelson, Secretary, Roanoke Civic Center Commission
H:~A~y4.wPo
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of May, 1998.
No. 33800-050498.
AN ORDINANCE amending and reordaining subsection (a) of {}24-26, Rates for use arid
terms, of the Code of the City of Roanoke (1979), as amended, redesignating current subsection (b)
to subsection (c), adding new subsection (b) of {}24-26, and repealing current subsection (c) of {}24-
26, providing that the Roanoke Civic Center Commission shall establish fees, rentals, rates, charges,
and terms for the use of the civic center for events at the civic center and that the civic center
manager may negotiate and execute contracts, licenses, or leases for the use of the civic center under
certain conditions; amending and reordaining subsection (a) (2) of {}24-48, Authority_. providing that
the Roanoke Civic Center Commission shall have authority to establish fees, rentals, rates, charges,
and terms for the use of the civic center as provided for in §24-26 of this Code; and providing for
an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. Subsection (c) of {}24-26, Rates for use and terms_ of the Code of the City of Roanoke
(1979), as amended, is hereby repealed and replaced as hereafter set forth.
2. Section 24-26, Rates for use and term.,;, of the Code of the City of Roanoke (1979),
as amended, is hereby amended and reordained to read as follows:
§24.26. Rates for use and terms.
(a) The Roanoke Civic Center Commission shall establish from time to
time a current schedule of fees, rentals, rates, charges, and terms to be
required for use of the civic center and, subject to such limits and guidelines
as the commission may impose, authorize the civic center manager to vary
the fees, rentals, rates, charges, and terms in certain instances for events at
the civic center, including, without limitation, concerts, plays, sporting
events, circuses or ice shows.
as amended, is
(b) The civic center manager may negotiate and execute contracts,
licenses, or leases for the use of the civic center for single or multiple date
events, with the approval of the city manager or his designee, that occur
during any period of time of less than 12 months. Furthermore, the civic
center manager may negotiate and execute contracts, licenses, or leases for
the use of the civic center for multiple date events, with the concurrence of
the city manager or his designee, that occur over a time period of 12 months
or more, but less than 60 months, with the approval of the Roanoke Civic
Center Commission.
(c) A cash deposit or certified check equal to one-half of the rent shall be
deposited with the city six (6) months in advance of the event or with the
return of the contract, whichever is later. The balance of the rent shall be paid
upon completion of the event unless otherwise agreed. In the case of a public
ticket sale where monies from ticket sales on deposit in the civic center box
office would equal or exceed the balance of the rent, this requirement may
be waived by the civic center manager. In negotiating contracts for use of the
civic center, the civic center manager may, with the written approval of the
city manager and for good cause appearing to the city manager, reduce,
waive or enlarge any of the requirements set forth in this subparagraph.
(d) Civic, religious and charitable organizations, the incomes of which are
exempt from taxation under the United States Internal Revenue Code, may
apply to the civic center manager for a civic rate, as established by the
Roanoke Civic Center Commission, to conduct a nonprofit activity at the
civic center, where the proceeds do not accrue to the benefit of an individual,
business or commercial entity. The civic center manager may authorize the
use of a civic rate, where such rate has been established by the Roanoke
Civic Center Commission.
Subsection (a) (2) of §24-48, ~, of the Code of the City of Roanoke (1979),
hereby amended and reordained to read and provide as follows:
§24-48.
(a) The commission shall be the policy making arm of the civic center and,
to that end, is hereby delegated and shall exercise authority in the following
matters:
(2) To establish fees, rentals, rates, charges, and terms for the use of the
civic center as provided for in §24-26 of this Code.
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.
'98 PR28 A9:4 May 4, 998
Report No. 98-339
Honorable Mayor and City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject: Delegation of Authority to Civic Center
Commission
I. Backqround:
no
Section 24-26, (a) of the City Code provides that the
Civic Center Commission shall establish a schedule of
fees, rentals, rates and charges, etc. for concerts,
plays, sporting events, etc. The Civic Center Manager
may, subject to limits and guidelines imposed by the
Commission, vary such fees, rentals, rates and charges
for traveling, for-profit productions.
o
City Charter provides that the City may lease lands,
buildings, etc. for a period of up to five years
without bidding.
C. It is apparent that:
Subject to guidelines of the Commission, the
Civic Center Manager can enter into a
contract to rent Civic Center facilities for
a single traveling production.
o
City Council can rent or lease any City
facility for a period of five (5) years
without bidding.
II.
Current Situation: Authority is requested to rent the Civic
Center to productions or events on a long term basis.
III. Issues:
A. Deleqation of authority
B. Clarification of responsibilities
Honorable Mayor and City Council
May 4, 1998
Page 2
Vo
IV. Alternatives:
no
City Council amend City Code Section 24-26 to provide
that:
the Civic Center Manager may negotiate
and execute contracts or leases for
multiple date events with the approval
of the City Manager or his/her designee,
for any period of time less than 12
calendar months, and
ii.
the Civic Center Manager may negotiate
and execute contracts or leases for
multiple date events that occur during a
period of 12 months but not more than 60
months with the approval of the City
Manager or his/her designee, and with
the approval of the Civic Center
Commission.
Deleqation of authority is provided and is
explicit.
2. Clarification of responsibilities is provided.
B o
City Council refrain from amending City Code section to
clarify responsibility.
1. Deleqation of authority is not explicit.
2. Clarification of responsibility is not provided.
Recommendation: The Civic Center Commission, during its
April 20, 1998 meeting, voted to recommend that Council
approve Alternative A, thereby amendinq Section 24-26 t~
provide that:
ao
The Civic Center Manaqer may neqotiate and execut~
contracts or leases for multiple date events, with the
approval of the City Manager or his/her designee, that
occur during any period of time extending for less than
a 12 month period.
o
The Civic Center Manaqer may neqotiate and executa
contracts or leases for multiple date events, with the
concurrence of the City Manager or his/her designee,
Honorable Mayor and City Council
May 4, 1998
Page 3
that occur over a 12 month but not beyond a 60 month
period with the approval of the Civic Center
Commission.
Civic Center Commission
JWS:KBK:afm
cc:
Members, Civic Center Commission
City Clerk
City Manager
City Attorney
Director of Finance
Director of Utilities & Operations
Civic Center Manager
'uS 28 Pi:23
Office of the City Manager
April 27, 1998
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
SUBJECT:
May 4 Report from Civic Center
Commission Chairman
Commission Chairman Bill Stephens broached the subject of
authority to approve long-term, multiple date, event contracts at
the April 20, 1998, Commission meeting. City Attorney has
recently ruled that only City Council can execute long-term
contracts. As more recently discussed with City Council in
executive session during the discussion of an extension vs. a new
long-term contract for the hockey franchise, City Council may
delegate that authority to the Civic Center Commission.
It does appear to me, as recommended by Mr. Stephens, that
the Civic Center Manager should have the authority, with my
concurrence, to execute multiple date event contracts up to a
period of one year and that your appointed Civic Center
Commission should be empowered to approve contracts for a period
of 1 - 5 years.
The Commission voted unanimously to seek this approval on
April 20, 1998.
Sincerely,
W. Robert Herbert
City Manager
WRH:KBK:afm
cc:
J. W. Stephens, Chairman, Civic Center Commission
Wilburn C. Dibling, Jr., City Attorney
Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138
CityWeb:www. ci.roanoke.va.us
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
May 8, 1998
File #27-60-183-237
Terry E. Reed, President
Reed Excavating Contractors, Inc.
Route 2, Box 260
Floyd, Virginia 24091
William R. Hedrick, President
Corte Construction Co., Inc.
P. O. Drawer 1089
Bluefield, Virginia 24605
Gentlemen:
I am enclosing copy of Ordinance No. 33801-050498 accepting the bid of Allegheny
Construction Company, Inc., in the amount of $163,780.00, for construction of Storm
Water Management Improvements at the Roanoke Centre for Industry and Technology,
upon certain terms and conditions; and rejecting all other bids made to the City. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, May 4, 1998.
On behalf of the City of Roanoke, I would like to express appreciation for submitting your
bid on the abovedescribed project.
Sincerely,
MFP:Io
Enclosure
Mary F. Parker, CMCIAAE
City Clerk
H:~M3ENO&g~MAY4.WI~)
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
May 8,1998
File #27-60-183-237
SANDRA H. EAKIN
Deputy City Clerk
John W. Douthat, Vice-President
Alleghany Construction Company, Inc.
2830 Nicholas Avenue, N. E.
Roanoke, Virginia 24012
Dear Mr. Douthat:
I am enclosing copy of Ordinance No. 33801-050498 accepting the bid of Allegheny
Construction Company, Inc., in the amount of $163,780.00, for construction of Storm
Water Management Improvements at the Roanoke Centre for Industry and Technology,
upon certain terms and conditions; and rejecting all other bids made to the City. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, May 4, 1998.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Enclosure
W. Robert Herbert, City Manager
The Honorable Sherman A. Holland, Commissioner of the Revenue
James D. Grisso, Director of Finance
William F. Clark, Director, Public Works
Delores C. Daniels, Assistant to the City Manager for Community Relations
Charles M. Huffine, City Engineer
Ellen $. Evans, Construction Cost Technician
Diane S. Akers, Budget Administrator, Office of Management and Budget
H:~ENDAg~MAY4.WPO
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of May, 1998.
No. 33801-050498.
AN ORDINANCE accepting the bid of Allegheny Construction Company, Inc., for the
construction of the storm water management improvements at the Roanoke Centre for Industry and
Technology, upon certain terms and conditions, and awarding a contract therefor; authorizing the
proper City officials to execute the requisite contract for such work; rejecting all other bids made to
the City for the work; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of Allegheny Construction Company, Inc., in the total amount of $163,780,
for the construction of the storm water management improvements at the Roanoke Centre for
Industry and Technology, as is more particularly set forth in the May 4, 1998, report to this Council,
such bid being in full compliance with the City's plans and specificatiOns made therefor and as
provided in the contract documents offered said bidder, which bid is on file in the Office of Supply
Management, be and is hereby ACCEPTED.
2. The City Manager or the Assistant City Manager and the City Clerk are hereby
authorized on behalf of the City to execute and attest, respectively, the requisite contract with the
successful bidder, based on its proposal made therefor and the City's specifications made therefor,
said contract to be in such form as is approved by the City Attorney, and the cost of said work to be
paid for out of funds heretofore or simultaneously appropriated by Council.
3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED,
and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation
for such bid.
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.
RECEi¥~_D
CITY CL ..... ~'~:-?I~.
May 4, 1998
Council Report No. 98-131
APR 29 P4:32
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject:
BID COMMITTEE REPORT
STORM WATER MANAGEMENT IMPROVEMENTS
ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY
PROJECT NUMBER 6367
BID NUMBER 98-3-30
We, the undersigned Bid Committee, hereby submit the attached report for your
consideration.
arroll E. Swa~n
William F. Clark
JHP/PCS/bs
Attachment:
Bid Committee Report
C:
City Attorney
City Clerk
Director of Finance
Director of Public Works
Assistant to the City Manager for Community Relations
City Engineer
Construction Cost Technician
Budget Administrator
Manager, Office of Supply Management
Commissioner of the Revenue
May 4, 1998
Council Report No. 98-131
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject:
BID COMMITTEE REPORT
STORM WATER MANAGEMENT IMPROVEMENTS
ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY
PROJECT NUMBER 6367
BID NUMBER 98-3-30
I concur with the Bid Committee recommendation relative to the above project and
recommend it to you for appropriate action.
Sincerely,
W. Robert Herbert
City Manager
WRH/PCS/bs
Attachment: Bid Committee Report
C:
City Attorney
City Clerk
Director of Finance
Director of Public Works
Assistant to City Manager for Community Relations
City Engineer
Construction Cost Technician
Budget Administrator
Manager, Office of Supply Management
Commissioner of Revenue
May 4, 1998
Council Report No. 98-131
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject:
BID COMMITTEE REPORT
STORM WATER MANAGEMENT IMPROVEMENTS
ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY
PROJECT NUMBER 6367
BID NUMBER 98-3-30
Background on the subject in chronological order is as follows:
Public infrastructure consisting of a 180,000 cubic foot capacity_ storm water
detention basin is proposed. The basin will provide storm water detention for
all present and future development in the western portion of the Roanoke
Centre for Industry and Technology. (See attached vicinity map.)
City Council appropriated $1,055,000 on April 7, 1997 to construct the Blue
Hills Drive extension ($600,000), a sanitary sewer extension ($175,000) and
a detention basin ($280,000). The sanitary sewer and Blue Hills Drive
extensions were completed in 1997.
I1.
Current situation is as follows:
Pro!ect was advertised on Sunday, March 15, 1998, and bids were publicly
opened and read aloud by D. Darwin Roupe, Manager of Supply
Management, on Tuesday, April 7, 1998.
Three (3) bids were received for the project with Allegheny Construction
Company, Inc., 2830 Nicholas Avenue, Roanoke, Virginia 24012 submitting
the apparent Iow bid in the amount of $163,780 for the contract.
C. The Iow bid was 19.1 percent below the engineer's estimate of $202.690.
II1.
Issues in order of importance are as follows:
A. Pro!ect Schedules
B. Funding
Honorable Mayor and Members of City Council
BID COMMITTEE REPORT
STORM WATER MANAGEMENT IMPROVEMENTS
ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY
PROJECT NUMBER 6367
BID NUMBER 98-3-30
May 4, 1998
Page 2
IV.
Alternatives in order of feasibility are as follows:
Authorize the City Manager to execute a unit price contract, in a form
approved by the City Attorney, with Allegheny Construction Company. Inc.,
in the amount of $163.780, to construct the Storm Water Management
Improvements, Roanoke Centre for Industry and Technology, Project
Number 6367, Bid Number 98-3-30.
Project schedule will be satisfied. Project will be completed within 180
days of the Notice to Proceed.
Funding is available in the RCIT Infrastructure Extension account
(008-052-9632) to fund the contract.
Do not authorize the City Manager to execute a contract with Allegheny
Construction Company, Inc.
1. Project will not be completed.
2. Funding would remain available.
Recommendation is as follows:
City Council concur in alternative "A" and take the following action:
Ao
Authorize the City Manager to execute a unit price contract, in a form
approved by the City Attorney, with Allegheny Construction Company, Inc.,
in the amount of $163.780, to construct the Storm Water Management
Improvements, Roanoke Centre for Industry and Technology, Project
Number 6367, Bid Number 98-3-30.
Honorable Mayor and Members of City Council
BID COMMITTEE REPORT
STORM WATER MANAGEMENT IMPROVEMENTS
ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY
PROJECT NUMBER 6367
BID NUMBER 98-3-30
May 4, 1998
Page 3
WRH/PCS/bs
Attachment: Bid Tabulation
c: City Attorney
City Clerk
Director of Finance
Director of Public Works
Assistant to the City Manager for Community Relations
City Engineer
Construction Cost Technician
Budget Administrator
Manager, Office of Supply Management
Commissioner of the Revenue
TABULATION OF BIDS
STORM WATER MANAGEMENT IMPROVEMENTS
ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY
PROJECT NUMBER 6367
BID NUMBER 98-3-30
Bids were opened by D. Darwin Roupe, Manager, Office of Supply Management, on
Tuesday, April 7, 1998, at 2:00 p.m.
Corte Construction Co., Inc.
$163,780.00
192,594.66
331,630.00
Estimated Cost: $202,690
Office of the City Engineer
Roanoke, Virginia
May 4, 1998
PROJECT
LOCATION
MAP
BLUE HILLS
SITE
GOLF
COURSE
MASON MILL ~ BL UF.__. '~
LOCATION MAP
NO SCALE
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
May 8, 1998
File ~0-137-514
SANDRA H. EAKIN
Deputy City Clerk
Samuel R. Carter, III, COB/CEO
L. H. Sawyer Paving Company, Inc.
496 Glenmore Drive
Salem, Virginia 24153
Dear Mr. Carter:
I am enclosing copy of Ordinance No. 33803-050498 accepting the bid of L. H. Sawyer
Paving Company, Inc., in the amount of $1,524,258.00, for asphalt concrete overlays and
pavement profiling of various streets within the City; and rejecting all other bids made to
the City. The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting which was held on Monday, May 4, 1998.
Sincerely,
Mary F. P~a er, CMCIAAE
City Clerk
MFP:Io
Enclosure
pc:
W. Robert Herbert, City Manager
James D. Gdsso, Director of Finance
William F. Clark, Director, Public Works
Diane S. Akers, Budget Administrator, Office of Management and Budget
Charles M. Huffine, City Engineer
Robert K. Bengtson, Traffic Engineer
Ellen S. Evans, Construction Cost Technician
D. Darwin Roupe, Manager, Supply Management
HNM~OAe~AAY4.WI~3
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
May 8, 1998
File ~60-137-514
SANDRA H. EAKIN
Deputy City Clerk
Gary W. Wright
Executive Vice-President
Adams Construction Company
523 Rutherford Avenue, N. E.
Roanoke, Virginia 24016
M. Wayne Hylton, Jr.
Vice-President
S. R. Draper Paving Company, Inc.
4742 Old Rocky Mount Road, S. W.
Roanoke, Virginia 24014
Gentlemen:
I am enclosing copy of Ordinance No. 33803-050498 accepting the bid of L. H. Sawyer
Paving Company, Inc., in the amount of $1,524,258.00, for asphalt concrete overlays and
pavement profiling of various streets within the City; and rejecting all other bids made to
the City. The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting which was held on Monday, May 4, 1998.
On behalf of the City of Roanoke, I would like to express appreciation for submitting your
bid on the abovedescribed project.
Sincerely,
Mary F.
City Clerk
CMC/AAE
MFP:Io
Enclosure
H:~ENOAg~MAY4.WI=O
IN THE COUNCIL OF ~ CITY OF ROANOKE, VIRGINIA
The 4th day of May, 1998.
No. 33803-050498.
AN ORDINANCE accepting the bid ofL. H. Sawyer Paving Company, Inc., for paving and
profiling of various streets, upon certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract for such work; rejecting all other
bids made to the City for the work; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid ofL. H. Sawyer Paving Company, Inc., made to the City in the total amount
of $1,524,258 (base bid plus Alternate No. 1), for paving and profiling of various streets within the
City of Roanoke, as is more particularly set forth in the report to this Council dated May 4, 1998, such
bid being in full compliance with the City's plans and specifications made therefor and as provided
in the contract documents offered said bidder, which bid is on file in the Office of Supply
Management, be and is hereby ACCEPTED.
2. The City Manager or the Assistant City Manager and the City Clerk are hereby
authorized on behalf of the City to execute and attest, respectively, the requisite contract with the
successful bidder, based on its proposal made therefor and the City's specifications made therefor, said
contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid
for out of funds heretofore or simultaneously appropriated by Council.
3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED,
and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation
for such bid.
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.
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
May 8, 1998
File t~60-137-514
SANDRA H. EAKIN
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 33802-050498 amending and reordaining certain
sections of the 1997-98 General Fund Appropriations, providing for appropriation of
$350,000.00, in connection with a contract with L. H. Sawyer Paving Company, Inc., for
asphalt concrete overlays and pavement profiling of various streets within the City. The
abovereferencecl measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, May 4, 1998.
Sincerely,
Mary F. Parker, CMC/AAE
City C~erk
MFP:Io
Attachment
pc:
W. Robert Herbert, City Manager
William F. Clark, Director, Public Works
Diane S. Akers, Budget Administrator, Office of Management and Budget
Charles M. Huffine, City Engineer
Robert K. Bengtson, Traffic Engineer
Ellen S. Evans, Construction Cost Technician
D. Darwin Roupe, Manager, Supply Management
H:~A~ENI:N~,~MAY4.W130
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of May, 1998.
No. 33802-050498.
AN ORDINANCE to amend and reordain certain sections of the 1997-98 General
Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the City
of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 1997-98 General Fund Appropriations, be, and the same are hereby,
amended and reordained to read as follows, in part:
Armropriations
Public Works $ 26,140,658
Paving Program (1) ............................. · ........... 1,584,241
Fund Balance
Reserved for CMERP - City (2) ................................. $ 1,055,403
1)
2)
Fees for
Professional
Services
Reserved for
CMERP - City
(001-052-4120-2010)
(001-3323)
$350,000
(350,000)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
May 8, 1998
File ~60-137-514
SANDRA H. EAKIN
Deputy City Clerk
William White, Sr., Chair
Legislative Committee
3698 Partridge Lane, N. W.
Roanoke, Virginia 24017
Dear Mr. White:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
May 4, 1998, Council Member Trout requested that the matter of soliciting State funds for
certain of the City's street paving needs be referred to the Legislative Committee for
consideration as a part of the City's 1999 Legislative Program.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
pc: Wilbum C. Dibling, Jr., City Attorney
H:~~Y4.Wl~)
'98 /~PR 29 P1:0~1
May 4, 1998
No. 98-132
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
Subject:
Bid Committee Report
Asphalt Concrete Overlays and Pavement Profiling
Of Various Streets Within the City of Roanoke
Bid Committee Report attached is for paving and profiling of various streets within
the City of Roanoke. The 37,070 tons of asphalt will pave approximately 67 lane
miles. --
City street paving program's current ten-year average is shown on Attachment I.
The average number of lane miles paved during this ten-year period is 68.5 which
is greater than the 57 lane-miles desired each year.
Recommendation is that City Council approve the recommendations of the Bid
Committee Report.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/RKB/gpe
Attachments
copy: City Attorney
Director of Finance
Director of Public Works
Budget Administrator
City Engineer
Traffic Engineer
Construction Cost Technician
Manager, Supply Management
May 4, 1998
No. 98-132
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
Subject:
Bid Committee Report
Asphalt Concrete Overlays and Pavement Profiling
of Various Streets Within the City of Roanoke
Background
Ao
Bids were received in the Supply Management office on April 14, 1998.
These bids were publicly opened and read aloud for Asphalt Concrete
Overlays and Pavement Profiling of various streets within the City of
Roanoke. Three (3) bids were received and referred to the Bid Committee
for review and report back to City Council. The Iow bid, in the amount of
$1,410,508.00, was submitted by L. H. Sawyer Paving Company, Inc. (of
Salem, Virginia). Alternate No. I (raising manholes) was bid at $113,750.00,
resulting in a total bid of $1,524,258.00.
City Council has directed the Administration to give "every consideration" to
maintaining a 20-year paving cycle on City streets. The 20-year paving cycle
requires that 57 lane-miles be paved each year within the City of Roanoke.
(See Attachment I.)
Street conditions investigated by Streets & Traffic Department indicates that
78 lane-miles of streets are rated in the "A" category. This category includes
streets which are identified as being in the greatest need of resurfacing.
These determinations are based upon professional field judgement which
examines the extent of various types of pavement deterioration such as
cracking, rutting and raveling. Based upon funds available at the time of
project advertisement, 67 lane-miles were included in the work advertised for
bids.
Funding sources totaling $1,547,112.00 are listed on Attachment II and
would provide a unit price contract of $1,524,258.00 for 37,070 tons of
asphalt and $22,854 contingency for replacement of vehicle detectors (wire
loops embedded in the pavement surface at signalized intersections) that will
be destroyed as a result of the pavement profiling needed under this paving
No. 98-132 Bid Committee Report
Page 2
May 4, 1998
II
II1.
program. The paving contract will enable the resurfacing of 67 lane-miles of
streets at prices contained in the Iow bid shown on Attachment III. One of
the funding sources is the Fiscal Year 1998-99 Paving Program monies in
the amount of $1,197,112.00. Therefore, the proposed contract is based
upon funds included in the Fiscal Year 1998-99 budget to be adopted on
May 11, 1998. The remaining funding of $350,000 is provided by CMERP
and will be sufficient to cover contract expenditures prior to June 30, 1998.
Issues:
A. Compliance of the bidders with the requirement of contract documents.
B. Amount of the Iow bid.
C. Funding for construction.
D. Time of completion.
Alternatives:
Award the contract to L. H. Sawyer Paving Company, Inc., in the amount of
$1,524,258.00 (base bid plus Alternate No. 1) for paving, and establish a
contingency in the amount of $22,854.00 for a total of $1,547,112.00, in a
form acceptable to the City Attorney.
Compliance of the bidder with the requirements of the contract
documents was met.
Amount of the Iow bid is acceptable. The $29.30 price per ton of
asphalt is slightly less than last year's price of $29.39.
3. Funding for the project is available in the accounts listed in
Attachment II to pave 67 lane-miles.
4. Time of completion of the project is 180 days.
Award the contract to L. H. Sawyer Paving Company, Inc., in the amount of
$1,768,018 (Increased base bid plus Alternate No. 1) for paving, and
establish a contingency in the amount of $25,000.00 for a total of
$1,793,018, in a form acceptable to the City Attorney.
No. 98-132 Bid Committee Report
Page 3
May 4, 1998
IV
Compliance of the bidder with the requirements of the contact
document was met.
Amount of the Iow bid is acceptable. The .~29.30 price per ton of
asphalt is slightly less than last year's price of $29.39. Contract
amount, which will allow the City to pave 78 lane miles, is
$243,760.00 more than the Iow bid total (including Alternate No. 1).
The Streets and Traffic Department can increase the appropriate
quantities, as bid on a unit price basis. Project specifications state
that the City reserves the right to add to or to decrease the quantities
listed in the Bid Form in an amount that would not exceed 35 percent
of the total accepted Base Bid, without renegotiation of the unit prices.
Funding is not available for the additional $245,906.00 (for increased
quantities and increased contingency) that would be needed to pave
an additional 11 lane-miles, thereby paving all 78 lane-miles of A-
rated streets.
Time of completion of the project would be increased by 30 days to
a new total of 210 days.
C. Reject all bids and do not pave the City streets this year.
Compliance with requirements of the contract documents would not
be an issue.
Amount of the bid price would probably be higher if re-bid at a later
date.
3. Funding would not be spent at this time.
Time would become a factor in the deterioration of streets that need
paving now.
Recommendation is that City Council concur in Alternative "A" and take the
following specific actions:
Award the contact to L. H. Sawyer Paving Company, Inc., in the sum of
$1,524,258.00, and establish a contingency in the amount of $22,854.00 for
a total of $1,547,112.00 in a form acceptable to the City Attorney.
No. 98-132 Bid Committee Report
Page 4
May 4, 1998
Ap~)roDriate $350,000 in CMERP funding to Street Paving Account No. 001-
052-4120-2010.
Reiect the other bids received.
itted,
~l~n H. Pai(ro~an
William F. Clark
WVVsr/RKB/gpe
Attachments:
copy:
10 Year Summary (Attachment I)
Funding Sources (Attachment II)
Tabulation of Bids (Attachment III)
Street Paving/Profiling List
Street Paving Map
City Attorney
Director of Finance
City Manager
Budget Administrator
City Engineer
Traffic Engineer
Construction Cost Technician
Manager, Supply Management
ATTACHMENT I
CITY OF ROANOKE STREET PAVING PROGRAM
10 YEAR PERIOD
Approximate COST TOTAL
YEAR Lane Miles per ton CONTRACT
1989 98 24.61 $1,641,000.00
1990 57 24.61 $ 901,532.60
1991 70 21.77 $1,071,723.00
1992 75 20.23 $ 951,807.05
1993 60 24.61 $ 985,000.00
1994 57 26.15 $1,462,488.30
1995 76 26.49 $1,411,105.40
1996 67 26.37 $1,379,883.00
1997 57 29.39 $1,394,532.80
1998' 67 29.30 $1,524,258.00
TOTAL 685 $12,723,321.15
Ten-Year Avg. 68.5
*Paving Program proposed by this report
ATTACHMENT II
FY 1998 - 1999 PAVING PROGRAM
I TOTAL FUNDING REQUIRED .................................. $1,547,112.00
Funding Sources:
PART A (Fiscal Year 1998)
Capital Maintenance and Equipment Replacement Program
· General Fund
350,000.00
PART B (Recommended Fiscal year 1999 Budget)
Annual Paving Program
(001-052-4120-2010)
1,197,112.00
$1,547,112.00
ATTACHMENT III
TABULATION OF BIDS FOR
ASPHALT CONCRETE OVERLAYS AND PAVEMENT PROFILING
OF VARIOUS STREETS WITHIN THE CITY OF ROANOKE
Bids opened Tuesday, April 14, 1998, 2 p.m.
