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Council Actions 09-23-91
REGULAR ~[E. EF, Ly SESSION .... ROANOKE CITY COUNCIL September 23, 1991 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Council Member Bowers was absent. The invocation will be delivered by The Reverend Charles S. Hoffler, Pastor, Waverly Place Baptist Church. l~msent. The Pledge of Allegiance to the Flag of the Un, ted States of America will be led by Mayor Noel C. Taylor. BID OPENINGS Bids for renovation and restoration of the Jefferson High School Building. One bid wa~ ~,efem~d to a coma,~ttoe composed of Messrs. White, ~, Cla~k and Wf~h-~f~ for~ study, rspoFt and l~commendaflon to Council. Bids for alterations to Nos. 4, 5 and 6 Nitrification Basins at the Water Pollution Control Plant. Flve bide were Me,,ed to s w~mltto~, coaposai of Messrs. White, ChAt,~mn, ~i~e~. and Cla~k fo~* tabulation, r~po~t and CONSENT AGENDA (APPROVED 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. A communication from Mayor Noel C. Taylor 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 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 Virg~ni~ (1950), as amended. ¥ C-2 A communication from Mr. R. P. Shelor tendering his resiKnation as a member of the Personnel and Employment Practices Commission. ECOMMENDED ACTION: Receive and file the communication and accept the resi~nation with reKret. JC-3 Qualification of Ms. Marjorie S. Smithey, Ms. Elsie A. Anderson, and Ms. Katherine M. McCain as members of the Youth Services Citizen Board for terms ending May 31, 1994. J C-4 RECOMMENDED ACTION: Receive and file. Qualification of Mr. James G. Pappas, Jr., as a member of the Roanoke Neighborhood_P~a?tnership Steering Committee to fill the unexpired term of Mr. Eric SpenCer, en~n~ November 14, 1993. RECOMMENDED ACTION: Receive and file. ~/C-5 Qualification of Mr. Timothy L. Jamieson as a member of the Roanoke Arts Commission for a term of three years ending June 30, 1994. RECOMMENDED ACTION: Receive and file. /C-6 Qualification of Ms. Jo Anne Justis as a Commissioner of the City of Roanoke Redevelopment and Housing Authority for a term of four years, commencing September 1, 1991, and ending August 31, 1995. RECOMMENDED ACTION: Receive and file. REGULAR AGENDA Heal~n~ of Citizens Upon Public Matters: Request of Downtown Roanoke, Inc., to address Council with regard to establishing a program which would encourage the holiday seasonal out]in{ug of downtown Roanoke bufldin~s. Mr. Franklin D. Kimbrough, III, Executive Director. 2 The matte~ of holiday seasonal outlinin~ of City owned buildi,~_--s wa~~ ~/'em~d to th~1992-1993 Budget Study. Request of Old Southwest, Inc., to address Council with regerd to the H-2, Historic District designation of the City's Zoning Ordinance, governing the Old Southwest neighborhood. Ms. Perle Brigham, Board of Directors, Old Southwest, Inc. The remarks of M~. D. Kent Chrisman were received and filed. Petitions and Communications: A communication from Council Member David A. Bowers with re~ard to a report from the City Manager relating to the status of approval of Community Development Block Grant funding for the renovation of Old First Arts Center on North Jefferson Street. See AEenda Item 5.a.15. A communication from the Roanoke City School Board recommending appropriation of $268,958.00, representing the first request for proceeds from the 1992 Capital Maintenance and Equipment Replacement Fund, and appropriation of funds to various school accounts. Adopted C)z~in-n~e No. 30704-92391. (6-0) Reports of Officers: a. City Manager: Briefin~s: A report with regerd to individual industrial and municipal stormwater discharge permits. Items Recommended for Action: ./2. A report with rsgerd to the City's new Grievance Procedure. AdOpted~ Or,~lnsm~e No. 30705-92391. (6-0) A report recommending an increase in the allotment of police officer positions from 129. to 127 to maximize effective use of academy tl~tnlng resources. Adopted: Resolution No. 30706-9239I. (6-0) /4. A report recommending an amendment to the City's Fee Compendium relating to the fee collected for street and alley closure requests. 3 7. Adopte~ Resolution No. 30707-92391. (6-0) A report recommending execution of a loan agreement with Total Action A~ainst Poverty providing for the loan of $145,000.00 in Community Development Block Grant funds to be used roi, the acquisition of five vacant properties for ~ehabilltation. Adopted Resolution No. 30708-92391. (4-1, Council Membm. Harvey voted no; Council Member White abst-~,~ed from voting. ) A report recommending execution of an agreement with the Virginia Housing Development Authority providing for the City*s acceptance of an allocation of funds, in the amount of $450,000.00, through the Urban Homeownership Opportunity Program. Adopted Resolution No. 30708-92391. (6-0) A report recommending execution of a Grant Agreement with the U. S. Department of Housing and Urban Development in connection with the City's acceptance of 1991 Rental Rehabilitation Program funds, in the amount of $49,000.00, and execution of a Memorandum of Understanding with the City of Roanoke Redevelopment and Housing Authority for administration of the Program. Adopted, Resolution No.. 30710-92391 and Resolution No. 30711- 92391. (6-0) A report recommending execution of certain raai estate options with the owners of properties located at 1131 Thirteenth Street, S. E., and 1912 Melrose Avenue, N. W., which properties were selected for the Home Purchase Assistance Program. Adopted O~l~nAnee No. 30712-92391. (6-0) A report l~..c.o~mending reassignment of the lease of sites for two water quality~l~onitoring wells located on Fire Station No. 13 property, from~(~onoco, Inc./Kayo Oil Company, to Crown Centl, al Petroleum Corporation/Fast Fare, Inc. Adopte4 Ordinance No. 30713 on first rearltn_~. (6-0) A report recommending acquisition of the necessary property and easements; institution of condemnation and right of entry proceedings, as necessary, by the City Attorney; and transfer of funds in connection with construction of stormwater management facilities for Statesmsr~ Industriai Park. Adopted O~4t...ee No. 30714-92391 and Ox~ No. 30715- 92391 ~ (6-0) 4 e ill. A report recommending transfer and appropriation of $856,480.00 in connection with land acquisition for the Roanoke River Flood Reduction Project. Adopted O~llnAnce No. 30716-92391. (6-0) A report recommending spprovai of Supplemental Agreement No. 1 to the Local Cooperation Agreement with the Federal Government for the Roanoke River Flood Reduction Project; a Flood Proofing Disbursement Agreement between the City and Carilion Health System; and appropriation and disbursement of funds, in the amount of $501,472.00, to be received from the Federal Government as reimbursement of the local share for flood proofing Roanoke Memorial Hospitals. Adopted Ordinanc~ No. 30717-92391. (5-0, Mayor Taylor abst~{n~d from young.) Adopted Reaolution No. 30718-92391. (4-0, Mayor Taylor abstR{ned from voting; Vic~-Mayor Museer was out of the Council ChAmlmr. ) A report concurring in a report of a Bic~Committee recommending acceptance of the bid submitted by Cost Containment, Inc., to provide for the issuance of food stamps for the period of November 1, 1991, to October 31, 1992. Adoptod Resolution No. 30719-92391. (6-0) A report concurring in a report of a Bid Committee recommending acceptance of the bid submitted by AAA Clean Teams to provide custodial services at various City-owned locations, for an annual amount of $58,622.66. Ad.prod Resolution No. 30720-92391. (6-0) A report recommending execution of an agreement with the Roanoke Valley Preservation Foundation for the stabilization of Old First Baptist Church located at 407 North Jefferson Street. Adopl~d. Re~olul:ion No. 30721-92391. Director of Finance: (6-0) financial report for the month of August, 1991. Received and l~Jed. A report of the committee appointed to tabulate bids received for construction of neighborhood storm drain facilities at Walnut Avenue, S. W. bridge, Fleming Avenue, N. W., and Plantation Road, N. E., recommending award of a contract to J. P. Turner & Brothers, Inc., in 5 /Mhe amou.n.t of $144,641.00; and transfer of funds therefor. Counc/l /// ember William__White, Sr., Chair. // Adopted (h'dinanee No. 30722-92391 and Oedinanee No. 30723-92391. (6-o Unflni=hed Business: None. Introduction and Con~ideretion of Ot. dinances and Resolutions: a. /Ordinance. No. 30691: on second reading, permanently vacating, /discontinuxng and closing a portion of Gregory Avenue, N. E., between ~// Cherokee Street and Rhodes Avenue. Adopte~ O~linanee No. 30691-92391. (6-0) b. Ordinance No. 30692, on second reading, rezoning three parcels of land lying on the southeast corner of the intersection of Dale Avenue and 21st Street, S. E., known as 2101 Dale Avenue, S. E., and designated as Official Tax Nos. 4310901, 4310903 and 4310904, from RM-2, Residential Multi-Fsmily, Medium Density District, to C-l, Office District, subject to certain conditions preffered by the petitioner. Adopted, Oz~linanee No. 30692'9~9L (6-0) Motions and Ik~meellnneous Business: Inquiries and/or comments by the Mayor and Members of City Council. Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. Other Hea.~ngs of Citizens: Certification of Executive Session. (6-0) Appointed the followh~ pet. son-- MI% James_WI,. Butqr~J~.- - Roanoke Civic Cente~ Co~,m=sion 6 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Ch~wch Avenue, S.W.,Room 456 Roanoke, Virginia 24011 Telephone: (703)981-9541 September 25, 1991 File #468B-27 SANDR~ H. EAKIN Deputy City Clerk Mr. William White, Sr., Chairman ) Mr. Will/am F. Clark ) Committee Mr. Kit B. Kiser ) Gentlemen: The following bids for alterations to Nos. 4, 5 and 6 Nitrification Basins at the Water Pollution Control Plant, were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991: BIDDER _BASE BID Acorn Construction, Ltd. S. C. Rossi & Company, Inc. Montvale Construction, Inc. Breakel/, Inc. Mechanical & Plumbing, Inc. $ 99,250.00 102,661.50 104,452.00 104,900.00 122,647.00 On motion, duly seconded and adopted, the bids were referred to you for tabulation, report and recommendation to Council. Sincerely, SHE:fa Sandra H. Eakin Deputy City Clerk pc: Mr. Wilburn C. Dibling, Jr., City Attorney Noel C. 'l~aylor Mayor Howard E. Musser Vice-Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 September 23, 1991 Council Members: David .~ Bowers Elizabeth T. Bowles Beverly T. Fitzpatrick, Jr. James G. Harvey, II William White, Sr. The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss 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. ~oNoel~y Mayor NCT: sw ~ F. P~R City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke. Virginia 24011 Telephone: (703)981-2541 September 25, 1991 File #184 SANDRA H. EAI(IN Deputy City Clerk Mr. R. P. Shelor 2515 Carlton Road, S. W. Roanoke, Virginia 24015 Dear Mr. Shelor: Your communication tendering your resignation as a member of the Personnel and Employment Practices Commission, was before the Council of the City of Roanoke at a regnlar meeting held on Monday, September 23, 1991. On motion, duly seconded and adopted, the communication was received and filed, and your resignation was accepted with regret. The Members of Council requested that I express their sincere appreciation for the many services you have rendered to the City of Roanoke as a member of the Personnel and Employment Practices Commission. Please find enclosed a Certificate of Appreciation issued by the Mayor on behaif of the Members of the Roanoke City Council. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:va Ene. pc: Ms. Judy Witcher-Jackson, p. O. Box 6003, Roanoke, Virginia 24017-9998 Mr. Kenneth S. Cronin, Manager, Personnel Management MARY F. PARKER City Clerk CITY OF ROANOK OFFICE OF THE CITY CLERK 215 Church Avenue. S.W., Room 456 Ro~.noke, Virginia 24011 Telephone: (703)981-2541 September 25, 1991 File #304 SANDRA H. EAKIN Deputy City Clerk Mr. Thomas H. Miller, Chairman Youth Services Citizen Board 1509 Terrace Road, S. W. Roanoke, Virginia 24015 Dear Mr. Miller: This is to advise you that Ms. Marjorie S. Smithey, Ms. Elsie A. Anderson, and Ms. Katherine M. McCain have qualified as members of the Youth Services Citizen Board for terms ending May 31, 1994. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa pc: Ms. Marion V. Crenshaw, Youth Planner 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 26th day of August, 1991, MARJORIE S. SMITHEY was elected as a member of the Youth Services Citizen Board for a term ending May 31, 1994. Given under my hand and the Seal of .~ City of Roanoke this 28th day of August, 1991. City Clerk 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 22nd day of July, 1991, ELSIE A. ANDERSON was reelected as a member of the Youth Services Citizen Board for a term ending May 31, 1994. Given under my hand and the Seal of the City of Roanoke this 24th day of July, 1991. City Clerk 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 22nd day of July, 1991, KATHERINE M. MCCAIN was reelected as a member of the Youth Services Citizen Board for a term ending May 31, 1994. Given under my hand and the Seal of the City of Roanoke this 24th day of July, 1991. City Clerk MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 September 25, 1991 File #488 SANDI~ H. EAKIN Deputy City Clerk 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. James G. Pappas, Jr., has qualified as a member of the Roanoke Neighborhood Partnership Steering Committee to fill the unexpired term of Mr. Eric Spencer, ending November 14, 1993. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa pc: Ms. Stephanie A. Cicero, Coordinator, Roanoke Neighborhood Partnership COMMONWEALTH 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 twelfth day of August, 1991, JAMES G. PAPPAS was appointed as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 14, 1993. Given under my hand and the Seal of the City of Roanoke this twentieth day of August, 1991. City Clerk MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vh'g/nia 24011 Telephone: (703)981-2541 September 25, 1991 File #230 SANDRA H. EAI~N Deputy City Clerk Ms. Mimi Hodgin, Chairman Roanoke Arts Commission 805 Virginia Avenue Salem, Virginia 24153 Dear Ms. Hodgin: This is to advise you that Mr. Timothy L. Jamieson has quaLified as a member of the Roanoke Arts Commission for a term of three years ending June 30, 1994. Sincerely, Sand~a H. Eakin Deputy City Clerk SHE:fa pc: Ms. Joyce A. Sink, Secretary, Roanoke Arts Commission CO~tONWEALTH 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 eighth day of July, 1991, TIMOTHY L. JAMIESON was reelected as a member of the Roanoke Arts Commission for a term of three years ending June 30, 1994. Given under my hand and the seol of the City of Roanoke this fifteenth day of July, 1991. City Clerk MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W. Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 September 25, 1991 File #178 SANDRA H. EAKIN Deputy City Clerk Mr. Robert W. Glenn, Chairman Roanoke Redevelopment and Housing Authority P. O. Box 13007 Roanoke, Virginia 24030 Dear Mr. Glenn: This is to advise you that Ms. JoAnne Justis has qualified as a Commissioner of the City of Roanoke Redevelopment and Housing Authority for a term of four years, commencing September 1, 1991, and ending August 31, 1995. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa pc: Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and Housing Authority, 2627 Salem Turnpike, N. W., Roanoke, Virginia 24017 COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOK~ ) To-wit: I, Mater F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the ~ecords thereof, do hereby certify that at a reKular meeting of Council held on the 26th day of AuKust, 1991, JOANN JUSTIS was reelected as a Commissioner of the City of Roanoke Redevelopment and Housing Authority, for a term of four years, commencing September 1, 1991, and ending AuKust 31, 1995. Given under my hand and the Seal of the City of Roanoke this 28th day of AuKust, 1991. City Clerk MARY F. pARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W, Room 456 Roanoke. Virginia 24011 Telephone: (703)981-2541 September 25, 1991 File #277-87 F~INDRA H. EAKIN Deputy City Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke held on Monday, September 23, 1991, Mr. Franklin D. Kimbrough, III, Executive Director, Downtown Roanoke, Inc., addressed Council with regard to holiday seasonal outlining of City- owned buildings in the downtown area. On motion, duly seconded and adopted, the matter of holiday seasonal outlining of City-owned buildings was referred to the 1992-1993 Budget Study. Sincerely, Sandra H. Eakin Deputy City Clerk SHE: ra Enc. ]pc: Mr. Franklin D. Kimbrough, III, Executive Director, Downtown Roanoke, Inc., 310 First Street, S. W., Roanoke, Virginia 24011 Mr. Barry L. Key, Manager, Office of Management and Budget September 4, 1991 RECE VEO CiTY CLE C: S P-5 2:43 The Honorable Mayor and Members of Roanoke City Council The City of Roanoke 215 Church Avenue Roanoke, Virginia 24011 Dear Mrs. Bowles and Gentleman: I know that several of you have seen the holiday lights outlining the downtown skyline in Houston or Norfolk during the month of December. I hope you will agree with me that it is a dramatic view of an alive, vibrant, and festive center city. In an effort to continue the idea of Roanoke as Virginia's Festival City and to enhance the seasonal decorations in downtown Roanoke including the large decorative trees in Elmwood Park and Gateway Park, our organization would propose that City Council consider establishing a program or joining with Downtown Roanoke in establishing a program which would encourage the holiday seasonal outlining of downtown Roanoke buildings. This would be done in an effort to promote not only the downtown area and businesses located there but our entire community as a destination point for holiday activities, festivities, and shopping. Because of the current fiscal situation facing the City and many businesses in the Valley, this may not be Ehe appropriate year Eo go ahead with this project. It may instead need to be considered for implementation during the holiday season of 1992. However, it may be possible with your help and support to establish a pilot program this year whereby the City might demonstrate to local merchants, business leaders, and the City at large how exciting this concept can be for downtown Roanoke. We ask that this matter be placed on the agenda for the September 23, 1991 meeting of the Roanoke City Council so that representatives from Downtown Roanoke Incorporated and Carpenter Decorating Company might make a short presentation regarding this proposal. Thank you in advance for DOWNTOWN ROANOKE, INCORPORATED 3t0RRSTSTREET, S.W , ROANOK£, VIRGINIA 24011 · (703)342-2028 The Honorable Mayor and Members of Roanoke City Council September 5, 1991 Page 2 your consideration of this image project. ely' ~Franklin D. Kimbrough Executive Director enhancement pc: Mary F. Parker, City Clerk W. Robert Herbert, City Manager MARY F. PARKER City Clerk CITY OF ROANOKF. OFFICE OF THE CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 September 25, 1991 File #51 SANDRA H. F-AKIN Deputy City Clerk Mr. D. Kent Chrisman Old Southwest, Inc., Board of Directors 632 Walnut Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Chrisman: Your remarks with regard to the H-2, Historic District designation in the City's Zoning Ordinance, as it relates to the Old Southwest neighborhood, were before the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. On motion, duly seconded and adopted, the remarks were received and filed. