HomeMy WebLinkAboutCouncil Actions 04-20-98WHITE
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ROANOKE CITY CO UNCIL
REGULAR SESSION
April 20, 1998
12:15p. m.
CITY CO UNCIL CHAMBER
AGENDA FOR THE COUNCIL
Call to Order-- Roll Call. All Present.
A briefing with regard to the
(15 minutes)
Received and fded.
File #22
Roanoke City Health
Department.
Bo
A briefing with regard to the proposed fiscal year 1998-99 Annual Update
to HUD's Consolidated Plan. (10 minutes)
Received and ~ed.
File #60-178-236
Recess until 2:00 p.m.
2
ROANOKE CITY CO UNCIL
REGULAR SESSION
April 20, 1998
2:00p. m.
CITY CO UNCIL CHAMBER
AGENDA FOR THE COUNCIL
Call to Order-- Roll Call. All Present.
Zhe Invoca~on was deUvered by The Reverend Paul G. Gunsten, Pastor,
St. Philips Lutheran Church.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor David A. Bowers.
Welcome. 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, April 23, 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;;
A Proclamation declaring April 20, 1998, as John R. Marlles Day.
File #3-80-200
A Proclamation declaring April, 1998, as Fair Housing Month.
File #3-178
o
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. THERE
WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF
DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM
THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
C-1 Minutes of the regular meetings of City Council which were held on
Monday, February 2, 1998, and Tuesday, February 17, 1998.
RECOMMENDED ACTION: Dispense with the reading thereof and approve
File #132 as recorded.
4
C-2
A communication fi.om 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.
C-3
A report of the City Attorney requesting an Executive Session for the
purpose of discussing and considering a matter of pending litigation, specifically
a lawsuit brought against a City employee, pursuant to Section 2.1-344 (A) (7),
Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in request for Council to convene in
File #132-184 Executive Session.
C-4 A communication fi.om Council Member C. Nelson Harris with regard to
the Neighborhood Tour proposal.
RECOMMENDED ACTION: Concur in communication.
File #132-165-488
C-5
Qualification of the following persons:
Claude N. Smith as a member of the Roanoke
Regional Airport Commission for a term ending
March 9, 2002; and
File #9-15-110
Carol D. Wright as a member of the Personnel and
Employment Practices Commission for a term
ending June 30, 2000.
File #15-110-184-202
RECOMMENDED ACTION: Receive and file.
REGULAR AGENDA
0
HEARING OF CITIZENS UPON PUBLIC MATTERS:
None.
4. PETITIONS AND COMMUNICATIONS:
A communication fi.om the Roanoke City School Board requesting
appropriation of funds to various school accounts; and a report of the
Director of Finance recommending that Council concur in the request.
Adopted Ordinance No. 33779-042098. (7-0)
File #60-467
A communication fi.om Kit B. Kiser, City Representative, Roanoke
Valley Resource Authority, recommending approval of the Resource
Authority's annual budget for fiscal year 1998-99.
Adopted Resolution No. 33780-042098. (6-1) (Vice-Mayor Wyatt
voted no.)
File #60-253
A communication fi.om Jim Phipps, representing the Court-Community
Corrections Alcohol Safety Action Program, requesting adoption of a
measure of appreciation honoring those citizens and criminal justice
professionals who previously served on the Court-Community Corrections
Policy Board and the Community Corrections Resources Board.
Adopted Resolution No. 33781-042098. (7-0)
File #80-242
6
5. REPORTS OF OFFICERS:
a. CITY MANAGER:
A report with regard to the City's 1998-99 Recommended General
Fund Budget. (10 minutes)
Received and filed.
The recommended 1998-99 fiscal year budget was referred to
budget study on May 6 - 8 at 8:30 a.m., in the Emergency
Operations Center Conference Room. Further discussion with
regard to Local Colors and other similar issues was referred
to 1998-99 budget study.
File #60-317
A report recommending endorsement of a funding distribution
methodology for incentive funds for the Fifth Planning District
Commission.
Adopted Resolution No. 33782-042098. (7-0)
File #60-326
ITEMS RECOMMENDED FOR ACTION:
A report with regard to a three year contract with the Art Museum
of Western Virginia for the 1998, 1999 and 2000 Sidewalk Art
Shows.
Adopted Resolution No. 33783-042098. (7-0)
File #416
7
A report with regard to an amendment to the contract with Festival
in the Park, Inc.
Adopted Resolution No. 33784-042098. (7-0)
File 0352
A report recommending purchase of certain trucks and related
equipment; and appropriation of funds in connection therewith.
Adopted Ordinance No. 33785-042098 and Resolution No.
33786-042098. (6-0) (Mayor Bowers abstained from voting.)
File 05-60-472
A report recommending purchase of a vacuum litter collection
vehicle; and appropriation of funds in connection therewith.
Adopted Ordinance No. 33787-042098. (7-0)
File #60-67-268-472
A report with regard to a Local Law Enforcement Block Grant
appropriation relating to the bicycle patrol program; and
appropriation of funds in connection therewith.
Adopted Ordinance No. 33788-042098. (7-0)
File #5-60-236
A report with regard to the Railside Linear Park Project, right-of-
entry agreement with Norfolk Southern Corporation and its
Operating Subsidiaries.
Adopted Ordinance No. 33789-042098. (7-0)
Mr. James L. Leonard, 1935 Hope Road, S. W., advised that
if it is necessary to conduct an environmental site assessment
on the property owned by Norfolk Southern, he would request
the same protection for his property located at 127 Norfolk
Avenue, $. W.
It was the consensus of Council that the matter would be
referred to the City Manager and the City Attorney to meet
with Mr. Leonard to discuss his concerns.
File #223-392
b. DIRECTOR OF FINANCE:
A report with regard to appropriation of Community Development
Block Grant Program Income.
Adopted Ordinance No. 33790-042098. (7-0)
File 060-178-200
6. REPORTS OF COMMITTEES:
A report of the Bid Committee recommending execution of a contract
with U. S. Construction Company, in the amount of $140,598.00, for
replacement of the wood windows in the City Market Building;
transferring funds in connection therewith; rejecting all other bids on Bid
Items 1, 2, 3, and 4; and a report of the City Manager concurring in the
recommendation. Council Member John H. Parrott, Chairperson.
Adopted Ordinance Nos. 33791-042098 and 33792-042098. (7-0)
File #42-60
A report of the Bid Committee recommending that all bids received for the
Garden City Demolition Project, be rejected; and a report of the City
Manager concurring in the recommendation. Council Member John H.
Parrott, Chairperson.
Adopted Resolution No. 33793-042098. (7-0)
File #183-237
7. UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS:
Ordinance No. 33767, on second reading, authoriz/ng execution of an
offer to sell easement and the subsequent deed of easement granting to the
United States of America an 827.31-acre easement for the Appalachian
Trail across City-owned property known as the Carvins Cove Reservoir
Watershed, upon certain terms and conditions.
Adopted Ordinance No. 33767-042098 on second reading. (7-0)
File #2-254-468
bo
Ordinance No. 33775, on second reading, granting a revocable hcense for
the construction of a marquee above the entrance to an existing building,
encroaching approximately ten feet six inches over and into airspace over
the public sidewalk right-of-way along the front of the building located at
109 South Jefferson Street, Official Tax No. 1011126, upon certain terms
and conditions.
Adopted Ordinance No. 33775-042098 on second reading. (7-0)
File #169-468
9. MOTIONS AND MISCELLANEOUS BUSINESS:
Inquiries and/or comments by the Mayor and Members of City Council.
Prior to 1998.99 budget study, Vice-Mayor Wyatt requested specific
information with regard to the proposed merit increase for City
employees of 4% based on the 2.5% increase in the pay plan
structure, i.e.: a breakdown on the smallest percentage increase, the
highest percentage increase, intermediate level increases, and the
number of employees in each level.
File 018-60-184
l0
bo
Council Member Swain inquired as to the legality of enacting
legislation requiring property owners to remove trash from private
property; whereupon, the City Manager advised that City staff will
research the matter and advise Council accordingly.
File #137-144
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 HEARD. IT IS THE CITIZENS' TIME TO SPEAK
AND COUNCIL'S TIME 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: (6-0) ( Mayor Bowers was
absent.)
Jerry W. Caldwell was appointed as a member of the City of Roanoke
Transportation Safety Commission for a term ending October 31, 2000.
File #15-110-316
.Alison S. Blunton was appointed as a member of the Architectural Review
Board for a term ending October 1, 2001.
File #15-110-249
At 4:25 p.m., the meeting was declared in recess until 7:00 p.m.
ROANOKE CITY CO UNCIL
REGULAR SESSION
April 20, 1998
7:00p. m.
CITY COUNCIL CHAMBER
AGENDA FOR THE COUNCIL
Call to Order-- Roll Call. An 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.
Welcome. Mayor Bowers.
PRESENTATIONS:
Recognition of the Williamson Road Lady Hornets basketball team, winners of
the Virginia Southwest District Regional Tournament Championship.
File #80-388
12
BID OPENINGS
Bids for lease of air rights over a portion of Crystal Spring Avenue between
McClanahan Avenue and Evans Mill Road, for a term of 60 years to provide
sufficient area and space for construction of a parking garage.
One bid was received from CHS, Inc., and received and fried.
File #21-373-481
A. PUBLIC HEARINGS:
Public hearing on a proposed ordinance to grant a lease of air rights over
a portion of Crystal Spring Avenue between McClanahan Avenue and
Evans Mill Road, for a term of 60 years to provide sufficient area and
space for construction of a parking garage. Wilburn C. Dibling, Jr.,
City Attorney.
Adopted Ordinance No. 33794 on first reading. (7-0)
File #21-373-481
Public hearing on the request of Sharon K. Burnham and Joseph W. H.
Mott that 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,
be permanently vacated, discontinued and closed. Sharon K. Burnham
and/or Joseph W. H. Mott, Spokespersons.
Adopted Ordinance No. 33795 on first reading. (6-0) (Mayor Bowers
abstained from voting.)
File #514
o
Public hearing on the request of Habitat for Humanity in the Roanoke
Valley, Inc., that all of 10½ Street, S. W., and a 10 foot alley lying
parallel thereto be permanently vacated, discontinued and closed. Kyle
D. Austin, Spokesperson.
Adopted Ordinance No. 33796 on first reading. (7-0)
File #514
Public hearing on the request of the City of Roanoke to amend Section
36.1-710, Zoning, of the Code of the City of Roanoke (1979), as
amended, by adding a new subsection ( c ), to provide for reimbursement
or refund of certain fees and charges under certain justifiable conditions.
Gilbert E. Butler, Jr., Chairperson, City Planning Commission.
Withdrawn.
Public hearing to receive the views of citizens regarding appointment of
two Roanoke City School Board Trustees for three year terms of office
commencing July 1, 1998. Candidates are: David W. Davis, Harry F.
Davis, Daniel G. Oakey, Melinda J. Payne, and Ruth C. Willson.
The remarks of 22 persons were received and f'fled.
File #467
OTHER HEARING OF CITIZENS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS
TO BE HEARD. IT IS THE CITIZENS' TIME TO SPEAK AND
COUNCIL'S TIME 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.
Mr. William Hudson, 502 Walnut Avenue, S. W., addressed Council with
regard to Festival in the Park and Roanoke's First Night. According to his
research, he advised that the City of Roanoke is the only City in the United
States and Canada that does not pay its musicians for performing in these
events, and requested an explanation.
The matter was referred to the City Manager and the City Attorney to
meet with Mr. Hudson to discuss his concerns.
File #317-352
RECEIVEF~
CITY CL.~R<S "i',F!:I ~
'98 APR14 A8:06
April 20, 1998
The Honorable Mayor David A. Bowers
and Members of City Council
Roanoke, VA
Dear Mayor Bowers and Members of Council:
Please reserve space on Council's agenda Monday, April 20, 1998, at
12:15 p.m. for a video briefing by the Roanoke City Health Department - The
Public Health - American Public Health Association 125 Years and Beyond.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH:gr
Given under our hands and the Seal of the City of Roanoke this twentieth day of
April nineteen hundred and ninety-eight.
WHEREAS, John P~ Marlles received a Masters Degree in Urban and Regional
Planning from Virginia Commonwealth University in 1983, and worked as
Program Manager for the Virginia Department of Housing and Community
Development and as the first State Director of Virginia's Main Street Program and
the Virginia Urban Enterprise Zone Program; and
WHE~, Mr. Marlles was employed by the City of R~ on' February 3,
1987, as Chief of Planning in which catntcity he was responsible for directing the
activities of the City's Department of Planning and Community Development and
the Roanoke Neighborhood Partnership; and
WHEREAS, during his career with the City of Roanoke, Mr. Marlles
spearheaded the City's efforts regarding the 1990 census, and served as ,4gent to
the City Planning Commission, and Project Manager for the City's Empowerment
Zone/Enterprise Community application process and strategic plan, arm developed
the siting criteria and subsequent siting of the Roanoke Valley Regional Transfer
Station; and
WHEREAS, Mr. Marlles represented the City of Roanoke at the All America
City competition in June, 1996; and he has been primarily involved in the
Roanoke Valley Greenways Commission, the Henry Street planning process, the
Wells Avenue widening, the lOth Street community participation meetings,
Council's visioning process, the update to Roanoke Vision, and the comprehensive
downzoning of a large portion of South Roanoke and the Norwich area; and
WHEREAS, Mr. Marlles will end his career with the City of Roanoke, effective
May 31, 1998, to accept the position of Planning Director in Henrico County.
NOW, THEREFORE, I, David ,4. Bowers, Mayor of the City of Roanoke,
Virginia, in recognition of his distinguished and dedicated service, do hereby
proclaim, Monday, April 20, 1998, throughout this great All-America City, as
JOHN R. MARLLES DAY.
A TI'EST:
Mary F Parker
City Clerk
David A. Bowers
Mayor
Given under our hands and the Seal of the City of Roanoke this twentieth day of
April nineteen hundred and ninety-eight.
WHEREAS,
the Congress of the United States passed the Civil Rights Act of
1968, and Title VIII of which declared that the law of the land
would now guarantee the rights of equal housing opportunity; and
WHEREAS,
the City of Roanoke has endeavored to provide a fair housing
program for its residents, and today many realty companies and
associations support fair housing laws; and
WHEREAS,
in 1998, the United States Department of Housing and Urban
Development will carry out a full range of activities in recognition
of the 30th Anniversary of the Federal Fair Housing Act of 1968
and the lOth Anniversary of the Federal Fair Housing Amendments
Act of 1988 by sponsoring and conducting a year long campaign
in celebration commencing in April 1998, and ending with the Fair
Housing Month of 1999; and
WHEREAS,
equal housing opportunity is a condition of life in our City that can
and should be achieved, and all citizens are encouraged to abide
by the letter and spirit of the Fair Housing Law.
NOW,
THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke,
Virginia, do hereby proclaim the month of April, 1998, throughout this
great All-America City, as
FAIR HOUSING MONTH.
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
February2,1998
12:15 p.m.
The Council of the City of Roanoke met in regular session in the City Council
Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, on Monday, February 2, 1998, at 12:15 p.m., the regular meeting hour, with
Mayor David A. Bowers presiding, pursuant to Rule 1, Re_eular Meetin~js, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members William White, Sr., Linda F. Wyatt, C. Nelson
Harris, Carroll E. Swain, James O. Trout and Mayor David A. Bowers ................. 6.
ABSENT: Council Member John H. Parrott .............................................. 1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
At 12:17 p.m., the Mayor declared the meeting in recess.
At 12:20 p.m., the meeting reconvened in the Emergency Operations Center
Conference Room, Room 159, Municipal Building, 215 Church Avenue, S. W., with
Mayor Bowers presiding, and all Members of the Council in attendance. The
purpose of the meeting was to hold a joint session with the Roanoke County Board
of Supervisors.
ROANOKE CITY COUNCIL MEMBERS PRESENT: C. Nelson Harris, Carroll E.
Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor David A.
Bowers ......................................................................................................... 6.
ROANOKE CITY COUNCIL MEMBERS ABSENT: John H. Parrott ................ 1.
ROANOKE CITY STAFF PRESENT: W. Robert Herbert, City Manager; James D.
Ritchie, Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D.
Grisso, Director of Finance; Mary F. Parker, City Clerk; Willard N. Claytor, Director,
Real Estate Valuation; Robert H. Bird, Municipal Auditor; Kit B. Kiser, Director,
Utilities and Operations; Glenn D. Radcliffe, Director, Human Development;
William F. Clark, Director, Public Works; George C. Snead, Jr., Director, Public
Safety; and Angelita Y. Plemmer, Public Information Officer.
ROANOKE COUNTY BOARD OF SUPERVISORS PRESENT: Fenton F.
Harrison, Harry C. Nickens, Joseph McNamara and Chairman Bob L. Johnson .... -4.
ROANOKE COUNTY BOARD OF SUPERVISORS ABSENT: H. Odell Minnix---1.
ROANOKE COUNTY STAFF PRESENT: Elmer C. Hodge, County
Administrator; John M. Chambliss, Assistant County Administrator; Paul M.
Mahoney, County Attorney; Mary H. Allen, Clerk to the Board; George W. Simpson,
Assistant Director, Engineering and Inspections Department; Timothy W. Gubala,
Director of Economic Development; Thomas S. Haislip, Director, Parks and
Recreation; and Ann Marie Green, Public Information Officer.
OTHERS PRESENT: Brian J. Wishneff, Consultant, Brian Wishneff and
Associates; and David L. Kjolhede, Executive Director, Roanoke Valley Convention
and Visitors Bureau.
Following lunch, the business session convened at 12:45 p.m.
VIRGINIA TECH-HIGHER EDUCATION CENTER: Brian J. Wishneff, Consultant,
Brian Wishneff and Associates, presented an update on the Higher Education
Center, and advised that the Higher Education Center is a $22 million project, $6
million from the private sector, $3 million supported by local governments, $4 million
supported by tenants, and approximately $9 million supported by the State which
indicates that there is a strong partnership. He stated that the task over the next few
weeks will be to insure that the Governor's Office is aware of the strong partnership
that has been built and the City will continue to make its case. He added that area
legislators have been supportive in their efforts to insure that Roanoke receives full
funding for the project, and encouraged City and County officials to continue their
support of efforts by area legislators.
Chairman Johnson called attention to requests of the College of Health
Sciences to secure State funding, and encouraged the two governing bodies to
adopt measures in support of the funding request.
Without objection, the Mayor advised that the report on the Higher Education
Center would be received and filed.
BUDGET-CONVENTION AND VISITORS BUREAU: David L. Kjolhede,
Executive Director, Roanoke Valley Convention and Visitors Bureau, advised that
over the past four years, the budget of the Convention and Visitors Bureau has
remained fiat which has reduced purchasing power by approximately 30 per cent.
He stated that the Convention and Visitors Bureau has reviewed ways to address the
matter and has devised a formula, based on lodging and admissions and restaurant
2
taxes, as an equitable method to distribute funding into the marketing of their
services. He presented information clarifying the funding formula which is based
on eight per cent of a four year average of total taxes generated. He advised that
the Convention and Visitors Bureau is not requesting the eight per cent increase for
fiscal year 1998-99, but requests consideration of the funding formula for fiscal year
1999-2000, which would help to restore funding levels and place the Convention and
Visitors Bureau in a more advantageous position.
(See funding formula on file in the City Clerk's Office.)
Without objection, the Mayor advised that the report would be received and
filed.
CONSULTANTS REPORTS-SEWERS AND STORM DRAINS: George W.
Simpson, Assistant Director, Roanoke County Engineering and Inspections
Department, advised that the Regional Storm Water Management Plan prepared by
Dewberry and Davis has been completed and presented to each of the governing
bodies. He stated that the Plan provides a road map on how to address storm water
problems in the Roanoke Valley and identifies specific projects and cost estimates,
identifies homes for review in terms of floodproofing, provides computer models to
review future problems, provides a draft storm water management ordinance for
review on a regional basis, and identifies funding options. He advised that a key
component is the water quality report which will affect Roanoke City, Roanoke
County, the City of Salem, and the Town of Vinton, and in May 2002, localities will
be required to comply with Environmental Protection Agency regulations. He
explained that certain requirements of the Clean Water Act will include a mandated
public education participation program. He advised that the technical advisory
committee will request each of the localities to participate in a feasibility study by
answering the following basic questions:
(1)
What are the expectations of the citizens of the Roanoke Valley
in terms of addressing flooding problems?
(2) What services are needed?
(3)
Will business groups, home builders, home owners, etc., support
the concept?
(4) Are citizens willing to pay for the services?
3
Mr. Simpson spoke in support of the Regional Storm Water Management Plan and
the need to concentrate on implementation, education and seeking support of the
public to continue the regional effort to determine measures for continuing storm
water management.
William F. Clark, Roanoke City Director of Public Works, pointed out that the
Regional Storm Water Management Plan included a study of the 16 watersheds in
the Roanoke Valley that had inter-jurisdictional concerns. He stated that within the
City of Roanoke there are numerous additional storm drainage needs and the City
has done a good job of including funds in past bond issues to address
neighborhood storm drainage problems;however, there are many existing needs and
the feasibility study will provide a way to review alternative methods to finance
improvements rather than addressing the problems piecemeal. He stated that City
staff is in the process of developing a report for the City Manager's consideration,
and at the appropriate time, recommendations will be submitted to Council.
Without objection, the Mayor advised that the briefing would be received and
filed.
INDUSTRIES-FIFTH PLANNING DISTRICT COMMISSION: W. Robert Herbert,
Roanoke City Manager, advised that the Virginia Regional Industrial Facilities Act of
1997 was a project that evolved from the New Century Council process. He stated
that Roanoke was approached in November 1997 with regard to participating in a
regional project, and called attention to meetings with officials of Roanoke County,
Pulaski County and Wayne G. Strickland, Executive Director, Fifth Planning District
Commission, in which it was pointed out that in order to lend credibility to the
general nature of the project, it was envisioned that a number of governments and,
in particular, Roanoke City and Roanoke County being the lead governments in
western Virginia, would be requested to participate in the study phase, with no
obligation to participate financially. He advised that Council Member James O.
Trout, Chairma'n, Roanoke City Economic Development Commission, and Philip F.
Sparks, Roanoke City Chief of Economic Development, will represent the City of
Roanoke during the study phase.
Elmer C. Hodge, Roanoke County Administrator, advised that Roanoke County
plans to participate on the steering committee; however, the Board of Supervisors
will make the final decision as to whether funds will be contributed.
Without objection, the Mayor advised that the reports would be received and
filed.
4
YOUTH-JUVENILE CORRECTIONAL FACILITIES: John M. Chambliss,
Assistant County Administrator, advised that over one year ago, Roanoke County,
Roanoke City and City of Salem representatives entered into discussions with
members of the judiciary regarding the number of bed spaces that were available at
the Roanoke Juvenile Detention facility, which was a 21 bed facility at that time; and
the City of Roanoke has, for some time, been working toward an expansion program
for an additional 22 beds. He explained that the City of Salem, Roanoke County and
Franklin County performed a needs assessment for their respective jurisdictions
which revealed that an additional 38 bed facility is needed to accommodate their
needs; the needs assessment report was submitted to the Department of Juvenile
Justice in November 1997, and it was suggested that the three localities work with
the City of Roanoke with regard to a future expansion of the Roanoke Juvenile
Detention facility; and during the past two months Roanoke County has worked with
the City's consultant and City staff in connection with the practicality of such an
expansion program. He stated that the Department of Juvenile Justice has also
suggested that the localities adopt resolutions in support of the proposed
expansion, and revise the planning study and program design for the current facility
at Coyner Springs. He added that the Board of Supervisors requested area
legislators to submit legislation permitting the formation of a commission to oversee
and assist in the funding of a juvenile detention facility, and Delegate C. Richard
Cranwell has introduced legislation that would include both the 22nd and 23rd
judicial districts; and the State will participate in the construction costs of such a
facility, as well as a portion of the initial operating costs, and a regional program
would maximize state reimbursement. He advised that Roanoke County staff will
work with Roanoke City staff to prepare a sample resolution, and requested that the
City of Roanoke, City of Salem and Franklin County adopt similar resolutions to be
forwarded to the Department of Juvenile Justice to reinforce consideration of
program design, planning studies which have already been submitted, and
necessary revisions. He clarified that Roanoke County does not wish to do anything
to impede the progress of the City's efforts to expand the facility because additional
bed space is needed as quickly as possible.
Glenn D. Radcliffe, Roanoke City Director of Human Development, advised
that the City has approval to move forward with adding 22 beds to the current 21 bed
facility; the City has received approval of the needs assessment and planning study,
and it is proposed to move forward with discussions with Roanoke County, Franklin
County and the City of Salem.
Without objection, the Mayor advised that the briefings would be received and
filed.
5
ZONING-LANDMARKS/HISTORIC PRESERVATION: Mr. Hodge advised that
when Roanoke County officials became aware that Lowe's was in the process of
contacting residents of the Pinkard Court area, in order to acquire land off Route 220
in Roanoke County to construct a new commercial establishment, County officials
met with residents of the Pinkard Court area and enforced the need to obtain legal
and real estate assistance. He stated that Roanoke County made it clear from the
beginning that the County did not wish to participate in the project unless Lowe's
could obtain options on all of the Pinkard Court properties. He advised that Lowe's
was successful in obtaining options on all of the properties and has recently
completed a successful rezoning of the property. He explained that one of the
provisions of rezoning was that Total Action Against Poverty and Blue Ridge
Community Housing would reach an agreement with Roanoke County on the former
Pinkard Court School that Roanoke County previously donated to TAP, and as a
result, TAP and Blue Ridge Community Housing will receive $1 million from the sale
of the property which will be used for relocation packages for those persons
currently occupying the facility. He stated that the Lowe's project is proceeding
according to plans and Lowe's would like to break ground as soon as possible.
Mr. White addressed the historical significance of the Pinkard Court area and
inquired as to what measures will be taken to document the history of the
community on a permanent basis, i.e.: photographs, videos, displays, etc. He stated
that before the groundbreaking, these types of questions should be answered, not
only for the Pinkard Court community, but for any community under similar
circumstances.
Chairman Johnson advised that Pinkard Court will be memorialized in the
history of Roanoke County. He called attention to funds for improvements to the
infrastructure which are currently being held in escrow and if the agreement with
Lowe's does not reach fruition, funds will be available to improve the sewer and
water systems. He explained that Lowe's has committed to permanently
memorialize the Pinkard Court community with an appropriate monument and
appropriate naming of the road, and photographs and videos of the area will be on
permanent display in Roanoke County.
Mr. White suggested that the Harrison Museum of African-American Culture
be considered as a potential location for the display of historical artifacts.
Dr. Nickens suggested that RVTV-Channel 3 be requested to produce a
pictorial documentation of the Pinkard Court subdivision, along with interviews of
citizens who currently reside in the area. He also suggested that Lowe's be
contacted with regard to naming the new store, "Lowe's at Pinkard Court".
6
Without objection, the Mayor advised that the matter would be received and
filed.
YOUTH-PARKS AND RECREATION: Mr. Herbert called attention to continuing
efforts by Roanoke City and Roanoke County Parks and Recreation staffs to develop
a joint skateboard facility for the Roanoke Valley. He explained that the majority of
staff time has been placed on the skateboard facility and the proposed teen center
has been delegated to a temporary pending status.
LOW BAND RADIO SYSTEM: Pursuant to information provided by
Congressman Robert W. Goodlatte, Mr. Hodge stated that no Federal funds are
available for the Low Band Tourist Radio System on the Blue Ridge Parkway.
The Mayor advised that Blue Ridge Parkway officials plan to continue their
review of the matter.
There being no further business, the Mayor declared the Roanoke City Council
meeting in recess at 1:55 p.m.
At 2:00 p.m., on Monday, February 2, 1998, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with the following Council Members in
attendance, Mayor Bowers presiding.
PRESENT: Council Members William White, Sr., Linda F Wyatt,
C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Troutand Mayor
David A. Bowers ........................................................................................... 7.
ABSENT: None .................................................................................... 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C. Dibling,
Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City
Clerk.
The reconvened meeting was opened with a prayer by The Reverend John L.
Washington, Pastor, Faith and Hope Church of God and Christ.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
7
CONSENTAGENDA
The Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately. He
called attention to two requests for an Executive Session to discuss
specific legal matters requiring the advice of counsel, i.e., an issue
involving the use of City-owned land lying within the City; and
personnel matters with regard to vacancies on various authorities,
boards, commissions and committees appointed by the Council.
COMMITTEES-COUNCIL: A communication from Mayor David A.
Bowers requesting that Council convene in Executive Session to
discuss personnel matters relating to vacancies on various authorities,
boards, commissions and committees appointed by the Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended,
was before the body.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
Mr. White moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and
committees appointed by the Council, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Swain and adopted by the following vote:
AYES: Council Members White, Wyatt, Harris, Parrott, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
PUBLIC WORKS-CITY PROPERTY-COUNCIL: A report of the City
Attorney requesting that Council convene in Executive Session to
discuss a matter with regard to consultation with legal counsel as to
specific legal matters requiring the advice of counsel, specifically an
issue involving the use of City-owned land lying within the City,
pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended,
was before the body.
(For full text, see report on file in the City Clerk's Office.)
8
ACTION:
Mr. White moved that Council concur in the request of the City
Attorney to convene in Executive Session to discuss a matter with
regard to consultation with legal counsel as to specific legal matters
requiring the advice of counsel, specifically an issue involving the use
of City-owned land lying within the City, pursuant to Section 2.1-344
(A)(7), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Swain and adopted by the following vote:
AYES: Council Members White, Wyatt, Harris, Parrott, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
BUDGET-CITY EMPLOYEES: The City Manager submitted a
written report advising that personnel lapse is generated due to
employee turnover and vacancies in City departments; salary savings
of $825,000.00 are projected as a result of vacancies in the current
fiscal year; and the following figures represent the status of personnel
lapse for fiscal year 1997-98 as of December 31, 1997:
General Fund
Total Budgeted Personnel Lapse
($825,000.00)
Net Adjusted First Quarter Reduction
$327,194.00
Second Quarter Personnel
Lapse Generated
October $162,102.00
November 124,140.00
December 110,341.00
$396.583.00
Less Revenue Adjustment
(57.206.00)
Net Second Quarter Reduction
Total Personnel Lapse Reduction
$339.377.00
$666.571.00
Personnel Lapse Balance Remaining
After Second Quarter
($158.429.00)
(For full text, see report on file in the City Clerk's Office.)
9
ACTION:
Mr. White moved that the report be received and filed. The
motion was seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members White, Wyatt, Harris, Parrott, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
BUDGET: A report of the City Manager advising that on
January 5, 1998, Council adopted the budget study schedule for the
fiscal year 1998-99 recommended budget, which schedule included a
special meeting of Council to hold a public hearing on Monday,
April 27, 1998; and due to a scheduling conflict at the Roanoke Civic
Center, the public hearing date has been changed to Thursday, April 30,
1998, at 7:00 p.m., in the Roanoke Civic Center Exhibit Hall; whereupon,
the City Manager requested formal approval of the revised date for the
public hearing (April 30, 1998, at 7:00 p.m.).
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. White moved that Council concur in the request of the City
Manager. The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members White, Wyatt, Harris, Parrott, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
ROANOKE CiViC CENTER-ROANOKE NEIGHBORHOOD
PARTNERSHIP-ZONING-YOUTH-OATHS OF OFFICE-COMMITTEES:
The following reports of qualification were before Council:
Roy E. Bucher, Jr., as a member of the Roanoke Civic
Center Commission for a term ending September 30, 2000;
Barbara N. Duerk as a member of the Roanoke
Neighborhood Partnership Steering Committee for a term
ending November 30, 1998;
Louise C. Williams as a member of the Board of Zoning
Appeals for a term ending December 31, 2000; and
10
Thomas M. Winn, III, as a member of the Youth Services
Citizen Board for a term ending May 31, 2000.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
ACTION:
Mr. White moved that the reports of qualification be received and
filed. The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members White, Wyatt, Harris, Parrott, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
RIVER PARKWAY/EXPLORE PARK: Roger F. EIImore, Executive
Director, Virginia's Explore Park, presented an update on the progress
of Explore Park. He invited the Members of Council to a dedication
ceremony for the Roanoke River Parkway and the Arthur Taubman
Welcome Center on Wednesday, May 6, 1998 (the date was later
changed to Monday, May 4). He presented slides illustrating progress
over the past year, and detailing present needs of Explore Park and
capital infrastructure funding, and presented copy of Explore Park's
1998 report to the Virginia General Assembly.
ACTION:
Without objection by Council, the Mayor advised that the remarks
of Mr. EIImore would be received and filed.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY CLERK:
COMMITTEES-SCHOOLS: The City Clerk submitted a written
report advising that pursuant to Chapter 9, Education, of The Code of
the City of Roanoke (1979), as amended, establishing a procedure for
the election of School Board Trustees, the three year terms of Harry F.
Davis and Melinda J. Payne will expire on June 30, 1998; Section 9-17
of the City Code provides that applications must be filed in the City
11
ACTION:
Clerk's Office by March 10 of each year; and application forms will be
available in the City Clerk's Office and may be obtained between the
hours of 8:00 a.m., and 5:00 p.m., Monday through Friday.
(For full text, see report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the report
would be received and filed.
DIRECTOR OF FINANCE:
ACTION:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The
Director of Finance submitted the Financial Report for the City of
Roanoke for the month of December, 1997.
(For full text, see Financial Report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the
Financial Report would be received and filed.
REPORTS OF COMMITTEES:
BUDGET-LIBRARIES: John H. Parrott, Chairperson, Bid
Committee, presented a written report on behalf of the Committee, with
regard to upgrading the heating, ventilating and air conditioning
systems at the Main Library, which will preserve the Library's collection
of books and other documents, and also improve the level of comfort
for staff and patrons. The Bid Committee recommended that Council
concur in the following actions:
Authorize the City Manager to enter into a contractual
agreement, in a form to be approved by the City Attorney,
with Raymond E. Jackson Constructors, Inc., in the
amount of $118,437.00 and 140 consecutive calendar
days;
Authorize the Director of Finance to appropriate
$127,300.00 from General Fund Reserved For Prior Year
Capital Maintenance and Equipment Replacement
Program and transfer to an account to be established by
the Director of Finance in the Capital Projects Fund
entitled, "HVAC -- Upgrade, Roanoke City (Main) Library
Building"; in addition to the contract amount, the following
12
ACTION:
breakdown includes an increase in the consultant's
(Lawrence Perry & Associates, Inc.) fee for extra services
furnished to review project bid documents in view of
recent changes to the Building Code, for the cost of
advertising the project for bids, for reproducing bid
documents, and for a contract contingency to cover
additional work that might result from conditions
unforeseen at the time the project was designed:
Item Amount
Contract Amount
Increase in Professional Fee to
Lawrence Perry & Associates, Inc.
Advertising
Reproduction of Bid Documents
Contingency (5%)
Total Cost for Project
$118,437.00
900.00
250.00
150.00
7,563.0O
$127,300.00
Reject all other bids received by the City.
The City Manager submitted a written report concurring in the
recommendation of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Parrott offered the following emergency budget ordinance:
(#33710-020298) AN ORDINANCE to amend and reordain certain
sections of the 1997-98 General and Capital Projects Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 60, page 358.)
Mr. Parrott moved the adoption of Ordinance No. 33710-020298.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Parrott, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
13
ACTION:
Mr. Parrott offered the following emergency ordinance:
(#33711-020298) AN ORDINANCE accepting the bid of
Raymond E. Jackson Constructors, Inc., to make improvements to the
heating, ventilating, and air-conditioning (HVAC) systems and to
provide better control of humidification levels within the Main Library,
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.
(For full text of Ordinance, see Ordinance Book No. 60, page 359.)
Mr. Parrott moved the adoption of Ordinance No. 33711-020298.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Parrott, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
CITY PROPERTY-WATER RESOURCES: Vice-Mayor Linda F.
Wyatt, Chairperson, Water Resources Committee, presented a written
report on behalf of the Committee, with regard to authorization to
advertise certain City property, for sale to the public; located in
Roanoke County across Underhill Avenue, S. E., near the City's Water
Pollution Control Plant.
A staff report advised that the abovedescribed property was
acquired by the City as a portion of a 32-acre tract of land acquired for
the Water Pollution Control Plant; the property, which is in a residential
area, contains approximately .5 acre, and is no longer needed by the
City and may be sold as surplus property; and City policy requires
surplus property to be advertised for sale and sold to the highest
bidder if the property can be used to construct a separate structure.
