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Home My WebLink AboutCouncil Actions 03-11-91Ha rvey (30430) REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL March 11, 1991 7:30 p.m. AGE~DA FOR THE COUNCIL Call to Order -- Roll Call. Mayor Taylor and Mrs. Bowles were absent. The invocation will be delivered by The Reverend Harold S. Moyer, Pastor, Williamson Road Church of the Brethren. Present. The Pledge of Allegiance to the Flag of the United States of America will be led by Vice-Mayor Howard E. Musser. The Vice-Mayor advised way for a Victory Parade in women from the Persian Gulf. of plans which are honor of returning presently under- service men and BID OPENINGS Bids for rehabilitation of Old Mountain Road Bridge over Tinker Creek. Three bids were referred to a committee composed of Messrs. White, Chairman, Clark and Kiser for tabula- tion, report and recommendation to Council. PUBLIC HEARINGS Public hearing on the request of Roanoke Memorial Hospitals that all of Weller Lane, S. E. (formerly known as Lake Street), all of Park Road lying east of Jefferson Street, and a portion of Belleview Avenue, between Jefferson Street and Hamilton Terrace, be per- manently vacated, discontinued and closed. Mr. Thomas T. Palmer, Attorney. Adopted Ordinance No. 30430 on first reading. (5-0) Public hearing on the request of Roanoke Memorial Hospitals that two tracts of land lying south of Weller Lane, S. E. (formerly known as Lake Street) and Park (1) Co Road and south of the centerline of the old Mill Mountain Tramway, consisting of Official Tax Nos. 4060504, 4060301 and a portion of 4060502~ and all streets lying within said tracts be rezoned from RS-3, Residential Single Family District, to C-1, Office District, subject to certain conditions proffered by the petitioner. Mr. Thomas T. Palmer, Attorney. Adopted Ordinance No. 30431 on first reading. (5-0) Public hearing on the request of ProTrek, Inc., a Virginia Corporation, that property located at 1629 Hanover Avenue, N. W., identified as Official Tax No. 2220208, be rezoned from RM-1, Residential Multi-Family, Low Density District, to RM-2, Residential Multi-Family, Medium Density District, sub- ject to certain conditions proffered by the petitioner. Mr. Walter M. Fizer, Sr., Spokesman. Adopted Ordinance No. 30432 on first reading. (5-0) C-1 C-2 C-3 CONSENT AGENDA (Approved 5-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DIS- CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. A communication from Vice-Mayor Howard E. Musser requesting an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and com- mittees appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss personnel mat- ters relating to vacancies on various authorities, boards, commissions and com- mittees appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. A communication from Council Member David A. Bowers, Chairman of the Legislative Committee, transmitting copies of correspondence sent to the City's Legislators. RECOMMENDED ACTION: Receive and file. A communication from Mr. Ronald M. Sharp tendering his resignation as a member of the City of Roanoke Transportation Safety Commission. ¢2) C-4 C-5 C-6 RECOMMENDED ACTION: Receive and file the communication and accept the resignation with regret. Qualification of Mr. Robert R. Copty as a member of the Board of Zoning Appeals to fill the unexpired term of Mr. Glynn D. Barranger, resigned, ending December 31, 1992. RECOMMENDED ACTION: Receive and file. Qualification of Mr. Ronald H. Miller as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 14, 1991. RECOMMENDED ACTION: Receive and file. Qualification of Mr. Advisory and Appeal Board, ending December 31, 1994. Robert C. Hudson as a member of the Air Pollution Control, for a term RECOMMENDED ACTION: Receive and file. REGULAR AGENDA Hearing of Citizens Upon Public Matters: None. Petitions and Communications: A communication from Mr. Jonathan M. Rogers transmitting a petition on behalf of The Greater Deyerle Neighborhood Association, requesting ratification of the Peters Creek Road Extension Mediation Consensus Agreement which was reached with the City Administration in February, 1990. Adopted Resolution No. 30433-31191. (5-0) 5. Reports of Officers: a. City Manager: Briefings: None. Items Recommended for Action: A report recommending establishment of appropriations/revenue accounts for payments in lieu of taxes received from the Roanoke Redevelopment and Housing Authority in connection with construction of the Downtown East Parking Garage Project. Adopted Ordinance No. 30434-31191. (5-0) A report recommending ratification of a professional services contract with Hayes, Seay, Mattern & Mattern, Inc., with a cost not to exceed $15,900.00, to perform (3) design work for repairs to Old Mountain Road Bridge; and transfer of funds therefor. 10. Adopted Ordinance No. 30435-31191 and Resolution No. 30436-31191. (5-0) 6. Reports of Committees: A report of received for William White, the committee repairs to Old Sr., Chairman. appointed to tabulate bids Mountain Road Bridge. Mr. WITHDRAWN· Unfinished Business: None. Introduction and Consideration of Ordinances and Resolutions: None. 9. Motions and Miscellaneous Business: Inquiries and/or comments by the Vice-Mayor and Members of City Council. The City Attorney was requested to prepare the proper measure expressing appreciation to the 1991 Metro Basketball Tournament officials, city employees, and others who participated in the Tournament. b. Vacancies on various authorities, boards, commissions and committees appointed by Council. Other Hearings of Citizens: Certification of Executive Session. ($-0) Elected the following persons: Melvin C. Anderson, Ronald E. Carlisle Jr· - Roanoke Neighborhood Partnership Steering Committee - Board of Trustees, City of Roanoke Pension Plan Reelected the following persons: Veron E. Holland Paul C. Dress - Fair Housing Board - Fair Housing Board (4) Office of the Council March 11, 1991 The Honorable Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, corr~issions and committees appointed by Council, pursuant to Section 2.1-344 (A) (1)~ Code of Virginia (1950), as amended. Sincere I~ Howard E. Musser Vice-Mayor ttEM:se Room456 MunicipalBulldlng 215 Chu~ch Avenue, SW Roanoke, Virginia24011 (703) 981-2541 Office of '~he Council March 7, 1991 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Mrs. Bowles & Gentlemen: I would ask that the enclosed correspondence to our Legislators be included in the consent agenda for the March 11, 1991 meeting of Council. Thank you. DAB/jfk Sincerely, ~r8 Councilman Room 456, MunicipaIBuildmg 215 Chu~chAvenue, S W Roanoke, Virginia 24011 (703)981-2541 Office of the Council March 7, 1991 The Honorable Richard C. Cranwell Member House of Delegates 111 Virginia Avenue Suite B 103 Vinton, VA 24179 Dear Dick: I have been asked by the members of the Legisla- tive Conmittee of Roanoke City Council to arrange an in- formal meeting or luncheon with you to discuss matters in- volving the City. We are quite aware of how hard you have worked on behalf of your constituents in the General Assembly over the last many years and recognize you, and congratulate you, on your having attained such prominence in the General Assembly. Needless to say, matters affecting your neighbors in the City of Roanoke often need your assistance on the floor of the House of Delegates. We have always been very proud of our delegates and senators which the City has sent down to Richmond and this year Chip, Vic and Granger really did a splendid job in seeing that twenty-one of the twenty-eight bills on the City's legislative agenda were approved by the General Assembly, giving them and us a 75% success rating. Nonethe- less, we look forward to developing a cordial and working relationship with you as the majority leader of the House, because we believe that cooperation among all area legisla- tors and the City will be in everybody's best interest. I will be calling your office within the next several days to inquire about your schedule so that we might set up a meeting between you, Mayor Taylor, Councilman White, Councilman Harvey and myself. We look forward to getting together with you. Best personal regards. Sincerely, DAB/jfk Room 456. Muni~ipalSuildiI~g David A. Bowers 215 Chu,(hAvenue. 