Names of Bidding Companies ................ L.H. Sawyer Paving Adams Construction S.R. Draper Paving
Company, Inc. Company Company, Inc.
PROPOSAL UNIT TOTAL UNIT TOTAL UNIT TOTAL
BID ITEM QUANTITIES PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT
Type SM-2A Bituminous Concrete 26,110 Tons 29.30 765,023.00 34.17 892,178.70 33.75 881,212.50
Type SM-2A Bituminous Concrete (non-polishing°) 5,260 Tons 37.00 194,620.00 35.80 188,308.00 37.65 198,039.00
Type SM-2B Bituminous Concrete (non-polishing) 3,000 Tons 36.00 108,000.00 34.25 102,750.00 35.80 107,400.00
Type $M-2C Bituminous Concrete (non-polishing) 2,700 Tons 36.00 97,200.00 35.18 94,986.00 37.95 102,465.00
Tack Coat 13,000 Gal. 0.97 12,610.00 0.86 11,180.00 1.00 13,000.00
Asphalt profiling 1" thick Type "A" 6,000 S.Y. 2.88 17,280.00 2.81 16,860.00 2.85 17,100.00
Asphalt profilin~ 1" thick Type "B' 74,120 S.Y. 1.65 122,298.00 1.67 123,780.40 1.67 123,780.40
Asphalt profilinoo 1" thick Type "D" 36,680 S.Y. 2.15 78,862.00 2.14 78,495.20 2.17 79,595.60
Concrete profilinoo 1" thick Type "D" 3,700 S.Y. 3.95 14,615.00 3.84 14,208.00 4.00 14,800.00
SUB-TOTAL (Base Bid) $1,410,508.00 $1,522,746.30 $1,537,392.50
TOTAL ALTERNATE NO.1
Raising Manholes (before paving) 650 ea. $175.00 $113,750.00 $156.56 $101,764.00 $167.00 $108,550.00
TOTAL ALTERNATE NO.2
Raising Manholes (after paving) 650 ea. $195.00 $126,750.00 $175.10 $113,815.00 $187.00 $121,550.00
TOTAL BID (does not include Alternate No. 2) $1,524,258.00 $1,624,510.30 $1,645,942.50
Engineer's Estimate $1.398,925 (base bid only) gt
~I. ~'/~RROTT, CHAIRMAN WILLIAM F CLARK
Northeast LINEAL AVERAGE APPROX. ACTUAL PROFILING APPROX.
LOCATION FROM TO FEET WIDTH TONNAGE TONNAGE TYPE SQ. YDS. COMMENTS
Blue Hills Drive I Orange Chip 5300 54 2700 SM-2C;NP
King Street I Atherly Belle 3200 2t 650 NP
Richard Avenue II Mecca Brattonlawn 3500 20 660
Cannaday Road II Mecca Dead End 1200 16 200
Jack Street II Belle Richard 500 14 100
Shull Road III Hollins Radford 1650 22 460
Radford Road III Rex Dead End 1050 22 220
Rex Street III Schull Radford 200 22 50
M=_~on Mill Road I Ho#ins Tinker Creek BHdge 2600 24 780 2" OveHay
Monterey Avenue II Oliver Northridge t100 34 360 B 1,700
Ho,_,~_ton Avenue II Northridge Dead End 1800 34 600 B 2,800
Alamo Circle II Houston Dead End 300 34 100 B 500
Palmer Avenue III Lela Tacoma 1800 16 280
Tacoma Street III Lela Palmer 460 16 60
Preston Avenue III Lela Bridge 350 36 120
/~l= Avenue III Tacoma Palmer 1500 16 230
Frontier Rna'" II Link Oliver 746 34 250 D 2,600
Fleming Avenue II Oakland Plantation 2500 36 850 A 6,000
Bright'#=;; Street II Fleming Wentworth 350 30 100
Oliver Ro=," II Fleming Trinkle 700 25 170
Fleming Avenue II Plantation Drew 700 28 190
Drew Avenue II Plantation Dead End 500 26 130
Kennedy Street III Liberty Fugate 1350 30 400 B t,000
Northwest (1 of 2) LINEAL AVERAGE APPROX. ACTUAL PROFILING APPROX.
LOCATION FROM TO FEET WIDTH TONNAGE TONNAGE TYPE SQ. YDS. COMMENTS
Peach Tree Drive II Showalter Northwood 1600 21 320
Showalter Road II Peach Tree Northwood 2000 30 600 B 1500
Northwood Drive II Showalter West Dead End 2750 20 530 B t60
Youngwood Drive II Northwood West Dead End 2000 21 400
Sigmon Road II Northwood Showalter 1300 23 300
Barnett Road II Northwood Youngwood 320 22 90
Syracuse Avenue III 17~ 19~ 550 34 t80 D 2100
17~ Street II Grayson Syracuse 500 30 150 B 800
Grayson Avenue II Rugby 17~ 1900 30 540 B 3000
14= Street II Rugby Gmyson 100 30 30 B 160
Hoback DHve III Femcliff Hemhberger Park 900 30 260
5~ Street I Bridge over RR 25' N. of bridge 30 48 20 D 320 NP;2"
Rockland Avenue II 10~ East Dead End 1100 21 220
Forest Park Boulevard II Melrose Aspen 2550 37 900 B 4000
Alder Street III Forest Park Dead End 200 24 50 NP
Palm Avenue II Melrose Forest Park 11t0 30 320 B 1800
Lombardy Avenue II Forest Park Golfside 1050 30 300 B 1600
Palmetto Street II Melrose Lombardy 1270 30 360 B 2000
Shenandoah Avenue I 22"~ 24~ 740 36 250 B 1200
B 5600 NP (300 tons) at north end
Old Stevens Road II Salem Turnpike Shenandoah 3600 44 1500 D 2000
Leslie Lane II Old Stevens Dead End 400 34 130 B 600
Northwest (2 of 2) LINEAL AVERAGE APPROX. ACTUAL PROFILING APPROX.
LOCATION FROM TO FEET WIDTH TONNAGE TONNAGE TYPE SQ. YDS. COMMENTS
Red Fox Drive II Salem Turnpike Dead End 2170 34 700 B 3400
Troutland Avenue II Westside Old Stevens 1200 38 430 B 1900
Maury Street II Long Meadow Red Fox 320 33 100 B 500
D 6O
Westside Boulevard Melrose Salem Turnpike 3440 24 960
Woodleigh Road Westside Dead End 950 27 250
Southeast LINEAL AVERAGE APPROX. ACTUAL PROFILING APPROX.
LOCATION FROM TO 'EET WIDTH TONNAGE TONNAGE TYPE SQ. YDS. COMMENTS
I
TaT. c~-.-cll Avenue III 16th Street 18th Street 800 28 220 B 660
Chumh Avenue III West Dead End 17th Street 1160 27 300
15th Street III Kirk Avenue South Dead End 350 27 100
16th Street III Tazewell Ave. Stewart Ave. 300 27 t00
16th Street III Church Tazewell 200 27 50
17th Street III Church Tazewell 250 24 70
18th S~-eet III Taz=w=~'. Wise t300 26 330 D 500 NP
Mountain Avenue II 4th Street 6th Street 800 24 200 B 1300
B 6500
Campbell Avenue I Willismson 12th Street 3700 40 1400 D 5000
B t'00
Wise Avenue III Norfolk 14th Street 800 34 270 D 600
12th S~,-eet III ~ Campbell 100 10 10 D t00
C;;.[~n II Greenbrier Vernon t000 19 180
Dale Avenue (EB) I 13th Street Railroad BHdge 4000 25 1000 B 6300
Benningten Street I 200' S. of Riverdale RiveHand 4000 22 860
Mt. P!e=_$=__qt Blvd. I 2226 Mt. Ple=__~=_nt City Limits 2700 22 570 NP
Southwest (1 of 2) LINEAL AVERAGE APPROX. ACTUAL PROFILING APPROX.
FEET WIDTH TONNAGE TONNAGE TYPE SQ. YDS. COMMENTS
LOCATION FROM TO
Brambleton Avenue I Brandon W. City Limits 10,150 30 3000 B 7850 SM-2B,NP
Bluefleld Boulevard II Persinger Dead End 1640 34 530 B 2550
Thorndale Street II Bluefleld n,~=d End 530 34 170 B 850
Brighton Road I Wasena Sherwood 2500 30 710 B 800 NP
Sherwood Avenue I Canterbury Main 900 30 270 B 1400
Oak Park Street II Hamilton Howbert 300 30 100
Valley Avenue II Oak Park 10= t430 22 300 B 1100
Gatewood Avenue II McV'~ty Norwood 900 21 180
Greenfield Street II Norwood Deed End 1150 20 220
O=_k!eigh Avenue II Greenfield Greenfield 700 21 140
Cravens Creek Road III Deyerle Crestmoor 2800 18 480
~_d,~ood Street 500' N. of Brandon Memorial 3500 33 1100 B 1600 NP
Men~orial Avenue I Fauquier Grandin 3000 30 850 D 15,500
ShiHey Avenue II Grandin Arden 1250 25 300 B 300
Southwest (2 of 2) LINEAL AVERAGE APPROX. ACTUAL PROFILING APPROX.
LOCATION FROM TO =EET WIDTH TONNAGE TONNAGE TYPE SQ. YDS. COMMENTS
Winbome Street II ~e,~orial Windsor t430 30 410 B 2300
'W==tover Avenue II Grandin Winbome 400 27 100 B 600
_~d_!~burgh Street III ~ Franklin 20 42 10 D 200
Pave % of ~-~; NP; coordl~
=ranklin Road I Brsndon D==chwood 5400 3t 1580 B 4200 with waterline project
No~o~k Avenue III 3~ S~ee~ 5~ Street 1060 24 240 B 800
3~ S;=-~t I I~loi~olk Franklin t450 33 450 D 5400
Church Avenue I 2~ S~ii{ 3~ Street 300 35 100 D t200
1 ~ S~eet $=_!em Church 700 30 200 B t t00
$=_!em Avenue Jefferson 1% Street 900 37 320 D (conc.) 3700 Conch=;= milling
3~ Street III Elm 150' S. of Franklin 450 24 100 D 1200
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
May 8, 1998
File ~60-237
SANDRA H. EAKIN
Deputy City Clerk
Gregory C. Hale, Vice-President
Hico, Inc.
P. O. Box 5009
Christiansburg, Virginia 24068
Rebecca T. Meadows, President
Strahle Construction Company, Inc.
6000 Goodview Road
Goodview, Virginia 24095
Dear Ms. Meadows and Mr. Hale:
I am enclosing copy of Ordinance No. 33804-050498 accepting the bid of Alan L. Amos,
Inc., in the amount of $152,839.00, for demolition and asbestos abatement of 26 homes
in the Garden City area; and rejecting all other bids made to the City. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, May 4, 1998.
On behalf of the City of Roanoke, I would like to express appreciation for submitting your
bid on the abovedescribed project.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
H:~AGENDA~MAY4.~
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
May 8, 1998
File ~t60-237
SANDRA H. EAKIN
Deputy City Clerk
Alan L. Amos, President
Alan L. Amos, Inc.
915 Pocahontas Avenue, N. E.
Roanoke, Virginia 24012
Dear Mr. Amos:
I am enclosing copy of Ordinance No. 33804-050498 accepting the bid of Alan L. Amos,
Inc., in the amount of $152,839.00, for demolition and asbestos abatement of 26 homes
in the Garden City area; and rejecting all other bids made to the City. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, May 4, 1998.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Enclosure
W. Robert Herbert, City Manager
The Honorable Sherman A. Holland, Commissioner of the Revenue
James D. Grisso, Director of Finance
William F. Clark, Director, Public Works
Delores C. Daniels, Assistant to the City Manager for Community Relations
Charles M. Huffine, City Engineer
Ellen S. Evans, Construction Cost Technician
Diane S. Akers, Budget Administrator, Office of Management and Budget
D. Danvin Roupe, Manager, Supply Management
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of May, 1998.
No. 33804-050498.
AN ORDINANCE accepting the bid of Alan L. Amos, Inc., for the demolition and asbestos
abatement of 26 houses for the Garden City Demolition Project, upon certain terms and conditions,
and awarding a contract therefor; authorizing the proper City officials to execute the requisite
contract for such work; rejecting all other bids made to the City for the work; and providing for an
emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of Alan L. Amos, Inc., in the total amount of$152,839 for the demolition and
asbestos abatement of 26 houses for the Garden City Demolition Project, as is more particularly set
forth in the City Manager's report dated May 4, 1998, to this Council, such bid being in full
compliance with the City's plans and specifications made therefor and as provided in the contract
documents offered said bidder, which bid is on file in the Office of Supply Management, be and is
hereby ACCEPTED.
2. The City Manager or the Assistant City Manager and the City Clerk are hereby
authorized on behalf of the City to execute and attest, respectively, the requisite contract with the
successful bidder, based on its proposal made therefor and the City's specifications made therefor,
said contract to be in such form as is approved by the City Attorney, and the cost of said work to be
paid for out of funds heretofore or simultaneously appropriated by Council.
3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED,
and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation
for such bid.
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.
RECEi'v£~
'98 APR 29 A8:10
May 4, 1998
Council Report No. 98-133
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject: BID COMMITTEE REPORT
GARDEN CITY DEMOLITION PROJECT
BID NO. 98-2-24
We, the undersigned Bid Committee, hereby submit the attached report for your
consideration.
~ ~l,y~bm~~.
J~ i~/.~arrott, Chairman
Carroll E. Swain ·
William F. Clark
JGR/jgr
Attachment: Bid Committee Report
C:
City Attorney
City Clerk
Director of Finance
Director of Public Works
Assistant to the City Manager for Community Relations
City Engineer
Construction Cost Technician
Budget Administrator
Manager, Office of Supply Management
Commissioner of the Revenue
H:~USER\ENGGJR\BCR\GCDEMO2.BCR
May 4, 1998
Council Report No. 98-133
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject: BID COMMITTEE REPORT
GARDEN CITY DEMOLITION PROJECT
BID NO. 98-2-24
I concur with the Bid Committee recommendation relative to the above project and
recommend it to you for appropriate action.
Sincerely,
W. Robert Herbert
City Manager
JGR/jgr
Attachment: Bid Committee Report
C:
City Attorney
City Clerk
Director of Finance
Director of Public Works
Assistant to City Manager for Community Relations
City Engineer
Construction Cost Technician
Budget Administrator
Manager, Office of Supply Management
Commissioner of Revenue
H:\USER\ENGGJR~BCR\GCDEMO2.BCR
May 4, 1998
Council Report No. 98-133
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject: BID COMMITTEE REPORT
GARDEN CITY DEMOLITION PROJECT
BID NO, 98-2-24
Background on the subject in chronological order is as follows:
In November, 1996, the City was awarded a Hazard Mitigation Grant to
Durchase 39 flood Drone homes in the Garden City area.
Under this program, the City is re(~uired to remove any homes which are
purchased and return the pro0ertv to open space. The City has currently
purchased 26 homes under this program and is ready to begin demolition.
Co
Bids for this Dro!ect were _~reviouslv received by D. Darwin Roupe, Manager,
Office of Supply Management, on Tuesday, March 31, 1998. Due to a required
change in the project specifications, all bids were rejected by Council Report No.
98-130 at the Roanoke City Council meeting on April 20, 1998.
Following the revision of pro!ect specifications and proper advertisement,
revised bids for the demolition and asbestos abatement of these 26 houses
were publicly oDened and read aloud by D. Darwin Roupe, Manager, Office of
Supply Management, on Tuesday, April 21, 1998.
Three (3) bids were received for the demolition and asbestos abatement on each
of the 26 houses included in this pro!ect. Bids were evaluated based on the Iow
bid for each individual house as follows:
Bidder Number Total Contract
of Houses Amount Time
with Iow bid of bid
1. Alan L. Amos Inc., (Roanoke, VA) 26 $152,839 240
2. HICO, inc., (Christiansburg, VA) 0 $224,687
3. Strahle Construction Company, Inc. 0 $342,183
(Goodview, VA)
II.
Current situation is as follows:
A. Project has been bid and contract needs to be executed.
~:\USER\E/~GGJR\BCR\GCDEMO2.BCR
Honorable Mayor and Members of City Council
BID COMMITTEE REPORT
GARDEN CITY DEMOLITION PROJECT
BID NO. 98-2-24
May 4, 1998
Page 2
III.
IV.
Issues in order of importance are as follows:
A. Amount of the Iow bid
B. Fundina
C. Time of completion
Alternatives in order of feasibility are as follows:
A. Award a lump sum contract to Alan L. Amos, Inc., in the amount
$152.839.00 and 240 consecutive calendar days for completion.
1.
Re!ect
1.
2.
3.
of
Amount of the Iow bid is 16% below the engineer's estimate, which is
acceptable.
Funding is available in account number 008-052-9696. Ordinance
33264-020397 appropriated funding from FEMA, the Virginia
Department of Emergency Services, and CMERP to this project. Part of
the project included the removal of existing structures following the
purchase of properties.
Time of completion is quoted at 240 days, which is acceptable.
the bids and do not award a contract at this time.
Amount of the Iow bid could increase at a later date.
Funding would not be encumbered at this time.
Time of completion would be extended.
Recommendation is as follows:
City Council concur in alternative "A" and take the following actions:
Ao
Authorize the City Manager to enter into a contractual agreement, in form
approved by the City Attorney, with Alan L. Amos, Inc., in the amount of
$152.839.00 and 240 consecutive calendar days, for the demolition and
asbestos abatement of 26 homes in the Garden City area.
~:\USER~ENGGJR\BCR~GCDEMO2.BCR
Honorable Mayor and Members of City Council
BID COMMITTEE REPORT
GARDEN CITY DEMOLITION PROJECT
BID NO. 98-2-24
May 4, 1998
Page 3
JGR/kh
Attachment: Bid Tabulation
C:
City Attorney
City Clerk
Director of Finance
Director of Public Works
Assistant to City Manager for Community Relations
City Engineer
Construction Cost Technician
Budget Administrator
Manager, Office of Supply Management
Commissioner of Revenue
H:\USER\ENGGJR\BCR\GCDEMO2.BCR
BID TABULATION 4/22/98
Garden City Demolition Project
Bid No. 98-2-24
Bid No.: 98-2-24 Garden City Demolition Project
Bid Date: April 21, 1998 I
I I
Contractor: ~ Alan L. Amos, Inc. Hico Inc. Strahle Constr.
Bid
No. Street Address Bid Bid Bid
1 2502 Garden City Blvd. $ 9,415.00 $ 10,949.00 $ 18,386.00
2 2508 Garden City Blvd. $ 8,580.00 $ 10,712.00 $ 17,673.00
3 ~1314 Findlay Blvd. $ 7,514.00 $ 9,806.00 $ 18,247.00
4 1320 Findlay Blvd. $ 10,810.00 $ 12,561.00 $ 33,223.00
5 1016,Tipton Ave. $ 7,475.00 $ 8,770.00 $ 17,973.00
6 2402 Garden City Blvd. $ 4,718.00 $ .... 6,285.00 $ 5,~82.00
7 2667 Garden City Blvd. $ 3,940.00 $ 6,131.00 $ 10,233.00
8 --' 2673 Garden City Blvd. $ 6,307.00 $ - 8,563.00 $ 13,325.00-
9 13201Thomason Rd. $ 4,240.00 $ 6,179.00 $ 9,879.00
10 131~ Craig Robertson Rd. $ 7,260.00 $ 9,219.00 $ 14,270.00
11 1014 Ray Rd. $ 7,700.00 $ 15,384.00 $ 23,586.00
12 2310 Garden City Blvd. $ 3,050.00 $ 4,9§1.00 $ 9,763.00
13 .... 2328 Garden City Blvd. $ 5,500.00 $ 12,156.00 $ 10,319.00
14 2336 Garden City Blvd. $ 5,500.00 $ 7,624.00 $ 9,956.00
15 2340 Garden City Blvd. $ 3,040.00 $ 5,235.00 $ 5,362.00
16 2662 Garden City Blvd. $ 7,200.00 $ 11,819.00 $ 12,876.00
-' 17 13011Rose Ave. $ 3,600.00 $ 5,245.00 $ 9,759.00
18 1319 Thomason Rd. $ 5,750.00 $ 8,042.00 $ 8,796.00
19 1311 Findlay Blvd. $ 6,125.00 $ 12,772.00 $ 13,492.00
20 2907 Bonlyn Circle $ 5,325.00 $ 7,190.00 $ 7,138.00
21 2912 Bonlyn Circle $ 5,340.00 $ 6,759.00 $ 8,624.00
22 2913 Bonlyn Circle $ 5,800.00 $ 8,275.00 $ 9,314.00
23 1004 Ethel Rd. $ 3,800.00 $ 5,418.00 $ 10,336.00
24 1018 Ethel Rd. $ 4,900.00 $ 6,943.00 $ 21,346.00
25 2314 Garden City Blvd. $ 3,80~.00 $ 5,816.00 $ 8,433.00
26 1315 RoseAve. $ 6,150.00 $ 11,853.00 $ 13,892.00
Total: $ 152,839.00 $ 224,687.00 $ 342,183.00
No. of Houses: 26 Houses
i Contract Time: 240 Days
gcdmotab2
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
May 8, 1998
File #2-5-60-373-468
SANDRA H. EAKIN
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 33807-050498 providing for acquisition of property
located at 348 Campbell Avenue, S. W., to address additional space needs of the Police
Department; setting a limit on the consideration to be offered by the City; and providing for
the City's acquisition of the property by condemnation, under certain circumstances. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, May 4, 1998.
Sincerely,
Mary F. Parker, CMClAAE
City Clerk
MFP:Io
Attachment
pc;
Kit B. Kiser, Director, Utilities and Operations
George C. Snead, Jr., Director, Public Safety
A. L. Gaskins, Chief of Police
Charles M. Huffine, City Engineer
Delores C. Daniels, Assistant to the City Manager for Community Relations
Glenn A. Asher, Risk Management
Diane S. Akers, Budget Administrator, Office of Management and Budget
Sarah E. Fitton, Engineering Coordinator
Wilburn C. Dibling, City Attorney
Director of Finance
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of May, 1998.
No. 33807-050498.
AN ORDINANCE providing for the acquisition of certain real
property, and the improvements thereon, needed by the City for
additional space for the Roanoke City Police Department; setting a
limit on the consideration to be offered by the City; providing for
the City's acquisition of such property by condemnation, under
certain circumstances; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. To provide adequate space for the Roanoke City Police
Department, the City wants and needs certain real property, and the
improvements thereon, bearing Official Tax No. 1011306, located at
348 Campbell Avenue, S.W., as set forth in the report and
attachments thereto of the Water Resources Committee dated May 4,
1998. The proper City officials are authorized to acquire this
property for such consideration as the City Manager may deem
appropriate, subject to the limitation set out below and subject to
applicable statutory guidelines. All requisite documents shall be
upon form approved by the City Attorney.
2. A public necessity and use exists for the acquisition of
said property and immediate acquisition by purchase or condemnation
is necessary and expedient.
3. The City Manager is directed to offer on behalf of the
City to the owner of the property such consideration as he deems
appropriate; provided, however, the total consideration offered or
expended and any and all necessary closing costs, including title
search fees, attorney's fees, and recordation costs, shall not
exceed $820,000.00 without further authorization of Council. Upon
the acceptance of an offer and upon delivery to the City of a deed,
approved as to form and execution by the City Attorney, the
Director of Finance is directed to pay the consideration to the
owner of the interest conveyed, certified by the City Attorney to
be entitled to the same.
4. Should the City be unable to agree with the owner of the
property to be acquired as to the compensation to be paid or other
terms of purchase or settlement, or should the owner be a person
under disability lacking capacity to convey said property rights or
should the whereabouts of the owner be unknown, the City Attorney,
is authorized and directed to institute condemnation or legal
proceedings to acquire for the City the appropriate property
rights.
5. In instituting or conducting any condemnation proceeding,
the City Attorney is authorized to make motion on behalf of the
City for a right of entry pursuant to §25-46.8 of the Code of
Virginia (1950), as amended, for the purpose of commencing the
project. The Director of Finance, upon request of the City
Attorney, shall be authorized and directed to draw and pay into
Court the appropriate sums in connection with such proceedings.
6. 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
H:\ORD\O-ACQ-AL. 1 A
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
May 8,1998
File ~2-5-60-373-468
SANDRA H. EAKIN
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 33806-050498 amending and reordaining certain
sections of the 1997-98 Capital Projects Fund Appropriations, providing for appropriation
of $820,000.00, in connection with acquisition of property located at 348 Campbell
Avenue, S. W., to address additional space needs of the Police Department. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, May 4, 1998.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Attachment
W. Robert Herbert, City Manager
Kit B. Kiser, Director, Utilities and Operations
George C. Sneed, Jr., Director, Public Safety
A. L. Gaskins, Chief of Police
Charles M. Huffine, City Engineer
Delores C. Daniels, Assistant to the City Manager for Community Relations
Glenn A. Asher, Risk Management
Diane S. Akers, Budget Administrator, Office of Management and Budget
Sarah E. Fitton, Engineering Coordinator
H:~4~3ENDAg~J~%Y4.WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of May, 1998.
No. 33806-050498.
AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital
Projects Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the City
of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that
certain sections of the 1997-98 Capital Projects Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
Appropriations
General Government Capital Projects $
Proposed Police Facility (1) .................................
Capital Improvement Reserve $
Public Improvement Bonds - Series 1997 (2) ...................
14,905,521
895,000
13,605,944
4,004,350
1) Appropriated from
Bond Funds (008-052-9564-9001) $ 820,000
2) Buildings (008-052-9706-9183) (820,000)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
(;ITY 01 :~::i717 (:~:::
May 4, 1998
Report No. 98-329
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Acquisition of Property - 348 Campbell Avenue, S.W.
The attached staff report was considered by the Water Resources Committee at its regular
meeting on April 20, 1998. The Committee recommends that Council take the following actions
in accordance with conditions stated in the attached report:
Authorize the acquisition of the property at 348 Campbell Avenue, Tax
Map No. 1011306. Said property may be acquired by negotiation or
eminent domain.
Appropriate $820,000 from 1997 Bond proceeds account #008-052-9706-
9183 to account #008-052-9564-9001 - Proposed Police Facility, to provide
funds for title reports, appraisals, recordation costs, surveys, testing, and
acquisition of property rights, etc.
o
Authorize the City Manager or the Assistant City Manager and the City
Clerk to execute and attest, respectively, the necessary documents, in a form
approved by the City Attorney, to acquire this property.