The Water Resources Committee recommended that Council
authorize the City Manager to advertise for sale to the general public
that portion of Official Tax No. 70.11-1-1 containing approximately .5
acre, which is separated from the remainder of the tract of land by
Underhill Avenue, S. E.
14
ACTION:
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt offered the following resolution:
(#33712-020298) A RESOLUTION declaring certain City-owned
real estate to be surplus property and authorizing its advertisement for
sale to the general public.
(For full text of Resolution, see Resolution Book No. 60, page 360.)
Ms. Wyatt moved the adoption of Resolution No. 33712-020298.
The motion was seconded by Mr. Trout and adopted by the following
vote:
ACTION:
AYES: Council Members White, Wyatt, Harris, Parrott, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
CONSULTANTS REPORTS-WATER RESOURCES: Vice-Mayor
Linda F. Wyatt, Chairperson, Water Resources Committee, presented
a written report on behalf of the Committee, recommending that Council
authorize the City Manager to retain the services of a consultant, to be
funded by the Water Fund, to develop a comprehensive land use plan
for Carvins Cove Reservoir property; and that a draft of the Request for
Proposals for Services be circulated to all Members of Council for their
input.
(For full text, see report on file in the City Clerk's Office.)
Ms. Wyatt moved that the City Manager be authorized to retain
the services of a consultant, pursuant to the City's Procurement Code,
to study the entire Carvins Cove Reservoir property and to produce a
comprehensive land use plan for such property, with the objective of
maximizing recreational uses of the property while protecting the
primary water supply for the citizens of Roanoke from any use that
would adversely affect the quality or quantity of such water or the cost
of producing potable drinking water, such study shall be funded by an
appropriation from the Water Fund; and that the Members of Council be
invited to provide input regarding the Request for Proposals. The
motion was seconded by Mr. Trout and unanimously adopted.
UNFINISHED BUSINESS: None.
15
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ACTION:
FIRST UNION NATIONAL BANK-POLICE DEPARTMENT-TRAFFIC-
CITY CODE: Ordinance No. 33705 amending and reordaining Section
20-89, Penalties for unlawful parkincj, of the Code of the City of
Roanoke (1979), as amended, the amended section to provide for an
increase of certain penalties for unlawful parking within the City of
Roanoke; effective March 1, 1998, having previously been before the
Council for its first reading on Tuesday, January 20, 1998, read and
adopted on its first reading and laid over, was again before the body,
Mr. Parrott offering the following for its second reading and final
adoption:
(#33705-020298) AN ORDINANCE amending and reordaining §20-
89, Penalties for unlawful parkin_~, of the Code of the City of Roanoke
(1979), as amended, the amended section to provide for the increase of
certain penalties for unlawful parking within the City of Roanoke; and
providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 60, page 352.)
Mr. Parrott moved the adoption of Ordinance No. 33705-020298.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Parrott, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
Council Member Swain requested information on the cost per
employee for First Union National Bank employees to park in the First
Union Parking Garage.
ZONING: Ordinance No. 33706 amending conditions previously
proffered with respect to property described as a 5.44 acre tract of land
located at 2941 Peters Creek Road, N. W., designated as Official Tax
No. 6410103, as set forth in the Second Amended Petition filed in the
Office of the City Clerk on January 13, 1998, having previously been
16
ACTION:
before the Council for its first reading on Tuesday, January 20, 1998,
read and adopted on its first reading and laid over, was again before
the body, Mr. Harris offering the following for its second reading and
final adoption:
(#33706-020298) AN ORDINANCE to amend §§36.1-3 and 36.1-4,
Code of the City of Roanoke (1979), as amended, and Sheet No. 6.41,
Sectional 1976 Zone Map, City of Roanoke, in order to amend certain
proffered conditions presently binding upon certain property
previously conditionally rezoned from RS-3, Residential Single Family
District, to C-2, General Commercial District, and C-1, Office District.
(For full text of Ordinance, see Ordinance Book No. 60, page 356.)
Mr. Harris moved the adoption of Ordinance No. 33706-020298.
The motion was seconded by Mr. Parrott and adopted by the following
vote:
ACTION:
AYES: Council Members White, Wyatt, Harris, Parrott, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
ZONING: Ordinance No. 33707 rezoning a tract of land located at
2143 Byrd Avenue, N. E., designated as Official Tax No. 3120713, from
LM, Light Manufacturing District, to RM-1, Residential Multifamily, Low
Density District, in accordance with a Petition filed in the Office of the
City Clerk on November 5, 1997, having previously been before the
Council for its first reading on Tuesday, January 20, 1998, read and
adopted on its first reading and laid over, was again before the body,
Mr. Harris offering the following for its second reading and final
adoption:
(#33707-020298) AN ORDINANCE to amend §36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 312, Sectional 1976
Zone Map, City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 60, page 357.)
Mr. Harris moved the adoption of Ordinance No. 33707-020298.
The motion was seconded by Mr. Swain and adopted by the following
vote:
17
AYES: Council Members White, Wyatt, Harris, Parrott, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
ROANOKE CiViC CENTER-ROANOKE SYMPHONY ORCHESTRA-
CMERP: Council Member Trout inquired about the status of acquiring
a new portable acoustical shell for the Auditorium at the Roanoke Civic
Center; whereupon, the City Manager advised that the acoustical shell
will be a priority in the next round of Capital Maintenance and
Equipment Replacement Program funding, and, if approved by Council,
the acoustical shell will be installed in time for the fall season of The
Roanoke Symphony.
HOUSING/AUTHORITY: Council Member Swain called attention
to concerns expressed by certain residents of the City regarding the
encroachment of infill housing in their neighborhood, which infill
housing is not compatible with the overall character of the remainder
of the neighborhood. He requested that the City Manager investigate
this specific concern and, in addition, provide Council with a report on
the seriousness of the issue, city-wide.
STATE HIGHWAYS-COMPLAINTS: Council Member Trout
requested that City officials confer with Virginia Department of
Transportation officials to determine if the vertical screen/fence can be
reinstalled on 1-581 at the location of Cycle Systems, Incorporated.
COMPLAINTS-STATE HIGHWAYS-ROANOKE CIVIC CENTER:
Council Member Trout inquired if the barrels on 1-581 in the vicinity of
the ramp leading to the Roanoke Civic Center can be removed
inasmuch as certain construction in the area has been completed.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
At 2:40 p.m., the Mayor declared the meeting in recess.
18
ACTION:
ACTION:
At 3:55 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance.
COUNCIL: With respect to the Executive Session just concluded,
Mr. Swain moved that each Member of City Council certify to the best
of his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom
of Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members White, Wyatt, Harris, Parrott, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ O.
OATHS OF OFFICE-COMMITTEES-GREENWAY SYSTEM: The
Mayor advised that there is a vacancy on the Roanoke Valley Greenway
Commission created by the resignation of Delvis O. McCadden, and
called for nominations to fill the vacancy.
Mr. Parrott placed in nomination the name of Barry W. Baird.
There being no further nominations, Mr. Baird was appointed as
a member of the Roanoke Valley Greenways Commission, for a term
ending June 30, 1999, by the following vote:
FOR MR. BAIRD: Council Members White, Wyatt, Harris, Parrott,
Swain, Trout and Mayor Bowers ................................................... 7.
OATHS OF OFFICE-COMMITTEES-TRANSPORTATION SAFETY:
The Mayor advised that there is a vacancy on the City of Roanoke
Transportation Safety Commission created by the resignation of
Kathryn V. Weikel, and called for nominations to fill the vacancy.
Mr. Parrott placed in nomination the name of David A. Morgan.
There being no further nominations, Mr. Morgan was appointed
as a member of the City of Roanoke Transportation Safety Commission,
for a term ending October 31, 2000, by the following vote:
19
ACTION:
ACTION:
ACTION:
FOR MR. MORGAN: Council Members White, Wyatt, Harris,
Parrott, Swain, Trout and Mayor Bowers ........................................ 7.
OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD
PARTNERSHIP: The Mayor advised that there is a vacancy on the
Roanoke Neighborhood Partnership Steering Committee created by the
resignation of Richard S. Winstead, and called for nominations to fill
the vacancy.
Mr. Swain placed in nomination the name of Acree Hayes.
There being no further nominations, Mr. Hayes was appointed as
a member of the Roanoke Neighborhood Partnership Steering
Committee, for a term ending November 30, 1998, by the following vote:
FOR MR. HAYES: Council Members White, Wyatt, Harris, Parrott,
Swain, Trout and Mayor Bowers ................................................... 7.
OATHS OF OFFICE-COMMITTEES-INDUSTRIES: The Mayor
advised that there is a vacancy on the City of Roanoke Industrial
Development Authority created by the ineligibility of Russell O.
Hannabass to serve another term, and called for nominations to fill the
vacancy.
Mr. Trout placed in nomination the name of S. Deborah Oyler.
There being no further nominations, Ms. Oyler was appointed as
a Director of the City of Roanoke Industrial Development Authority, for
a term ending October 20, 2001, by the following vote:
FOR MS. OYLER: Council Members White, Wyatt, Harris, Parrott,
Swain, Trout and Mayor Bowers ................................................... 7.
Mr. Trout moved that the City residency requirement be waived
in this instance. The motion was seconded by Mr. Parrott and
unanimously adopted.
OATHS OF OFFICE-COMMITTEES-ZONING: The Mayor advised
that there is a vacancy on the Board of Zoning Appeals created by the
expiration of the term of office of Douglas C. Waters, and called for
nominations to fill the vacancy.
Mr. Trout placed in nomination the name of Joel W. Richert.
2O
There being no further nominations, Ms. Richert was appointed
as a member of the Board of Zoning Appeals, for a term ending
December 31, 2000, by the following vote:
ACTION:
FOR MS. RICHERT: Council Members White, Wyatt, Harris,
Parrott, Swain, Trout and Mayor Bowers ....................................... 7.
COMMITTEES-FIFTH PLANNING DISTRICT COMMISSION: The
Mayor advised that there is a vacancy on the Roanoke Valley Area
Metropolitan Planning Organization created by the resignation of
Marsha C. Fielder, and called for nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of Sherman A. Holland.
There being no further nominations, Mr. Holland was appointed
as a member of the Roanoke Valley Area Metropolitan Planning
Organization, for a term ending June 30, 1999, by the following vote:
ACTION:
FOR MR. HOLLAND: Council Members White, Wyatt, Harris,
Parrott, Swain, Trout and Mayor Bowers ........................................ 7.
ACTION:
COUNCIL: In the absence of the Mayor and the Vice-Mayor, Mr.
Parrott moved that Council Member William White, Sr., be appointed as
Chair Pro Tem to preside over the regular meeting of Council on
Tuesday, February 17, 1998. The motion was seconded by Mr. Swain
and unanimously adopted.
There being no further business, the Mayor declared the meeting adjourned
at 4:00 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
21
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
February17,1998
12:15 p.m.
The Council of the City of Roanoke met in regular session in the City Council
Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, on Tuesday, February 17, 1998, at 12:15 p.m., the regular meeting hour,
with Chairperson Pro Tem White presiding, pursuant to Rule 1, Re~lular Meetinqs,
of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members John H. Parrott, Carroll E. Swain and
Chairperson Pro Tem William White, Sr.- .......................................................... 3.
ABSENT: Council Members C. Nelson Harris James O. Trout, Linda F. Wyatt
and Mayor David A. Bowers ............................................................................ -4.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr.,
Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
Due to the lack of a quorum, it was not possible to hold a meeting of Council;
however, the City Manager and City staff presented briefings on the Roanoke City
Juvenile Detention Facility and Annual Crime Statistics for 1992 - 1997.
JUVENILE CORRECTIONAL FACILITIES-YOUTH: Jack E. Trent,
Superintendent, Juvenile Detention Home, presented a briefing on current status of
the Juvenile Correctional Facility at Coyner Springs, and steps that need to be taken
in terms of acquiring State approval for additional bed space. He introduced
representatives of Hayes, Seay, Mattern and Mattern, Architects and Engineers, to
present two parallel projects, viz: (1) expansion of the facility to meet City needs
only, and (2) expansion of the facility to address the needs of Franklin County,
Roanoke County and the City of Salem.
Mr. Trent advised that the process involves four steps: (1) a needs
assessment which was completed and approved by the State in 1996, (2) a planning
study, and (3) submittal of a 35 per cent preliminary drawing which has tentatively
been approved by the Department of Juvenile Justice Capital Outlay Department.
He further advised that in December 1997, representatives of Roanoke City, Roanoke
County and the City of Salem discussed possibilities of expanding the Juvenile
Detention Home to provide for additional beds and the feasibility of becoming a
regional facility. He added that Hayes, Seay, Mattern & Mattern was employed to
review all options and to provide basic cost figures, which study was funded by
Roanoke County, the City of Salem, and Franklin County. He explained that a
decision needs to be made at some time in the future as to whether to construct a
facility to meet only the needs of the City of Roanoke, or to construct a facility that
will meet regional needs of the four jurisdictions.
Using various diagrams and models, representatives of Hayes, Seay,
Mattern & Mattern presented a briefing on various options for a local facility versus
a regional facility.
POLICE DEPARTMENT: Lieutenant William L. Althoff, Planning Unit, Police
Department, presented a briefing on uniform crime statistics for the City of Roanoke,
1992-1997.
(See report on file in the City Clerk's Office.)
At 1:10 p.m., the Chairperson Pro Tem declared the meeting in recess until
2:00 p.m.
At 2:00 p.m., on Tuesday, February 17, 1998, the regular meeting of City
Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council
Members in attendance, Chairperson Pro Tem White presiding.
PRESENT: Council Members C. Nelson Harris, John H. Parrott, Carroll E.
Swain, James O. Trout (arrived at 2:40 p.m.) and Chairperson Pro Tem
William White, Sr.- .......................................................................................... 5.
ABSENT: Mayor David A. Bowers and Vice-Mayor Linda F. Wyatt .............2.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr.,
Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by Council Member Harris.
The Pledge of Allegiance to the Flag of the United States of America was led
by Chairperson Pro Tem White.
2
ACTION:
ACTION:
CONSENT AGENDA
The Chairperson Pro Tem advised that all matters listed under
the Consent Agenda were considered to be routine by the Members of
Council and would be enacted by one motion in the form, or forms,
listed on the Consent Agenda, and if discussion was desired, that item
would be removed from the Consent Agenda and considered
separately.
MINUTES: Minutes of the regular meetings of Council which was
held on Monday, November 3, 1997, and Monday, November 17, 1997,
were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. Parrott moved that the reading of the Minutes be dispensed
with and that the Minutes be approved as recorded. The motion was
seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Harris, Parrott, Swain and Chairperson
Pro Tem White ............................................................................ -4.
NAYS: None ........................................................................ 0.
(Council Members Trout, Wyatt and Mayor Bowers were absent.)
ROANOKE NEIGHBORHOOD PARTNERSHIP-COMMITTEES: A
report of qualification of Martin D. Jeffrey as a member of the Roanoke
Neighborhood Partnership Steering Committee for a term ending
November 30, 2000, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Parrott moved that the report of qualification be received and
filed. The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members Harris, Parrott, Swain and Chairperson
Pro Tem White ........................................................................... -4.
NAYS: None ........................................................................ 0.
(Council Members Trout, Wyatt and Mayor Bowers were absent.)
3
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ZONING: A communication from Maryellen F. Goodlatte,
Attorney, representing Southern Lane Group, LLC, requesting that a
petition to rezone certain tracts of land located on Southern Lane,
Southern Hills Drive and Griffin Road, S. W., which was previously
tabled by Council at its regular meeting on Monday, December 15, 1997,
be removed from the table and that a public hearing be scheduled for
Monday, March 16, 1998, at 7:00 p.m., was before the body.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
Mr. Swain moved that the matter be removed from the table and
that the City Clerk be authorized to advertise a public hearing to be held
on Monday, March 16, 1998, at 7:00 p.m., or as soon thereafter as the
matter may be heard. The motion was seconded by Mr. Harris and
adopted.
CONVENTION AND VISITORS BUREAU-ANNUAL REPORTS:
David L. Kjolhede, Executive Director, Roanoke Valley Convention and
Visitors Bureau, presented the Annual Report of the Convention and
Visitors Bureau for fiscal year 1996-97. He stated that convention leads
are up, room nights booked are down, and convention attendees are
down, which means that estimated direct spending is also down,
conventions hosted over the last year are down, and motor coach sales
leads generated are down. He advised that numbers are down across-
the-board which could be due to competition and the amount of dollars
that the Convention and Visitors Bureau has included for marketing
which has an impact over a period of time. As a positive, he explained
that the available amount of dollars to purchase advertisements is
down, yet responses received by the Convention and Visitors Bureau
are up significantly due, in part, to the fact that their marketing strategy
has been refined. He called attention to an increase in the category of
travel writers which provides publicity that could not be purchased and
has provided an opportunity to expand marketing efforts and stretch
available dollars. He stated that overall, 1996-97 was a good, solid
year.
Mr. Swain advised that during 1997-98 budget study, there was
discussion by Council and a request for a report on the status of
minority employment by the Roanoke Valley Convention and Visitors
4
ACTION:
ACTION:
Bureau, which report has not been received to date. He requested that
Council be provided with a report on the number of minority staff
positions on the Roanoke Valley Convention and Visitors Bureau and,
if there is a shortfall in minority employment, what actions are
proposed to be taken to employ minorities in responsible positions.
Without objection by Council, the Mayor advised that the Annual
Report would be received and filed.
BUDGET-ELECTIONS: Louella C. Thaxton, General Registrar,
presented a request of the Roanoke City Electoral Board for an
increase in the compensations for voting machine mechanics from
$7.00 per hour to $7.40 per hour, effective April 1, 1998.
Mr. Parrott moved that the request be referred to 1998-99 budget
study. The motion was seconded by Mr. Swain and adopted.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City
School Board requesting that $841,700.00 be appropriated for
construction costs at Huff Lane Elementary School, which funds will be
provided by a Literary Fund loan, was before Council.
A report of the Director of Finance recommending that Council
concur in the request of the School Board, was also before the body.
(For full text, see communication and report on file in the City Clerk's
Office.)
Mr. Trout offered the following emergency budget ordinance:
(#33713-021798) AN ORDINANCE to amend and reordain certain
sections of the 1997-98 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 60, page 361.)
Mr. Trout moved the adoption of Ordinance No. 33713-021798.
The motion was seconded by Mr. Harris and adopted by the following
vote:
5
AYES: Council Members Harris, Parrott, Swain, Trout and
Chairperson Pro Tem White .......................................................... 5.
NAYS: None ........................................................................ 0.
(Mayor Bowers and Vice-Mayor Wyatt were absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-HUMAN DEVELOPMENT-FIRST UNION NATIONAL
BANK-TEEN PREGNANCIES-LEASES: The City Manager submitted a
written report advising that increased space requirements for the
Department of Social Services has been brought about by new program
requirements in the Welfare Reform policy; the Child Day Care and
Pregnant Teen/Teen Parent Programs, a unit of Social Services,
operates programs focused on keeping pregnant and parenting teens
in school, preparing them to be good parents and to become self-
supporting; 11 professionals comprise the total staff of the programs,
which include the Child Day Care staff of five social workers and one
homefinder, the Pregnant Teen/Teen Parent staff of one senior social
worker and two aides, one additional aide and one supervisor; and
current space is insufficient to house the Child Day Care and Pregnant
Teen/Teen Parent Programs.
It was further advised that the Department of Social Services has
located suitable space on the fourth floor of the former Signet Bank
Building, now owned by First Union National Bank, located at 110
Church Avenue, S. W., to house the Child Day Care and Pregnant
Teen/Teen Parent Programs and staff; and gross rental space,
including common areas, totals 2,656 square feet; and net rental space
totals 2,371 square feet, which space is on the same floor as the space
previously leased for the Social Services Employment Services
Program and may be obtained through an amendment to the City's
existing lease.
6
ACTION:
It was explained that proposed Lease Amendment No. 1 will
expire on October 14, 2002; the lease rate of $2,766.67 per month is
equivalent to $12.50 per square foot per year of gross space, including
utilities and custodial service, which is considered a competitive price
for finished office space; and proposed Lease Amendment No. 1
between the City and First Union National Bank, or its successor in
interest, must be approved by Council.
The City Manager recommended that Council authorize execution
of Lease Amendment No. 1, in a form to be approved by the City
Attorney, with First Union National Bank.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#33714-021798) AN ORDINANCE to amend and reordain certain
sections of the 1997-98 General Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 60, page 362.)
Mr. Trout moved the adoption of Ordinance No. 33714-021798.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, Trout and
Chairperson Pro Tem White .......................................................... 5.
NAYS: None ........................................................................ 0.
(Mayor Bowers and Vice-Mayor Wyatt were absent.)
Mr. Trout offered the following emergency ordinance:
(#33715-021798) AN ORDINANCE authorizing the City Manager
to enter into an agreement with First Union National Bank, or its
successor in interest, to amend the Lease Agreement by and between
the City and Signet Bank, predecessor in interest to First Union
National Bank, for the leasing of additional office space within the
former Signet Bank Building located at 110 Church Avenue to house
the Child Day Care and Pregnant Teen/Teen Parent Programs and staff,
upon certain terms and conditions; and providing for an emergency.
7
(For full text of Ordinance, see Ordinance Book No. 60, page 363.)
ACTION:
Mr. Trout moved the adoption of Ordinance No. 33715-021798.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, Trout and
Chairperson Pro Tem White .......................................................... 5.
NAYS: None ........................................................................ 0.
(Mayor Bowers and Vice-Mayor Wyatt were absent.)
STATE HIGHWAYS-STREETS AND ALLEYS: The City Manager
submitted a written report advising that the Code of Virginia (1950), as
amended, establishes the eligibility criteria of localities for receiving
funds from the Virginia Department of Transportation (VDOT) for
street maintenance; the Code of Virginia specifies two functional
classifications of highways (Principal/Minor Arterials and
Collector/Locals) and establishes a base payment rate per lane mile for
each classification of roadway, which rates are adjusted annually by
VDOT based on a Statewide maintenance index of unit costs for labor,
equipment and materials used by VDOT on roads and bridges; and City
eligibility for fiscal year 1997-98 is approximately $7,560,515.00 in street
maintenance payments from VDOT, which funds are used for numerous
maintenance expenditures that the City incurs for streets, sidewalks,
curb and gutter, traffic signals, bridges, signs and pavement markings.
It was further advised that inventory additions need to be
submitted to the Virginia Department of Transportation prior to April 1,
1998, in order to be eligible for payments for the next fiscal year; City
staff has found that the proposed list of streets should be submitted to
VDOT prior to April 1, 1998, to enable eligibility for payment in the next
fiscal year; approval of the addition to the street inventory could add
$101,089.00 at current year payment rates, which changes include two
major roadway projects that are nearing completion (Peters Creek Road
Extension - Phase II and extension of Valley View Boulevard); and any
roadway not completed by July 1998, may be deferred by VDOT to the
following fiscal year for maintenance payment eligibility.
8
The City Manager recommended that he be authorized to submit
a proposed list of streets to the Virginia Department of Transportation
for approval by the Commonwealth Transportation Board to enable
State Maintenance Payment eligibility.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#33716-021798) A RESOLUTION authorizing the City Manager to
submit a street inventory for State maintenance payment eligibility to
the Virginia Department of Transportation (VDOT), upon forms
prescribed by VDOT for approval by the Commonwealth Transportation
Board, in order to ensure the City's eligibility for State maintenance
funds.
(For full text of Resolution, see Resolution Book No. 60, page 364.)
ACTION:
Mr. Harris moved the adoption of Resolution No. 33716-021798.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, and Chairperson
Pro Tem White ............................................................................ -4.
NAYS: None ........................................................................ 0.
(Council Members Trout, Wyatt and Mayor Bowers were absent.)
POLICE DEPARTMENT-TRAFFIC-GENERAL SERVICES-PARKS
AND RECREATION-CMERP-EQUIPMENT: The City Manager submitted
a written report advising that the Capital Maintenance and Equipment
Replacement Program has identified the need to replace nine vehicles
with four-wheel drive units; whereupon, the City Manager
recommended that Council concur in the following actions:
Authorize the purchase of the following vehicles:
Two mid-size units from Berglund Ford, Inc.,
at a total cost of $50,300.00; and
Seven mid-size units from Magic City Motor
Corporation, at a total cost of $168,716.10.
9
ACTION:
Reject all other bids received by the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#33717-021798) A RESOLUTION accepting bids made to the City
for furnishing and delivering 4-wheel drive vehicles upon certain terms
and conditions; and rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 60, page 365.)
Mr. Harris moved the adoption of Resolution No. 33717-021798.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, and Chairperson
Pro Tem White ........................................................................... -4.
NAYS: None ........................................................................ 0.
(Council Members Trout, Wyatt and Mayor Bowers were absent.)
PARKS AND RECREATION-EQUIPMENT-CMERP: The City
Manager submitted a written report advising that the Capital
Maintenance and Equipment Replacement Program has identified the
need for a Mobile Stage/Performance Center for the Parks and
Recreation Department; whereupon, the City Manager recommended
that Council authorize the purchase of one new Mobile
Stage/Performance Center, including state extensions, from Wenger
Corporation, at a total cost of $77,361.00; and reject all other bids
received by the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following resolution:
(#33718-021798) A RESOLUTION accepting the bid of Wenger
Corporation, for the purchase of one new Mobile Stage/Performance
Center with stage extensions, for use by the Parks and Recreation
Department, upon certain terms and conditions; and rejecting all other
bids made for such items.
10
ACTION:
(For full text of Resolution, see Resolution Book No. 60, page 366.)
Mr. Swain moved the adoption of Resolution No. 33718-021798.
The motion was seconded by Mr. Parrott and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, and Chairperson
Pro Tem White ............................................................................ -4.
NAYS: None ........................................................................ 0.
(Council Members Trout, Wyatt and Mayor Bowers were absent.)
BUDGET-POLICE DEPARTMENT-GRANTS: The City Manager
submitted a written report advising that on November 4, 1996, pursuant
to Resolution No. 33177-110496, Council authorized the City Manager
to execute documents for application to the Department of Criminal
Justice Services Grant Program for funds in the amount of $15,000.00,
with the City providing a local cash match of $3,750.00; grant funding
was applied to the fees of a consulting firm to act as project manager
on an extensive Records Management System upgrade project being
undertaken by the Police Department and City Information Systems; the
grant was awarded at $12,900.00 with $3,225.00 required as the local
cash match; and in September 1997, the Police Department was
advised that additional grant funds for the project are available under
the same program.
It was explained that John Dorsey and Associates was selected
as project consultants in May 1997, following an established City bid
process, which firm is currently assisting with developing the upgrade
of the Police Records Management System, Jail Management System,
and Communications Computer Aided Dispatch System; additional
funds, in the amount of $46,875.00, have been awarded to the City from
the same State grant program, which requires a 25 per cent local cash
match ($15,625.00); and project development and installation is
expected to require consultant assistance for at least another full year.
The City Manager recommended that he be authorized to execute
the appropriate documents to accept $46,875.00 in funds from the
Department of Criminal Justice Services grant program; and to
appropriate $62,500.00 ($46,875.00 State funds and $15,625.00 Local
Match) to Grant Fund expenditure and revenue accounts to be
established by the Director of Finance.
11
ACTION:
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#33719-021798) AN ORDINANCE to amend and reordain certain
sections of the 1997-98 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 60, page 367.)
Mr. Trout moved the adoption of Ordinance No. 33719-021798.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, Trout and
Chairperson Pro Tem White .......................................................... 5.
NAYS: None ........................................................................ 0.
(Mayor Bowers and Vice-Mayor Wyatt were absent.)
Mr. Trout offered the following resolution:
(#33720-021798) A RESOLUTION accepting a certain grant for
criminal history records system improvements from the
Commonwealth of Virginia's Department of Criminal Justice Services
and authorizing execution of any required documentation on behalf of
the City.
(For full text of Resolution, see Resolution Book No. 60, page 368.)
Mr. Trout moved the adoption of Resolution No. 33720-021798.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, Trout and
Chairperson Pro Tem White .......................................................... 5.
NAYS: None ........................................................................ 0.
(Mayor Bowers and Vice-Mayor Wyatt were absent.)
12
ACTION:
BUDGET-POLICE DEPARTMENT-COMMONWEALTH'S
ATTORNEY: The City Manager submitted a written report advising that
the Virginia General Assembly adopted State legislation in 1991,
18.2.249 COV, which allows local law enforcement to seize and take
possession of forfeited property connected with illegal narcotics
distribution; the law also makes it possible for police departments to
receive proceeds from the forfeited properties; the Police Department
receives additional funds periodically from the State Asset Sharing
Program; and action by Council is required to accept additional funds
to be dispersed in accordance with provisions of the program.
The City Manager recommended that Council accept assets from
the Forfeited Asset Sharing Program and:
Appropriate $32,025.00 to Grant Fund Capital Outlay/Other
Equipment, Account No. 035-050-3302-9015;
Appropriate $5,500.00 to Grant Fund Expendable
Equipment (<$1,000.00), Account No. 035-050-3302-2035;
and
Increase the revenue estimate in Account Nos. 035-035-
1234-7133 for $34,435.00 and 035-035-1234-7270 for
$3,090.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Parrott offered the following emergency budget ordinance:
(#33721-021798) AN ORDINANCE to amend and reordain certain
sections of the 1997-98 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 60, page 369.)
Mr. Parrott moved the adoption of Ordinance No. 33721-021798.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, Trout and
Chairperson Pro Tem White .......................................................... 5.
NAYS: None ........................................................................ 0.
13
ACTION:
(Mayor Bowers and Vice-Mayor Wyatt were absent.)
BUDGET-POLICE DEPARTMENT-COMMONWEALTH'S
ATTORNEY: The City Manager submitted a written report advising that
in October 1986, Council amended 21 USC. Sec. 881 el-4, which
authorized the transfer of certain Federally forfeited property to state
and local law enforcement agencies that participated in the
investigation and seizure of the property; the Police Department
receives additional funds periodically from the Federal Government's
Asset Sharing Program; action by Council is required to accept
additional funds to be dispersed in accordance with provisions of the
program; and revenues totaling $62,030.00 have been collected and are
available for appropriation in Grant Fund Account Nos. 035-036-1234-
7184 and 035-036-1234-7247.
The City Manager recommended that Council accept assets from
the Federal Forfeited Property Sharing Program; appropriate $62,030.00
to the Grant Fund Account for Investigations and Rewards, Account No.
035-050-3304-2150; and increase the Grant Fund Revenue Account No.
035-035-1234-7184 by $21,826.00 and Grant Fund Revenue Account No.
035-035-1234-7247 by $40,204.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#33722-021798) AN ORDINANCE to amend and reordain certain
sections of the 1997-98 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 60, page 370.)
Mr. Harris moved the adoption of Ordinance No. 33722-021798.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, Trout and
Chairperson Pro Tem White ......................................................... 5.
NAYS: None ........................................................................ 0.
(Mayor Bowers and Vice-Mayor Wyatt were absent.)
14
ACTION:
HEALTH DEPARTMENT-CITY CODE: The City Manager submitted
a written report advising that The Code of the City of Roanoke (1979),
as amended, authorizes the Department of Health to adopt and enforce
regulations governing barber, beauty and nail salons; and health
permits are required before operating barber, beauty and nail salons or
schools, with permits to be renewed annually.
It was further advised that the Virginia Department of Health has
no regulations governing barber, beauty and nail salons which can be
used to enforce the City Code; the Roanoke City Health Department is
the only health department in this area of the State currently permitting
these establishments; and the Virginia Board of Cosmetology permits
and inspects all barber, beauty and nail salons and schools in Virginia
under Title 54.1, Chapter 12, Code of Virginia, 1950, as amended, issued
by the Virginia Department of Professional and Occupational
Regulation.
The City Manager recommended that Council authorize repeal of
the requirement that the Roanoke City Health Department permit and
inspect barber, beauty and nail salons and schools which are
concurrently being permitted and inspected by the Virginia Board of
Cosmetology.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following emergency ordinance:
(#33723-021798) AN ORDINANCE repealing Article IV, Barber and
beauty_ culture, consisting of §§15-47, Re~_ulations ~jovernin~l barber
sho_~s, etc.,15-48, Permits required, and 15-49, Violations of article or
rules or re~julations, of the Code of the City of Roanoke (1979), as
amended, relating to regulation of barber and beauty shops, requiring
permits for the operation of barber and beauty shops and establishing
penalties for violation; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 60, page 371.)
Mr. Swain moved the adoption of Ordinance No. 33723-021798.
The motion was seconded by Mr. Harris and adopted by the following
vote:
15
AYES: Council Members Harris, Parrott, Swain, Trout and
Chairperson Pro Tem White ......................................................... 5.
NAYS: None ........................................................................ O.
(Mayor Bowers and Vice-Mayor Wyatt were absent.)
BUDGET-GRANTS-ARTS COUNCIL OF ROANOKE VALLEY-
ROANOKE SYMPHONY ORCHESTRA-MILL MOUNTAIN THEATRE-
ISTEA: The City Manager submitted a written report advising that the
City of Roanoke was notified of a Local Government Challenge Grant
which is available through the Virginia Commission for the Arts; grant
funds are available on a 50 - 50 matching basis, 50 per cent State and
50 per cent local; application for the grant was made at the request of
the Arts Council of Roanoke Valley, Roanoke Symphony Orchestra, Mill
Mountain Theatre, and Opera Roanoke; and Roanoke has received
funding from the Local Government Challenge Grant for several years.
It was further advised that the City has received notification from
the Commission for the Arts that a grant of $4,500.00 is available, which
grant will supplement funds already appropriated from the City to the
organizations through the Cultural Services Committee; local funds will
meet the 50 - 50 match required by the challenge grant; and grant funds
of $4,500.00 will be distributed to The Arts Council of Roanoke Valley
($1,125.00), Roanoke Symphony Orchestra ($1,125.00), Mill Mountain
Theatre ($1,125.00), and Opera Roanoke ($1,125.00).
The City Manager recommended that Council accept the
$4,500.00 grant from the Virginia Commission for the Arts, and:
Appropriate $4,500.00 to expenditure and revenue
accounts to be established by the Director of Finance in
the Grant Fund; and
Authorize the City Manager, or his designee, to execute
the Local Government Challenge Grant on behalf of the
City of Roanoke.
(For full text, see report on file in the City Clerk's Office.)
16
ACTION:
ACTION:
Mr. Swain offered the following emergency budget ordinance:
(#33724-021798) AN ORDINANCE to amend and reordain certain
sections of the 1997-98 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 60, page 371.)
Mr. Swain moved the adoption of Ordinance No. 33724-021798.
The motion was seconded by Mr. Parrott and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, Trout and
Chairperson Pro Tem White .......................................................... 5.
NAYS: None ........................................................................ 0.
(Mayor Bowers and Vice-Mayor Wyatt were absent.)
Mr. Swain offered the following resolution:
(#33725-021798) A RESOLUTION authorizing the acceptance of
a Local Government Challenge Grant from the Virginia Commission for
the Arts.
(For full text of Resolution, see Resolution Book No. 60, page 372.)
Mr. Swain moved the adoption of Resolution No. 33725-021798.
The motion was seconded by Mr. Parrott and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, Trout and
Chairperson Pro Tem White .......................................................... 5.
NAYS: None ........................................................................ 0.
(Mayor Bowers and Vice-Mayor Wyatt were absent.)
HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH: The
City Manager submitted a written report advising that H.R. Foundation,
Inc., a Virginia non-stock corporation, owns a hotel facility known as
The Hotel Roanoke which is located within a redevelopment area
created by the City of Roanoke Redevelopment and Housing Authority;
17
in 1994, a consortium of lenders made a loan not to exceed $6.5 million
to the Hotel Roanoke, L.L.C., the hotel operating company, to help
finance the planning, development, construction, and rehabilitation of
The Hotel Roanoke; on November 15, 1993, a loan guaranteed by the
United States Department of Housing and Urban Development was
made to Hotel Roanoke L.L.C., in the amount of $6.0 million, pursuant
to a Section 108 Loan Agreement between the City of Roanoke, the
Roanoke Redevelopment and Housing Authority and Hotel Roanoke,
L.L.C.; and the 1994 bank loan and the Section 108 loan are secured by
liens on the real estate and personal property associated with The Hotel
Roanoke provided that the liens securing the Section 108 loan are
subordinated to the liens securing the 1994 bank loan.