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa RECE?~ CITY ~ r :,~ '91 S 13 Old Southwest, Inc. 641 Walnut Ave, SW. Roanoke, VA 24016 September 13,1991 Ms. Mary Parker, Secretary, Roanoke City Council Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Re: Council meeting September 23, 1991 Dear Ms. Parker: The Officers and Board of Directors of Old Southwest, Inc., wish an opportunity to address City Council on Monday, September 23, for approximately ten minutes. The subject is the H2 historic zoning ordinance governing the Old Southwest neighborhood. At the July 8th meeting, when the issues of First Baptist Church/Marshall Avenue closing and St. Mark's Lutheran Church/demolition of Henson Mansion were decided, Council limited the time for each speaker to three minutes. Because Old Southwest, Inc., had elected to have only one speaker to state our case, rather than have numerous speakers take up Council's time in a potentially repetitious situation, and because both St. Mark's and First Baptist were allowed to speak beyond the limits and, most importantly, because we felt confident that Council would adhere to the intent and provisions of the H2 ordinance, we feel that we must further address this issue important to the health of Roanoke's dwindling housing stock and neighborhoods. Thank you for placing this item on the September 23rd agenda. oard of DJ. rtctors Remarks to Roanoke City Council by Old Southwest, Inc., regarding the historic zoning code (H2), Sept. 23, 1991 Gentlemen and Mrs. Bowles: To get right to the point: you have ripped out the hearts of those who have worked so longfor. %mprovement in Old Southwest. You have done this by ripping the guts out of the H2 historic zoning ordinance. You have done this with your July 8th decision to let St. Mark's Lutheran Church demolish the old Henson Mansion. Why, and how, has this happened? It is clear that you understand neither the intent of this code, nor its provisions and details, nor why it is important not only to the few of us who occasionally address you, but to the neighborhood as a whole and the city as a whole. The Henson Mansion, or Old Free Clinic building, is an 86 year old architectural bulwark --- considered a "contributing structure" --- of the Roanoke's Old Southwest National Register Historic District. It is soon to be demolished, lost forever, because of the thoughtlessness of this church, and the recklessness of City Council in acquiescing to closed-door pressure. Council needs to be aware of the shock and bitterness with which the St. Mark's decision continues to be received, not only in Old Southwest, but in the city and valley at large. Council also needs to be aware of the reasons for that bitterness: * Council's decision is a farce. You know it, we know it, St. Mark's Lutheran Church knows it. * You have ignored the collective opinion of your own Architectural Review Board, choosing instead, at least to all outward appearances, to have a higher respect for the opinion of a single architect who spoke on behalf of St. Mark's, and who, in so thoroughly denigrating the Henson Mansion, illustrated a total lack of sensitivity to older buildings. * You have made the incredible finding that tearing down a significant historic building within a historic district is not "adverse to the district." * You have made the equally-incredible finding that "the proposed new use of the site satisfies the intent and standards of the district', --- as required by the H2 code --- when that new use is nothing more than parking lot, and when you have not even seen, or asked for, a site plan from St. Mark's. * YOU have done all this even th?ugh the church ow~.s ample vacant land suitable for additional parking, right in the same block. * You have done all this even though any financial hardshi~ to.the church will be by demolition, not by rehabilitation, or sale of, the Henson Mansion. Money to demolish is money thrown out the window. In summary, Council may very well have made a dead letter of the H2 district. What will you do with the next demolition appeal that comes to you? You have set a dangerous precedent. You have approved, for absolutely no reason other than the owner's desire, demolition of a historically significant structure. If you deny the next demolition appeal that comes before you, how could any court rule that your decision was not arbitrary? This is not just an Old. Southwest issue, not just a neighborhood issue. It is a c~ty issue. The C~ty of Roanoke is losing population for lack of good housing. Yet we do have housing stock: Are we going to save it and rehabilitate it, or would you prefer we let it deteriorate into eyesores and then bulldoze it? We need people living close to our heart - Downtown Roanoke. The reason behind the historic designation for Old Southwest was not limited to aesthetics, nor was the result of enforcement expected to be positive only for this one neighborhood. In saving housing stock, we have set an excellent example for other inner-city neighborhoods. Do we want a neighborhood of well-kept homes where people live in peace? Or do we want a neighborhood of broken-down houses, broken windows, peeling paint, caved-in roofs, and knee-high weeds,' where parents are afraid to bring their children to Highland Park School --- because City Council took the teeth out of what was never a very stringent ordinance? If there is any doubt in your mind as to the progress Old Southwest has made, ~lease.read the article in yesterday,s newspaper about ~oel Rlchert and the Old Southwest of 20 years ago. Gentlemen and Mrs. Bowles, your action may well spell the end of rehabilitation and restoration in Old Southwest. Lest you think this melodramatic or an overstatement of the situation, let us ask you; .W~.y should any of us in the so-called "private sector", particularly individual homeowners, continue to invest our hard-earned money here? If we have no protection against demolition, more and more parking lots, out-of-character buildings, and so forth, why should we bother? There is a limit to our altruism. Are you aware of how dramatically assessments in Old Southwest have increased in the last few years? Do you know that, because Roanoke has no "minimum maintenance"ordinance, those of us who maintain and improve our property are already heavily penalized for oln~ so, while owners who let their properties fall apart receive favorable tax treatment through low assessments? Wouldn't the reverse be more fair? Have you heard many complaints about taxes from Old Southwest owners? No, you have not --- because we are GLAD that our values have risen due to our efforts, and we are GLAD to pay our fair share to the city we care deeply about. For 20 years, Old Southwest has been on the upswing. Those who have been involved in the process have given freely --- of time, energy, ideas, expertise, and a great deal of money --- not for individual gain, but to save a living neighborhood from certain death. Old Southwest, Inc., has endeavored to educate it~ p~operty owners, area real estate agents, city commissions and officials, to the positive effect the H2 code has already had and will continue to have. And yet we continue to be thwarted by ignorance and lack of understanding. Ail owners in Old Southwest have benefited from H2 zoning, whether they are aware of it or not. But there continues to be a lack of understanding by some, including this City Council, of why and how H2 is applied. For instance, some people believe that paint colors are regulated in H2, or that siding is not allowed, or that H2 regulations extend to interiors --- none of which is true. One disgruntled owner in Old Southwest, apparently having been denied his plan by the Architectural Review Board, is a~temp~ing t? lead other.owners to believe that the historic zoning was put into.place without proper citizen notification, and that upcoming changes also will be put into place without proper notificgtion. You, and we, know this is not true; the proper hearings were held and will be held in the future. You, and others, must realize, that lite~ally hundreds of decisions have been made by your Architectural Review Board that have both maintained the integrity of the historic district and have been not only ~atisfactory, but helpful, to the property owner. While we in Old Southwest, Inc., don't always agree with every decision made by the ARB --- because we are the ones who have to live with the results daily --- we know that the majority of its members conscientiously ~eek to apply the law fairly and for the intent for which it was written. Old Southwest, Inc., asks City Council to grant us the following items: 1. We ask you to take time to studv Old Southwest. We ask you to compare our streets to other areas where no such code exists. Take a slow ride from Community Hospital to the old Garland's drugstore in Southeast, then turn around and head back. Look at the houses. Look at what has been done to them. Then ride over to the 500 block of Day Avenue, and look at what has been done to those houses - the doors, windows, porches. Next, on the positive side, ride to the two 300 blocks of Washington, on both sides of Franklin Road. Then ride the lengths of both Washington and Woods, where the houses are of comparable size and style ~o Day Avenue. Will you see, in making these comparisons, why we need the H2 code? We think you will; one would have to be blind not to see how terribly many of those houses in Southeast, and on Day Avenue in Old Southwest, prior to H2, have been remodelled into nothingness, with not only their architectural detailing removed, but, in many cases, their pride of ownership removed as well. Council Members, we desperately need pride of home ownership in Roanoke. Old Southwest, Inc., will gladly take this Council, the Planning Commission, the Board.of Zoning Appeals, and the ARB on a group tour of our nel~hb?rhood, if you'll name the day and time. Perhaps this is what we need so that we may all be on the same forward-moving course. 2. We ask the City of Roanoke to institute a desperately-needed buildina exterior maintenance law in this city, so that people who improve their homes and buildings are not penalized by neighbors who let their property go to pot, and so those who do let their property go to pot are not rewarded with low taxes. 3. We ask that your future aPPointments to th~ Architectural Review Board be not only well-educated in architectural history, but have.a genuine understanding of why rehabilitating our older buildings and neighborhoods preserves not only our housing stock, but our quality of life as well, and is of utmost importance to any city whic~ i~ losigg population. You cannot have an ARB member who is insensitive to old buildings. 4. We ask that the City send a mailinq to each owner in the Old Southwest Historic District --- a CODY of the Historic Zoninq Code as it exists now, as well as the ~roposed changes. This communication should further nclu~e an explanation of why the code was enacted, an overview of the positive results to date, and an explanation of the Architectural Review Board process. It is essential that, in the future, both property owners and city officials have a mutual understanding of this code. 5. And finally: We must Point out that when Council undermines the code, and the Architectural Review Board, for capricious reasons, it simD1v invites more hassles for itself in the future. Thus is the case with your ill-advised St. Mark's demolition decision. We ask you --- not for any individual good, not even for only the good of Old Southwest, but for the good of Roanoke --- that City Council reverse its decision on the St. Mark's demolition decision, just as the Roanoke Planning Commission recently did on the Embassy Motor Lodge prisoner housing issue in Northwest, when the commission understood the facts. Reread the code, consult with Mr. Dibling, see if you don't, with further research and understanding, believe that your July 8th decision was not only illegal, but extremely detrimental to the future of the City of Roanoke. Thank you. The Board of Directors, Old Southwest, Inc. Sceva Phillips, President Joel Richert, Vice President A1 Greene, Secretary Geoff Seamans, Treasurer At Large: Gordon Blake Petie Brigham Kent Chrisman David Peery ~INDAY, SEFq'. 22, 1991 She dared to challenge By MARK MORRISON When J°el Ricbert and her husband, Robert, moved to Old Southwest Roanoke in 1971 with their two young children, her friends were horrified. A neishborhood in decay, Old Southwest then was known for its high crime rate and the riffraff who lived there, not as an ideal place to raise a family. Or at least that's how the people in Richert's more-privileged circle felt. And in the beginning, they were right. The neighborhood was nothing like what it is today: Roanoke's only residential historic district and a revitalized community of restored Victorian homes and quiet, tree-hned streets. It was nothing like what Richert envisioned it could be. Friday, Richert was awarded the city's second Julian King Neighborhood Leadership Award for her work to bring that vision to life. When Richert moved there, Old Southwest was a ~ every morning Richert had to coUect hy- podermic needles from her yard and where she once found a woman's underpants on the front porch. It was a place where the sounds of police sirens and fire trucks echoing through the neighborhood kept her up at night; where she could see orgies taking place on the porch of a house across the street. She remembered hookers living in the basement of the house next door and the sound of people being assaulted. "You have no idea what it's like to hear women screaming because they are being raped," she said. Homes were vacant. Others;were/run down. Bro- ken glass and trash littered the streets. Cars sat parked and rusted in people's yards. Their car was even set on fire one night. "It was the pits." Nearby lived members of a rural family who had never learned to use their flush toilet. Instead, they had been cutting holes in their bathroom floor. PLEASE SEE CH~I, LLENGE/E5 · DON PETERSEN/Staff · .Joe! Ric. hert .mov..ed to Old Southwest 20 years ago with ner nusoan(l and two kids, and with high hopes for revitalizing the then-dilpidated neighborhood. .. Challenge, FROM PAGE E1 At thc same time, though, Richert saw hope in Old Southwest. She was drown to its diversity, its proximity to downtown Roanoke and its history. She liked the fact that it was a real neighborhood with corner grocery stores and a barber shop, churches within walking dis- tance and a park. "It was a tarnished lady. It was decayed. But it had so much poten- tial,'', she said. ?'There was beauty here." And there .was her house on Allison Avenue. · Although it had been split into three apartments by the time she and her husband bought it, the house was everything they had been looking for. Built in 1913 -~- like a battle- ship, Ricbert adds -- it is more than just a house. To her, it stands more as a monument to the way people lived when Old Southwest was a thriving and vital ncighbor- hood. Such things matter to Richert, a former executive secretary of the Roanoke Historical Society. She loves to talk, even romanticize, about the way things were. "This was a fashionable neigh- borhood from 1850 through the '20s," she explained. "This was the place to live in Roanoke." Front porches were the center of activity then, the place where children took their naps and neigh- bors came calling, back before the exodus to the suburbs and the back- yard barbecue.. Back yards were where you hung your laundry, where you piled your coal for the furnace and where you killed your chickens before sup- per, Richert explained. Her home has servant quarters and a service bell to the kitchen. There are separate bedrooms for the wife and husband -- a sign of affluence. .. "There was a touch of elegance here that you couldn't find any- where else," Richert said of her de- cision to move into the neighbor- hood. "This house just said something to me." Plus, it was selling for a song. In 1971, after 40 straight years of decline, land in Old Southwest was valued higher than even some of the nicer houses. It was an area of urban blight, better suited for the bulldozers and commercial devel- opment, city planners believed, than to renewal. On one block alone, there were~ seven halfway houses. "We stood out like a sore thumb," she said. That especially became true once they got involved and eventu- ally spearheaded the movement to bring Old Southwest back to pros- perity. Richert in particular stood out. Although her husband often got more of the publicity, she was really the more active one from a~grass- roots standpoint. She was the one out talking with'the People, otT, a- .