Respectfully submitted,
Linda F. Wyatt, Chairperson
Water Resources Committee
LFW:KBK:afm
Attachment
cc: Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director of Utilities & Operations
George C. Snead, Director of Public Safety
A. L. Gaskins, Chief of Police
Charles M. Huffine, City Engineer
D. D. Daniels, Assistant to the City Manager for Community Relations
Glenn A. Asher, Manager, Risk Management
Diane S. Akers, Budget Administrator
Sarah E. Fitton, Engineering Coordinator
Report No. 98-329
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
DATE: April 20, 1998
TO:
FROM:
BemberstWater Resources Committee
· Kiser, Direct_or,,, Utilities and Operations thru
W. Robert Herb~~ Manager
SUBJECT: Acquisition of Property - 348 Campbell Avenue, SW
Background in chronological order is as follows:
A. Increased space requirements of the Roanoke City Police Department
has been a growing concern for a number of years.
B. The 1997 Bond Referendum included $3,940,000 in funding to acquire
and remodel a building in the 300 block of Campbell Avenue.
One property located at 348 Campbell Avenue, SW, Tax Map No.
1011306, has been identified as the best site to acquire to address the
need for additional space.
II.
Current Situation is as follows:
The owner of this property, The Allegheny Company, has been contacted
(see attached letters), and has indicated an interest in selling the property
to the City of Roanoke. As of this writing, the property owner has not
accepted the City's offer.
The property is assessed for tax purposes at a value of $780,000· There
are currently accrued taxes and penalties on the property of $82,019.
The building will require significant renovation in order to adapt it to the
needs of the Police Department.
Members, Water Resources Committee
April 20, 1998
Acquisition of Property
348 Campbell Avenue, SW
Page 2
III.
Issues in order of importance are:
A. Need
B. Timing
C. Funding
IV.
Alternatives in order of feasibility are:
Water Resources Committee recommends that City Council authorize the
City Manager to take appropriate action in order to accomplish the
acquisition of the property at 348 Campbell Avenue, Tax Map No.
1011306, by negotiation or eminent domain.
Need of the requested property for the expansion of the Police
Department is met.
2. Timing to acquire the property as soon as possible is met.
Funding is available from the sale of $1,000,000 1997 public
improvement bonds and may be appropriated to account #008-052-
9564-9001 - Proposed Police Facility.
Water Resources Committee does not recommend that City Council
authorize the City Manager to take appropriate action in order to
accomplish the acquisition of the property at 348 Campbell Avenue,
Tax Map No. 1011 306.
Need of the requested property for the expansion of the Police
Department is not met.
2. Timing to acquire the property as soon as possible is not met.
3. Funding would not be appropriated at this time.
Members, Water Resources Committee
April 20, 1998
Acquisition of Property
348 Campbell Avenue, SW
Page 3
Water Resources Committee's Recommendation is that City Council approve
Alternative "A", and take the following actions:
Authorize the acquisition of the property_ at 348 Campbell Avenue, Tax
Map No. 1011306. Said property may be acquired by negotiation or
eminent domain.
Appropriate $820,000.00 from 1997 Bond proceeds account #008-052-
9706-9183 to account #008-052-9564-9001 - Proposed Police Facility,
to provide funds for title reports, appraisals, recordation costs, surveys,
testing, and acquisition of property rights, etc.
Authorize the City Manager or the Assistant City Manager and the City
Clerk to execute and attest, respectively, the necessary documents, in a
form approved by the City Attorney, to acquire this property.
WRH/KBK/SEF
Attachments
CC;
City Attorney
Director of Finance
Director of Public Safety
Director of Utilities and Operations
Chief of Police
Assistant to City Manager for Community Relations
City Engineer
Risk Manager
Engineering Coordinator
Budget Administrator
Director of Utilities & Operations
NEW FAX NO. f$40~
CERTIFIED MAIL
January 30, 1998
The Allegheny Company
c/o Mr. Robert A. Posner
515 Madison Avenue
20th Floor
New York, NY 10022-5403
The Allegheny Company
c/o Mr. S. Paul Posner
277 Park Avenue
27th Floor
New York, NY 10172-2799
Dear Mr. Posner:
Re:
City of Roanoke's Offer to Purchase Two-Story
Office Building Located at 348 Campbell Avenue,
S.W., Tax Map No. 1011306
This letter constitutes an offer by the City of Roanoke to
purchase the above listed property for $750,000, free and clear
of all liens and encumbrances. The property was appraised by an
independent appraiser at a value of $656,000, copy of letter of
transmittal is enclosed. The City has the property assessed for
taxes at a value of $780,000. Our asbestos survey indicates the
need to spend an estimated extra $40,000 for asbestos removal due
to the type of pipe fitting insulation, floor tile and roofing
material encountered. I believe the asbestos detracts from the
value to the City since our use anticipates remodeling which will
require removal of the asbestos·
This offer is subject to Council approval and the deduction
of $82,019.00 of accrued taxes and penalties or such amount that
is outstanding at the time of settlement.
Please advise of your acceptance of this offer at your
earliest opportunity.
Respectfully,
· Kiser, Director
Utilities & Operations
KBK:JMB:afm
Attachment
cc: John M. Bowman, Real Estate AcquisitionAgent
Room 354 MuniCll:~al Builc~ 215 Churc~ Avel~e. S.W. ~, ~ 24011 (703) 981-2602
Director of U~ilities & Opera,ions
NEW TEZ. EPHONE NO. 040) 855-2602
NEW FAX NO. 040)
CERTIFIED MAIL
The Allegheny Company
c/o Mr. Robert A. Posner
515 Madison Avenue
20th Floor
New York, NY 10022-5403
March 6, 1998
,~~y Company
\ ~.~l~~~aul Posner
~h~J~--"-277 Park Avenue 27th Floor
New York, NY 10172-2799
Gentlemen:
Re: 348 Campbell Avenue Property
It has been in excess of 30 days since my offer to you on
behalf of the City per letter of January 30, 1998, copy attached.
While I have spoken to you and met with your attorneys since that
time, I have not received a formal reply to the January 30 offer.
Time is becoming an issue. I prefer to arrive at a mutually
agreeable purchase agreement rather than to recommend that the
City pursue acquisition through the condemnation process.
Please let me know if my offer is agreeable. I will make a
decision by April 1, 1998, as to whether to recommend to City
Council that it purchase the property at a price we have agreed
upon or to ask for authorization to proceed to acquire the
property through the condemnation process.
Thank you for your attention to this matter.
Respectfully,
Ki~B.~K~ er~, Director
Utilities & Operations
KBK:afm
Attachment
CC:
Gladys Yates, Assistant City Attorney
G. Michael Pace, Jr., Attorney
Charles H. Osterhoudt, Attorney
.~John M. Bowman, Real Estate Acquisition Agent
Room 354 Municil:~l Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2b02
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
May 8, 1998
File #2-166-468
SANDRA H. EAKIN
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 33808-050498 declaring City. owned property
located on Nelms Lane, N. E., identified as Official Tax Nos. 7390713 and 7400500, to be
surplus property and authorizing its advertisement for sale to the general public. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, May 4, 1998.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Attachment
pc:
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
Charles M. Huffine, City Engineer
Delores C. Daniels, Assistant to the City Manager for Community Relations
Jesse H. Perdue, Jr., Manager, Water Department
D. Darwin Roupe, Manager, Supply Management
Diane S. Akers, Budget Administrator, Office of Management and Budget
Sarah E. Fitton, Engineering Coordinator
H:~ENDAg~MAY4.WPO
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of May, 1998.
No. 33808-050498.
A RESOLUTION declaring certain City-owned real estate,
identified by Official Tax Nos. 7390713 and 7400500, to be surplus
property and authorizing its advertisement for sale to the general
public.
BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. This Council does hereby declare two tracts of City-owned
real estate, located at the end of Nelms Lane, N.E., bearing
Official Tax Nos. 7390713 and 7400500, as more particularly shown
on an attachment to the Water Resources Committee report to this
Council dated May 4, 1998, as surplus property.
2. The City Manager, or his designee, is authorized to
advertise this property for sale to the general public in a
newspaper with general circulation, in accordance with the
provisions in the Water Resources Committee report to this Council
dated May 4, 1998.
ATTEST:
City Clerk.
'98 24
, ,, ~,F1 :t 4 May 4, 1998
Report No. 98-331
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Surplus City-owned Property
Tax Nos. 7400500 & 7390713
The attached staff report was considered by the Water Resources Committee at its regular
meeting on April 20, 1998. The Committee recommends that Council authorize the
advertisement of Tax Map Nos. 7390713 containing approximately .25 acres and 7400500
containing approximately .37 acres for sale by quitclaim deed to the general public, in
accordance with conditions stated in the attached report.
Respectfully submitted,
Chair~
~Lin~da F. Wyatt,/
Water Resources Committee
LFW:KBK:afm
Attachment
Wilburn C. Dibling, Jr., City Attorney
James D. Crrisso, Director of Finance
Kit B. Kiser, Director of Utilities & Operations
Charles M. Huffine, City Engineer
D. D. Daniels, Assistant to the City Manager for Community Relations
Jesse H. Perdue, Jr., Manager, Water Department
D. D. Roupe, Manager, Supply Management
Diane S. Akers, Budget Administrator
Sarah E. Fitton, Engineering Coordinator
Report No. 98-331
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
DATE:
TO:
FROM:
SUBJECT:
April 20, 1998
Members, Vyater Resources Committee
· ~,iser, Dir,ec~! tUtilities and Operations thru
W. Robert Her~Manager
Surplus City-owned Property
Tax Nos. 7400500 & 7390713
II.
Background in chronological order is as follows:
A. Properties are located in Roanoke City at the end of Nelms Lane, NE
Properties were acquired by the City in 1980 as a part of the private
Monterey North Water System. City has since extended water service to
this area and dismantled the private water system.
Office of Real Estate Valuation has established the following values for
tax purposes:
1. Tax No. 7390713 is valued at $11,000.00.
2. Tax No. 7400500 is valued at $100.00.
Current Situation is as follows:
Property is no longer needed by the City and may be sold as surplus
property.
Bo
City Policy requires surplus property to be advertised and sold to the
highest bidder if that property can be used to construct a separate
structure.
Members, Water Resources Committee
Surplus City-Owned Property
April 20, 1998
Page 2
III.
Issues in order of importance are:
A. Need
IV.
B. Cost to City
C. Income to City
Alternatives in order of feasibility are:
Water Resources Committee recommends that City Council authorize the
advertisement of Tax Map Nos. 7390713 containing approximately .25
acres and 7400500 containing approximately .37 acres for sale to the
general public. Purchaser to be responsible for all surveying, plat
preparation, and legal documents in a form acceptable to the City
Attorney.
Need no longer exists for this property acquired as part of the private
Monterey North Water System
Cost to City will be the price of newspaper advertisement, estimated
to be $200.00.
Income to City is the sale price of lot. Minimum sale price to be
stated at $1,000 for Tax No. 7400500 and $10,000 for Tax No.
7390713.
Bo
Water Resources Committee does not recommend that City Council
authorize the advertisement of Tax Map Nos. 7390713 containing
approximately .25 acres and 7400500 containing approximately .37 acres
for sale to the general public. Purchaser to be responsible for all
surveying, plat preparation, and legal documents in a form acceptable to
the City Attorney.
Need will still not exist for this property acquired as part of the
private Monterey North Water System
2. Cost to City will be the cost of mowing the property.
3. Income to City will be zero.
Members, Water Resources Committee
Surplus City-Owned Property
April 20, 1998
Page 3
Water Resources Committee's Recommendation is that City Council authorize
the advertisement of Tax Map Nos. 7390713 containing approximately .25
acres and 7400500 containing approximately .37 acres for sale by quitclaim
deed to the general public, in accordance with Alternative "A".
WRH/KBK/SEF
Attachments
cc: City Attorney
Director of Finance
Director of Public Works
Director of Utilities and Operations
Assistant to City Manager for Community Relations
City Engineer
Manager, Water Department
Manager, Office of Supply Management
Budget Administrator
Engineering Coordinator
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
May 8, 1998
File #2-20-467-468
SANDRA H. EAKIN
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 33809-050498 authorizing acceptance of certain
property dghts from the Commonwealth of Virginia, State Board for Community Colleges,
in connection with the Colonial/McNeil Signalization project. The abovereferenced
measure was adopted by the Council of the City of Roanoke at a regular meeting which
was held on Monday, May 4, 1998.
Sincerely, p~,,~.&.....
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Attachment
pc:
James D. Grisso, Director of Finance
William F. Clark, Director, Public Works
Kit B. Kiser, Director, Utilities and Operations
Charles M. Huffine, City Engineer
Delores C. Daniels, Assistant to the City Manager for Community Relations
Robert K. Bengtson, Traffic Engineer
Diane S. Akers, Budget Administrator, Office of Management and Budget
Sarah E. Fitton, Engineering Coordinator
Dr. Charles L. Downs, Virginia Western Community College, P. O. Box
14007, Roanoke, Virginia 24038
H:~.QENDAB~M. AY4.W~O
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of May, 1998.
No. 33809-050498.
AN ORDINANCE authorizing acceptance of certain property rights
from the Commonwealth of Virginia, State Board
Colleges, in connection with the Colonial/McNeil
Project; and providing for an emergency.
for Community
Signalization
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City authorizes the appropriate City officials to
take the necessary action to accept the conveyance of certain
property rights from the Commonwealth of Virginia, State Board for
Community Colleges, in connection with the Colonial/McNeil
Signalization Project upon its property located on Colonial Avenue,
S.W., on the northerly campus of the Virginia Western Community
College, such conveyance to be by instrument approved by the City
Attorney and to contain certain indemnification language, as more
particularly set forth in the report of the Water Resources
Committee to this Council dated May 4, 1998.
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.
H:\ORD\O-V%VCC. 1 A
RECEI\'ED
CITY n' "':~ ~
'98 ~,.ss ,~ ,
,. ,;.4,~?'q,, .' 'I' -~ '~ May 4, 1998
Report No. 98-333
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Property Rights Acquisition
Colonial/McNeil Signalization Project
The attached staff report was considered by the Water Resources Committee at its regular
meeting on April 20, 1998. The Committee recommends that Council authorize the proper City
officials to take the necessary action to accept the necessary property rights from the State Board
for Community Colleges, in a form acceptable to the City Attorney,
conditions stated in the attached report.
LFW:KBK:afm
Attachment
in accordancewith
Respectfully submitted,
Chairperson
Water Resources Committee
cc:
Wilbum C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director of Utilities & Operations
Charles M. Huffine, City Engineer
D. D. Daniels, Assistant to the City Manager for Community Relations
Robert K. Bengtson, Traffic Engineer
Diane S. Askers, Budget Administrator
Sarah E. Fitton, Engineering Coordinator
Report No. 98-333
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
DATE:
TO:
FROM:
SUBJECT:
I1.
April 20, 1998
K~i~embers. Water Resources Committee
Kit B. Kiser, Dire,ct~r~LUtilities and Operations thru
W. Robert Herbe[~aEy Manager
Property Rights Acquisition
Colonial/McNeil Signalization Project
Background in chronological order is as follows:
Ap
Ord. No. 33541-080497, adopted by City Council on August 4, 1997,
authorized the acquisition of certain property rights required for the
above referenced project.
State Board for Community Colleges has agreed to permit the installation
of the traffic signal control equipment on their property.
Current Situation is as follows:
The proposed deed, which was prepared by the State, donates to the City
the necessary property rights for the signal equipment.
The deed contains indemnification language, which must be approved by
City Council (see attached Deed of Easement).
II1.
Issues in order of importance are:
A. Need
B. Timing
C. Funding
Members, Water Resources Committee
Property Rights Acquisition
Colonial/McNeil Signalization Project
April 20, 1998
Page 2
IV.
Alternatives in order of feasibility are:
Ao
Water Resources Committee recommends that City_ Council authorize the
proper City officials to take the necessary action to accept the necessary
property rights from the State Board for Community Colleges, in a form
acceptable to the City Attorney.
1. Need for site to locate traffic signal equipment is met.
Timing to acquire property rights to avoid delay of construction is
critical.
3. Indemnification of the State by the City is required.
Water Resources Committee does not recommend that City Council
authorize the proper City officials to take the necessary action to accept
the necessary property rights from the State Board for Community
Colleges, in a form acceptable to the City Attorney.
1. Need for site to locate traffic signal equipment is not met.
2. Timing of construction project will be delayed.
Indemnification will not be an issue. An alternative site will have
to be identified and acquired, adversely affecting construction
schedules.
Water Resources Committee recommends that Cit_v Council authorize the
proper City officials to take the necessary action to accept the necessary
property rights from the State Board for Community Colleges, in a form
acceptable to the City Attorney, in accordance with Alternative "A".
WRH/KBK/SEF
Members, Water Resources Committee
Property Rights Acquisition
Colonial/McNeil Signalization Project
April 20, 1998
Page 3
Attachment
CC:
City Attorney
Director of Finance
Director of Public Works
Director of Utilities and Operations
Assistant to City Manager for Community Relations
Budget Administrator
Traffic Engineer
City Engineer
Engineering Coordinator
UTILITY EASEMENT
Tract Number 286-00002
This Deed of Easement, made this day of
, 1998, by and between the Commonwealth of Virginia, State
Board for Community COlleges, called Grantor, and the City of Roanoke, Virginia, a
municipal corporation organized and existing under the laws of the Commonwealth of
Virginia, hereinafter called Grantee.
WITNESSETH
That for the sum of one dollar ($1.00) and other valuable consideration, receipt of
which is hereby acknowledged, and in accordance with Section 2.1-504.4, Code of
~ (1950) as amended, Grantor grants unto Grantee, its successors and assigns the
perpetual right, privilege, and easement of right-of-way 35 feet in width by 35 feet in
length to lay, erect, construct, operate, and maintain traffic signal and all equipment,
accessories and appurtenances necessary in connection therewith, herewith, hereinafter
called facilities, for the purpose of construction and maintenance over, under upon and
across the lands of the Grantor situated in the campus of Virginia Western Community
College, City of Roanoke, Virginia, said easement being a portion of Roanoke City
Official Tax Map No. 1380201 containing 1225 square feet more or less, as more
particularly shown on Roanoke City Plan No. 6345-F, dated July 1 l, 1997, prepared by
Mattern & Craig, which is attached to and made part of this Deed of Easement; being part
of that same real estate acquired by deed dated July l, 1966, recorded in the Clerk's
Office, Circuit Court of Roanoke, Virginia in Deed book 1212 Page 408; said easement
being further described, to wit:
A 35 feet by 35 feet Permanent Signal Easement located on the northerly portion
of the Virginia Western Community College campus, adjacent to Colonial
Avenue, S.W., south of the intersection with McNeil Drive, S.W., and being more
particularly described as follows:
Beginning at a point on the southern Right-of-Way line of Colonial Avenue,
S.W., said point being located S29°03' 16"E 80.00 feet fi.om the intersection of the
northerly Right-of-Way line of Colonial Avenue, S.W., and the easterly Right-of-
Way line of McNeil Drive, S.W..
Thence; with the southerly Right-of-Way line of Colonial Avenue, S.W., N60
°56'44"E 35.00 feet.
Thence; with three (3) new easement lines through the property:
S29°03' 16"E 35.00 feet to a point
S60°56'44"W 35.00 feet to a point
N29°03' 16"W 35.00 feet to the Point of Beginning of this description
and containing 1,225 square feet, more or less.
This easement is subject to any existing easements or fight-of-way of record, and further
subject to the following conditions:
A. The facilities constructed shall remain the property of Grantee. Grantee shall
have the right to inspect rebuild, remove, repair, improve, and make such
changes, alteration, additions, to or extensions of its facilities within the
boundaries of said easement as are consistent with all applicable laws,
ordinances, codes and regulations.
B. Grantee shall restore premises as nearly to its original condition as practicable,
including backfilling of trenches, reseeding or resodding of lands, replacement
of equipment and facilities of Grantor, removal of trash and debris, and
removal of any equipment, accessories or appurtenances not consistent with
the construction, maintenance or operation of said facilities or the exercise of
any rights or privileges expressed herein. Grantee shall maintain said
easement and facilities in such repair as not to endanger or otherwise limit the
enjoyment and use of adjacent properties.
C. Grantee shall have the right to trim, cut and remove trees, shrubbery or other
obstructions which interfere with or threaten the efficient and safe operation,
construction and maintenance of said facilities. All trees and limbs cut by
Grantee shall remain the property of Grantor. All brush, branches, and other
debris resulting from any cutting, trimming, or clearing of easement shall be
removed from lands of Grantor for disposal.
D. Grantee shall have the right of ingress to and egress from said easement over
the lands of Grantor. Grantee shall exercise such right in such manner as shall
not occasion injury and inconvenience to Grantor. Grantee shall at Grantor's
election pay for or repair any injury any of Grantor's land, structures, roads,
fences, and other improvements caused by Grantee, its employees, agents or
constructors. Grantee shall notify Grantor immediately of any such injury and
shall make said payment or repair within thirty (30) days after such injury
occurs.
E. Grantor, its successors and assigns, may use said easement for any purpose not
inconsistent with the rights hereby granted, provided such use does not
interfere with the safe and efficient construction, operation or maintenance of
said facilities, and further provided that such use is not inconsistent with any
laws, ordinances or codes pertaining to the construction, operation or
maintenance so said facilities.
F. To the extent provided by law, Grantee covenants and agrees to indemnify,
defend and hold Grantor harmless from and against any claims of injury to
any persons or property resulting from the installation, operation,
maintenance, replacement, repair, removal or use of any of Grantee's facilities
or the connection to other utility facilities on or adjacent to said easement, or
in any way arising out of Grantee's exercise of any fights herein granted.
G. If Grantee at any time discontinues use of all or any portion of the easement
herein conveyed for a period for a period of one year, all of the Grantee's
rights and interest in said easement or portion thereof shall terminate and
revert to Grantor, its successors and assigns, and Grantee shall at its expense
remove any facilities and restore property as nearly to its original condition as
practicable, and on written request by Grantor, Grantee shall quit-claim and
release same.
H. If Grantor at any time deems it necessary or advisable to relocate for Grantor's
convenience any of Grantee's facilities installed and used pursuant to this
Deed of Easement, Grantee shall relocated such facilities to a route or place
mutually agreed upon between Grantor and Grantee, provided Grantor for no
additional consideration shall grant unto Grantee such easement as may be
necessary to effect such relocation subject to the same rights, privileges and
conditions, as hereinafter set forth, and Grantor shall reimburse Grantee the
costs of such relocation. Upon relocation of any the facilities from any
portion of the easement hereby granted, that portion of the easement shall
automatically terminate, and all right, title and interest therein shall revert to
Grantor.
I. Approval of this Deed of Easement as to form by the City Attorney or
Assistant City Attorney and recordation of this deed constitutes Grantee's
acceptance of the easement conveyed herein.
WITNESS
written.
the following signatures and seals all as of the day and year first above
State Board for Community Colleges
Susan M. Ragsdale, Assistant Vice Chancellor for Facilities Management Services
State of Virginia,
City/County of
, to-wit:
aforesaid, certify that the
day
, a Notary Public in and for the jurisdiction
foregoing instrument was acknowledged before me this
of , 19 ., by
My commission expires
Notary Public
Approved as to form:
Approved as to form:
Alton A. Martin
Assistant Attorney General
(Name)
(Title)
Recommend Approval:
Recommend Approval:
Director, Department of General
Services
Director, Div. Of Engineering and
Buildings
Pursuant to Section 2.1-504.4 of the Code of Virginia (150), as amended, and by the
authority vested in me to act for and on behalf of the Governor of Virginia under
Executive Order Thirty-one (94), dated October 25, 1994, I hereby approve this easement
and the execution of this insmmaent.
Secretary of Administration
Date
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
May 8, 1998
File #72-373-468
SANDRA H. EAKIN
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 33810-050498 authorizing the City Manager to enter
into an agreement with First Campbell LC, for the leasing of office and classroom space
on the Fourth Floor of the First Campbell Square Building located at 210 First Street,
S. W., to house the Virginia Institute for Social Services Training Activities (VISSTA)
Program and staff, upon certain terms and conditions. The abovereferenced measure was
adopted by the Council of the City of Roanoke at a regular meeting which was held on
Monday, May 4, 1998.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
Glenn D. Radcliffe, Director, Human Development
Corinne B. Gott, Superintendent of Social Services
Charles M. Huffine, City Engineer
Delores C. Daniels, Assistant to the City Manager for Community Relations
Sarah E. Fitton, Engineering Coordinator
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of May, 1998.
No. 33810-050498.
AN ORDINANCE authorizing the City Manager to enter into an
agreement with First Campbell LC, for the leasing of office and
classroom space on the Fourth Floor of the First Campbell Square
Building located at 210 First Street, S.W., to house the Virginia
Institute for Social Services Training Activities (VISSTA) Program
and staff, upon certain terms and conditions; and providing for an
emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are authorized to
execute and attest, respectively, in form approved by the City
Attorney, the appropriate lease agreement with First Campbell, LC,
for the lease of 2,250 square feet of office and classroom space on
the Fourth Floor of the First Campbell Square Building located at
210 Campbell Avenue, $.W., to house the VISSTA Program and staff;
said lease shall be for a term of not more than five years; the
annual lease rate is $11.90 per square foot of space; said lease
shall be upon such other terms and conditions as more particularly
described in the Water Resources Committee report to this Council
dated May 4, 1998.
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.
H:\ORD\O-LE-VIS. I A
RECE~¥~ ~
CITY ._q!..E?i:,? F!r'''
'98 24
:t4
May 4, 1998
Report No. 98-334
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: VISSTA Program Office and Classroom Space
The attached staff report was considered by the Water Resources Committee at its regular
meeting on April 20, 1998. The Committee recommends that Council authorize the execution of
a Lease Agreement, as summarized in the attached report and in form approved by the City
Attorney.
Respectfully submitted,
Linda F. Wyatt, Chairperson
Water Resources Committee
LFW:KBK:afm
Attachment
CCi
Wilbum C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director of Utilities & Operations
Glenn D. Radcliffe, Director of Human Development
Corinne B. Gott, Superintendent of Social Services
Charles M. Huffine, City Engineer
Delores D. Daniels, Assistant to City Manager for Community Relations
Sarah Fitton, Engineering Coordinator
Report No. 98-334
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
DATE:
TO:
FROM:
SUBJECT:
April 20, 1998
Mem~.r~,.ater Resources Committee
K~t ;. Kiser, Director, Utilities and Operations thru
W. Robert Herber~~nager
VISSTA Program Office and Classroom Space
Background on the subject in chronological order is as follows:
VISSTA (Virginia Institute for Social Services Training Activities) is a joint
effort between the Virginia Department of Social Services and Virginia
Commonwealth University to provide training through regional centers
located throughout Virginia.
Bo
Roanoke City's Department of Social Services has been asked to take over
the Piedmont Area Training Center for the VISSTA program and relocate the
office and staff to Roanoke City.
Insufficient space in Social Services necessitates the procurement of leased
space to accommodate the VISSTA program.
I1.
Current situation is as follows:
A. Sufficient space has been located in the office building known as First
Campbell Square, 210 First Street, SW, to meet the needs of the VISSTA
program and staff.
B. The terms of a lease agreement are as follows:
1. Number of Square Feet 2,250
2. Term of Lease Five years
Members, Water Resources Committee
VISSTA Program Office and Classroom Space
April 20, 1998
Page 2
Do
Eo
Availability of Funding
Lessor agrees that lessee is
bound only to the extent that
funds are appropriated by the
State
4. Annual Lease Rate
$11.90/square foot
5. Intended Use
Office, classroom, & storage
space
6. Location
Fourth Floor of First Campbell
Square, 210 First Street, SW
7. Utilities
Provided by landlord
8. Janitorial and Maintenance
Provided by landlord
Proposed lease requires the City to indemnify and hold harmless the Lessor
and Sawyer Properties, Inc. from all suits, actions, damages, liability, and
expense arising from or out of any occurrence in, upon, at or from the
premises or the occupancy or use by the City of the premises, and
occasioned wholly or in part by any act or omission of the City, its agents,
contractors, employees, invitees, licensees, or visitors, in connection with
the leased premises.