5 W Roa,loke. Virginia 24011 (703)981-2541 Office of the Council March 7, 1991 Honorable A. Victor Thomas Member House of Delegates 1301 Orange Avenue, N.E. Roanoke, VA 24012 RE: City Legislative Agenda Dear Vic: I have been asked by the Legislative Committee of Roanoke City Council to personally thank you for your assistance in helping our committee and City Attorney Wil Dibling in a successful wrap-up of the many items which were on the City's 1991 legislative agenda. Of the twenty-eight items which we had initially considered, twenty-one were approved, giving you and us a 75% success rating. Congratulations! Needless to say, the approval of the House bill for the creation of the Hotel Roanoke Commission was the number one item on the City's Legislative Agenda for this year, and it successfully passed both houses of the Assembly. Likewise, Council has proposed for several years that the civil penalty be increased for the demolition of structures in historic areas, and this Senate bill was also passed by both houses this year. I am providing for you a copy of the interim status report prepared by Mr. Dibling which was presented to the Legislative Committee at our meeting on March 4, 1991. As you know, the Legislative Committee is a new standing committee of Council, and therefore I look forward to working with you throughout the year in establishing our agenda for General Assembly consideration. I anticipate that we will be back in touch with you in the next several months to discuss other issues. Should you have any questions or other comments, please do not hesitate to contact me. Again, thank you and best personal regards to you. Sincerely, DAB/jfk ENC: (1) David A. Bowers, Chairman Legislative Committee Room 456, MunicipalSuildmg 215 Chu~<hAvenue, S W Roanoke. Virginia 24011 (703)981.2,541 Office of the Council March 7, 1991 Honorable Clifton A. Woodrum, Member House of Delegates P. O. Box 1371 Roanoke, VA 24007 III RE: City Legislative Agenda Dear Chip: I have been asked by the Legislative Committee of Roanoke City Council to personally thank you for your assistance in helping our committee and City Attorney Wil Dibling in a successful wrap-up of the many items which were on the City's 1991 legislative agenda. Of the twenty-eight items which we had initially considered, twenty-one were approved, giving you and us a 75% success rating. Congratulations! Needless to say, the approval of the House bill for the creation of the Hotel Roanoke Commission was the number one item on the City's Legislative Agenda for this year, and it successfully passed both houses of the Assembly. Likewise, Council has proposed for several years that the civil penalty be increased for the demolition of structures in historic areas, and this Senate bill was also passed by both houses this year. I am providing for you a copy of the interim status report prepared by Mr. Dibling which was presented to the Legislative Committee at our meeting on March 4, 1991. As you know, the Legislative Committee is a new standing committee of Council, and therefore I look forward to working with you throughout the year in establishing our agenda for General Assembly consideration. I anticipate that we will be back in touch with you in the next several months to discuss other issues. Should you have any questions or other comments, please do not hesitate to contact me. Again, thank you and best personal regards to you. Sincerely, DAB/jfk ENC: (1) David A. Bowers, Chairman Legislative Committee Room 456. MunicipalRuildi,~g 215 Chul(hAvenue. S W Rodnoke. V iginla 24011 (703)981.2544 '~ VIE~-4NIA CHARTEI2EC~ I~,R2 '~ -- Office of the Council March 7, 1991 Honorable J. Granger Macfarlane, Senate of Virginia P. O. Box 201 Roanoke, VA 24002 Senator RE: City Legislative Agenda Dear Granger: I have been asked by the Legislative Committee of Roanoke City Council to personally thank you for your assistance in helping our committee and City Attorney Wil Dibling in a successful wrap-up of the many items which were on the City's 1991 legislative agenda. Of the twenty-eight items which we had initially considered, twenty-one were approved, giving you and us a 75% success rating. Congratulations! Needless to say, the approval of the House bill for the creation of the Hotel Roanoke Commission was the number one item on the City's Legislative Agenda for this year, and it successfully passed both houses of the Assembly. Likewise, Council has proposed for several years that the civil penalty be increased for the demolition of structures in historic areas, and this Senate bill was also passed by both houses this year. I am providing for you a copy of the interim status report prepared by Mr. Dibling which was presented to the Legislative Committee at our meeting on March 4, 1991. As you know, the Legislative Committee is a new standing committee of Council, and therefore I look forward to working with you throughout the year in establishing our agenda for General Assembly consideration. I anticipate that we will be back in touch with you in the next several months to discuss other issues. Should you have any questions or other comments, please do not hesitate to contact me. Again, thank you and best personal regards to you. Sincerely, DAB/jfk ENC: (1) David A. Bowers, Chairman Legislative Committee Room 456. MunidpalSuiidi~g 215 Chu,chAvenue. S W Roanoke. Vi,gima 24011 (70J)g81-2541 CITY COUNCIL'S LEGISLATIVE PROGRAM 1991 ~roposal Action Result 1. Sales tax - local option HB 1784 (Quillen) HB 1940 (Smith) SB 84 (Wampler) - all defeated 2. Hotel Roanoke Commission HB 1764 (Woodrum) passed 3. Trade & Convention Center Funding No bill 4. Education - full funding of Standards of Quality No action ® Methodology of calculating Standards of Quality Equity in educational funding Report of Governor's Commission on Educational Opportunity for All Virginians is favorable 7. Education - elimination of school age census No provisions in budget 8. Education - enrollment loss Kept enrollment loss pro- vision in SOQ - protects school divisions with de- clining enrollments 9. Education - opposition to teacher salary mandates No requirement in State Budget 10. Education - binding arbitration of teacher grievances No bill page 2 Proposal Action Result 11. Drugs - forfeiture of assets of drug dealers HB 1308 (~oodrum passed 12. Transportation - improved access to Blacksburg/ Virginia Tech No action 13. Tax on production of drinking water SB 873 (Holland, C.A.) defeated 14. Assessment for Courthouse and Jail Maintenance HB1510 (Woodrum) passed 15. Development in historic districts - conditions on certificates of appropri- ateness No bill 16. Grievance procedure - separate local government legislation SB 777 (Schewel) passed 17. Immunity for staff and vol- unteers in youth athletic programs No bill 18. Notice of claims repeal No bill 19. Extension of occupational disease presumptions SB 565 - withdrawn 20. Collective bargaining SB 892 and 893 HB 1836 - all defeated Page 3 Proposal Action Result 21. Salaries of Mayor, Vice- Mayor and Council Members No bill 22. BZA-staggered terms SB 528 (Macfarlane) passed 23. Demolition of historic structures SB 528 (Macfarlane) passed 24. Design overlay districts SB 529 (Macfarlane) passed 25. Mandate relief HB 1902 (Harris) - authorizes Governor to suspend mandates. SB 721 (Goode) - extension of landfill regulation deadlines. 