It was further advised that H.R. Foundation proposes to refinance
the 1994 bank loan and has requested the Roanoke Redevelopment and
Housing Authority to issue its Taxable Redevelopment Revenue bonds
(Hotel Roanoke Project), Series 1998, in the principal amount not to
exceed $6.0 million and loan the proceeds of the bonds to the H. R.
Foundation in order to:
Prepay the outstanding principal balance of the 1994 bank
loan;
Significantly improve the interest rate and the overall debt
service requirements of the current bank loan;
Significantly improve the revenues available to pay
principal and interest on the U. S. Department of Housing
and Urban Development 108 Loan;
Fund a debt service reserve fund for the bonds; and
Pay the cost of issuing the bonds.
It was explained that the Section 108 Loan Agreement provides
that unless approved by the City of Roanoke, the Roanoke
Redevelopment and Housing Authority, and the U. S. Department of
Housing and Urban Development, the entire outstanding principal
balance of and accrued interest on the Section 108 Loan shall become
immediately due and payable upon any refinancing of The Hotel
18
ACTION:
Roanoke; and on February 9, 1998, the Roanoke Redevelopment and
Housing Authority approved the proposed refinancing of The Hotel
Roanoke and has requested that the City of Roanoke also approve and
seek HUD's approval of the proposed refinancing.
The City Manager recommended that Council approve the
refinancing of the 1994 Bank Loan by H.R. Foundation, Inc.; approve
the City's entry into a subordination agreement subordinating the liens
securing the Section 108 Loan to the liens securing the refinanced first
mortgage debt; and authorize the City Manager to request and execute
an amendment to the Section 108 Loan Agreement.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following resolution:
(#33726-021798) A RESOLUTION approving a plan of refinancing
as to a loan in a principal amount not to exceed $6,500,000 made by a
consortium of lenders to Hotel Roanoke, L.L.C.; acknowledging that the
bonds replacing such loan and a line of credit will be considered the
first mortgage loan; authorizing the City Manager to execute a
subordination agreement and any and all other agreements,
instruments, documents or certificates necessary or appropriate to
carry out the transactions authorized or contemplated by this
resolution; and providing for an effective date.
(For full text of Resolution, see Resolution Book No. 60, page 373.)
Mr. Swain moved the adoption of Resolution No. 33726-021798.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, and Chairperson
Pro Tem White ............................................................................ -4.
NAYS: None ........................................................................ 0.
(Council Members Trout, Wyatt and Mayor Bowers were absent.)
CITY CLERK:
19
COMMITTEES-SCHOOLS: The City Clerk submitted a written
report advising that pursuant to Chapter 9, Education, of The Code of
the City of Roanoke (1979), as amended, establishing a procedure for
the election of School Board Trustees, Council must hold certain
meetings and take certain actions during the months of March, April
and May to conform with the selection process; whereupon, the City
Clerk requested the concurrence of Council in establishing the
following dates:
On Monday, March 16 at 6:00 p.m., Council will hold an
informal meeting (reception) which will be open to the
public with all candidates for school trustee in the
Emergency Operations Center Conference Room, Room
159, first floor, Municipal Building.
On Monday, March 16 at 7:00 p.m., Council, as a
Committee of the Whole, will review and consider all
candidates for the position of school trustee. At such
meeting, Council shall review all applications filed for the
position and may elect to interview candidates for such
positions.
On Monday, April 6 at 2:00 p.m., Council will, by public
vote, select from the field of candidates, those candidates
to be accorded the formal interview and all other
candidates will be eliminated from the school trustee
selection process. The number of candidates to be
granted the interview shall not exceed three times the
number of positions available on the Roanoke City School
Board, should there be so many candidates.
On Monday, April 20 at 7:00 p.m., Council will hold a
public hearing to receive the views of citizens.
On Thursday, April 23 at 6:00 p.m., Council will hold a
meeting for the purpose of conducting a public interview
of candidates for the position of school trustee. The
interviews will be taped by RVTV-Channel 3 to be televised
at a later date.
On Monday, May 11 at 2:00 p.m., Council will hold an
election to fill the two vacancies for terms commencing
July 1, 1998, and ending June 30, 2001.
2O
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris moved that Council concur in the recommended dates.
The motion was seconded by Mr. Swain and adopted.
REPORTS OF COMMITTEES:
BUDGET-CITY JAIL-EQUIPMENT: Council Member John H.
Parrott, Chairperson, Bid Committee, presented a written report on
behalf of the Committee, in connection with bids received by the City
for removal and replacement of the chiller and cooling tower at the
Roanoke City Jail, and recommended that Council approve the
following actions:
Authorize the City Manager to enter into a contractual
agreement, in a form to be approved by the City Attorney,
with Johnson Controls, Inc., for the chiller and cooling
tower removal and replacement at the City Jail, in
accordance with contract documents prepared by
Lawrence Perry and Associates, Inc., Consulting
Engineers, in the amount of $124, 950.00, with the work to
be completed by June 1, 1998;
Appropriate $132,350.00 from the Capital Maintenance and
Equipment Replacement Program to an account to be
established by the Director of Finance in the Capital
Projects Fund entitled, "City Jail Chiller & Cooling Tower
Removal and Replacement", as follows:
Contract Amount
Project Contingency
Project Total
$124,950.00
7,400.00
$132,350.00
Reject all other bids received by the City.
The City Manager submitted a written report concurring in the
recommendation of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
21
ACTION:
ACTION:
Mr. Parrott offered the following emergency budget ordinance:
(#33727-021798) AN ORDINANCE to amend and reordain certain
sections of the 1997-98 General and Capital Projects Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 60, page 376.)
Mr. Parrott moved the adoption of Ordinance No. 33727-021798.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, Trout and
Chairperson Pro Tem White .......................................................... 5.
NAYS: None ........................................................................ 0.
(Mayor Bowers and Vice-Mayor Wyatt were absent.)
Mr. Parrott offered the following emergency ordinance:
(#33728-021798) AN ORDINANCE accepting the bid of Johnson
Controls, Inc., for the removal and replacement of the chiller and
cooling tower at the Roanoke City Jail, 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.
(For full text of Ordinance, see Ordinance Book No. 60, page 378.)
Mr. Parrott moved the adoption of Ordinance No. 33728-021798.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, Trout and
Chairperson Pro Tem White ........................................................... 5.
NAYS: None ........................................................................ 0.
(Mayor Bowers and Vice-Mayor Wyatt were absent.)
UNFINISHED BUSINESS: None.
22
ACTION:
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
OATHS OF OFFICE-COMMITTEES-INDUSTRIES: Mr. Harris
offered the following resolution appointing S. Deborah Oyler as a
Director of the Industrial Development Authority of the City of Roanoke,
effective February 17, 1998, to fill the unexpired portion of the four-year
term of Russell O. Hannabass which commenced on October 21, 1997,
and will expire on October 20, 2001:
(#33729-021798) A RESOLUTION appointing a Director of the
Industrial Development Authority of the City of Roanoke, to fill a four (4)
year term on its Board of Directors and waiving the requirement of City
residency.
(For full text of Resolution, see Resolution Book No. 60, page 379.)
Mr. Harris moved the adoption of Resolution No. 33729-021798.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, Trout and
Chairperson Pro Tem White .......................................................... 5.
NAYS: None ........................................................................ O.
(Mayor Bowers and Vice-Mayor Wyatt were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS: None.
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
WATER RESOURCES: Council Member Swain advised that
proposed Environmental Protection Agency regulations provide that
the City must notify residents of any contaminants in the drinking
water, and inquired as to the City's plans to comply with the mandate;
whereupon, Kit B. Kiser, Director, Utilities and Operations, advised that
in compliance with numerous regulations, the City will be required to
submit an annual report to its customers, the format of which is
presently being developed by Environmental Protection Agency staff.
23
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
COMPLAINTS-SCHOOLS: Ms. Katherine Glassbrenner, 5221
Medmont Circle, S. W., expressed concern with regard to the conduct
of School Trustee Harry F. Davis at recent Roanoke City School Board
meetings. She called attention to a lack of harmony, acrimony, and the
lack of ability to move forward on school-related business. She
expressed concern that too much time is being spent by the School
Board and staff of the City and the School system on defending
unbecoming questions by one member of the School Board. She
stated that the School Board should be composed of members who will
deal with others in a respectful manner and work together to move the
business of the school system forward. She called attention to the
recent resignation of Richard L. Kelley, Assistant Superintendent for
Operations, whose ethics and integrity were recently questioned by
School Board Trustee Harry Davis. She stated that there are many
citizens who are concerned about the way that Mr. Davis conducts
school business and deals with other members of the School Board
and staff. She advised that Roanoke cannot afford to lose other good
school administrators, and requested that Council consider the recall
of Harry Davis as a Trustee of the Roanoke City School Board.
The Chairperson Pro Tem advised that Ms. Glassbrenner's
remarks would be taken under advisement.
ZONING-NEIGHBORHOOD ORGANIZATIONS: Lincoln D. Barrett,
President, Southern Hills Improvement Association, 4268 Joplin Road,
S. W., advised of a meeting with City officials to be held on Wednesday,
February 18, 1998, to discuss neighborhood improvements. He called
attention to the continued opposition of the Southern Hills
neighborhood with regard to the proposed rezoning on Southern Lane,
Southern Hills Drive and Griffin Road, S. W.
At 3:10 p.m., the Chairperson Pro Tem declared the meeting in
recess until 7:00 p.m.
On Tuesday, February 17, 1998, at 7:00 p.m., the Roanoke City
Council reconvened in regular session in the City Council Chamber,
fourth floor, Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, with the following Council Members in attendance,
Chairperson Pro Tem White presiding.
24
PRESENT: Council Members C. Nelson Harris, John H. Parrott,
Carroll E. Swain, James O. Trout and Chairperson Pro Tem
William White, Sr.- ....................................................................... 5.
ABSENT: Mayor David A. Bowers and Vice-Mayor Linda F.
Wyatt ......................................................................................... 2.
OFFICERS PRESENT: James D. Ritchie, Sr., Assistant City
Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by Council
Member Harris.
The Pledge of Allegiance to the Flag of the United States of
America was led by Chairperson Pro Tem White.
PUBLIC HEARINGS:
STREETS AND ALLEYS: Pursuant to Resolution No. 25523
adopted by the Council on Monday, April 6, 1981, the City Clerk having
advertised a public hearing for Tuesday, February 17, 1998, at
7:00 p.m., or as soon thereafter as the matter may be heard, on the
request of William H. Fralin, Jr., and Karen B. Fralin that a portion of
29th Street (formerly known as 8th Street), located between Carolina
and Rosalind Avenues, S. W., be permanently vacated, discontinued
and closed, subject to certain conditions proffered by the petitioners,
the matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Friday, January 30, 1998, and Friday,
February 6, 1998, and in the Roanoke Tribune on Thursday, February 5,
1998.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
section of 29th Street, S. W., as requested for closure and vacation, is
40 feet wide and approximately 300 feet in length; a portion of this
section of 29th Street is developed and is currently used by the
residents (Steven L. Higgs and C. Whitney and Ellen H. Brown, Jr.) for
vehicular access and parking; the section of 29th Street which is
undeveloped lies between Official Tax Nos. 1070501 and 1062602 and
25
PRESENT: Council Members C. Nelson Harris, John H. Parrott,
Carroll E. Swain, James O. Trout and Chairperson Pro Tem
William White, Sr.- ....................................................................... 5.
ABSENT: Mayor David A. Bowers and Vice-Mayor Linda F.
Wyatt ......................................................................................... 2.
OFFICERS PRESENT: James D. Ritchie, Sr., Assistant City
Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by Council
Member Harris.
The Pledge of Allegiance to the Flag of the United States of
America was led by Chairperson Pro Tem White.
PUBLIC HEARINGS:
STREETS AND ALLEYS: Pursuant to Resolution No. 25523
adopted by the Council on Monday, April 6, 1981, the City Clerk having
advertised a public hearing for Tuesday, February 17, 1998, at
7:00 p.m., or as soon thereafter as the matter may be heard, on the
request of William H. Fralin, Jr., and Karen B. Fralin that a portion of
29th Street (formerly known as 8th Street), located between Carolina
and Rosalind Avenues, S. W., be permanently vacated, discontinued
and closed, subject to certain conditions proffered by the petitioners,
the matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Friday, January 30, 1998, and Friday,
February 6, 1998, and in the Roanoke Tribune on Thursday, February 5,
1998.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
section of 29th Street, S. W., as requested for closure and vacation, is
40 feet wide and approximately 300 feet in length; a portion of this
section of 29th Street is developed and is currently used by the
residents (Steven L. Higgs and C. Whitney and Ellen H. Brown, Jr.) for
vehicular access and parking; the section of 29th Street which is
undeveloped lies between Official Tax Nos. 1070501 and 1062602 and
25
consists of a grassy lawn area that is 40 feet in width and
approximately 208 feet in length; the application states that the
applicants (William H. and Karen B. Fralin) have maintained (mowed,
etc.) this area; and City staff has advised that no current or future plans
exist to open or utilize this section of 29th Street, S. W., was before
Council.
The City Planning Commission recommended that Council
approve the request to close and permanently vacate the
abovedescribed section of 29th Street, S. W., subject to the following
conditions:
The applicant shall submit to the City, receive approval
thereof, and record in the Office of the Clerk of Circuit
Court, a subdivision plat providing for the following:
Disposition of the land within the vacated
rights-of-way in a manner consistent with the
requirements of Chapter 31, Subdivisions, of
the Code of the City of Roanoke (1979), as
amended.
Combination of the land within the vacated
right-of-way with at least two or more of the
abutting properties.
Retention of appropriate easements, together
with the right of public passage over same
for surface and subsurface installation, repair
or maintenance of any and all utilities that
may be located within the right-of-way.
If the plat of subdivision is not approved by the City and
recorded by the applicant within a period of six months
from the date of adoption of an ordinance providing for
such closure, said ordinance shall become null and void
with no further action by City Council being necessary.
(For full text, see report on file in the City Clerk's Office.)
William H. Fralin, Jr., Attorney, appeared before Council in
support of the request.
26
ACTION:
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#33730) AN ORDINANCE permanently vacating, discontinuing
and closing certain public right-of-way in the City of Roanoke, Virginia,
as are more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 60, page 380.)
The motion was seconded by Mr. Swain.
The Chairperson Pro Tem inquired if there were persons present
who would like to address Council with regard to the request. There
being none, Ordinance No. 33730 was adopted, on its first reading, by
the following vote:
AYES: Council Members Harris, Parrott, Swain, Trout and
Chairperson Pro Tem White .......................................................... 5.
NAYS: None ........................................................................ 0.
(Mayor Bowers and Vice-Mayor Wyatt were absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Tuesday, February 17, 1998, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of Virginia Realty
and Auction Company that property located at 718-720 First Street,
S. W., bearing Official Tax No. 1020511, be designated as an H-2,
Neighborhood Preservation District overlay to the existing C-3, Central
Business District designation, the matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Friday, January 30, 1998, and Friday, February 6,
1998, and in the Roanoke Tribune on Thursday, February 5, 1998.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
existing apartment building was identified in 1985 as a contributing
architectural structure in the Southwest Historic District which is on the
27
National Register of Historic Places; and the property owner desires to
rehabilitate existing buildings and take advantage of local, State and
Federal incentives available to historic buildings, was before Council.
The City Planning Commission recommended that Council
approve the request for H-2, Neighborhood Preservation District
zoning, and advised that including the property in the local historic
district recognizes the property as contributing to the larger Southwest
Historic District and encourages appropriate rehabilitation of the
property for the benefit of the surrounding neighborhood and
downtown.
(For full text, see report on file in the City Clerk's Office.)
James L. Woltz, Co-Owner of the property, appeared before
Council in support of the request.
ACTION:
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#33731) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 102, Sectional 1976 Zone
Map, City of Roanoke, to designate certain property within the City as
H-2, Neighborhood Preservation District.
(For full text of Ordinance, see Ordinance Book No. 60, page 382.)
The motion was seconded by Mr. Swain.
The Chairperson Pro Tem inquired if there were persons present
who would like to address Council with regard to the request for
rezoning. There being none, Ordinance No. 33731 was adopted, on its
first reading, by the following vote:
AYES: Council Members Harris, Parrott, Swain, Trout and
Chairperson Pro Tem White .......................................................... 5.
NAYS: None ........................................................................ O.
(Mayor Bowers and Vice-Mayor Wyatt were absent.)
28
ACTION:
CITY CODE-ZONING: Pursuant to Resolution No. 25523 adopted
by the Council on Monday, April 6, 1981, the City Clerk
having advertised a public hearing for Tuesday, February 17, 1998, at
7:00 p.m., or as soon thereafter as the matter may be heard, on the
request of C. W. Francis & Son., Inc., t/a Francis Realtors, to amend
Chapter 36.1, Zoninq, §36.1-228, S_~ecial exception uses, to permit
manufacturing establishments as a special exception use in the C-3,
Central Business District, the matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Friday, January 30, 1998, and Friday, February 6,
1998, and in the Roanoke Tribune on Thursday, February 5, 1998.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
purpose of the proposed ordinance amendment is to provide for
selected manufacturing establishments as a special exception use in
the C-3, Central Business District, was before Council.
The City Planning Commission recommended that Council
approve the proposed ordinance amendment, which will permit
appropriate reuse of existing obsolete manufacturing structures and
warehouses in the City's central business district.
(For full text, see report on file in the City Clerk's Office.)
William F. Trinkle appeared before Council in support of the
request.
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#33732) AN ORDINANCE amending §36.1-228, S_oecial exce_~tion
uses, of Chapter 36.1, Zonincj, of the Code of the City of Roanoke
(1979), as amended, to permit manufacturing establishments as a
special exception use in the C-3, Central Business District.
(For full text of Ordinance, see Ordinance Book No. 60, page 383.)
The motion was seconded by Mr. Swain.
29
The Chairperson Pro Tem inquired if there were persons present
who would like to address Council with regard to the request;
whereupon, Mr. Scoff D. Rice, 428 Kepplewood Road, S. E., spoke in
support of the proposed special exception.
No other persons wishing to be heard, Ordinance No. 33732 was
adopted on its first reading by the following vote:
AYES: Council Members Harris, Parrott, Swain, Trout and
Chairperson Pro Tem White .......................................................... 5.
NAYS: None ........................................................................ 0.
(Mayor Bowers and Vice-Mayor Wyatt were absent.)
OTHER HEARING OF CITIZENS: None.
There being no further business, the Chairperson Pro Tem declared the
meeting adjourned at 7:10 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
William White, Sr.
Chairperson Pro Tem
3O
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE S.W. - ROOM 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-1145
April 20, 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,
~~wers
Mayor
DAB:se
WILBURN C. DIBLING, JR.
CITY ATTORNEY
R~_CE t~E[~ ~-
CITY OF ROANOK~y c,.~,s o~ ::c
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BUILDING 'QR
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011-1595
TELEPHONE: 540-853-2431
FACSIMILE: 540-853-1221
E-MAIL:cityatty @ci.roanoke.va.us
~PR 15
AtO :15
WILLIAM X PARSONS
STEVEN J. TALEVI
GLADYS L. YATES
GARY E. TEGENKAMP
ASSISTANT CITY ATTORNEYS
April 20, 1998
The Honorable Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Re: Request for Executive Session
Dear Mayor Bowers and Members of Council:
This letter is to request that Council convene in Executive Session for the purpose of
discussing and considering a matter of pending litigation, specifically a lawsuit brought against a City
employee, pursuant to §2.1-344.A.7., Code of Virginia (1950), as amended.
Sincerely yours,
~!yb~~ Jr.'
WCD/lsc
cc: W. Robert Herbert, City Manager
George C. Snead, Jr., Director Public Safety
Chief A. L. Gaskins, Roanoke City Police Department
Mary F. Parker, City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Chumh Avenue, S. W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
Mary F. Parker, CMCIAAE
City Clerk
April 20, 1998
File #132-165-488
8andra H. Eakin
Deputy City Clerk
The Honorable C. Nelson Harris
Council Member
Roanoke, Virginia
Dear Mr. Harris:
Your communication with regard to neighborhood tours to be held on May 11, June 1,
September 8 and October 7, was before the Council of the City of Roanoke at a regular
meeting which was held on Monday, April 20, 1998.
On motion, duly seconded and adopted, the communication was received and filed.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc:
W. Robert Herbert, City Manager
John R. Marlles, Chief, Planning and Community Development
Mariam K. Alam Stacy, Partnership Coordinator, Neighborhood Partnership
Evelyn S. Lander, Interim Chief, Planning and Community Development
William E. Skeen, Chair, Roanoke Neighborhood Partnership Steering Committee,
1938 Avon Road, S. W., Roanoke, Va 24015
DAVID A. BOWERS
Mayor
CITY OF
CITY COUNC-I~Wr
215 Church Avenue, S.W., Room
Roanoke, Virginia 24011-1~1~ /~p~ 14
P3:18
Telephone: (540) 853-2541
Fax: (540) 853-1145
April 20, 1998
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Council Members:
C. Nelson Harris
John H. Parrott
Carroll E. Swain
James O. Trout
William White, Sr.
Linda F. Wyatt
Dear Mayor and Members of Council:
On March 30,1998, I wrote you in regard to the neighborhood tours which were proposed
earlier this year. I am pleased to report that the first two tours have been scheduled for May 11,
1998, in the Belmont neighborhood in southeast and on June 1, 1998, in the Hurt Park
neighborhood in southwest.
The tours will start at 5:30 p.m. and end at 7 p.m. The tour of Belmont will start at the
City cemetery located in the 400 block of Tazewell Avenue, S.E. The tour of Hurt Park will start
in Perry Park, located at Norfolk Avenue and 12th Street, S.W. Maps showing the general area
we will be touring are attached for your information. In the event of bad weather, a van will be
provided.
The Steering Committee of the Roanoke Neighborhood Partnership has agreed to
schedule the tours. The tours will be hosted by the neighborhood organizations from the area.
Some neighborhood groups may invite Council members to functions after the tour.
Should you require any additional information, please contact me or Mariam Stacy at
853-1286.
With kindest personal regards, I am
Sincerely,
C. Nelson Harris
Council Member
CC:
W. Robert Herbert, City Manager
John R. Marlles, Chief, Planning and Community Development
Mariam A. Stacy, Neighborhood Partnership Coordinator
Evelyn S. Lander, Interim Chief, Planning and Community Development
William Skeen, Chairman, Roanoke Neighborhood Partnership Steering Committee
ROANOKE CITY COUNCIL
PROPOSED NEIGHBORHOOD WALK PROGRAM
MARCH 23, 1998
DESCRIPTION:
PURPOSE:
During the Spring and Fall of each year City Council members would
participate in walking tours of selected neighborhoods with representatives
of neighborhood organizations, Roanoke Neighborhood Partnership
Steering Committee Members and selected City staff.
The purpose of the tours is threefold: (1) to let citizens know that Council
members are in touch with the neighborhoods and their concerns, (2) to
give neighborhood organizations the opportunity to "show off" the good
things happening in their neighborhoods; and (3) to educate City Council
about what the City has done, or can do, to deal with specific
neighborhood problems.
SPONSORSHIP:
FREQUENCY/
DURATION:
Tours would be hosted by selected neighborhood organizations through
arrangements made by the Roanoke Neighborhood Partnership staff.
Two to three tours would be scheduled in the Spring and Fall of each
year. Tours would start at 5:30 p.m. and end at 7:00 p.m. Some
neighborhood organizations would probably invite Council members to
neighborhood functions after the tour.
HAND OUTS:
A mail back survey form, possibly in the form of a door hanger, could be
distributed during the tour to let citizens know that Council toured their
neighborhood and to give them an opportunity to report any problems or
concerns.
SUGGESTED TOUR DATES:
Spring - May 11, 1998
June 1, 1998
Fall -
September 8, 1998
October 7, 1998
SUGGESTED NEIGHBORHOODS:
Southeast
Hurt Park
Belmont
PERI~'I' PARK,
Hurt Park
MARY E 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
April 20, 1998
SANDRA H. EAKIN
Deputy City Clerk
File ~'9-15-110
Bob L. Johnson, Chair
Roanoke Regional Airport Commission
6628 Northway Drive, N. W.
Roanoke, Virginia 24019
Dear Mr. Johnson:
This is to advise you that on April 6, 1998, Claude N. Smith qualified as a member of the
Roanoke Regional Airport Commission for a term ending March 9, 2002.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
pc:
Cathy Pendleton, seCretary, Roanoke Regional Airport Commission, 5202 Aviation
Drive, N. W., Roanoke, Virginia 24012-1148
Sandra H. Eakin, Deputy Clerk
N:~._,KLOI~AGEND.a,g~2~.WPO
RECE ',, EE
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Claude N. Smith, do solemnly swear (or affirm) that I will support the Constitution
of the United States 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 Roanoke Regional Airport Commission for a term ending March 9,
2002, according to the best of my ability. So help me God.
Subscribed and sworn to before me this~--p-~'~'- day ~~"'"~.- 1998.
ARTHUR B. CRUSH, Ill, CLERK
, DEPUTY CLERK
H:~AGENDAg6~MAR18.WPD
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 20, 1998
File #15-110-184-202
SANDRA H. EAKIN
Deputy City Clerk
Stephen L. Jamison, Chair
Personnel and Employment
Practices Commission
3450 Brymoor Road, S. W.
Roanoke, Virginia 24018
Dear Mr. Jamison:
This is to advise you that on April 14, 1998, Carol D. Wright qualified as a member of the
Personnel and Employment Practices Commission for a term ending June 30, 2000.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc:
Kenneth S. Cronin, Secretary, Personnel and Employment Practices Commission
Sandra H. Eakin, Deputy Clerk
RECEIV£,D
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Carol D. Wright, 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 Personnel and Employment Practices Commission for a term
ending June 30, 2000, according to the best of my ability. So help me God.
Subscribed and sworn to before me this
ARTHUR B. CRUSH, III, CLERK
N:~KLOl~AGENDA96~PR6,WPD
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
April 20, 1998
File ~60-467
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 33779-042098 amending and reordaining certain
sections of the 1997-98 School, General, and Capital Projects Funds Appropriations,
providing for appropriation of funds to various school accounts. The abovereferenced
measure was adopted by the Council of the City of Roanoke at a regular meeting which
was held on Monday, April 20, 1998.
Sincerely, ~~
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Attachment
pc;
Marsha W. Ellison, Chair, Roanoke City School Board, 2030 Knollwood Road,
S. W., Roanoke, Virginia 24018
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools
N:~CKLO~AGEN~.WPO
James D. Grisso
April 20, 1998
Page 2
pc:
Richard L. Kelly, Assistant Superintendent for Operations, Roanoke City Public
Schools
W. Robert Herbert, City Manager
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of April, 1998.
No. 33779-042098.
AN ORDINANCE to amend and reordain certain sections of the 1997-98 School,
General, and Capital Projects Funds 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 School, General, and Capital Projects Funds Appropriations, be,
and the same are hereby, amended and reordained to read as follows, in part:
SchoolFund
Appropriations
Education
Opportunity Knocks (GED) 97-98 (1-3) .........................
Impact Aid 97-98 (4-5) .....................................
1998 Western Virginia Regional Science Fair (6-11 ) ..............
Goals 2000 Technology Support 1997 (12) ......................
Food Services (13) ........................................
Facilities (14-18) ..........................................
Instructional (19) ..........................................
Revenue
Education
Opportunity Knocks (GED) 97-98 (20) .........................
Impact Aid 97-98 (21) ......................................
1998 Western Virginia Regional Science Fair (22-23) .............
Goals 2000 Technology Support 1997 (24) ......................
Grants-In-Aid Federal (25) ..................................
Non-Operating (26) ........................................
$113,271,371
4,672
12,671
7,750
2,785
3,989,153
2,564,979
64,232,949
$110,623,754
4,672
12,671
7,750
2,785
2,648,172
41,543,029
General Fund
Appropriations
Nondepartmental $ 59,622,153
Transfer to Other Funds (27) ................................. 58,907,132
Fund Balance
Capital Maintenance and Equipment Replacement Program -
School Unappropriated (28) .................................. $
199,901
Capital Proiects Fund
Appropriations
Education
Wilson Middle School Renovations (29-31) ......................
Instructional Technology (32) .................................
Capital Improvement Reserve
Public Improvement Bonds - Series 1997 (33) ....................
$ 27,923,732
9,155,224
150,000
15,067,044
5,315,450
Revenue
Accounts Receivable -Asbestos Lawsuit (34) .................... $
Due From VPSA Bonds - Wilson Middle School (35) ..............
Due From VPSA Bonds - Breckinridge (36) .....................
1,994
16,954
6,500
1 ) Instructors (030-060-6701-6334-0129) $ 1,605
2) FICA (030-060-6701-6334-0201) 122
3) Textbooks (030-060-6701-6334-0613) 200
4) Part-Time
Teachers (030-060-6971-6000-0121 ) 1,765
5) Social Security (030-060-6971-6000-0201) 135
6) Security
Services (030-060-6978-6311-0195) 100
7) Social Security (030-060-6978-6311-0201) 8
8) Contracted
Services (030-060-6978-6311-0313) 200
9) Travel
Expenses (030-060-6978-6311-0554) 6,400
10) Membership
Fees (030-060-6978-6311-0581 ) 500
11 ) Instructional
Supplies (030-060-6978-6311-0614) 542
12) Technology
Support and
Training
13) Food and Food
Supplies
14) Elementary
School
Equipment
15) Secondary
School
Equipment
16) Wilson
Middle School
Equipment
17) Facility
Maintenance
18) Roof Repairs -
Fishburn Park
19) Matching Fund
20) Fees
21) Donations
22) Local Match
23) Fees
24) Federal Grant
Receipts
25) Federal Food
Aid
26) Transfer from
General Fund
27) Transfer to
School Fund
28) CMERP -
School
29) Appropriation
from Bond
Funds
30) Appropriation
from Third
Party
31 ) Appropriation
from Literary
LoanNPSA
Bond
32) Appropriation
from Bond
Funds
33) Schools
(030-060-6979-6102-0126)
(030-060-6005-6788-0602)
(030-060-6006-6000-0821 )
(030-060-6006-6100-0821 )
( 030-060-6006-6100-0822)
( 030-060-6006-6896-0809 )
(030-060-6006-6896-0809)
(030-060-6001-6111-0588)
(030-060-6701-1103)
(030-060-6971-1103)
(030-060-6978-1101 )
(030-060-6978-1103)
(030-060-6979-1102)
(030-060-6000-0712)
(030-060-6000-1037)
(001-004-9310-9530)
(001-3324)
(008-060-6088-6896-9001 )
(008-060-6088-6896-9004)
(008-060-6088-6896-9006)
(008-060-6092-6896-9001 )
(008-052-9706-9182)
$ 2,782
175,000
25,602
36,258
14,635
56,005
80,000
( 2,000)
1,927
1,900
2,000
5,750
2,785
175,000
212,500
212,500
(212,500)
100,000
1,994
23,454
150,000
(250,000)
34) Accounts
Receivable -
Asbestos
Lawsuit
35) Due From VPSA
Bonds - Wilson
Middle
36) Due From VPSA
Bonds - Breckinridge
(008-1259) $ 1,994
(008-1322) 16,954
(008-1321) 6,500
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
Marsha W. Ellison, Chairman
Melinda J. Payne, Vice Chairman
Harry F. Davis
Charles W. Day
F. B, Webster Day
Sherman P. Lea
Brian J. Wishneff
Dr. E. Wayne Harris, Superintendent
Cindy H. RamstR~t3~ll~t'~f the Board
CITY ~L E~..:,~
fRoanoke
City School Board P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 · Fax: ~-8~1j~95.~ p 1:2.~~''~
April 8, 1998
The Honorable David A. Bowers, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As a result of official action at its April 7 meeting, the School Board requests the
following appropriations:
$212,500.00 from the Capital Maintenance and Equipment Replacement Fund.
The funds will be used for elementary and secondary school equipment, Woodrow
Wilson equipment, facility maintenance, and roof repairs for Fishburn Park.
$125,448.00 for renovations to Woodrow Wilson Middle School. Proceeds have
been received from the 1997 Capital Bond Issue, the State Non-Arbitrage Pool, and from
asbestos class action receipts.
$150,000.00 for the installation of wide area computer networks for the School
Board central administration and the Schools. Funding will be provided from the 1997
approved Capital Bond Issue.
$1 75,000.00 for food and food supplies. The additional appropriation of federal
food aid revenues and cafeteria receipts is necessary to recognize the higher level of
participation in the student lunch program for the year and the resulting higher level of
expenses required for food purchases.
$1,927.00 for the 1997-98 Opportunity Knocks (GED) Program to provide
instruction for the General Educational Development (GED) Examination for young
adults. The program will be funded by fees charged to participants. This is a continuing
program.
$1,900.00 for the Impact Aid Program for the operation of the Homework
Helpline Program for the 1997-98 school year. Federal funds are already appropriated
and received, and donations to augment the program from Blue Ridge Television and
United States Cellular have been received. This is a continuing program.
Excellence in Education
Members of Council
Page 2
April 8, 1998
$7,750.00 for the 1998 Western Virginia Regional Science Fair. Participating
school districts will contribute toward the cost of the fair, with a local match cost to
Roanoke City Schools in the amount of $2,000. This is a continuing program.
$2,785.00 for the Goals 2000 Technology Support grant for FY97 for the training
in support of efforts to improve education in the school division through the provision of
computers and related technology. The program will be reimbursed one hundred
percent by federal funds.
The Board appreciates the approval of these requests.
Sincerely,
Cindy H. Ramsuer, Clerk
re
cc: Mrs. Marsha W. Ellison
Dr. E. Wayne Harris
Mr. Richard L. Kelley
Mr. Kenneth F. Mundy
Mr. William L. Murray
Mr. W. Robert Herbert
Mr. Wilburn C. Dibling
Mr. James D. Grisso
Mrs. Ila Farris (with accounting details)
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
April 20, 1998
File ~60-253
SANDRA H. EAKIN
Deputy City Clerk
Allan C. Robinson, Chair,
Roanoke Valley Resource Authority
1020 Hollins Road, N. E.
Roanoke, Virginia 24012
Dear Mr. Robinson:
I am enclosing copy of Resolution No. 33780-042098 approving the annual budget of the
Roanoke Valley Resource Authority for fiscal year 1998-1999, in the amount of
$8,004,000.00. The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting which was held on Monday, April 20, 1998.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
Mary H. Allen, Clerk, Roanoke County Board of Supervisors, Roanoke County
Administration Center, 5204 Bernard Drive, S. W., Roanoke, Virginia 24018
W. Robert Herbert, City Manager
James D. Grisso, Director of Finance
Kit B. Kiser, Roanoke City Representative, Roanoke Valley Resource Authority
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of April, 1998.
No. 33780-042098.
A RESOLUTION approving the annual budget of the Roanoke Valley Resource
Authority for Fiscal Year 1998-1999, upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke that the annual budget for
the Roanoke Valley Resource Authority for Fiscal Year 1998-1999, in the amount of
$8,004,000 is hereby approved, all as more particularly set forth in the report to this Council
dated April 20, 1998, from the Roanoke City representative to the Roanoke Valley Resource
Authority.
ATTEST:
City Clerk.
'98 INPR13 8:46
April 20, 1998
Report No. 98-332
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Roanoke Valley Resource Authority
Fiscal Year 1998-99 Budget
The attached budget information is being presented in accordance with
Section 5.9 of the October 12, 1991 Members Use Agreement. As your
representative, I served on the Roanoke Valley Resource Authority Budget
Committee and voted for approval of the budget at the March 25, 1998
Authority meeting. Tipping fees for the charter member governments remain
at the current rate of $53.00 per ton. Charter member governments' credit
will reduce from $3.00 per ton to $2.00 per ton. The net effect to the
City of Roanoke is a $1.00 per ton increase in the tipping fees. Also
enclosed with the attached information is a comparison of the 1998-99
budget with the projections made to finance the capital improvement
program.
The report is presented to you with the recommendation that you grant
your approval of the proposed fiscal year 1998-99 annual budget in the
total amount of $8,004,000. This is a reduction of $480,000 from the
initially approved 1997-98 budget as the result of further diversion of
privately collected commercial refuse to private landfills, but is a 1/2 of
1% increase of the amended fiscal year budget.