~nizing and sticking her neck out. Without Richcrt, some say, fOld Southwest never would have made the comeback it has. "There ;were a lot of unsung heroes who ;were just as vigorous in the early ;days, but Joel heppcned to be thc :one who was the most vocal and the ~most ambitious," said Jan Wilkins, ;wbo has lived in thc neighborhood 'since before Ricbert and also was active in its rebirthT'-- Wilkins said Richcrt's methods have not always been thc most pop- ular, even amon~ her neishbors, but t.hey, have almost always been effec- tive. Vintage Richert was her orga- nizing neighbors against a fleet of cement trucks that were using their streets as a shortcut across town. Her strategy: Fake losing a contact lens in the path of thc trucks or drop a bag of groceries -- delay them, slow them up. And it worked. The trucks soon gave up and after community pres- sure, City Council enacted an ordi- nance prohibiting the trucks from using their side streets. "You do what needs to be done," she said. Police dispatchers knew Rich- ert's voice when she called, as did the mayor, most of City Council and the city manager. She remembered once seeing a crew of city workers tearing up one of thc neighbothood's brick side- walks to replace it with concrete. She stopped them. She had them call on their truck radio to Bern Ewert, the city manager at the time, who ordered the workers off the project+ Another time, she organized a bus tour for most of the city's lead- ers and department heads, provid- ed them with an oral history of the community and told them what they were doing right there and what they were doing wrong. She would make the rounds to landlords, asking them to keep their tenants in line or evict them. She would even go to the tenants them- selves in buildings where the trash hadn't been dumped in weeks, roaches lined the walls, and mag- gots infested the kitchens. "I'd go in there with my health books from college, show them the ugliest disease ! could i~md and say, 'This is what you're going to get if you don't change your ways.'" She even went one further, once calling the Weffare Depart- ment on a couple who were mis- .treating their newborn baby, lcav- mg her alone for hours at a time and feeding her soured milk. "l've never been afraid to get involved," she said. "I think any- body who's a leader has to be out front. You have to stick your neck out." Today, the results of Ricbert's efforts are obvious, evident in the community's revitalization, the many restored homes and its rank- ing as one of Roanoke's premier neighborhoods. She likes to boast that there are now five private swimming pools there, that it is host of the annual parlor-and-garden tours and home to one of Roanoke's best schools, Highland Park Learning Center. "It's so boring here anymore," she said with a chuckle. But still diverse, she added. "We have people living here who make $500 a month, and we have some millionaires. Where else in the city can you find that?" And at 52, Richert remains ac- tive, although she admittedly focus- es more on architectural preserva- tion now than on social issues or cleaning up the streets. As for the blocks that still need attention, she believes they, too, will come around eventually. After all, those same people who once were horrified when she moved to Old Southwest no longer feel that way. In fact, some of them are now her neighbors. IJJk k do wa d? - old Noel C. ~aylor Mayor Howard E. Musser Vice-Mayor CITY OF ROANOI<F, CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 September 23, 1991 Council Members: David A. Bowers Elizabeth T. Bowles Beverly T. Fitzpatrick, Jr. James G. Harvey, II William White, Sr. The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowies and Gentlemen: I woUld respectfully request a report from the City Manager at our meeting to be held on Monday, September 23, 1991, regarding the status of approval of CDBG funding for the Preservation Society's Renovation of Old First Arts Center on North Jefferson Street. Sincerely, Council Member DAB: sw MARY F. PARKER Cit~ Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (70:3)981-2541 September 25, 1991 File #60-467 SANDRA H. F. AKIN Deputy City Clerk Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30704-92391 amending and reordaining certain sections of the 1991-92 General and Grant Funds Appropriations, providing for appropriation of $268,958.00, representing the first request for proceeds from the 1992 Capital Maintenance and Equipment Replacement Fund, and appropriation of funds to various school accounts. Ordinance No. 30704-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa Enc. pc: Mr. W. Robert Herbert, City Manager Mr. Finn D. Pincus, Chairman, Roanoke City School Board, 1116 Winchester Avenue, S. W., Roanoke, Virginia 24015 Dr. Frank P. Tota, Superintendent of Schools, P. O. Box 13145, Roanoke, Virginia 24031 Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board, P. O. Box 13105, Roanoke, Virginia 24031 Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINI& The 23rd Day of September, 1991. No. 30704°92391. AN ORDINANCE to amend and reordain certain sections of the 1991-92 General and Grant 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 1991-92 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Education Instruction (1-6) ............................... Facilities (7-9) ................................ Other Uses of Funds (10) ........................ Fund Balance $ 48,574,439 907,302 1,071,349 Grant Fund Appropriations Education Chapter I Winter (12-50) ......................... $ 3,164,245 Chapter II 91-92 (51-67) ......................... 165,893 Vocational Education Teen Mothers 91-92 (68) ..... 10,000 Title IIA Licensed Practical Nursing (69) ........ 510 Alternative Education 91-92 (70-88) .............. 311,067 Perkins Act 91-92 (89-98) ........................ 276,379 Artist in Education 91-92 (99-100) ............... 25,850 Student Assistance Program 91-92 (101-108) ....... 73,876 Mentor-Teacher Program 91-92 (109-116) ........... 7,799 Drug Free Schools 91-92 (117-125) ................ 155,109 CMERP (11) ...................................... $ 1,239,150 Education Chapter I Winter (126) ........................... Chapter II 91-92 (127-128) ....................... Vocational Education Teen Mothers 91-92 (129)... Title IIA Licensed Practical Nursing (130) ..... Alternative Education 91-92 (131-132) .......... Perkins Act 91-92 (133) ........................ Artist in Education 91-92 (134-135) ............ Student Assistance Program 91-92 (136) ......... Mentor-Teacher Program 91-92 (137) ............. Drug Free Schools 91-92 (138) .................. 3,164,245 165,893 10,000 510 311,067 276,379 25,850 73,876 7,799 155,109 1) Retirement VSRS (001-060-6001-6000-0202) $ (32,086) 2) Matching Funds (001-060-6001-6400-0588) (120,567) 3) Purchased Services (001-060-6001-6400-0381) (90,000) 4) Matching Funds (001-060-6001-6201-0588) ( 4,750) 5) Matching Funds (001-060-6001-6301-0588) ( 4,750) 6) Matching Funds (001-060-6001-6204-0588) ( 4,750) 7) Textbooks (001-060-6004-6304-0613) 175,000 8) Replacement of Buses (001-060-6004-6676-0808) 51,658 9) Removal of Fuel Tanks (001-060-6004-6682-0850) 42,300 10) Transfer to Grant Fund (001-060-6005-6999-0911) 256,903 11) CMERP-Schools (001-3324) (268,958) 12) Elementary Teachers (035-060-6133-6000-0121) 1,077,086 13) Coordinators (035-060-6133-6000-0124) 65,452 14) Teacher Aides (035-060-6133-6000-0141) 496,932 15) Social Security (035-060-6133-6000-0201) 125,419 16) Retirement (035-060-6133-6000-0202) 274,775 17) Health Insur. (035-060-6133-6000-0128) 160,686 18) State Group Life Insur. (035-060-6133-6000-0205) 17,542 19) Instructional Travel (035-060-6133-6000-0553) 4,350 20) Instructional Equipment (035-060-6133-6000-0821) 23,273 21) Secondary Teachers (035-060-6133-6100-0121) 175,525 22) Social Security (035-060-6133-6100-0201} 13,428 23) Retirement (035-060-6133-6100-0202) 29,418 24) Health Insur. (035-060-6133-6100-0128) 13,321 25) State Group Life Insur. (035-060-6133-6100-0205) 1,878 26) Administrator 27) Dissemination 28) Clerical 29) Parent Involvement 30) Coordinator 31) Social Security 32) Retirement 33) Health Insur. 34) State Group Life Insur. 35) Indirect Costs 36) Service Contracts 37) Dissemination 38) Administrative Travel 39) Field Trips 40) Testing, Evaluation 41) Parent Involvement 42) Inservice Training 43) Office Supplies 44) Food 45) Instructional Supplies 46) Other Equipment 47) Nurses 48) Social Security 49) Medical Travel 50) Medical Supplies 51) Writing Lab Aide 52) Social Security 53) State Retirement 54) Health Insur. 55) State Group Life Insur. 56) Library Materials 57) Media Equip. 58) Visiting Teachers 59) Social Security (035-060-6133-6200-0114) (035-060-6133-6200-0138) (035-060-6133-6200-0151) (035-060-6133-6200-0121) (035-060-6133-6200-0123) (035-060-6133-6200-0201) (035-060-6133-6200-0202) (035-060-6133-6200-0128) (035-060-6133-6200-0205) (035-060-6133-6200-0212) (035-060-6133-6200-0332) (035-060-6133-6200-0351) (035-060-6133-6200-0553) (035-060-6133-6200-0583) (035-060-6133-6200-0584) (035-060-6133-6200-0585) (035-060-6133-6200-0129) (035-060-6133-6200-0601) (035-060-6133-6200-0602) (035-060-6133-6200-0614) (035-060-6133-6200-0821) (035-060-6133-6672-0131) (035-060-6133-6672-0201) (035-060-6133-6672-0553) (035-060-6133-6672-0605) (035-060-6231-6004-0141) (035-060-6231-6004-0201) (035-060-6231-6004-0202) (035-060-6231-6004-0128) (035-060-6231-6004-0205) (035-060-6231-6218-0613} (035-060-6231-6218-0821) (035-060-6231-6231-0123) (035-060-6231-6231-0201) $ 49,054 22,155 25,559 58,063 20,690 13,427 29,417 15,224 1,878 52,287 55,685 4,000 3,600 77,450 9,195 37,512 15,865 5,575 23,850 80,173 12,994 56,950 4,357 3,500 6,700 17,670 1,352 2,961 3,806 189 1,267 2,000 70,060 5,360 60) State Retirement 61) Health Insur. 62) State Group Life Insur. 63) Administrator, Grants and Research 64) Social Security 65) State Retirement 66) Health Insur. 67) State Group Life Insur. 68) Contracted Child Care 69) Tuition 70) Secondary Teachers 71) Coordinator 72) Teacher Aide 73) Social Security 74) State Retirement 75) Health Insur. 76) State Group Life Insur. 77) Travel 78) Supplies 79) Miscellaneous Materials 80) Clerical 81) Social Security 82) State Retirement 83) Health Insur. 84) State Group Life Insur. 85) Insurance 86) Travel 87) Supplies 88) Miscellaneous Materials 89) Teachers 90) Social Security 91) State Retirement 92) Health Insur. (035-060-6231-6231-0202) (035-060-6231-6231-0128) (035-060-6231-6231-0205) (035-060-6231-6665-0114) (035-060-6231-6665-0201) (035-060-6231-6665-0202) (035-060-6231-6665-0128) (035-060-6231-6665-0205) (035-060-6428-6138-0381) (035-060-6429-6334-0382) (035-060-6430-6100-0121) (035-060-6430-6100-0123) (035-060-6430-6100-0141) (035-060-6430-6100-0201) (035-060-6430-6100-0202) (035-060-6430-6100-0128) (035-060-6430J6100-0205) (035-060-6430-6100-0551) (035-060-6430-6100-0614) (035-060-6430-6100-0615) (035-060-6430-6300-0151) (035-060-6430-6300-0201) (035-060-6430-6300-0202) (035-060-6430-6300-0128) (035-060-6430-6300-0205) (035-060-6430-6300-0538) (035-060-6430-6300-0551) (035-060-6430-6300-0601) (035-060-6430-6300-0615) (035-060-6750-6138-0121) (035-060-6750-6138-0201) (035-060-6750-6138-0202) (035-060-6750-6138-0204) $ 11,742 3,806 750 34,290 2,623 5,747 1,903 367 10,000 510 133,875 30,000 19,600 15,804 34,887 19,030 2,228 9,356 11,000 10,351 13,000 995 1,918 1,903 122 2,000 1,500 3,000 498 66,975 5,124 11,225 3,806 93) State Group Life Insur. 94) Advanced Placement Classes 95) Business Education Equipment 96} Technology Education Equipment 97) Trade and Industrial Equipment 98) Technical Preparation Equipment 99) Contracted Artists 100) Instructional Supplies 101) Student Assistance Coordinators 102) Social Security 103) State Retirement 104) Health Insur. 105) Group Life Insurance 106) Contracted Services 107) Travel 108) Equipment 109) Substitute Teachers 110) Mentor stipends 111) Inservice 112) Social Security 113) Printing 114) Travel 115) Publications 116) Supplies 117) Counselors 118) Training 119) Social Security 120) State Retirement 121) Health Insur. (035-060-6750-6138-0205) (035-060-6750-6138-0382) (035-060-6750-6136-0821) (035-060-6750-6137-0821) (035-060-6750-6138-0821) (035-060-6750-6139-0821) (035-060-6815-6201-0381) (035-060-6815-6201-0614) (035-060-6981-6100-0121) (035-060-6981-6100-0201) (035-060-6981-6100-0202 (035-060-6981-6100-0128 (035-060-6981-6100-0205 (035-060-6981-6100-0313 (035-060-6981-6100-0554) (035-060-6981-6100-0821 (035-060-6982-6000-0021 (035-060-6982-6000-0121 (035-060-6982-6000-0129 (035-060-6982-6000-0201) (035-060-6982-6000-0351) (035-060-6982-6000-0554) (035-060-6982-6000-0613) (035-060-6982-6000-0614) (035-060-6983-6306-0123) (035-060-6983-6306-0129) (035-060-6983-6306-0201) (035-060-6983-6306-0202) (035-060-6983-6306-0128) 716 2,500 100,000 20,000 15,000 51,033 24,850 1,000 52,200 3,993 8,749 5,709 590 1,500 810 325 480 1,500 1,894 130 675 1,570 1,500 50 64,353 20,000 4,758 8,749 5,709 122) Group Life Insurance 123) Contracted Services 124) Instructional Materials 125) Other Materials 126) Federal Grant Receipts 127) Local Match 128) Federal Grant Receipts 129 Federal Grant Receipts 130 Federal Grant Receipts 131 Local Match 132 Federal Grant Receipts 133 Federal Grant Receipts 134 Local Match 135 Federal Grant Receipts 136) Federal Grant Receipts 137) Federal Grant Receipts 138) Federal Grant Receipts (035-060-6983-6306-0205) (035-060-6983-6306-0313) (035-060-6983-6306-0614) (035-060-6983-6306-0615) (035-060-6133-1102) (035-060-6231-1101) (035-060-6231-1102) (035-060-6428-1102} (035-060-6429-1102) (035-060-6430-1101) (035-060-6430-1102) (035-060-6750-1102) (035-060-6815-1101) (035-060-6815-1102) (035-060-6981-1102) (035-060-6982-1102) (035-060-6983-1102) $ 559 25,000 15,000 10,98i 3,164,245 32,086 133,807 10,000 510 210,567 100,500 276,379 14,250 11,600 73,876 7,799 155,109 BE IT FURTHER ORDAINED that, an emergency Ordinance shall be in effect from its passage. existing, this ATTEST: City Clerk. DEPARTMENT OF FINANCE CiTY OF ROANOKE, VA. September 23, 1991 CITY CJ?i~S FFtCE ~1 SEP 19 P2:55 TO: FROM: SUBJECT: Honorable Mayor and Members of the City Council Joel M. Schlanger School Board Request for the Appropriation of CMERPFunds and Grant Funds I have reviewed the attached report to appropriate funding for the School Board. This report will appropriate $268,958 from the School portion of CMERP Funds for textbooks, school bus replacements and removal of fuel oil storage tanks. This is the first appropriation of funds for the School Board from FY90-91 CMERP Funds. This report will also appropriate funds under ten grant programs. These grants are funded with Federal funds and local matching funds totaling $256,903. Funding for the local matches is available in the Education following accounts: · Retirement-VSRS · Matching Funds · Purchased Services · Matching Funds · Matching Funds · Matching Funds portion of the General Fund in the 001-060-6001-6000-0202 001-060-6001-6400-0588 001-060-6001-6400-0381 001-060-6001-6201-0588 001-060-6001-6301-0588 001-060-6001-6204-0588 $ 32,086 120,567 90,000 4,750 4,750 4.750 I recommend that you concur with this request of the School Board. I~rector of Finan~ -Roanoke Finn D. Pincus, Chairman Charles W. Day, Vice Chairman Sallye T. Coleman City School Board P.O Box 13105, Roanoke, Virginia 24031 · 703-981-2381 P19 P2:53 September 11, 1991 The Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official action at its meeting of September 10, 1991, the School Board respectfully requests City Council to appro- priate $268,958.00 which represents the first request for proceeds from the 1992 Capital Maintenance and Equipment Replacement Fund. The proceeds will provide funds for the purchase of textbooks, school bus replacement, and the removal of fuel oil storage tanks. The Board further requests the appropriation of funds to the following school accounts: Grant No. 6133- $3,164,245.00 for the Chapter I Winter Program to provide remedial reading, language arts, and mathematics instruction for students in targeted schools. The program is one hundred percent reimbursed by federal funds. Grant No. 6213- $165,893.00 for the 1991-92 Chapter II program to provide funds for the improvement of in- structional services in the school district. The program will be reimbursed by federal funds in the amount of $133,807.00, with local match in the amount of $32,086.00. Grant No. 6428- $10,000.00 for the Vocational Education Teen Mothers program to provide child care and transportation for students enrolled in the Teen Parent's Employability Development Class. The program is one hundred percent reim- bursed by federal funds. Excellence in Education Members of City Council Page 2 September 11, 1991 Grant No. 6429- Grant No. 6430- Grant No. 6750- Grant No. 6815- Grant No. 6981- Grant No. 6982- $510.00 for the Title II-A Licensed Practical Nursing program to provide tuition for selected students to attend the Licensed Practical Nursing courses offered by Roanoke City Schools. The program will be one hundred percent reimbursed by federal funds. $311,067.00 for the Alternative Education program to provide instruction and guidance services to secondary level students who are at risk of leaving school due to poor academic achievement, Iow or unrealistic self-concept, or a poor understanding of academic preparation required to achieve their career interests. The program will be reimbursed by federal funds in the amount of $100,500, with local match in the amount of $210,567. $276,379.00 for the 1991-92 Perkins Act pro- gram to provide funds for vocational instruc- tors and equipment. The program will be reimbursed one hundred percent by federal funds. $25,850.00 for the Artist in Education program to provide funds for the enhancement of the district's arts program by bringing experts into the schools for student workshops. The program is reimbursed by federal funds in the amount of $11,600, with local match in the amount of $14,250. $73,876.00 for the 1991-92 Student Assistance program to provide for the expansion and improvement of direct student assistance services, primarily to prevent and reduce alcohol and drug abuse among secondary students. The program is one hundred per- cent reimbursed by federal funds. $7,799.00 for the Mentor-Teacher program to provide for the implementation of mentor services to aid new teachers. The program will be reimbursed one hundred percent by federal funds. Members of Council Page 3 September 11, 1991 rg CC: Grant No. 6983- $155,109.00 for the Drug Free Schools program for 1991-92 to provide counselors, training workshops, and materials for the operation of a community-wide alcohol and drug prevention program. The program will be reimbursed one hundred percent by federal funds. The approval of this request will be appreciated. Sincerely, Richard L. Kelley Clerk of the Board and Executive for Business Affairs Mr. Finn D. Pincus Dr. Frank P. Tota Mr. William L. Murray, Jr. Mr. Kenneth F. Mundy, Jr. Mr. W. Robert Herbert ~Mr. Wilburn C. Dibling r. Joel M. Schlanger (with accounting details) ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Capital Maintenance and Equipment Replacement Funds Request I 001-060-6004-6304-0613 0016060-6004-6676-0808 001-060-6004-6682-0850 Appropriation Unit ZD1 Textbooks $ 175,000.00 Replacement of School Buses $ 51,658.00 Removal of Fuel Oil Storage Tanks 42,300.00 $ 268,958.00 The above appropriation represents the first request for proceeds from the 1992 Capital Maintenance and Equipment Replacement Fund. Instructional textbooks to be purchased were deferred from the 1992 General Fund Budget. School buses will be replaced in accordance with the Virginia Department of Education school bus replacement schedule. Fuel oil storage tanks will be removed from the Maintenance and Operations Center, William Fleming High School, Lawson Vocational Center, Patrick Henry High School, Gibbone¥ Vocational Center, Stonewall Jackson Middle School, Fishburn Park School and Lincoln Terrace School. September 10, 1991 ROANOKE CITY SCHOOL BOARD Roanoke. Virginia 035-060-6133-6000-0121 035-060-6133-6000-0124 035-060-6133-6000-0141 035-060-6133-6000-0201 035-060-6133-6000-0202 035-060-6133-6000-0128 035-060-6133-6000-0205 035-060-6133-6000-0553 035-060-6133-6000-0821 035-060-6133-6100-0121 035-060-6133-6100-0201 035-060-6133-6100-0202 035-060-6133-6100-0128 035-060-6133-6100-0205 035-060-6133-6200-0114 035-060-6133-6200-0138 035-060-6133-6200-0151 035-060-6133-6200-0121 035-060-6133-6200-0123 035-060-6133-6200-0201 035-060-6133-6200-0202 035-060-6133-6200-0128 035-060-6133-6200-0205 035-060-6133-6200-0212 035-060-6133-6200-0332 035-060-6133-6200-0351 035-060-6133-6200-0553 035-060-6133-6200-0583 035-060-6133-6200-0584 035-060-6133-6200-0585 035-060-6133-6200-0129 035-060-6133-6200-0601 035-060-6133-6200-0602 035-060-6133-6200-0614 035-060-6133-6200-0821 035-060-6133-6672-0131 035-060-6133-6672-0201 035-060-6133-6672-0553 035-060-6133-6672-0605 Appropriation Unit ZiP APPROPRIATION P.