26. Opposition to limita- tions on local taxing authority SB 504, SJR 160, SJR 214 and HJR 470 - all defeated 27. Increase in penalties for local misdemeanors SB 580 (Chichester) HB 1374 (Jackson) passed 28. Regulation of dangerous SB 881 (Early) + dogs passed OTHER BILLS ON WHICH CITY TOOK POSITION 1991 SESSION Proposal Action Result Storm water utility authority HB 1770 (Callahan) passed Require City Attorney to enforce Clean Indoor Air Act HB 1796 (Del. Cohen) defeated Limitation as to liability for uninsured motorist coverage of self-insureds HB 2012 (Keating) ® Opposition to requirement that municipal cemeteries vest owership of lots in decedent's estate SB 754 (Calhoun) amended to exempt cemeteries for indigents Opposition to bill providing State not to pay for local prisoners held 16 hours or less SB 856 (Anderson) defeated MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W, Room 456 Roanoke. Virgm~a 24011 Telephone: (703) 981-2541 March 13, 1991 SANDRA H. EAKIN Deputy C~ty Clerk File #20 Mr. Ronald M. Sharp 414 Aragona Drive Vinton, Virginia 24179 Dear Mr. Sharp: Your con~nunication tendering your resignation as a member of the City of Roanoke Transportation Safety Commission, was before the Council of the City of Roanoke at a regular meeting held on Monday, March 11, 1991. On motion, duly seconded and adopted, the communication was received and filed and the resignation was accepted with regret. The Council requested that I express its sincere appreciation for the many services you have rendered to the City of Roanoke as a member of the Cor~nission. Please find enclosed a Certificate of Appreciation issued by the Mayor on behalf of the Members of City Council. Sincerely, ~~ Ma ry F. Parker, C~4C/AAE City Cleric MFP:ra Enc. pc: Mr. Robert Transportation K. 8engtson, Chairman, Safety Commission City of Roanoke MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S W, Room 456 Roanoke, Virginia 24011 Te~e~ohone: (703)981-2541 March 13, 1991 SANDRA H. [AKIN DeDuty C~ty Clerk File #15-$1 Mr. L. Elwood Norris, Chairman Board of Zoning Appeals 3818 Park Lane, S. W. Roanoke, Virginia 24015 Dear Mr. Norris: This is to advise you that Mr. Robert R. Copty has qualified as a member of the Board of Zoning Appeals to fill the unexpired term of Mr. Glynn D. Barranger, resigned, ending December 31, 1992. Sincerely, ~gk~_<~ a4ary F. Parker, CMC/AAE City Clerk ~FP : ra pc: Ms. Ruth C. Armstrong, Secretary, Board of Zoning Appeals COMMONWEALTH OF CITY OF ROANOKE VIRGINIA To-wit: I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the twenty-fifth day of February, 1991, ROBERT R. COPTY was elected as a member of the Board of Zoning Appeals to fill the unexpired term of Glynn D. Barranger, resigned, ending December 31, 1992. Given under my hand and the Seal of the City of Roanoke this twenty-seventh day of February, 1991. City Clerk MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S w, Room 456 Roanoke. Virg~ma 24011 Telephone: (703) g81-2541 March 13, 1991 SANDRA H. EAKIN Deputy C~ty Clerk File #15-488 Ms. Barbara N. Duerk, Chairman Roanoke Neighborhood Partnership Steering Committee 2607 Rosalind Avenue, S. W. Roanoke, Virginia 24014 Dear Ms. Duerk: This is to advise you that Mr. Ronald B. Miller has a member of the Roanoke Neighborhood Partnership Committee for a term ending November 14, 1991. Sincerely, ~X~ ~4ary F. Parker, C~C/AAE City Clerk qualified as Steering MFP:ra pc: Ms. Stephanie F. Cicero, Neighborhood Partnership Coordinator COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) To-wit: I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the nineteenth day of February, 1991, RONALD H. MILLER was reelected as a member of the Roanoke Neighborhood Partnership Steering Com~nittee for a term ending November 14, 1991. Given under my hand and the Seal of the City of Roanoke this twenty-first day of February, 1991. City Clerk MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S w, Room 456 Roanoke Virgm~a 24011 Telephone: (703) 981-2541 ~4arch 13, 1991 SANDRA H. EAKIN Deputy City Clerk File #15-199 Mr. James L. Hancock, Chairman Advisory and Appeal Board, Air Pollution Control 3221 Troy Avenue, N. W. Roanoke, Virginia 24012 Dear Mr. Hancock: This is to advise you that Mr. Robert C. Hudson has qualified as a member of the Advisory and Appeal Board, Air Pollution Control, for a term ending December 31, 1994. Sincerely, ~0~l Mary F. Pa rkor, CR4C/AAE City Clerk MFP:ra COM~40NI~'EALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the seventh day of January, 1991, ROBERT C. HUDSON was reelected as a member of the Advisory and Appeal Control, for a term ending December 31, Given under my hand and the Seal of ninth day of January, 1991. Board, Air Pollution 1994. the City of Roanoke this City Clerk MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S W, Room 456 Roanoke. Vifg~ma 24011 Telephone: (703)981-2541 March 13, 1991 SANDRA H. EAKIN Deputy CiTy C}erk File #20-214-66-77 Mr. Jonathan M. Rogers, Attorney Greater Oeyerle Neighborhood Association 3734 Lake Drive, S. W. Roanoke, Virginia 24018 ~r. James ~. Ellison, Co-President Greater Deyerle Neighborhood Association 2030 Knollwood Drive, S. W. Roanoke, Virginia 24018 Gentlemen: I am enclosing copy of Resolution No. 30433-31191 responding to a certain petition presented to City Council at its meeting of ~arch 11, 1991, requesting Council to ratify a document described as a "consensus agreement" between the City Administration and Greater Deyerle Neighborhood Association. Resolution No. 30433-31191 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, ~arch 11, 1991. Sincerely, ~~ ~4ary F. Parker, CMC/AAE City Clerk ~FP:ra Eric. pc: Mr. Robert Herbert, City ~anager IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, Ihe lltb Day of March, 1991. No. 30433-31191. A RESOLUTION responding to a certain petition presented to City Council at its meeting of March 11, 1991. WHEREAS, at the March 11, 1991, meeting of City Council, the Greater Deyerle Neighborhood Association (GDNA) presented Council with a petition requesting Council to ratify a document described as a "consensus agreement" between the City administration and the GDNA; WHEREAS, Council, at its meeting of March 11, 1991, afforded representatives of GDNA, including their Co-President and attorney, Jonathan M. Rogers, a full and fair opportunity to be heard on their request; and WHEREAS, Council likewise heard comments of other citizens in opposition to the request of GDNA; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council finds that the public health, safety, ~lfare and convenience needs of this City and its people are continually changing and that measures designed to address such needs cannot be permanent so as to preclude future City Councils and City Managers from responding within the scope of their respective authorities to meet such changing needs. 2. Council further finds that the traffic control measures heretofore implemented in the discretion of the City Manager in the Greater Deyerle Neighborhood, as well as in all neighborhoods of the City, must be continually evaluated and should be revised from time to time as necessary to meet changing public health, safety, welfare and convenience needs of this City and its people. 3. Council has not delegated to the City Manager the authority to enter into agreements binding the City to implement and maintain certain traffic control measures nor has Council authorized any agreement between the City and GDNA with respect to traffic control measures, including signage. 4. Council has not heretofore ratified any agreement beween the City and GDNA relating to traffic control measures, and Council expressly declines to ratify the document perceived by GDNA to be an "agreement". 5. Council commends the dispute resolution process engaged in by the City administration and GDNA inasmuch as it provided City officials with a much better understanding of neighborhood concerns and permitted the City Manager to voluntarily act to implement traffic control measures deemed by him appropriate to mitigate any adverse effects of motor vehicle traffic on the Greater Deyerle neighborhood. 