Respectfully submitted,
KBK:afm
Attachments
cc:
Representative
Roanoke Valley Resource Authority
Mr. Allan C. Robinson, Jr., Chairman, RVRA
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, City Attorney
Mr. James D. Grisso, Director of Finance
ROANOKE VAIJLEY RESOURCE AUTHORITY
March 27, 1998
Mr. W. Robert Herbert, City Manager
City of Roanoke
215 Church Avenue, S.W., Room 364
Roanoke, VA 24011-1591
Dear Mr. Herbert:
On March 25, 1998, the Roanoke Valley Resource Authority approved its 1998/99 annual
budget. The budget totals $8,004,000 and represents a .5% increase from the 1997/98 amended
budget and a concerted effort to reduce operating costs and to maintain a stable tipping fee. The
Resource Authority has adjusted its operations to reflect the current commercial waste flow market
and has been able to maintain tipping fees for the 1998/99 fiscal year at the current levels. The
budget will also allow the continuation of the tipping fee credits to the member jurisdictions and
will implement a wood mulch fee.
In accordance with the Member Use Agreement, the Resource Authority's 1998/99 annual
budget is being submitted for the Roanoke City Council's approval. Attached is a summary of the
budget, a comparison of the budget and the bond projections. A detailed budget is available, if
additional information is needed.
The Resource Authority is committed to providing the highest quality service possible to the
City of Roanoke and the other Charter Members and their citizens, and we look forward to a
challenging future.
Sincerely,
Allan C. Robinson, Jr.
Chairman
1020 Hoilins Road Roanoke, Virginia 24012 (540) 857-5050 Fax (540) 857-5056
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 20, 1998
File ~80-242
SANDRA H. EAKIN
Deputy City Clerk
The Honorable Gerald S. Holt, Chair
Court-Community Corrections Regional
Criminal Justice Board
c/o Roanoke County Sheriff's Office
430 East Clay Street
Salem, Virginia 24153
James T. Phipps, Director
Court-Community Corrections
Program
516 East Main Street
Salem, Virginia 24153
Gentlemen:
I am enclosing copy of Resolution No. 33781-O42098 honoring those citizens and criminal
justice professionals who previously served on the Court-Community Corrections Policy
Board and the Community Corrections Resources Board. The abovereferenced measure
was adopted by the Council of the City of Roanoke at a regular meeting which was held
on Monday, April 20, 1998.
Sincerely,
Mary F. Parker, CMClAAE
City Clerk
MFP:Io
Enclosure
N:~CKLOI~AG~.WPO
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of April, 1998.
No. 33781-042098.
A RESOLUTION expressing appreciation and recognizing Mrs. Linda Blair, Mrs.
Susan Blaylock, Mr. Melville Caxico, William H. Cleveland, Esquire, the Honorable Beverly
T. Fitzpatrick, Sr., Mrs. Sandy Gates, Colonel James P. Godsey, Mrs. Nancy Geohring, Dr.
Bernard Hairston, Mr. Harry Tucker Haskins, Jr., Dr. William L. Hill, Mr. Wendell Hipkins,
the late M. David Hooper, Mr. Michael Lazurri, Mr. Dana Martin, Mrs. Wendy Moore, Dr.
Harry C. Nickens, Jr., Dr. Dreatha Phillips, Mrs. Chris Pickard, Mrs. Laura Pope, Mr. John
Rauck, Mr. Tommy Reid, Jr., Mr. Norman Sprinkle, Dr. Graham Stephens, Mr. Frank Turk,
Mr. J. Michael Vulgan and Mr. Roland Wine for their dedicated services while serving on
the Court-Community Corrections Policy Board and the Roanoke Area Community
Corrections Resources Board from 1980 through 1995.
WHEREAS, the aforementioned persons voluntarily represented the interests of the
citizens of the jurisdictions within the Roanoke Valley on the regional Court-Community
Corrections Policy Board and the Roanoke Area Community Corrections Resources Board
from 1980 through 1995;
WHEREAS, these individuals freely and willingly gave of their personal time to
enhance the quality of life for the citizens of Botetourt County, Craig County, Roanoke
County, City of Roanoke, City of Salem and Town of Vinton; and
H:~ffiA~UI~S\R-JO~8.2
WHEREAS, City Council, on behalf of its citizens, hereby extends its gratitude to
each of these individuals for their personal dedication and professional contributions to
ensure the effective implementation of the Alcohol Safety Action Program and the
Community Diversion Incentive Program, enhancing our criminal justice system's public
safety mission.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. The herein named honorees, in appreciation for their personal commitment and
professional dedication, are hereby recognized for their contributions to the criminal justice
system and the citizens of the Roanoke Valley.
2. The City Clerk is directed to forward an attested copy of this Resolution to
the Honorable Gerald S. Holt, Chairman, Court-Community Corrections Regional Criminal
Justice Board, and to James T. Phipps, Director, Court-Community Corrections Program.
ATTEST:
City Clerk.
:~EO£~VED
--Phd~/d: {540) 38?~5330
FAX: (,,54,0) 387-5570
INT:
~l'l'Y' MANAGER'S O~:~:~m: t'
~, COM
REOUEST
TO:
FROM:
VIA:
Mr. Jerry Burgess
Mr. Steve Carter
Mr. Clay Goodman
Mr. Bob Herbert
Mr. Elmer:.l.~oag ,~
Region~ Board
DATE: April 2, 1998
SUBJ': JOINT RE/~LUTION OF APPI~IATiO_~
> Previous Members of Court-Community Corrections Pol/cy Board
~ Previous Members of Comrnun/ty Corl'ections Resources Board
We are asking your consideration in requesting the adoption of a 'joint. resolution
of apprec/ation~ honoring those citizens and cr/mln~! justice profess/onals who prev/oualy
served on those Boards wh/ch were reformed under the commun/ty corrections in/t/ative.
The current Regional Board felt that it w~uld be most appropr/ate to demonstrate
appreciation for the/r years of service.
We have completed this action/n the Alleghany H/ghlands and the Rockbddge
Area~ In following the same procedures, upon adoption of the resolution by the local/ties,
the Regional Board w/ll host a luncheon at which t/me a framed copy of the resolution
(prepared by the Reg/onal Board) will be presented to the honorees. We w/il coordinate
w/th your schedules to be certa/n that you, and a member or members of your goverrdng
body, w/ll be present to asaist in th/s ceremony.
Once the resolution/s adopted please contact J/m Phipps so that he can begin
preparation of the resolution that will be framed and presented to each named honoree.
Cordially.
C:
Sheriff Gerald Holt
File
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, 8. W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
Ma~y F. Parker, CMCIAAE
City Clerk
April 23, 1998
File ~60-317
Sandra H. Eakin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
Your report with regard to the City's 1998-99 Recommended General Fund Budget, was
before the Council of the City of Roanoke at a regular meeting which was held on Monday,
April 20, 1998.
On motion, duly seconded and unanimously adopted, the 1998-99 fiscal year budget was
referred to budget study. Further discussion with regard to Local Colors and other similar
issues was also referred to 1998-99 budget study.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
N:~CKLO'I~GENDA~M:~.~O.WPO
RECEIVED
CITY CL~_R
'98 /~PR 14 /~8:06
April20,1998
Honorable David A. Bowers, Mayor and
Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Please reserve space on the April 20 agenda at 12:15 p.m. for a briefing on the FY
1998-99 Annual Update to the Consolidated Plan and at 2:00 p.m. for a briefing on the FY
1998-99 Recommended General Fund Budget.
Sincerely,
W. Robert Herbert
City Manager
cc: Mary F. Parker, 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
Mary F. Parker, CMCIAAE
City Clerk
April 20, 1998
File ~60-326
8andra H. Eakin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 33782-042098 approving the funding distribution
methodology for incentive funds to be distributed to the Fifth Planning District Regional
Alliance. The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting which was held on Monday, April 20, 1998.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
Wayne G. Strickland, Executive Director, Fifth Planning District Commission,
313 Luck Avenue, S. W., Roanoke, Virginia 24016
James D. Grisso, Director of Finance
Barry L. Key, Manager, Office of Management and Budget
Deborah J. Moses, Assistant to the City Manager for Special Projects
H:~AG~.WF~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of April, 1998.
No. 33782-042098.
A RESOLUTION approving the funding distribution methodology for incentive funds
to be distributed to the Fifth Planning District Regional Alliance.
WHEREAS, the Fifth Planning District Regional Alliance was created by local
governments to promote increased levels of interjurisdictional cooperation in order to
improve the regional economic competitiveness;
WHEREAS, the Fifth Planning District Regional Alliance was formed under the
authority of the 1996 Regional Competitiveness Act and this legislation provides incentive
funds to jurisdictions within a region that agree to participate in regional cooperative
activities;
WHEREAS, the Council of the City of Roanoke has, by resolution, made a
commitment to participate in the Fifth Planning District Regional Alliance;
WHEREAS, the Regional Competitiveness Program requires that each participating
local government within the region approve by resolution a methodology for the distribution
of incentive funds; and
WHEREAS, by a vote of those attending the March 19, 1998, meeting of the Fifth
Planning District Regional Alliance Board of Directors, it was unanimously recommended
to local governments that funds provided through the Regional Competiveness Program be
distributed to the Alliance to assist in funding regional projects as presented in the regional
Economic Strategic Plan, and that the Alliance Board must approve the use of such funds
before the funds are expended.
THEREFORE, BE IT RESOLVED that the Council of the City of Roanoke approves
the allocation of any Regional Competitiveness incentive funds to be paid to the Fifth
Planning District Regional Alliance and that such funds be used to help implement the
regional programs and projects as presented in the Economic Strategic Plan.
ATTEST:
City Clerk.
RECEIVED
APR 14 All :06
April 20, 1998
Report Number 98-07
The Honorable David A. Bowers, Mayor
and Members of Roanoke City Council
Roanoke, Virginia
SUBJECT:
Resolution to Endorse a Funding Distribution Methodology
For Incentive Funds to be Distributed to the Fifth Planning
District Regional Alliance
Dear Mayor Bowers and Members of Council:
I. Background
Roanoke City Council endorsed the City of Roanoke's participation in the
Fifth District Regional Alliance on February 3, 1997 under the authority of
the 1996 Regional Competitiveness Act.
Fifth Planning District Regional Alliance was created by the local
governments within the planning district to promote interjurisdictional
cooperation in order to improve the region's economic competitiveness.
Qualify n,q regions will receive their share of state funding based upon the
percentage of population within their region as compared to that of other
qualifying regions with the state.
The Regional Competitiveness program required that each participating local
government approve by resolution a method for the distribution of incentive
funds within the region itself.
On June 2, 1997 Roanoke City Council concurred with the recommendation
of the Board of Directors of the Regional Alliance, whereby incentive
funding would be distributed based upon the following formula:
* 90% allocation on a per capita basis
* 8 % allocation on a fiscal stress basis
* 2 % allocation to the Regional Alliance
The Honorable David A. Bowers, Mayor
and Members of City Council
April 20, 1998
Page 2
II. Current Situation
III. Issues
The Fifth District Regional Alliance will submit its strategic plan for state
qualification on May 1, 1998.
On March 19, 1998, the Board of Directors of the Regional Alliance
unanimously recommended that the funding distribution method be
amended to direct all incentive funding to the Fifth Planning District Regional
Alliance for the purpose of funding, to the extent possible, the regional
projects as presented in the Economic Strategic Plan.
The Alliance Board of Directors1 composed of representatives from local
government business, education and civic organizations, will oversee fund
allocations to planned projects, all of which will benefit multiple jurisdictions
in the region.
IV.
A.
Timing
Incentive Funds
Legal
Alternatives
City Council approve the allocation of all Regional Competitiveness incentive
funds to be paid to the Fifth Planning District Regional Alliance and that such
funds be used to implement the regional projects included in the Economic
Strategic Plan.
Timing is critical to permit inclusion of this funding methodology in the
region's application for funding due in May, 1998.
The incentive funding will directly support the specific projects which
will help improve the economic competitiveness of this region
The legal requirements of the Regional Competitiveness Act will be
met.
The Honorable David A. Bowers, Mayor
and Members of City Council
April 20, 1998
Page Three
Bo
City Council not approve the allocation of all Regional Competitiveness
incentive funds be paid to the Fifth Planning District Regional Alliance and
that such funds be used to implement the regional projects included in the
Economic Strategic Plan.
Timing would prevent this funding formula from being in place to
assure that incentive funding would be applied directly to the planned
projects.
Incentive funds could not be assured to directly support planned
project, thereby requiring that participating local governments be
approached for funding.
The legal requirements of the Regional Competitiveness Act would
not be an issue.
Recommendation
The recommendation is that City Council approve Alternative "A" to approve
the allocation of all Regional Competitiveness incentive funds be paid to the
Fifth Planning District Regional Alliance and that such funds be used to
implement the regional projects included in the Economic Strategic Plan.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/DJM/dh
CC~
City Clerk
City Attorney
Director of Finance
Manager, Office of Management and Budget
Assistant to the City Manager, Special Projects
i/REG2.WPD
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
C~ Clerk
April 20, 1998
File ~416
Sandra H. Eakin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 33783-042098 authorizing execution of a three year
contract with the Art Museum of Western Virginia for the 1998, 1999 and 2000 Sidewalk
Art Shows. The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting which was held on Monday, April 20, 1998.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Attachment
pc:
Sandra Lovinguth, Interim Executive Director, Art Museum of Western Virginia,
1 Market Square, S. E., Roanoke, Virginia 24011
James D. Grisso, Director of Finance
William F. Clark, Director, Public Works
George C. Snead, Jr., Director, Public Safety
John W. Coates, Manager, Parks and Recreation
f\
W. Robert Herbert
April 20, 1998
Page 2
pc:
Glenn A. Asher, Risk Management Officer
Shauna Hudson, Special Events Coordinator, Parks and Recreation
N:~J..O1 ~AGENDA~.~:~20.WPO
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of April, 1998.
No. 33783-042098.
A RESOLUTION authorizing the City Manager to execute a three-
year agreement with the Art Museum of Western Virginia, upon
certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. That the City Manager or the Assistant City Manager and
the City Clerk are hereby authorized, for and on behalf of the
City, to execute and attest, respectively, an agreement with the
Art Museum of Western Virginia, ~or a three-year period (1998, 1999
and 2000), in accordance with the recommendations of the City
Manager, and in substantially similar form as the agreement
attached to the City Manager's report to this Council dated April
20, 1998.
2. The form of the agreement shall be approved by the City
Attorney.
ATTEST:
City Clerk.
II:\RE$~R-A RT~IU$.CON
April 20, 1998
Council Report #98-121
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
BUBJECT=
Art Museum of Western Virginia, Sidewalk Art Show
three (3) year Contract
B~CKGROUND:
ae
The Art Museum of Western Virqinia conducts an
annual outdoor art show in the city.
Be
city support is required since the Art Museum's
show is conducted on the streets and sidewalks in
the City Market area.
Ce
A one (1) year contract was negotiated in 1996
and again in 1997 that covered the obligations by
both the Art Museum and the City.
II.
CURRENT SITUATION:
A.
The 1997 Contract between the Art Museum and the
City has expired.
Be
1998 Sidewalk Art Show is scheduled to begin on
Saturday May 30, 1998 and conclude Sunday, May
31, 1998.
Co
The proposed three year Contract (attached)
retains the City support to provide various
transportation, setup and takedown functions,
while being reimbursed for the direct costs of
these functions.
Existence of a Contract with the City will permit
the Art Museum to be exempt from local business
license tax for the Art Show activities, as
specified in the City Code, Article III, Chapter
19.
Honorable Mayor and Council Members
Sidewalk Art Show Three (3) Year Contract
April 20, 1998
Council Report #98-121, Page 2
III. I$SUE$:
A. Staff Support
B. Legal
C. Timing
IV.
/%LTERNATIVE$:
ae
City Council authorize Contract to be approved as
to form by city Attorney and signed by City
Manager.
Support by various City Departments will be
committed to the Sidewalk Art Show, Inc. for
the years 1998, 1999, and 2000.
Legal authority is vested in Council to
enter into a Contract with the Art Museum of
Western Virginia.
Timing of the signing is critical since the
1998 Sidewalk Art Show is set to open May
30, 1998.
B. city Council not authorize Contract to be
approved as to form by City Attorney and signed
by City Manager.
Staff support by various city Departments
will not be committed to the Sidewalk Art
Show, allowing staff to be utilized on other
projects.
Legal authority vested in Council to enter
into a Contract is moot.
Timing of the 1998 Sidewalk Art Show will be
unaffected.
Honorable Mayor and Council Members
sidewalk Art Show Three (3) Year Contract
April 20, 1998
Council Report ~98-121, Page 3
Ve
RECOMMENDATION is that city Council concur with
Alternative "A", and
Authorize the City Manager to execute a three
year Contract for the 1998, 1999, and 2000
Sidewalk Art Shows with the Art Museum of Western
Virginia in form approved by the City Attorney.
Respectfully submitted,
W. Robert Herbert
city Manager
WRH/jjn
Attachment
cc:
City Attorney
Director of Finance
Director of Public Works
Director of Public Safety
Manager, Parks & Recreation
Business Coordinator, Parks & Recreation
Parks & Grounds Superintendent, Parks & Recreation
City Risk Management Officer
Special Events Coordinator, Parks and Recreation
AGREEMENT
THIS AGREEMENT is made this __ day of , 1998,
between the CITY OF ROANOKE, VIRGINIA ("City") and ART MUSEUM OF
WESTERN VIRGINIA, a Virginia non-stock corporation ("Licensee").
WHEREAS, Licensee has, for several years, operated The
Sidewalk Art Show ("Event") which benefits the residents of the
Roanoke Valley by enhancing the cultural and social opportunities
available in the area; and
WHEREAS, Licensee intends to continue to promote the Event
during the current fiscal year; and
WHEREAS, City has, in the past, provided in-kind support to
Licensee; and
WHEREAS, the parties to this Agreement desire to formalize the
arrangement between City and Licensee with respect to the Event.
W I T N E S S E T H:
IN CONSIDERATION of the mutual covenants contained in this
Agreement, City and Licensee agree as follows:
1. Term: This agreement shall commence on the date indicated
above and, unless terminated in accordance with the provisions
of this Agreement, shall extend until June 30, 2000.
2. Event: Event shall be defined as the marketing of finished
works of art to the public on May 30, and May 31, 1998, June
5, and 6, 1999, and June 3 and 4, 2000, in the area described
in Paragraph No. 2 of the Assembly Permit issued to the Docent
Guild of the Art Museum of Western Virginia. Works of art
shall include paintings, sketches, photographs and sculpture.
Support: The City shall pledge to Licensee to provide labor
and equipment to transport art displays from storage, set up
such displays where instructed prior to the Art Show, take
down displays at the conclusion of the show, and transport
displays back to storage. Licensee agrees to reimburse the
City within thirty (30) days after discussions with the City
and Licensee's receipt of an invoice detailing charges and
expenses claimed.
The City reserves the right to decline any specific
requested support. If, in the sole opinion of the Manager of
the Parks and Recreation Department, the request cannot be
fulfilled without disrupting City operations, the request may
be declined or modified to an impact level which is acceptable
to the City.
Accountinq Related to Event: Licensee shall provide the
following information to the City Clerk no later than July 21
of any calendar year in which this Agreement is in force: A
complete certified statement setting forth all gross receipts,
expenses, and net revenues, including underwriting and
contributions for the Event.
Taxes: Licensee shall pay all applicable taxes and fees
imposed by all federal, state and local laws and ordinances.
City Representatives: The Special Events Coordinator, or the
person serving in such capacity, shall be designated to serve
as the City's representative to the Event. This
representative will serve as coordinator between the City and
Licensee, expediting all requests.
Provision of Information: Licensee shall provide the City
with the name, address, and telephone number of all vendors,
as well as the nature of the service that they are providing,
whose address is within the Roanoke City limits. Such
information shall be provided to the Commissioner of the
Revenue, 215 Church Avenue, S.W., Roanoke, Virginia 24011, as
soon as practical, but no later than June 16, 1998. Any
vendor information supplied to the City shall be held as
confidential, to the extent permitted by law, and shall be
utilized only for official City business.
Insurance: Licensee shall obtain and maintain, until the
conclusion of the last day of the Event, commercial general
liability insurance with minimum limits of One Million Dollars
($1,000,000.00) per occurrence and One Million Dollars
($1,000,000.00) aggregate, One Million Dollars ($1,000,000.00)
products-completed operations, One Million Dollars
($1,000,000.00) personal and advertising injury, Fifty
Thousand Dollars ($50,000.00) fire damage, and Five Thousand
Dollars ($5,000.00) medical payments. The policy shall be an
"occurrence" type policy from an insurance company licensed to
do business in the State of Virginia with a Best Rating of A
or better. Licensee shall obtain and maintain workers'
compensation in statutory limits as required by state law.
Workers' compensation coverage shall contain a waiver of
subrogation in favor of the City. If any organization co-
sponsors with Licensee any activity concurrently with the
Event, such co-sponsoring organization shall provide the City
with proof of commercial general liability insurance of at
least One Million Dollars ($1,000,000.00) for the co-sponsored
event. Licensee and any co-sponsoring organization shall name
the City, its officers, agents, employees and volunteers as
additional insureds as their interests may appear on the
appropriate liability policies. At least thirty (30) days
prior to the commencement of the Event, both licensee and co-
sponsors shall furnish to City certificates evidencing the
required insurance coverage and expressly providing that such
coverage shall not be canceled or materially altered except
after thirty (30) days prior notice to City. All insurance
correspondence shall be sent to the City of Roanoke, c/o Risk
Management Officer, Room 506, Municipal Building North,
Roanoke, Virginia, 24011.
Indemnification and Allocation of Risk: Licensee agrees to be
responsible for and pay, indemnify and hold harmless City, its
officers, agents, employees and volunteers against any and all
loss, cost or expense, including reasonable attorneys' fees,
and other costs of defense, resulting from any claim or legal
action of any nature whatsoever, whether or not reduced to a
judgment, for any liability of any nature whatsoever that may
arise against City in connection with the Event or in
connection with any of the rights and privileges granted by
4
10.
11.
City to Licensee in this Agreement, including, without
limitation, personal injury, wrongful death or property damage
claims, any patent, trademark, franchise, copyright, libel or
defamation claim or suit, any claim or suit based upon
Licensee's or Licensee's agents', servants', employees',
volunteers', vendors' or invitees' intentional or negligent
acts or omissions, and any claims, fines or penalties
resulting from improper use, storage, release or disposal on
City property of any substance regulated under any federal,
state or local law, regulation or ordinance; except that
Licensee shall not indemnify City for any liability or expense
which results solely from the City's, its employees' or
agents' own acts or omissions. Licensee specifically agrees
to indemnify and hold City harmless from any and all claims,
losses or expenses, including reasonable attorney's fees,
incurred with regard to copyrighted materials during the
Event.
Transporting Property: Transporting of equipment or property
by City for Licensee shall be at the Licensee's sole expense
and risk. Licensee agrees to hold City harmless for any
damage to or loss of any equipment or property transported in
accordance with this paragraph.
Compliance with Laws and Requlations: Licensee shall comply
with all laws, ordinances and regulations adopted or
established by federal, state or local governmental agencies
or bodies and with all applicable City rules and regulations,
5
and Licensee shall require that its agents, employees,
contractors or subcontractors do likewise.
12. Licenses and Permits: Licensee shall pay promptly all
applicable taxes and fees and obtain all licenses or permits
as required by federal, state or local laws and ordinances and
Licensee shall provide evidence of compliance with such
federal, state and local laws and ordinances upon demand
therefor by City.
13. Action in Public Interest: Licensee agrees that it is the
policy of City to serve the public in the best possible manner
and Licensee agrees that it, its employees and agents shall at
all times cooperate with City in effecting this policy and
maintaining the public faith.
14. Agreement to Quit Premises; Damage to Premises: Licensee
agrees to quit all City property at the conclusion of the
Event and to leave all City property in the same condition as
at the commencement of the Event, ordinary wear and tear
excepted. After discussing the matter with the City's
representative and, if requested, with the City Manager,
Licensee shall pay on demand to City in cash the full cost of
repairing to good condition or restoring to good condition any
City property reasonably deemed by City to have been damaged
as a result of or arising out of Licensee's use of the
15.
property.
Assiqnment:
or interest
Licensee shall not assign or transfer any right
under this Agreement, including, without
limitation, the right to receive any payment, without City's
prior written approval of satisfactory evidence of such
assignment and Licensee agrees that any such assignment
without prior written approval of City shall be null and void.
16. Notice: Notice to City required or permitted by this
Agreement shall be hand-delivered or sent by certified mail,
return receipt requested, to City of Roanoke, Department of
Parks and Recreation, c/o Special Events Coordinator, 210
Reserve Avenue, S.W., Roanoke, Virginia 24016. Notice to
Licensee required or permitted by this Agreement shall be
hand-delivered to 1 Market Square, S.E., Roanoke, Virginia
24011, or sent by certified mail, return receipt requested, to
Licensee at 1 Market Square, S.E., Roanoke, Virginia 24011.
Notice mailed in accordance with this paragraph shall be
deemed received upon mailing.
17. Relationship to Other Parties: It is not intended by any of
the provisions of any part of this Agreement to confer a
benefit upon any other person or entity not a party to this
Agreement or to authorize any person or entity not a party to
this Agreement to maintain a suit pursuant to the terms or
provisions of this Agreement, including, without limitation,
any claim or suit for personal injuries, property damage or
loss of profits or expenses.
18. Non-Discrimination: In the performance of this Agreement,
Licensee shall not discriminate against any contractor,
subcontractor, sublessee, employee, applicant for employment
19.
or invitee because of race, religion, color, sex or national
origin except where race, religion, color, sex or national
origin is a bona fide occupational qualification reasonably
necessary to the normal operation of Licensee.
Termination of Agreement: Either party may terminate this
Agreement upon thirty (30) days written notice to the other
party. In the event of such termination, the City shall not
be obligated to reimburse Licensee for any costs incurred
after the effective date of such termination notice.
ATTEST:
CITY OF ROANOKE, VIRGINIA
City Clerk
By
Its
ATTEST:
ART MUSEUM OF WESTERN VIRGINIA
Secretary
By.
Its Executive Director
Approved as to form:
Approved as to execution:
Assistant City Attorney
\AGRE ~A-ART-~U.U~A
Assistant City Attorney
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
April 20, 1998
File #352
Sandra H. Eakin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 33784-042098 authorizing execution of Amendment
No. 1 to the three-year agreement with Roanoke Festival in the Park, Inc. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, April 20, 1998.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Attachment
pc:
Wendi Schultz, Executive Director, Roanoke Festival in the Park, Inc., P. O. Box
8276, Roanoke, Virginia, 24014
James D. Grisso, Director of Finance
William F. Clark, Director, Public Works
George C. Snead, Jr., Director, Public Safety
John W. Coates, Manager, Parks and Recreation
N:~CKLO'I La~ENDAg~adaR20.WPO
W. Robert Herbert
April 20, 1998
Page 2
pc:
Glenn A. Asher, Risk Management Officer
Dana D. Long, Chief, Billings and Collections
Shauna Hudson, Special Events Coordinator, Parks and Recreation
N:~CKLO1 ~AGENI3A~.WPO
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of April, 1998.
No. 33784-042098.
A RESOLUTION authorizing t~e City Manager to execute Amendment
No. 1 to the three-year agreement with Roanoke Festival in the
Park, Inc., upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. That the City Manager or the Assistant City Manager and
the City Clerk are hereby authorized, for and on behalf of the
City, to execute and attest, respectively, Amendment No. 1 to the
three-year agreement with Roanoke Festival in the Park, Inc.,
authorizing the City to increase its in-kind support to $54,719.00,
utilizing a 2.75% Consumer Price Index Annual Escalator, said
Amendment No. 1 to be substantially similar in form to the
amendment attached to the City Manager's report dated April 20,
1998, to this Council.
e
Attorney.
The form of the amendment shall be approved by the City
ATTEST:
City Clerk.
RECElq'E~
CITY CL- .....
F. I" ',.
'98 APR 13 P z :45
April 20, 1998
Council Report #98-123
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
8UBJECT~
Amendment to Roanoke Festival in the Park, Inc. three
(3) year Contract
BACKGROUND:
ae
Roanoke Festival in the Park, conducts the largest
annual outdoor event in the City. 1998 will be its
29th year.
Be
substantial city exposure occurs since Festival in the
Park is operated almost exclusively on City property.
Co
The first Agreement between Festival in the Park and
the city was executed in 1991 with the City pledging
$45,000.00 in annual in-kind support.
A three (3) year Contract was negotiated in 1996. It
covered the 1996 and 1997 Festivals, and is also in
effect for the 1998 Festival.
II.
CURRENT SITUATION:
ae
During 1996 Festival in the Park, an incident occurred
which resulted in legal action by an individual
claiming violation of constitutional rights.
Be
city Attorney believes that in light of the 1996
incident, the interests of the City should be better
protected.
Ce
Insurance covering claims arising out of alleged
constitutional violations is not easily available in
the marketplace.
De
Strengthening of indemnification clause in the current
Contract should serve to reduce the City's exposure,
should another incident occur.
Ee
Festival in the Park has not received an increase in
the level of in-kind support since the first contract
was executed in 1991.
Honorable Mayor and Council Members
Amendment to Festival in the Park Contract
April 20, 1998
Council Report #98-123, Page 2
Fo
1998 Festival in the Park is scheduled to begin on May
22, 1998.
A®
B.
C.
D.
Financial Exposure
Legal
Timing
Level of Support
IV. /%LTERNATIVE$:
A. City Council authorize Contract Amendment to be
approved as to form by City Attorney and signed by
City Manaqer.
me
Financial exposure to the City would be lessened
should an incident similar to that which occurred
in 1996 happen again to the extent that Festival
in the Park stands behind its contractual
obligations to indemnify the City.
Legal authority is vested in Council to amend
existing Contract with Festival in the Park, Inc.
Timing of the signing is critical since the 1998
Festival in the Park is set to open May 22, 1998.
Level of support to Festival in the Park would be
affirmed by increasing 1998 in-kind support to
$54,719.00. Utilizing a 2.75% Consumer Price
Index Annual Escalator, this would equate to the
original $45,000.00 pledged in 1991. Funding to
support Festival in the Park is available in the
various operating department budgets that provide
the in-kind support.
Be
City Council not authorize Contract Amendment to be
approved as to form by City Attorney and signed by
city Manager.
Honorable Mayor and Council Members
Amendment to Festival in the Park Contract
April 20, 1998
Council Report #98-123, Page 3
Financial exposure to the city would not be
lessened should an incident similar to that which
occurred in 1996 happen again to the extent that
Festival in the Park stands behind its
contractual obligations to indemnify the City.
Legal authority vested in Council to amend a
Contract is moot.
Timing of the 1998 Festival in the Park will be
unaffected.
Level of support to Festival in the Park would
remain at $45,000.00, the same amount as pledged
in 1991.
Ve
RECOI,~ENDATION:
City Council concur with Alternative "A" and
Authorize City Manager to execute the Contract
Amendment with Festival in the Park in form
approved by the city Attorney.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/jjn
Attachment
City Attorney
Director of Finance
Director of Public Works
Director of Public Safety
Manager, Parks & Recreation
Business Coordinator, Parks & Recreation
Recreation Superintendent, Parks & Recreation
Parks & Grounds Superintendent, Parks & Recreation
City Risk Management Officer
Chief, Billings and Collections
Special Events Coordinator, Parks and Recreation
Wendi Schultz, Festival in the Park
AMENDMENT NO. 1 TO THE
AGREEMENT BETWEEN THE CITY OF ROANOKE
AND
ROANOKE FESTIVAL IN THE PARK
19
and
THIS AMENDMENT entered into this day of
__, by and between the following parties:
City of Roanoke (herein called the "City")
215 Church Avenue, $.W.
Roanoke, Virginia 24011
Roanoke Festival in the Park
(herein called "Licensee")
P.O. Box 8276
Roanoke, Virginia 24014.
WHEREAS, the City and Licensee have, by Agreement dated May
23, 1996 ("Agreement"), contracted for the operation of Festival in
the Park which benefits the residents of the Roanoke Valley by
attracting tourism to the City and surrounding areas; and
WHEREAS, the parties to this Agreement desire to amend the
Agreement:
NOW, THEREFORE, the City and Licensee do mutually agree to
amend the Agreement by the following and no other:
3. Financial Support: For the Event scheduled to be held in
1998, the City shall grant to Licensee credit in an amount not
to exceed $54,719.00. Any increase in credit as set forth in
this paragraph when compared to the credit agreed to in the
Agreement dated May 23, 1996, is based solely upon changes in
the consumer price index. Such increase is not intended to
provide additional services for new events or activities not
previously served by City personnel. Licensee may use such
credit to offset utility, labor, and equipment usage charges
and related expenses which Licensee incurs with the City in
relation to the Event. A recap of the amount of credit used
for an Event shall be provided to the Licensee no later than
October 31 of the year that the Event took place. During any
fiscal year, if Licensee's charges with the City may exceed
$54,719.00, the City and Licensee shall discuss such proposed
charges before such are incurred, and Licensee agrees to
reimburse the City within ten (10) days after discussions with
the City and Licensee's receipt of an invoice detailing
charges and expenses claimed due. In return for its support
of the Event, the City shall receive name recognition as a
contributor to the Event on the official brochure and Schedule
of Events.
The City reserves the right to decline any specific
requested support. If, in the sole opinion of the Manager of
the Parks and Recreation Department, the request cannot be
fulfilled without disrupting City operations, the request may
10.
11.
be declined or modified to an impact level which is acceptable
to the City. Requests for support not provided in previous
years shall be answered within fourteen days (14) of receipt
of the request. Notification of reduction or elimination of
support provided in previous years shall be given to the
Licensee by January 1 of the year that the support would have
been expected.
Insurance: Licensee shall obtain and maintain, until the
conclusion of the last day of the Event, commercial general
liability insurance with minimum limits of One Million Dollars
($1,000,000.00) per occurrence and Two Million Dollars
($2,000,000.00) aggregate to include Five Thousand Dollars
($5,000.00) medical payments. The policies shall be
"occurrence" type policies from an insurance company or
companies licensed to do business in the State of Virginia
with a Best Rating of A or better. Licensee shall obtain and
maintain workers' compensation in statutory limits. Licensee
shall obtain and maintain Employer's liability insurance in
the following amounts: $100,000.00 (each accident/injury);
$500,000.00 (each employee/disease) and $100,000.00 (disease
policy limit). Workers' compensation and employers' liability
coverages shall contain a waiver of subrogation in favor of
the City. If any organization co-sponsors with Licensee any
race, athletic tournament or similar sporting activity
concurrently with the Event, such co-sponsoring organization
shall provide the City with proof of commercial general
liability insurance of at least One Million Dollars
($1,000,000.00) for the co-sponsored event. Licensee and any
co-sponsoring organization shall name the City, its officers,
agents, employees and volunteers as additional insureds as
their interests may appear on the appropriate liability
policies. At least thirty (30) days prior to the commencement
of each year's Event, both Licensee and co-sponsors shall
furnish to City certificates evidencing the required insurance
coverage and expressly providing that such coverage shall not
be canceled or materially altered except after thirty (30)
days prior notice to City. All insurance correspondence shall
be sent to the City of Roanoke, c/o Risk Management Officer,
Room 506, Municipal Building North, Roanoke, Virginia, 24011.