Proposed lease will be for a period of five years, at a rate of $2,231.25 per
month, which calculates to be $11.90 per square foot per year including
utilities and custodial service. This is considered a very competitive price
for finished office space. City will also make a lump sum payment for the
cost of furnishing and installing a folding partition to divide the training room,
which will be reimbursed 100% by the State.
Proposed lease agreement between the City and First Campbell, LC, a
Virginia Corporation, must be approved by City Council.
Members, Water Resources Committee
VISSTA Program Office and Classroom Space
April 20, 1998
Page 3
III.
IV.
Issues in order of importance are as follows:
A. Need
B. Timing
C. Cost
Alternatives in order of feasibility are as follows:
A. Water Resources Committee recommends that City Council authorize the
execution of a Lease Agreement, as summarized above and in form
approved by the City Attorney.
1. Need of VISSTA Program for office and classroom space is met.
2. Timing to allow relocation of program prior to expiration of current
lease on June 30, 1998, will be met.
3. Cost will be $2,231.25 per month for office and classroom space.
Funding for this program is recommended in the 98-99 budget, and
will be reimbursed 100% by the State.
B. Water Resources Committee does not recommend that City Council
authorize the execution of a Lease Agreement, as summarized above and
in form approved by the City Attorney.
1. Need of VISSTA Program for office and classroom space is not met.
2. Timing to allow relocation of program prior to expiration of current
lease on June 30, 1998, will not be met.
3. Cost is zero.
Water Resources Committee recommends that City Council authorize the execution
of a Lease Agreement, as summarized above and in form approved by the City
Attorney, in accordance with Alternative "A".
WRH/KBK/SEF
Members, Water Resources Committee
VlSSTA Program Office and Classroom Space
April 20, 1998
Page 4
cc~
City Attorney
City Clerk
Director of Finance
Director of Human Development
Director of Utilities and Operations
Superintendent, Department of Social Services
Assistant to City Manager for Community Relations
City Engineer
Engineering Coordinator
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
May 8, 1998
File ~67-227-373-468
SANDRA H. EAKIN
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 33812-050498 authorizing and directing the proper
City officials to enter into a lease agreement between Times-World Corporation and the
City, for the City's use of the broadcast tower, building and the other facilities located on
Mill Mountain for public purpose communications, upon certain terms and conditions. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, May 4, 1998.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Attachment
pc:
ampbe 11
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
George C. Snead, Jr., Director, Public Safety
D. Darwin Roupe, Manager, Supply Management
Charles M. Huffine, City Engineer
Barry L. Key, Manager, Office of Management and Budget
Joe D. Slone, Communications Manager
Sarah E. Fitton, Engineering Coordinator
Walter Rugaber, President and Publisher, Roanoke World-Times
Avenue, S. W., Roanoke, Va 24010
Corporation,
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of May, 1998.
No. 33812-050498.
AN ORDINANCE authorizing and directing the proper City officials to enter into a lease
agreement between Times-World Corporation and the City, for the City's use of the broadcast tower,
building and the other facilities located on Mill Mountain for public purpose communications, upon
certain terms and conditions; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager and the City Clerk are hereby authorized to execute and attest,
respectively, for and on behalf of the City of Roanoke, in form approved by the City Attorney, a
lease agreement between Times-Word Corporation and the City, for the City's use of the broadcast
tower, building and the other facilities located on Mill Mountain for public purpose communications,
as more particularly set forth in the report of the City Manager dated May 4, 1998.
2. The term of said lease agreement shall be for an initial period of 15 years commencing
on April 1, 1998, and ending March 31, 2013, and thereafter, at the option of the City for five
renewable five-year terms upon the same rental terms, conditions and reservations, as more fully
contained in the draR lease agreement attached to said report.
3. The City shall pay to Times-Word Corporation as rent on or before April 10, 1998,
and on April 10 of each succeeding year in which this lease agreement is in effect the sum of $1,200
plus the then current year's property taxes, on such tower assessed against Times-World Corporation.
4. Such lease shall contain such other terms and conditions as are substantially similar
to the drat~ lease agreement attached to said report and approved by the City Attorney.
5. 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.
'98 ~PR24 A10:14
May 4, 1998
Report No. 98-406
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Mill Mountain Radio Facilities Lease Renewal
Times-World Corporation
The attached staff report was considered by the Water Resources Committee at its regular
meeting on April 20, 1998. The Committee recommends that Council authorize the City
Manager to execute the appropriate lease agreement with the Times-World Corporation, in a form
approved by the City Attorney, in accordance with conditions stated in the attached report.
Respectfully submitted,
Linda F. Wyatt, Chairperson
Water Resources Committee
LFW:KBK:afm
Attachment
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director of Utilities & Operations
George C. Snead, Director of Public Safety
D. D. Roupe, Manager, Supply Management
Char/les M. Huffine, City Engineer
Bar/y L. Key, Manager, Management and Budget
Joe D. Slone, Communications Manager
Sarah E. Fitton, Engineering Coordinator
Report No. 98-406
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
DATE:
TO:
FROM:
SUBJECT:
April 20, 1998
Members Water Resources Committee
~'~B. Kis'er,~DDirect~,~,,~Ut~ties and Operations thru
W. Robert Herbe~Jtl~Manager
Mill Mountain Radio Facilities Lease Renewal
Times-World Corporation
Back ro~ in chronological order is as follows:
Ao
Contract of Lease between Times-World Corporation and City of Roanoke
dated February 14, 1969, which was not recorded, was entered into for
use of the broadcast tower, building, and other facilities located on a tract
on Mill Mountain (Tax Map No. 4050306A) for essential public safety
communications.
B. Current Lease has expired and needs to be renewed.
Current city public safety radio communications systems are using the
tower and building.
II.
Current situation is as follows:
New lease with Times-World Corporation has been negotiated for an
initial period of fifteen years commencing on April 1, 1998, and ending on
March 31,2013, with an option to renew for five additional five-year terms.
Annual rent will be $1,200.00 plus the then current year's property taxes
assessed against Times-World on account of its ownership of the tower
and associated property. Property is currently assessed at $214,800,
which yields an annual tax of $2,620.56.
Members, Water Resources Committee
Mill Mountain Radio Facilities Lease Renewal
Times-World Corporation
April 20, 1998
Page 2
Regional Radio Pro_iect (800 MHZ trunking) for public safety is currently
being implemented. The Mill Mountain tower and building for this joint
project are vital to the health, safety, and welfare of the citizens in the
Valley.
III. Issues in the order of importance are:
A. Timing
B. Funding
C. Public Safety
IV. Alternatives in order of feasibility are:
Water Resources Committee recommends that City Council authorize the
City Manager to execute the appropriate lease agreement with the
Times-World Corporation, in a form approved by the City Attorney. The
lease provides for an initial term of fifteen years with the option to renew
for five additional five-year terms with the same rental terms, conditions
and reservations. However, either party may terminate the lease after the
initial fifteen year term by giving the other party 180 days written notice.
The lease further provides that Roanoke will maintain the premises at its
cost, provide insurance, provide indemnity to Times-World, and that
Times-World can use the premises for its own use or lease part of the
premises to others under certain conditions. A copy of the proposed
lease is attached hereto.
Timing to ensure that Public Safety communication systems are not
interrupted and to allow the implementation of the Regional Radio
Project is critical.
Funding is available in the Communications Department account
001-050-4130-2021. The lease payments are $1,200.00 per year,
plus annual real estate taxes.
3. Public safety will be maintained for citizens and field personnel.
Members, Water Resources Committee
Mill Mountain Radio Facilities Lease Renewal
Times-World Corporation
April 20, 1998
Page 3
Water Resources Committee does not recommend that City Council
authorize the City Manager to execute the appropriate lease agreement
with the Times-World Corporation, in a form approved by the City
Attorney.
Timing to allow sufficient time to locate alternative antenna sites to
accommodate the present and proposed 800 MHZ trunking public
safety radio communications systems is critical.
Funding would increase. A new site, tower and associated building
would cost an estimated one to two million dollars. A source of
funding would have to be found for this alternative.
Public safety of citizens and field personnel would be jeopardized if
reliable communications are not maintained.
Water Resources Committee recommends that City Council authorize
the City Manager to execute the appropriate lease agreements with the
Times-World Corporation, in a form approved by the City Attorney, in
accordance with Alternative "A".
WRH/KBK/SEF
Attachment
CC:
City Attorney
City Clerk
Director of Finance
Director of Utilities and Operations
Director of Public Safety
Management and Budget
Manager of Supply Management
City Engineer
Manager, Communications
Engineering Coordinator
COPY
LEASE AGREEMENT
THIS LEASE made and entered into this __ day of , , by and between the
TIMES-WORLD CORPORATION, a Virginia Corporation ("Times-World"), party of the first part
and the CITY OF ROANOKE, a municipal corporation, existing in the Commonwealth of Virginia
("Roanoke"), party of the second part.
WITNESSETH
WHEREAS, Times-World is the present owner of certain specific broadcasting fights on
certain parcels of land containing 136 + acres on Mill Mountain which were conveyed by the late
Junius B. Fishbum and Grace P. Fishburn, his wife, by deeds dated February 19, 1941, and March
19, 1942, of record in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, in
Deed Book 663, Page 191 and Deed Book 674, Page 158, respectively, which rights were conveyed
to Times-World by deed dated April 15, 1942, of record in the aforesaid Clerk's Office in Deed Book
1136, Page 380; and
WHEREAS, by April 15, 1964, Agreement Fixing Boundary of Reserved Easement (Exhibit
1) of record in the aforesaid Clerk's Office in Deed Book 1155, Page 42, Roanoke recognized,
granted and conveyed unto Times-World, its successors and assigns, certain rights, privileges and
easements into and on the property known as "lVfill Mountain Park" on Mill Mountain in the City of
Roanoke, Virginia, and into and on an 80 foot by 70 foot plot of land referenced therein (the "Tract");
and
WHEREAS, Times-World and Roanoke entered into an unrecorded Contract of Lease dated
February 14, 1969, (attached as Exhibit 2) pursuant to Ordinance No. 18551 of the City of Roanoke;
and
WHEREAS, Times-World desires to act in the best interest of the community and the public
to assist in the provision of public purpose communications for the public, health, safety and welfare
of the residents of the Roanoke Valley and surrounding area; and
WHEREAS, Roanoke and Times-World wish to enter into an agreement whereby Roanoke
may use the broadcast tower, building and the other facilities located on the Tract for public purpose
communications subject to the rights and privileges of Times-World and other parties that have or
may obtain an interest in the Tract or its improvements.
NOW THEREFORE, in consideration of the premises and the mutual covenants and
agreements contained herein and $10.00 cash in hand paid, the receipt of which is hereby
acknowledged, the parties do agree as follows:
1. Demise and Term. Times-World hereby leases to Roanoke and Roanoke hereby
rents from Times-World that certain tract or parcel of land more fully described hereafter as the
Demised Premises, including the broadcasting tower, lighting equipment and structures located
thereon, at the rental and upon the terms and agreements hereinafter more fully set forth for a period
of 15 years commencing on April 1, 1998, and ending March 31, 2013, and thereafter, at the option
of Roanoke, for five renewable five-year terms upon the same rental terms, conditions and
reservations herein contained. Provided, however, that either party hereto shall have the right to
terminate this Lease Agreement after the initial 1 $ year term by giving the other party 180 days
written notice of its intention to do so. However, if the Demised Premises is no longer needed or
suitable for public purpose communications, either Times-World or Roanoke may terminate this
Lease Agreement and all obligations under it at any time by giving the other party 180 days prior
written notice of such termination.
H:~AGMTS~TIME$ 2
2. Demised Premis~, The property hereby demised and leased to Roanoke consists
of that certain tract or parcel of land located at or near the top of Mill Mountain, in the City or'
Roanoke, Commonwealth of Virginia, consisting of a rectangular parcel of land 80 x 70 feet, with
a one-story brick building and a transmitter tower which is more particularly located, defined and
designated on that certain plat entitled "Location Survey of Transmitter Tower on Top of Mill
Mountain," prepared by the Office of the City Engineer, Roanoke, Virginia, dated December 19,
1963, (Exhibit 3) to which plat reference is hereby made, said tract of land with improvements
located thereon being herein sometimes in the aggregate referred to as the "Demised Premises."
3. Ownership of Buildin_~. Times-World and Roanoke hereby recognize and agree
that Times-World is the owner of the one-story brick building presently located on the Demised
Premises.
4. Ownership of Antennas and Related Equipment. The parties agree that any
antennas or related equipment currently on the tower or in the building or on the Demises Premises
are owned by and shall continue to be the property of the entity that has legal ownership of such
items. The parties further agree that any additional antennas, related equipment, or removable
buildings that may be placed on the tower or the Demises Premises by Roanoke or by others will
remain the property of Roanoke or the other entity placing such items on the Demised premises,
unless otherwise agreed to by the parties, and in the case of any third parties, by the agreement of
such third party. Provided however, any expansion, remodeling, replacement, upgrading, or addition
of another building on the Demised Premises by Roanoke that becomes a part of the tower or the one-
story brick building in such a way that the item or piece of equipment or building cannot be reasonably
removed without causing substantial damage to the Demised Premises will become part of the
H:~AGM'r~'I'I~ES 3
Demised Premises and the property of Times-World at the termination of the Lease Agreement. By
way of example only, this would mean that any antennas or antenna dishes placed on the tower by
Roanoke or others would not become part of the Demised Premises, but would be able to be removed
by Roanoke or the other entity placing such items on the tower. However, the repair or the
replacement of the roof on the one-story brick building by Roanoke would not be able to be easily
removed and therefore would become part of the Demised Premises and the property of Times-World
as part of the one-story brick building. Futhermore, any party removing any item from the Demised
Premises will restore the area of the Demised Premises from which the item was removed to a
condition as nearly as practicable as it was before the addition of the item being removed, reasonable
wear and tear excepted.
5. Use of Demised Premises by Roanoke. It is agreed by the parties that Roanoke's
right to use and the use of the Demised Premises by Roanoke and its sublessees is for the purpose of
providing public purpose communications, such as police, fire, rescue, public works, and 911 calls
for the public health, safety, and welfare of the residents of the Roanoke Valley and surrounding area.
Such use shall be accomplished in the physical space currently used by Roanoke, which includes the
use of and placement of any and all antennas and related equipment Roanoke determines to be needed
on the part of the transmitter tower currently used by Roanoke and the use of the one-story brick
building and placement of communications equipment on or in the part of the building currently used
by Roanoke. Such use may also include the possible expansion, remodeling, or replacement of the
one-story brick building or the addition of another building or use of additional space on the tower
or on the Demised Premises as may be consented to by Times-World, such consent not to be
unreasonably withheld.
H:~AGM'r~'rlMES 4
6. Sublease by Roanoke. This Lease Agreement and the rights and privileges granted
herein shall not be assignable by Roanoke except as set forth herein. Subject to the rights, conditions
and reservations contained in this Lease Agreement, and with the prior written approval of Times-
World, such approval not to be unreasonably withheld, Roanoke may sublet, in whole or in part, the
use of the Demised Premises as follows:
(1) To a public service corporation as defined by Section 56-1 of the Code
of Virginia 1950, as amended, which provides public communication
services under license from the Federal Communications Commission.
(2) To any federal, state, governmental or other public service entity or
agency for their own communication facilities and functions or
combined facilities and functions with other federal, state, or
governmental entity or agency so long as such use is for a public
purpose (for example, police, fire, 911, etc.).
7. Use of'Demised Premises by Time-World. Times-World reserves the right to use
the Demised Premises for its own purposes, to allow WDBJ-TV to use the Demised ?remises for an
antenna and related equipment for a Channel 4 TV translator to serve residents of the Garden City
and Southwest Roanoke areas, and to commercially lease space to third parties. Part of this
reservation includes the right of Times-World, at its own expense and cost, to attach and install radio,
communications equipment on the Demised Premises for its own
television, broadcasting, or
communications needs.
8. Leasing of Excess SPace by Times-World. For the purpose of this Lease
Agreement, the term "Current User" shall mean and include only the following: Times-World,
H:~AGMTS~TIME$ 5
Roanoke, WDB~I-TV, Roanoke City School Board, Roanoke City Sheriff, Valley Metro Bus System,
and Western Virginia EMS (Emergency Medical Services) Council. The term "then Current Users"
shall mean and include: Times-World, Roanoke and any other entity using with proper authorization
the Demised Premises at the time in question. Times-World reserves the fight to lease or sell excess
broadcast or communications space that may be available on the Demised Premises to private
broadcasters or third parties for commercial purposes so long as they are required not to cause
interference with a then Current User's use of the Demised Premises. Excess broadcast or
communications space for the purposes of this Lease Agreement is defined as only that additional
physical space that may be available on the tower or in the one-story brick building or on the Demised
Premises that is not actually being used as of the date of this Lease Agreement by Times-World,
Roanoke, or WDBJ-TV and provided fiarther that such use of any excess space can be safely
accomplished without placing too much stress or weight on the tower or otherwise interfering with
a then Current User's then use of the Demised Premises.
9. Priority_ of IJse. Times-World and Roanoke agree that Roanoke and any federal,
state, governmental, or other public service entity or agency that sublets the Demised Premises fi.om
Roanoke as set forth in Section 6 (collectively referred to as Governmental Entity) will have primary
priority of use of the Demised Premises for purposes of providing public purpose communications for
the public health, ~af'ety, and welfare of the residents of the Roanoke Valley and surrounding area,
subject to use by Times-World for its own purposes. At the time of the execution of this Lease
Agreement the use of the Demised Premises by Times-World, WDBJ-TV, Roanoke, and the other
governmental and commercial entities which have communications equipment on the Demised
Premises does not currently cause interference with or displacement of the use of the Demised
H:'~AGMT~TIME$ ~
Premises by Roanoke or by any other Current User. The parties acknowledge that Roanoke is in the
process of expanding its communications facilities on the Demised Premises, which expansion will
include a cooperative effort for a regional communications system with Roanoke County and perhaps
other governmental entities in the area in order to better serve the residents of the Roanoke Valley.
In order to accomplish this, Roanoke is in the process of obtaining new communications equipment
that will need to be placed on the Demised Premises over a three to four year period or longer and
may require the relocation and/or removal of some of the equipment currently on the Demised
Premises, with the approval of Times-World. Times-World desires to allow itself, WDBJ-TV, and
other Current Users to be able to continue to use the Demised Premises. Accordingly, Roanoke
agrees that it will not interfere with the then current Use of the Demised Premises by Times-World at
such time as Roanoke expands or modifies its communications system and will make reasonable
efforts in its expansion or modifications of its communications system to avoid interference with the
then current use of the Demised Premises by WDBJ or other then Current Users. If Roanoke' s
expansion or modification of its communications system results in interference with the then current
use of the Demised Premises by Times-World, Roanoke will modify its expansion or modifications
to eliminate such interference. IfRoanoke's expansion or modification of its communications system
results in interference with the then current use of the Demised Premises by WDBJ or other then
Current Users and Roanoke and Times-World cannot mutually agree on how to resolve such
interference, Roanoke may continue its current use of the Demised Premises for public purpose
communications and any such dispute will be submitted to a panel of three mediators consisting of
a representative from Roanoke, Times-World and a third person to be chosen by the two
representatives. These three individuals will reach a nonbinding agreement on the use of such
H:~GM~'rlM~ 7
equipment or use of the Demised Premises after hearing the parties at an impartial hearing at which
the parties shall be entitled to present evidence and argument. Should either party disagree with the
recommendation of the panel, they may proceed to a court of equity to have the dispute resolved, with
each party bearing their own costs and attorney's fees. However, Roanoke reserves the fight to
proceed with condemnation proceedings at any time, but if condemnation proceedings are undertaken,
this Lease Agreement will not be considered for valuation purposes in such proceedings and either
party may, at its option, terminate the Lease Agreement on 60 days written notice to the other party.
10. Future Users of Demised Premises. Any Current User that alters, modifies or
changes its use of or the equipment it uses on the Demised Premises after the date of this Agreement
or any entity that becomes a User of any part of the Demised Premises af~er the date of this
Agreement shall be deemed a "Future User." However, once a Future User begins using the Demised
Premises and continues to do so for a period of 90 consecutive days without causing interference or
displacement to the then Current Users, such Future User will be considered as a then Current User
as to other Future Users from that point forward.
11. Lower Priority User. All entities, other than Times-World and Roanoke or its
sublessees, shall be considered lower priority users.
12. Interference Study. Any then Current User that alters, modifies, or changes its use
of the Demised Premises or the equipment it Uses on the Demised Premises or any Future User of the
Demised Premises will be required to provide Times-World and Roanoke with an appropriate
interference study. Such study by a then Current User will show to the satisfaction of both Times-
World and Roanoke the modified use of the Demised Premises by the then Current User of the
Demised Premises and that such User's facilities do not and will not interfere with any other then
H:~AGMT~TIMES 8
Current User's use of the Demised Premises and that the Demised Premises can safely and adequately
accommodate the use being requested without interfering with or jeopardizing the integrity or safety
of any pan of the Demised Premises. Any Future Users of the Demised Premises will also be required
to provide an appropriate interference study to the satisfaction of both the Times-World and Roanoke
that the future requested use of the Demised Premises will not interfere with any then Current Users'
use of the Demised Premises and that the Demised Premises can safely and adequately accommodate
the use being requested without interfering with or jeopardizing the integrity or safety of any pan of
the Demised Premises. If either the Times-World or Roanoke is not reasonably satisfied with the
study presented by any then Current or potential Future Users of the Demised Premises, either party
may reject the study and prohibit the proposed modified or additional use of the Demised Premises
by that User.
13. Conditions to be Imposed on Future Users of the Demised Premises. Subject
to the provisions of Section 9, Times-World and Roanoke agree that in allowing any use of the
Demised Premises by any Future User they will condition such use on the requirement that such use
does not interfere with or displace the use of the Demised Premises by any then Current User and that
if any such use by any Future User causes interference or displaces any then Current User's then
current use of the Demised Premises, such use will be terminated unless the interference can be
eliminated by such Future User. All Current Uses, then Current Users and Future Users shall also be
required to meet the same electrical grounding standards that Roanoke uses and to comply with all
applicable federal, state, and local laws, ordinances, rules and regulations.
14. Correction of Interference with use of Demised Premises. ff any Current User,
then Current User or Future User causes interference with or displacement of the use of the Demised
H:~.GM'I~TIME$ 9
Premises by a then Current User, the then Current User affected by such interference or displacement
shall immediately notify the interfering User of such interference or displacement. The User causing
such interference or displacement shall immediately take whatever action may be necessary to correct
such interference or displacement. The interfering or displacing User will be allowed to continue
operation for 48 hours while it takes corrective action only if such interference or displacement does
not endanger the health, safety, or welfare of the residents of the Roanoke Valley or the surrounding
area. ffsuch continued operation causes interference with or displacement of use by Roanoke or a
Governmental Entity that endangers the health, safety, or welfare of the residents of the Roanoke
Valley or the surrounding area, the interfering or displacing User shall immediately terminate its use
of the Demised Premises until such problems are corrected. However, if such interfering User does
not immediately terminate its use of the Demised Premises or cannot be contacted, Roanoke may take
whatever actions are necessary to terminate the interfering User's use of the Demised Premises until
such problems are corrected by the interfering User.
15. Displacement of Lower Priority_ User. The parties agree that Roanoke may request
and Times-World, in response to such request or on its own, may require any lower priority user of
the Demised Premises to remove any and/or all of its antennas or other equipment or property from
any part or all of the Demised Premises or to relocate it, if appropriate, all at the lower priority user's
sole cost, if Roanoke or Times-World determines that such action is needed to allow Roanoke or a
Governmental Entity or Times-World more space on the tower or in the building or on the Demised
Premises or in order to relocate, consolidate, repair, upgrade, replace, add to, or otherwise use
Roanoke's or a Governmental Entity's or Times World's antennas or equipment on the Demised
Premises, subject to the consent of Times-World, which consent shall not be unreasonably withheld.
16. Limitation of Liability. The parties agree that Times-World, Roanoke, their
officers, agents, or employees shah not to be liable to any other Users of the Demised Premises or to
any other entity for any damages of any type or loss or imerruption of any broadcasting business or
telecommunications services caused by any acts, omissions, or actions of Times-World, Roanoke or
their officers, agents, or employees in connection with Times-World's or Roanoke's maintenance or
use of the Demised Premises or any actions that may be taken to terminate or suspend the use of the
Demised Premises by another User who is causing interference with or displacement of a
Governmental Emity's use of the Demised Premises and that such other Users will be required to
consent to this Limitation of Liability provision.
17. Rent, Roanoke shall pay to Times-World as rent for the Demised Premises on or
before April 10, 1998, with respect to the first year's term, and on April 10 of each succeeding year
in which this Lease is in effect the sum of $1,200.00 plus the then current year's property taxes
assessed against Times-World on account of its ownership of the Demised Premises and the exclusive
easement in and to the Demised Premises and on account of its ownership of the transmitter tower
and accessories attached, affixed or appurtenant thereto.
18. Maintenance, As further consideration from Roanoke for use of the Demised
Premises, Roanoke shah at all times during the term of the Lease properly maintain the Demised
Premises, to include the tower and building, and keep same in good condition and repair, to include
the cost of compliance with all present and furore federal, state, and local laws and regulations,
including the Rules and Regulations of the Civil Aeronautics Administration which may affect the
Demised Premises, the tower or any other improvement to the Demised Premises and, upon the
termination or expiration of this Lease Agreement shall deliver possession of the Demised Premises,
to include the tower and building to Times-World in good condition and repair and in compliance
with all such laws. and regulations then in effect, ordinary wear and tear excepted. The parties
acknowledge and agree that in light of the age of the tower, technological advances, and the changing
regulatory environment, identical repair or replacement of the tower or other parts of the Demised
Premises may not be possible or practicable. Therefore, the maintenance, repair, or replacement
obligations under this section is to complete such obligation as nearly as practicable under the
circumstances then existing. Provided, however, that each owner of any antennas or related equipment
on the tower or Demised Premises shall be responsible for properly maintaining those items and all
related costs thereto, including their compliance with all present and future federal, state, and local
laws and regulations.
19. Insurance. Roanoke, during the term of this Lease and any extensions or renewals
thereof, shall procure and maintain in force and effect, either by self insurance or with one or more
companies qualified to do business in Virginia, property insurance with broad form extended coverage
and waiver of subrogation rights against Times-World, insuring the Demised Premises in such
amounts and against fire and such other risks as shall be necessary to restore the Demised Premises
as nearly as practicable for any loss for physical damage to the tower and the one-story brick building
of not less than $250,000, and shall procure and maintain with such companies comprehensive liability
insurance, with Times-World endorsed as an additional named insured of not less than $5,000,000,
and workers' compensation insurance for Roanoke providing coverage against such risks and in such
amounts as Roanoke from time to time carries in respect to similar operations or as is otherwise
required by law. Provided, however, Roanoke may provide for such coverage through self insurance.