6. Council appreciates the concerns of GDNA and directs the City Manager to continue to monitor traffic in this neighborhood, as well as City wide; to implement appropriate measures deemed by him appropriate to address public safety, health, welfare and convenience issues; to revise such measures from time to time as required to advance the public health, safety, welfare and convenience. 7. The City Clerk is directed to forward an attested copy of this resolution to Jonathan M. RoEers, Co-President and attorney for GDNA, and to James M. Ellison, Co-President, GDNA. ATTEST: City Clerk. Jonathan M. Rogers 3734 Lake Drive S.W. Roanoke, Virginia 24018 March 5, 1991 Mary F. Parker Clerk of the City of Roanoke Municipal Building, Room 456 215 Church Avenue S.W. Roanoke, Virginia 24011 Re: Peters Creek Road Mediation Consensus Agreement Dear Ms. Parker: I am enclosing for filing on behalf of The Greater Deyerle Neighborhood Association a petition to move the City Council of Roanoke, Virginia, to ratify the consensus agreement reached with the City Administration in February of 1990, and to have this matter heard on March 11, 1991, at 7:30 p.m. Thank you. Yours very truly, JMR/jb Jonat~ M. Rogers Enclosure VIRGINIA: IN THE COUNCIL FOR THE CITY OF ROANOKE IN RE: PETERS CREEK ROAD EXTENSION CONSENSUS AGREEMENT ) ) PETITION FOR ) RATIFICATION TO: THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE this City contained in the March 5, 1990. states as follows: We, the Greater Deyerle Neighborhood Association, move council to ratify the consensus agreement reached with the Administration and City Manager in February of 1990, and City Manager's report to this City Council on In support of this petition, the petitioner reached a opposition extension. 2. 1. As stated in a news release dated February 28, 1990, issued by William Clark, the Director of Public Works now and at all relevant times, and titled "Consensus A~reement Reached on the Peters Creek Road Extension Project", said new release attached hereto as Exhibit "1", the Peters Creek Road project had "virtual impasse" because of the strong neighborhood to the proposed locations of the terminus of that Accordingly, at the suggestion and invitation of the City staff, a conflict resolution/mediation process was initiated involving the Greater Deyerle Neighborhood Association, City of Roanoke, and the Virginia Department of Transportation. 3. After month long negotiations, the Greater Deyerle Neighborhood Association reluctantly agreed to cease its opposition to the Peters Creek Road Extension once "it was agreed" by City representatives that traffic measures would be implemented. See news release, page 2. 4. Participating in this process was an Assistant Attorney General, James D. Phillips, representing the Virginia Department of Transportation. Please see his attached affidavit (Exhibit "2") in which he states that it was his belief "that the City of Roanoke agreed to present the agreement to the Roanoke City Council for ratification". 5. Furthermore, the facilitator hired by the Virginia Department of Transportation, Susan Yoder, (see statement attached as Exhibit "3"), was of the same belief, as were the members of the Greater Deyerle Neighborhood Association. 6. All of the above participants have no doubt that the City Manager, the City's highest administrative officer, accepted and agreed to the traffic measures that were to be instituted immediately, and in fact, there was considerable discussion of the same with the City Council at the March 5, 1990, hearing. 7. In reliance on the agreements as aforesaid, the Greater Deyerle Neighborhood Association ceased its opposition to the Peters Creek Road Extension, thereby sacrificing significant constitutional rights in this democratic society, and allowed 2 City Council to unanimously approve said extension, although deep in their hearts, the Greater Deyerle Neighborhood Association knew that this was a road still in search of an appropriate terminus, that was unneeded, and to be constructed at great public expense with little merit. 8. On or about June 11, implemented the majority of restrictions. See letter from hereto as Exhibit "4". 9. Subsequent thereto, decided to remove one of restrictions promised pursuant 1990, the City Traffic Engineer the "agreed upon" traffic City Traffic Engineer attached the City Manager unilaterally the more important signs and to the aforementioned consensus agreement, and did so on December 14, 1990, over the stated objections of the Greater Deyerle Neighborhood Association. 10. willing to agreeable solutions, it is inappropriate for the City unilaterally rescind the agreement reached as aforementioned. 11. Subsequent to the City Manager's unilateral action, Bill of Complaint for Injunctive Relief was Court to order the City Manager to reinstate While the Greater Deyerle Neighborhood Association is continue to initiate a process to reach mutual to unilaterally removed. 12. Relief, the among other a filed requesting the the sign that he had In response to said Bill of Complaint for Injunctive City Manager filed a sworn answer in which he said, things, "15. no agreement between the 3 ~arties exists". (See Exhibit "5"). 13. Thereafter, at a hearing for preliminary injunction, ~he Circuit Court for the City of Roanoke directed that no further hearings be entertained by the Court until the Greater Deyerle Neighborhood Association petitioned this City Council to ratify the agreement reached with the City in March of 1990, and presented to this City Council at its meeting on March 5, 1990. 14. Although the Greater Deyerle Neighborhood Association was under the impression that the City Council had, at the very least, tacitly ratified this agreement, the City Attorney has argued that the Council did not do so, since no written resolution indicates that it did, and accordingly, the Greater Deyerle Neighborhood Association now requests that the City ratify the agreement reached with the City of Roanoke in February of 1990. 15. As the affidavit of Sue Yoder, attached hereto indicates, this mediation process to date has served as a model for the rest of the State, and it would be a model of an entirely different kind should this City Council fail to ratify the agreement reached in February of 1990. Just a year ago, as is indicated in the news release, the City of Roanoke was claiming to have "pioneered a process which can be utilized to resolve future conflicts regarding important highway transportation projects". These proud assertions will result in an embarrassing ultimate conclusion should this City now fail to honor its 4 promises. At the meeting at which this petition shall be heard, the petitioner shall present articles printed in statewide and national publications underscoring the fact that this process has been heralded to the state and beyond as an important breakthrough in state-community relations. 