Indemnification and Allocation of Risk: Licensee agrees and
binds itself and its successors and assigns to be responsible
for, indemnify, and keep and hold the City and its officers,
employees, agents, volunteers and representatives free and
harmless from any liability, loss, cost or expense, including
reasonable attorneys' fees and other costs of defense,
resulting from any claim or legal action of any nature
whatsoever, whether or not reduced to a judgment, on account
of any injury or damage of any type to any person or property,
including, without limitation, personal injury, wrongful death
or property damage claims, any patent, trademark, franchise,
2
copyright, libel or defamation claim or suit, deprivation of
civil or constitutional rights, or any claim or suit based
upon Licensee's or Licensee's agents', servants', employees',
volunteers' performers', or invitees' intentional or negligent
acts or omission, and any claims, fines or penalties resulting
from improper use, storage, release or disposal on City
property of any substance regulated under any federal, state
or local law, regulation or ordinance, growing out of or
directly or indirectly resulting from (a) any act or omission
of Licensee, its officers, employees, agents, volunteers,
representatives, and performers, including Licensee's use of
the streets of the City, Elmwood Park, or other public
property, (b) Licensee's conducting the Event, (c) the
exercise of any right or privilege granted by or under this
Agreement, or (d) the failure, refusal or neglect of Licensee,
its officers, employees, agents, volunteers, representatives,
and performers, to perform any duty imposed upon or assumed by
Licensee by or under this Agreement. In the event that any
suit or proceeding shall be brought against the City or any of
its officers, employees, agents, volunteers or representatives
at law or in equity, either independently or jointly with
Licensee on account thereof, Licensee, upon notice given to it
by the City or any of its officers, employees, agents,
volunteers or representatives, will either make arrangements
for defense of the City's interests and those of its officers,
employees, agents, volunteers or representatives, or pay all
costs of defending the City and any of its officers,
employees, agents, volunteers or representatives in any such
action or other proceeding, the decision to provide said
defense or indemnification for defense-related costs to be in
the sole discretion of the City. In the event of any
settlement or any final judgment being awarded against the
City or any of its officers, employees, agents, volunteers or
representatives, either independently or jointly with
Licensee, then Licensee will pay such settlement or judgment
in full or will comply with such decree, pay all costs and
expenses of whatsoever nature and.hold the City and any of its
officers, employees, agents, volunteers or representatives
harmless therefrom. The preceding notwithstanding, Licensee
shall not indemnify City for any liability or expense which
results from the City's, its employees' or agents' own acts or
omissions. Licensee specifically agrees to indemnify and hold
City, and its officers, employees, agents, volunteers and
representatives, harmless from any and all claims, losses or
expenses, including reasonable attorney's fees, incurred with
regard to performance of copyrighted materials from the Event.
The Agreement dated May 23, 1996, shall remain unchanged in
all other terms and provisions.
3
IN WITNESS WHEREOF, the City and Licensee have executed this
Amendment as of the date first written above.
ATTEST:
CITY OF ROANOKE, VIRGINIA
City Clerk
By
Its
WITNESS:
ROANOKE FESTIVAL IN THE PARK
By.
Its
Approved as to form:
Approved as to execution:
Assistant City Attorney
Assistant City Attorney
4
I{;'xAGREEXA M D-FES'r,H
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 23, 1998
File #5-60-472
SANDRA H. EAKIN
Deputy City Clerk
Wayne E. Williams, Fleet Sales
Magic City Motor Corporation
P. O. Box 12807
Roanoke, Virginia 24028
Thomas B. Burton
Sales Representative
Highway Motors, Inc.
5307 Peters Creek Road, N. W.
Roanoke, Virginia 24019
Gerald K. Brubaker, Sales Manager
General Truck Body Co., Inc.
1919 Tenth Street, N. W.
Roanoke, Virginia 24012
Gentlemen:
I am enclosing copy of Resolution No. 33786-042098 accepting the bid of Magic City
Motor Corporation for one new full size four-wheel drive pickup track and two new mid-size
pickup trucks, in the amount of $58,767.10; accepting the bid of Highway Motors, Inc., for
one new two ton truck cab/chassis, in the amount of $30,253.00; and accepting the bid of
General Truck Body Co., Inc., for one new heavy duty service truck body and two Iow
profile utility bodies, in the amount of $10,470.00. The abovereferenced measure was
adopted by the Council of the City of Roanoke at a regular meeting which was held on
Monday, April 20, 1998.
Sincerely, ~~
Mary F. Parker, CMCIAAE
City Clerk
H:~,GENDAG~IU=q~.W'PO
Wayne E. Williams
Thomas B. Burton
Gerald K. Brubaker
April 23, 1998
Page 2
MFP:Io
Enclosure
pc:
W. Robert Herbert, City Manager
Kit B. Kiser, Director, Utilities and Operations
William F. Clark, Director, Public Works
Barry L. Key, Manager, Office of Management and Budget
James A. McClung, Manager, Fleet Management
Samuel Hayes, III, Manager, Utility Line Services
D. Darwin Roupe, Manager, Supply Management
H:~AGENOAg~AF~20.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
April 23, 1998
File #5-60-472
SANDRA H. EAKIN
Deputy City Clerk
Ralph L. Ely, Quotations Manager
Special Fleet Service
P. O. Box 990
Hamsonburg, Virginia 22801
Billy C. W. Calhoun
Assistant Salsa Manager
Truck Body Coqxgation
P. O. Box 10906
Lynchburg, Vir~nia 24506
Deborah M. Beck, Secrcutry
Cavalier Equipment Corporation
P. O. Box 310
Cloverdal¢, Vir~nia 24077-0310
Eric T. Rocchiccioli
Sales Manager
Virginia Public Works Equipment Co.
2101 Loumour Avenue
Richmond, Virginia 23230
J. B. Colley, President
Riclunond MachinaT & Equipment Co.
P. O. Box 6588
Richmond, Vir~nia 23230
Dear Ms. Be~k and
I am inclosing copy of Resol~on No. 33786-042098 acc~ting th~ bids of Magic City Motor Corporation,
Highway Motor~, Inc. and General Tn~k Body Co., Inc., for furnishing and delivering trucka and related
equipment; and reje~ing all other bids made to thc City. The abovereferenoxl measure was adopted by thc
Council of the City of Roanoke at a regular meeting which was held on Monday, April 20, 1998.
On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the
abovedes~bed ve~i~tlar equipment.
Mary F. Parker, CMC/AAE
city Clerk
Ml~:lo
Enclosure
N:~CK, L01 ~AQ~.WI:~
IN THECOUNCIL OF THE CITY OF ROANOKE, VIRGINI&
The 20th day of April, 1998.
No. 33786-042098.
A RESOLUTION accepting bids made to the City for furnishing and delivering trucks and
related equipment upon certain terms and conditions; and rejecting all other bids made to the City.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The bids in writing of the following named bidders to furnish to the City the items
hereinafter set out and generally described, such items being more particularly described in the
City's specifications and any alternates and in each bidder's proposal, are hereby ACCEPTED, at
the purchase price set out with each item:
Item Quantity and Description Successful Bidder Total Purchase
Number Price
I One (1) new full-size 4-wheel drive pickup tmek and Magic City Motor Corporation $58,767.10
two (2) new mid-size pickups
2 One (1) new 2-ton truck cab/chassis Highway Motors, Inc. $303253.00
3 One (1) new heavy duty service track body and two Oeneral Truck Body Company, Inc. $10,470.00
(2) low profile utility bodies
2. The City's Manager of Supply Management is hereby authorized to issue the requisite
purchase orders and related documents therefor, incorporating into said orders the City's
specifications, the terms of said bidders' proposals and the terms and provisions of this Resolution.
3. Any and all other bids made to the City for the aforesaid procurement are hereby
REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the
City's appreciation for such bid.
ATTEST:
City Clerk.
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
Ma~y F. Parker, CMCIAAE
C~y Clerk
April 23, 1998
File #5-60-472
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 33785-042098 amending and reordaining certain
sections of the 1997-98 Utility Line Services Appropriations, providing for appropriation
of $71,333.00, for the purchase of trucks and related equipment. The abovereferenced
measure was adopted by the Council of the City of Roanoke at a regular meeting which
was held on Monday, April 20, 1998.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Attachment
pc;
W. Robert Herbert, City Manager
Kit B. Kiser, Director, Utilities and Operations
William F. Clark, Director, Public Works
Barry L. Key, Manager, Office of Management and Budget
James A. McClung, Manager, Fleet Management
N:~K[.O1 ~AGENDA~0.W~:~O
James D. Grisso
April 23, 1998
Page 2
pc:
Samuel Hayes, III, Manager, Utility Line Services
D. Darwin Roupe, Manager, Supply Management
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of April, 1998.
No. 33785-042098.
AN ORDINANCE to amend and reordain certain sections of the 1997-98 Utility
Line Services 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 Utility Line Services Fund Appropriations, be, and the
same are hereby, amended and reordained to read as follows, in part:
Appropriations
Capital Outlay (1) ..........................................
Retained Earnings
Retained Earnings - Unrestricted (2) ...........................
1) Vehicular Equipment (016-056-2626-9010) $71,333
2) Retained Earnings (016-3336) (71,333)
$ 582,557
$ 2,049,020
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
RECE~¥EP,
Roanoke, Virginia
'98 /~PR t 3 P,'t :45April 20, 1998
98-326
Honorable David A. Bowers, Mayor
and Members of City Council
Dear Mayor Bowers and Members of Council:
SUBJECT:
Bids to Purchase Trucks and
Related Equipment
Bid No. 98-3-50
I. Background on the subject in chronological order is:
Capital Maintenance and Equipment Replacement Program has identified
the need to replace some Trucks and Related Equipment in the Police
Department and Utility Line Services Department.
Specifications were developed and along with a Request for Quotation,
were sent to nineteen (19) Truck Cab/Chassis and Body dealers. The bid
advertisement was posted on the City's Bid Board and also published in
The Roanoke Times and The Roanoke Tribune.
Bids appropriately received were publicly opened and read at 2:00 p.m.
on March 27, 1998 in the Office of the Manager of Supply Management.
II. Current Situation is:
Six (6) bid responses were received. A tabulation of those responses is
attached to this report.
All bids received were evaluated by representatives of the following
departments:
Public Works
Fleet Management
Utility Line Services
Supply Management
C. Bid evaluation are as follows:
Item #1 - One (1) new Full Size 4-Wheel Drive Pickup Truck for the
Police Department-Mounted Patrol Division. One (1) bid was
received for this unit. That bid, submitted by Magic City Motor
Corporation meets all required specifications for a total cost of
$28,157.10.
Trucks and Related Equipment
Page 2
Bid No. 98-3-50
Item #2 - One (1) new 2-Ton Truck Cab/Chassis for Utility Line
Services. The lowest bid, submitted by Highway Motors, Inc., of
Roanoke, Virginia meets all required specifications for a cost of
$30,253.00.
Item #3 - One (1) Heavy Duty Service Body to be mounted on Item
#2. The lowest bid submitted by General Truck Body Company,
Inc. of Roanoke, Virginia meets all required specifications for a
cost of $5,280.00.
Item #4 - Two (2) new Mid-Size, Extended Cab Pickup Trucks
Cab/Chassis for Utility Line Services. One (1) bid was submitted
for these units. That bid submitted by Magic City Motor
Corporation of Roanoke, Virginia meets all required specifications
for a cost of $15,305.00 per unit.
Item #5 - Two (2) new Low Profile Utility Bodies to be mounted on
above Cab/Chassis. The lowest bid, submitted by General Truck
Body Company, Inc. of Roanoke, Virginia, meets all required
specifications for a cost of $2,595.00 per unit.
II1. Issues in order of importance are:
1. Need
2. Compliance with Specifications
3. Funding
IV. Alternatives in order of feasibility are:
City Council authorize the purchase of Trucks & Related Equipment as
follows:
One (1) new Full Size 4-Wheel Drive Pickup Truck from Magic City
Motor Corporation for a total cost of $28,157.10.
One (1) new 2-Ton Truck Cab/Chassis from Highway Motors, Inc.
for a total cost of $30,253.00.
Trucks and Related Equipment
Bid No. 98-3-50
Page 3
One (1) Heavy Duty Service Body to be mounted on above
Cab/Chassis from General Truck Body Company, Inc. for a total
cost of $5,280.00.
Two (2) new Mid-Size Extended Cab Pickup Trucks Cab/Chassis
from Magic City Motor Corporation for a total cost of $30,610.00.
Two (2) new Low Profile Utility Bodies, to be mounted on above
Cab/Chassis, from General Truck Body Company, Inc. for a total
cost of $5,190.00.
Need for above requested equipment is necessary to
properly perform assigned duties for the Police and Utility
Line Services departments.
Compliance with Specifications are met by all of the
equipment identified in this alternative.
Funding - $28,157 is available in Fleet Management
Account 017-052-2642-9010. $71,333 is available in Utility
Line Services Retained Earnings.
B. Reject all Bids.
Need to replace old and wornout existing equipment would not be
met by this alternative.
Compliance with Specifications would not be a factor in this
alternative.
Funding designated for this equipment would not be expended at
this time with this alternative.
Recommendation
A.
Council concur with Alternative "A", to authorize the purchase of Trucks
and Related Equipment as follows:
One (1) new Full Size 4-Wheel Drive Pickup and Two (2) new Mid-
Size Pickups by Magic City Motor Corporation for a total cost of
$58,767.10.
Trucks and Related Equipment
Page 4
Bid No. 98-3-50
CC~
One (1) new 2-Ton Truck Cab/Chassis to Highway Motors, Inc. for
a total cost of $30,253.00.
One (1) Heavy Duty Service Truck Body and Two (2) Low Profile
Utility Bodies to General Truck Body Company, Inc. for a total cost
of $10,470.00.
Appropriate $711333 from Utility Line Services Retained Earnings to Utility
Line Services Account 016-056-2626-9010.
Reject all other Bids.
Respectfully Submitted,
W. Robert Herbert,
City Manager
City Attorney
Director of Finance
City Clerk
Director, Utilities & Operations
Director, Public Works
Management & Budget
Manager, Fleet Management
Manager, Utility Line Services
Manager, Supply Management
BID TABULATION
Bids received and opened in the Office of Supply Management, 2:00 p.m., March 27, 1998
For
Trucks and Related Equipment
Bid No. 98-3-50
Cavalier Equipment
Corporation
Magic City Motor
Corporation
Highway Motors, Inc.
Item No. 1
One (1) new Full Size Crew Cab, 4-
Wheel Drive Pickup Truck
Item No. 2
One (1) new 2-Ton Truck Cab/Chassis,
24,500 G.V.W.
Item No. 3
One (1) new Heavy Duty Service Body
to be mounted on Item No. 2
Cab/Chassis
Item NO. 4
Two (2) new Mid-Size Extended Cab,
Pickup Truck Cab/Chassis
Item No. 5
Two (2) new Low Profile Utility Bodies
to be mounted on Item No. 4
Cab/Chassis
N/B
N/B
* $28,157.10 N/B
$30,478.52
$30,253.00
$6,446.20 N/B N/B
$15,305.00 each
N/B
N/B
$3,470.23 each N/B N/B
Delivery
Committee:
60-90 Days 60-90 Days 30 Days
William F. Clark ( James A. McCiung
* Indicates Recommendation
D. Darwin Roupe
BID TABULATION
Bids received and opened in the Office of Supply Management, 2:00 p.m., March 27, 1998
For
Trucks and Related Equipment
Bid No. 98-3-50
General Truck Body
Company, Inc.
Truck Body Corporation
Special Fleet
Services, Inc.
Item No. 1
One (1) new Full Size Crew Cab, 4-
Wheel Drive Pickup Truck
Item No. 2
One (1) new 2-Ton Truck Cab/Chassis,
24,500 G.V.W.
Item NO. 3
One (1) new Heavy Duty Service Body
to be mounted on Item No. 2
Cab/Chassis
Item No, 4
Two (2) new Mid-Size Extended Cab,
Pickup Truck Cab/Chassis
Item NO, 5
Two (2) new Low Profile Utility Bodies
to be mounted on Item No. 4
Cab/Chassis
N/B
N/B
$5,280.00
N/B
$2,595.00 each
N/B
N/B
$5,771.00
N/B
N/B
N/B
N/B
$7,837.00
N/B
$4,161.00 each
Delivery 45 Days 90 Days 120-150 Days
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
April 23, 1998
File ~60-67-268-472
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 33787-042098 amending and reordaining certain
sections of the 1997-98 General Fund Appropriations, providing for appropriation of
$59,890.00 for the purchase of a vacuum litter collection vehicle. The abovereferenced
measure was adopted by the Council of the City of Roanoke at a regular meeting which
was held on Monday, April 20, 1998.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Attachment
pc:
W. Robert Herbert, City Manager
William F. Clark, Director, Public Works
John W. Coates, Manager, Parks and Recreation
Barry L. Key, Manager, Office of Management and Budget
D. Darwin Roupe, Manager, Supply Management
N:~CK)-OI~QENDAg~AF~2~.WPO
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of April, 1998.
No. 33787-042098.
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:
A~3Dropdations
Public Works $ 25,787,630
Parks and Grounds Maintenance (1) ............................ 4,393,037
Fund Balance
Reserved for CMERP - City (2) .................................. $ 2,777,918
1) Other Equipment (001-052-4340-9015) $59,890
2) Reserved for
CMERP - City (001-3323) (59,890)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
Roanoke, Virginia
April 20, 1998 RECEiV£D
98-327
Honorable David A. Bowers, Mayor
and Members of City Council
Dear Mayor Bowers and Members of Council:
'98 /~PR 14 /~11 :Od
SUBJECT:
Bid to purchase Vacuum Litter
Collecting Vehicle,
Bid No. 98-2-60
I. Backqround on the subject in chronological order is:
II.
III.
Capital Maintenance and Equipment Replacement Program has identified
the need for a Litter Collection Vehicle for Parks/Grounds Department.
Specifications were developed and along with Request for Quotations
were sent to Seven (7) providers of such equipment. The bid
advertisement was posted on the City's Bid Board and was also published
in The Roanoke Times and The Roanoke Tribune.
Bids were received until 2:00 p.m. on March 13, 1998 at which time all
bids appropriately received were publicly opened and read in the Office of
the Manager of Supply Management.
It is necessary for City Council to appropriate Funds designated in the
Capital Maintenance and Equipment Replacement Program.
Current Situation is:
Only One (1) bid response was received. That bid, submitted by Virginia
Public Works Equipment Company, Richmond, Virginia meets'all
requirements of the specifications for a cost of $59,890.00.
The bid received was evaluated by representatives of Public Works,
Parks and Grounds and Supply Management.
Issues in order of importance are:
A. Need
B. Compliance with Specifications
C. Funding
Vacuum Lifter Collecting Vehicle
Bid No. 98-2-60
Page 2
IV.
Alternatives in order of importance are:
City Council appropriate funding for One (1) new Vacuum Litter Collecting
Vehicle from Virginia Public Vehicles Equipment Company for the total
cost of $59,890.00.
Need for the requested unit is to more successfully collect all types
of litter throughout the City in a more timely fashion.
Compliance with Specifications is met by the unit proposed in this
alternative.
Funding is available in Current Year Capital Maintenance and
Equipment Replacement Program to provide for this purchase.
B. Reject the Bid.
Need for continuous Litter Collecting Program will not be
accomplished in the most expedient manner with this alternative.
Compliance with Specifications would not be a factor with this
alternative.
Funding designated for this purchase would not be expended at
this time with this alternative.
Recommendation
Council concur with Alternative "A" to appropriate $59,890.00 from current
year Capital Maintenance and Equipment Replacement Program to Parks
& Grounds Department Account 001-052-4340-9015.
CCZ
City Attorney
City Clerk
Director of Finance
Director of Public Works
Manager, Parks and Grounds
Management & Budget
Manager, Supply Management
Respectfully Submitted,
W. Robert Herbert,
City Manager
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
MaW F. Parker, CMCIAAE
City Clerk
April 24, 1998
File #5-60-236
Sandra H. Elkin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 33788-042098 amending and reordaining certain
sections of the 1997-98 Grant Fund Appropriations, providing for appropriation of
$141,111.00 and transfer of $14,098.00, in connection with the Local Law Enforcement
Block Grant, Bicycle Patrol Program. The abovereferenced measure was adopted by the
Council of the City of Roanoke at a regular meeting which was held on Monday, April 20,
1998.
Sincerely, ~~
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Attachment
William E. Skeen, Chair, Roanoke Neighborhood Partnership Steering Committee,
1938 Avon Road, S. W., Roanoke, Virginia 24015
John Baker, Executive Director, City of Roanoke Redevelopment and Housing
Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017
James D. Grisso
April 24, 1998
Page 2
pc:
Donald S. Caldwell, Commonwealth's Attorney
W. Robert Herbert, City Manager
George C. Snead, Jr., Director, Public Safety
A. L. Gaskins, Chief of Police
Frank E. Baratta, Grants Monitor, Grants Compliance
Diane $. Akers, Budget Administrator, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of April, 1998.
No. 33788-042098.
AN ORDINANCE to amend and reordain certain sections of the 1997-98 Grant
Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the City
of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that
certain sections of the 1997-98 Grant Fund Appropriations, be, and the same are hereby,
amended and reordained to read as follows, in part:
A~3Dropriation_~
Public Safety
Local Law Enforcement Block Grant 97-99 (1-2) ................
Revenue
$ 1,426,945
141,111
Public Safety
Local Law Enforcement Block Grant 97-99 (3-4) ................
$ 1,426,945
141,111
1) Overtime Wages (035-050-3311-1003) $ 111 111
2) Expendable ,
Equipment <$1,000 (035-050-3311-2035) 30,000
3) Federal Grant
Receipts (035-035-1234-7273) 127,013
4) Local Match (035-035-1234_7274) 14,098
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
'98 /tPR 14 tt:06
April 20, 1998
Council Report #98-405
Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Subject: Local Law Enforcement Block Grant
II.
I. Background:
A. The Omnibus Fis___cal Year 1997 A ro riations Act Public Law 104-20__~8,
provides funding for the implementation of the Local Law Enforcement Block Grant
Program, administered by the Bureau of Justice Assistance (BJA), U.S. Department of
Justice. The purpose of the Local Law Enforcement Block Grant Program is to provide
local governments with funds to underwrite projects to reduce crime and improve public
safety.
B. Council Authorized~for and~f these Grant Funds
on September 22, 1997 through Resolution #33588-092297.
C. Federal Funds fr__om this Grant to the Ci of Roanoke have been Awarded
by the U.S. Department of Justice.
D. The Grant Requires these Funds Supplement Rather than Supplant local monies.
The grant application specified that the funds would be used for: (1) Paying overtime to
presently employed law enforcement officers for the purpose of increasing the number of
hours worked by such personnel and (2) Procuring equipment and other materials directly
related to basic law enforcement functions.
E. Grant Funding was authorized when the City Manager signed acceptance on
January 2, 1998.
Current Situation
A. Grant Funds Available for appropriation through this program total $141,111.
This amount includes the grant amount of $127,013 and the local match of $14,098.
Grant requirements include that funds be placed in an interest bearing account. Local
match funds are available in the Police Department's Federal Asset Forfeiture Account.
Mayor David A. Bowers
Members of City Council
Page 2
April 20, 1998
III.
IV.
B. P~olice Bicycle Patrol Hours could be expanded through allocation of this funding.
C. A Grant Adviso Board of Citizens and Public Officials was developed for last
year's BJA grant and will be utilized to identify and prioritize specific areas or neighbor-
hoods to receive the additional police patrol. A list of the advisory board members is
Attachment 1.
I_ssues_:
A. Nee~d
B. _Funds Availability
Alternatives:
A. _City Council Appropriate a total of $141,111 to grant fund revenue and
expenditure accounts to allow funding to be expended in accordance with applicable City
purchasing requirements and Federal grant requirements. Transfer $14,098 for local
match from the Federal Asset Forfeiture Account number 035-050-3304-2150 to grant
fund revenue account 035-035-1234-7274.
o
_Need exists to provide equipment, uniforms, and overtime hours to
increase police bicycle patrols in selected neighborhoods.
.Funds Availability will be addressed by this Council action.
B. City Council not authorize expenditure of these funds, returning grant funds with
any interest to the Department of Justice while recovering the local match amount.
1. Nee~d for equipment, uniforms, and overtime for additional bicycle patrol
hours will not be met.
Fund_____~s will not be available from the Local Law Enforcement Block Grant.
Mayor David A. Bowers
Members of City Council
Page 3
April 20, 1998
Vo
_Recommendation is that Council approve alternative "A" to appropriate funds from the
Local Law Enforcement Block Grant.
mo
Bo
_Avvropriate $141,11 [ to the following grant fund accounts:
Expendable Equipment 035-050-3311-2035
Police Overtime 035-050-3311-1003
Increase the followin rant fund revenue estimates:
Federal Grant Receipts 035-035-1234-7273
Local Match 035-035-1234-7274
$ 30,000
$111,111
$127,013
$ 14 O98
Co
$141,111
Transfer $14,098 from the Federal Asset Forfeiture account 035-050_3304.2150
to the Local Law Enforcement Block Grant (97/99) revenue account 035-035-
1234-7274 as a local match.
Do
Aut_h. orize unex ended rant funds to draw interest in accordance with grant
reqmrements.
WRH:ALG/wla
Respectfully submitted,
W. Robert Herbert
City Manager
CC:
City Manager
Director of Finance
Director of Public Safety
Chief of Police
Roanoke Neighborhood Partnership
Executive Director, Roanoke Housing Authority
Commonwealth's Attorney
Office of Grants Compliance
Budget Administrator
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011-1538
Telephone: (540) 853-2541
Fax: (540) 853-1145
MaW F. Perker, CMCIAAE
City Clerk
April 24, 1998
File #223-392
Sandra H. Eakin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 33789-042098 authorizing the proper City Officials to enter into
a right-of-entry agreement with Norfolk Southern Corporation and its Operating Subsidiaries to allow
the City to conduct a Phase II Environmental Site Assessment of property owned by the railroad, in
connection with the Railside Linear Park Project. The abovereferenced measure was adopted by
the Council of the City of Roanoke at a regular meeting which was held on Monday, Apdl 20, 1998.
Sincerely,
Mary F. Parker, CMC/AAE
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
Delores C. Daniels, Assistant to the City Manager for Community Relations
Sarah E. Fitton, Engineering Coordinator
Charles M. Huffine, City Engineer
Diane S. Akers, Budget Administrator, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of April, 1998.
No. 33789-042098.
AN ORDINANCE authorizing the proper City officials to enter
into a right-of-entry agreement with Norfolk Southern Corporation
and its Operating Subsidiaries to allow the City to conduct a Phase
II Environmental Site Assessment of property owned by the railroad,
in connection with the Railside Linear Park Project, 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 or the Assistant City Manager and the
City Clerk are hereby authorized, on behalf of the City, to execute
and attest, respectively, a right-of-entry agreement with Norfolk
Southern Corporation and its Operating Subsidiaries to allow the
City to conduct a Phase II Environmental Site Assessment of
property owned by the railroad., in order to complete testing to
determine the environmental condition and suitability of property
needed for the Railside Linear Park Project. Such agreement may
provide for indemnification by the City and shall contain any other
reasonable terms and conditions deemed necessary and appropriate by
the City Manager, as more particularly set forth in the report to
this Council April 20, 1998. The form of the agreement shall be
approved by the City Attorney.
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.
[ I:\ORD\O.RE.RR. I
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
April 24, 1998
File #223-392
8andra H. F. akin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Gentlemen:
Wilbum C. Dibling, Jr.
City Attorney
Roanoke, Virginia
A report of the City Manager with regard to the Railside Linear Park Project, right-of-entry agreement
with Norfolk Southern Corporation and its Operating Subsidiaries, was before the Council of the City
of Roanoke at a regular meeting which was held on Monday, April 20, 1998.
Mr. James L. Leonard, 1935 Hope Road, $. W., appeared before Council and advised that if it is
necessary to conduct an environmental site assessment on the property owned by Norfolk Southern
Corporation, he would request the same protection for his property located at 127 Norfolk Avenue,
$.W.
Council requested that you meet with Mr. Leonard to discuss his concerns.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc:
William F. Clark, Director, Public Works
Kit B. Kiser, Director, Utilities and Operations
Chades M. Huffine, City Engineer
H:~AGENOAg~APR20.WI:~
RECEIVED
'98 /~PR 14 P.3:4 8
April 20, 1998
Council Report No. 98-338
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
SUBJECT: RAILSIDE LINEAR PARK- RIGHT OF ENTRY PERMIT
Back rog.EQ.U_Q~ in chronological order is as follows:
City Council authorized acquisition of the necessary_ property rights for this
project by Ord. No. 33148-100796, which was adopted on October 7,
1996.
An Environmental Site Inspection was performed on the parcels needed
for this project by the City's Environmental Officer. All property except
that along the railroad tracks was approved.
II.
Current Situation is as follows:
The City's Environmental Officer has determined that a Phase II
environmental site assessment is needed for the property along the
railroad tracks. Norfolk Southern Corporation and its Operating
Subsidiaries (Railroad) have requested additional conditions to the City's
standard Right of Entry Agreement for the on-site testing and sampling on
its property. VVhile the City may be authorized to enter private property for
such testing under the Virginia Code §25-232.1, in an effort of cooperation
and in order to complete testing in a timely manner, it is recommended
that a Right of Entry Agreement be entered into with the Railroad. Such
Right of Entry Agreement would include certain notice and insurance
requirements and that the City be responsible for damages that may
result from such Right of Entry.
Authorization is needed to execute the necessary Right of Entry
Agreement to allow the City's consultant to move forward with testing for
a Phase II Environmental Site Assessment.
Honorable Mayor and Members of City Council
RAILSlDE LINEAR PARK - RIGHT OF ENTRY PERMIT
April 20, 1998
Page 2
III.
Issues in order of importance are:
A. Need
B. Timing
IV.
Alternative_ _ _s in order of feasibility are:
Authorize the City Manager to enter into a Right of Entry_ Agreemenl. with
the Railroad for the Railroad's property along Norfolk Avenue between
Jefferson Street and Second Street, SW, with reasonable conditions as
determined by the City Manager and as approved by the City Attorney, to
allow the City or its representatives access to private property for
purposes of conducting an environmental assessment of such property,
in order to try to determine the environmental condition and suitability of
such property for the Railside Linear Park Project.
Need for environmental data on the necessary property rights
identified by the design of the Railside Linear Park Project is met.
Timing to obtain the environmental data prior to acquisition of the
property rights is critical to avoid delay of project schedule.
Do not authorize the City_ Manager to enter into a Right of Entry
Agreement with the Railroad for the Railroad's property along Norfolk
Avenue between Jefferson Street and Second Street, SW, with
reasonable conditions as determined by the City Manager and as
approved by the City Attorney, to allow the City or its representatives
access to private property for purposes of conducting an environmental
assessment of such property, in order to try to determine the
environmental condition and suitability of such property for the Railside
Linear Park Project.
Need for environmental data on the necessary property rights
identified by the design of the Railside Linear Park Project is not
met.
Timing to obtain the environmental data prior to acquisition of the
property rights could jeopardize the project schedule.
Honorable Mayor and Members of City Council
RAILSIDE LINEAR PARK - RIGHT OF ENTRY PERMIT
April 20, 1998
Page 3
Mo
Recommendation is that City Council concur with Alternative "A" and take the
following action:
Ao
Authorize the City_ Manager to enter into a Right of Entry Agreemenl with
the Railroad for the Railroad's property along Norfolk Avenue between
Jefferson Street and Second Street, SW, with reasonable conditions as
determined by the City Manager and as approved by the City Attorney, to
allow the City or its representatives access to private property for
purposes of conducting a Phase II environmental assessment of such
property, in order to try to determine the environmental condition and
suitability of such property for the Railside Linear Park Project.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/KBK/SEF
Attachment
CC:
City Clerk
City Attorney
Director of Finance
Director of Public Works
Director of Utilities and Operations
Assistant to City Manager for Community Relations
Engineering Coordinator
City Engineer
Budget Administrator
TEL:
APe 09'98
nIGHT OF ENTRy
· Thjt T~npOrary RJgh¢ of' £ncry, made tho ~
between ., dlty of~
Licensor hereby permits Licen.e to entor ~ property owned
This Right of Entry is framed upon the MowJll~ torm~ and emKliliont
l. The Right of Entry is srantod for the foiJomhs pllrpo, only:
13:57
A~R~M
~.G~t29)'
2. Licensor's Superintendem at
t..~u.*? ~ ~ ~M ~, m~ e~ ~"~%?_.~ ~ ~ Of ~mr's bill ~r
~- ~---- -- ' ~' ~ ~ O~h*~ ....... -" ~""Y, '~,
have b ~ hm ___~. ,,~ ~ s~mu~, I~, - e ' ~ ...... m ~~ w,~ ~0 ~Jlo
aformM j~ni~ _~is~ ~ ~y ~- ~t~ ~.~. U~ ~e ~-~ -- '-~'~'~' ~s ~
~1 times for ~y mle~t e~ or v~l~ ~ ~ ~hf L~'s p~ unlm ~hor~ in
10. This Rifht of Entry (al shall not be mJfnod or transferred by Ueen.o, (I)) may be terminated at will by Licensor
or Licensee. md (¢) shall terminate automotk~dly_
; provided, however, that termination shall not
relieve Licensee of any abliption or liability iflcurrod prior to m~h termination.
TEL:
1~:58 No.O08 P.03
REVERSE - FOIU~ 117~6.1 (R~V. ~/~)
Item No.
IN WITNESS WHEREOF, the pe~te~ have ealXlcalaxl this Rilhl of Entry a~ of the date flrl hereinabove wriltmt.
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
Ck'y Clerk .
April 24, 1998
File f~60-178-200
8andra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 33790-042098 amending and reordaining certain
sections of the 1997-98 Grant Fund Appropriations, providing for appropriation of
$581,059.00 in unanticipated Community Development Block Grant Program income. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, April 20, 1998.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Attachment
W. Robert Herbert, City Manager
Diane S. Akers, Budget Administrator, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of April, 1998.
No. 33790-042098.
AN ORDINANCE to amend and reordain certain sections of the 1997-98 Grant
Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the City
of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that
certain sections of the 1997-98 Grant Fund Appropriations, be, and the same are hereby,
amended and reordained to read as follows, in part:
A~)Dropriations
Community Development Block Grant FY 97 $ 2,763,239
Unprogrammed CDBG (1-3) ................................... 430,843
Community Development Block Grant FY 98 2,952,902
Unprogrammed CDBG (4-6) .................................... 516,213
Revenue
Community Development Block Grant FY97 (7-17) .................. $ 2,763,239
Community Development Block Grant FY98 (18-21) .................. 2,952,902
1) Unprogrammed
CDBG - RRHA
2) Unprogrammed
CDBG - Land Sales
3) Unprogrammed
CDBG - Other
4) Unprogrammed
CDBG - Section 108
Repayment
5) Unprogrammed
CDBG - RRHA
6) Unprogrammed
CDBG - Land Sales
7) Parking Lot Income
( 035-097-9740-5197)
(035-097-9740-5187)
(035-097-9740-5189)
(035-098-9840-5188)
(035-098-9840-5197)
(035-098-9840-5187)
(035-035-1234-9702)
$ 61,785
62,425
4,131
309,597
95,149
47,972
3,019
8) Other Program
Income - RRHA
9) Demolition
10) Williamson Road
Garage Income
11 ) Loan Payment -
NNEO - 810 Loudon
12) TAP - SRO
Loan Repayments
13) Home Ownership
Assistance
14) Deanwood Land Sale
15) Hotel Roanoke
Section 108 Loan
Repayment
16) Gilmer Avenue
Land Sale
17) Rental Rehabilitation
Repayments
18) Deanwood Land Sale
19) Hotel Roanoke
Section 108 Loan
Repayment
20) Rental Rehabilitation
Repayments
21) RRHA Accrued
Leave Repayment
(035-035-1234-9703)
(035-035-1234-9704)
(035-035-1234-9707)
(035-035-1234-9709)
(035-035-1234-9720)
(035-035-1234-9722)
(035-035-1234-9729)
(035-035-1234-9734)
(035-035-1234-9735)
(035-035-1234-9740)
(035-035-1234-9829)
(035-035-1234-9834)
(035-035-1234-9840)
(035-035-1234-9841 )
26,125
1,380
2,854)
76)
1,592)
7,272
2,500
1
59,925
32,641
47,972
309,597
23,499
71,650
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
DEPARTMENT OF FINANCE
CITY OF ROANOKE, VA.
April 20, 1998
RECEP,~E$
'98 16 &11:03
TO:
Honorable Mayor and Members of City Council
FROM:
James D. Grisso, Director of Finance
SUBJECT: Appropriation of CDBG Program Income
Program Income from Roanoke Redevelopment and Housing Authority
By agreement with the City of Roanoke, the Roanoke Redevelopment and Housing Authority
(RRHA) administers a large segment of the City's Community Development Block Grant
Program. The Housing Authority receives program income during the course of its
administration of various projects by the sale of land and by receiving loan repayments from
project area residents. The Housing Authority is required to transfer this program income to the
City of Roanoke. The City of Roanoke is required to use the income for community development
activities.
The Housing Authority has made payments to the City in the amount of $267,331 from March 1,
1997 through March 31, 1998 for program income in excess of income estimates previously
appropriated.
Miscellaneous Program Income
The City has received the following miscellaneous program income:
$309,597 from Hotel Roanoke, L.L.C. for loan repayment of the $6,000,000 Section 108 loan
from U.S. Department of Housing and Urban Development.
$4,131 in other program income relating to other loan repayments. This is the difference
between what was previously appropriated and actually received.