Except as set forth above, each Current User, then Current User and Future User shall be required
to carry its own comprehensive general liability insurance, property coverage insurance, and workers'
compensation insurance to protect itself and any of its property located on the Demised Premises with
Times-World and Roanoke
compensation coverage.
20. Indemnification.
as additional insurers on all such policies, except for workers'
Roanoke hereby assume~ and agrees to the extent permitted by
law to indemnify and save harmless Times-World, its employees, officers, directors, successors and
assigns against any and all claims, demands, suits, judgments, sums of money, including attorneys'
fees, whatsoever in connection with any injury to or death of any person or persons, including
Roanoke's employees or contractors, or loss or damage to property or to the Demised Premises,
caused by or in any way connected with Roanoke's use or control of the Demised Premise.
21. Advertisements. No advertising signs shall to be placed upon the Demised
Premises other than an appropriate identification sign to be approved by Times-World and Roanoke.
22. Coooeration. Each party agrees to cooperate with the other in executing any
documents or taking any action necessary to carry out the intent and purpose of this Lease
Agreement.
23. SeverabiliO/. If any term of this Lease Agreement is found to be void or invalid,
such invalidity shall not affect the remaining terms of this Lease Agreement, which shall continue in
full force and effect. The parties intend that the provisions of this Lease Agreement be enforced to
the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions
are deemed not enforceable, they shall to be deemed modified to the extent necessary to make them
enforceable.
24. Countemarts. This Lease Agreement may be executed in counterparts, each of
which shall to be deemed an original, but all of which together shall constitute a single instrument.
25. Successors and Assinns. The terms, conditions, provisions, and undertakings of
this Lease Agreement shall be binding upon and inure to the benefit of each of the parties hereto and
their respective successors and assigns.
26. ~ The headings to the various sections of this Lease have been inserted
for purposes of reference only and shall not limit or define the express terms and provisions of this
Waiver. Each party agrees that either party's waiver or failure to enforce or require
performance of any terms or condition of this Lease Agreement or either party's waiver of any
particular breach of this Lease Agreement by the other party extends to that instance only. Such
waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Lease
Agreement or a waiver of any other breaches of the Lease Agreement by a party and does not bar the
nondefaulting party from requiring the defaulting party to comply with all the terms and conditions
of the Lease Agreement and does not bar the nondefaulting party from asserting any and all rights or
remedies the nondefaulting party has or might have against the defaulting party under this Lease
Agreement or by law.
28. Entire Agreement. This Lease Agreement constitutes the entire agreement and
understanding of the parties and supersedes all offers, negotiations, and other agreements. There are
no representations or understandings of any kind not set forth herein. Any amendments to this Lease
Agreement must be in writing and executed by both parties.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures, by their respective
officers or officials duly authorized to sign this Lease Agreement.
WITNESS: TIMES-WORLD CORPORATION
By:
Its:
Corporate Seal
ATTEST:
CITY OF ROANOKE
Mary F. Parker, City Clerk
By:
Its:
Approved as to Form:
Approved as to Execution:
City Attorney
City Attorney
APPROPRIATION OF FUNDS REQUIRED
FOR THIS CONTRACT CERTIFIED:
Director of Finance
Date Account No.
H:~as~rs~Mss 15
THIS CONTRACT OF LEASE, made and entered into this 14th
day of February, 1969, by and between TIMES-WORLD CORPORATION, a
Virginia corporation (Times-World), party of the first part, and
CITY OF ROANOKE, a municipal corporation existing in the State
of Virginia (Roanoke), party of the second part,
W I T N E S S E T H:
THAT, WHEREAS, by Ordinance No. 18551, the City of
Roanoke authorized and directed the City Manager to execute on
behalf of Roanoke this Contract of Lease;
NOW, THEREFORE, FOR AND IN CONSIDERATION of the prem-
ises, it is mutually covenanted and agreed as follows:
1. Times-World hereby rents and hires to Roanoke that
certain tract or parcel of land hereinafter more fully described,
together with that certain broadcasting tower and lighting equip-
ment now installed thereon, at the rental and upon the agreements
hereinafter more fully set forth, for a period of one year, com-
mencing as of January 1, 1969, and, thereafter, at the option of
Roanoke, for four successive one-year terms upon the same rental,
terms, conditions and reservations herein contained, provided,
however, that either party hereto shall have the right to term-
inate this Contract of Lease at the end of any one-year term by
giving to the other party 30 days' written notice of its intentio~
so to do.
2. The property hereby demised and leased to Roanoke
consists of that certain tract or parcel of land located at or
near the top of Mill Mountain, in the City of ~oanoke, State of
Virginia, consisting of a rectangular parcel of land 80 x 70 feet,
EX 2
I
on which there are presently located a one-story brick building
and a transmitter tower, such tract or parcel of land being more
particularly located, defined and designated on that certain plat
entitled "Location Survey of Transmitter Tower on Top of Mill
Mountain," prepared by the Office of City Engineer, Roanoke, Vir-
ginia, dated 12/19/63, to which plat reference is hereby made,
said tract of land and tower located thereon being hereinafter
sometimes in the aggregate referred to as "demised premises".
3. Times-World hereby recognizes and agrees that
Roanoke is the owner of the one-story brick building located on
the demised premises, and, in the event of the expiration, can-
il cellation or termination of this C°ntract °f Lease' R°an°ke shall
have and possess the right to remove said building on the demised
premises during the six-month period immediately succeeding the
date of any such expiration, cancellation or termination. If
Roanoke does not exercise such right, the ownership of said build.
ing shall thereupon vest in Times-World.
4. This Contract of Lease and the rights herein shall
not be assignable by Roanoke. Roanoke is, however, granted the
right to sublet, subject to the rights and reservations herein
contained, the tower and the building comprising part of the
demised premises, in whole or in part, to:
(a) A public service corporation, as defined by
Section 56-1 of the Code of V£rginia of 1950, as amended to date,
which provides public communication service under license from
the Federal Communications Con,mission; and
(b) To any federal, state or governmental agency
for such agency's own communications functions.
5. Roanoke shall have the right to mount such elec
- 2 o
equipment on said tower as it may desire, provided it does not
damage said tower.
6. Roanoke shall properly maintain said tower and
keep it in good condition and repair, and upon the termination or
expiration of this Contract of Lease shall deliver possession
thereof to Times-World in good condition and repair, ordinary
wear and tear excepted.
7. Roanoke shall maintain the said tower and the light
ing thereon in accordance with the rules and regulations of the
Civil Aeronautics Administration.
8. Roanoke shall bear all loss and any liability on
account of its use of said tower and shall carry or pay in full
the premium for adequate all-risk or physical damage insurance
on said tower, and shall carry or pay the premium for at least
$100,000.00 per person and $200,000.00 per accident comprehensive
liability insurance on said tower.
9. Roanoke shall pay to Times-World as rent hereunder
for the demised premises on or before July 1, 1969, with respect
to-the first year's term, and on July 1 of any succeeding year
in which this Contract of Lease is extended, a sum equal to the
then current year's property taxes assessed against Times-World
on account of its exclusive easement in and to the tract of land
hereinabove described and referred to and on account of its own-
ership of the transmitter tower and accessories thereon attached
or affixed.
10. Times-World reserves the right to use the demised
premises jointly with Roanoke and the permitted sublessees and
at its own cost and expense to attach and install any of its o~
radio or television broadcasting or communications equipment on
said tower, provided that such use does not seriously interfere
with Roanoke's %-~ of the demised premises; provided, however,
that in the event interference of Roanoke's use of the demised
premises would necessarily result from any such use by Times-World
Times-World reserves the right to terminate this Contract of Lease
at the end of any calendar month during any term or renewal here-
of, upon giving to Roanoke not less than 120 days' notice in
writing of its intention to so terminate this Contract of Lease.
11. In the event Times-World is precluded from using
its television transmitter site on Poor Mountain (its present lo-
cation) by the Federal Communications Commission or any court
having proper jurisdiction, Times-World, after first giving 60
days' written notice to Roanoke, shall have the right to fully
repossess the demised premises, free and discharged of all the
terms of this Contract of Lease, except the right of Roanoke to
remove, within six months thereafter, the one-story brick building
located thereon.
12. No advertising signs shall be placed upon the said
tower other than an appropriate identification sign to be approved
by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have affixed
their signatures, by their respective officers or officials duly
authorized so to do, on the day and year first hereinabove writter
TIMES-WORLD CORPORATION
By ~ ' Pr
CITY OF ROANOKE
City Manager
-4 -
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
May 8, 1998
File ~60-448
SANDRA H. EAKIN
Deputy City Clerk
John H. Parrott, Chair
Roanoke Valley Regional Cable
Television Committee
714 Wildwood Road, S. W.
Roanoke, Virginia 24014
Dear Mr. Parrott:
I am attaching copy of Ordinance No. 33813-050498 approving the recommendation of the
Roanoke Valley Regional Cable Television Committee to approve the annual operating
budget for Fiscal Year 1998-99 for the operation of the regional government and
educational access station-Roanoke Valley Television (RVTV, Channel 3), and for the City
to provide partial funding in the amount of $116,230.00. The abovereferenced measure
was adopted by the Council of the City of Roanoke at a regular meeting which was held
on Monday, May 4, 1998.
/~ ~'~ ~'Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Attachment
pc:
Gretchen Shine, General Manager and Vice President, Cox Communications, 5400
Fallowater Lane, S. W., Roanoke, Virginia 24018
Mary H. Allen, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800,
Roanoke, Virginia 24018-0798
Carolyn S. Ross, Clerk, Town of Vinton, P. O. Box 338, Vinton, Virginia 24179
H:~N3ENOAg~MAY4.WPO
John H. Parrott
May 8, 1998
Page 2
pc:
Elaine B. Simpson, Station Manager, RVTV, 541 Luck Avenue, S. W.,
145, Roanoke, Virginia 24016
Angelita Y. Plemmer, Public Information Officer
Diane S. Akers, Budget Administrator, Office of Management and Budget
Sandra H. Eakin, Deputy City Clerk
Suite
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of May, 1998.
No. 33813-050498.
A RESOLUTION approving the recommendation of the Roanoke Valley Regional Cable
Television Committee to approve the annual operating budget for Fiscal Year 1998-99 for the
operation of the regional government and educational access station-Roanoke Valley Television
(RVTV, Channel 3), and for the City to provide partial funding.
WHEREAS, the Roanoke Valley Regional Cable Television Committee (Committee) has
reviewed and approved the annual budget for the Fiscal Year 1998-99 for the operation of RVTV
and has requested that the City of Roanoke approve that budget; and
WHEREAS, the Committee is comprised of representatives from the City of Roanoke,
Roanoke County, and the Town of Vinton and these jurisdictions have agreed to provide funding for
the purposes for which the Committee was created, including the support of the operation of a
regional government and educational access station, RVTV; and
WHEREAS, said jurisdictions have agreed to provide funding as provided for in the
agreement creating the Committee and the Committee has recommended that the City of Roanoke
provide partial funding to RVTV in the amount orS116,230.00, which is within the limits provided
for in the agreement; and
WHEREAS this Council desires to approve the recommendation of the Committee and
provide partial funding as requested by the Committee;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The annual budget for Fiscal Year 1998-99 for the operation of the regional
government and regional educational access station, RVTV, as set forth in a report to this Council
dated May 4, 1998, is hereby approved.
2. The amount orS116,230.00 will be provided by the City of Roanoke as its prorata
share for the annual operational budget for RVTV for the Fiscal Year 1998-99 as requested in the
report to this Council dated May 4, 1998.
ATTEST:
City Clerk.
'98 I'I),Y -1 P 1:3.3
May 4, 1998
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
SUBJECT: Budget for Government and Educational Access Cable Television Studio
Dear Mayor and Members of City Council:
The city of Roanoke, Roanoke County and the town of Vinton jointly operate Roanoke
Valley Television (RVTV). The initial equipment and facilities for the television studio were funded
through a capital grant from Cox Communications in the amount of $480,000. The studio is located
at the Jefferson Center, and currently employs four full-time staff members. The staff produces
videos and shows for the local governments and school systems that are cablecast along with
government meetings on Cox Communications Channel 3.
On June 8, 1992, City Council approved the Roanoke Regional Cable Television Committee
Agreement. In addition to determining the primary purposes of the Committee, the agreement states
that the operating budget for RVTV must be approved by the governing bodies of the City, County
and Town. Funding for the operating budget is provided by the three governments, based on the
proportion of Cox customers located in each jurisdiction. City Council has formally agreed to
provide up to 20 percent of the franchise fee paid by Cox Communications to fund the operations
of the facility.
During 1997, RVTV has produced the following for the city: nine departmental videos, 11
City Shows, 25 live Council meetings, and has also provided upkeep of the Message Board.
Additionally, RVTV has covered several major events in the city, including press conferences,
training sessions and ceremonies. Overall, programming increased 55% in the last year, as the staff
continues to work toward the goal of increasing the use of Channel 3. This is particularly impressive,
considering that RVTV's staff was reduced to two people for several months during the year, due
to illness and turnover.
The Cable Television Committee recently approved the purchase of an automated playback
system, which will greatly increase the number of hours per day that programming can be played on
Channel 3, without increasing staff time to do so. This piece of equipment should become
operational later in the spring.
The Honorable David A. Bowers, Mayor
and Members of City Council
May 4, 1998
Page Two
The Roanoke Valley Cable Television Committee approved the attached RVTV operational budget
for Fiscal Year 1998-99 at its meeting on March 4. The recommended budget of$197,670 is a three
percent increase over the current year's budget of $190,995. The budget includes the following
highlights:
Reinstatement of the Assistant Station Manager position. When the Assistant Station
Manager position became vacant due to an internal promotion, it was reclassified to a television
producer position. Since that time, with the current compliment of four full-time staff members and
the increasing demands for programming, the Cable Television Committee approved the
reclassification of the position back to its original grade. The starting salary is $25,115.
Addition of a part-time production assistant at a cost of $8,320. Adding an additional part-
time employee will allow coverage in the station during cablecasts of live Council meetings, and
provide for additional assistance in the video production area. The part-time position also can assist
with the data entry that will be needed for the new automated playback system.
RVTV staff is carded on the County's payroll and benefit system and will receive the same
increase as County employees. The proposed budget included 3% for raises for the staff, but actual
raises will be at the County rate.
The total budget increase is 3%, due to savings in salaries from turnover. Employees entering
a new position earn less than those who left the position, holding the increase for this year to a small
amount.
Cox Communications paid a five percent franchise fee to the three local governments in
1997, totaling $1,288,556. The city's share of the franchise fee was approximately $757,671. The
20 percent of the franchise fee allocated for the operation of RVTV is approximately $151,534.
Accordingly, the current budget is about $35,000 below the available funding.
The Honorable David A. Bowers, Mayor
and Members of City Council
May 4, 1998
Page Three
The proposed RVTV budget is $197,670. The total cost is broken down by locality as
follows:
Locali _ty
% of Cable Customers/Budget
Cost
Roanoke
58.8% $116,230
Roanoke County 33.8%
$66,812
Vinton
7.4% $14,628
On behalf of the city's representatives to the Cable Television Committee, and as City
Council's representative, I am pleased to recommend that City Council approve the proposed RVTV
budget in the amount of $197,670, with the city's share totaling $116,230. Funding has been
included in the City Manager's Rec°mmended BUd~rel 7 ~
ott, Chairman
"-'"Roanoke Valley Cable Television Committee
JHP/ayp
Attachment
CC.'
W. Robert Herbert, City Manager
Angelita Y. Plemmer, Public Information Officer
Wilbum C. Dibling, City Attorney
Gary Tegenkamp, Assistant City Attorney
Diane S. Akers, Budget Administrator
Mary Parker, City Clerk
Sandy Eakin, Deputy City Clerk
Gretchen Shine, General Manager and Vice President, Cox Communications
RVTV Proposed 1998-99 Budget
1010
1020
2100
2200
2300
2310
2400
3013
3202
3209
3503
3610
5210
5230
5235
5305
5308
5410
5420
5501
5504
5520
5540
5801
6010
6013
6014
6080
6202
Regular
Part-Time
FICA - Employer Contribution
Retirement - VRS
Group Health Insurance
Group Dental Insurance
Life Insurance - VSRS
Professional Services - Other
Repairs (Office Equipment)
Repairs (Other Equipment)
Printed Forms
Advertising
Postage
Telephone
Car Phones
Motor Vehicle Insurance
General Liability Insurance
Lease/Rent of Equipment
Lease/Rent of Buildings
Travel (Milage)
Travel (Convention & Conf)
Dinner Meetings & Luncheons
Training & Education
Dues & Association Membership
Office Supplies - General
Small Equipment & Supplies
Video Supplies
Gas, Oil & Grease
Subscriptions
Total
Budget
106,719.00
0
8,162.00
12,603.00
7,864.00
724.00
373.00
7,500.00
500.00
1,000.00
500.00
0
250.00
2,000.00
300.00
1,600.00
1,100.00
500.00
26,600.00
250.00
1,000.00
500.00
3,750.00
700.00
1,000.00
0
2,500.00
500.00
2,500.00
190,995.00
Proposed
103,060.00
8320.00
8,521.00
13,150.00
6,078.00
280.00
361.00
7,500.00
500.00
1,000.00
500.00
500.00
250.00
2,600.00
300.00
1,600.00
1,100.00
500.00
26,600.00
250.00
1,000.00
500.00
6,000.00
700.00
1,000.00
1,000.00
3,000.00
50O.00
1,000.00
197,670.00
Increase over last year: $6,675 or 3%
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
May 8, 1998
File #21-324-373-468-481
SANDRA H. EAKIN
Deputy City Clerk
Thomas L. Robertson, President
Carillon Health System
Legal Department
1212 Third Street, S. W.
Roanoke, Virginia 24016
Dear Mr. Robertson:
I am attaching copy of Ordinance No. 33794-050498 authorizing a lease between the City
of Roanoke and CHS, Inc., (the "Lessee"), for the lease of certain airspace over Crystal
Spdng Avenue, S. W., in the City, for a term of sixty (60) years, commencing on May 14,
1998 and ending on May 13, 2058, for a one-time rental payment of $75,600.00, to be paid
prior to May 14, 1998, and upon certain terms and conditions set out in the lease. The
abovereferenced measure was adopted by the Council of the City of Roanoke on first
reading on Monday, April 20, 1998, also adopted by the Council on second reading on
Monday, May 4, 1998, and will be in full force and effect ten days following the date of its
second reading.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Attachment
pc: Robert B. Manetta, General Counsel, Carillon Health System, Legal Department,
1212 Third Street, S. W., Roanoke, Virginia 24016
H:~AG ENDA~AY4.WPO
Thomas L. Robertson
May 8, 1998
Page 2
pc:
W. Robert Herbert, City Manager
James D. Grisso, Director of Finance
William F. Clark, Director, Public Works
Kit B. Kiser, Director, Utilities and Operations
Delores C. Daniels, Assistant to the City Manager for Community Relations
Glenn A. Asher, Manager, Risk Management
Tom T. Tasselli, Development Review Coordinator, Planning and Community
Development
Evelyn D. Dorsey, Zoning Administrator, Planning and Community Development
Charles M. Hurfine, City Engineer
Sarah E. Fitton, Engineering Coordinator
Evelyn S. Lander, Acting Chief, Planning and Community Development
Mariam K. Alam Stacy, Coordinator, Neighborhood Partnership
Ronald H. Miller, Building Commissioner
H:~AGENDAge~IF. AY4.Wi:~O
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of May, 1998.
No. 33794-050498.
AN ORDINANCE authorizing a lease between the City of Roanoke
and CHS, Inc. (the "Lessee"), for the lease of certain airspace
over Crystal Spring Avenue, S.W., in the City, for a term of sixty
(60) years.
WHEREAS, the City has, by advertisement published once a week
for four consecutive weeks in a paper of general circulation
published in the City, publicly invited bids for lease of certain
airspace over Crystal Spring Avenue, S.W., in the City for a term
of sixty (60) years;
WHEREAS, one bid for the lease of such airspace was received
when bids were publicly opened at the Council meeting held on April
20, 1998;
WHEREAS, the bid of Lessee, to lease such airspace for a term
of sixty (60) years commencing on May 14, 1998 and ending on May
13, 2058, for a one-time rental payment in the total amount of
$75,600.00, and upon other terms and conditions set out in the
lease incorporated by reference in the bid, was publicly opened at
the Council meeting on April 20, 1998; and
WHEREAS, at such Council meeting, a public hearing was held at
which all persons were accorded a full and fair opportunity to
comment, with respect to the proposed lease of such air rights; and
WHEREAS, Council found the bid of Lessee was the highest and
best bid made to the City for such airspace, and Council is
desirous of accepting this bid.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke as follows:
1. The bid of Lessee to lease certain airspace over Crystal
Spring Avenue, S.W., in the City, such airspace being more
particularly described in the Public Notice and Advertisement for
Bids, a copy of which is on file in the Office of the City Clerk,
for a term of sixty (60) years, commencing on May 14, 1998 and
ending on May 13, 2058, for a one-time rental payment of
$75,600.00, to be paid prior to May 14, 1998, and upon certain
other terms and conditions set out in the lease and incorporated by
reference and the bid of Lessee is hereby ACCEPTED.
2. The City Manager and City Clerk are hereby authorized,
for and on behalf of the City, to execute a written lease between
the City and Lessee for such airspace, such lease to be in a form
approved by the City Attorney.
3. The City Clerk is directed to forward an attested copy of
this ordinance to Lessee at the address indicated on Lessee's bid.
ATTEST:
City Clerk.
II:',OR D~O-AIR-t 'R I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
AN ORDINANCE authorizing a lease between the City of Roanoke
and ~~- ~d~'(the "Lessee"), for the lease of certain
- /
airspace over Crystal Spring Avenue, S.W., in the City, for a term
of sixty (60) years.
WHEREAS, the City has, by advertisement published once a week
for four consecutive weeks in a paper of general circulation
published in the City, publicly invited bids for lease of certain
airspace over Crystal Spring Avenue, S.W., in the City for a term
of sixty (60) years;
WHEREAS, one bid for the lease of such airspace was received
when bids were publicly opened at the Council meeting held on April
20, 1998;
WHEREAS, the bid of Lessee, to lease such airspace for a term
of sixty (60) years commencing on ~ /~, 1998 and ending on
~ ~3 , 2058~ for a one-time rental payment in the total amount
of $ ~ ~00',~'and upon other terms and conditions set out in the
lease incorporated by reference in the bid, was publicly opened at
the Council meeting on April 20.. 1998; and
WHEREAS, at such Council m~eting, a public hearing was held at
which all persons were accorded a full and fair opportunity to
comment with respect to the proposed lease of such air rights; and
WHEREAS, Council found the bid of Lessee was the highest and
best bid made to the City for such airspace, and Council is
desirous of accepting this bid.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke as follows:
1. The bid of Lessee to lease certain airspace over Crystal
Spring Avenue, S.W., in the City, such airspace being more
particularly described in the Public Notice and Advertisement for
Bids, a copy of which is on file in the Office of the City Clerk,
for a term of sixty (60) years, commencing on ~ /~ , 1998
ending on ;~ /~ , 2058, for a one-time rental payment of
and
$ ~3 ~.~ to be paid prior to ~ /~, 1998, and upon certain
other terms and conditions set out in the lease and incorporated by
reference and the bid of Lessee is hereby ACCEPTED.
2. The City Manager and City Clerk are hereby authorized,
for and on behalf of the City, to execute a written lease between
the City and Lessee for such airspace, such lease to be in a form
approved by the City Attorney.
3. The City Clerk is directed to forward an attested copy of
this ordinance to Lessee at the address indicated on Lessee's bid.
ATTEST:
City Clerk.
II:\(3RI)',O-AIR-('R
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
AN ORDINANCE authorizing a lease between the City of Roanoke
and , for the lease of certain airspace
over Crystal Spring Avenue, S.W., between McClanahan Avenue, S.W.,
and Evans Mill Road, S.W., in the City, for a term of sixty (60)
years.
WHEREAS, the City has, by advertisement published once a week
for four consecutive weeks in a paper of general circulation
published in the City, publicly invited bids for lease of certain
airspace over Crystal Spring Avenue, S.W., in the City for a term
of sixty (60) years;
WHEREAS, bids for the lease of such airspace was
received when bids were publicly opened at the Council meeting held
on April 20, 1998;
WHEREAS, the bid of to lease such
airspace for a term of sixty (60) years commencing on ,
1998 and ending on , 2058, for a one-time rental payment
in the total amount of $ , and upon other terms and
conditions set out in the lease incorporated by reference in the
bid, was publicly opened at the Council meeting on April 20, 1998;
and
WHEREAS, at such Council meeting, a public hearing was held at
which all persons were accorded a full and fair opportunity to
comment with respect to the proposed lease of such air rights; and
WHEREAS, Council found the bid of was
the highest and best bid made to the City for such airspace, and
Council is desirous of accepting this bid.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke as follows:
1. The bid of
airspace over Crystal
to lease certain
Spring Avenue, S.W., between McClanahan
Avenue, S.W., and Evans Mill Road, S.W., in the City, such airspace
being more particularly described in the bid of
, a copy of which is on file in
the Office of the City Clerk, for a term of sixty (60) years,
commencing on , 1998 and ending on , 2058, for a
one-time rental payment of $ , to be paid prior to ,
1998, and upon certain other terms and conditions set out in the
lease and incorporated by reference and the bid of , is
hereby ACCEPTED.
2. The City Manager and City Clerk are hereby authorized,
for and on behalf of the City, to execute a written lease between
the City and for such airspace, such lease to be in a
form approved by the City Attorney.
3. The City Clerk is directed to forward an attested copy of
this ordinance to .
ATTEST:
City Clerk.
H:~ORD~OA$-I:ORIS, I. I
PUBLIC NOTICE AND ADVERTISEMENT FOR BIDS
Lease of air rights located in Roanoke City over a
portion of Crystal Spring Avenue
between McClanahan Avenue and Evans Mill Road
At the direction of the Roanoke City Council, notice is hereby
given that the City of Roanoke, a Virginia municipal corporation,
proposes to grant by ordinance the air rights located in Roanoke
City over a portion of Crystal Spring Avenue for a term of sixty
years to provide sufficient area and space for a parking garage.
Such area being described as follows:
That portion of hereinafter-described plane lying within
the confines of the right-of-way of Crystal Spring Avenue
as extended upward sixteen and one-half (16 1/2) feet
from the surface thereof, the said plane being more
particularly described as follows:
STARTING at the intersection of the northerly right-of-
way line of McClanahan Street S.W. and the easterly
right-of-way line of Crystal Spring Avenue, S.W.; thence
with the easterly right-of-way of Crystal Spring Avenue,
S.W. and the property of Roanoke Hospital Association
(Tax Appraisal No: 1041003) N 31o 34' E. 140.00 feet to
the ACTUAL PLACE OF BEGINNING; thence leaving the
property of Carillon Medical Center (formerly Roanoke
Memorial Hospitals) and the easterly right-of-way of
Crystal Spring Avenue, S.W. and crossing said right-of-
way N 58o 28' W. 80.00 feet to a point; said point being
on the westerly right-of-way of Crystal Spring Avenue,
S.W.; thence with the westerly right-of-way of Crystal
Spring Avenue, S.W. and the property of CHS, Inc. (DB
1723 Pg. 85, Tax Appraisal No. 1040905) N. 31o 34' E
270.00 feet to a point; thence leaving the property of
CHS, Inc. and the westerly right-of-way of Crystal Spring
Avenue, S.W. and crossing said right-of-way S. 58o 26' E
80.00 feet to a point, said point being on the easterly
right-of-way of Crystal Spring Avenue, S.W.; thence with
the easterly right-of-way of Crystal Spring Avenue, S.W.
and the property of Carillon Medical Center (formerly
Roanoke Memorial Hospitals) (DB 1494 Pg. 610, Tax
Appraisal No. 1041004) S. 31o 34' W., 47.46 feet to a
point, said point being the southwesterly corner of Tax
Appraisal No. 1041004; thence continuing with the
easterly right-of-way of Crystal Spring Avenue, S.W. and
the property of Carillon Medical Center (formerly Roanoke
Memorial Hospitals) (Tax Appraisal No. 1041003) S. 31o
34' W 222.54 feet to the point of BEGINNING, said air
space right-of-way and easement beginning sixteen and
one-half (16 1/2) feet above the plane herein described
and extending upward therefrom for a distance of twenty
five (25) feet.