16. Scores of the members and residents of the Greater Deyerle Neighborhood Association join in requesting that the City now act to ratify the consensus agreement, and those petitions will be presented to this council at the March 11, 1991, hearing. WHEREFORE, the Greater Deyerle Neighborhood Association moves this City Council to ratify the agreement reached with the City of Roanoke in February of 1990, and contained in the City Manager's report to this City Council presented on March 5, 1990. As has previously been stated, the Greater Deyerle Neighborhood Association, its membership and its residents, gave up significant constitutional rights in reliance on the expressed written promises made to it by the City of Roanoke through its highest administrative officers, City Council in March of 1990. disgrace should this Council great pronouncements of pioneering new processes conflicts can be resolved and the national and attention this resolution process herein attained, followed by a sequel of betrayal and disappointment. and specifically outlined to the Furthermore, it would be a great fail to so act, in that that the by which statewide would be Respectfully submitted, GREATER DEYERLE NEIGHBORHOOD ASSOCIATION Jonathan M. Rogers, Co-~sident Co-N~res ±dent 6 Release Dam: February 28, 1990 William F. Clark 981-2741 EXHIBIT CONSENSUS AGReeMENT REACHED ON THE PETERS CREEK ROAD EXTENSION PROJECT The City of Roanoke, the Virginia Department of Transportation (VDOT) and the Greater Deyerle Neighborhood Association announce the reaching of a consensus agreement on traffic control measures designed to preserve the natural beauty and rural atmosphere of the neighborhood, and the location of Peters Creek Road Extension project. The consensus agreement was reached at the conclusion of four work sessions which were attended by City and VDOT officials, as well as Neighborhood Association representatives. The work sessions were moderated by Susan H. Yoder, Executive Director of the Community Mediation Center of Harrisonburg, Virginia. The highway project dates back to 1963 when the Roanoke Valley Regional Area Transportation Study recommended the construction of a 2 to 4 lane facility, Route 117, Peters Creek Road Extension, from Melrose Avenue to Brandon Avenue. Due to funding cutbacks and changes in the City's priorities, progress was delayed until June 1985 when the City submitted a resolution to VDOT to reactivate the project. Office of Public Information Municipal Building, Room 364 215 Church Ave., S.W. Roanoke, VA 24011 (703) 981-2336 - 2 - Upon the announcement of the proposed alternative alignments terminating at Brandon Avenue, residents living nearby, including members of the Greater Deyerle Neighborhood Association, expressed strong concerns and opposition to the project. These concerns related to the project's perceived impact on the neighborhood which included the generation of increased traffic, noise, safety, and environmental impact on the neighborhood's natural beauty and rural atmosphere. The project had remained at a virtual impasse because of the strong neighborhood opposition to the proposed locations of the terminus at Brandon Avenue until VDOT agreed to hire Ms. Yoder to help City staff, neighborhood representatives, and VDOT staff reach some agreement on a number of important neighborhood issues. VDOT, City, and neighborhood representatives began meeting on January 5, 1990. The process encouraged participants to discuss issues in an open atmosphere. The group identified and discussed many possible traffic control measures that would address the traffic problems as voiced by the residents in the neighborhood. City and VDOT officials provided technical information regarding each issue discussed. Group consensus was reached when, in an effort to address the recognized impact of increased traffic in the neighborhood, it was agreed by City representatives that traffic measures would be implemented. The group then accepted Alternative No. 1 as the most feasible alignment for the project. - 3 - The group met with City Manager W. Robert Herbert on February 22, 1990, and presented the consensus agreement. The City Manager reviewed the agreement with the group and will present it with his report to City Council at the Council Meeting scheduled March 5, 1990. In view of the agreement that was reached on the Peters Creek Road Project, City and %/DOT officials have pioneered a process which can be utilized to resolve future conflicts regarding important highway/transportation projects. For further information, the following may be contacted: Jonathan Rogers - 982-7787 B. W. Sumpter - 387-5347 William F. Clark - 981-2741 Susan H. Yoder - 434-0059 EXHIBIT VIRGINIA: IN THE CIRCUIT COURT FOR THE CITY OF ROANOKE THE GREATER DEYE]~.w. NEIGHBORHOOD ASSOCIATION CITY OF ROANOKE, Complainant, CASE NO. 770CH90000871-00 Respon4ent. AFFIDAVIT State of Virginia City/County, to-wit: This day appeared before me, Linda M. Proctor, a notary public for the jurisdiction aforesaid, James D. Phillips, who after being first duly sworn, deposes and says: 1. That I have received a subpoena to give evidence in this case. 2. That I am employed by the Attorney General of Virginia and am legal counsel to the Virginia Department of Transportation (VDOT). 3. That I participated in several mediation sessions involving representatives of the Greater Deyerle Neighborhood Association, the City of Roanoke and VDOT. 4. That it was my belief at the commencement of said mediation sessions that the purpose of said sessions was to reach a consensus agreement to which all parties would agree. 5. That it was also my belief that the City of Roanoke agreed to present any such agreement to the Roanoke City Council for ratification. 6. That it was the intent of the mediation sessions to reach a settlement with concerned citizens of a number of issues, including the location of the Peters Creek Road Extension corridor, and the corridor's impact on traffic in the community. 7. That I participated in the process of reaching a consensus agreement on the corridor's location, and that there was an agreement by all parties that in reliance on said corridor location agreement, certain mitigation traffic measures to be implemented by the City were agreed to and incorporated into the agreement which were requested by the citizens.. 8. That all participants in all of the mediation sessions agreed to each condition of said consensus agreement as indicated by their signatures to said agreement. 9. That said consensus agreement was presented to the City Manager and was accepted by the Roanoke City Council on March 5, 1990. 10. That it was my belief that this consensus agreement operated to resolve the conflict in the community over the location of the Peters Creek corridor, and the impact of the increased traffic in the community. Jam~s D. Phillips JAMES D. PHILLIPS Assistant Attorney General Office of the Attorney General 101 North Eighth Street Richmond, Virginia 23219 (804) 786-0063 Subscribed and sworn to before me this _~_ day of ~, 1991. My Commission expires ~/~l~ Li-ndm' M. Proct'or C°m.m.u. nitg Med,at,on Center March 5, 1'B91 EXHIBIT Attention: Jonathan Rogers Fax: I'm Susan Hes,~ .Yoder, m senior mediator with Community Mediation Ce. nter in Har'risonburg~ Viro. inia. Last year, in early 199,0, I facilitated mee~ing~ between the City of Roanoke and tea~ers o~ the Greater D~yerle Me~ghb~rhood Association in which issues surrounding the construction Pe[et-s Creek Road Extension were discussed. .VDOT had arranged +or and ~up~orted the mediation and ml~o had representatives in the meeting who served am valuable consultants. The group met fottr times and did reach a consensus recommendation whicll.wa¢ p~'e~'ented'by the group to Mr. Herbert, Roanoke City Manager. The recomm,endations were'accepted by Mr. Herbe~t with a ~ew minor revisions negotiated with the. group. recommendations were taker~ to City Council who endorsed Unanimously. -. The ~acilila{ed procm~s used in Roanoke wam one which appeared h'm satis{actory ~o all parties involved and became seen as model ~Or similar disput~ throughout ~he ~ommonweal~b. I~ ~as b~n highly commen~md on and published abo~t. I~ would be quite disheartening i~ ~he rmcqm~endatiomm which were ~ndorsed by City Council would not be seen as a ~as~ing agreement. I. would hope if any party wanted to change the agreement it would.