We recommend that City Council appropriate the total $581,059 in unanticipated program
income as follows:
Unprogrammed CDBG - RRHA
Unprogrammed CDBG - Land Sale
Unprogrammed CDBG - Other
Unprogrammed CDBG - Section 108
Loan Repayment
Unprogrammed CDBG - RRHA
Unprogrammed CDBG - Land Sale
( 035-097-9740-5197)
(035-097-9740-5187)
(035-097-9740-5189)
(035-098-9840-5188)
(035-098-9840-5197)
(035-098-9840-5187)
$ 61,785
62,425
4,131
309,597
95,149
47,972
Honorable Mayor and Members
of City Council
April 20, 1998
Page 2
The amounts being appropriated to unprogrammed accounts will be available for further
appropriation transfers for community development purposes.
JDG/ICF/ps
Attachment
c: Ila Farris, Senior Accountant
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) 853-254t
Fax: (540) 853-1145
April 28, 1998
File tf.42-60
SANDRA H. EAKIN
Deputy City Clerk
Gene D. Lucas, President
U. S. Construction Company of Roanoke, Inc.
8201 Williamson Road, N. W., Suite C
Roanoke, Virginia 24019
Dear Mr. Lucas:
I am enclosing copy of Ordinance No. 33792-042098 accepting the bid of U. S.
Construction Company of Roanoke, and awarding a contract for Bid Item No. 1, in the
amount of $140,598.00, for replacement of wood windoWs in the City Market Building; and
rejecting all other bids made to the City for Bid Item Nos. 1, 2, 3 and 4. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, April 20, 1998.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Enclosure
pc;
W. Robert Herbert, City Manager
The Honorable Sherman A. Holland, Commissioner of the Revenue
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. Darwin Roupe, Manager, Supply Management
N:~C.4KLOI~M3 END~.WPO
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of April, 1998.
No. 33792-042098.
AN ORDINANCE accepting the bid of U.S. Construction Co. of
Roanoke, and awarding a contract for bid Item No. 1, replacement of
the wood windows in the City Market Building, upon certain terms
and conditions; authorizing the proper City officials to execute
the necessary contract for the work; rejecting all other bids made
for bid Item Nos. 1, 2, 3 and 4; and providing for an emergency.
BE
follows:
1.
IT ORDAINED by the Council of the City of Roanoke as
The bid submitted by U.S. Construction Co. of Roanoke for
bid Item No. 1, replacement of wood windows in the City Market
Building, at a total cost of $140,598.00, is hereby ACCEPTED.
2. The City Manager or his designee is hereby authorized and
directed to enter into a contractual agreement with U.S.
Construction Co. of Roanoke for such work, in accordance with the
bid specifications, and as more particularly set forth in the City
Manager's report to this Council dated April 20, 1998, said
contract to be in a form approved by the City Attorney.
3. Any and all other bids made to the City for Bid Item Nos.
1, 2, 3 and 4 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.
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
April 24, 1998
File ~f.42-60
Sam:Ira H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 33791-042098 amending and reordaining certain
sections of the 1997-98 General and Capital Projects Funds Appropriations, providing for
appropriation of $140,598.00, in connection with award of a contract to U. S. Construction
Co., for replacement of windows in the City Market Building. The abovereferenced
measure was adopted by the Council of the City of Roanoke at a regular meeting which
was held on Monday, April 20, 1998.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Attachment
pc:
W. Robert Herbert, City Manager
The Honorable Sherman A. Holland, Commissioner of the Revenue
William F. Clark, Director, Public Works
Delores C. Daniels, Assistant to the City Manager for Community Relations
Charles M. Huffine, City Engineer
James D. Grisso
April 24, 1998
Page 2
pc:
Ellen S. Evans, Construction Cost Technician
Diane S. Akers, Budget Administrator, Office of Management and Budget
D. Darwin Roupe, Manager, Supply Management
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of April, 1998.
No. 33791-042098.
AN ORDINANCE to amend and reordain certain sections of the 1997-98 General
and Capital Projects Funds 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 and Capital Projects Funds Appropriations, be, and the
same are hereby, amended and reordained to read as follows, in part:
General Fund
Appropriations
Nondepartmental $ 60,182,751
Transfers to Other Funds (1) .................................. 58,307,825
Fund Balance
Reserved for CMERP - City (2) ................................. $ 2,644,467
Capital Projects Fund
Appropriations
General Government Capital Projects
Renovate City Market Building (3) ..............................
1) Transfers to Other
Funds (001-004-9310-9508) $140,598
2) Reserved for
CMERP - City (001-3323) (140,598)
3) Appropriated from
General Revenue (008-052-9699-9003) 140,598
$13,258,619
140,598
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
RECEIVED
~. , "r ¥'
'98 / PP, 16 P12:22
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject:
BID COMMITTEE REPORT
REPAIR - REPLACE - RENOVATE
CITY MARKET BUILDING
32 MARKET SQUARE
ROANOKE, VIRGINIA
BID NO. 98-2-19
April 20, 1998
Council Report No. 98-129
We, the undersigned Bid Committee, hereby submit the attached report for your consideration.
R~~y submitte/~
Jo~/ H. Parro~t~ Chairman
Carroll E. Swain/'
JHP/LBC/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
Accountant, Contracts and Fixed Assets
Manager, Office of Supply Management
Commissioner of the Revenue
April 20, 1998
Council Report No. 98-129
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject:
BID COMMITTEE REPORT
REPAIR - REPLACE - RENOVATE
CITY MARKET BUILDING
32 MARKET SQUARE
ROANOKE, VIRGINIA
BID NO. 98-2-19
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/LBC/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
Accountant, Contracts and Fixed Assets
Manager, Office of Supply Management
Commissioner of Revenue
April 20, 1998
Council Report No. 98-129
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject:
BID COMMITTEE REPORT
REPAIR - REPLACE - RENOVATE
CITY MARKET BUILDING
32 MARKET SQUARE
ROANOKE, VIRGINIA
BID NO. 98-2-19
~ on the subject in chronological order is as follows:
Bids, following DroDer advertisement, were pvbliclv opened and read aloud by
D. D. Roupe, Manager of Supply Management, on March 19, 1998.
Four (4) bids were received with U.S. Construction Co. of Roanoke submitting
the Iow bid for Item 1, which is the portion of work that can be funded at this
time. Bid Items 2 and 3 are for information at this time.
BID ITEM 1: Remove and Replace Wood Windows
and Related Work
40,598.00
BID ITEM 2: Paint Tin Roof
38,369.00
BID ITEM 3: Repair and Paint Canopy, Fascia and Ceiling
19,641.00
BID ITEM 4: Total of 1, 2and3
98,607.00
Construction time was quoted as 120 consecutive calendar days.
Construction Services of Roanoke, Inc. would have been the Iow bidder if total
bid could have been funded at this time. See Tabulation of Bids.
Bid items were broken into three (3) pieces to give the City the flexibility of
choosing as much of the contract as possible since it was felt the budget might
not be sufficient to fund the entire project. It was also learned just prior to
advertising the project, the window paint was lead base and the caulking for the
panes contain asbestos fiber. In addition the finish coat of paint on the roof has
asbestos fibers and the prime coat is lead base paint.
II.
Current ~ituation is as follows:
A. Project has been bid and the portion for which funds are available at this time
needs to be placed under contract.
Honorable Mayor and Members of City Council
BID COMMITTEE REPORT
REPAIR - REPLACE - RENOVATE
CITY MARKET BUILDING
32 MARKET SQUARE
ROANOKE, VIRGINIA
BID NO. 98-2-19
April 20, 1998
Page 2
III.
Issues in order of importance are as follows:
Com[~liance of the bidders with the requirements of the contract documents for
bidding.
Amount of the Iow bid.
Funding of the project.
Time of completion.
IV.
Alternatives in order of feasibility are as follows:
A. Award a lump sum contract to U.S. Construction Co. of Roanoke for Bid Item
1 in the amount of ~140,598.00 and the quoted time of 120 consecutive
calendar days for the replacement of the wood windows in the City Market
Building in accordance with the contract documents as prepared by the Office
of the City Engineer, Roanoke, Virginia.
1. Compliance of the bidders with the requirements of the contract
documents for bidding were met except for Construction Services of
Roanoke, Inc. Their Bid Form was not completely filled out.
2. Amount of the Iow bid for Bid Item 1 is acceptable.
3. Fundino is available in the 1997-98 CMERP account.
4. Time of construction is quoted as 120 consecutive calendar days which
is acceptable.
B. Reject the bids and do not award a contract at this time.
1. C0mDliance of the bidders with the requirements of the contract
documents for bidding would not be an issue.
2. Amount of the Iow bid would probably not decrease appreciably if re-bid
at a later date. There are too many issues of abatement that must be
addressed on this project.
3. Fundina would remain unobligated in the CMERP fund.
Honorable Mayor and Members of City Council
BID COMMITTEE REPORT
REPAIR - REPLACE o RENOVATE
CITY MARKET BUILDING
32 MARKET SQUARE
ROANOKE, VIRGINIA
BID NO. 98-2-19
April 20, 1998
Page 3
4. Time of completion would be extended for the window replacement.
Recommendation is as follows:
City Council concur in alternative "A" and take the following actions;
Authorize the City Manager to enter into a contractual agreement, in form
approved by the City Attorney, with U.S. Construction Co. of Roanoke for Bid
Item 1, Replacement of the Wood Windows in the City Market Building in
accordance with the contract documents as prepared by the Office of the City
Engineer in the amount of ~140,598.00 and a construction time of 120
consecutive calendar days.
Appropriate $140,598.00 from 1997-98 CMERP to an account to be
established in the Capital Projects Fund entitled "Renovate City Market
Building".
Reject Bid Items 2.3, and 4 of the Bid Form as well as the other bids received.
The remaining portions of the project, Bid Items 2 and 3, will be re-advertised
for bids with funding in FY98 - 99.
LBC/bs
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
Manager, Water Pollution Control Plant
Commissioner of Revenue
TABULATION OF BIDS
REPAIR - REPLACE - RENOVATE
CITY MARKET BUILDING
32 MARKET SQUARE
ROANOKE, VIRGINIA
BID NO. 98-2-19
Bids were opened by D. Darwin Roupe, Manager, Office of Supply Management, on March 1 9,
1998 at 2:00 p.m.
Construction Services
of Roanoke 141,470 40,600 16,300 198,170 Yes
U.S. Construction Co. 140,598 38,369 19,641 198,607 Yes 120
of Roanoke
Williams Painting and
Remodeling 219,000 43,500 21,800 284,300 Yes 180
Building Specialists 194,313 63,000 48,450 305,763 Yes 140
* Addendum 1
Estimated Cost:
Office of the City Engineer
Roanoke, Virginia
April 20, 1998
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 24, 1998
File #183-237
SANDRA H. EAKIN
Deputy City Clerk
Gregory C. Hale, Vice-President
Hico, Inc.
P. O. Box 5009
Christiansburg, Virginia 24068
Alan L. Amos, President
Alan L. Amos, Inc.
915 Pocahontas Avenue, N. E.
Roanoke, Virginia 24012
Rebecca T. Meadows, President
Strahle Construction Company, Inc.
6000 Goodview Road
Goodview, Virginia 24095
Dear Ms. Meadows and Gentlemen:
I am enclosing copy of Resolution No. 33793-042098 rejecting all bids received by the City
for the Garden City Demolition Project. The abovereferenced measure was adopted by
the Council of the City of Roanoke at a regular meeting which was held on Monday, April
20, 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, CMCIAAE
City Clerk
MFP:Io
Gregory C. Hale
Alan L. Amos
Rebecca T. Meadows
April 24, 1998
Page 2
Enclosure
pc:
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. Darwin Roupe, Manager, Supply Management
John W. Coates, Manager, Parks and Recreation
IN THECOUNCILOFTHECITY OF ROANOKE, VIRGINI&
The 20th day of April, 1998.
No. 33793-042098.
A RESOLUTION rejecting all bids for the Garden City Demolition Project.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. All bids that were submitted and received for the March 31, 1998, bid opening for the
Garden City Demolition Project, and as more fully set forth in the April 20, 1998, report to Council,
are hereby REJECTED.
2. The City Clerk is directed to notify all bidders and to express to each the City's
appreciation for said bids.
3. The City Manager is authorized to make any changes in the scope of the project or
the procurement documents deemed advisable and the rebid of the project is hereby approved.
ATTEST:
City Clerk.
~April 20, 1998
Council Report No. 98-130
'98 15 ?12:22
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.
Respectfully subr~ted,
/J/efhn H. Parrott, Chairman
Carroll E. Swa~
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
Manager, Parks and Recreation
April 20, 1998
Council Report No. 98-130
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
Manager, Parks and Recreation
April 20, 1998
Council Report No. 98-130
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
~ on the subject in chronological order is as follows:
In November, 1996, the City was awarded a Hazard Mitigation Grant tn
purchase 39 flood prone homes in the Garden City area.
Under this program, the City is reouired to remove any homes which are,
purchased and return the property to open space. The City has currently
purchased 26 homes under this program and is ready to begin demolition.
Following proper advertisement, bids for the demolition and asbestos abatemenl
of 26 houses were publicly opened and read aloud by D. Darwin Roupe,
Manager, Office of Supply Management, on Tuesday, March 31, 1998.
Bids were submitted for demolition and asbestos abatement of each of the 20
houses included in this Dro!ect Bids were evaluated based on the Iow bid for
each individual house. Three bids were submitted for each of the 26 houses
and the Iow bids for each house were compiled as follows:
Bidder
1. Strahle Construction Company, Inc.
2. Alan L. Amos Inc.
3. HICO. inc.
Total
Number Amount Contract
of Houses Time
with Iow bid
2 $ 11,295 90
11 $ 74,675 180
13 $ 69,565 180
26 $155,535
II.
Current situation is as follows:
Following the opening of Bids for this project, it was discovered that all waste
from City projects must be disposed of at the Roanoke Regional Landfill unless
otherwise required by law. This requirement had not been stated in the project
specifications and not all bidders had included the costs associated with this
requirement in their bids. Bidders who had not planned to use the Regional
Landfill stated that this requirement would increase the cost of their bids. Due
to this new requirement, it was decided to revise the contract documents and
rebid the project, which has been done.
H:\USER~ENGGJR\BCR\GCDEMO1.BCR
Honorable Mayor and Members of City Council
BID COMMITTEE REPORT
GARDEN CITY DEMOLITION PROJECT
BID NO. 98-2-24
April 20, 1998
Page 2
III.
Issues in order of importance are as follows:
A. Compliance of the bidders with the reo_uirement to dispose of debris at tho
Regional Landfill
B. Amount of the bid
C. Funding
D. Time of completion
IV.
Alternatives in order of feasibility are as follows:
Re!ect the bids received, chanae disDosal reauirements, and approve the rebi, I
Compliance of the bidders with the reauirement to dispose of debris a[
the Regional Landfill will be met.
Amount of the bid(s) may increase when rebid with the revised disposal
requirement.
3. Funding will not be encumbered at this time.
4. Time of completion will be extended for approximately two weeks.
Award contracts tO the Iow bidders for each house in the total amount o[
$155,535 for the demolition and asbestos abatement of 26 houses in the
Garden City area, in accordance with the contract documents as prepared by
the Office of the City Engineer.
Compliance of the bidders with the reauirement to dispose of debris al
the Regional Landfill will not be met.
2. Amount of the Iow bid(s) will remain as bid.
3. Funding is available for the three bids received.
4. Time of completion would remain as bid.
H:\USER~ENGGJR\BCR~GCDEMO1.BCR
Honorable Mayor and Members of City Council
BID COMMITTEE REPORT
GARDEN CITY DEMOLITION PROJECT
BID NO. 98-2-24
April 20, 1998
Page 3
Recommendation is as follows:
City Council concur in alternative "A" and take the following actions:
A. Authorize the City Manager to reiect all bids in order to revise the contract
disposal requirements and approve the rebid of the project.
JGR/jgr
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
Manager, Parks and Recreation
H:\USER\ENGGJR\BCR~GCDEMO1.BCR
BID TABULATION
Garden City Demolition Project
Bid No. 98-2-24
4/8/98
Bid No.: 98-2-24 Garden City Demolition Project (with asbestos abatement) I
Bid Date: March 31, 1998 i I I
Contractor: Alan L. Amos, Inc. Hico Inc. Strahle Constr.
Bid
No. Street Address Bid Low Bid Bid I Low Bid Bid Low Bid
1 2502 Garden City Blvd. $ 9,615.00 $ 9,615.00 $ 10,538.00 ~ $ 18,727.00
2 2506 Garden City Blvd. $ 10,100.00 $ 8,780.00; -
iS 6,780.00 $ 16,649.00
3 1314 Findlay Blvd. $ 10,025.00 $ 7,714.00 ~: $ 7,714.00 $ 16,371.00
4 1320FindlayBIvd._ $ 12,825.00 $ 11,010.0018 11,010.00 $ 19,364.00 ----
5 1016 TiptonAve. .......... $ 7,575.00 $ 7,575.00 $ ~,944.00rr $ 8,777.00 --
6 2402 Garden City Blvd. $ 5,175.00 $ 4,818.00 $ 4,818.0~)- $ 5,289.00
7 2667 Garden City Blvd. $ 6,075.00 $ 3,968.00 $ 3,968.00 $ 6,893.00
8 2673 Garden City Blvd. $ 6,575.00 I $ 6,507.00 $ 6,507.00 $ 8,465.00
9 1320 Thomason Rd._____ $ 6,975.00 i -- $ 4,343.00 $ 4,343.00 $ 6,847.00
10 1315 Craig Robertson Rd. $ 7,365.00 i $ 7,365.00 ~ 8,168.00 $ 8,745.00
11 1014 Ray Rd. $ 7,825.00 $ 7,825.00 $ 11,840.00 $ 10,367.00
12 2310 Garden City Blvd. $ 5,625.00 $ 3,117.00 $ 3,117.00 $ 6,174.00
13 2328 Garden City Blvd. $ 5,625.00 $ 5,625.00- $ 9,109.00 ..... $ 6,483.00
14 2336 Garden City Blvd. $ 5,625.00 ~ 5,625.00 $ 6,268.00 --' $ 6,681.00
15 2340 Garden City Blvd. $ 5,425.00 $ 3,042.00 $ 3,042.00 $ 5,959.00
16 2662 Garden City Blvd. $ 7,275.00 $ - 7,275.00 $ 10,568.00 $ 14,828.00 !~
17 130~- Rose Ave. $ 5,525.00 $ 3,622.00 $ 3~-6-22.00 $ 5,445.00-!
18 1319 Thomason Rd. $ 6,085.00 $ _6,085.00 ..... $ 5,856.00 $ 5,856.00
19 1311 Findlay Blvd. $ 6,225.00 $ 6,225.00 $ 9,450.00 $ 7,287.00.
20 2907 Bonlyn Circle $ 5,425.00 $ 5,425.00 $ 5,559.00 $ 5,547.00
21 2912 Bonlyn Circle $ 6,210.00 $ 5,855.00 $ 5,439.00 $ 5,439.00
22 2913 BonlynCircle $ 5,895.00 $ 5,895.00 $ 9,202.00 I $ 6,374.00
_._2_3_ 1004 Ethel Rd. .. ..... $ 6,525.00 .... .$ 3,810.00 i $ 3,810.00 $ 6,979.0~
2_~___ 1018 Ethel Rd. $ 7,335.00 $ 4,975.00 i $ 4,975.00 $ 7,483.00~--
25 2314 Garden City Blvd. $ 5,925.00 $ 3,859.00 ~_ 3,859.00 $ 5,968.00
26 1315 RoseAve. $ 6,225.00 ! $ 6,225;00 $ 8,770.001~'- $ 9,773.00 '.
· i___ Total: $181,080.00 i $ 74,675;00 $178,921.00 I $ 69,566.00 $ 232,770.00 I $ 11,295.00
!2 Houses
No. of Houses: I 11 Houses I 13 Houses t '
I I Contract Time: I 180 Days I 180 Days I 90 Days
GCDMOTAB.XLS
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
April 24, 1998
File ~2-254-468
8andra H. Eakin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 33767-042098 authorizing execution of an offer to
sell easement and the subsequent deed of easement granting to the United States of
Amedca an 827.31-acre easement for the Appalachian Trail across City-owned property
known as the Carvins Cove Reservoir Watershed, for a consideration of $325,000.00,
upon certain terms and conditions, as more particularly set forth in a report of the Water
Resources Committee under date of April 6, 1998. The abovereferenced measure was
adopted by the Council of the City of Roanoke on first reading on Monday, April 6, 1998,
also adopted by the Council on second reading on Monday, April 20, 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:
The Honorable Robert W. Goodlatte, U. S. Representative 6th District, 10 Franklin
Road, S. E., Suite 540, Roanoke, Virginia 24011
H:~GENDAg~M:~20.WPO
W. Robert Herbert
April 24, 1998
Page 2
pc:
Donald T. King, Chief, Land Acquisition Field Office, United States Department of
the Interior, P. O. Box 908, Martinsburg, West Virginia 25402-0908
James M. Whitney, Co-Chair, Roanoke Appalachian Trail, c/o Donald R. Nulph,
President, Roanoke Appalachian Trail, 5787 Twelve O'Clock Knob Road, Roanoke,
Virginia 24018
Terry L. McMann, District Manager, American Electric Power, P. O. Box 2021,
Roanoke, Virginia 24022
Arthur L. Pendleton, Executive Vice-President and Chief Operating Officer,
Roanoke Gas Company, P. O. Box 13007, Roanoke, Virginia 24030
Elizabeth T. Bowles, Chairperson, Carvins Cove Reservoir Advisory Committee,
4865 Glen Ivy Lane, S. W., Unit 104, Roanoke, Virginia 24018-4709
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
Jesse H. Perdue, Jr., Manager, Water Department
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of April, 1998.
No. 33767-042098.
AN ORDINANCE authorizing the execution of an offer to sell
easement and the subsequent deed of easement granting to the United
States of America an 827.31-acre easement for the Appalachian Trail
across the City-owned property known as the Carvins Cove Reservoir
Watershed, upon certain terms and conditions.
BE IT ORDAINED by the Council of the City of Roanoke that the
City Manager and City Clerk are authorized to execute and attest,
respectively, on behalf of the City of Roanoke, in form approved by
the City Attorney, an offer to sell easement and the subsequent
deed of easement granting the United States of America an 827.31-
acre easement across City-owned property located across the Carvins
Cove Reservoir Watershed, for a consideration of $325,000 ($392.84
per acre), upon certain terms and conditions, as more particularly
set forth in the report to Water Resources Committee dated April 6,
1998.
ATTEST:
City Clerk.
H:',TE M P~O-A PTRAI. IA
'98 liAR 25 All :22
April 6, 1998
Report No. 98-323
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Appalachian Trail Easement
The attached staff report was considered by the Water Resources Committee at its regular
meeting on March 16, 1998. The Committee recommends that Council agree to sell an 827.31
acre easement to the Federal Government for the amount of $325,000, which is $392.84 per acre,
in accordance with conditions stated in the attached report:
Linda F. Wyatt, Chairperson
Water Resources Committee
LFW:KBK:afm
Attachment
CC:
The Honorable Robert W. Goodlatte
Wilbum C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director of Utilities & Operations
Jesse H. Perdue, Jr., Water Department Manager
Donald T. King, National Park Service
James M. Whitney, Roanoke Appalachian Trail
Terry McMann, American Electric Power
Art Pendleton, Roanoke Gas Company
Report No. 98-323
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
DATE:
TO:
FROM:
SUBJECT:
March 16, 1998
Members, Water Resources Committee
W. Robert Herb~Manager
Appalachian Trail Easement
II.
Background:
A. Committee considered the attached report on November 17, 1997.
B. Committee asked the staff to continue to negotiate to obtain on behalf
of the City the following:
1. Right of approval of assignment of the lease.
2. Protection of a utili _ty corridor.
C. Calls to and meetings with Congressman Bob Goodlatte and Don
King have resulted in the attached letter, dated February 26, 1998,
from Mr. King on behalf of the United States Department of the
Interior. The conclusions from Mr. King are:
1. Right of approval of assignment will be granted to the City.
2. Utility corridor will not be protected.
Issues.:
A. Permanent Easement for the trail
Page 2
B. Right of passage for a furore utility
C. Right of approval of future assignments
D. Comprehensive Land Use Study
III. Alternatives:
Submit this request for consideration to the consultant of the
Comprehensive Land Use Study of the Carvins Cove Reservoir
watershed property.
Permanent easement decision will be delayed. However, it
seems appropriate to use the study and the citizen committee to
gauge future potential impact on the watershed and water
quality.
Right of passage for a future utility will be an issue to be
evaluated by the Land Use Study consultant.
ge
Right of approval of future assignments is a moot issue at this
time.
Comprehensive Land Use Study will be able to evaluate the
issue.
Committee recommend that Council agree to sell the easement in
accordance with the attached document which contains revised
Exhibit "B" from Mr. King's most recent letter to provide the City the
right of approval of the assignment per paragraph 6 of that exhibit.
1. Permanent easement for the Trail will be provided.
Right of passage for a future utility is not guaranteed by the
federal government.
3. Right of approval of future assignments is provided.
Page 3
4. Comprehensive Land Use Study will not be considered.
Committee recommend that Council maintain the status quo by
allowing the Appalachian Trail to remain on the watershed property in
accordance with the current agreement.
Permanent easement for the Trail is not guaranteed but remains
subject to City Council's determination of the best interest of
the City.
Right of passage for a future utility to benefit the City is not
guaranteed but neither is the permission for the passage of the
Trail across City property.
Right of approval of future assignments is a moot issue.
Comprehensive Land Use Study will not be considered at this
time.
IV.
Recommendation: Committee recommend that Council delay any decision
until after the Comprehensive Land Use Study, in accordance with
Alternative "A".
Attachments
CC:
The Honorable Robert W. Goodlatte
Mary F. Parker, City Clerk
Wilbum C. Dibling, Jr., City Attorney
Kit B. Kiser, Director of Utilities & Operations
Jesse H. Perdue, Jr., Water Department Manager
Donald T. King, National Park Service
James M. Whitney, Roanoke Appalachian Trail
United States Department of the Interior
IN REPLY REFER TO:
L1425( _541)
Re: Tracts 474-19/20, 475-20 and 476-31/33
Ms. Gladys Yates
Mr. Kit Kiser
City of Roanoke
Municipal Building
215 Church Avenue, S.W., Room 346
Roanoke, Virginia 24011-1591
NATIONAL PARK SERVICE
Appalachian National Scenic Trail
Land Acquisition Field Office
P.O. Box 908
Martinsburg, WV 254020908
Dear Ms. Yates and Mr. Kiser:
It was good to have the opportunity to meet with you and Congressman Bob Goodlatte
concerning the protection ora greenway for the Appalachian Trail through the lands of the City of
Roanoke at Carvins Cove.
As I indicated during our meeting, we took steps to obtain approval from the Department of
Justice of language that would limit the Government's ability to assign the proposed easemem.
We have substituted the following language under Paragraph 6 of Exhibit "B" of the proposed
offer: "The rights conveyed herein are assignable only aider receiving written approval of the
Vendor or by City Manager or successor office and/or the assigns of the Vendor." Enclosed is a
revised "Exhibit B" that should be substituted in the offer.
The remaining issue of a "public utility crossing" outside of lands owned by the City of Roanoke
and on adjacent Federal lands remains a concern As indicated in our meeting, the National Park
Service must follow a public process when the question of allowing a public utility crossing of
Federal land is bein8 considered. This public process would evaluate the specifics of the
requested us~ to ensure that the proposed crossing would be in the public interest and that it
would not be inconsistent with the purposes for which the Appalachian Trail was established.
This would include a thorough environmental analysis to assess the impacts of any proposal for a
new public utility that would cross Federal lands. If no other reasonable alternatives to the
proposed use exist, it would be our preference to see such utilities cross the Appalachian Trail in
areas where impacts would be minimal and could be mitigated. Examples of these locations
might be:
Ms. Yates/Mr. Kit
Page 2.
1. Where the AT crosses existing state or Federal highways or interstates,
2. An area that is already developed,
3. Upgrading or co-aligning with an existing line,
4. Utilization of an underground route through an open area,
5. Passage through an area where Trail values, such as a sense of remoteness, would not
be compromised.
We are sensitive to the request and the needs of the City. However, we also must be sensitive to
the concerns of the Trail and the local communities adjacent to the Trail, in particular those that
might be impacted by a new public utility that is not planned at this time. I believe there are a
number of citizens in the Daleville community who would be interested and concerned about the
impacts of a new public utility that might be planned in the future. These people have the right to
expect that they would have the opportunity to participate in the public forum. I am confident
that the National Park Service is willing to consider a request for a new utility line to cross
National Park Service lands and would, in good faith, work with a requester to see that such a
proposal is fairly and fully considered. However, we remain of the opinion that it would be
inappropriate to establish a corridor for some unknown public utility crossing, the impacts of
which are unknown at this time. At such time as a specific public utility crossing is proposed, we
firmly believe the impacts of such a request should and would be fairly evaluated at that time in a
public forum which allows for participation by the citizens.
I hope the City of Roanoke, through its council members, will agree that the time has come to
move forward with completing the agreement that establishes a permanent greenway for over four
miles of the Appalachian Trail.
Sincerely,
Donald T. King.
Chief, Land Acquisition Field Office
Enclosures
cc: Congressman Bob Goodlatte
Mayor David A. Bowers
EXHIBIT "B"
OFFER TO SELL EASEMENT
A PERPETUAL, EXCLUSIVE AND ASSIGNABLE EASEMENT consisting of the right to
locate, control and manage the easement only in accordance with the provisions
and intent of the National Trails System Act, to construct, manage, use, and
maintain the trafl which is contained within the easement primarily as a public
footpath including the right to permit members of the public to traverse the
area, and for other purposes as may be required in connection with the
construction, management, development, use, and maintenance of said trail. It
is conclusively presumed that any and all rights and uses not specifically
hereinafter reserved to the Vendor are vested in the United States of America,
excepting from the operation of this easement ONLY those rights and uses as may
be specifically hereinafter reserved. The physical location of the easement is
more particularly described in Exhibit A, attached hereto.
THE VENDOR, for itself, its successors and assigns, covenants and agrees
that ONLY the following rights and uses are hereby reserved to itself, its
successors and assigns, on the easement contained on the land herein designated
as Tracts 474-19/20, 475-20 and 476-31/33:
The right to temporarily close the trail to the use of fires or take other
action deemed appropriate for public safety and/or to prevent resource
damage on the Vendor's Watershed lands, if, after conferring or making a
reasonable attempt to confer with the Park Manager of the Appalachian
Trail or successor officer, the Vendor's City Manager or successor officer
concludes that there is a decided potential fire hazard or other hazard
which may cause damage to the trail contained in the easement lands or
other areas of the Vendor's watershed. The Vendor shall be deemed to have
made a reasonable attempt to confer if the Vendor's City Manager or
successor officer sends written notice of the Vendor's need to confer and
the Park Manager of the Appalachian Trail or successor officer does not
respond to said notice by the close of business on the business day
following receipt of said notice. The United States shall provide the
name, address, fax number and telephone number of the Park Manager of the
Appalachian Trail or successor officer to the Vendor's City Manager or
successor officer. The Vendor may only close the trail if the Carvins
Cove Area as a whole is closed to all public recreational opportunities.
The Vendor may only take other action for public safety and to prevent
reservoir damage on the Vendor's watershed lands that it takes on or in
the Carvins Cove Area as a whole. The term Carvins Cove Area shall mean
all of the land, and land under water, owned by the City situated partly
in the Counties of Botetourt and Roanoke extending beyond the watershed of
Carvins Creek, containing approximately twelve thousand (12,000) acres.
2o
The right to grant future licenses and/or easements to public utilities,
provided such licenses or easements are contained within the area which is
600 feet wide and shown as a public utilities corridor on Exhibit D.
Exhibit D is attached hereto and incorporated by reference herein. This
provision shall not be construed or implied to mean the United States is
in agreement that this location is either appropriate or suitable for
locating future public utilities.
The right of first refusal if the Secretary charged with Administration of
the Appalachian National Scenic Trail permanently relocates the right of-
way and disposes of all title or interest in the easement area. In such
event, the United States shall offer to the Vendor or its successor or
assigns by notice given to Vendor's last known address, the right of first
refusal at the fair market price, which shall be determined by an
independent appraiser agreed upon by the Vendor and the United States.
The appraisal will be prepared in accordance with the Federal Uniform
Appraisal Standards for Federal Acquisitions, as amended and subject to
the review and approval of the National Park Service to ensure the
appraisal has been prepared in accordance with said standards. If the
parties are~unable to agree, then each party shall select an independent
appraiser and those two independent appraisers shall select an independent
appraiser who shall determine the fair market value.
In the event of an emergency, the right to use mechanized or motorized
equipment or vehicles on the easement.
The United States, for itself, its successors and assigns, covenants and
agrees as follows:
In addition to the existing shelter and associated outbuildings, the
only structures allowed within the boundaries of this easement shall
be those necessary for the construction and maintenance of the
Appalachian Trail, specifically being bridges and other necessary
accouterments to the proper construction of a public footpath.
2. Hunting is prohibited on and in the easement area.
3 o
No mechanized or motorized equipment or vehicles of any nature are allowed
on the easement except for. emergency, trail construction and maintenance
purposes.
4 o
The United States, its successors and assigns will not use nor will it
authorize the use of chemicals or other materials which might be toxic to
persons, animals, or fowl.
5o
Camping in the easement area shall only be authorized at the existing
shelter and other currently authorized locations. The location of the
existing shelter and associated outbuildings which are authorized uses and
the locations where camping is currently authorized are identified on
Exhibit D. Exhibit D attached hereto and incorporated by reference herein.
No new camping locations or shelters shall be authorized without the
written permission of the City Manager or successor officer.
The rights conveyed herein are assignable only after receiving written
approval of the Vendor or by City Manager or successor office and/or
the assigns of the Vendor.
In the event the lands owned by the City of Roanoke adjacent to the easement area
are conveyed from the City's ownership and the Carvins Cove reservoir ceases to
be used as a source of potable water for the City of Roanoke, the rights retained
by the Vendor noted in Paragraph 1 through 4 and the restrictions place on the
United States use as noted in Paragraphs 1 through 6 above will become null and
void without further action.
BOB GOODLA'I-I'E
6TH DISTRICT, VIRGINIA
123~ ~ANNON HOUSE OFFICE BUILDING
'~,SHINGTON, DC 20515--4606
(202) 225-5431
FAX (202) 225-9681
Congress of the United States
House of Representatives
March 2, 1998
Mr. Kit B. Kiser
Director of Utilities and Operations
City of Roanoke
215 Church Avenue SW
Roanoke, Virginia 24011-1517
Dear Kit:
COMMI'CrEE ON THE JUDICIARY
COMMITTEE ON AGRICULTURE
ASSISTANT MAJORITY WHIP
Enclosed herewith please find a letter dated February 26 which I have received from the
National Park Service regarding the Appalachian Trail near Carvins Cove.
Please let me know how you wish to proceed in this matter in light of thc Park Service
response. I would appreciate learning if Roanoke will accept the contents of the letter as the best
deal it can obtain or if you want to propose alternative language.
In thc meantime, Kit, let me know if I can be of assistance to you in any other matter.
With kind regards.
Very ~
Bob Goodlatte
Member of Congress
RWG:pl
Enclosure
2 SOUTH MAIN STREET
SUITE A, FIRST FLOOR
HARRISONSURG, VA 22801-3707
(540) 432-2391
FAX (540) 432-6593
[] 916 MAIN STREET
SUITE 300
LYNCHBURG, VA 24504-1608
(804) 845-83O6
FAX (804) 845-8245
10 FRANKLIN ROAD, S.E.
SUITE 540
ROANOKE, VA 24011-2121
(540) 857-2672
FAX (540) 857-2675
114 NORTH CENTRAL AVENUE
STAUNTON VA 24401-3307
~5401 885-3061
FAX 540} 885-3930
www.house.gov/goodlatte PRINTED ON RECYCLED PAPER talk2bob4~meil.house.gov
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
DATE:
November 17, 1997
TO:
Members, Water Resources Committee
FROM:
W. Robert Herbert, City Manager
SUBJECT:
Appalachian Trail Crossing Portions of Carvins Cove
Protected Watershed - Request by Federal Government
to Acquire Right by Fee Simple Purchase or Easement
I. Background:
Ao
Report of same subject, copy attached, was considered by the Water
Resources Committee on October 23, 1996. Also, attached is a copy
of the minutes pertaining to the discussion of the attached report.