A copy of the full text of said proposed ordinance is on file in
the Office of the City Clerk, Room 456, Municipal Building, 215
Church Avenue, $.W., Roanoke, Virginia 24011.
A public hearing on the proposed ordinance will be held at
7:00 p.m., on April 20, 1998, in the Council Chambers. All parties
in interest and citizens may appear on the above date and be heard
on this issue.
Any interested party is hereby invited to submit a written bid
for the air rights proposed to be granted. Bids will be received
in the Office of the City Clerk until 4:30 p.m., local time,
Monday, April 20, 1998.
All bids so received will be held by the City Clerk, unopened,
until 7:00 p.m., local time, on the same date, at which time all
bids so received will be delivered to the Roanoke City Council
Chamber, Room 450, Municipal Building, Roanoke, Virginia, and then
publicly opened and read aloud before the Roanoke City Council.
The necessary bid documents, including a proposed lease of air
space and bid form, may be obtained from the City Clerk's Office on
and after Monday, March 23, 1998.
The bidder shall give notice in writing of his claim of right
to withdraw his bid within two days after the conclusion of the bid
opening consistent with the procedure set forth in Part (1) of
Section 11-54.A of the Code of Virginia (1950), as amended.
Within sixty days after the deadline for receipt of bids, the
City of Roanoke may award a lease of air space agreement to the
highest responsible and responsive bidder who will provide the best
combination of value of proposed improvements to the property and
annual rental fee for privileges and rights to be granted pursuant
to the terms of the lease of airspace.
The City expressly reserves the right to reject any and all
bids, to waive any informality or irregularity in the bids
received, and to accept the bid which is deemed to be in the best
interest of the City.
Mary F. Parker
City Clerk
Note to Publisher:
Please publish in the following Sunday editions: March 22,
March 29, April 5, and April 12 1998 (four advertisements total).
Please forward the bill to the City Clerk, Room 456, 215 Church
Avenue, S. W., Roanoke, Virginia 24011.
! I:\NOTICE',NAR-CARI. 1 A
BID FORM
Lease of air rights located in Roanoke City over a
portion of Crystal spring Avenue, S.W.
between McClanahan Avenue, S.W., and Evans Mill Road, S.W.,
Date:
Submitted by:
(Firm Name)
Roanoke City council
c/o City Clerk's office
Room 456, Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
proposes and agrees, if this Bid
(Firm name)
is accepted, to enter into and be bound by the Lease of Air Space.
A copy of said lease is on file in the office of the City Clerk.
Bid: one-time payment for rent as set forth in paragraph 2 of the
DOLLARS ($_ -)
Lease of Airspace -
, 1998, (date can be
Bid: 60-year term commencing on
no sooner than 10 days after City council adopts the ordinance on
second reading authorizing the Lease of Air Space)
State the complet~ firm name, exactly as it is recorded with the
State Corporation Commission.
EXACT FIRM NAME:
By:
(Type name)
Title:
(Type title)
DELIVERY ADDRESS:
MAILING ADDRESS:
CITY: STATE: ZIP CODE: -
TELEPHONE:( ,,) FAX: (~)
DIRECTIONS FOR MAILING BIDS: If bids are sent by mail, they shall
be sent by certified mail, return receipt requested.
Opaque envelopes - containing bids must be sealed, marked, and
addressed as follows:
Roanoke City Council
c/o City Clerk
Room 456, Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Place in lower left-hand corner of the envelope the following:
"Lease of Air Rights"
H:\LEASE\BID-AIR.I
LEASE OF AIR SPACE
THIS LEASE, entered into this day of ,1998, by and between the
CITY OF ROANOKE, VIRGINIA, a municipal corporation, hereinafter referred to as
"Lessor", and , a
corporation, hereinafter referred to as "Lessee";
WITNESSETH:
WHEREAS, pursuant to applicable statutes and ordinances, the City Council for the City
of Roanoke, Virginia adopted Ordinance No. on the day of
,1998, authorizing the execution of a lease covering the premises
hereinafter described on the terms and conditions hereinafter set forth; and
WHEREAS, said ordinance was adopted after due advertisement and public hearing held
on the ~ day of ,1998, after which Council determined that the bid
of the Lessee, was the highest and best bid therefor and should be accepted by the
Lessor.
NOW, THEREFORE, IN CONSIDERATION of the rental payments hereinafter set forth
and in further consideration of the faithful performance of the mutual covenants, conditions
and undertakings of the parties as set forth herein, the Lessor does hereby LEASE and
DEMISE unto the Lessee certain air space over a portion of Crystal Spdng Avenue, located
in the City of Roanoke, Virginia, and more particularly described on Exhibit A attached
hereto and made a part hereof.
This Lease is made upon the following terms and conditions:
-1-
TERM: This Lease shall be for a term of sixty (60) years beginning on the day
of ,1998, and ending on the day of ,2058.
RENT: Lessee shall pay to the Lessor a one-time rental payment in the total amount
of Dollars ($
payment shall cover the rent for the entire term of this Lease.
payment shall be made by the Lessee to the Lessor prior to the
,19~
), which
This one-time
day of
RENEWAL: Upon expiration of the initial term of this Lease, this Lease may be
renewed and extended upon the mutual agreement of the Lessor and the Lessee,
provided that both parties agree in writing to the extension of this Lease at least 120
days prior to the termination of the Lease. The term of any renewal shall be
determined at the time of the renewal. Any extension of this Lease shall be as
authorized by the Constitution of the Commonwealth of Virginia and all other
applicable statutes, and shall be under such terms and conditions as may be
agreed upon by the Lessor and Lessee at the time of said extension.
MAINTENANCE: Lessee shall be responsible for the complete maintenance of any
and all structures which are built within the Leased Air Space. Maintenance shall
include, but not be limited to, the structural integrity of the structure, all aesthetic
aspects of the structure, and the general cleaning and upkeep of all elements of the
structure. All maintenance work, ordinary as well as extraordinary, and structural
as well as non-structural, shall be made promptly, as and when necessary. All
repairs and replacements shall be in a quality and class at least equal to the odginal
work.
o
UTILITIES: Lessee shall pay the charges for all utility services furnished to the
structure erected in the Leased Air Space, including all hook-up and installation
-2-
charges, deposits, and similar charges that may be incurred in connection with the
utility services.
Lessee, at no expense to the Lessor, shall also make proper provisions for the
relocation and/or installation of any existing utilities which pass through the leased
air space, including the securing of approval and consent from any affected
company and other appropriate agencies.
LIGHTING: Lessee shall be responsible for the installation and maintenance of any
and all lighting which may be required under or on the structure to be built in the
Leased Air Space in order to provide adequate lighting for that portion of Crystal
Spring Avenue, which passes under the Leased Air Space. All lighting shall be
equal to or exceed any specifications set by the Lessor or any other governmental
agency, including all standards set by the Virginia Department of Highways and
Transportation for underpasses and similar structures, and shall be operated during
any and all periods as may be required by the Lessor. In addition, in case of
outages, Lessee agrees to replace or repair such outages at its own expense within
seventy-two (72) hours after notification of the outage is given to Lessee. All
charges incurred in connection with the use and operation of said lighting, including
charges for electrical power or other energy sources, shall be the responsibility of
the Lessee.
APPROVAL OF PLANS: Prior to construction of any structure in the Leased Air
Space, Lessee agrees to submit the plans for such structure to the City Manager
and Building Commissioner for review and approval. Lessor agrees that review of
the plans will be accomplished within fifteen (15) business days after submission
and that approval will not be unreasonably withheld.
-3-
o
COMPLIANCE WITH STATUTES, ETC.: The Lessee shall comply with all
applicable City, State and Federal laws, ordinances, regulations, statutes and
codes, including all relevant building and safety codes, in connection with the
construction, maintenance and operation of the structure being placed in the
Leased Air Space.
The Lessee shall further comply with all applicable City, State and Federal Laws,
ordinances, rules and regulations affecting or respecting the Leased Air Space, or
the use or occupancy of same, including the business at any time thereon
transacted by the Lessee therein.
TAXES AND ASSESSMENTS: The Lessee shall pay any and all property taxes
assessed against the Leased Air Space and improvements thereon during the term
of this Lease and any renewal hereof. Lessee shall also pay all taxes and
assessments levied against the personalty and the business operations carried on
by it in the Leased Air Space as well as the cost of any additional business licenses
and permits necessary to the operation of this business enterprise.
10.
REMOVAL OF STRUCTURE: At the expiration of the Lease period, or any
renewals thereof, it no agreement to the contrary has been reached, or if any point
during the Lease period or any renewals thereof, the structure within the Leased Air
Space becomes unsafe or fails to meet the provisions of any applicable building or
safety codes, and Lessee refuses or is unable to correct such structural or safety
defect within a reasonable time after proper notice thereof from Lessor, Lessee
agrees to demolish and remove the structure in the Leased Air Space solely at its
own expense. All demolition and related work required for the removal of the
structure in the Leased Air Space shall be done diligently and in conformity with all
legal and safety requirements, in a good and workman-like manner, and in
accordance with any reasonable standards required by the Lessor.
judgments advanced against Lessor and for expenses Lessor may incur in this
regard, adsing out of Lessee's intentional acts and negligent acts or omissions with
respect to the rights and privileges granted to Lessor to Lessee in this instrument.
12.
INSURANCE: Lessee shall obtain and maintain during the life of this Lease,
including any extensions, general liability, bodily injury and property damage liability
insurance coverage with respect to claims arising out of the subject matter of the
Lease. The amount of such insurance shall not be less than:
a. In the case of bodily injury liability insurance, $1,000,000 for injuries,
including death, to one person in any one occurrence and $5,000,000 annual
aggregate;
b. In the case of property damage insurance, $500,000 for damage in any one
occurrence and $1,000,000 annual aggregate;
c. In the case of general liability insurance, coverage in the amount of
$1,000,000; and
d. The above amounts may be met by "umbrella" coverage in a minimum
amount of $5,000,000.
Lessee shall name Lessor as an additional insured as its interests may appear on
the above policies. Pdor to execution of this Lease, Lessee shall furnish the Lessor
with certificates evidencing the required coverage and containing a statement to the
effect that the coverage shall not be canceled or materially altered except after thirty
(30) days's written notice to the Lessor.
The amount of insurance required herein shall be reviewed every five (5) years and
may be increased or decreased at the request of the Lessor. Any increase in the
amount of required insurance shall be mutually agreed upon between the Lessor
and the Lessee. If the Lessor and Lessee cannot agree upon a mutually
satisfactory amount at the time of any insurance review, the matter will be referred
-6-
In order to ensure performance of Lessee's obligations as set forth above in relation
to the demolition and removal of the structure within the Leased Air Space, solely
at the expense of the Lessee, Lessee hereby agrees to obtain a performance bond
naming the Lessor as the obligee or insured party in the event Lessee does not
demolish and remove the structure, as required by this Lease. This bond shall be
with a reputable bonding company licensed to do business in the Commonwealth
of Virginia and in the initial amount of Two Hundred Fifty Thousand and 00/100
Dollars ($250,000.00). The bond shall be in force prior to the initiation of any
construction within the Leased Air Space and shall remain in force for the term of
this Lease and any renewals hereof.
The amount of the bond required herein shall be reviewed every five (5) years and
may be increased or decreased at the time of each review to reflect the reasonable
cost of demolition and removal at that time. Any increase or decrease in the
amount of the bond shall be mutually agreed upon between the Lessor and the
Lessee. If the Lessor and the Lessee cannot agree upon a mutually satisfactory
sum to cover the cost of demolition and removal or if the Lessor and Lessee cannot
agree upon a mutually acceptable means for ensuring that the structure will be
demolished or removed at no expense to Lessor if it is no longer feasible to obtain
a performance bond, the matter will be referred to three independent arbitrators.
One of these arbitrators will be chosen by the Lessor and one will be chosen by the
Lessee. After being chosen, these two arbitrators shall then choose a third
arbitrator, and the majodty decision of the three arbitrators as to the cost of removal
or manner of insuring the Lessor shall then be final and binding on the parties
hereto.
11.
INDEMNIFICATION: Lessee agrees to indemnify and hold harmless the Lessor, its
officers, agents and employees, from any and all claims, legal actions and
-5-
to three independent arbitrators. One of these arbitrators shall be chosen by the
Lessor and one shall be chosen by the Lessee. After being chosen, these two
arbitrators shall then choose the third arbitrator. The majority decision of the three
arbitrators as to the amount of insurance shall then be final and binding on the
parties hereto.
13.
COVENANT OF TITLE AND QUIET ENJOYMENT: Lessor hereby covenants and
warrants that Lessor has full right and lawful authority to enter into this Lease for the
term of this Lease or any renewal hereof; that Lessor is lawfully seized of the entire
premises herein demised and has the title thereto, free and clear of all
encumbrances, and further that Lessee's quiet and peaceable enjoyment of the
leased premises during the term of this Lease, or any renewal, shall not be
disturbed or interfered with by anyone.
14.
TERMINATION: This Lease may be terminated at any time by mutual agreement,
in writing, of the Lessor and Lessee. In addition, if the Lessee breaches, or is in
default in the performance of, any covenant of this Lease and if such breach or
default is not cured within thirty (30) days after written notice thereof is given by
Lessor to Lessee, or if such breach or default is of such nature that it cannot be
cured within thirty (30) days from the date of such notice but Lessee has not
proceeded with reasonable diligence and in good faith to remedy any breach or
default within the thirty (30) day period, Lessor may give Lessee written notice of its
unilateral right to terminate this Lease at some date not less than ninety (90) days
after date of the termination notice.
15.
NOTICE: All notices required by any provision of this lease shall be given in writing,
by registered or certified mail, addressed to the party to whom the notice is to be
given at address hereafter given or at such other addresses as from time to time
which may be given by the parties. Notice shall be deemed to have been made at
-7-
the time of depositing the letter in the United States Post Office.
parties are as follows:
Addresses of the
a. Lessor:
City Manager
Room 364, Municipal Building
215 Church Avenue, SW
Roanoke, Virginia 24011
b. Lessee:
Carilion Health System
Legal Department
1212 Third Street, SW
Roanoke, Virginia 24016
16.
SUCCESSORS AND ASSIGNS: It is understood and agreed that all the covenants,
agreements, terms, conditions, and provisions of this Lease or any renewal hereof
shall extend to and be binding upon the assigns and/or successors in interest to the
respective parties hereto. Any assignment of this Lease must be approved by the
Lessor, but such approval shall not be unreasonably withheld.
17.
ENTIRE AGREEMENT: It is understood and agreed that this instrument contains
the entire agreement between the parties. Any modifications to the Lease shall be
in writing and signed by the parties hereto.
DATED:
,1998 CITY OF ROANOKE, VIRGINIA
BY:
CITY MANAGER
-8-
ATTEST:
DATED:
,1998
CITY CLERK
CHS, Inc.
DATE:
,1998
BY:
THOMAS L. ROBERTSON, PRESIDENT
ATTEST:
DATE: ,1998 BY:
TITLE:
COMMONVVEALTH OF VIRGINIA )
) to-wit:
CITY OF ROANOKE )
The foregoing instrument was acknowledged before me this ~ day of ,
1998, by , City Manger of the City of Roanoke, Virginia, for and on behalf
of said municipal corporation.
(SEAL)
Notary Public
My commission expires:
-9-
COMMONWEALTH OF VIRGINIA )
) to-wit..
CITY OF ROANOKE )
The foregoing instrument was acknowledged before me this ~ day of .,
1998, by Thomas L. Robertson, President of CHS, Inc. for and on behalf of said
corporation.
(SEAL)
My commission expires:
Notary Public
LEGAL DESCRIPTION
That portion of hereinafter described plane lying within the confines of the right-of-way of
Crystal Spring Ave. S.W. as extended upward sixteen and one-half (16 1/2) feet from the
surface thereof, the said plane being more particularly described as follows:
STARTING at the intersection of the northerly right-of-way line of
McClanahan Street S.W. & the easterly right-of-way line of Crystal Spring
ave. $.W.; Thence with the easterly right-of-way of Crystal Spring Ave. S.W.
& the property of Roanoke Hospital Association (Tax Appraisal No: 1041003)
N 31° 34' E 140.00 feet to the ACTUAL PLACE OF BEGINNING; Thence
leaving the property of Carillon Medical Center (formerly Roanoke Memorial
Hospitals) & the easterly right-of-way of Crystal Spring Ave. $.W. and
crossing said right-of-way N 58° 28' W 80.00 feet to a point; said point being
on the westerly right-of-way of Crystal Spring Ave. $.W.; Thence with the
westerly right-of-way of Crystal Spdng Ave. S.W. & the property of CHS, Inc.
(DB 1723 Pg. 85, Tax Appraisal No. 1040905) N 31° 34' E 270.00 feet to a
point; Thence leaving the property of CHS, Inc. & the westerly right-of-way
of Crystal Spring Ave. S.W. & crossing said right-of-way S 58° 26' E 80.00
feet to a point, said point being on the easterly right-if-way of Crystal Spring
Ave. S.W.; Thence with the easterly fight-of-way of Crystal Spdng Ave. S.W.
& the property of Carillon Medical Center (formerly Roanoke Memorial
Hospitals) (DB 1494 Pg. 610, Tax Appraisal No. 1041004) S 31° 34' W
47.46 feet to a point, said point being the southwesterly corner of Tax
Appraisal No. 1041004; Thence continuing with the easterly right-of-way of
Crystal Spring Ave. S.W. & the property of Cafilion Medical Center (formerly
Roanoke Memorial Hospitals) (Tax Appraisal No. 1041003) S. 31° 34'W
222.54 feet to the point of BEGINNING, said air space right-of-way &
easement beginning sixteen and one-half (16 1/2) feet above the plane
herein described and extending upward therefrom for a distance of twenty
five (25) feet.
p:\USERS'~RACHEL~FILES~Real Estate~leaseaimpace.wpd
(3/9/98-4:12PM)
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
May 8, 1998
File #514
SANDRA H. EAKIN
Deputy City Clerk
Ms. Sharon K. Burnham
Mr. Joseph W. H. Mott
901 Oakwood Drive, S. W.
Roanoke, Virginia 24015
Dear Ms. Burnham and Mr. Mott:
I am enclosing copy of Ordinance No. 33795-050498 permanently vacating, discontinuing and closing
a .06 acre parcel of land adjacent to Official Tax Nos. 1260321 and 1260118 located on Oakwood
Drive, S. W., and a .04 acre parcel of land located adjacent to Official Tax No. 1260321, as shown
on Map of Oak Hill Subdivision. The abovereferenced measure was adopted by the Council of the
City of Roanoke on first reading on Monday, April 20, 1998, also adopted by the Council on second
reading on Monday, May 4, 1998, and will be in full force and effect ten days following the date of
its second reading.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
pc:
Ms. Joan Coyne Martin, 914 Oakwood Drive, S. W., Roanoke, Virginia 24015
Mr. and Mrs. Richard Newton, 915 Oakwood Drive, S. W., Roanoke, Virginia 24015
Evelyn S. Lander, Acting Chief, Planning and Community Development
Martha P. Franklin, Secreta~, City Planning Commission
Ronald H. Miller, Building COmmissioner
Charles M. Huffine, City Engineer
Steven ,1. Talevi, Assistant City Attom~
H:IAGENDAg81MAY4.WPO
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of May, 1998.
No. 33795-050498.
AN ORDINANCE permanently vacating, discontinuing and closing
certain public right-of-way in the City of Roanoke, Virginia, as
are more particularly described hereinafter.
WHEREAS, Sharon K. Burnham and Joseph W. H. Mott filed an
application to the Council of the City of Roanoke, Virginia, in
accordance with law, requesting the Council to permanently vacate,
discontinue and close the public right-of-way described
hereinafter; and
WHEREAS, the City Planning Commission, after giving proper
notice to all concerned as required by S30-14, Code of the City of
Roanoke (1979), as amended, and after having conducted a public
hearing on the matter, has made its recommendation to Council; and
WHEREAS, a public hearing was held on said application by the
City Council on April 20, 1998, after due and timely notice thereof
as required by S30-14, Code of the City of Roanoke (1979), as
amended, at which hearing all parties in interest and citizens were
afforded an opportunity to be heard on said application; and
WHEREAS, it appearing from the foregoing that the land
proprietors affected by the requested closing of the subject public
right-of-way have been properly notified; and
WHEREAS, from all of the foregoing, the Council considers that
no inconvenience will result to any individual or to the public
from permanently vacating, discontinuing and closing said public
right-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke, Virginia, that the public right-of-way situate in the City
of Roanoke, Virginia, and more particularly described as follows:
Those certain areas consisting of two parcels of land,
being a .06-acre parcel located adjacent to Official Tax
Nos. 1260321 and 1260118 on Oakwood Drive, S.W., and a
.04-acre parcel located adjacent to Official Tax No.
1260321, as shown on the Map of Oak Hill Subdivision,
recorded at Plat Book 2, page 78,
be, and is hereby permanently vacated, discontinued and closed, and
that all right and interest of the public in and to the same be,
and hereby is, released insofar as the Council of the City of
Roanoke is empowered so to do with respect to the closed portion of
the right-of-way, reserving however, to the City of Roanoke and any
utility company, including, specifically, without limitation,
providers to or for the public of cable television, electricity,
natural gas or telephone service, an easement for sewer and water
mains, television cable, electric wires, gas lines, telephone
lines, and related facilities that may now be located in or across
said public right-of-way, together with the right of ingress and
egress for the maintenance or replacement of such lines, mains or
utilities, such right to include the right to remove, without the
payment of compensation or damages of any kind to the owner, any
landscaping, fences, shrubbery, structure or any other
encroachments on or over the easement which impede access for
maintenance or replacement purposes at the time such work is
undertaken; such easement or easements to terminate upon the later
abandonment of use or permanent removal from the above-described
2
public right-of-way of any such municipal installation or other
utility or facility by the owner thereof.
BE IT FURTHER ORDAINED that the applicant shall submit to the
Agent for the Planning Commission, receive all required approvals
of, and record with the Clerk for the Circuit Court for the City of
Roanoke, a subdivision plat, with said plat combining all
properties which would otherwise be landlocked by the requested
closure, or otherwise disposing of the land within the right-of-way
to be vacated in a manner consistent with law, and retaining
appropriate easements, together with the right of public passage
over the same, for the installation and maintenance of any and all
existing utilities that may be located within the right-of-way.
BE IT FURTHER ORDAINED that the applicant shall, upon meeting
all other conditions to the granting of the application, deliver to
the Clerk of the Circuit Court of the City of Roanoke, Virginia, a
certified copy of this ordinance for recordation in the Deed Books
of said Clerk's Office, indexing the same in the name of the City
of Roanoke, Virginia, as Grantor, and in the name of the applicant,
and the name of any other party in interest who may so request, as
Grantee, and pay such fees and charges as are required by the Clerk
to effect such recordation.
BE IT FURTHER ORDAINED that the applicant shall, upon a
certified copy of this ordinance being recorded by the Clerk of the
Circuit Court of the City of Roanoke, Virginia, in the Deed Books
of said~Clerk's Office, file with the City Engineer for the City of
Roanoke, Virginia, the Clerk's receipt, demonstrating that such
3
recordation has occurred.
BE IT FURTHER ORDAINED that the City Engineer shall, upon
receiving the afore-mentioned Clerk's receipt, mark "permanently
vacated" on said public right-of-way on all maps and plats on file
in his office on which said right-of-way is shown, referring to the
book and page of ordinances and resolutions of the Council of the
City of Roanoke, Virginia, wherein this ordinance shall be spread.
BE IT FURTHER ORDAINED that if the above conditions have not
been met within a period of six (6) months from the date of the
adoption of this ordinance, then said ordinance shall be null and
void with no further action by City Council being necessary.
ATTEST:
City Clerk.
H:\ORD-CLOS\O-BLIRN I lA. I B 4
IVIRONIA, ~
RECE ""
Roanoke City Planning Commission
April 20, 1998
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of the City Council:
Subject:
Request of Sharon K. Burnham and Joseph W. H. Mott to close,
discontinue and permanently vacate two (2) parcels of land situated
adjacent to Tax Parcels 1260321 and 1260118, on Oakwood Drive, S.W.
I. Background:
mo
Application describes the two parcels of land to be vacated as Parcel 1, an area of
approximately .06 acres, laid out as an unnamed street and recorded in Plat Book
2, page 78, and Parcel 2, as an area of approximately .04 acres, which was
allegedly conveyed to the City some years ago by deed in Deed Book 701, page
190, for parkway and road purposes.
Applicants own the property described as tax parcel 1260321 (901 Oakwood
Road). Street opening permit was issued by the City on July 17, 1996, to allow
the installation of a driveway from the residence through parcel 2, to establish a
connection with Oakwood Drive, S. W. (see attached Map "A").
Subdivision that established the subject two parcels (Plat Book 2, page 78)
contains statements providing that the streets in the subdivision were not being
dedicated for public use and were being expressly reserved by the subdivider.
City staff has also been unable to find any deed of conveyance for parcel 2 that
was acknowledged or approved by the City.
Applicants' property, tax parcel 1260321 (901 Oakwood Road) currently has only
9.9 feet of street frontage. Property is zoned RS-3, which requires a mil~imum of
50 feet of street frontage.
II. Current Situation:
mo
Unnamed street (Parcel 1) has been shown on the City's official maps as a public
right-of-way, in the same manner that all other public streets are shown. Private
streets in most cases are labeled on maps as "private".
Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344
Members of City Council
Page 2
Bo
Unnamed street (Parcel 1) has never been developed, used or maintained by the
City for any public purpose.
Co
Parcel 2 is currently being used by the applicants for private driveway purposes.
This parcel has also never been developed, used or maintained by the City for any
public purpose.
Do
Application was reviewed by the Planning Commission at its regular meeting on
March 4, 1998.
IV.
mo
Issues:
Public comments on the proposed vacation was solicited by the Commission - No
person or persons in attendance opposed or questioned the proposed vacation.
IV.
A. Neighborhood impact.
B. Traffic impact.
C. Utilities in the public right of way.
D. Creation of a dead end street.
E. Land use.
F. Relationship to the Comprehensive Plan.
Alternatives:
mo
Approve Alternative "A" thereby approving the applicants' request for the City to
vacate any and all interest it may have, if any, in the described unnamed street
(Parcel 1) and the adjacent Parcel 2, subject to certain conditions as outlined in
Part V of this report.
Neighborhood impact. Vacation of the subject parcels 1 and 2 would have
no effect, adverse or otherwise, on the surrounding neighborhood.
°
Traffic impact. Vacation would have no impact on traffic or future traffic
needs in the area.
3. Utilities within the public right-of-way.
(a) City has no utilities within the subject parcels.
(b) American Power Company has a utility in parcel 1.