~ be n~gotiated with the other parties. I would be availablm to assist in foture ~egoEia~ions ~o resolve the ~urrent dispute. Susaa Hess Yoder COMMONWEALTH 0F VIRGINIA CITY/COUNTY of ~ecQ:~k~ . __ , to-wit: The forgoing instrument was acknowledged ~efore me this ~k day of March, by Susan Hess Yoder. My co~ission expires ~C~, ~J, ~g c, Nota~ Public 383-A North Main Street Harrisonburg, Virginia 22801 · (703) 434-~)059 1991, EXHIBIT IdAY 30 lg$1 Office of fha Ci~ E~Gine~- ~ay 29, 1990 ~r. Jonathan M. P, ogers $cricklaud & Rogers P.O. Box 2886 Roanoke, VA 14001-2886 Dear Jonathan: RE: GREATER DETERLE NEIGHBORHOOD ASSOCIATION -TRAFFIC CRA~GES With =he completion of work on Deyerle Road, the City of Roanoke is prepared to implement the stop signs and turn restrictions as previously agreed upon. We have selected June 11, 1990 as the date for these traffic changes =o be made. I have at=ached another copy of the "Concensus Response ..." for easy reference. Also, as previously prom/sad, the Grandin Road traffic count was. completed. The average weekday volume is 3,559 vehicles (see attached). The letters to the residents of the Circle Drive area will likely he sent within the next several weeks. Please feel free to contac= us if you have any questions or concerns regarding this information. Sincerely, Robert K. Bengtson, P.E. Traffic Engineer Attachment cc: W. Robert Herbert, City Manager William F. Clark, Director of Public Works M. David Hooper, Chief of Police John R. Marlles, Chief, Community Planning Stephanie A. Fowler, Neighborhood Parntershfp Coordinator William L. St~u~rt, Manager, Street Maintenance Jack B. Woodson, Jr., Engineering Technician II I~oorn .350 Municiocll 8uilOin~ 2~ 5 Church Avenue, S.W. C~oonoke. Virginio 2401 ~ (703)98 t-273 t O~ce of r~e Ci~ Manoge~' December 14, 1990 The Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, Virginia 24011 Dear Mayor Taylor and Members of City Council: Subject: Traffic Mitigation Measures - Peters Creek Road Extension Project Pursuant to Section 20-7(a),(b) and (e) of the Code of the City of Roanoke (1979), as amended, I approved a plan of action which was intended to help alle- viate the real and perceived fear of traffic proliferation in the greater Deyerle area as a result of the construction of the above noted project.' On March 5, 1990, I informed City Council of this "traffic mitigation" plan as a part of an official report requesting that Council approve Alternative I as the "build alignment" for this project (See Attachment "I"). The plan of action for "traffic mitigation," which is also known as the Consensus Response to the Proposed Peters Creek Road Constructio,, (see ment "S"), contained several very dramatic features. The most significant ment from a cost standpo£nt was the programming of the Brandon Avenue widening project which was estimated at $7 million dollars. From an internal neigh- borhood traffic flow standpoint, the four-way stop signs at the intersection Mud Lick and Deyerle Roads as well as the imposition of turning restrictions from Brandon onto Deyerle and from Deyerle onto 8randon were considered to be extremely dramatic concessions on the City's part given our negative response ~,~ similar suggestions from other neighborhoods in the past. Lastly, the "limited" no left turn sign from Grandin Road to Mud gick Road was viewed by the City staff as an enhancement to the rest of the p[a~ but not of the same significan¢~ in terms of "direct impact." The various signage changes were implemented under my direction during [h~, month of June, 1990. In August, 1990, and again in September, 1990, citizens appeared before City Council expressing concecn over the "limited" (7:00 9:00 a.m., Monday thru Friday) No Lefc rum sign placed at Grandin Road and Mud Lick Road. These concerns were referred co me for review and report back City Council. Since late September, a project team appointed by me has been reviewing this matter. Their work has included performimg traffic counts on several 0ten- sions, informal early morning and late afternoon field investigations, meecinS~ with those who appeared before City Council as well as the leadership of the Greater Deyerle Neighborhood Association. I was briefed on the results of their investigation several weeks ago and have since held discussions and reviewed the information again to ensure thac I am'comfortable wich their findings and recommendations. The Honorable Noel C. Taylor, Mayor and Members of Roanoke Cicy Council Page Two December 14, 1990 This correspondence is, thersfore, co notify Council =ha= I in=end to Have =he "limited" No LeE= Turn sign at the intersection of Grandin Road and Mud Lick Road removed immediately. In line with my project team's recommendations, however, I intend to have the following measures installed which, I believe, will main=sin the integrity of =he "~raffic mi=lEa=ion" plan approved by me in February 1990: (1) ins=alia=ion of one (3) way stop sign on Mud Lick Road aC Westchester Avenue, (2) ins=alia=ion of an "advisory" 15 mph speed limit sign for traffic northbound on Mud Lick Road approaching Windsor Road, and (3) pa/nc new white edgeline striping on Mud Lick (from Grandin Co Brandon) which will reduce the perceived width of the vehicular travel lanes and, hopefully, cause motorists Co be more mindful of =he posted speed limit (See Attachment "II"). Finally, I would like to commend =he patience and cooperation of those who took part in chis review. The conflict resolution process developed as a parc of the Peters Creek Road Extension project was exemplary. There was no model until this technique was pioneered in Roanoke. Al=hough no= perfect, our commitment to work cooperatively Co fine rune =he elements of the plan.and transfer lessons learned to projects slated for other parts of our City, will undoubtedly help us balance neighborhood concerns with community growth concerns in the future. Sincerely, W. Rober= Herbert City Manager WRH:EBRJr:mp A==achmen~s cc: Assistant City Manager City Attorney City Clerk Director of Public Works Chief, Community Planning Neighborhood Partnership Coordinator Traffic Engineer President, Southwest Plaza Merchants Association Co-Presidents, Greater Deyerle Neighborhood Association Mr. David Nance Mr. and Mrs. Norman E. Hudson Mrs. Patricia Del=on VIRGINIA: EXHIBIT IN THE CIRCUIT COURT FOR THE CITY OF ROANOKE ~HE GREATER ASSOCIATION, DEYERLE NEIGHBORHOOD Complainant ~ITY OF ROANOKE, Respondent ) ) ) ) ) ) ) ) ) ) ) ANSWER Case No. 770CH90000871-00 COMES NOW, the City of Roanoke ("City"), and for its Answer to the Bill of Complaint filed on behalf of the Greater Deyerle Neighborhood Association ("GDNA"), states under oath, as follows: 1. The City is without info~mation as to the veracity of the allegations in Paragraph No. 1, and for ghat reason, is unable to admit or deny the allegations contained in Paragraph No. 1. 2. The City admits the allegations contained in Paragraph ~o. 2. 3. The City denies the allegations contained in Paragraph 4o. 3. The City approached the GDNA and offered to provide its members with an opportunity to comment on the proposed extension of Peters Creek Road through the use of the Community Mediation Center. 4. denied. The allegations contained in Paragraph No. 4 are The City met with representatives of GDNA and Sue Yoder from the Community Mediation Center in order to obtain comments · nd suggestions on the proposed extension of Peters Creek Road. 5. The allegations contained in Paragraph No. 5 are denied. Attachment B to the Bill of Complaint is not an agree- nent, but rather is a document which describes events relating to ~he City's obtaining comments and suggestions on the proposed extension of Peters Creek Road. 6. The allegations in Paragraph No. 6 are denied. Attach- ment C to the Bill of Complaint clearly demonstrates that City Council approved only the alignment of the proposed extension of Peters Creek Road. 7. The City admits that an unsigned document entitled, "Consensus Response to the Proposed Peters Creek Road Construc- tion,'' identified as Attachment A to the Bill of Complaint, con- tains a clause which states, "No Left turns from Grandin Road at ~ud Lick during the a.m., peak hours, Monday through Friday," but the remaining allegations in Paragraph No. 7 are denied. 