B. There was a motion for the Committee to refer the matter back to the
City administration to seek an option to give all the parties the level of
comfort they seek and report back to the Committee.
United States of America has renewed its offer to purchase an
easement over 827.31 acres, and averaging 1,000 feet wide more or
less, under certain terms and conditions in accordance with the
attached cover letter dated October 1, 1997, and accompanying
"Exhibit B, Offer to Sell Easement." These terms and conditions have
resulted from negotiations between representatives of the City and the
Federal Government.
Rights and restrictions for this easement are outlined in the attached
"Exhibit B, Offer to Sell Easement" document and include:
The City having the right to temporarily close the trail to
protect the watershed in case of a decided potential fire
hazard or other hazard providing the remainder of the
City's watershed land is similarly treated.
Page 2
The Federal Government having the right to assign
the easement upon giving the City 180 days notice.
3. The easement to the Federal Government is exclusive.
Future utility easements crossing the trail would be
limited to a 600 foot wide corridor described in
Exhibit B unless approved by the Federal
Government.
II. Issues:
A. Permanency for the Appalachian Trail
B. Protection for the water supply
C. Proceeds
III. Altematives:
Committee recommend that Council approve the sale of an 827.31
acre easement to the Federal Government for the amount of $325,000,
which is $392.84 per acre, with privileges, rights and benefits
accruing to both parties in accordance with the attached "Exhibit B,
Offer to Sell Easement" and such other documents as approved by the
City Attomey.
1. Permanency for the Appalachian Trail will be provided.
2. Protection for the water supply is reasonably provided.
Proceeds of $325,000 will be recorded in the Water Fund. The
revenue estimate for the sale of land will be increased by
$325,000 (account 002-020-1234-1080).
Maintain the current agreement for allowing the Appalachian Trail to
be maintained on portions of Carvins Cove protected watershed.
Page 3
Permanency for the Appalachian Trail will not be
assured.
Protection for the water supply remains in the prerogative
of future City Councils.
3. Proceeds of land sale is a moot issue.
IV.
Recommendation: Committee recommend that Council sell to the Federal
Government an assignable easement in accordance with Alternative "A".
Attachments
CC:
Donald T. King, National Park Service
James M. Whitney, Roanoke Appalachian Trail
Wilbum C. Dibling, City Attorney
Terry McMann, American Electric Power
Art Pendleton, Roanoke Gas Company
James D. Grisso, Director of Finance
Mary F. Parker, City Clerk
Jesse H. Perdue, Manager, Water Department
Report No. 96-364
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
DATE:
October 23, 1996
TO:
FROM:
THRU:
~~it~nembers, ~Vater Resources Committee
Kit B. Kiser, Director of Utilities & Operations
W. Robert erbert, City Manager
SUBJECT:
Appalachian Trail Crossing Portions of Carvins Cove
Protected Watershed - Request by Federal Government to
Acquire Rights by Fee Simple Purchase or Easement
I. Background:
Attached report, dated October 16, 1995, gives background up to that
time and concludes with a recommendation that Council maintain the
status quo.
Committee tabled the issue and asked for appraisal information on the
issue of granting a non-exclusive easement, exclusive easement, and
fee simple sale. Attached letter dated October 20, 1995, asked the
National Park Service to provide fair market value on the following
options:
A non-exclusive easement, with certain restrictions, over
the current alignment and including 100 feet on each side
of the centerline of the trail for a total width not to
exceed 200 feet.
A non-exclusive easement, with certain restrictions, over
the current alignment to include 500 feet on each side of
the trail for a total width not to exceed 1,000 feet.
Page 2
An exclusive easement 100 feet in width on each side of
the trail.
An exclusive easement 500 feet in width on each side of
the trail.
Fee simple purchase of approximately 850 acres, being
roughly equivalent to a strip 500 feet on each side of the
trail.
The National Park Service advised that they are not interested in non-
exclusive easement or any easement less than one approximated 500
feet on each side of the trail. See attached letter dated November 21,
1995.
II.
Request to assess fair market value on all options was again requested
by the City per the attached letter dated December 5, 1995.
Current situation:
Two offers have been received, dated September 25, 1996, as follows:
1. Fee simple acquisition, subject to existing third party
rights, of 827.31 acres for $413,655 or $500.00 per acre.
2. An exclusive easement, over the same 827.31 acres for
$310,000 or $374.71 per acre.
For comparison purposes, the three most recent purchases by the City
of land for the protected watershed were:
COST
DATE TRACT ACREAGE AMOUNT PER ACRE
1986 Lawson 234.95 $196,400 $836.00
1982 Hunt Club 415.00 $166,000 $400.00
1981 Littreal 189.38 $ 85,000 $449.02
Page 3
All purchases were made from the Water Fund.
C. Fair value for a non-exclusive easement 100 feet wide on each side of
the center of the current trail alignment with certain restrictions
contained in the current agreement for the trail is estimated to be
$75,000.
III. Issues:
A. Public accessibility
B. Competing interests
C. Watershed management
D. Controlling authority
E. Revenue impact
IV. Alternatives:
A. Committee recommend that Council decide to continue to support the
current agreement which gives the Appalachian Trail the right to be
located along the higher elevations of the watershed within a right-of-
way up to 200 feet in width.
Public accessibility is granted for pedestrian use and
maintenance excepting or until such time, if ever, Council
decides some action(s) or activity is occurring that may be
detrimental to the water supply.
Competing interests can continue to be evaluated by City
Council now and by City Council in the future.
o
Watershed management is still in control of Council for such
things as:
Page 4
i. Silviculture
ii. Spraying
iii. Hunting and trapping
iv.
Restrictions during periods of time when the forest
is prone to forest fires
Proving to water works regulatory agencies that
Council has or can assert a strict level of control
when/should an issue arise concerning levels of
water treatment
4. Controlling authority remains the Roanoke City Council.
o
Revenue impact is moot since we do not charge for use under
the current agreement.
Committee recommend that Council agree to grant at fair market
value a permanent easement, either exclusive or non-exclusive, or
convey in fee simple approximately 850 acres, being a right-of-way
up to 1,000 feet in width for the Appalachian Trail along the higher
elevations of the watershed. Any property right transfer would have
to be less any easement or right already conveyed.
Public accessibility will be determined by the U. S.
Government or their successors in title.
Competing interests will have to work out their own agreement
without necessarily considering what City Council thinks is
best for the City or region, excepting to the extent Council
reserves those rights to itself.
gm
Watershed management will be shared with others, excepting to
the extent Council reserves that right to itself.
Page 5
Controlling authority that now rests with City Council will be
granted, to the extent Council decides to do so, to the U. S.
Government and their successors in title.
o
Revenue impact of $310,000 to $413,655 addition to the Water
Fund could be used for future water improvements, land
acquisition and/or to delay a future rate increase.
III.
Recommendation: Committee recommend that Council decide to continue
to support the current agreement which gives the National Park Service the
right to maintain the Appalachian Trail along the higher elevations of the
watershed within a non-exclusive right-of-way up to 200 feet in width, e.g.
up to 100 feet on each side of the trail centerline, subject to the continuing
restrictions contained in the current agreement.
KBK:afm
Attachments
CC.'
Mr. Donald T. King, National Park Service
Mr. James M. Whitney, Roanoke Appalachian Trail Club
Mr. Wilbum C. Dibling, Jr., City Attorney
Mr. James D. Grisso, Director of Finance
Ms. Mary F. Parker, City Clerk
Mr. Jesse H. Perdue, Manager, Water Department
Report No. 95-345
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
DATE:
TO:
FROM:
SUBJECT:
October 16, 1995t ~.~~
M~mbers, Watj~r Res_~_~ Committee thru
~~Ro~.t ,~ber~~, City Manager
~Kit B. 'Kise~r, Director of Utilities & Operations
Appalachian Trail Crossing Portions of Carvins Cove
Protected Watershed
Backqround:
Agreement dated December 6~ 1973 between the City and
the Commonwealth of Virginia Division of Parks allowed
the passage of the Appalachian Trail over City owned
watershed property.
Right conferred was the right of the conferee and the
general public to use up to a 200 foot wide pedestrian
right-of-way centered on the trail as the trail
meanders in and out of the City's property for a
distance of approximately 311000 feet in lenqth.
Extension of the initial 10-year term of the agreement
occurred in 1983 with subsequent extensions
automatically occurring every five years thereafter
unless the agreement is terminated by either party.
Correspondence dated December 23~ 1994 from Mr. Donald
T. King, Project Manager with the National Park
Service, and addressed to Mayor Bowers, was considered
by Council on January 9, 1995. This correspondence,
copy attached less map, and comments and letters from
other citizens were referred to the City Manager for
report back to Council.
Appalachian Power Company has also communicated their
request to eventually place an additional power line
across the City's watershed property and have voiced
concern regarding a possible conflict with the National
Park Service should the trail right-of-way be widened
and sold in fee simple or as an exclusive easement from
the City to the United States Department of the
Interior.
Page 2
II. Current situation:
Subsequent meeting and correspondence with Mr. Donald
T. King have concluded in the attached letter, less
map, dated September 12, 1995.
A policy decision is needed regarding who should have
ultimate control of that portion of the Appalachian
Trail for a width of up to 500 feet on either side of
the center line within the City's protected watershed
property. Based on that policy decision, the following
may occur:
1. Continue the current agreement.
Grant a non-exclusive easement over the trail, as
described in current agreement, and include
restrictions as outlined in the current agreement
with the exception of City's right to terminate.
Negotiate a fee simple sale of up to approximately
850 acres.
Negotiate an exclusive easement over up to 850
acres.
Negotiate a non-exclusive easement over up to 850
acres.
III. Issues:
A. Public accessibility
B. Competing interests
C. Watershed management
D. Controlling authority
IV. Alternatives:
A. Committee recommend that Council decide to continue to
support the current agreement which gives the
Appalachian Trail the right to be located along the
higher elevations of the watershed within a right-of-
way up to 200 feet in width.
Public accessibility is granted for pedestrian use
and maintenance excepting or until such time, if
Page 3
Be
ever, Council decides some action(s) or activity
is occurring that may be detrimental to the water
supply.
Competing interests can continue to be evaluated
by City Council now and by City Council in the
future.
Watershed manaqement is still in the control of
Council for such things as:
i. Silviculture
ii. Spraying
iii. Hunting and trapping
iv.
Restrictions during periods of time
when the forest is prone to forest
fires
We
Proving to water works regulatory
agencies that Council has or can
assert a strict level of control
when/should an issue arise
concerning levels of water
treatment
Controllinq authority remains the Roanoke City
Council.
Committee recommend that Council aqree to grant at fair
market value a permanent easement, either exclusive or
non-exclusive, or convey in fee simple approximately
850 acres, being a right-of-way up to 1,000 feet in
width for the Appalachian Trail along the higher
elevations of the watershed.
Public accessibility will be determined by the
U. S. Government or their successors in title.
Competing interests will have to work out their
own agreement without necessarily considering what
City Council thinks is best for the City or
region, excepting to the extent Council reserves
those rights to itself.
Watershed manaqement will be shared with others,
excepting to the extent Council reserves that
right to itself.
Page 4
Ve
Controlling authority that now rests with City
Council will be granted, to the extent Council
decides to do so, to the U. S. Government and
their successors in title.
Recommendation: Committee recommend that Council
continue to support the current agreement in accordance with
Alternative "A".
KBK:afm
Attachments
cc:
Mr. Donald T. King, National Park Service
Mr. James M. Whitney, Roanoke Appalachian Trail Club
Mr. Wilburn C. Dibling, City Attorney
Mr. James D. Grisso, Director of Finance
Ms. Mary F. Parker, City Clerk
Mr. Kit B. Kiser, Director of Utilities & Operations
Mr. M. Craig Sluss, Manager, Water Department
IN REPLY REFER TO:
United States Department of the Interior
NATIONAL PARK sERVICE
Appalachian National Scenic Trail
c/o Harpers Ferry Center
Harpers Ferry, West Virginia 25425
RECEIVED
December 23, 1994
MAYOR'S
Honorable David A. Bowers
Mayor of Roanoke
215 W. Church Avenue
Roanoke, Virginia 24011
Dear Mayor Bowers:
As the National Park Service (NPS) looks toward completion of its .land
protection program for the Appalachian National Scenic Trail (A.T.), we would
like to renew discussions with the City of Roanoke for a permanently protected
corridor for the Appalachian National Scenic Trail across City of Roanoke
watershed lands in Botetourt and Roanoke Counties.
I have enclosed a map which shows the A.T. corridor from Tinker Mountain above
Carvin Cove Reservoir south to McAfee Knob. Included in this corridor is a
preliminary corridor design on City of Roanoke watershed lands that, as
depicted, includes approximately 850 acres. A little over four miles, of the
A.T. footpath is actually located on city lands, with several more miles
located on NPS-acquired adjacent lands in a corridor that at the present time
is of insufficient width to provide adequate permanent protection. I have
enclosed also for your information a copy of the Comprehensive P%an for the
Protection. Management. Development and Use of the APPalachian National Scenic
Trail, which provides a good overview of the protection program and the
Cooperative Management System that is in place for the Trail.
We would welcome the opportunity to meet with you to discuss our protection
objectives, and/or to make a presentation to the City Council, if that would
be more appropriate. This is truly a spectacular section of the Appalachian
Trail that, in addition to being part of a nationally significant resource,
represents a valuable regional asset. I am pleased to think that we share a
concern for assuring its protection. In fact, because of the high value of
this section of the Trail with its extensive views of the surrounding
countryside~ we would be interested in exploring with you ways that we might
accomplish some broader level of protection for this viewshed, in addition to
the basic corridor.
Please contact me at the above address or by calling (304) 535-6278 to advise
me of how you would like to proceed. I will look forward to hearing from you.
Donald T. King
Acting Project Manager
Enclosures
CC:
Jimmy Whitney, Roanoke Appalachian Trail Club
Mike Dawson, Appalachian Trail Conference
Gene Repoff, NPS Land Acquisition office
DAVID A. BOWERS
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 Church Avenue, S.W.. Room 452
Roanoke, Virginia 24011-1594
Telephone: (703) 981-2444
JanuarY 3, 1995
The Honorable Members of
Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
Please find enclosed correspondence dated December 23, 1994, from Donald T. King,
Acting Project Manager of the Appalachian National Scenic Trail, a division of the
United States Department of the Interior and the National Park Service. Mr. King
has written to my office to inquire as to whether the City of Roanoke would renew
discussions with the Appalachian National Scenic Trail for a permanently protected
corridor for the Trail across the City of Roanoke's watershed lands near Carvins
Cove in Botetourt and Roanoke Counties.
I am requesting that this matter be placed on the Consent Agenda at the next regular
meeting of Council to be held on January 9, 1995, and thereafter be referred to the
City Manager for any appropriate action, with a report back to Council within 120
days. I would respectfully request your concurrence in that request.
I shall not prejudge the decision of the City Administration, but there are two
interesting aspects of this proposal which I would like to comment on.
First, I do not believe that anyone needs to worry about the infringement of our
watershed land in the Carvins Cove area, as I believe it is a permanent decision of
this City that that land be environmentally protected from any kind of development
whatsoever. However, if we can be of assistance to the Parks Service in assuring
that future protection, then I think we should at least consider it.
Secondly, if there is any funding received from the Federal Government to the City
of'Roanoke for this protected space, then I would like to suggest, preliminarily, t hat
some or all of that funding be specially designated in a "greenways trust" for the
development of pedestrian/bicycle parkways within our City. As you know, Bob
Fetzer and others came to our City Council last month encouraging us to proceed
with the development of greenways in Roanoke, and this opportunity for additional
funding from the Federal Government may be just what we need to match our efforts
in that regard. If extra money is derived from the Federal Government as a result
from our cooperation with them, then I would like to see that funding go for
greenway development in Roanoke.
The Honorable Members of
Roanoke City Council
Page 2
January 3, 1995
At any rate, I would appreciate your referring this matter to the City Manager for
his further comment.
Best personal regards.
Sincerely,
David A. Bowers
Mayor
DAB: jas
Enclosure
pc:
Donald T. King, Acting Project Manager, Appalachian National Scenic Trail
Robert H. Fetzer, President, Building Specialists, Inc., P. O. Box 1174,
Roanoke, Virginia 24006
IN REPLY R.EFER TO:
L1425(633)
United States Department of the Interior
NATIONAL PARK SERVICE
Appalachian National Scenic Trail
Land Acquisition Field Office
P.O. Box 908
Martinsburg, WV 25401
Re: Tracts 474-19/20, 475-20, 476-31/33
Mr. W. Robert Herbert
City Manager
City of Roanoke
215 Church Avenue, S.W.
Roanoke, Virginia 24011-1581
SEP 12
Dear Mr. Herbert:
Thank you for your letter of March 23 concerning our interest in acquiring a permanent
fight-of-way across the property of the City of Roanoke for the protection of the
Appalachian Trail. I apologize for the delay in responding to your letter.
The easement provided in our letter of March 1 is the standard easement we have used
when acquiring a fight-of-way for the Appalachian Trail. To date, roughly 20% of our
purchases have been easements. The remaining 80% have been acquisitions where we
have acquired fee rifle. You are correct that the suggested easement terms are restrictive.
This is consistent with our overall goal of seeing the trail corridor remain in its current
unspoiled condition. As mentioned in our March 1 letter, we strive toward having a
corridor t~ee f~om towers (with the exception of existing easements), buildings,
development, roads and timber harvesting activity.
Your letter suggested the area of the proposed easement be the same area as covered by
the cooperative agreement with the Commonwealth of Vkginia. The existing agreement is
a revocable agreement that provides limited use of a 200-foot wide strip measured 100 feet
on each side of the centerline of the trail footpath. We believe a 200-foot wide strip of
land does not provide the area necessary to preserVe a scenic hiking experience. A 200-
foot wide corridor was the standard used when the Appalachian Trail was first designated
as a national scenic trail in 1968. Congress reco~maized in 1978 the problems with such a
narrow corridor and expanded our acquisition authority at that time. Since 1978, the
standard width of the trail corridor is in the area of 1,000 feet, which is the same proposed
for the City's land (map attached). The fact is that a 200-foot wide corridor centered on a
meandering footpath would present a very difficult boundary to survey and create a most
Mr. W. Robert Herbert
difficult unit to manage. The corridor presented on our maps will insure the protection of
trail values and presents a much more manageable boundary for both the City and the Park
Service. In any event, we would need to reach an understanding on the terms of an
easement before a value could be determined. From our experience, it is not uncommon to
see an easement of this nature nm from 50% to 80% of the fee value of the land; however,
the actual value would need to be determined by appraisal.
The proposed easement can be modified to address specific concerns of the City--such as
a no hunting provision and/or a provision that would allow for an agreement to close the
trail if there is a decided potential fire hazard. As an adjoining landowner, the Park
Service and the local trail club would be most interested in working with our neighbors on
management issues such as this. Under the Code of Federal Regulations, authority already'
exists to close sections of the trail to fire and even to close the trail to hikers in the rare
event such action is warranted. The point is we believe it would be wise to address issues
such as this through good and coordinated management practices on all our lands, rather
than to isolate our concerns to what may occur on a limited trail section on the City's
property.
To assist in moving forward, may I suggest you consider the sale of a permanent
assignable easement as previously presented, with the following conditions/restrictions on
our use of the property. They would read as follows:
--The United States will encourage the use of the easement for pedestrian travel only,
in conformance with the National Trails System Act, as amended.
--During the fall and early winter months, if, after conferring with the parties herein, it is
mutually agreed that there is a decided potential fire hazard, the parties may close the
trail or take other management action deemed appropriate for public safety and/or to
prevent resource damage.
Your letter asked about how to police the trail to prevent hikers from straying from the
trail to camp out, hunt, etc. in your watershed. The delineation of a corridor which will be
marked and posted will greatly assist the hiking public in reco~tmizing the extent of the
Mr. W. Robert Herbert
property open for hiking. For the past ten years, the Roanoke Appalachian Trail Club has
sponsored a ridge runner that patrols this trail section. This practice is helpful in
educating the hiking public on the appropriate uses along the Appalachian Trail.
The Appalachian Trail has been on the mountain for more than 40 years. The Roanoke
Appalachian Trail Club has risen beautifully to its expanded land management
responsibilities under the Appalachian Trail cooperative management system. We would
like the opportunity to solidify this tradition with the purchase or donation of a
permanent trail easement that will allow the trail to be protected today and well into the
future.
Thank you for the opportunity to present our thoughts and continue our dialogue, ff we
can proceed on the basis outlined above, I am prepared to move forward and have the fair
market value of the easement established by appraisal. This process normally takes
between 60 and 90 days.
Sincerely,
Donald T. King
Chef, Land Acquisition Field Office
Enclosure
Office of the City Manager
October 20, 1995
Mr. Donald T. King, Chief
Land Acquisition Field Office
United States Department of the Interior
National Park Service
Appalachian National Scenic Trail
P. O. Box 908
Martinsburg, WV 25401
Dear Mr. King:
The attached report was considered by the City of Roanoke
Water Resources Committee on October 23, 1995. The Committee did
not make any decision regarding the recommended policy direction~
for the City of Roanoke and referred the issue back to staff to
obtain additional information.
This is to request the following information from you on
behalf of the National Park Service:
Fair Market Values for Options (II)(B)(2) thru
(II)(B)(5) as outlined in the attached report to
the Water Resources Committee.
In considering the above noted policy options,
consider an additional restriction of reserving to
the City of Roanoke the unilateral right to close
temporarily the tract should the City Manager, in
his/her Judgement, consider any activity caused by
the opening and accessibility of the trail to be
detrimental to the City's water supply and the
ability to keep the trail closed to public access
until such activity or condition is amended,
cured, relieved, etc. It is requested that the
fair market values be provided both with and
without this restriction.
Any information you feel is absolutely critical
and non-negotiable on behalf of the Federal
government.
Room 346 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (703) 981-2333 FAX (703) 224-3138
Page 2
Thank you.
WRH:KBK:afm
Sincerely,
W. Robert Herbert
City Manager
Attachment
cc: ~Kit B. Kiser, Director of Utilities & Operations
Gary E. Tegenkamp, Assistant City Attorney
M. Craig Sluss, Water Department Manager
Office of the City Manager
December 5, 1995
Mr. Donald T. King, Chief
Land Acquisition Field Office
National Park Service
P. O. Box 908
Martinsburg, WV 25401
Dear Mr. King:
Your November 21, 1995 letter underlines your agency's
desire to obtain permanent exclusive control of a larger (wider)
strip of land within our Carvins Cove watershed. I ask you to
reconsider your reservation to provide a fair market value to all
of the options outlined in my October 20, 1995 letter.
As you stated, the Appalachian Trail has been on the
mountain for more than 40 years. I have heard little sentiment
to change that posture. Your argument to increase the strip from
the width of 200 feet wide as stated in the current agreement to
1,000 feet wide and control the construction of roads, towers and
transmission lines goes beyond the earlier argument that you want
to ensure permanency for the trail location. Also, frankly,
there may come a time when City Council may decide that it is in
the best interest of the City, the region and our economy to
permit another electric transmission line to cross the trail
corridor or to permit the construction of a road for timber
management or fire breaks.
There 'may be sentiment on Roanoke City Council to make
permanent the current agreement, e.g. without the City retaining
the right of termination. City Council's decision making process
would not be well served, however, if you are not willing to
provide information regarding and be willing to consider all of
the options outlined in the previously mentioned letter.
Room 346 Municipal Building 215 Church Avenue, S.W. Roanoke. Virginia 24011-1591 (703) 981-2333 FAX (703) 224-3138
Mr. Donald T. King
December 5, 1995
Page 2
Please advise of your decision, after reconsideration,
regarding evaluation of all options outlined in my October 20
letter.
Sincerely,
W. Robert Herbert
City Manager
WRH:KBK:afm
cc:
Honorable Mayor and Members, Roanoke City Council
Wilburn C. Dibling, City Attorney
James D. Grisso, Director of Finance
Mary F. Parker, City Clerk
William F. Clark, Director of Public Works
Kit B. Kiser, Director of Utilities & Operations
Glenn D. Radcliffe, Director of Human Development
George C. Snead, Director of Public Safety
IN REPLY REFER TO:
L1425(2541)
United States Department of the Interior
NATIONAL PARK SERVICE
Appalachian National Scenic Trail
Land Acquisition Field Office
P.O. Box 908
Martinsburg, WV 25401
Re: Tracts 474-19/20, 475-20, 476-31/33
NOV 2
1 95
Mr. W. Robert Herbert
City Manager
City of Roanoke
215 Church Avenue, S.W.
Roanoke, Vir~c~nia 24011-1591
Dear Mr. Herbert:
Thank you for your letter of October 20 concerning our interest in acquiring a permanent
right-of-way across property of the City of Roanoke for the protection of the Appalachian Trail
We commend you on your willingness to move forward with the appraisal of the property and
believe the valuation information will be very helpful to you and the City Council in making a
sound decision concerning the sale of either an easement or fee to the United States. As we have
indicated in our prior communications, our authority to acquire from local governments is only
under a willing seller basis, so whatever agreement we reach will be entirely voluntary. We
remain of the opinion that the Appalachian Trail is not only an asset to the entire public, but, also
is very special asset to the local commllnity which you serve.
Concerning the options for sale, we are in agreement to proceed with an appraisal of the property
that would provide for the fee simple sale, Option (II) (BX3) and the sale of an exclusive
easement, Option(IIXBX4). We are interested in pursuing these options and can agree to include
the two provisions as contained in our letter of September 12,~.1995. These provisions restrict
the use of the property to pedestrian travel only in conformaflce with the National Trails System
Act, as amended, and provide for a mutually agreeable provision for closure in case of seasonal
fire hazard.
We would not be interested in a non-exch~.~tve easement as such an easement would
allow the City to conVey rights that would be detrimental to the trail resource. For example, in
such a case, the City could convey rights to the trail corridor for the construction of roads, towers
and power tran~mi.~,sion lines. This would be in direct conflict with preserving the trail corridor as
part ora scenic hiking experience for the public to enjoy. The low level recreational use by the
Appalachian Trail which has occurred in the past will continue and in our opinion would
complement the current use of the City's lands for watershed purposes. As noted earlier, thi~ use
Mr. W._Robert Herbert 2.
has taken place on the mountain for over 40 years and the Roanoke Appalachian Trail Club will,
as they have in the past continue to do a frae job of managing the trail. We believe this role by
members of your comwmnity is what volunteeri~m is all about.
We would ask that you allow us to proceed with an appraisal of the options that we fmd
acceptable. We will then be in a position to present to you and the City Council the value of the
fights we desire to acquire for the protection of the Appalachian Trail There is entirely no
obligation on the City's part to sell the easement and/or lands, but, thi~ would allow us to put on
the table the exact amount of money that would be available in the event the Council decided to
proceed with a sale.
In order to move forward, we only need a designated person for the appraiser to contact for entry
onto the property.
Sincerely,
Donald T. King
Chief~ Land Acquisition Field Office
IN REPLY RF.F£R TO:
L1425(2541)
United States Department of the Interior
NATIONAL PARK SERVICE
Appalachian National Scenic Trail
Land Acquisition Field Office
P.O. Box 908
Martinsburg, WV 25401
Re: Tracts 474-19/20, 475-20 and 476-31/33
SEP
"'5
1996
Mr. W. Robert Herbe~
City Manager
City of Roanoke
Mnnicipal Btfilding
215 Church Avenue, S.W., Room 346
Roanoke, Virginia 24011-1591
Dear Mr. Herbert:
The appraisal of the City of Roanoke's property located in the Appalachian National Scenic
Trail has been received and approved. Based on this appraisal, we have established
$310,000.00 as just compensation for the acquL~tion of a right-of-way easement over 827.31
acres of the propel~y. The just compensation for the fee acquisition of the 827.31 acres has
been establi~ed at $413,655.00. This nmount is not less than the approved appraised value
which was determined after a thorough review and analysis of all pertinent factors affecting
the value of the property, including the following:
I. The highest and best use of the property.
2. Comparable bona fide sales of properties between private parties, the date of
such sales, price paid, location and other physical characteristics.
3. Any increase or decrease in the fair mnrket value prior to the date of valuation
caused by this project has been di~egarded in making a determination of just
compensation.
Enclosed are Corporate Offers to Sell Real Property in the above amounts. Ii'acceptable,
please have the Corporate Officers sign and attest one of the Offers, and affix the Corporate
Seal Retain Copy 6 for your records and return all other copies in the envelope provided.
Please also provide a copy of the Corporate Resolution authorizing this transaction. This
Offer to Sell will become a binding contract when accepted on behalf of the United States
Mr. W. Robert Herbert
within the time limit specified in paragraph (1) of the Offer. Also enclosed is a brochure which
will give you general information about potential benefits for which you may be eligl~ole under
Public Law 91-646, commonly referred to as the Relocation Act.
Enclosed, also, are copies of the title insurance commitments which we have obtained on
subject properties. Please inspect Schedules "A" and "15" of these commitments so as tO
verify the information in them and advise us should you find anything contained therein that
you question. Under Schedule A, (Commitment 7016-66,144) Item 3, Parcel One (Tract
474-19) - Title is vested in the City of Roanoke and Roanoke Water Works Company. Our
title agent was not able to locate a deed from the Roanoke Water Works Company to the City
of Roanoke. Did the City of Roanoke acquire the Roanoke Water Works Company or divest
them of any interest in this property? The title agent will need additional information
regarding this title issue or a deed from the Roanoke Water Works Company to the City of
Roanoke. Please review your records and provide any information you have that would
clarify the owner~'.m. Also, under Schedule B, (Commitment 7016-65,987) Item 2 and
(Commitment 7016-66,144) Items 7 and 8 - these exceptions pertain to mineral reservations.
The title agent will require the enclosed executed Affidavit pertaining to these rights.
Should you have any questions, please contact me at the above address, or call 304/263-4943.
Donald T. King
Chiei~ Land Acquisition Project Office
Enclosures:
Offers to Sell
Return Envelope
Brochure
Title Commitments
^mdafvit
MINUTES OF OCTOBER 23, 1996 ~TER RESOURCES COMMITTEE MEETING
1996, and the Consumer Pdce Index for the same period of time increased by 32 percent;
and that initiatives implemented include more efficient use of energy, oxygen starvation of
biological culture to hasten phosphorus uptake, and filling positions on an "as needed
basis". The Chairperson commended Mr. Walker and the Sewage Treatment Plant
employees for their efforts.
(For full text, see report on file in the City Clerk's Office.)
Without objection by the Committee, the Chairperson advised that the report would
be received and filed.
APPALACHIAN TRAIL CROSSING PORTIONS OF CARVINS COVE PROTECTED
WATERSHED: The Chairperson advised of a request by the federal government to
acquire rights by fee simple purchase or easement on a portion of the Appalachian Trail
crossing portions of Carvins Cove protected watershed, and referred to a report presented
to the Committee on October 16, 1995, explaining that an agreement dated December 6,
1973 between the City and the Commonwealth of Virginia Division of Parks allowed the
passage of the Appalachian Trail over City owned watershed property; the right conferred
was the right of the conferee and the general public to use up to a 200 foot wide pedestrian
right-of-way centered on the trail as the trail meanders in and out of the City's property for
a distance of approximately 31,000 feet in length; extension of the initial 10-year term of
the agreement occurred in 1983 with subsequent extensions automatically occurring every
five years thereafter unless the agreement is terminated by either party; correspondence
addressed to Mayor Bowers dated December 23, 1994 from Donald T. King, Project
Manager with the National Park Service, was considered by City Council on January 9,
1995 and subsequently referred to the City Manager for report back to Council; and
Appalachian Power Company also communicated their request to eventually place an
additional power line across the City's watershed property and voiced concern regarding
a possible conflict with the National Park Service should the trail right-of-way be widened
and sold in fee simple or as an exclusive easement from the City to the United States
Department of the Interior. The Chairperson further advised that the October 16, 1995
report also explained that subsequent correspondence under date of September 12, 1995
was received from Donald T. King concerning the National Park Service's interest in
acquiring a permanent right-of-way across City owned property; a policy decision was
necessary regarding who should have ultimate control of that portion of the Appalachian
Trail for a width of up to 500 feet on either side of the center line within the City's protected
watershed property, and based on that policy decision, the following may occur:
1. Continue the current agreement;
Grant a non-exclusive easement over the trail, as described in the current
agreement, and include restrictions as outlined in the current agreement
with the exception of the City's right to terminate;
3
3. Negotiate a fee simple sale of up to approximately 850 acres;
4. Negotiate an exclusive easement over the trail up to 850 acres;
5. Negotiate a non-exclusive easement over the trail up to 850 acres;
that the staff recommended that City Council agree to continue to support the current
agreement which gives the Appalachian Trail the right to be located along the higher
elevations of the watershed within a right-of-way up to 200 feet in width; and on October
16, 1995, the Committee voted to refer the matter back to the administration for further
information regarding the fair market value of a permanent easement or conveyance of fee
simple title, and also what other restrictions might be afforded this grant to specifically meet
the request of the federal government.
The Chairperson referred to a staff report under date of October 23, 1996, advising
that following the Committee's action tabling the issue on October 16, 1995, and its request
for appraisal information on the issue of granting a non-exclusive easement, exclusive
easement and fee simple sale, a letter dated October 20, 1995 was sent to the National
Park Service asking for information on fair market value on a non-exclusive easement with
certain restrictions, over the current alignment and including 100 feet on each side of the
centerline of the trail for a total width not to exceed 200 feet, a non-exclusive easement,
with certain restrictions, over the current alignment to include 500 feet on each side of the
trail for a total width not to exceed 1,000 feet, an exclusive easement 100 feet in width on
each side of the trail, an exclusive easement 500 feet in width on each side of the trail, and
fee simple purchase of approximately 850 acres, being roughly equivalent to a stdp 500
feet on each side of the trail; that the National Park Service advised they are not interested
in non-exclusive easement or any easement less than one approximated 500 feet on each
side of the trail; a request to assess fair market value on all options was again requested
by the City pursuant to a letter under date of December 5, 1995; and two offers have been
received, as follows:
(1)
Fee simple acquisition, subject to existing third party rights, of 827.31 acres
for $413,655.00 or $500.00 per acre; and
(2)
An exclusive easement, over the same 827.31 acres for $310,000.00 or
$374.71 per acre.
It was further advised that the fair value for a non-exclusive easement 100 feet wide
on each side of the center of the current trail alignment with certain restrictions contained
in the current agreement for the trail is estimated to be $75,000.00; and the staff
recommended that City Council continue to support the current agreement which gives the
National Park Service the right to maintain the Appalachian Trail along the higher
elevations of the watershed within a non-exclusive right-of-way up to 200 feet in width, e.g.,
up to 100 feet on each side of the trail centerline, subject to the continuing restrictions
contained in the current agreement.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout inquired if it is possible for the City to agree to sell all or part of the
property to the National Park Service, with City Council having control over the expenditure
of the money, for example, to use the money for greenways.
Mr. Grisso advised that it is not unusual for City Council to appropriate prior years'
retained earnings and move it from one fund to another or from one program to another.
Mr. White stated that City Council also has the authority to be fiscally responsible,
and questioned what Council's practice has been when selling an asset; whether the
money was used in that fund or whether the money was put into the General Fund and
used for any type of obligation; and what the most fiscally responsible policy is related to
disposal of assets.
Mr. Gdsso stated that one example would be a users fee which was based on
customers buying water from the City; that historically, money is not taken from one fund
to the other, and there is usually some relationship if that is done; that many years ago,
there was a payment in lieu of taxes that was taken out of the Water Fund and transferred
to the General Fund, but that has since been eliminated, so the Water Fund operates
without paying taxes. He advised that he believes the fiscally responsible thing to do
would be if the monies to buy these lands were provided by user fees and if $400,000.00
is moved out of the Water Fund, that would put the City $400,000.00 closer to the next
water rate increase.
Mr. Trout referred to an instance relating to the flood control reduction project when
Council adopted an Ordinance to add on a two percent utility tax for that purpose, and the
money was set aside for the flood control project, then about three years later, City Council
rewrote the rules and started giving part of that money to the schools; and stated that the
average citizens' perception is that the money is going towards the flood reduction project.
Mr. Grisso stated that the money that is being collected from the two percent utility
tax is still available to pay the debt service on the Roanoke River Flood Reduction Bond,
if and when that project goes forward. He advised that he is not certain the City can do
something else with that two percent other than using it for the flood reduction project;
however, the two percent has grown over a pedod of years, and some of it has been built
into the operations of the City budget and the school budget.