~UEST Chapter I #inter, 124-92-1 6133 Elementary Teachers Coordinators Teacher Aides Social Security Retirement Health Insurance State Group Life Insurance Instructional Travel Instructional Equipment Secondary Teachers Social Security Retirement Health Insurance State Group Life Insurance Administrator Dissemination Clerical Parent Involvement Teachers Coordinator Social Security Retirement Health Insurance State Group Life Insurance Indirect Costs Service Contracts Dissemination Administrative Travel Field Trips Testing, Evaluation Parent Involvement Inservice Training Office Supplies Food Instructional Supplies Other Equipment Nurses Social Security Medical Travel Medical Supplies $ 1,077,086.00 65,452.00 496,932.00 125,419.00 274,775.00 160,686.00 17,542.00 4,350.00 23,273.00 175,525.00 13,428.00 29,418.00 13,321.00 1,878.00 49,054.00 22,155.00 25,559.00 58,063.00 20,690.00 13,427.00 29,417.00 15,224.00 1,878.00 52,287.00 55,685.00 4,000.00 3,600.00 77,450.00 9,195.00 37,512.00 15,865.00 5,575.00 23,850.00 80,173.00 12,994.00 56,950.00 4,357.00 3,500.00 6,700.00 $ 3,164,245.00 035-060-6133-1102 Federal Grant Receipts $ 3,164,245.00 The Chapter I Winter Program will provide remedial reading, language arts and mathematics instruction for students in targeted schools. The program is one hundred percent reimbursed by federal funds and will end June 30, 1992. September 10, 1991 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Chapter II 91-92 6231 035-060-6231-6004-0141 035-060-6231-6004-0201 035-060-6231-6004-0202 035-060-6231-6004-0128 035-060-6231-6004-0205 035-060-6231-6218-0613 035-060-6231-6218-0821 035-060-6231-6231-0123 035-060-6231-6231-0201 035-060-6231-6231-0202 035-060-6231-6231-0128 035-060-6231-6231-0205 035-060-6231-6665-0114 035-060-6231-6665-0201 035-060-6231-6665-0202 035-060-6231-6665-0128 035-060-6231-6665-0205 Appropriation Unit Z2S Writing Lab Aide $ 17,670.00 Social Security 1,352.00 State Retirement 2,961.00 Health Insurance 3,806.00 State Group Life Insurance 189.00 Library Materials 1,267.00 Media Equipment 2,000.00 Visiting Teachers 70,060.00 Social Security 5,360.00 State Retirement 11,742.00 Realth Insurance 3,806.00 State Group Life Insurance 750.00 Administrator, Grants & Research 34,290.00 Social Security 2,623.00 State Retirement 5,747.00 Health Insurance 1,903.00 State Group Life Insurance 367.00 $ 165,893.00 035-060-6231-1101 035-060-6231-1102 Local Match Federal Grant Receipts 32,086.00 133,807.00 165,893.00 The 1991-92 Chapter II program will provide funds for the improvement of instructional services in the school district. The program will be reimbursed by federal funds in the amount of $133,807. Local match in the amount of $32,086 will be provided from account 001-060-6001-6000-0202. The program will end June 30, 1992. September 10, 1991 ROANOKE CITY 8CHOOh BOARD Roanoke, Virginia APPROPRIATION REQUEST Vocational Education Teen Mothers 91-92 6428 035-060-6428-6138-0381 Appropriation Unit Z4T Contracted Child Care $ 10,000.0~0 035-060-6428-1102 Federal Grant Receipts $ 10,000.00 The Vocational Education Teen Mothers program will provide child care and transportation for students enrolled in the Teen Parent's Employabilit¥ Development Class. The program is one hundred percent reimbursed by federal funds. The program will end June 30, 1992. September 10, 1991 RO~O~ CIT~ 8CROOh Roanoke, Virginia APPROPRIATION REQUEST Title II-A hicensed Practical Nursing 6429 035-060-6429-6334-0382 Appropriation Unit Z4U Tuition S 510.00 035-060-6429-1102 Federal Grant Receipts $ 510.00 The Title II-A Licensed Practical Nursing program provides tuition for selected students to attend the Licensed Practical Nursing courses offered by Roanoke City Schools. The program will be one hundred percent reimbursed by federal funds. The program ends June 30, 1992. September 10, 1991 ROP~OKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Alternative Education 91-92 6430 035-060-6430-6100-0121 035-060-6430-6100-0123 035-060-6430-6100-0141 035-060-6430-6100-0201 035-060-6430-6100-0202 035-060-6430-6100-0128 035-060-6430-6100-0205 035-060-6430-6100-0551 035-060-6430-6100-0614 035-060-6430-6100-0615 035-060-6430-6300-0151 035-060-6430-6300-0201 035-060-6430-6300-0202 035-060-6430-6300-0128 035-060-6430-6300-0205 035-060-6430-6300-0538 035-060-6430-6300-0551 035-060-6430-6300-0601 035-060-6430-6300-0615 Appropriation Unit Z4V Secondary Teachers Coordinator Teacher Aide Social Security State Retirement Health Insurance State Group Life Insurance Travel Supplies Miscellaneous Materials Clerical Social Security State Retirement Health Insurance State Group Life Insurance Insurance Travel Supplies Miscellaneous Materials 133,875.00 30,000.00 19,600.00 15,804.00 34,887.00 19,030.00 2,228.00 9,356.00 11,000.00 10,351.00 13,000.00 995.00 1,918.00 1,903.00 122.00 2,000.00 1,500.00 3,000;00 498.00 $ 311,067.00 035-060-6430-1101 035-060-6430-1102 Local Match Federal Grant Receipts 210,567.00 100,500.00 $ 311,067.00 The Alternative Education program will provide instruction and guidance services to secondary level students who are at risk of leaving school due to poor academic achievement, low or unrealistic self-concept, or a poor understanding of academic preparation required to achieve their career interests. Program expenditures will be funded by local match from accounts 001-060-6001-6400-0588 in the amount of $120,567 and account 001-060-6001- 6400-0381 in the amount of $90,000 and by federal funds in the amount of $100,500. The program will end June 30, 1992. September 10, 1991 ROiKNOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Perkins Act Funds 91-92 6750 035-060-6750-6138-0121 035-060-6750-6138-0201 035-060-6750-6138-0202 035-060-6750-6138-0204 035-060-6750-6138-0205 035-060-6750-6138-0382 035-060-6750-6136-0821 035-060-6750-6137-0821 035-060-6750-6138-0821 035-060-6750-6139-0821 Appropriation Z78 Teachers Social Security State Retirement Health Insurance State Group Life Insurance Advanced Placement Classes Business Education Equipment Technology Education Equipment Trade & Industrial Equipment Technical Preparation Equipment 66,975.00 5,124.00 11,225.00 3,806.00 716.00 2,500.00 100,000.00 20,000.00 15,000.00 51,033.00 $ 276~379.00 035-060-6750-1102 Federal Grant Receipts $ 276,379.00 The 1991-92 Perkins Act program will provide funds for vocational instructors and equipment. One hundred percent of expenditures will be reimbursed by federal funds. The program will end June 30, 1992. September 10, 1991 ROANOKE CITY SCHOOL BOARD Roanoke. Virqinia APPROPRIATION REQUEST Artist in Education 91-92 6815 035-060-6815-6201-0381 035-060-6815-6201-0614 Appropriation Unit ZSI Contracted Artists Instructional Supplies $ 24,850.00 1,000.00 $ 25,850.00 035-060-6815-1101 035-060-6815-1102 Local Match Federal Grant Receipts $ 14,250.00 11,600.00 $ _25,850.00 The Artist in Education program provides funds for the enhancement of the district's arts program by bringing experts into the schools for student workshops. The program is reimbursed in the amount of $11,600 by federal funds. Local match in the amount of $14,250 will be provided from accounts 001-060-6001-6201-0588 ($4,750}, 001-060-6001-6301-0588 ($4,750), and 001-060-6001-6204-0588 ($4,750). The program will end June 30, 1992. September 10, 1991 ROANOKE CITY SCHOOh BOARD Roanoke, Virginia APPROPRIATION REQUEST Student Assistance Program 91-92 6981 035-060-6981-6100-0121 035-060-6981-6100-0201 035-060-6981-6100-0202 035-060-6981-6100-0128 035-060-6981-6100-0205 035-060-6981-6100-0313 035-060-6981-6100-0554 035-060-6981-6100-0821 Appropriation Unit Z39 Student Assistance Coordinators Social Security State Retirement Health Insurance Group Life Insurance Contracted Services Travel Equipment 52,200.00 3,993.00 8,749.00 5,709.00 590.00 1,500.00 810.00 325.00 $ 73,876.00 035-060-6981-1102 Federal Grant Receipts 73,876.00 The 1991-92 Student Assistance Program will provide for the expansion and improvement of direct student assistance services, primarily to prevent and reduce alcohol and drug abuse among secondary students. The program is one hundred percent reimbursed by federal funds. The program will end June 30, 1992. September 10, 1991 ROANOKE CITY $CBOOh BOARD Roanoke, Virginia APPROPRIATION REQUEST Mentor-Teacher Program 91-92 6982 035-060-6982-6000-0021 035-060-6982-6000-0121 035-060-6982-6000-0129 035-060-6982-6000-0201 035-060-6982-6000-0351 035-060-6982-6000-0554 035-060-6982-6000-0613 035-060-6982-6000-0614 Appropriation Unit Z9A Substitute Teachers $ 480.00 Mentor Stipends 1,500.00 Inservice 1,894.00 Social Security 130.00 Printing 675.00 Travel 1,570.00 Publications 1,500.00 Supplies 50.00 $ 7 799.00 035-060-6982-1102 Federal Grant Receipts $ 7,799.00 The Mentor-Teacher Program will provide funds for the implementation of mentor services to aid new teachers. The program will be reimbursed one hundred percent by federal funds. The program will end June 30, 1992. September 10, 1991 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATfON REQUEST Drug Free Schools 91-92 6983 035-060-6983-6306-0123 035-060-6983-6306-0129 035-060-6983-6306-0201 035-060-6983-6306-0202 035-060-6983-6306-0128 035-060-6983-6306-0205 035-060-6983-6306-0313 035-060-6983-6306-0614 035-060-6983-6306-0615 Appropriation Unit Z9B Counselors Training Social SecuritF State Retirement Health Insurance Group Life Insurance Contracted Services Instructional Materials Other Materials 64,353.00 20,000.00 4,758.00 8,749.00 5,709.00 559.00 25,000.00 15,000.00 10,981.00 $ 155 109.00 035-060-6983-1102 Federal Grant Receipts $ 155,109.00 The Drug Free Schools Program for 1991-92 will provide counselors, training workshops and materials for the operation of a community-wide alcohol and drug prevention program. The program is reimbursed one hundred percent by federal funds. The program will end September 30, 1992. September 10, 1991 Roanoke, Virginia September 23, 1991 Honorable Nayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Briefing on Stormwater Discharge Permits - Individual Industrial and Municipal Required Under Federal Regulations I. Back,round: Water quality of our national waters became a national concern after the "Great Depression." At that time, the primary source of water pollution was raw sewage discharges. Our nation's initial effort to clean our waters was to develop and implement regulations for wastewater treatment and septic systems. These are considered "point discharges." B. Rapid growth following World War II and the Korean Conflict lead to substantial deterioration of the nation's "waters" from sediment loading and shoreline degradation. Rapid increase in runoff volumes and the lack of erosion control practices were the root "non-point" contributors to this problem. Most states, including Virginia in 1979, enacted stormwater and erosion control regulations during the late 1970's to address the non- point problem. C. The Greater Washin~tonMetro Area Water Quality Study during the 1970's identified the next major point source polluter of our waters -- municipal storm sewer systems. The Environmental Protection Agency (EPA) with the Department of Agriculture (DOA) developed a voluntary program consisting of "Best Management Practices" (BMP's). As with most voluntary programs, BMP's were a failure as demonstrated by the continuing deterioration of our streams and lakes. D. Initial stormwater~ualit~ re(~ulations placed sole responsibility for pollutants within storm sewer systems upon the owning municipality. Complaints from cities and counties resulted in the establishment of two (2) levels of Stormwater Discharge Permits (SDP) in the final regulations published in November 1990: Individual Industrial Permits and Municipal Permits. Under the regulations, cities and counties are no longer responsible for private industrial discharges into the municipal system. II. Current Situation: A. Individual Induetrial Permite are required for all activities that fall within certain EPA Standard Industrial Classifications (SIC). For the City of Roanoke, the following facilities are affected: 1. Landfills (existing and closed) where stormwater concentrated and can come in contact with refuse. 2. Waetewater Treatment Plant 3. Public Works Centers 4. Vehicle Maintenance Facilities Individual Industrial Permits are required of individual industrial uses to determine if these facilities are contributing to the pollution of the United States waters. Typically, the permits require background information on the facility and baseline stormwater sampling to determine the present pollution loading from the site. Based on the sampling results, the facility may be required to take remedial actions to reduce particular pollutants to a specific level. In addition, the owner will be required to continue monitoring the stormwater quality at the outfall to insure that the pollution loading is within acceptable levels. Individual permits can be submitted in the following formats: General: General Permits are simple permits with pre- approved conditions that are usually "worst case" defined. Over a five (5) year permit, this could be the most expensive. In addition, the State Water Control Hoard has not developed the General Permit Requirements for any of our SIC usages. Consequently, we cannot use this o~tion at the ~resent time. 2. Group: Group Permits are simple permits submitted by many similar users. Cost savings are realized by the reduced number of samples required. Like the General Permit, the conditions of the permit can be based on "worst case" sites that may be worse than your facility. Over the five (5) year permit, this permit could be as expensive as a General Permit since the remediation program and continuing monitoring may be based on someone else's operation. 