4. Creation of a dead end street. Vacation will not create a dead end street.
Members of City Council
Page 3
5. Land use:
(a) Parcel 1 has remained vacant for many years.
(b) Both parcels are currently being used for private purposes.
(c)
City has no current or future need or use for the subject parcels 1
and 2. Vacation would allow the applicants to pursue the
establishment of title to the parcels.
Relationship to the Comprehensive Plan. Request is consistent with the
intent of the City's Comprehensive Plan that available land be used in the
most appropriate manner:
(a) City has no current or future need for the subject parcels.
(b)
Abutting property owners could use the land in a more efficient
manner.
B. Deny the applicants' request:
1. Neighborhood impact would not be an issue.
2. Traffic impact would not be an issue.
3. Utilities within the public right-of-way would not be an issue.
4. Creation of a dead end street would not be an issue.
Land use. Land within the subject parcels will remain in an idle and
unproductive status.
o
Relationship to the Comprehensive Plan. Leaving the subject parcels in
their current non-productive status would be inconsistent with the intent of
the Comprehensive Plan.
V. Recommendation:
Planning Commission by a vote of 4-0 recommends that City Council approve alternatiw:
"A", thereby approving the applicants' request for the City to vacate any and all interests
it may have, if any, in the described unnamed street (Parcel 1) and the adjacent Parcel 2,
subject to the following conditions.
The applicant shall submit to the Agent for the Planning Commission, receive all
required approvals of, and record with the Clerk of the Circuit Court for the City
of Roanoke, a subdivision plat, with said plat combining all properties which
Members of City Council
Page 4
would otherwise be landlocked by the requested closure, or otherwise disposing of
the land within the right-of-way to be vacated in a manner consistent with law,
and retaining appropriate easements, together with the right of public passage over
the same, for the installation and maintenance of any and all existing utilities that
may be located within the right-of-way.
Bo
The applicant shall, upon meeting all other conditions to the granting of the
application, deliver to the Clerk of the Circuit Court of the City of Roanoke,
Virginia, a certified copy of this ordinance for recordation in the Deed Books of
said Clerk's Office, indexing the same in the name of the City of Roanoke,
Virginia, as Grantor, and in the name of the Petitioner, and the names of any other
parties in interest who may so request, as Grantees, and pay such fees and charges
as are required by the Clerk to effect such recordation.
The applicant shall, upon a certified copy of this ordinance being recorded by the
Clerk of the Circuit Court of the City of Roanoke, Virginia, in the Deed Books of
said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia,
the Clerk's receipt, demonstrating that such recordation has occurred.
Do
The City Engineer shall, upon receiving the afore-mentioned Clerk's receipt, mark
"permanently vacated" on said public right-of-way on all maps and plats on file in
his office on which said right-of-way is shown, referring to the book and page of
ordinances and resolutions of the Council of the City of Roanoke, Virginia,
wherein this ordinance shall be spread.
mo
If the above conditions have not been met within a period of six months from the
date of the adoption of this ordinance, then said ordinance shall be null and void
with no further action by City Council being necessary
Respectfully submitted,
Gilbert E. Butler, Jr., Chairman
Roanoke City Planning Commission
ERT:mpf
attachments
cc: Assistant City Attorney
Petitioner
IN RE:
(.:IT Y C~..-Z.z! i t~ .:,.'?~. , :-
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Application of Sharon K. Burnham and
Joseph W.H. Mort for vacation of
abandoned roadway located adjacent to
Oakwood Drive
FEB-5
P 3:46
APPLICATION FOR VACATING,
DISCONTINUING AND
CLOSING OF ABANDONED
ROADWAY LOCATED
ADJACENT TO OAKWOOD
DRIVE; LIST OF PROPERTY
OWNERS AFFECTED;
EXHIBITS 1 - 5
MEMBERS OF COUNCIL:
Sharon K. Burnham and Joseph W.H. Mort apply to have an abandoned
roadway located adjacent to Oakwood Drive, S.W., in the City of Roanoke, Virginia,
permanently vacated, discontinued and closed, pursuant to Virginia Code Section
15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended.
This abandoned roadway consists of two parcels, as shown on Exhibit 1, the map
of Oak Hill Subdivision recorded at Plat Book 2, page 78 ('plat map"). The parcels
adjoin each other, but since each parcel has a different history, they are described
separately, as follows:
Parcel I is an area of approximately .06 acre, which appears to have
been laid out as an unnamed street on the plat map. Based upon our reading of the
plat map, Parcel 1 appears to have the following description:
Beginning at a point on the southeast corner of Oakwood Drive and a
40-foot wide connecting street, as shown on the plat map; thence
with the south line of said 40-foot unnamed street S. 75° 42' E, 54.6
feet to a point on the outside boundary line of the Oak Hill Subdivision;
thence with the line of same N. 13° 50' E. 40.0 feet to the north line
of said 40-foot unnamed street; thence with the line of the same S.
75° 42' W. 86.4 feet; thence S. 24° 27' E. 51.3 feet to the beginning.
Parcel 2 is an area of approximately .04 acre, which was conveyed by
deed to the City of Roanoke for parkway or street purposes, recorded at Deed Book
701, Page 190, and is shown on the plat map. The deed of conveyance is
attached as Exhibit 2-A, and a transcription is attached as Exhibit 2-B. Based upon
this deed, Parcel 2 has the following description:
BEGINNING at a point on the southeast corner of Oakwood Drive and
a 40-foot wide connecting street, as shown on the Map of Oak Hill
Subdivision recorded at Plat Book 2, page 78, in the Clerk's Office of
the Circuit Court for Roanoke County, thence with the south line of
said 40-foot unnamed street S. 75° 42' E. 54.6 feet to a point on the
outside boundary line of the Oak Hill Subdivision; thence with the line
of same S. 13° 50' W. 46.0 feet to a point on the north line of a 60-
foot wide reserved street, (said point being N. 13° 50' E. 76.4 feet
from the iron pipe on the east side of a chestnut oak) as shown on
above-mentioned map; thence with the north line of said reserved
street S. 65° 37' W. 14.1 feet to a point on the east line of Oak Hill
Drive; thence with same N. 24~ 27' W. 70.3 feet to the place of
BEGINNING.
Sharon K. Burnham and Joseph W.H. Mort state that the grounds for this
application are as follows:
1. We are the owners of property located at Tax Map No. 1260321,
901 Oakwood Drive, S.W., which adjoins the eastern boundary of the original Oak
Hill Subdivision and the property to be vacated, as shown on Exhibit 3, the current
Zoning Map, Sheet No. 126. The previous owner obtained Street Opening Permit
No. 960717-1090, which allowed the driveway for our property to cross over the
property to be vacated and connect with Oakwood Drive, as shown on Exhibit 4, a
survey completed July 19, 1996.
2
2. The property to be vacated appears to be essentially abandoned for
any roadway, parkway, or street purposes. The area is unkempt and overgrown
with trees and bushes, as shown in the photographs attached as Exhibit 5, which is
inconsistent with the general appearance of the neighborhood. A utility pole was
placed within the boundaries of Parcel 1, as shown on Exhibit 4.
3. The applicants desire to maintain and improve the property to be
vacated through appropriate landscaping and upkeep.
4. The applicants have contacted Dr. and Mrs. Richard Newton,
owners of Tax Map No. 1260118, 915 Oakwood Drive, S.W., to discuss this
application, since their property adjoins Parcel 1. (The applicants do not believe,
based upon the plat map and the zoning map, that any other property owners are
affected.) We have not been able to meet with Dr. and Mrs. Newton because of
conflicting schedules. We have no reason to believe they will object to the
proposed application, but we will submit a supplemental statement setting forth
their position once we have met with them.
WHEREFORE, Sharon K. Burnham and Joseph W.H. Mort respectfully request
that Parcel 1 and Parcel 2, the above described abandoned roadway located
adjacent to 901 Oakwood Drive, S.W., in the City of Roanoke, Virginia, be
3
permanently vacated, discontinued and closed, pursuant to Virginia Code Section
15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended.
Respectfully submitted,
aron K. Burr{ham
901 Oakwood Dr., S.W.
Roanoke, VA 24015
857-2907
4
LIST OF PROPERTY OWNERS AFFECTED
Richard M. Newton
Jane S. Newton
91 50akwood Drive, S.W.
Roanoke, VA 24015
Tax Map No. 1260118
Sharon K. Burnham
Joseph W.H. Mott
901 Oakwood Dr., S.W.
Roanoke, VA 24015
Tax Map No. 1260321
IN RE:
REC£1VEG
CITY C.'..£ }t-,-'. ":~.,,-:-
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
'98 KB 12 PI2:.41
Application of Sharon K. Burnham and
Joseph W.H. Mort for vacation of.
abandoned roadway located adjacent to
Oakwood Drive
)
)
)
)
)
)
)
)
SUPPLEMENTAL STATEMENT
MEMBERS OF COUNCIL:
Sharon K. Burnham and Joseph W.H. Mort submit this supplemental
statement to inform the council that we have discussed this application with Dr.
and Mrs. Richard Newton, owners of Tax Map No. 1260118, 915 Oakwood Drive,
S.W., which property adjoins Parcel 1. Dr. Newton has represented to us that he
and his wife do not object to our application. He further stated that he and his wife
are interested in the disposition of the property adjoining their lot, if this application
is successful.
Respectfully submitted,
aron K. ~urnham
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 I- 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
March 30, 1998
File 514
SANDRA H. EAKIN
Deputy City Clerk
Ms. Sharon K. Bumh
Mr. Joseph W. H. Mort
901 Oakwood Drive, S. W.
Roanoke, Virginia 24015
Dear Ms. Burnham and Mr. Mott:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on
Monday, April 6, 1981, I have advertised a public hearing for Monday, April 20, 1998, at 7:00 p.m.,
or as soon there~er as the matter may be heard, on your request that a.06-acre parcel and a.04-acre
parcel of land located on Oakwood Drive, S. W., adjacent to Official Tax Nos. 1260321 and
1260118, be permanently vacated, discontinued and closed.
For your information, I am enclosing copy of a notice of the public hearil~ an Ordinance and a report
of the City Plannin~ Commission with regard to the matter. Please review the documents and if you
have questions, you may contact Steven ~I. Talevi, Assistant City Attorney, at 853-2431. Questions
with regard to the City Planning Commission report should be directed to John R. Marlles, Chief of
Planning and Community Development, at 853-2344.
It will be necessary for you, or your representative, to be present at the April 20 public
hearing. Failure to appear could result in a deferral of the matter until a later date.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
Ml~:lo
Enclosure
N:~CKLOI ~EZONING.g~URNHAM.WPO '
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 !- 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
April 1, 1998
File 514
SANDRA H. EAKIN
Deputy City Clerk
Ms. Sharon K. Burnham
Mr. Joseph W. H. Mott
901 Oakwood Drive, S. W.
Roanoke, Virginia 24015
Dear Ms. Burnham and Mr. Mort:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on
Monday, April 6, 1981, I have advertised a public hearing for Monday, April 20, 1998, at 7:00 p.m.,
or as soon thereafter as the matter may be heard, on your request that a.06.acre parcel and a.04-acre
parcel of land on Oakwood Drive, S. W., adjacent to Official Tax Nos. 1260321 and 1260118, be
permanently vacated, discontinued and closed.
The City Planning Commission has recommended approval of the request, subject to the following
condition:
The applicant shall submit to the Agent for the City Planning Commission, receive all required
approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a
suMMa'on plat, said plat combining all properties which would otherwise be landlocked by
the requested closure, or otherwise disposing of the land within the right-of-way to be
vacated in a manner consistent with law, and retaining appropriate easements, together with
the fight of public passage over same, for installation and maintenance of any and all existing
utilities that may be located within the right-of-way.
If you have questions with regard to the matter, please contact John R. Marlles, Chief of Planning and
Community Development, at 853-2344.
Sincerely, ~l~L~,~,~"
Mary F. Parker, CMC/AAE
City Clerk
N:~CKLOt~REZONING.~BURNHAM.WPO ,
Sharon K. Burnham
Joseph W. H. Mott
April 1, 199S
Pag~ 2
pc:
Ms. Joan Coyne Martin, 914 Oakwood Drive, S. W., Roanoke, Virginia 24015
Mr. and Mrs. Richard Newton, 915 Oakwood Drive, S. W., Roanoke, Virginia 24015
Ad Number: 756393
Publisher's Fee: $132.60
SHARON K. BURNHAM/JOSEPH
901 OAKWOOD DRIVE, S.W.
ROANOKE, VA 24015
The Roanoke Times
STATE of VIRGINIA
CITY of ROANOKE
AFFIDAVIT of PUBLICATION
I, {the undersigned) an authorized
representative of the Times-World Cor-
poration, which corporation is publisher
of The Roanoke Times, 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:
04/02/98 FULL RUN - Thursday
04/09/98 FULL RUN - Thursday
Witness, this 16th day of April 1998
Authorized Signature
NOTICE OF PUBUC HEARING
TO ~40M iT MAY CONCERN:
The CounCil of the City of
Roah~';*~*~l hold a Public
Hearing on Monday, April 20,
199~, at 7:00 p.m., or as soon
t/~ as the mat~e; may
be heard, in b~e Council Cham-
ber in ~e Municipal Bt~ng~
215 Chumh Avenue, S.W., o~
an appllcaUo~ to permanently
abandon, vacate, discontinue
and close, to the extent the
Ci~ his eny legal interest in
sak~ pubik~ d~ht-of-way, the fo~-
I~ln~ i~b#c fl~ht-of ~n.s~d
Those certain areas con ng
of'two pa~ce~s of land, being a
.06-acm parcel and a .04-acre
)amel, ,,~ Mtown on Ute Map of
Oak H~# Sul)dlv~on, recorded
at P~at Bo~k 2, P~ 78, and
on Oakwood Drtve, S.W.
~ m int~ ~ ~pe~
GiVEN~ u~ my hand this 2nd
Ma~y F. Pa~e~, City Cle~.
(756393) .
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Hearing
on Monday, April 20, 1998, at 7:00 p.m., or as soon thereafter as
the matter may be heard, in the Council Chamber in the Municipal
Building, 215 Church Avenue, S.W., on an application to permanently
abandon, vacate, discontinue and close, to the extent the City has
any legal interest in said public right-of-way, the following
public right-of-way:
Those certain areas consisting of two parcels of land,
being a .06-acre parcel and a .04-acre parcel, as shown
on the Map of Oak Hill Subdivision, recorded at Plat Book
2, page 78, and located adjacent to Official Tax Nos.
1260321 and 1260118 on Oakwood Drive, S.W.
A copy of this proposal is available for public inspection in
the Office of the City Clerk, Room 456, Municipal Building. All
parties in interest may appear on the above date and be heard on
the question.
GIVEN under my hand this 2nd day of April , 1998.
Mary F. Parker, City Clerk.
I I:\NOTICI~\NA-BRUNI L I A
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA R E C E t ~,' [ E
CITY C~r_~i('5 ~:~: ~ J :'
PERTAINING TO THE STREET AND ALLEY CLOSURE REQUEST OF:
'98 FEB 23 A9:28
Sharon K. Burnham and Joseph W. H. Mort for vacation of two parcels )
of land adjacent to Oakwood Drive, S.W. )Affidavit
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to 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 Section 15.2-2204, Code of
Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, sM has
sent by first-class mail on the 23rd day of February, 1998, notices ora public hearing to be held on
the 4th day of March, 1998, on the rezoning captioned above to the owner or agent of the parcels
listed below at their last known address:
Parcel Owner's Name Mailing Address
1260211
Joan Coyne Martin
914 Oakwood Drive, SW
Roanoke, VA 24015
1260118
Richard and Jane Newton
915 Oakwood Drive, SW
Roanoke, VA 24015
1260321
Petitioners
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia,
this 23rd day of February, 1998.
My Commissionexpires~_~ t~/. / ~?
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
February 17, 1998
File #514
SANDRA H. EAKIN
Deputy City Clerk
Gilbert E. Butler, Jr., Chair
City Planning Commission
3406 Exeter Street, S. W.
Roanoke, Virginia 24014
Dear Mr. Butler:
Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees
therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of
a supplemental statement from Sharon K. Burnham and Joseph W. H. Mott, confirming that
Dr. and Mrs. Richard Newton, owners of property described as Official Tax No. 1260118,
915 Oakwood Drive, S. W., have no objection to permanently vacating, discontinuing and
closing an abandoned roadway located adjacent to 901 Oakwood Drive, S. W.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Enclosure
pc:
The Honorable Mayor and Members of the Roanoke City Council
Ms. Sharon K. Burnham and Mr. Joseph W. H. Mott, 901 Oakwood Drive, S. W.,
Roanoke, Virginia 24015
Dr. and Mrs. Richard Newton, 915 Oakwood Ddve, S. W., Roanoke, Virginia 24015
John R. Marlles, Chief, Planning and Community Development
Martha P. Franklin, Secretary, City Planning Commission
Ronald H. Miller, Building Commissioner
Steven J. Talevi, Assistant City Attorney
H:~REZONING.g~BURNHAM.WPD
RECEi'~E~
CITY L'L-''-- Y' ~'~- '~ ' ;':;
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
'98 FEB 12 P12:41
IN RE:
Application of Sharon K. Burnham and
Joseph W.H. Mott for vacation of.
abandoned roadway located adjacent to
Oakwood Drive
SUPPLEMENTAL STATEMENT
MEMBERS OF COUNCIL:
Sharon K. Burnham and Joseph W.H. Mott submit this supplemental
statement to inform the council that we have discussed this application with Dr.
and Mrs. Richard Newton, owners of Tax Map No. 1 26011 8, 91 50akwood Drive,
S.W., which property adjoins Parcel 1. Dr. Newton has represented to us that he
and his wife do not object to our application. He further stated that he and his wife
are interested in the disposition of the property adjoining their lot, if this application
is successful.
Respectfully submitted,
~a~urnha~
J~eph/~V.H. Mott
,~.,
CITY
COMMISSION ' ~'
TO ~OM IT ~Y CONCE~:
The Roanoke City Piing Co~ssion ~11 hold a public he~ng on Wednesday, March
4, 1998, 1:30 p.m. or as soon as the matter may be heard, in the CiW Council Chamber, fou~h
floor, Mu~dpal Building, 215 Church Avenue, S.W., in order to consider the follo~ng:
Request ~om Sh~on K. Bu~am and Joseph W. H. Mo~ that ~o p~cels of land on
Oa~ood Drive, S.W., adjacent to prope~ bearing O~cial T~ No. 1260321; parcel 1
being more specifically described as an ~ea ofappro~mately .06 acre parcel sho~ on the
Ciw's O~cial Appraisal Maps as an un-named public right-of-way; and parcel 2 being
more specifically described ~ a .04 acre parcel, as ~tended for conveyance to the Ciw of
Roanoke for par~ay or street pu~oses, in Deed Book 701, page 190, be pe~anently
vacated, discominued ~d closed.
A copy of said application is available for renew in the Depa~ment of Pla~ng and
Co~u~W Development, Room 162, Mu~cipal Building.
M1 panics ~ interest and citizens may appear on the above date and be heard on the
matter.
Martha P. Franklin, Secretary
Roanoke City Plannin$ Commission
Please print in newspaper on Tuesday, February 17 and 24, 1998
Please bill and send affidavit of publication to:
Department of Planning and Community Development
Room 162, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011 (540) 853-1230 (fax)
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
February 6, 1998
File #514
SANDRA H. EAKIN
Deputy City Clerk
Gilbert E. Butler, Jr., Chair
City Planning Commission
3406 Exeter Street, S. W.
Roanoke, Virginia 24014
Dear Mr. Butler:
Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees
therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of
an application from Sharon K. Burnham and Joseph W. H. Mott, requesting that an
abandoned roadway located adjacent to 901 Oakwood Drive, S. W., be permanently
vacated, discontinued and closed.
Sincerely,
Mary F. Parker, CMGIAAE
City Clerk
MFP:Io
Enclosure
pc;
The Honorable Mayor and Members of the Roanoke City Council
Ms. Sharon K. Burnham and Mr. Joseph W. H. Mott, 901 Oakwood Drive, S. W.,
Roanoke, Virginia 24015
John R. Marlles, Chief, Planning and Community Development
Martha P. Franklin, Secretary, City Planning Commission
Ronald H. Miller, Building Commissioner
Steven J. Talevi, Assistant City Attorney
H:~EZONING.98~BURNHAM.WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
'98 FEB-5
IN RE:
Application of Sharon K. Burnham and
Joseph W.H. Mort for vacation of
abandoned roadway located adjacent to
Oakwood Drive
APPLICATION FOR VACATING,
DISCONTINUING AND
CLOSING OF ABANDONED
ROADWAY LOCATED
ADJACENT TO OAKWOOD
DRIVE; LIST OF PROPERTY
OWNERS AFFECTED;
EXHIBITS 1 - 5
MEMBERS OF COUNCIL:
Sharon K. Burnham and Joseph W.H. Mott apply to have an abandoned
roadway located adjacent to Oakwood Drive, S.W., in the City of Roanoke, Virginia,
permanently vacated, discontinued and closed, pursuant to Virginia Code Section
15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended.
This abandoned roadway consists of two parcels, as shown on Exhibit 1, the map
of Oak Hill Subdivision recorded at Plat Book 2, page 78 ("plat map"). The parcels
adjoin each other, but since each parcel has a different history, they are described
separately, as follows:
Parcel I is an area of approximately .06 acre, which appears to have
been laid out as an unnamed street on the plat map. Based upon our reading of the
plat map, Parcel 1 appears to have the following description:
Beginning at a point on the southeast corner of Oakwood Drive and a
40-foot wide connecting street, as shown on the plat map; thence
with the south line of said 40-foot unnamed street S. 75° 42' E. 54.6
feet to a point on the outside boundary line of the Oak Hill Subdivision;
thence with the line of same N. 13° 50' E. 40.0 feet to the north line
of said 40-foot unnamed street; thence with the line of the same S.
75° 42' W. 86.4 feet; thence S. 24° 27' E. 51.3 feet to the beginning.
Parcel 2 is an area of approximately .04 acre, which was conveyed by
deed to the City of Roanoke for parkway or street purposes, recorded at Deed Book
701, Page 190, and is shown on the plat map. The deed of conveyance is
attached as Exhibit 2-A, and a transcription is attached as Exhibit 2-B. Based upon
this deed, Parcel 2 has the following description:
BEGINNING at a point on the southeast corner of Oakwood Drive and
a 40-foot wide connecting street, as shown on the Map of Oak Hill
Subdivision recorded at Plat Book 2, page 78, in the Clerk's Office of
the Circuit Court for Roanoke County, thence with the south line of
said 40-foot unnamed street S. 75° 42' E. §4.6 feet to a point on the
outside boundary line of the Oak Hill Subdivision; thence with the line
of same S. 13° 50' W. 46.0 feet to a point on the north line of a 60-
foot wide reserved street, (said point being N.13° 50' E. 76.4 feet
from the iron pipe on the east side of a chestnut oak) as shown on
above-mentioned map; thence with the north line of said reserved
street S. 65° 37' W. 14.1 feet to a point on the east line of Oak Hill
Drive; thence with same N. 24° 27' W. 70.3 feet to the place of
BEGINNING.
Sharon K. Burnham and Joseph W.H. Mott state that the grounds for this
application are as follows:
1. We are the owners of property located at Tax Map No. 1260321,
901 Oakwood Drive, S.W., which adjoins the eastern boundary of the original Oak
Hill Subdivision and the property to be vacated, as shown on Exhibit 3, the current
Zoning Map, Sheet No. 126. The previous owner obtained Street Opening Permit
No. 960717-1090, which allowed the driveway for our property to cross over the
property to be vacated and connect with Oakwood Drive, as shown on Exhibit 4, a
survey completed July 19, 1996.
2
2. The property to be vacated appears to be essentially abandoned for
any roadway, parkway, or street purposes. The area is unkempt and overgrown
with trees and bushes, as shown in the photographs attached as Exhibit 5, which is
inconsistent with the general appearance of the neighborhood. A utility pole was
placed within the boundaries of Parcel 1, as shown on Exhibit 4.
3. The applicants desire to maintain and improve the property to be
vacated through appropriate landscaping and upkeep.
4. The applicants have contacted Dr. and Mrs. Richard Newton,
owners of Tax Map No. 1260118, 915 Oakwood Drive, S.W., to discuss this
application, since their property adjoins Parcel 1. (The applicants do not believe,
based upon the plat map and the zoning map, that any other property owners are
affected.) We have not been able to meet with Dr. and Mrs. Newton because of
conflicting schedules. We have no reason to believe they will object to the
proposed application, but we will submit a supplemental statement setting forth
their position once we have met with them.
WHEREFORE, Sharon K. Burnham and Joseph W.H. Mott respectfully request
that Parcel 1 and Parcel 2, the above described abandoned roadway located
adjacent to 901 Oakwood Drive, S.W., in the City of Roanoke, Virginia, be
3
permanently vacated, discontinued and closed, pursuant to Virginia Code Section
15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended.
Respectfully submitted,
~haron K. Burr{ham
Jo~epl~W.H. I~ott ....
901 Oakwood Dr., S.W.
Roanoke, VA 24015
857-2907
4
LIST OF PROPERTY OWNERS AFFECTED
Richard M. Newton
Jane S. Newton
915 Oakwood Drive, S.W.
Roanoke, VA 24015
Tax Map No. 1260118
Sharon K. Burnham
Joseph W.H. Mott
901 Oakwood Dr., S.W.
Roanoke, VA 24015
Tax Map No. 1260321
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
May 8, 1998
File #514
SANDRA H. EAKIN
Deputy City Clerk
Mr. Kyle D. Austin
Mattern & Craig, Inc.
701 First Street, S. W.
Roanoke, Virginia 24016
Dear Mr. Austin:
I am enclosing copy of Ordinance No. 33796-050498 pmmnently vacauing discontinuing and closing
all of 10~A Street, S. W., and a 10 foot alley lying parallel thereto. The abovereferenced measure was
adopted by the Council of the City of Roanoke on first reading on Monday, April 20, 1998, also
adopted by the Council on second reading on Monday, May 4, 1998, and will be in full force and
effect ten days following the date of its second reading.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
Habitat for Humanity in the Roanoke Valley, Inc., 1701 Cleveland Avenue, S. W., Roanoke,
Virginia 24016
Roanoke Consortium, 1306 Salem Avenue, S. W., Roanoke, Virginia 24016
Norfolk Southern Railway, 110 Franklin Koad, S. W., Roanoke, Virginia 24016
Ms. Madeline Daniels, 1013 Norfolk Avenue, S. W., Roanoke, Virginia 24016
Ms. Rosa Singleton, First Nationwide Mortgage, 5280 Corporate Drive-Tax Department,
Frederick, Maryland 21701
Ms. Flora Craft, 1011 Norfolk Avenue, S. W., Roanoke, Virginia 24016
H:'d~3ENDA,g~MAY4.~41:~
Mr. Kyle D. Austin
May 8, 1998
Page 2
pc:
Evelyn S. Lander, Acting Chief, Planning and Community Development
Martha P. Franklin, Secretary, City Planning Commission
Charles M. Hoffine, City Engineer
Ronald H. Miller, Building Commissioner
Steven J. Talevi, Assistant City Attorney
H:'~)~NO,4~MAY4.WI~)
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of May, 1998.
No. 33796-050498.
AN ORDINANCE permanently vacating, discontinuing and closing
certain public right-of-way in the City of Roanoke, Virginia, as
are more particularly described hereinafter.