8. The City admits that Robert K. Bengtson, City Traffic Engineer, sent a letter dated May 29, 1990, to counsel for GDNA in which he stated that "the City of Roanoke is prepared to implement the stop signs and turn restrictions as previously agreed upon," but the remaining allegations in Paragraph No. 8 are denied. 9. The City admits that on or about June 11, 1990, stop signs and signs restricting turns were erected, but the remaining allegations in Paragraph No. 9 are denied. 10. The City admits that by letter dated December 14, 1990, the City Manager informed the City Council for the City of Roanoke that by the authority granted to him under Section - 2 - 20-7(a), (b) and (c) of the City Code, he was removing one of several traffic control signs erected in June, 1990, but the remaining allegations contained in Paragraph No. 10 are denied. The allegations contained in Paragraph Nos. 11 - 14 are 11. denied. 12. denied. 13. All allegations not expressly admitted are hereby The Bill of Complaint should be dismissed on the ground that GDNA requests that this Court compel the City and any of its employees to perform a discretionary task. 14. The Bill of Complaint should be dismissed on the ground that no irreparable harm has occurred since the project has not ~een completed. 15. The Bill of Complaint should be dismissed because no ~greement between the parties exists. 18. The Bill of Complaint should be dismissed because the ]DNA is not entitled to the relief sought as a matter of law. For all of the reasons set forth above, the City respectfully requests that the Bill of Complaint be dismissed, and that she City be awarded its costs and attorney fees. Respectfully submitted, CITY OF ROANOKE By 'Robert Herbert SUBSCRIBED and SWORN to by W. Robert Herbert, City Manager, ~or the City of Roanoke, who after having been duly sworn, - 3 - stated that to the best of his knowledge, the foregoing Answers are true. GIVEN under my hand this r~ ~ day of information and belief, 1990. ~y Commission expires: Notary Public Nilburn C. Dibling, Jr. 2ity Attorney Eteven J. Talevi Assistant City Attorney i64 Municipal Building ~oanoke, Virginia 24011 - 4 - MARY F. PARKER C~ty Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W, Room 456 Roanoke. Virg~ma 24011 Telephone: (703) 981-2541 March 13, 1991 SANDRA H. EAKIN Deputy Cay Clerk File #60-79-178-255 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30434-31191 amending and reordaining certain sections of the 1990-91 General and Capital Projects Funds Appropriations, providing for the establishment of appropriations/revenue accounts for payments in lieu of taxes received from the Roanoke Redevelopment and Housing Authority, in the amount of $354,726.00, in connection with construction of the Downtown East Parking Garage Project. Ordinance No. 30434-31191 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 11, 1991. Sincerely, ~~ Mary F.~arker, C~C/AAE City Clerk ~FP : ra Enc. pc: Mr. Herbert Redevelopment g. Mr. Mr. Ms. Mr. D. McBride, Executive Director, Roanoke and Housing Authority, 2624 Salem Turnpike, W., Roanoke, Virginia 24017 W. Robert Herbert, City Manager Kit B. Kiser, Director of Utilities and Operations William F. Clark, Director of Public Works Marie T. Pontius, Grants ~onitoring Administrdtor Barry L. Key, Manager, Office of Management and Budget IN 'r~ COUNCIL OF .£~ CITY OF ROANOKe, VIRGINIA The 11th Day of March, 1991. No. 30434-31191. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 Roanoke that certain sections of the 1990-91 General and Projects Funds Appropriations, be, and the same are amended and reordained to read as follows, in part: the City of Capital hereby, A ro riations Nondepartmental Transfers to Other Funds (1) ....................... Revenue Miscellaneous Revenue Payment in Lieu of Taxes - RRHA (2) ................ Capital Proiects A ro riations General Government Downtown East Parking Garage (3) ................... Revenue Due from RRHA - Payment in Lieu of Taxes (4) ....... $13,449,522 1,611,476 $ 745,049 239,726 $ 6,446,255 354,726 $ 115,000 1) Transfers to Capital Projects Fund 2) Payment in Lieu of Taxes - RRHA 3) Approp. from General Revenue 4) Due from RRHA - Payment in Lieu of Taxes (001-004-9310-9508} $ 239,?26 (001-020-1234-0858) 239,726 (008-052-9605-9003} 354,726 (008-1271) 115,000 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. March 11, 1991 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: subject: Request to Establish Appropriations/Revenue Accounts- Downtown East Parking Garage Project I. Background Agreement was made and entered into between the City of Roanoke and the Roanoke Redevelopment and Housing Authority (RRHA) for the construction of a parking garage at 25 Church Avenue, S.E. on December 19, 1990. B. $5,300,000 is the estimated budget for the project. Co City Council approved, in the Agreement dated December 19, 1990, to provide as a local share, an amount equal to the total amount of the RRHA's payment in lieu of taxes for the fiscal years beginning October 1, 1988, 1989 and 1990 and ending on September 30 during the same periods. II. Current Situation ao $239,726 has been received from the RRHA for fiscal years 1988-89 ($125,798.36) and 1989-90 ($113,927.84). (Account Number 001-020-1234-0858.) $115,000 is the estimated amount to be received from the RRHA for its payment in lieu of taxes for the fiscal year 1990-91. III. Issues A. Agreement. B. Timing. C. Economic Development. March 11, 1991 Page 2 IV. Alternatives: City Council appropriate and establish revenue estimate for the payments in lieu of taxes totalling $239,726 received from the RRHA for fiscal years 1988-89 and 1989-90 in the General Fund and transfer to the Capital Projects Fund. Authorize the Director of Finance to establish an account to be named "Downtown East Parking Garage" in the Capital Projects Fund. Establish an Accounts Receivable in the Capital Projects Fund for the payment in lieu of taxes from the RRHA for fiscal year 1990-91 in the estimated amount of $115,000. Total appropriation to the Downtown East Parking Garage Project Account would total $354,726. Existing Agreement, dated 12/19/90, between the RRHA and the City of Roanoke would be complied with as it relates to the "payment in lieu of taxes". 2o Timing is important as the garage is slated to open in September, 1992. Economic Development would be enhanced as the Downtown East Development Project would continue to move forward. City Council not approve the appropriation of the payments in lieu of taxes totalling $239,726 received from the RRHA for fiscal years 1988-89 and 1989-90 from the General Fund to the Capital Projects Fund; not authorize the Director of Finance to establish an account to be named "Downtown East Parking Garage" in the Capital Projects Fund to receive the $239,726; and not establish an Accounts Receivable to receive the payment in lieu of taxes from the RRHA for fiscal year 1990-91 in the estimated amount of $115,000. Agreement between the RRHA and the City of Roanoke would not be fulfilled. 2o Timing would be negatively impacted as the City moves to finalize financing for the parking garage, and begins bidding phase. 