3. Individual: Individual Permits require more effort initially in providing stormwater sampling for each site. However, these samples could result in less stringent remediation and monitoring requirements following individual negotiations. Individual Permits have a strong potential of resulting in less cost over the five (5) year permit. Staff has advertised for, interviewed, and negotiated with consultants for Individual Permits. Individual Industrial Permits are due by Ma~ 18, 1992. C. Municipal Permits are divided into three (3) categories with differing deadlines: Large - population exceeds 250,000 must submit Part I of a two (2) part permit by November 16, 1991; Medium - population between 100,000 and 250,000 must submit Part I by May 18, 1992; Small - population less than 100,000 are not presently required to submit a permit. The City of Roanoke has been listed on the Federal Register as a medium municipality by the EPA. Staff submitted a waiver request in May 1991 to be reclassified as a small municipality based on the 1990 Census. However, the City has appealed the 1990 Census figures, seeking an increase in the final count. On this basis, the EPA through the SWCB is unwilling to reclassify the City to a small municipality. Recent conversations with the Census Bureau indicates that the City will receive a final adjusted census count in the next several weeks. D. Cost Est{m~ten for our permits are as follows: Task Aerial Photography Ground Control Individual Maps City Wide Maps Part I (Municipal) Part II (Municipal) Part A & B (Ind.) Individual Municipal Mappin~ (*) ~0,~0 $85,000 $10,000 $75,000 $225,000 $150,000 (5/92} $200,000 (5/93) Total $85,000 $575,000 $95,000 Grand Total: * Previously Funded $755,000 E. Funding is presently available for Individual Industrial Permits and Mapping Contracts in a capital account - NPDES Industrial Permit Application (008-052-9673) in the amount of $181,087. III. Future Actions: A. Council. Re~orts for the authorization to enter into consultant services contracts for Mapping / Ground Control and Individual Industrial Permits are scheduled to be presented to Council for formal action at the October 14, 1991 Council Meeting. Final Census Counts will be used to determine the need for completing a Municipal Permit in the next several weeks. If a permit is required, staff will identify a funding source, advertise, interview potential consultants, and prepare a Council Report. C. Funding and staffing alternatives to accommodate this new federal requirement are currently being reviewed by City staff. If staff develops any specific recommendations, such proposals will be presented to Council at a later date. WRH/JAP/jap Respectfully Submitted; W. Robert Herbert City Manager Director of Finance City Attorney Director of Public Works Director of Utilities and Operation City Engineer MARY F. Ci~ Cler~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roaaoke, Virginia 24011 Telephone: (703)981-2541 September 25, 1991 File #202-184 SANDI~A H. EAI~N Deputy City Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30705-92391 amending the Code of the City of Roanoke (1979), as amended, by enacting new §2-61.1, City Manager to promulgate g~ievanee procedure, new § 2-85.1, G~ievanee hearing panels, and by repealing Division 3, Grievances, of Article IV, Personnel Management and Practices, of Chapter 2, Administration; such new sections requiring the City Manager to establish a grievance p~ocedure for employees of the City and providing for organization of the Personnel and Employment P~actiees Commission into panels for the purpose of hearing g~ievances. Ordinance No. 30705-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa Eric. pc: The Honorable Kenneth E. Trabue, Chief Judge, Circuit Court, 305 East Main Street, Salem, Virginia 24153 The Honorable G. O. Clemens, Judge, Circuit Court, P. O. Box 1016, Salem, Virginia 24153 The Honorable Roy B. Willett, Judge, Circuit Court The Honorable Clifford R. Weckstein, Judge, Circuit Court The Honorable Diane M. Strickland, Judge, Circuit Court The Honorable Joseph M. Clarke, II, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Fred L. Hoback, Jr., Judge, Juvenile and Domestic Relations District Court The Honorable Edward S. Kidd, Jr., Chief Judge, General District Court Mr. W. Robert Herbert September 25, 1991 Page 2 pc.' The Honorable Julian H. Raney, Jr., Judge, General District Court The Honorable Richard C. Pattisal, Judge, General District Court The Honorable Donald S. Caldwell, Commonwealth's Attorney The Honorable A. Dale Hendrick, Clerk, Circuit Court Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Mr. Ronaid Albright, Clerk, General District Court Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Mr. Bobby D. Casey, Office of the Magistrate, P. O. Box 13867, Roanoke, Virginia 24037 Ms. Clayne M. Calhoun, Law Librarian Mr. Robert L. Laslie, Vice President - Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32304 Ms. Judy Witcher-Jackson, Chairman, Personnel and Employment Practices Commission, p. O..Box 6003, Roanoke, Virginia 24017 Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Kenneth S. Cronin, Manager, Personnel Management IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd Day of September, 1991. No. 30705-92391. AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by enacting new S2-61.1, City Manaqer to promulqate Grievance procedure, new S2-85.1, Grievance hearinq panels, and by repealing Division 3, Grievances, of Article IV, Personnel Manaqement and Practice~, of Chapter 2, Administratioq; such new sections requiring the City Manager to establish a grievance procedure for employees of the City and providing for organization of the Personnel and Employment Practices Commission into panels for the purpose of hearing grievances; and providing for an emergency. WHEREAS, S15.1-7.1, Code of Virginia (1950), as amended, requires that the City of Roanoke have a grievance procedure for its employees, and S1§.1-7.2 requires that such grievance procedure shall comply with such section with respect to definition of grievance, management responsibilities, coverage of personnel, time periods, management steps, grievability rulings, rules for panel hearings and implementation of panel decisions; and WHEREAS, ~1§.1-7.2 requires that the City Manager and City Attorney certify in writing that the City's grievance procedure is in compliance with the provisions of ~15.1-7.2 and that such certification be filed with the Clerk of the Circuit Court for the City of Roanoke with an attested copy of such certification being filed with the Director of the State Department of Employee Relations Counselors; and WHEREAS, the City Manager and City Attorney are prepared to certify a new grievance procedure, a copy of which is attached to the City Manager's report to City Council, dated September 23, 1991, to be in compliance with the mandates of S15.1-7.2; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Division 1, Generally, of Article IV, Personnel Manaqement and Practices, of Chapter 2, Administration, Code of the City of Roanoke (1979), as amended, shall be amended and reordained by the addition of the following new sections: §2-61.1. City Manaqer to promulqate qrievance procedure. (a) The City Manager shall establish and promulgate for employees of the City a grievance procedure including the components and features set out in ~15.1-7.2, Code of Virginia (1950), as amended, and otherwise complying with such section. Each amendment made to such grievance procedure by the City Manager shall comply with ~15.1-7.2. The Department of Personnel Management shall provide employees with copies of the applicable grievance procedure upon request. (b) The grievance procedure promulgated pursuant to this section, and each amendment thereto, shall be certified in writing by the City Manager and the City Attorney to be in compliance with ~15.1-7.2, and such certification shall be filed with the Clerk of the Circuit Court for the City of Roanoke. A copy of the certification of such grievance procedure and any amendment thereto, attested by the Clerk of the Circuit Court, shall thereafter be filed with the Director of the State Department of Employee Relations Counselors. -2- S2-85.1. Grievance hearinq panel~. (a) The Commission shall annually organize and divide itself into three (3) hearing panels for the purpose of hearing employee grievances. Each panel shall consist, to the extent possible, of members with one (1), two (2) and three (3) years remaining on their terms of appointment, and minority and employee members shall be distributed as evenly as possible among the panels. (b) Upon the division of the Commission into panels as provided in this section, each panel shall have the responsibility and duty to hear and render final decisions on grievances referred to such panel upon the evidence presented and developed at the hearing and upon the City's applicable personnel policy, rules and regulations in effect at the date of the grievance. A hearing panel shall have no authority to add to, subtract from or amend existing policy, rules and regulations. (c) Each panel provided for in this section shall designate one (1) of its members as panel chairman for such period of time and for such grievance hearings as such panel may determine. In the event the three (3) original members of any hearing panel are not available for a hearing, the commission chairman, or vice-chairman in his absence, shall designate a member of one (1) of the other hearing panels to fill such vacancy. 2. Division 3, Grievances, of Article IV, Personnel Manaqement and Practices, of Chapter 2, Administration, Code of the City of Roanoke (1979), as amended, is hereby repealed. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. -3- Honorable Mayor and City Council Roanoke, Virginia RECEIVED September 23, 1991 Dear Members of Council: SUBJECt: CITY OF ROANOKE GRIEVANCE PROCEDIIRE I. BACKGROUND The Code of Virqlnia, ~ 15.1-7.1, requiren that local governments establish employee Grievance Procedures. City Council has previously authorized the City Manaqel- to promulgate a Grievance Procedure which is established through Personnel Operating Procedure No. 6, last revised on October 10, 1985. Ce Durinq 1991 Session of the Viroinia General Assembly, new legislation was passed which requires that local government Grievance Procedures conform to new State standards. The most important substantive change is a requirement to increase the number of days within which an employee may file a grievance from five working days to twenty calendar days. De Consistent with City policy, changes to the Grievance Procedure must be reviewed by the Personnel and Employment Practices Commission (PEPC) in a public hearing. II. cuRRENT SITUATION City employees were notified of the proposed changea to the Grievance Procedure (Attachment I) and were invited to the Personnel and Employment Practices Commission meeting held on September 13, 1991. Be The PEPC, after reviewino the new draft Grievance Procedurn and hearin~ comments recommended approval of the new grievance procedure with minor amendments which have been incorporated into the document (Attachment II). This procedure will be adopted as a revision to Personnel Operating Procedure No. 6. The new procedure will be effective on September 30, 1991 as required by State law. Section 15.1-7.2 of the State Code reouirea that the City Manager and City Attorney certify that our new local grievance procedure is in full compliance with State law, and the City Manager and City Attorney will file the required certification. Honorable Mayor and City Council Page 2 The Code of the City of Roanoke reGuire~ changes to conform it to State law and provisions of the new grievance procedure. III. ISSUES A. LeGal reGuirements. B. Employee relations. C. TiminG. D. Training. IV. ~ECOMMENDATION City Council adopt the attached ordinanco related to Grievance Procedures prepared by the City Attorney. LeGal requirements to conform the City Code to State Code and provisions of the new grievance procedure will be met. Employee relations will be enhanced because the new procedure allows for an increase in time to file a grievance from five working days to twenty calendar days. The new grievance procedure also includes all provisions in one document for the convenience of employees. Timing relative to this action is important since the City wishes to adopt this Grievance Procedure prior to September 30, 1991. If not done by September 30, 1991, the City's current Grievance Procedure would be out of compliance with State law and the City would be required to use the State employee's Grievance Procedure until the City Grievance Procedure is in compliance with State law. Training will be conducted with managers and employees to insure that all parties are knowledgeable with respect to content of new grievance procedure. Respectfully submitted, W. Robert Herbert City Manager WRH: jh Attachments ATTACHI~ENT I CITY OF ROANOKE INTERDEPARTMENT COMMUNICATION DAT~: TO: FROM: SUBJECT: September 6, 1991 All Regular City W. Robert Herbert, City Manager New City Grievance Procedure During the 1991 Session of the Virginia General Assembly, new legislation was passed which requires that local government grievance procedures conform to State standards. As a result of this legislation, we plan to change our grievance procedure to be in compliance with the new State law. Specifically, the new procedure will allow eligible non-temporary employees to have up to twenty calendar days to initiate a grievance with their supervisor. Under the current grievance procedure, an employee has five working days (working days defined Monday through Friday excluding holidays) in which to file a grievance. As a result of this change, employees considering whether or not to seek resolution of their problem by using the City's grievance procedure will be afforded a longer time frame to make their decision. Besides this change there are no other substantive amendments to our grievance procedure which will impact the employee who wishes to file a grievance. For your information, a copy of the new draft procedure and the City's current grievance procedure are available in the Department of Personnel Management, Room 207 Municipal Building, for your review. Once the procedure is formally adopted, you will receive a copy. If you have any specific comments or questions, you are encouraged to contact Kenneth Cronin, Personnel Manager, at 2231. Since this is a change to Personnel Operating Procedure #6, it will require a public hearing before the Personnel and Employment Practices Commission. The hearing will be held on September 13, 1991 at 2:00 p.m. in Council Chambers, 4th Floor of the Municipal Building. WRH:jh ATTACHMENT II CITY OF ROANOKE GRIEVANCE PROCEDURE 1. POLICY. It is the policy of the City to encourage resolution of employee problems and complaints through open and free discussion of employee concerns with immediate supervisors and upper management levels. To the extent, however, that such concerns cannot be resolved, the Grievance Procedure shall afford an immediate and fair method for the resolution of disputes which may arise in City employment. 2. DEFINITION OF GRIEVANCe. (a) A grievance shall be a complaint or dispute by an employee relating to his or her employment, including but not necessarily limited to: (2) Disciplinary actions including dismissals, demotions and suspensions; The application of personnel cedures, rules, regulations, statutes; policies, pro- ordinances and 3) Acts of retaliation as the result of utiliza- tion of this Grievance Procedure or participa- tion in the grievance under this Grievance Procedure of another City employee; (4) Complaints of discrimination on the basis of race, color, creed, national origin, sex, age, disability or political affiliation; and (5) Acts of retaliation because the employee has com- plied with any law of the United States or of the Commonwealth, has reported any violation of such law to a governmental authority, or has sought any change in law before the Congress of the United States or the General Assembly. (b) The term "grievance" shall not be interpreted to mean negotiations of wages, salaries or fringe benefits. 3. MANAGEMENT RESPoNsIBILITIES. NONGRIEVABLE COMPLAINTS. (a) Management retains the exclusive right to manage affairs and Operation of City government. Accordingly, following Complaints are nongrlevable: (1) Establishment and revision of Wages or salaries, position classifications or general benefits; (2) Work activity accepted by the employee as a condi- tion of employment or Work activity which may reasonably be expected to be a part of the job content; (3) The contents of ordinances, statutes or established personnel policies, procedures, rUles and regula- tions; (4) Failure to promote except where the employee can Show that established promotional policies or procedures were not followed or applied fairly; (5) The methods, means and personnel by which work activities are to be carried on; (6) Termination, layoff, demotion or suspension from duties because of lack of work, reduction in work force or Job abolition except where such action affects an employee who has been reinstated within the previous six months as the result of the final determination of a grievance; (7) The hiring, transfer, assignment and retention of employees; and The relief of employees from duties in emergencies. the the (b) In any grievance brought under the exception to subsec- tion (a)(6) of this section, the action Shall be upheld on a showing by the City that there was a valid business reason for the action and the employee was notified of the reason in writing prior to the effective date of the action. 4. _COVERAGE OF PERSONN~.?.. (a) Unless otherwise provided by law, all nonprobationary, n°ntemporary full-time and part-time employees of the City shall be eligible to file grievances with the following exceptions: (1) Appointees of elected groups or individuals; (2) (3) (4) (5) (6) (7) Officials and employees who by charter or other law serve at the Will or pleasure of an appointing authority; Deputies and executive assistants to the City Manager; Directors, department heads, managerial employees having SUpervisory authority over department ma ag- ers, agency n heads and chief executive officers of governmental Operations; Employees whose terms of employment are limited by law; Temporary, limited term and seasonal employees; Law-enforcement officers as defined in Chapter 10.1 ($2.1-116.1 et seq.) of Title 2.1, Code of Virginia (1950), as amended ("State Code"), whose grievance is subject to the provisions of Chapter 10.1 of the State Code and who have elected to proceed pursuant to those pro~isions in the resolution of their grievance; and (8) Any other employee electing to proceed pursuant to any other existing procedure in the resolution of his or her grievance. (b) Employees under the Directorate of Human Resources shall be included in the City's Grievance Procedure. Constitutional Officers, employees shall not have access to the City's Grievance Procedure, unless their inclusion in the Grievance Procedure is agreed to in writing by both the Constitutional Officer and the City. (c) Subject to the provisions of subsection (a), the City Manager or his designee shall determine the officers and employees excluded from the Grievance Procedure and shall be responsible for maintaining a Current list of positions excluded from the Grievance Procedure. 