WHEREAS, Habitat for Humanity in the Roanoke Valley, Inc.
filed an application to the Council of the City of Roanoke,
Virginia, in accordance with law, requesting the Council to
permanently vacate, discontinue and close the public right-of-way
described hereinafter; and
WHEREAS, the City Planning Commission, after giving proper
notice to all concerned as required by §30-14, Code of the City of
Roanoke (1979), as amended, and after having conducted a public
hearing on the matter, has made its recommendation to Council; and
WHEREAS, a public hearing was held on said application by the
City Council on April 20, 1998, after due and timely notice thereof
as required by §30-14, Code of the City of Roanoke (1979), as
amended, at which hearing all parties in interest and citizens were
afforded an opportunity to be heard on said application; and
WHEREAS, it appearing from the foregoing that the land
proprietors-affected by the requested closing of the subject public
right-of-way'~ve been properly notified; and
WHEREAS, from all of the foregoing, the Council considers that
no inconvenience will result to any individual or to the public
from permanently vacating, discontinuing and closing said public
right-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke, Virginia, that the public right-of-way situate in the City
of Roanoke, Virginia, and more particularly described as follows:
All of 10 1/2 Street, S.W., and a 10 foot alley lying
parallel to same,
be, and are hereby permanently vacated, discontinued and closed,
and that all right and interest of the public in and to the same
be, and hereby is, released insofar as the Council of the City of
Roanoke is empowered so to do with respect to the closed portion of
the right-of-way, reserving however, to the City of Roanoke and any
utility company, including, specifically, without limitation,
providers to or for the public of cable television, electricity,
natural gas or telephone service, an easement for sewer and water
mains, television cable, electric wires, gas lines, telephone
lines, and related facilities that may now be located in or across
said public right-of-way, together with the right of ingress and
egress for the maintenance or replacement of such lines, mains or
utilities, such right to include the right to remove, without the
payment of compensation or damages of any kind to the owner, any
landscaping, fences, shrubbery, structure or any other
encroachments on or over the easement which impede access for
maintenance or replacement purposes at the time such work is
undertaken; such easement or easements to terminate upon the later
abandonment of use or permanent removal from the above-described
public right-of-way of any such municipal installation or other
utility or facility by the owner thereof.
2
BE IT FURTHER ORDAINED that the applicant shall submit to the
Subdivision Agent, receive all required approvals of, and record
with the Clerk of the Circuit Court for the City of Roanoke, a
subdivision plat, with said plat combining all properties which
would otherwise be landlocked by the requested closure, or
otherwise disposing of the land within the right-of-way to be
vacated in a manner consistent with law, and retaining appropriate
easements, together with the right of ingress and egress over the
same, for the installation and maintenance of any and all existing
utilities that may be located within the right-of-way.
BE IT FURTHER ORDAINED that the applicant shall, upon meeting
all other conditions to the granting of the application, deliver to
the Clerk of the Circuit Court of the City of Roanoke, Virginia, a
certified copy of this ordinance for recordation where deeds are
recorded in said Clerk's Office, indexing the same in the name of
the City of Roanoke, Virginia, as Grantor, and in the name of the
Petitioner, and the names of any other parties in interest who may
so request, as Grantees, and pay such fees and charges as are
required by the Clerk to effect such recordation.
BE IT FURTHER ORDAINED that the applicant shall, upon a
certified copy of this ordinance being recorded by the Clerk of the
Circuit Court of the City of Roanoke, Virginia, where deeds are
recorded in said Clerk's Office, file with the City Engineer for
the City of Roanoke, Virginia, the Clerk's receipt, demonstrating
that such recordation has occurred.
3
BE IT FINALLY ORDAINED that if the above conditions have not
been met within a period of six (6) months from the date of the
adoption of this ordinance, then said ordinance shall be null and
void with no further action by City Council being necessary.
ATTEST:
City Clerk.
I I:\(.~ R D-('I ,{JW,U-I IAI'lIT. I A 4
l~n~ giL~ Pl,.an?ng Gommission
April 20, 1998
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of the City Council:
Subject:
Amended application from Habitat for Humanity in the Roanoke Valley,
Inc., requesting that the City permanently vacate, discontinue and close
10 V2 Street, S.W., and a 10 foot wide alleyway lying parallel to same.
I. Background:
Habitat for Humanity in the Roanoke Valley, Inc., is a humanitarian organization
dedicated to providing home ownership for persons with low to moderate
incomes.
Bo
Organization has previously submitted to the City and the City has tentatively
approved a preliminary plan for a planned community development to be located
on the southerly side of Jackson Avenue, S.W., and bounded by l0th Street, S.W.
to the east and 12th Street, S.W., to the west (see attached plan).
Development plan proposes to redesign and relocate the alignment of public street
access within the area of this planned community development.
Do
Relocation of public street access is necessary to accommodate the proposed
number of residential dwellings to be constructed within the proposed community
development project area.
E°
Street realignment and relocation will require the closure and permanent vacation
of an undeveloped section of 10 ½ Street and one section of an undeveloped alley
that are located within the boundaries of the proposed development project.
II. Current Situation:
A°
Amended Application is a request for the City to permanently vacate, discontinue
and close an undeveloped section of 10 ½ Street and a 10' wide alley as the same
are located within the boundaries of the project area.
B°
Applicant's original application included a request to close and vacate a portion of
11th Street, S.W. A number of issues related to the closure and vacation of 11th
Street, however, could not be resolved in the course of the public hearing before
Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344
Members of the City Council
Page 2
the Planning Commission, at its regular meeting of March 4, 1998. Applicant
decided to amend the application to close and vacate 10 ~/2 Street and the alley,
and to re-file at a later date a separate application to close and vacate the subject
11 th Street, S. W.
Streets and alley areas as requested for vacation are defined and described by
metes and bounds within the application as prepared by a certificated professional
licensed surveyor (Mattem and Craig).
Do
Habitat's planned community development, referred to as "Hubbell-Wyatt Court",
proposes the construction of approximately 27 residential dwellings. The
construction is to be carded out in three separate phases. Construction of phase 1
began some months ago and is currently at a point of near completion.
III. Issues:
A. Neighborhood impact.
B. Traffic impact.
C. Utilities within the public right-of-way.
D. Creation of a dead-end street.
E. Land use.
F. Relationship to the comprehensive plan.
IV. Alternatives:
Approve the applicant's request to permanently vacate, discontinue and close the
described sections of 10 ½ Street, S.W., and a 10' wide alley as the same are
defined by survey in the attached application, subject to certain conditions as
outlined in Part V. of this report.
Neighborhood impact. New residential housing in this area will have a
positive impact on the surrounding neighborhood.
Traffic impact. Vacation of the undeveloped 10 ½ Street and the
undeveloped alley will have no effect on traffic or traffic needs in the area.
3. Utilities within the public right-of-way.
a. City has utilities within the right-of-way of 10 ½ Street.
Members of the City Council
Page 3
Creation of a dead-end street or alley. Closure and vacation would not
result in a dead-end street or alley being created.
5. Land use:
Habitat proposes a resubdivision of lands within the development
project area and a redistribution of lands from within the street and
alley as proposed for vacation.
bo
Subdivision plat will be required for the proposed resubdivision
and for the purpose of retaining all essential and appropriate public
easements.
o
Relationship to the comprehensive plan. Request is consistent with the
intent of the City's comprehensive plan that available land should be used
in the most appropriate manner.
Deny the applicant's request to permanently vacate and close the described 10 ½
Street, S.W., and the subject alley.
Neighborhood impact. Denial of the request would reduce the overall
number of building sites within the development project area.
2. Traffic impact would not be an issue.
3. Utilities within the public right-of-way would not be an issue.
4. Creation of a dead-end street would not be an issue.
Land use. Maximum use of available land for building sites will not be
realized.
Relationship to the comprehensive plan. Denial would be inconsistent
with the intent of the comprehensive plan in that available land should be
used in the most appropriate manner.
V. Recommendation:
Planning Commission, by a vote of 4-0 (Messrs. Dowe, Hill and Manetta absent),
recommends that City Council approve alternative "A" thereby approving the applicant's
request to permanently vacate, discontinue and close the described sections of 10 ½
Street, S.W., and a 10' wide alley as the same are defined by survey in the attached
application, subject to the following conditions:
Members of the City Council
Page 4
mo
The applicant shall submit to the Agent for the Planning Commission, receive all
required approvals of, and record with the Clerk of the Circuit Court for the City of
Roanoke, a subdivision plat, with said plat combining all properties which would
otherwise be landlocked by the requested closure, or otherwise disposing of the land
within the right-of-way to be vacated in a manner consistent with law, and retaining
appropriate easements, together with the right of public passage over the same, for
the installation and maintenance of any and all existing utilities that may be located
within the right-of-way.
Bo
The applicant shall, upon meeting all other conditions to the granting of the
application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia,
a certified copy of this ordinance for recordation in the Deed Books of said Clerk's
Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor,
and in the name of the Petitioner, and the names of any other parties in interest who
may so request, as Grantees, and pay such fees and charges as are required by the
Clerk to effect such recordation.
Co
The applicant shall, upon a certified copy of this ordinance being recorded by the
Clerk of the Circuit Court of the City of Roanoke, Virginia, in the Deed Books of
said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the
Clerk's receipt, demonstrating that such recordation has occurred.
Do
The City Engineer shall, upon receiving the afore-mentioned Clerk's receipt, mark
"permanently vacated" on said public right-of-way on all maps and plats on file in
his office on which said right-of-way is shown, referring to the book and page of
ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein
this ordinance shall be spread.
mo
If the above conditions have not been met within a period of six months from the
date of the adoption of this ordinance, then said ordinance shall be null and void with
no further action by City Council being necessary
Respectfully submitted,
Gilbert E. Butler, Jr., Chairman
Roanoke City Planning Commission
ERT:mpf
attachments
cc: Assistant City Attorney
Petitioner's agent
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
Amended Application of Habitat for
Humanity in the Roanoke Valley, Inc. for
vacation 10~'~ Street, S.W.,
and a 10 foot alley
APPLICATION FOR VACATING,
DISCONTINUING AND CLOSING
10~ATM STREET, S.W., AND A
10 FOOT ALLEY
MEMBERS OF COUNCIL:
Habitat for Humanity in the Roanoke Valley, Inc., applies to have 10~'s Street, S.W., and a
10 foot alley, in the City o~' Roanoke, Virginia, permanently vacated, discontinued and closed,
pursuant to Virginia Code ,Section 15.1-364 and Section 30-I4, Code of the City of Roanoke (1979),
as amended. This street and alley are more particularly shown on the map attached and as follows:
10tA~' Street, S.W.
Described herein is a 15 foot street Right-of-Way being all 10tAa' Street, S.W. located between
.lackson Avenue S.W.and a 15 foot alley running between 10lA and 11'~ Street, S.W. and being more
particularly described as follows:
Beginning at a point at the westerly intersection of Sackson Avenue and 10',~~ Street,
Thence: crossing 10l/i°' Street with the Right-of-Way line of Sackson Avenue, S69°59'47"E 15.00 feet
to a point on the easterly intersection of Jackson Avenue and 10~/:'~ Street, Thence; with the eastern
Right-of-Way line of 10'Au' Street, SI9°55'00"W 213.27 feet to a point, Thence; across 10'A* Street
N79° I Y20"W 15.19 feet to a point on the western Right-of-Way of said street, Thence; with the same
N19°55'00'E 215.71 feet To the Point of Beginning of this description containing 0.074 acres more or
less.
10 Foot Alley
Secondly, described herein is a 10 foot alley to be vacated, located between 101/:~ Street,
S.W. and 11* Street, S.W., and between Jackson Avenue, S.W., and a 15 foot alley running between
10lA and 11h Streets, S.W., and being more particularly described as follows:
Beginning at the northwest comer of said 10 foot alley.
Thence; S69°$9'47"E 10.00 feet to a point, S19°$5'00"W 86.30 feet to a point, N79°IY20"W 10.13
feet to a point, NI9°55'00"E 87.92 feet to the Point of Beginning of this description and containing
0.020 acres more or less.
Habitat for Humanity in the Roanoke Valley, Inc. states that the grounds for this application is
as follows, development and revitalization with a Planned Community Development to provide home
ownership for persons with low to moderate incomes.
KAPML\1567-AMEN.APP
WHEREFORE, Humanity in the Roanoke Valley, Inc. respectfully requests that the above
described streets and alley,, be vacated by the Council of the City of Roanoke, Virginia, in accordance
with Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as
amended.
Respectfully submitted,
For
Habitat for Humanity in the Roanoke Valley, Inc.
By: Mattem & Craig, Incorporated
Austin Date
K:\PMLX 1567-AMF:sN.APP
NORFOLK SOUTHi:RH RAILWAY
JACKSON AV£. S.W.
PHASE II ~
PHASE II
PHASE III
$0'
-Pi
!
I
1
I
%
~ t
I
RIGHT-OF-WAY 1'O BE VACATED
Nil
HUBBELL-WYATT COURT
HABITAT rol~ HUIdANITY IN THE ROANOKE: VALLEY.
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
March 30, 1998
File #51
SANDRA H. EAKIN
Deputy City Clerk
Mr. Kyle D. Austin
Mattern & Craig, Inc.,
701 First Street, S. W.,
Roanoke, Virginia 24016
Dear Mr. Austin:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of'the City of'Roanoke on
Monday, April 6, 1981, I have advertised a public heating for Monday, April 20, 1998, at 7:00 p.m.,
or as soon thereafter as the matter may be heard, on your request that all of 10 ~ Street, S. W., and
a 10 foot alley lying parallel thereto be permanently vacated, discontinued and closed.
For your information, I am enclosi~ copy of a notice of the public hearing, an Ordinance and a report
of the City Planning Commission with regard to the matter. Please review the documents and if you
have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 853-2431. Questions
with regard to the City Planning Commission report should be directed to John R. Mariles, Chief of
Planning and Community Development, at 853-2344.
It will be necessary for you, or your representative, to be present at the April 20 public
hearing. Failure to appear could result in a deferral of the matter until a later date.
Sincerely, ]~~
Mary F. Parker, CMC/AAE
City Clerk
Enclosure
H :~,REZONIN~. g~HABITAT.Wl:~ "
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
April 1, 1998
File #51
SANDRA H. EAKIN
Deputy City Clerk
Mr. Kyle D. Austin
Mattern & Craig, Inc.,
701 First Street, S. W.,
Roanoke, Virginia 24016
Pursmmt to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on
Monday, April 6, 1981, I have advertised a public hearing for Monday, April 20, 1998, at 7:00 p.m.,
or as soon ther~er as the matter may be heard, on your request that all of 10~A Street, S. W., and
a 10 foot alley lying parallel thereto be permanently vacated, discontinued and closed.
The City Planning Commission has recommended approval of the request, subject to the following
condition:
The applicant shall submit to the Agent for the City Planning Commission, receive all required
approvals thereot~ and record with the Clerk of the Circuit Court for the City of Roanoke, a
subdivision plat, said plat combining all properties which would otherwise be landlocked by
the requested closure, Or otherwise disposing of the land within the fight-of-way to be
vacated in a manner consistent with law, and retaining appropriate easements, together with
the right of public passage over same, for installation and maintenance of any and all existing
utilities that may be located within the right-of-way.
ffyou have questions with regard to the matter, please contact John R. Marlles, Chief of Planning and
Community Development, at 853-2344.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
April 1, 1998
Page 2
NIFP:Io
pc:
Habitat for Humanity in the Roanoke Valley, Inc., 1701 Cleveland Avenue, S. W., Roanoke,
Virginia 24016
Roanoke Consortium, 1306 Salem Avenue, S. W., Roanoke, Virginia 24016
Norfolk Southern Railway, 110 Franklin Road, S. W., Roanoke, Virginia 24016
Ms. Madeline Daniels, 1013 Norfolk Avenue, S. W., Roanoke, Virginia 24016
Ms. Rosa Singleton, First Nationwide Mortgage, 5280 Corporate Drive-Tax Department,
Frederick, Maryland 21701
Ms. Flora Craft, 1011 Norfolk Avenue, S. W., Roanoke, Vh'glnia 24016
H:~REZONINO.O~HABrrAT.WF~ ,
The Roanoke Times
Ad Number: 756330
Publisher's Fee: $108.80
MATTERN & CRAIG, INC.
701 FIRST ST., SW
ROANOKE, VA 24016
STATE of VIRGINIA
CITY of ROANOKE
AFFIDAVIT of PUBLICATION
I, (the undersigned) an authorized
representative of the Times-World Cor-
poration, which corporation is publisher
of The Roanoke Times, 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:
04/02/98 FULL RUN - Thursday
04/09/98 FULL RUN - Thursday
Witness, this 16thday of April 1998
Authorized Signature
NOTICE OP PUBUC HEARING
The Council of the City of
Roanoke will hold a 'Public
1998, at 7:00 p.m., or as soon
thereafter as the matter may
be. heard, in the Council Cham-
be~:; in the ~ueicipal Buildln~
21E'~Church Avenue, S.W., on
an M~ptineUon to~ permanently
abandon,, var. ate, di~continue
and clo~e, to the extent the
CIt~ has any legal interest in
said publl~.ri&~t*of-way, the roi*
towin~ public rift-of-way:
All of 10~ S~reet, S,W., and
10 foot alley I~ parallel to
A copy of this proposal is
able for public inspection in,the
Ofllce of the Git~ Clerk, Room
456, Municipal Building. All
pe~e~ in interest may aPlxmr
on the ,ebeve date and be
heard o. the question.
GIVEN under my hand this 2nd
Ma~ F. Perk, Cit~ Gterk
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Hearing
on Monday, April 20, 1998, at 7:00 p.m., or as soon thereafter as
the matter may be heard, in the Council Chamber in the Municipal
Building, 215 Church Avenue, S.W., on an application to permanently
abandon, vacate, discontinue and close, to the extent the City has
any legal interest in said public right-of-way, the following
public right-of-way:
All of 10 1/2 Street, S.W., and a 10 foot alley lying
parallel to same.
A copy of this proposal is available for public inspection in
the Office of the City Clerk, Room 456, Municipal Building. All
parties in interest may appear on the above date and be heard on
the question.
GIVEN under my hand this 2nd day of April , 1998.
Mary F. Parker, City Clerk.
H:\NOTICEXNA~HABIT
NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The Roanoke City Planning Commission will hold a public hearing on Wednesday, April
1, 1998, 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber, fourth
floor, Municipal Building, 215 Church Avenue, S.W., in order to consider the following:
Request from Habitat for Humanity in the Roanoke Valley, Inc., represented by Kyle D.
Austin, agent, that 11th Street, S.W., running in a northerly direction from Jackson
Avenue, S.W., for approximately 264', more or less, to its intersection with an existing
15' alley, be permanently vacated, discontinued and closed.
A copy of said application is available for review in the Department of Planning and
Community Development, Room 162, Municipal Building.
All parties in interest and citizens may appear on the above date and be heard on the
matter.
Martha P. Franklin, Secretary
Roanoke City Planning Commission
Please print in newspaper on Tuesday, March 17 and 24, 1998
Please bill:
Mattern and Craig
701 1st Street, S.W.
Roanoke, VA 24016
(540) 345-9342
Send affidavit of publication to:
Department of Planning and Community Development
Room 162, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011 (540) 853-1230 (fax)
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
March 11, 1998
File #514
SANDRA H. EAKIN
Deputy City Clerk
Gilbert E. Butler, Jr., Chair
City Planning Commission
3406 Exeter Street, S. W.
Roanoke, Virginia 24014
Dear Mr. Butler:
Pursuant to Section 30-40, Procedure for altering or vacating City streets or alleys; fees
therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of
an amendment to the application of Habitat for Humanity in the Roanoke Valley, Inc., that
10 ½ Street, S. W., and a 10 foot alley between 10 % Street, 11th Street and Jackson
Avenue, and a 15 foot alley running between 10 ½ and 11th Streets, S. W., be
permanently vacated, discontinued and closed.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Attachment
pc:
The Honorable Mayor and Members of the Roanoke City Council
Mr. Kyle D. Austin, Mattern & Craig, Inc., 701 First Street, S. W., Roanoke, Virginia
24016
Habitat for Humanity in the Roanoke Valley, Inc., 1701 Cleveland Avenue, S. W.,
Roanoke, Virginia 24016
John R. Marlles, Chief, Planning and Community Development
Martha P. Franklin, Secretary, City Planning Commission
Ronald H. Miller, Building Commissioner
H:~R EZONING ~J'IABITAT.WPO
IN RE:
f,:ITY :;~'i !i~ :
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
)
)
Amended Application of Habitat for ) APPLICATION FOR VACATING,
Hum~ity in ~e Ro~oke Valley, Inc. for ) DISCONTINUING AND CLOSING
vacation 10lA~ Street, S.W., ) 10~ATM STREET, S.W., AND A
~d a 10 foot alley ) 10 FOOT ALLEY
MEMBERS OF COUNCIL:
Habitat for Humanity in the Roanoke Valley, Inc., applies to have 101/2~ Street, S.W., and a
10 foot alley, in the City of Roanoke, Virginia, permanently vacated, discontinued and closed,
pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979),
as amended. This street and alley are more particularly shown on the map attached and as follows:
10V2°~ Street, S.W.
Described herein is a 15 foot street Right-of-Way being all 10~,5~ Street, S.W. located between
Jackson Avenue S.W.and a 15 foot alley running between 101,5 and 112 Street, S.W. and being more
particularly described as follows:
Beginning at a point at the westerly intersection of Jackson Avenue and 101,~~ Street,
Thence; crossing 101/2a' Street with the Right-of-Way line of Jackson Avenue, S69°59'47"E 15.00 feet
to a point on the easterly intersection of Jackson Avenue and 101/2a' Street, Thence; with the eastern
Right-of-Way line of 101/2~ Street, S19°55'00"W 213.27 feet to a point, Thence; across 101/2~ Street
N79° 13'20"W 15.19 feet to a point on the western Right-of-Way of said street, Thence; with the same
N19°55'00"E 215.71 feet to the Point of Beginning of this description containing 0.074 acres more or
less.
10 Foot Alley
Secondly, described herein is a 10 foot alley to be vacated, located between 101/2m Street,
S.W. and 11th Street, S.W., and between Jackson Avenue, S.W., and a 15 foot alley running between
101/~ and 11th Streets, S.W., and being more particularly described as follows:
Beginning at the northwest corner of said 10 foot alley.
Thence; S69°59'47"E 10.00 feet to a point, S19°55'00"W 86.30 feet to a point, N79°13'20"W 10.13
feet to a point, N19°55'00"E 87.92 feet to the Point of Beginning of this description and containing
0.020 acres more or less.
Habitat for Humanity in the Roanoke Valley, Inc. states that the grounds for this application is
as follows, development and revitalization with a Planned Community Development to provide home
ownership for persons with low to moderate incomes.
K:\PML\1567-AMEN.APP
WHEREFORE, Humanity in the Roanoke Valley, Inc. respectfully requests that the above
described streets and alley, be vacated by the Council of the City of Roanoke, Virginia, in accordance
with Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as
amended.
Respectfully submitted,
For
Habitat for Humanity in the Roanoke Valley, Inc.
By: Mattem & Craig, Incorporated
Austin Date
K:\PML\1567-AMEN.APP
lOTH STREET S.W. (50' R/W)
1110133
,.;
1TH . ' W
X 1 STREE~
12TH STREET S.W. (50' R/W)
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRG:I~I~ ¥ E ~ f.;IT Y Cf.. ~
PERTAINING TO THE STREET AND ALLEY CLOSURE REQUEST OF:
'98 FEB 23 A9:28
Habitat for Humanity in the Roanoke V~ey, Inc., for pt. 11a Street
10 ½ Street, and 10' wide alleyway in the southwest quadrant of
the City
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
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 Section 15.2-2204, 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 day of February, 1998, notices ora public hearing to be held on
the 4th day of March, 1998, on the rezoning captioned above to the owner or agent of the parcels
listed below at their last known address:
Parcel Owner's Name Mailing Address
1110101 Applicant
1110103- Applicant
1110110
1110115- Applicant
1110118
1110127- Applicant
1110130
1110111
1110112
1110131
Roanoke Consortium
1306 Salem Avenue, SW
Roanoke, VA 24016
1110119
Madeline Daniels
1013 Norfolk Avenue, SW
Roanoke, VA 24016
1110120-
1110121
Mary Singleton
1015 Norfolk Avenue, SW
Roanoke, VA 24016
1211402 Perry Park
Parks and Rec
2 tracts along Jackson owned by Norfolk Southern
Martha Pace Franklin
110 Franklin Road
Roanoke, VA 24016
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia,
199g.
t.his 23rd day of February,
RECEIVED
CITY CLE~:i,-S 0F-F!_',~iL]
NOTICF~ OF PUBLIC HEARING BEFORE THE RO~O~ CITY PLUG
CO~SSION '98 B13 P5:13
TO ~ON IT AY CONC~:
The Roanoke Ci~ Pining Co~ssion ~11 hold a public h~fing on Wednesday, M~ch
4, 1998, 1:30 p.m. or as soon as the matter may be heard, in the Ci~ Council Chamber, fourth
floor, Mu~cipal Buildhg, 215 Church Avenue, S.W., in order to co~ider the follo~ng:
Request from Habitat for Hum~ty in the Ro~oke V~ley, he., represented by Maxem
and Craig, agem, that a portion of 11~ Street, S.W. ~d 10% Street, S.W., both streets
m~ng in a north-south dire~ion from Jackson Avenue, S.W., to an e~sting 15' ~le~ay;
and a 10' wide alle~ay l~ng between properties b~g O~cial T~ Nos. 1110103
t~ou~ 1110111, inclusive, be pe~anently vacated, disconthued and closed.
A copy of said app~cation is available for renew in the Dep~ment ofPla~ng ~d
Co~u~W Development, Room 162, Mu~cipai Building.
~1 panics in interest and citkens may appe~ on the above date and be he~d on the
matter.
Martha P. Franklin, Secretary
Roanoke City Planning Commission
Please print in newspaper on Tuesday, February 17 and 24, 1998
Please bill:
Mattern and Craig
701 l't Street, SW
Roanoke, VA 24016
345-9352
Please send affidavit to:
Department of Planning and Community Development
Room 162, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011 (540) 853-1230 (fax)
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
February 6, 1998
File #514
SANDRA H. EAKIN
Deputy City Clerk
Gilbert E. Butler, Jr., Chair
City Planning Commission
3406 Exeter Street, S. W.
Roanoke, Virginia 24014
Dear Mr. Butler:
Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees
therefor, of The Code of the City of Roanoke (1979), as amended, I am enclosing copy of
an application from Kyle D. Austin, representing Habitat for Humanity in the Roanoke
Valley, Inc., requesting that a portion of 11th Street, S. W., 10 % Street, S. W., a 10 foot
alley and a 15 foot alley running between 10 'A and 11th Streets, S. W., be permanently
vacated, discontinued and closed.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
pc:
The Honorable Mayor and Members of the Roanoke City Council
Mr. Kyle D. Austin, Mattern & Craig, Inc., 701 1st Street, S. W., Roanoke, Virginia
24016
Habitat for Humanity in the Roanoke Valley, Inc., 1701 Cleveland Avenue, S. W.,
Roanoke, Virginia 24016
John R. Marlles, Chief, Planning and Community Development
Martha P. Franklin, Secretary, City Planning Commission
Ronald H. Miller, Building Commissioner
Steven J. Talevi, Assistant City Attorney
H:&.~ EZONINO. 9~HABITAT.W PD