5
Mayor Bowers stated that he is disappointed in the City administration for not taking
the lead in greenways development in the Roanoke Valley; that he thought it was the
intention of Council to do just that; and he thought this was a good opportunity to do so,
that the City had a chance to take the initiative and make a challenge to the other
communities in our Valley; and with this recommendation, the administration is just not
taking the environmental initiative that he believes it should. He stated that it was his
understanding that there is no written Mission Statement for the Water Fund, Sewer Fund,
Civic Center Fund, etc.; however, he believes that protection of the environment is an
important issue for Roanokers and as we go forward in securing proper water treatment
facilities we have to look at the environmental aspects; and when we go forward with
sewage treatment, we have to look at the environmental aspects. He stated that citizens
are in favor of the greenways development, and they see that this is a way to go forward
with this through the Sewer Fund, General Fund or Water Fund; that this is money that can
be used to develop on the sewer interceptor line what we have been told by the City
administration that they are prepared to go forward on, so he believes this would be the
money to do that.
Mr. Parrott stated that he believes the Committee is confusing issues, that the issue
is not whether or not the City is in favor of or against greenways, rather, the issue being
considered is whether the City should sell approximately 800 acres of land to the federal
government and subsequently lose complete control over it. He pointed out that the
environmental aspects of the land can be controlled when the City owns it, but the City
cannot control it if it does not own it; that he believes the Committee and the Administration
all are in favor of the Appalachian Trail; however, as a past member of the Appalachian
Trail Club, he can see no way that his enjoyment of the trail could have been enhanced if
it had been owned by the federal government. He stated that he believes the Committee
is clouding the issue; that it is not about greenways; and if the City wants to develop
greenways it can find a way to do so without selling this land to the federal government.
Mr. White stated that the City has made a commitment to fund the greenways and
will meet that commitment, but he does not see the greenway funding as being a part of
this issue, inasmuch as they are two separate issues; and he would hope that the
Committee would deal with the issue of control over the land as a separate issue. He
stated that in order to properly evaluate this issue and be in a position to make a decision,
he believes the City should set up a mechanism to hear the citizens' comments on this
matter; that it is apparent there is a lot of interest both pro and con, and the City needs to
have citizen participation and input on this issue.
Mr. James M. Whitney, President, Roanoke Appalachian Trail Club, appeared
before the Committee and referred to the National Park Service agreement for the
proposed easement and suggested that changes could be made in the language if the City
has any reservations conceming the language, in order to make it more beneficial for the
City as far as the number of dry days with the threat of forest fires. He stated that the trail
6
has been on the mountain for quite some time and the Appalachian Trail Club has had a
good relationship with the City; that there is less than forty miles of the 2,000 mile trail that
is left to be protected; and he would recommend that the City assist with getting this land
protected. He requested that the Committee give consideration to granting a permanent
easement, or conveying the land to the National Park Service for the Appalachian Trail.
A citizen appeared before the Committee and stated that he concurred with the
remarks of Mr. Parrott and Mr. White that the City should not sell the land to the Park
Service; however, an easement or lease agreement to protect the Appalachian Trail would
be acceptable.
Mr. Charles A. Blankenship, Vice-President of the Valley Beautiful Foundation and
Vice-Chairman of the Greenway Steering Committee, appeared before the Committee and
presented a communication under date of October 21, 1996, advising that the Valley
Beautiful Foundation has carefully considered the National Park Service's offer to acquire
an easement for certain lands in the Carvins Cove watershed that would provide a
protective corridor for the Appalachian Trail, and the organization strongly supports the
sale of an easement for these lands in the Carvins Cove watershed by the City of Roanoke
to the National Park Service; that the Roanoke Appalachian Trail Club has managed and
maintained this portion of the trail for over 60 years; the fundamental operation of this
National Park is accomplished by volunteers participating in the Appalachian Trail
Conference and local maintaining clubs; the Roanoke Appalachian Trail Club will remain
the lead maintaining organization; that if the City does not want to enter into an agreement
with the National Park Service, an agreement for permanent trail protection could be
entered with the Commonwealth of Virginia or the Roanoke Appalachian Trail Club; that
the National Park Service, the Appalachian Trail Conference, and local maintaining clubs
work together with local governments and other federal and state agencies in one of the
nation's most successful cooperative institutions; and the Valley Beautiful Foundation
would like to see the City of Roanoke join this unique and exceptionally fine working
partnership. It was further advised that since the U. S. Congress authorized acquisition
of lands for the Appalachian Trail, the National Park Service has successfully negotiated
agreements and acquired properties or interests through four other community watersheds,
and additionally, the Park Service has successfully negotiated easements or fee
acquisitions with twenty-five other local governments and over 4,000 individuals; that the
substantive goal we all share is maintaining the quality of water that Carvins Cove supplies
our City, and the Valley Beautiful Foundation believes the National Park Service has the
same goal; that the Foundation believes the reputation of our All Amedca City can only be
enhanced by joining the cooperative effort to complete one of our nation's most popular
National Parks; and in the event there are unresolved concerns identified by the Water
Resources Committee, the Valley Beautiful Foundation believes a mediation process is
appropriate to provide the basis for further negotiation to enable Roanoke's citizens to
capitalize on the opportunity provided by the National Park Service offer.
7
Mr. Blankenship stated that the Valley Beautiful Foundation supports grenting a
permanent easement to the National Park Service for the pretection of the Appalachian
Treil, and that he believes it is important for the City to have citizen participation and input
on this issue before a decision is made.
Dr. William Gordge, representing the Roanoke Appalachian Trail Club, appeared
before the Committee and advised that the club has been maintaining this section of the
Appalachian Treil for twenty-five years and he thinks the compatible relationship that has
been enjoyed is amazing and to his knowledge, in all this time there have been no major
adverse incidents to happen. He stated that the treil is 18 miles from Daleville to Highway
311 and 15 miles of it wreps areund Carvins Cove and that 15 miles of the trail is already
under National Park Service protected corridor; and that one of the reasons there are so
few incidents in the 3 or 4 miles of unprotected corddor is because it is such a long way in
to the City-owned part. He stated he believes the National Park Service has done a
superlative job in assisting the City of Roanoke in protecting the Carvins Cove Watershed;
the National Park Service has been great for the Appalachian Treil in providing a buffer to
illegal access to the watershed and they deserve consideretion of their request for an
easement across the property; and he believes all of the issues mentioned are negotiable
and the attorneys for both sides should get together to work out the problems and come
to an agreement.
Mr. Jim Olin, former Congressman, appeared before the Committee and advised
that he worked with the Appalachian Treil Club dudng his tenure in the Congress and they
have dghtly tried to obtain a 500 foot easement on each side of the trail for protection so
that developers would not interfere with the land; he believes the Park Service's request
for an easement or purchase of the land makes a lot of sense; that it is probably not going
to be of any harm to the City and will probably add more protection; that it would be
beneficial if the City could have a fdendly viewpoint with regard to the request of the
National Park Service because it is almost a national issue; and he urged the City of
Roanoke to favorably consider the request of the Park Service.
Ms. Laurie Atkins, a City resident and member of the Roanoke Trail Club, appeared
before the Committee and advised that she has hiked the trail several times and it is a
great greenway. She stated she believes the National Park Service does the very best job
any organization could in protecting the Appalachian Trail; she was embarrassed to find
out that the City of Roanoke might be a stumbling block in gaining this final protected area
of the trail; she would like to see the City of Roanoke support the Appalachian Trail and
support protection of it; she would like to see the National Park Service purchase the land,
although an easement would be acceptable; that ownership by the National Park Service
would protect the watershed and protect a recreational resource for our children and our
people; and if the City sells the land to the National Park Service, the protection of the trail
will become a national issue and the whole counb7 can help to protect it through the Park
Service.
8
Mr. William Tanger, Chairman of the Sierra Club, Roanoke River Group, appeared
before the Committee and advised that the Sierra Club, Roanoke River Group, has
adopted a Resolution in support of the sale of City land to the Appalachian Trail
Conference of the National Park Service; that the Sierra Club believes no negative impact
would result to the City of Roanoke from such a transaction; and the Sierra Club endorses
and supports the idea of the sale of the property to the Appalachian Trail Conference as
long as the monies obtained from the sale of the land are used towards developing
greenways on City of Roanoke property. He stated that he believes the federal
govemment/National Park Service is the ideal agency to protect the City's water source at
no cost to the City; the National Park Service would place stringent controls on use of the
land; and he believes the City Council should grant an easement to the Park Service;
however, he does not believe the land should be sold to the Park Service unless the
monies are dedicated for greenways.
Ms. Barbara Duerk appeared before the Committee and advised that this issue
means very much to citizens of Roanoke; that the Appalachian Trail is on road maps,
scenic maps, and national maps and needs to be protected one way or another; and that
the City should consider all of the issues before a decision is made.
Mr. Art Pendleton, a Vice-President of Roanoke Gas Company, appeared before
the Committee and expressed concern that the gas company's current gas main runs
beneath the trail and selling the land or granting an easement to the National Park Service
could interfere with Roanoke Gas Company's plans to run a second gas main into the
Roanoke Valley in the future, if needed.
Mr. White stated that this is a very important issue and he believes the Committee
has benefited by listening to the comments and concerns of citizens; and as part of the
City's vision and part of the local government, City Council has tried to encourage more
citizen participation; this is an issue where the City should be able to sit down and work out
an agreement so that everyone wins; and he would propose that the matter be referred
back to the City administration, i.e., the City Manager, City Attorney and Director of
Finance, and that they be directed to work with interested parties to work out an agreement
that provides the City of Roanoke and its citizens with the protection desired, but also
provides the interested parties with the protection that they want.
Mr. White moved that the matter be referred back to the City administration to
work with interested parties to work out an agreement that provides the City of Roanoke
and its citizens with the protection desired, but also provides the interested parties with the
protection that they want, with a report back to the Water Resources Committee within 60
days; and if there is a possibility of a sale, that should be precluded from this agreement
inasmuch as the sale of the property and the greenways issue are budget items, and if any
Council Members or citizens wish to address funding of greenways, that should be brought
before Council and referred to budget study. The motion was seconded by Mr. Trout.
Mr. Trout suggested that the City Manager take a public hearing approach to the
matter, possibly at the Civic Center, and report back to Council with a recommendation.
Mayor Bowers requested that the following provisions be included in the motion:
(1)
That there be a reasonable time set for the City administration to report back
to Council; and
(2)
that the two issues of the sale of the land and funding for greenways be
connected.
The City Manager referred to the staff report which was presented to the Committee
on October 16, 1995, with regard to this matter, and advised that the City administration
requested the Park Service to provide fair market values for options that the Water
Resources Committee and City Council could discuss, as follows:
(1)
fair market value on a non-exclusive easement with certain restrictions, over
the current alignment and including 100 feet on each side of the centerline
of the trail for a total width not to exceed 200 feet;
(2)
a non-exclusive easement, with certain restrictions, over the current
alignment to include 500 feet on each side of the trail for a total width not to
exceed 1,000 feet;
(3) an exclusive easement 100 feet in width on each side of the trail;
(4) an exclusive easement 500 feet in width on each side of the trail; and
(5)
fee simple purchase of approximately 850 acres, being roughly equivalent
to a strip 500 feet on each side of the trail.
Mr. Herbert explained that the National Park Service advised they are not interested
in non-exclusive easement or any easement less than one approximated 500 feet on each
side of the trail; that a request to assess fair market value on all options was again
requested by the City pursuant to a letter under date of December 5, 1995; and two offers
have been received, as follows:
(1)
Fee simple acquisition, subject to existing third party rights, of 827.31 acres
for $413,655.00 or $500.00 per acre; and
(2)
An exclusive easement, over the same 827.31 acres for $310,000.00 or
$374.71. per acre.
10
The City Manager advised that the National Park Service did not value all the
options, and until the City can see what their position is on a non-exclusive easement over
the trail as currently set up with the narrow width or a non-exclusive easement for up to 850
acres, we do not have all the options; and accordingly, if the Committee tells him to come
back in 60 days he will have to come back without those two options, and it will be a choice
between status quo, a sale or an exclusive easement without any rights being retained to
protect the City government. He stated that the City has asked for a response from the
Park Service on four specific proposals, and they chose the two that were most beneficial
to them; therefore, the Committee does not have all the information to make the best
decision.
Mr. White stated that his motion would include the City administration exhausting
all efforts to get a response to the two questions referred to by Mr. Herbert; and the
directive would include having the City Manager to try to get the information he needs to
make the best recommendation with the input of citizens.
The Chairperson inquired as to whether the City Manager needed more than 60
days to bdng a recommendation back to the Committee; whereupon, the City Manager
advised that undoubtedly he would need more time. He stated that it would be very
important for him to be able to go back to the National Park Service on behalf of the Water
Resources Committee, and ask for answers to the other two options.
The Chairperson advised that without objection by the Committee, the City Manager
would be allowed to proceed with asking the Park Service for answers to the questions on
the other two options.
Mr. White amended his motion to include that the City Manager will report back on
the matter to the Water Resources Committee within 60 days after he receives a response
to his request from the federal government.
The Chairperson requested that Mr. White restate his motion, as amended.
Mr. White moved that the City administration be directed to work with interested
citizens to bring back an option to the Committee that will allow for the protection the City
desires'but will also allow for an agreement to provide for the majority of the issues the
citizens are looking for, and bring back a recommendation to the Water Resources
Committee within 60 days after notification is received from the federal government on the
two questions relating to the two additional options.
Mayor Bowers moved that the meeting of the Water Resources Committee be
recessed until following the regular meeting of City Council scheduled for 2:00 p.m. The
motion was seconded by Mr. Trout, and was lost on voice vote.
3.1
The motion offered by Mr. White, seconded by Mr. Trout, was approved on voice
vote, with Mayor Bowers voting no.
DISCUSSION. OF ENVIR
LETTER: The Ch · -- . . ONMENTAL SI
discussion of alrpersun aov~secl that due to laTcEk ASSESSMENT NOTIFICATION
environmental site assessment notification would be Considered by the
of time, the matter with regard to
Committee at a later date.
OTHER BUSINESS: None.
There being no further business, the Chairperson declared the meeting adjourned
at 1:58 P.m.
City Clerk
IN REPLY REFER TO:
L1425(2541)
United States Department of the. l nterior
NATIONAL PARK SERVIC~E
Appalachian National Scenic Trail
Land Acquisition Field Office
P.O. Box 908
Martinsburg, WV 25402-0908
FEDERAL EXPRESS
Re: Tracts 474-19/20, 475-20 and 476-31/33
OCT -! 1997
Mr. W. Robert Herbert
City Manager
City of Roanoke
Municipal Building
215 Church Avenue, S.W., Room 346
Roanoke, Vkginia 24011-1591
Dear Mr. Herbert:
The reappraisal of the City of Roanoke's property located in the Appalachian National Scenic
Trail has been received and approved. Based on thi~ appraisal, we have established
$325,000.00 as just compensation for the acquisition of a right-of-way easement over 827.31
acres of the property. The just compensation for the fee acquisition of the 827.31 acres has
been established at $434,338.00. This amotmt is not less than the approved appraised value
which was determined after a thorough review and analysis of all pertinent factors affecting
the value of the property, including the following:
L The highest and best use of the property.
2. Comparable bona fide sales of properties between private parties, the date of
such sales, price paid, location and other physical characteristics.
3. Any increase or decrease in the fair market value prior to the date of valuation
caused by thi,~ project has been disregarded in making a determination of just
compensation.
Enclosed is a Corporate Offer to Sell Easement in the above amount, ffacceptable, please
have the Corporate Officers sign and attest the Offer, and affix the Corporate Seal. Enclosed
is a copy for your records and return the original copy in the envelope provided. Please also
provide a copy of the Corporate Resolution authorizing thi,e transaction. This Offer to Sell
will become a binding contract when accepted on behalf of the United States within the time
Mr. W. Robert Herbert 2.
limit specified in paragraph (1) of the Offer. Also enclosed is a brochure which will give you
general information about potential benefits for which you may be eligl~ole under Public Law
91-646, commonly referred to as the Relocation Act.
Should you have any questions, please contact me at the above address, or call 304/263-4943.
Sincerely,
Donald.T. King
Chief; Land Acquisition Field Office
Enclosures:
Offer to Sell
Return Envelope
Brochure
EXHIBIT "B"
OFFER TO SELL EASEMENT
A PERPETUAL, EXCLUSIVE AND ASSIGNABLE EASEMENT consisting of the right to
locate, control and manage the easement only in accordance with the provisions and
intent of the National Trails System Act, to construct, manage, use, and maintain
the trail which is contained within the easement primarily as a public footpath
including the right to permit members of the public to traverse the area, and for
other purposes as may be required in connection with the construction, management,
development, use, and maintenance of said trail. It is conclusively presumed that
any and all rights and uses not specifically hereinafter reserved to the Vendor are
vested in the United States of America, excepting from the operation of this
easement ONLY those rights and uses as may be specifically hereinafter reserved.
The physical location of the easement is more particularly described in Exhibit A,
attached hereto.
THE VENDOR, for itself, its successors and assigns, covenants and agrees that
ONLY the following rights and uses are hereby reserved to itself, its successors and
assigns, on the easement contained on the land herein designated as Tracts 474-
19/20, 475-20 and 476-31/33:
The right to temporarily close the trail to the use of fires or take other
action deemed appropriate for public safety and/or to prevent resource damage
on the Vendor's Watershed lands, if, after conferring or making a reasonable
attempt to confer with the Park Manager of the Appalachian Trail or successor
officer, the Vendor's City Manager or successor officer concludes that there
is a decided potential fire hazard or other hazard which may cause damage to
the trail contained in the easement lands or other areas of the Vendor's
watershed. The Vendor shall be deemed to have made a reasonable attempt to
confer if the Vendor's City Manager or successor officer sends written notice
of the Vendor's need to confer and the Park Manager of the Appalachian Trail
or successor officer does not respond to said notice by the close of business
on the business day following receipt of said notice. The United States
shall provide the name, address, fax number and telephone number of the Park
Manager of the Appalachian Trail or successor officer to the Vendor's City
Manager or successor officer. The Vendor may only close the trail if the
Carvins Cove Area as a whole is closed to all public recreational
opportunities. The Vendor may only take other action for public safety and
to prevent reservoir damage on the Vendor's watershed lands that it takes on
or in the Carvins Cove Area as a whole. The term Carvins Cove Area shall
mean all of the land, and land under water, owned by the City situated partly
in the Counties of Botetourt and Roanoke extending beyond the watershed of
Carvins Creek, containing approximately twelve thousand (12,000) acres.
The right to grant future licenses and/or easements to public utilities,
provided such licenses or easements are contained within the area which is
600 feet wide and shown as a public utilities corridor on Exhibit D. Exhibit
D is attached hereto and incorporated by reference herein. This provision
shall not be construed or implied to mean the United States is in agreement
that this location is either appropriate or suitable for locating future
public utilities.
The right of first refusal if the Secretary charged with Administration of
the Appalachian National Scenic Trail permanently relocates the right-of-way
and disposes of all title or interest in the easement area. In such event,
the United States shall offer to the Vendor or its successor or assigns by
notice given to Vendor's last known address, the right of first refusal at
the fair market price, which shall be determined by an independent appraiser
agreed upon by the Vendor and the United States. The appraisal will be
prepared in accordance with the Federal Uniform Appraisal Standards for
Federal Acquisitions, as amended and subject to the review and approval of
the National Park Service to ensure the appraisal has been prepared in
accordance with said standards. If the parties are unable to agree, then
each party shall select an independent-appraiser and those two independent
appraisers shall select an independent appraiser who shall determine the fair
market value.
In the event of an emergency, the right to use mechanized or motorized
equipment or vehicles on the easement.
The United States, for itself, its successors and assigns, covenants and
agrees as follows:
In addition to the existing shelter and associated outbuildings, the
only structures allowed within the boundaries of this easement shall
be those necessary for the construction and maintenance of the
Appalachian Trail, specifically being bridges and other necessary
accouterments to the proper construction of a public footpath.
2. Hunting is prohibited on and in the easement area.
3 o
No mechanized or motorized equipment or vehicles of any nature are allowed on
the easement except for emergency, trail construction and maintenance
purposes.
The United States, its successors and assigns will not use nor will it
authorize the use of chemicals or other materials which might be toxic to
persons, animals, or fowl.
Camping in the easement area shall only be authorized at the existing shelter
and other currently authorized locations. The location of the existing
shelter and associated outbuildings which are authorized uses and the
locations where camping is currently authorized are identified on Exhibit
D. Exhibit D attached hereto and incorporated by reference herein. No new
camping locations or shelters shall be authorized without the written
permission of the City Manager or successor officer.
6 o
The United States has the right to assign this easement upon written notice
delivered to the Vendor's City Manager or successor officer 180 days prior to
any such assignment.
In the event the lands owned by the City of Roanoke adjacent to the easement area
are conveyed from the City's ownership and the Carvins Cove reservoir ceases to be
used as a source of potable water for the City of Roanoke, the rights retained by
the Vendor noted in paragraph 1 through 4 and the restrictions place on the United
States use as noted in Paragraphs 1 through 6 above will become null and void
without further action.
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 27, 1998
File 169-468
SANDRA H. EAKIN
Deputy City Clerk
Hong Ki Min Construction
5 Campbell Avenue, S. W.
Roanoke, Virginia 24011
Gentlemen:
I am enclosing three copies of Ordinance No. 33775-042098 granting a revocable license
for the construction of a marquee above the entrance to an existing building, encroaching
approximately ten feet six inches over and into airspace over the public sidewalk right-of-
way along the front of the building located at 109 South Jefferson Street, Official Tax
No. 1011126. The abovereferenced measure was adopted by the Council of the City of
Roanoke on first reading on Monday, Apdl 6, 1998, also adopted by the Council on second
reading on Monday, April 20, 1998, and will be in full force and effect ten days following
the date of its second reading.
You ara requested to file evidence of insurance coverage in amounts set forth on page 2
of the ordinance in the City Clerk's Office, Room 456, Municipal Building, 215 Church
Avenue, S. W.
The aboveraferenced ordinance shall be in full force and effect at such time as a copy,
duly signed, sealed, and acknowledged by Hong Ki Min, has been admitted to record, at
the cost of the Licensee, in the Office of the Clerk of the Circuit Court of the City of
Roanoke and shall remain in effect only so long as a valid, current certificate evidencing
the insurance required in Paragraph 4 of the ordinance is on file in the Office of the City
Clerk.
Hong Ki Min Construction
April 27, 1998
Page 2
Sincerely,
Mary F. Parker,
City Clerk
CMC/AAE
MFP:Io
Enclosure
Jeffrey W. Minnex, Sales, Stanford & Inge, Inc., 1568 Granby Street, N. E.,
Roanoke, Virginia 24012
W. Robert Herbert, City Manager
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
Glenn A. Asher, Risk Management Officer
Sarah E. Fitton, Engineering Coordinator
Evelyn D. Dorsey, Zoning Administrator, Planning and Community Development
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of April, 1998.
No. 33775-042098.
AN ORDINANCE granting a revocable license for the construction
of a marquee above the entrance to an existing building,
encroaching approximately 10' 6'~ inches over and into airspace over
the public sidewalk right-of-way along the front of the building
located at 109 Jefferson Street, Official Tax No. 1011126, upon
certain terms and conditions.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. Permission is hereby granted the current owner Hong Ki
Min ("Licensee") and his grantees, assignees, or successors in
interest, of the property b~aring Official Tax No. 1011126,
otherwise known as 109 Jefferson Street, within the City of
Roanoke, to construct and maintain a marquee that will encroach
approximately 10' 6" into the air space above the sidewalk right-
of-way of the existing structure, as more fully described in a
report to the Water Resources Committee dated April 6, 1998.
2. Said license, granted pursuant to §15.2-2010, Code of
Virginia.(1950), as amended, shall be revocable at the pleasure of
the Council of the City of Roanoke and subject to all the
limitations contained in the aforesaid S15.2-2010.
3. It shall be agreed by the Licensee that, in constructing
and maintaining such encroachment, the Licensee and its grantees,
assignees, or successors in interest shall agree to indemnify and
save harmless the City of Roanoke, its officials, officers and
employees from all claims for injuries or damages to persons or
property that may arise by reason of the above-described
encroachment over public right-of-way and airspace.
4. Licensee, its grantors, assigns or successor in interest
shall for the duration of this license maintain on file with the
City Clerk's Office evidence of insurance coverage in the amounts
not less than the following:
A. General Aggregate $300,000;
B. Products - Completed/Operations Aggregate $1,000,000;
C. Personal and Advertising Injury $1,000,000;
D. Each Occurrence $300,000;
E. Above amounts may be met by umbrella form coverage in a
minimum amount of $1,000,000 aggregate; $1,000,000 each
occurrence.
Certificate must list the City of Roanoke, its officers, employees,
agents and volunteers as additional insureds. Certificate shall
state that insurance may not be canceled or materially altered
without 30 days written advance notice of such cancellation or
alteration being provided to the Director of Utilities and
Operations of the City of Roanoke.
The City Clerk shall transmit an attested copy of this
to Hong Ki Min, 5 Campbell Avenue, S.W., Roanoke,
e
ordinance
Virginia.
6.
This ordinance shall be in full force and effect at such
time as a copy, duly signed, sealed, and acknowledged by Hong Ki
Min, has been admitted to record, at the cost of the Licensee, in
the Office of the Clerk of the Circuit Court of the City of Roanoke
and shall remain in effect only so long as a valid, current
certificate evidencing the insurance required in Paragraph 4 above
is on file in the office of the City Clerk.
ATTEST:
City Clerk.
ACCEPTED and EXECUTED by the undersigned this
, 19
day of
Hong Ki Min
COMMONWEALTH OF VIRGINIA §
§ To-Wit:
The foregoing instrument was acknowledged before me in my
jurisdiction aforesaid this day of , 19 , by
Hong Ki Min.
My Commission expires:
Notary Public
H:XORD\ENC-MIN. IA
RECEIV£~
CITY ~:
April 6, 1998
Report No. 98-320
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Revocable Permit for Right-of-Way Encroachment
Marquee at 109 Jefferson Street - Tax No. 1011126
The attached staff report was considered by the Water Resources Committee at its regular
meeting on March 16, 1998. The Committee recommends that Council authorize a revocable
permit, in a form acceptable to the City Attorney, to allow the construction of the marquee above
the Jefferson Street entrance to the building to encroach into the airspace over Jefferson Street, in
accordance with conditions stated in the attached report:
Respectfully submitted,
lnd~Cha~~erson
Water Resources Committee
LFW:KBK:afm
Attachment
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
Delores D. Daniels, Assistant to City Manager for Community Relations
Glenn Asher, Risk Manager
Sarah E. Fitton, Engineering Coordinator
Evelyn Dorsey, Zoning Administrator
Jeff Minnix, Stanford & Inge
Hong Ki Min, 5 Campbell Avenue, S.W.
Report No. 98-320
*CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
DATE:
March 16, 1998
TO:
FROM:
mber~.ater Resources Committee
·
"Kit-B. Ki~er, Dire~t(~.t~lities and Operations thru
W. Robert Herb~t~ Manager
SUBJECT: Revocable Permit for Right-of-Way Encroachment
Marquee at 109 Jefferson Street - Tax No. 1011126
Background:
A. The building located at 109 Jefferson Street is currently owned by Mr. Hong
Ki Min and occupied by the Corned Beef & Co. restaurant.
II. Current Situation:
Ao
Owner desires to construct a marquee over the Jefferson Street entrance
to the building. The marquee will serve to better identify the entrance and
create a focal point for the building.
The marquee to be constructed is 22' long and projects 5' from the face of
the building, which will encroach into the airspace 10'6" above the sidewalk
over the Jefferson Street right-of-way (see attached sketches).
III. Issues:
A. Need
Cost to City
Liability Insurance
Members, Water Resources Committee
Overhead Right-of-Way Encroachment
Marquee at 109 Jefferson Street - Tax No. 1011126
March 16, 1998
Page 2
IV. Alternatives:
Committee recommends that City Council authorize- a revocable permit, in
a form acceptable to the City Attorney, to allow the construction of the
marquee above the Jefferson Street entrance to the building to encroach into
the airspace over Jefferson Street.
1. Need expressed by owner to construct the marquee is met.
2. Cost to City is zero.
Liability Insurance to be provided by owner in amount and form
approved by the City Attorney and Risk Manager.
Committee does not recommend that City Council authorize a revocable
permit, in a form acceptable to the City Attorney, to allow the construction of
the marquee above the Jefferson Street entrance to the building to encroach
into the airspace over Jefferson Street.
1. Need expressed by owner to construct the marquee is not met.
2. Cost to City is zero.
3. Liability Insurance would not be an issue.
Recommendation: Committee recommends that City Council authorize a revocable
permit, in a form acceptable to the City Attorney, to allow the construction of the
marquee above the Jefferson Street entrance to the building to encroach into the
airspace over Jefferson Street.
WRH/KBK/SEF
CC:
City Attorney
City Clerk
Director of Finance
Director of Public Works
Director of Utilities and Operations
Members, Water Resources Committee
Overhead Right-of-Way Encroachment
Marquee at 109 Jefferson Street- Tax No. 1011126
March 16, 1998
Page 3
Assistant to City Manager for Community Relations
Risk Manager
City Engineer
Engineering Coordinator
Zoning Administrator
Jeff Minnix, Stanford & Inge
Hong Ki Min, 5 Campbell Avenue, SVV
ATTACHMENT A
INSURANCE REQUIREMENTS
FOR ENCROACHMENTS IN RIGHT-OF-WAY
Owner shall obtain liability insurance coverage with respect to claims arising out of the
subject matter of this agreement. The amount of such insurance shall not be less
than:
A. General Aggregate $300,000
B. Products - Completed/Operations Aggregate $1,000,000
C. Personal and Advertising Injury $1,000,000
D. Each Occurrence $300,000
Above amounts may be met by umbrella form coverage in a minimum amount
of $1,000,000 aggregate; $1,000,000 each occurrence.
Owner shall name the City, its officers, agents, employees, and volunteers as
additional insured as its interests may appear on the above policy. Such coverage shall
not be canceled or materially altered except after thirty (30) days prior written notice
of such cancellation or material alteration to the Director of Utilities and Operations of
the City of Roanoke.
Owner shall indemnify and save harmless the City of Roanoke, its officials, officers
and employees, from all claims for injuries or damages to persons or property that may
arise by reason of the encroachment over public right-of-way.
January 28, 1998
Mr. Kit Kiser
Director of Utilities
City of Roanoke
Roanoke, Virginia 24011
Dear Mr. Kiser:
Please add my request to put a canapy ( details have been submitted to your office by Jeff Minnix, Stanford
and Inge ) on the building owned by Mr. Hong Ki Minn known as 109 South Jefferson Street on the agenda
for the Water Resource Department board meeting to be held in March, 1998.
~ng~Ki Minn~
1568 G~mnby 6t.,N.E. * * *
24012
TO KITT KISER
DATE 1/12/98
TOTAL PAGES
RE;
FROM
PHONE 5401345-7341
OR 345-7342
JEFF MINNIX
we at stanford & inge are suppl¥in~ the followeing sketches
of the perposed marquee for corned beef & co at 109 jefferson
st. for the information to obtain an encroachment permit.
and or any sign or other permits required.
if there are any questions or need for further sketches
please feel free to contact me at (540 345-7341)
REMARKS .
i
!
-l't-I P_LI
DRAWl
DAIE SALES mm.
~IP. #
Il(Ill
~1o£ toA ~F~
I)RAV,'INI~
"'~" "~" *INDIVIDUAL 8ECTIO.**N?_.,~
Bar & C-.-.-~II Sign 1'-3" x 4'-3"
Copy - 9* & 4'
Corned Beef & Co. Approx, 16. & 8.
Reader Boar(Is
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Chumh Avenue, $. W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
Maq/F. Parker, CMCIAAE
City Clerk
April 28, 1998
File #18-60-184
8andra H. Eakin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
April 20, 1998, prior to 1998-99 budget study, Vice-Mayor Wyatt requested information
with regard to the proposed merit increase for City employees of 4% based on the 2.5%
increase in the pay plan structure, i.e.: a breakdown on the smallest percentage increase,
the highest percentage increase, intermediate level increases, and the number of
employees in each level.
Sincerely,~-~ ~'
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
pc: Kenneth S. Cronin, Manager, Personnel
H:~AG~.W~)
RECE~'v£D
CITY CLF? ':~ Oi:: F"
'98 APR l0 P2:18
The Williamson Road Recreation Club's Lady Hornets were champions of the
Roanoke City Parks and Recreation Girl's Little League season with a record of 10-0.
This championship earned them an invitation to the Virginia Rec & Parks Society's
Southwest Regional Tournament. This tournament was held on March 21 & 22, 1998, in
Wytheville, VA at the George Wythe High School Gymnasium. The Lady Hornets
competed against championship teams from Wytheville, Max Meadows, Campbell Co.,
Bedford Co., and Carroll Co. Following two days of very competitive play, the WRRC
Lady Hornets finished as tournament champions, defeating the Wytheville Lady Blue
Jays 24 to 20. With a tournament record of 5 and 1, the team finished with an overall
season record of 15-1.
The team roster is as follows:
Jordan Neal 44
India Mierez 33
Britny Rowland 31
Kierra Terry 25
Ashley Smith 23
Rebekah Melki 12
Season Robinson 11
Serena Rasoul 3
Emily Neal 2
Brooke Smith I
The Team is coached by:
Jennie Neal
Dale Neal
Vic Robinson
Darryl Burks
PUBLIC NO~ICE AND ADVERTISEMEITI' 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 ~s 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
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 polntl said point being
on t~e 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
270.00 feet to a point, thence leaving the property of
CHS, Inc. and the westerly right-of-way of Crystal Spr~ng
Avenue, S.W. and crossing said right-of-way S. 580 26
80.00 feet to a point, said point being on the easterly
right-of-way of Crystal Spring Avenue, S.W.I 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, S.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 lnvited 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-§4.A of the Code of Virginia (1950), as amended.
Within slxtydays 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, 21§ Church
Avenue, S. W., Roanoke, Virginia 24011.
NOTICE OF PUBLIC HEARING AND OF PUBLIC INTERVIEW
FOR SCHOOL BOARD TRUSTEE
BEFORE THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The Council of the City of Roanoke will hold a public hearing to receive the views
of citizens regarding appointment of Roanoke City School Board Trustees at its regular
meeting on Monday, April 20, 1998, at 7:00 p.m., or as soon thereafter as the matter may
be heard, in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215
Church Avenue, S. W. Candidates for School Board Trustee positions are: David W.
Davis, Harry F. Davis, Daniel G. Oakey, Melinda J. Payne and Ruth C. Willson.
The Council will also hold a public interview of candidates for the position of School
Board Trustee on Thursday, April 23, 1998, at 6:00 p.m., in the Roanoke City Council
Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W.
The public is invited to submit proposed questions to the candidates by filing such
written questions in the City Clerk's Office, Room 456, Municipal Building, 215 Church
Avenue, S. W., by 5:00 p.m., on Thursday, April 16, 1998. All questions will be asked by
the Members of City Council, and Council may ask such proposed questions filed with the
City Clerk as the Council, in its discretion, deems advisable.
The Council will elect two School Board Trustees for two three-year terms of office
commencing July 1, 1998, at a special meeting to be held on Monday, May 11, 1998, at
2:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council
Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W.
Mary F. Parker
City Clerk
NOTE TO PUBLISHER:
Publish in full once in The Roanoke Times on Thursday, April 9, 1998 --BLOCK STYLE.
(3"X 6")
Send publisher's affidavit and
bill to:
Mary F. Parker, City Clerk
Room 456, Municipal Building
215 Church Avenue, S. W.
Roanoke, Virginia 24011-1536
MARY 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
April 28, 1998
File ~317-352
SANDRA H. EAKIN
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Wilburn 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,
April 20, 1998, Mr. William Hudson, 502 Walnut Avenue, S. W., addressed Council with
regard to Festival in the Park and Roanoke's First Night. According to his research, he
advised that the City of Roanoke is the only City in the United States and Canada that
does not pay its musicians for performing in these events and requested an explanation.
The matter was referred to you to meet with Mr. Hudson to discuss his concerns.
Sincerely, ~~
Mary F. P~a er, CMClAAE
City Clerk
MFP:Io