5. GRIEVABILITY. (a) Decisions regarding grievability and access to Grievance Procedure shall be made by the City Manager Or designee at the request of a department head, director or the grievant within ten (10) calendar days of the request. Neither his the the City Attorney nor the Commonwealth,s Attorney shall be authorized to decide the issue of grievability. A copy of the ruling shall be 3 sent to the grievant and to the appropriate director and department head and the Manager of Personnel Management. (b) Decisions of the City Manager or his designee may be appealed to the Circuit Court for the City of ROanoke for a hearing on the iSSue of whether or not a matter is grievable. Proceedings for the review of the decision of the City Manager or his designee shall be instituted by the grievant by filing a notice of appeal with the City Manager within ten (10) Calendar days from the date of receipt of the decision and giving a copy thereof to all other parties. Within ten (10) calendar Manager or his designee shall transmit to the Clerk of the Circuit Court for the City of Roanoke a days thereafter, the City Man~ger or his designee, a copy copy of the decision of the City exhibits. A list of the evidence of the notice of appeal, and the furnished to the Court shall also be furnished to the grievant. The failure of the City Manager or his designee to transmit the record shall not prejudice the rights of the grievant. The Court, on motion of the grievant, may iSsue a writ of certiorari requiring the City Manager to transmit the record on or before a certain date. (c) Within thirty (30) calendar days of receipt of such records by the Clerk, the Court, sitting without a jury, shall hear the appeal on the record transmitted by the City Manager or his designee and such additional evidence as may be necessary to resolve any controversy as to the correctness of the record. The Court, in its discretion, may receive such Other evidence as the ends of justice require. The Court may affirm the decision of the City Manager or his designee or may reverse or modify the decision. The decision of the Court shall be rendered no later than the fifteenth day from the date of the conclusion of the hearing. The decision of the Court is final and is not appealable. 6. RIGHT TO PROCEDURF. (a) Any employee to whom this Procedure is applicable (see Section 4) who believes he or she has a grievance as defined in Section 2 and who desires to utilize this Procedure shall, within twenty (20) calendar days after the event giving rise to the grievance, request a meeting with his or her immediate SUpervisor for the purpose of informal discussion of the employee.s complaint. (b) Failure to request the informal meeting with the immediate SUpervisor within the time specified in this section shall be a bar to this Procedure. 4 7. S~EPS ~N ~'IE PROCEDURe. (a) Except as hereinafter provided in subsection (b} of this section, the Grievance Procedure shall consist of informal, initial processing of an employee.s Complaint by the immediate SUpervisor through a nonwritten discussion format as the first step and the four following formal management steps: (1) Department Manager (Step 2); (2) Director (Step 3); (3) City Manager (Step 4)~ (4) Hearing before a panel of the Per- Sonnel and Employment Practices Commission (Final Step). (b) In lieu of the four formal management steps set forth above, employees of the Department of Finance, Office of the City Attorney, Office of Municipal Auditor, Office of City Clerk, Office of Real Estate Valuation, Office of the City Manager and Constitu- tional Officers subject to the Grievance Procedure shall have as a first step in the formal Grievance Procedure a meeting with the Council-appointed or Constitutional Officer. If dissatisfied with the results of such meeting, the employee may prOceed to a hearing ~e a panel of the Personnel and Employment Practices Commis- (c) The grievant shall have the right to present relevant witnesses and evidence at each step without management reprisal. 8. STEP ! - INFORMAL MEETING WITH IMMEDIATE SUPERVISOR. i (a) The first step in the Grievance Procedure shall be an nformal, initial processing of an employee complaint by the immediate SUpervisor through a nonwritten, discussion format. At Step 1, the employee.s complaint need not be submitted or resolved in writing, and a formal hearing is not required. (b) Upon timely request by an employee who believes he or she has a grievance and who desires to · · immediate SUpervisor ~m~ ~__ . ~tlllze this Procedu . employee for i ~---, ~a,~ ~.mmediateiy hold a mee n~v~..~ uascusslon o~ ~ .... · t*..w w~un such within five (5) working days from the request for Such meeting, the - ~"~ =m~a°Yeels complaint, and immediate supervisor shall communicate, either writing, to the employee the immediate Supervisor s orally or in employee,s complaint, response to the (c) Ail employees and their immediate Supervisors are obligated to calmly and fairly discuss their differences at Step 1 which is a prerequisite to the formal Grievance Procedure. (d) If the employee is not satisfied with the results of the informal meeting with the immediate Supervisor and the employee desires to process the complaint t Procedure, the immediate suDe v~ ~~ough _the formal Grievance _ r ..... ~h~ll re=er the employee to the Department of Personnel Management for any assistance required in processing the grievance and for the required forms, which shall be prepared and distributed by the Department. 9. STEP 2 - DEPARTMENT M~NAGER STE~. (a) If the employee is not satisfied with and does not accept the Step 1 response, or if the immediate Supervisor fails to respond within the required time frame, and the employee wishes to proceed to Step 2 of this Procedure, the employee shall reduce the grievance to writing on the form provided for the purpose by the Department of Personnel Management and shall file the required form with the appropriate Department Manager or department head within five (5) working days after receipt of the immediate Supervisor.s response or the deadline for such response, whichever occurs first. (b) On the Step 2 form, the grievant shall indicate the date on which he requested the informal meeting with the immediate Supervisor in the space provided for the purpose. The grievant shall also specify on the Step 2 form the specific relief expected to be obtained through use of the Grievance Procedure. A copy of the Step 2 form shall be forwarded to the Department of Personnel Management by the Department Manager or department head. (c) The Department Manager shall meet with the grievant and render a written decision to the grievant within five (5) working days following receipt of the request. (d) The only persons who may normally be present at the Department Manager step meeting are the grievant, the Department Manager and appropriate witnesses for each side. Witnesses shall be present only while actually providing testimony. (e) A copy of the decision of the Department Manager shall be forwarded to the Department of Personnel Management by the Department Manager. 10. ~TEP 3 - DIRECTOR STEP. (a) If the grievant is not satisfied with the decision of the Department Manager, he shall file a written request for a meeting with the appropriate Director within five (5) working days following receipt of the decision of the Department Manager. A copy of the request shall be forwarded to the Department of Personnel Management by the Director. (b) The Director shall meet with the grievant and render a written decision within five (5) working days of receipt of the request. (c) The only persons who may normally be present at the Director's Step meeting are the grievant, the Director and appropriate witnesses for each side. Witnesses shall be present only while actually providing testimony. (d) A copy of the decision of the Director shall be forwarded to the Department of Personnel Management by the Director. 11. STEP 4 - CITY MAN~GFR STEP. (a) If the grievant is not satisfied with the decision of the Director, he shall file a written request for a meeting with the City Manager within five (5) working days following receipt of the decision of the Director. A copy of the request shall be forwarded to the Department of Personnel Management by the City Manager. (b) The City Manager shall meet with the grievant and render a written decision within five (5) working days following receipt of the request for the meeting. (c) The only persons who normally may be present at the City Manager step are the grievant, the City Manager, appropriate witnesses for each side (who shall be present only while providing testimony), and, at the option of the grievant, a representative of grievant's choice. If the grievant is represented by legal counsel, the City shall likewise have the option of being repre- sented by Counsel. (d) A copy of the decision of the City Manager shall be forwarded to the Department of Personnel Management. 12. FINAL STEP - PANEL W~.aRiNC' (a) If the grievant is not satisfied with the decision of the City Manager, he or she shall within five (5) working days following receipt of the decision make a written request for a hearing before a panel of the Personnel and Employment Practices Commission. The request shall be filed with the Department of Personnel Management on a form provided by the Department. (b) The grievant shall state on the form used to request a panel hearing whether he or she is represented by legal counsel and the name and address of such counsel. Should the grievant state that he or she is not represented by counsel and thereafter appear with Counsel at the hearing, the City shall be accorded a continu- ance to Obtain legal counsel. 7 (c) The grievant shall also state on the form used to request a panel hearing whether he or she prefers the hearing to be open or closed to the public. At the request of either garry, the hearing shall be private. (d) Within ten (i0) working days following receipt of such request, the Manager of Personnel Management, as staff for the Commission, shall establish a date for a hearing before a panel of the Commission for complaint, the purpose of considering the grievant.s (e) Hearing panels of the Co ~_~p. ersons headed by a chai~-~-mmlss{On shall consist of three ~v=~clon 1 basis to v*~-, i~'.'~_~. .~anels shall serve on a a · the e~,~ ~&=u=lcaule. (f) The hearing panel shall not be composed of any persons having direct involvement with the grievance being heard b the panel, or with the complaint or dispute giving rise Y grievance. Managers who are in a . to the and the following reiatdi c Pne of pervision of a ~ ~=~nue process or a n~*~-~ ~V~= ui a par=lciDant tn ~= Serving as ~a-~ - ~ =--~pan='s SpOuse a~= ~--~'=- - .... -~- late, em-l ..... . grievance, u==Orney shall serve a = - ~ ~=~__or CO-employee of such an s _ pa,el memb=r. 13. R~ULEs FOR CONDUCT OF PANEL HEARING~. (a) Panel hearings are intended to be infomual, administra- tive proceedings, not judicial proceedings with the formalities of COurt proceedings. (b) The Manager of the Department of Personnel Management shall provide the panel with copies of the grievance record prior to the hearing. At the Same time, the Manager shall provide the grievant and the administration with a list of the documents furnished to the panel. At least ten (i0) calendar days prior to the Scheduled panel hearing, the grievant and and the administration =~ ~ .... his or her att allowed acce ~"~ ~ a==orne shai .... orney (c) Documents, exhibits and lists of witnesses shall be exchanged between the grievant and administration in advance of the panel hearing. (d) The Commission and panels thereof shall conduct their procedure in accordance with the provisions of the Virginia Freedom of Information Act. 8 (e) At a private hearing, only the grievant, one representa- tive of management, legal counsel or other advisors of the parties, legal counsel to the panel, relevant witnesses, stenographer, and the Manager of the Department of Personnel Management and his staff may be present. (f) The panel may ask, at the beginning of the hearing, for opening statements from the grievant and the administration (or their respective representatives) clarifying the issues involved and summarizing the evidence to be presented. (g) Both the grievant and the respondent may call upon appropriate witnesses and be represented by legal counsel or other representatives at the panel hearing. Any expense incurred by reason of such representation shall be borne by the party on whose behalf such representative appears. Such representatives may examine, cross-examine and present evidence on behalf of the grievant or the administration before the panel. (h) The panel, with the advice of its legal counsel, shall have the authority to determine the admissibility of evidence without regard to the burden of proof or the order of presentation of evidence so long as a full and equal opportunity is afforded to all parties for the presentation of their evidence. (i) All evidence shall be presented in the presence of the panel and parties, except by mutual consent of the parties. (j) Exhibits, when offered by the grievant or the administra- tion, shall be received in evidence by the panel and, when so received, shall be marked and made a part of the record. (k) At the conclusion of presentation of evidence, the panel chairman shall specifically inquire of both the administration and the grievant, or their respective representatives, whether they have any further proofs to offer or witnesses to be heard. Upon receiving negative replies, the chairman shall declare the hearing closed, and the panel may deliberate in executive session in appropriate cases. (1) The hearing may be reopened by the panel for good cause shown on its own motion or upon application of the grievant or the administration at any time before the written decision is distrib- uted. (m) The panel shall fashion a remedy on behalf of the prevailing party which is fair, Just, reasonable and equitable to all parties; provided, however, no such remedy shall place a grievant in any better position than would have been achieved but for the wrongful act giving rise to the grievance. Panels do not have authority to formulate policies or procedures or alter existing policies or procedures. (n) Following the hearing conducted under this section, the decision of the panel shall be arriv session. The anel =-ttlng Zorth fin~-~ _~ ~hall fil,, In writinq, a J~f~rl~%d ' fef~on-based-[~forwarded Signed by a panel i;'~%rU~o i~t~h , with Signed copy to each party in interest and to the members of the Commission, not more than five (5) working days following adjourn- ment of the hearing. The panel's legal Counsel may assist in the drafting of the findings of fact and decision. A panel member who dissents from the majority decision may file a written dissenting opinion. (o) The decision of the panel shall be final and binding and shall be consistent with provisions of law and written policies and procedures. (P) Any question of whether relief granted by a panel is consistent with written policies and procedures shall be determined by the City Manager or his designee, unless the City Manager has a direct personal involvement with the event or events giving rise to the grievance, in which case the decision shall be made by the Commonwealth,s Attorney for the City of Roanoke. 14. TIME LIMITS~ COMPUTATION OF TIW.,. (a) Any time limit in the Grievance Procedure may be waived by mutual agreement at the step in question. withi~b) I~ at any step in the process a decision is not rendered the required time limit, the grievant may proceed to the next step unless the time limit has been waived by mutual agreement of the parties. If at any step in the process, the grievant shall fail to file a timely written request for a meeting or hearing at the next step in the procedure, such failure shall constitute a bar to the grievant's proceeding to the next step, and the grievance process shall be terminated. (c) The term "working days" as used herein shall mean Monday through Friday, not including City holidays or any other day on which City administrative offices are closed. (d) Whenever this Procedure requires an act to be done within a certain time after any event, that time shall be allowed in addition to the day on which the event occurred. (e) Whenever the last day fixed by this Procedure falls on a Saturday, Sunday, City holiday or an adminiStra Y other day on which City tire offices are closed, the act may be done on the next day that is not a Saturday, Sunday, City holiday or any other day on which City administrative offices are closed. 10 (f) Computation of time, whether in calendar days or working days, shall be without regard to the grievant's personal work schedule or the grievant's use of vacation leave or sick leave. 15. NONCOMPLIANCE WITH PROCEDURAL REQUIREMENTS. (a) After the initial filing of a written grievan=e, failure of either party to comply with all substantial procedural require- ments of the Grievance Procedure, including the panel hearing, without Just cause shall result in a decision in favor of the other party on any grievable issue, provided the party not in compliance fails to correct the noncompliance within five (5) working days of receipt of written notification by the other party of the compli- ance violation. Such written notification by the grievant shall be made to the City Manager. (b) The City Manager or his designee may require a clear written explanation of the basis for just cause extensions or exceptions. The City Manager or his designee shall determine compliance issues. Compliance determinations made by the City Manager shall be subject to Judicial review by filing a petition with the Circuit Court for the City of Roanoke within thirty (30) calendar days of the compliance determination. 16. ENFORCEMENT OF DECISION~. Either the City or the grievant may petition the Circuit Court for the City of Roanoke for an order requiring implementation of a decision of the Personnel and Employment Practices Commission or any panel thereof. 17. RECORDING~ TRANSCRIPT OF PANEL HEARING. The use of recording devices or a court reporter is not permitted at Steps 1, 2, 3 and 4 of the Grievance Procedure. Upon request, the Manager of the Department of Personnel Management shall cause a transcript to be made of any panel hearing, and a transcript shall be provided to either party upon request. The party requesting the transcript shall do so in writing and shall pay the expense of preparing such transcript. 18. EFFECTIVE DATE. This Grievance Procedure shall be in full force and effect on and after September 30, 1991. Any grievance initiated on or after September 30, 1991, shall be processed pursuant to this Grievance Procedure; any grievance initiated prior to September 30, 1991, shall be processed pursuant to the predecessor Grievance Procedure. 