3. Economic Development would not be realized since the project would be placed in jeopardy. March 11, 1991 Page 3 v. Reconu~endation That City Council approve Alternative A. Establish a revenue estimate and appropriate the payments in lieu of taxes totaling $239,726.00 received from RRHA in the General Fund and transfer to the Capital Projects Fund; Authorize the Director of Finance to establish an account to be named "Downtown East Parking Garage" in the Capital Projects Fund; Establish an Accounts Receivable in the Capital Projects Fund for the payment in lieu of taxes from RRHA for fiscal year 1990-91 in the amount of $115,000 (estimated); and Do Appropriate these funds to the Downtown East Parking Garage account for a total appropriation of $354,726. Respectfully submitted, W. Robert Herbert City Manager WRH/PFS:kds cc: Assistant City Manager City Attorney Director of Finance Director of Utilities and Operations Director of Public Works Management and Budget Grants Compliance Administrator MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S W, Room 456 Roanoke, V~rg~n~a 24011 Telephone: (703)981-2541 March 13, 1991 SANORA H. EAKIN Deputy C~Ty C~erk File #102-405 Mr. Steve Chapin Hayes, Seay, Mattern & Mattern, P. O. Box 13446 Roanoke, Virginia 24034 Inc . Dear Mr. Chapin: I am enclosing copy of Resolution No. 30436-31191 ratifying an agreement with Hayes, Seay, Mattern & Mattern, Inc., to provide certain architectural and engineering services, specifically design plans, specifications and contract administration for emergency repair of the Old Mountain Road Bridge. in an amount of $15,900.00. Resolution No. 30436-31191 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 11, 1991. Sincerely, ~~ ~4ary F. Parker, CMC/AAE City Clerk MFP:ra Eric. pC: Mr. Mr. Mr. Mr. Ms. Mr. Mr. W. Robert Herbert, City Manager Joel M. Schlanger, Director of Finance William F. Clark, Director of Public Works Charles M. Huffine, City Engineer Sarah E. Fitton, Construction Cost Technician Kit B. Kiser, Director of Utilities and Operations Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The tlth Day of March, 1991. No. 30436-31191. A RESOLUTION ratifying an agreement with Hayes, Seay, Mattern & Mattern, Inc., to provide certain architectural and engineering services, specifically the design plans, specifications and contract administration for the emergency repair of the Old Mountain Road Bridge. BE IT RESOLVED by the Council of the City of Roanoke that an agreement with Hayes, Seay, Mattern a Mattern, Inc., to provide certain architectural and engineering services, specifically the design plans, specifications and contract administration for the emergency repair of the Old Mountain Road Bridge, negotiated under the emergency procurement provisions of §41 of the Charter of the City of Roanoke, is hereby RATIFIED, such agreement to be in an amount of $15,900.00. ATTEST: City Clerk. MARY F. PARKER C~'cy Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $ W, Room 456 Roanoke. V~rg~ma 24011 Telephone: (703) 981-2541 March 13, 1991 SANDRA H. EAKIN Deputy C~ty Clerk File #60-102 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance 1~o. 30435-31191 amending and reordaining certain sections of the 1990-91 General and Capital Projects Funds Appropriations, providing for the transfer of $15,900.00 from General Fund Contingency to Old Mountain Road Bridge Repairs Engineering, in connection with a professional services contract with Hayes, Seay, Mattern & Mattern, Inc., to perform design work for repairs to Old Mountain Road Bridge. Ordinance No. 30435-31191 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 11, 1991. Sincerely, ~ Mary F. Parker, ~/AAE City Clerk MFP:ra Enc . pc: Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Barry L. Key, ~anager, Office of Management and Budget BI T--K COUNCIL OF 'l'mi CI~/ OF ROANOH, VIRGINIA The lltb Day of March, 1991. No. 30435-31191. AN ORDINANCE to amend and reordain certain sections of the 1990-91 General and Capital Projects Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the exist. THEREFORE, City of Roanoke, an emergency is declared to BE IT ORDAINED by the Council of Roanoke that certain sections of the 1990-91 General Projects Funds Appropriations, be, and the same amended and reordained to read as follows, in part: the City of and Capital are hereby, General Fund Appropriations Nondepartmental $13,209,796 Contingency (1) ..................................... 994,471 Transfers to Other Funds (2) ........................ 11,180,573 Capital Proiects Fund Appropriations Streets and Bridges $ 8,373,462 Old Mountain Road Bridge Repairs (3) ................ 15,900 1) Contingency (001-002-9410-2199) $(15,900) 2) Transfers to Capital Projects Fund (001-004-9310-9508) 15,900 3) Approp. from General Revenue (008-052-9646-9003) 15,900 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Ro,~--ke, Virginia March 11, 1991 Honorable Bayer ~-& ~mbers of City C~m~-il l~o~.nke. Virginia Dear ~bers of C~m~-il: Su~ect: Old Ho~ntaln Road Bridge I. Backwood A. Brid~e Inspection Re~orts are required by law on sixty- four (64) structures in City of Roanoke this year. B. Q~ are provided by Hayes, Seay, Mattern & Mattern, Inc. and Mattern & Craig, Inc. for the 1990 Inspection Reports. C. ~ was advised of emergency procurement by letter of January 15, 1991. ' ' is that Bridge ~8012, Old Mountain Road NE over Tinker Creek is in need of immediate attention. During the annual inspection, Hayes, Seay, Mattern & Mattern, Inc. found the bridge to be in a much greater deteriorated condition as compared to last year. A. ~ was posted immediately on this bridge as a precautionary measure due to the accelerated deterioration. B. Iz~ of the bridge is being performed on a weekly basis by a City Inspector. C. Emergency Situation Negotiations were conducted and an agreement made with Hayes, Seay, Mattern & Mattern, Inc. to provide plans for a permanent (for the life of the bridge) solution. D. ~ was four weeks from the verbal notice-to-proceed issued on January 15, 1991. E. ~ to he performed includes: 1. ~, construction cost estimate, and estimated duration of construction. 2. ~ review, and consultation during construction. F. ~ review estimates construction costs at ~. G. Time is a factor due to fact that school buses are being rerouted into the county because of the reduction in load capacity of this bridge. Page 2 As a result, in accordance with Section 41 of the City Charter - Procure by Emergency Procurement, Hayes, Seay, Mattern & Mattern, Inc. was authorized to do the design work. I. Availability of funding exists in Account $001-002-9410-2199, General Fund Contingency III. P~a professional services contract with Hayes, Seay, Mattern & Mattern, Inc. with a ceiling of ~ for consulting services. 1. ~ has been reviewed and verified. 2. Fee for Hayes, Seay, Mattern & Mattern, Inc. is based on reasonable hourly rates and includes a fee ceiling. F~ is available in Account $001-002-9410-2199, General Fund Contingency (~) due to the emergency nature of the problem. ~ is critical due to the reduction in load capacity of this bridge as well as the rerouting of school buses into the county. B. ~ a professional services contract with Hayes, Seay, Mattern & Mattern, Inc. with a fee ceiling of 1. ~C~9_O~[_~gA~was completed. 2. F~ would remain available in existing accounts. ~ for an expeditious solution to the reduction in load capacity as well as the rerouting of school buses into the county would be jeopardized. Page 3 IV. A. ~ the City Manager to execute a professional services contract in a form approved by the City Attorney with Hayes, Seay, Mattern & Mattern, Inc. with a cost not to exceed B. ~ from Account ~001-002-9410-2199, General Fund Contingency and authorize the Director of Finance to establish a new account to be titled Old MountainRoadBridge Repairs - Engineering. CC: Director of Finance City Attorney Director of Public Works Director of Utilities and Operations City Engineer Construction Cost Technician Respectfully submitted, City Manager MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 21S Church ~,venue, S W. Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-25al March 13, 1991 SANDRA H. EAKIN Deputy CiTy Clerk File #80-192 Mr. Wilburn C. Dibling, City Attorney Roanoke, Virginia Jr. Dear Mr. Dibling: At the regular meeting of the Council of the City of Roanoke held on Monday, March 11, 1991, you were requested to prepare the proper measure expressing appreciation to 1991 Metro Basketball Tournament officials, city employees, and others who participated in Tournament planning and coordination. Sincerely, Mary F. Pa~rker, C~C / A A E City Clerk ~FP:ra