11 ~ERTIFICATE We, W. Robert Herbert, City Manager, and Wilburn C. Dibling, Jr., City Attorney, do hereby certify this Grievance Procedure, promulgated pursuant to S15.1-7.1, COde of Virginia (1950), as amended, to be in compliance with S15.1-7.2 and other mandatory provisions of the same Code. Date: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney 12 MARY F. P,~KER City Clerk CITY OF ROANOKF OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 September 25, 1991 File #5 SANDRA H. E.M~N Deputy City Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30706-92391 amending the FY91-92 budget to increase the allotment of Police Officer positions on a temporary basis. Resolution No. 30706-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa gnc. pc: Mr. Joel M. Schlangev, Director of Finance Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. M. David Hooper, Chief of Police Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd Day of September, 1991. No. 30706-92391. A RESOLUTION amending the FY91-92 budget to increase the allotment of Police Officer positions on a temporary basis. BE IT RESOLVED by the Council of the City of Roanoke that the fiscal year 1991-92 budget of the City is amended by changing, on a temporary basis, the allotment of police officers in the police department from 122 to 127. Once the manning level has reached 127 police officers, no additional police officers shall be hired until the number is reduced below 122 which shall be reestablished as the maximum allotment. ATTEST: City Clerk. RECE~ED CITY C,. Honorable Mayor and City Council Roanoke, Virginia P19 P3:12 September 23, 1991 Dear Members of Council: S~BJECT: TEMPORARY ]~J~%T.T~ OF POLICE OFFIc~K POSITIONS ae Budqet for fiscal year 1991-92 allotted 122 Police Officer positions out of a total of 244 sworn positions within the department. Be Recruitment of Police Officers has been significantly more aggressive by the City during the last nine months resulting in an increase in the number of qualified candidates. Police Academy to train new recruits has been averaging 15 candidates per session. Minimum size to be cost effective is 10 participants and the optimum is 16 participants. D. C.O.P.E. program has pressured standard manning levels. Retirement Incentive Proqram was selected by five senior members of the sworn complement of officers thus creating five vacancies. II. CUKP~NT SITUATION Police Officers hired and scheduled for next academy class to date total seven. Additionally, there are seven candidates that are near completion of the selection evaluation process. It is anticipated that at least five of these candidates will be eligible to participate in the next academy. Positions allotted in the current fiscal year budget have not been exceeded and there exists a large number of vacant positions City wide. Police Department sworn positions, employees and vacancies are: Budqeted PositioD~ Employees Vacancies Police Department (sworn) 244 242* 2 * includes the 7 mentioned as hired in A above. Honorable Mayor and City Council Page 2 III. ISSUES B. C. D. Availability of qualified candidates. Level of service. Cost. Funding. IV. ALTERNATIVES Approve the increase in allotment of Police Officer positions from 122 to 127 to maximize cost effectiveness of police academy classes. Availability of aualified candidates is taken advantaqe of by hiring while the opportunity is present. Level of service will be maintained by keeping manning levels consistently close to budgeted position strengths. Cost is $70,645 for salaries and fringe benefits. Per candidate cost of academy is more reasonable. Funding is available in current budget from lapse created by Retirement Incentive Program. Do not approve the increase in allotment of Police Officer positions. Availability of qualified applicants may not be at this level in the future therefore an oPPortunity would be missed. Level of service may be affected with lower manning level strength. Cost is not an issue, however, per candidate cost of academy is less reasonable. 4. Fundinq is not an issue. Honorable Mayor and City Council Page 3 RECO~ENDATION Approve Alternative A, increase allotment of Police officer positions from 122 to 127 to maximize effective use of academy training resources. WRH: jh Respectfully submitted, W.~Rob~ert~Herber t~ City Manager MARY F. pARKER City Clerk CITY OF ROANOKF OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 September 25, 1991 File #289-514 SANDRA H. EAKIN Deputy City Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30707-92391 amending the City's Fee Compendium to establish a fee of one hundred dollars ($100.00) for processing an application for the closing or vacating of any street or alley. Resolution No. 30707- 92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa Enc. pc: Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. John R. Marlles, Chief of Community Planning IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA lhe Z3rd Day of September, 1991. No. 30707-9Z391. A Resolution amending the City's Fee Compendium to establish a fee of one hundred dollars ($100.00) for processing an application for the closing or vacating of any street or alley. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The fee charged by the City for processing any application for the closing or vacating of any street or alley shall be one hundred dollars ($100.00). 2. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by City Council by Resolution No. 30124-62590, adopted June 25, 1990, to be effective July 1, 1990, shall be amended to reflect the new fee for processing of applications for the closing or vacating of streets or alleys. 3. Resolution No. 30124-62590 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 4. The fee established by this Resolution shall remain in effect until amended by this Council. 5. This Resolution shall be in full force and effect immediately. ATTEST: City Clerk. RECEIVED CITY CL~-FtKc OFF!CS '91 SEP18 1:58 Roanoke, Virginia September 23, 1991 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Proposed Amendment to the City's Fee Compendium Relating to the Fee Collected for Street and Alley Closure Requests I. Background: User Fee Study conducted by David M. Griffith and Associates, Ltd., in the fall of 1989, recommended that the fee for review of street and alley closure requests be increased to $300. Fee for review of street and alley closure requests ($300) was revised as part of the update of the City's Fee Compendium, adopted by City Council in 1990. Maximum fee which can be charged for review of street and alley closure requests under existing State enabling legislation is $100. Amendment to City's Fee Compendium is necessary in order to remain consistent with State law. II. Issues: A. Administration. B. Financial. C. Leqal. III. Alternatives: A. Amend Fee Compendium as recommended. Administratively, street and alley closure requests would have to be processed regardless of the fee charged. Fees would continue to be collected by the City Clerk's office. Financially, the proposed fee ($100) would offset a smaller percentage of the costs incurred by the City in processing such requests. Leqally, City Council only has the authority to increase the fee to $100 under the State enabling legislation. B. Do not amend the Fee Compendium as recommended. Administratively, the City could not continue to accept such applications under the current fee structure. Financially, the City would continue to underwrite a larger portion of the costs associated with such reviews. Leqall¥, the current fee structure would remain in violation of the State enabling legislation. IV. Recommendation: It is recommended that Alternative A, amending the Fee Compendium, be adopted. Respectfully submitted, W. Robert Herbert City Manager WRH:JRM:mpf cc: City Attorney Director of Finance Assistant City Attorney City Clerk Director of Public Works Chief, Community Planning MARY F. PARKER Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 September 19, 1991 File #514 SANDRA H. Deputy City Clerk Mr. Thomas T. Palmer Attorney P. O. Box 720 Roanoke, Virginia 24004-0720 Dear Mr. Palmer: Pursuant to a communication from the City Attorney dated August 7, .1991, I am enclosing a check in the amount of $200.00, representing a refund of a portion of the street and alley closure fee in connection with 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 permanently vacated, discontinued and closed. The overcharge was based upon erroneous information contained in the Customer Service Charge Recommendations adopted by Resolution No. 30124-62590, which attempted to establish the fee for street and alley closures at $300.00, effective July 1, 1990. However, it has been determined that such fee cannot be effective inasmuch as the Code of Virginia limits the fee to $100.00. On behalf of the City of Roanoke, I apologize for any inconvenience this may have caused you or your client. With kindest regards, I am Sincerely, Sandra H. Eakin Deputy City Clerk SHE:ra Enc. CERTIFIED MAIL pc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. John R. Marlles, Chief of Community Planning Mr. Edward R. Tucker, City Planner · MARY F. PARKER Ci~yClerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 September 19, 1991 File #514 SANDRA H. EAKIN Deputy City Clerk Mr. Richard R. Sayers Attorney P. O. Box 404 Roanoke, Virginia 24003 Dear Mr. Sayers: Pursuant to a communication from the City Attorney dated August 7, t991, I am enclosing a check in the amount of $200.00, representing a refund of a portion of the street and alley closure fee in connection with the request of Lady Bird Apparel, Inc., that a certain ten foot alley, more or less, commencing from Williamson Road and terminating at the property of the applicant which abuts the Roy L. Webber Expressway located in Sections 3 and 4, Map of Jefferson Land Company, be permanently vacated, discontinued and closed. The overcharge was based upon erroneous information contained in the Customer Service Charge Recommendations adopted by Resolution No. 30124-62590, which attempted to establish the fee for street and alley closures at $300.00, effective July 1, 1990. However, it has been determined that such fee cannot be effective inasmuch as the Code of Virginia limits the fee to $100.00. On behalf of the City of Roanoke, I apologize for any inconvenience this may have caused you or your client. With kindest regards, I am Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa gnc. CERTIFIED MAIL pc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. John R. Marlles, Chief of Community Planning Mr. Edward R. Tucker, City Planner MARY F. pARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, ~rwginia 24011 Telephone: (703)981-2541 September 19, 1991 File #514 SANDRA H. EAKIN Deputy City Clerk Mr. T. L. Plunkett, Jr. Attorney 300 Shenandoah Building Roanoke, Virginia 24011 Dear Mr. Plunkett: Pursuant to a communication from the City Attorney dated August 7, {991, I am enclosing a check in the amount of $200.00, representing a refund of a portion of the street and alley closure fee in connection with the request of First Baptist Church, that a certain ten foot alley located approximately 556.71 feet west of Third Street, S. W., and extending approximately 160 feet in a southerly direction from the southerly side of Luck Avenue, be permanently vacated, discontinued and closed. The overcharge was based upon erroneous information contained in the Customer Service Charge Recommendations adopted by Resolution No. 30124-62590, which attempted to establish the fee for street and alley closures at $300.00, effective July 1, 1990. Howeyer, it has been determined that such fee cannot be effective inasmuch as the Code of Virginia limits the fee to $100.00. On behalf of the City of Roanoke, I apologize for any inconvenience this may have caused you or your client. With kindest regards, I am Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa Eric. CERTIFIED MAIL pc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. John R. Marlles, Chief of Community Planning Mr. Edward R. Tucker, City Planner ~ F. PARKER City Clerk CITY OF ROANOKF OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 September 19, 1991 File #514 SANDRA H. EAKIN Deputy City Clerk Mr. Robert E. Glenn Attorney P. O. Box 2887 Roanoke, Virginia 24001 Dear Mr. Glenn: Pursuant to a communication from the City Attorney dated August 7, 4991, I am enclosing a check in the amount of $200.00, representing a refund of a portion of the street and alley closure fee in connection with the request of Cox Cable Roanoke, Inc., that a portion of 20th Street and Westport Avenue, S. W., be permanently vacated, discontinued and closed. The overcharge was based upon erroneous information contained in the Customer Service Charge Recommendations adopted by Resolution No. 30124-62590, which attempted to establish the fee for street and alley closures at $300.00, effective July 1, 1990. However, it has been determined that such fee cannot be effective inasmuch as the Code of Virginia limits the fee to $100.00. On behalf of the City of Roanoke, I apologize for any inconvenience this may have caused you or your client. With kindest regards, I am Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa Ene. CERTIFIED MAIL pc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. John R. Marlles, Chief of Community Planning Mr. Edward R. Tucker, City Planner M.~Y F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 September 19, 1991 File #514 KANDRA H. EAKIN Deputy City Clerk Mr. David C. Helscher Attorney 3912 Electric Road, S. W. Roanoke, Virginia 24018 Dear Mr. Helscher: Pursuant to a communication from the City Attorney dated August 7, '1991, I am enclosing a check in the amount of $200.00, representing a refund of a portion of the street and alley closure fee in connection with the request of Ms. Mary Louise Stotler, that a tract of land located on Gregory Avenue, N. E., containing 1.847 acre, identified as Officiai Tax No. 3050903, be permanently vacated, discontinued and closed. The overcharge was based upon erroneous information contained in the Customer Service Charge Recommendations adopted by Resolution No. 30124-62590, which attempted to establish the fee for street and alley closures at $300.00, effective July 1, 1990. However, it has been determined that such fee cannot be effective inasmuch as the Code of Virginia limits the fee to $100.00. On behalf of the City of Roanoke, I apologize for any inconvenience this may have caused you or your client. With kindest regards, I am Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa ERe. CERTIFIED MAIL pc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. John R. Marlles, Chief of Community Planning Mr. Edward R. Tucker, City Planner MARY F. PARKER CiW Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, '~qrg/nia 24011 Telephone: (703)981-2541 September 19, 1991 File //514 SANDRA H. EAk~N Deputy City Clerk Mr. Richard E. Viar Attorney P. O. Box 1371 Roanoke, Virginia 24007 Dear Mr. Viar: Pursuant to a communication from the City Attorney dated August 7, :1991, I am enclosing a check in the amount of $200.00, representing a refund of a portion of the street and alley closure fee in connection with the request of the Trustees of First Baptist Church, that a portion of Marshall Avenue, S. W., extending westerly approximately 750 feet from its intersection with Franklin Road to its intersection with an extension of the westerly side of Fourth Street, S. W., be permanently vacated, discontinued and closed. . The overcharge was based upon erroneous information contained in the Customer Service Charge Recommendations adopted by Resolution No. 30124-62590, which attempted to establish the fee for stree? md alley closures at $300.00, effective July 1, 1990. However, it has been determi- that such fee cannot be effective inasmuch as the Code of Virginia limits the fee 00.00. On behalf of the City of Roanoke, I al~ caused you or your client. ,~ze for any incon iance th.is may have With kindest regards, I am Sincerely, Sandra H. Eakin Deputy City Clerk SHE: ra gnc. CERTIFIED MAIL pc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. John R. Marlies, Chief of Community Planning Mr. Edward R. Tucker, City Planner CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: August 9, 1991 TO: John R. Marlles, Chief, Community Planning FROM: Wilburn C. Dibllng, Jr., City Attorney~ SUBJECT: ~n fee for Street closure I recormmend that your department advise Ms. Parker of the identity of all persons and entities who have paid $300.00 to file an application to close a Street Since the date on which the Fee Compendium recommended by the City Administration was adopted by City Council. In this way, a prompt refund of any Overcharge may be effected. In addition, I recommend that yOur department prepare a report to Council, requesting that an amendment to the Fee Compendium be enacted. Consistent with Section 15.1-364. ~ 1 of the Virginia Code, ~a~ndment should provide · ~uu.uo. ~ --- _ that the fee to be charged will be v~ uuurs~, my Office Will Work closely with yours in the drafting of the necessary ordinance. Please do not hesitate to COntact me, if you have any questions or would like to discuss this matter further. SJT:sm cc: Mary F. Parker, City Clerk CITY OF ROANOKE INTERDEPARTMENT COMMUNICATION RECEIVED CITY CLER~S OFFICE '91 I%~ -7 ~I :08 DATE: August 7, 1991 TO: Mary F. Parker, City Clerk FROM: Wilburn C. Dibling, Jr., City Attorney RE: Street Closure Application Fee Mary, in confirmation of our telephone conversation, the correct fee for a street closure application should be $100.00. As we discussed, by Resolution No. 30124~62590, City Council attempted to establish a $300.00 fee effective July 1, 1990. Such fee, however, cannot be effective since S15.1-364.1, Code of Virginia (1950) as amended, limits such fee to $100.00. Accordingly, I have recommended that those applicants erroneously charged the $300.00 fee be tendered a refund of $200.00. In the near future, a report should go forward to Council recommending amendment of the Fee Compendium to establish the street closure application fee at the $100.00 maximum permitted by State Code. Thank you for your cooperation in this matter. WCD:f cc: Joel M. Schlanger, Director of Finance William F. Clark, Director of Public Works John R. Marlles, Chief, Community Planning Steven J. Talevi, Assistant City Attorney CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING ROANOKE, VIRGINIA 24011-1595 WILBURN C. OIBLING, JR. Gary M. Bowman, Esquire Martin, Hopkins, Lemon & Edwards, P.C. P. O. Box 13366 Roanoke, Virginia 24033-3366 August 6, 1991 WILLIAM X PARSONS MARK ALLAN WILLIAMS STEVEN J. TALEVI KATHLEEN MARIE KRONAU Re: Wriqht-Creston-Rosewood Neiqhborhood Association Petition Dear Mr. Bowman: Thank you for your letter dated July 25, 1991. Please be advised that $200.00 of the $300.00 fee paid for the subject closure is being refunded. I am enclosing the warrant in the appropriate amount. The overcharge was based upon erroneous information contained in the Customer Service Charge Recommendations adopted by City Council on June 25, 1990. The City apologizes for any inconvenience caused to the' Association. I anticipate that City Council will amend the ordinance adopting the Recommendations and provide that future charges will be $100.00. Regarding your letter dated July 25, 1991, you have cited S15.1-364 as requiring the appointment of viewers. The clear language of S15.1-364 provides the City Council "may" appoint viewers. The language, by its terms, is discretionary, not mandatory. In addition, your reliance upon S15.1-448 of the Virginia Code is misplaced. That code section relates to the approval of a comprehensive plan. The comprehensive plan for Roanoke City was adopted some time ago; the hearing held before the Planning Commission on July 3, 1991, and the hearing to be held before City Council on August 12, 1991, relate solely to the closure of two streets. Finally, you state that your clients were not provided with an opportunity to be heard. The minutes of the Planning Commission state that Messrs. Snead and Gatens were the first persons to speak after the staff's report. I assume that they will be given another chance to speak at the City Council meeting. Accordingly, I urge you to advise them to use their time wisely, presenting whatever evidence they believe supports their position best and concentrating on their strongest arguments. I know that you will give them able advice in that regard. Gary M. Bowman, Esquire August 6, 1991 Page 2 I look forward to seeing you on August 12, 1991. With my kindest personal regards, I am Very truly yours, Wtlburn b Jr. Co D. , City Attorney WCDJ/SJT:sm cc: W. Robert Herbert, City Manager Mary F. Parker, City Clerk John R. Marlles, Chief, Community Planning Edward R. Tucker, City Planner MARY F. PAI~I~R City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vh'ginia 24011 Telephone: (703)981-2541 September 25, 1991 File #226-236 SANDRA H. F-AKIN Delmty City Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30708-92391 authorizing the execution of an agreement between the City and Total Action Against Poverty, providing for the loan of Community Development Block Grant funds for the purpose of acquisition of five vacant properties for rehabilitation, upon certain terms and conditions. Resolution No. 30708-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa Ene. pc: Mr. Theodore J. Edlich, III, Executive Director, Total Action Against Poverty, P. O. Box 2868, Roanoke, Virginia 24001 Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and Housing Authority, 2627 Salem Turnpike, N. W., Roanoke, Virginia 24017 Mr. Joel M. Schlanger, Director of Finance Mr. Willlam F. Clark, Director of Public Works Mr. Ronald H. Miller, Bnilding Commissioner/Zoning Administrator Mr. H. Daniel Pollock, Housing Development Coordinator Ms. Marie T. Pontius, Grants Monitoring Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, lhe 23rd Day of September. 1991. No. 30708-92391. A RESOLUTION authorizing the execution of an agreement between the City and Total Action Against Poverty, providing for the loan of Community Development Block Grant funds for the purpose of acquisition of five vacant properties for rehabilitation, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement between the City and Total Action Against Poverty (TAP), providing for the loan of $145,000.00 in Community Development Block Grant (CDBG) funds, amortized over thirty (30) years, the balance to be payable in fifteen (15) years, with interest at the rate of one percent (1%), said funds to be used for the acquisition of five (5) vacant properties for rehabilitation, subject to the terms and conditions set out in the City Manager's report to this Council dated September 23, 1991, such agreement to be in form approved by the City Attorney. ATTEST: City Clerk. RECE~\'£O CITY C~!(~ Roanoke, Virginia September 23, 1991 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Loan Agreement with Total Action Against Poverty I. Background: ae Council authorized the allocation of $145,000 of Community Development Block Grant (CDBG) funds to Total Action Against Poverty (TAP) as part of the overall CDBG program budget by Resolution No. 30508-51391 on May 13, 1991. Be These funds are for the purchase of five vacant and deteriorated structures which TAP intends to rehabilitate into 14 apartments and rent to 42-46 formerly homeless individuals. Ce SupDortive services for the 42-46 individuals will be provided by nine local service agencies including TAP, Mental Health Services, VA Medical Center, Fifth District Employment and Training Consortium, and City Social Services. A memorandum of agreement has been drafted by the participating agencies to this effect. II. Current Situation: TAP has received $500,000 from the Virginia Housing Partnership fund SHARE program toward the project. Of this money, $150,000 is a grant, and $350,000 is a 0% loan for 15 years. Be TAP has applied to HUD for reassignment of a previous award of Moderate Rehab Section 8 rent subsidy funds. Approval is expected September 30 or before. This will provide rent subsidies for each of the renters. Ce TAP also has an application pending for Low Income Housing Tax Credits. Virginia Housing Development Authority (VHDA) is expected to approve these credits this fall, which will improve the cash flow situation of project, but is not critical for its success. Options for purchase on the five vacant structures expire September 30, 1991. B. Do not authorize the City Manager to execute a loan agreement with TAP for $145,000 in CDBG funds for the acquisition of five vacant properties for rehabilitation. Community development objectives will not be addressed. Project cannot go forward without the CDBG funds for property acquisition. Cost to City would be nothing. lose approximately $1,375,000 over the next ten years. Community would in rent expenditures 3. Funding is not an issue. 4. Legal issues would not be a concern. 5. Timing would not be an issue. Recon~endation: Recommendation is for Council to concur in Alternative A WRH/MTP cc: which will authorize the City Manager to loan $145,000 in CDBG funds to TAP at 1% interest, amortized over 30 years, balance payable in 15 years, for the acquisition of five vacant properties for rehabilitation. Loan instrument to be in a form acceptable to the City Attorney, and subject to the receipt of written approval from HUD of the rent subsidy allocation. Loan will be secured by a promissory note and second deed of trust against the property. Respectfully submitted, W. Robert Herbert City Manager Director of Finance City Attorney Housing Development Coordinator Grants Monitoring Administrator Director Roanoke Redevelopment and Housing Authority Executive Director Total Action Against Poverty B:MODRESRO.RPT ~ F. p~KER City C!erk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, ~rtrginia 24011 Telephone: (703)981-2541 September 25, 1991 File #178 SANDRA H. EAKIN Deput~ Ci~' Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30709-92391 accepting an Urban Homeownership Opportunities Program allocation from the Virginia Housing Development Authority and authorizing the execution of the requisite commitment agreement. Resolution No. 30709-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa Enc. pc: Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and Housing Authority, 2627 Salem Turnpike, N. W., Roanoke, Virginia 24017 Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. H. Daniel Pollock, Housing Development Coordinator Ms. Stephanie F. Cicero, Roanoke Neighborhood Partnership Coordinator IN THE COUNCIL OF THE CITY OF ROANOKE, The 23rd Day of September, 1991. No. 30709-92391. VIRGINIA, A RESOLUTION accepting an Urban Homeownership Opportunities Program allocation from the Virginia Housing Development Authority and authorizing the execution of the requisite commitment agreement. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The offer of the Virginia Housing Development Authority for an Urban Homeownership Opportunities Program allocation in the amount of $450,000.00, to support the purchase and rehabilitation of approximately ten (10) houses, as more particularly set forth in report to this Council of the .City Manager dated September 23, 1991, is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite commitment agreement with the Virginia Housing Development Authority, in order to accept such allocation from said Department; such agreement to be approved as to form by the City Attorney. ATTEST: City Clerk. Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council; Subject: Allocation of Funds through the Urban Homeownership Opportunity Program I. Back~round Homeownership Assistance Pro,ram is a flexible pool of types of f~nan- cial or other n~i~nce, to encourage and assist homeownership in the City. The Program pool is f~nded from several difTerent sources, including State and Federal ~unds, and including CDBG funds. The City's CDBG funds allocated to the Program may be used for such pur- poses as development f~nancing, permanent mortgages, or n.~i.~ance with down payments and closing costs. Urban Homeownership Opportunity Pr%~ram (UHOP) is a new $20.5 program of the Virginia Housing Development Authority (VHDA), announced in January, 1991. In brief, the program funds provide: 1. Permanent first mortgages at 5% interest for 30 years 2. To allow families with incomes between 50 and 70~ of the area median income (e.g. up to $25,400 for a family of 3) 3. To buy their first single-family homes 4. In urban areas. City applied for $450~000 from the UHOP pr%~ram in April (Attachment A) to support the purchase and rehabilitation of approximately 10 houses. These funds are intended to be a major component of Roanoke's flexible Homeownership Aa~i~tance Program. II. Current Situation A. VHDA has notified the City that its application for the UHOP has been approved. B. Execution of an A~reement to accept the n]]ncation of f~nds from VHDA is requ3~ed ( Attachment B). A. Conmi~tency with established plans and policies, specifically: Increase homeownership opportunities 2. Neighborhood revitalization 3. Levera~in~ of financial resources September 23, 1991 Page 2 B. Cost to the City C. Arrangements for administration IV. Alternatives Ae Authorize the City Manager to execute the attached A~reement to accept the $450,000 sllocation of UHOP ~unds from VHDA, such Agreement to be approved as to form by the City Attorney. 1. Co~ncy with established plans and policies would be met, specifically: Homeownership opportunities would be increased, as approximately 10 low-income families would be tallowed to buy their ~ homes. The projected totsl house payment for a $45,000 home would range From $280 to $300. b. Neighborhood revitalization would be supported through the rehabilitation of deteriorated houses. Levera$ing of other financial resources with the City's CDBG funds would be accomp]dshed, as the CDBG funds and other components in the Homeownership Aa~i~tance Program pool has been critical in getting VHDA to commit their $450,000 to the Program pool. Cost to the City would be nothing, beyond $200,000 of CDBG funds currently allocated to the Homeownership Aa~tance Program pool. Although the $450,000 of VHDA funds are set aside for ~e in the Homeowners~ip A~mtance Program, the funds will not come directly to the City or any of its agents, and the City will have no liability for loans made by VHDA I~om the alIocation. Arrangements for administration are such that packaging of loan applications for the program will be handled by private lending agents approved by VHDA. The City's Housing Development Ol~fice and the Redevelopment and Ho~ng Authority will assist in other aspects of program administration, e.g. marketing, screening buyers, monitoring rehabilitation, etc. BJ Do not authorize the City Manaser to execute the attached Asreement to accept the $450,000 ~dlocation of UHOP ~unds ~rom VHDA, such Agreement to be approved as to form by the City Attorney. 1. Consdstency with established plans and policies would not be supported, specifically: a. Homeownership opportunities would be lost by not ~sing these attractive funds. b. Neighborhood revitalization would be hindered, as 10 deteriorating houses may be le~c unimproved. September 23, 1991 Page 3 Leveraging of other Cinancial resources would not be accomplL~hed by rejecting these funds. 2. Cost to the City would be nothing directly, except through the loas of tax revenues From improved property. 3. Arrangement for admin~tion would not be an L~sue. V · Recommendation Accept Alternative A, thereby authorizing the City Manager to execute the attached Agreement to accept the $450,000 mllmcation of UHOP fhnds ~rom VHDA, such Agreement to be approved as to form by the City Attorney. W R H:HDP:rms( C R .52.1,2,3) Attachments (2) cc: City Attorney Director of Finance Director of Public Works Build~ng Comm~oner Housing Development Coordinator Neighborhood Partnership Coordinator Executive Director, R RHA R espectf~lly sub mitted, W. Robert Herbert City Manager ATTACHMENT A URBAN HOMEOWNERSHIP OPPORTUNITY PROGRAM Allocation Application HousingSponsofsName: city of Roanoket VA Maflingaddress: Room 170, 215 Church Avenue SW Roanoke, Virginia 24011 Location (~f d~ferent from marling address): Telephone number. (703) 981-1208 Contact Person: (name&title) Dan Pollock, Houeing Development Coordinator (Note: If contact person has an address, phone number, or orga~i-~tional affiliation which is different from that of the housing sponsor, please provide that'information: Orga~iT~tionname: l-lousin~ Development Office Address: same Telephone numbe~, same ~ease a~ach additional she~ ~ necessary) 1. Project name: Homeownership Assistance Pro~ram Project Location/Address': Scattered - Please see attached explanation aV [] or Coun~l~ o~. Roanoke State Planning Dislzict Virginia Congressional District 6 Virginia Senatorial District ? Virginia House of Delegates Dtstric~ 16/17 2. Numberofunitstobeincludedintheallocation: i0 scattared single-family units *If scattered sites, (i.e. not all the proposed units are in one svbdivision) plesse list the location of each site separately. 2/$/91 -8- pnc~ or ~t ~ ~et~ ~o~ ~ Le., d~ u~ ~on f~;do~t~cefor~y~;~.l~ ~G funds will be used Co ~,,~r~ ~,,~ ~o be r~habbed with no interest accruing. 2) DHCD's ~mm~a~r~hf~ l~t~ce Pro.ram will bt used to reduce the cash ~,,y-- ~-og~ ~ ~lm~m. rm~avabl~ at low-interest over lon~ R) ~7-rty ~ ~h~m-nt over 5 to 10 years {dependin~ on locati,,n) wtl~ r~d,,.e mnnthlv ~I~I pa~ent ~y est. $25/month. 4) Conventional construction financing will allow CDBG funds to access mora houses Spo~or e~e~e ~d ~fio~: be sold. City has been active in housing programs for approx A. N~ofy~o~fion 13 years. ~ousin~ Development Office is approx. 6 years old. B. To~ n~r of new s~y ~ co~ ; ~~. las 3 years with C. ~ce~geof~UC~v~rt~a vid~ly significant rehab D. N~of~demploy~: ~ 5in ~o~ini Develo~ent Office ;M~, . E. ~g~o~ wMch ~ve ~o~d~ m~d~ of ~g to ~e s~r ~t ~ ~ ~o~t of 1~ ~ con~ ~). Faderal and Stae fundin~ varied lear to year and program to program. Sponsors organ~ational sh-dcture (1) For profit ; nonprofit Local gover~ent (2) Incorporated tn sta.te of Vir~nia? Y~ ; No . (3) Please list names, titles, and experience of sanior management:. Go Please provide a current fmanc~ ~atement (prefmmb~ audited). Please provide a bztef r~sun~/summary of your organizaUon's expeitance, purpce~, area of operation, etc Construction and/or interim financing Please describe the souzce of interim ~mancing for the units to be included Ln the allocation (e.g., source of construction financing if units are to be newly coz~structed or substantially ehabilitated; souce of acquisition financing ff units from foreclosures are to be acquired at dLscotmt and resold; etc.) URBAN HOMEOWNERSHIP OPPORTUNITY PROGP. a/~ PROGRAM APPLICATION CITY OF ROANOKE, VIRGINIA 1. Purpose: The City of Roanoke proposes to use an allocation of permanent mortgage funds from the Urban Homeownership Opportunity Program to support the purchase of approximately 10 scattered newly renovated single-family homes in the City by eligible owner-occupants. 2. Approach: The City proposes to administer the program according to two optional scenarios as follows: Scenario One: a) The City (or its agent) will identify a vacant house in need of substantial rehabilitation whose owner wishes to sell at a reasonable price. The City (or its agent) will obtain an option to buy the house, subject to finding a qualified buyer for it. b) The City and its agent will market the house, especially to residents of subsidized housing, and find a qualified buyer. c) After pre-screening by the City (or its agent), the buyer will be referred to the VHDA-approved local lending institution for packaging of the VHDA loan under the UHOP. Application for down payment assistance from the Virginia Housing Partnership Fund's Homeownership Assistance Program will be made concurrently, if needed. d) VHDA will approve the permanent financing from the UHOP and down payment assistance from the Partnership Fund, subject to the complete rehabilitation of the house. e) Upon receipt of the conditional committment of financing from VHDA and the VHPF, the City's agent will buy the house using CDBG funds and have it rehabilitated to specifications using construction financing provided by conventional lenders, probably the VHDA-approved local lender. f) During rehabilitation, the approved buyer will receive homeownership counseling. g) Upon completion and acceptance of rehabilitation by VHDA, the house will be sold to the approved homebuyer, using VHDA and VHPF financing. Front financing provided from CDBG funds and private lenders will be repaid, to be available to repeat the Program with other houses. (This approach of optioning the property, then attracting and qualifying a buyer has been or is being followed on seven houses in Roanoke's Home Purchase Assistance Program over the last year. In that Program, the City loans the buyer CDBG funds to buy the house, and the Partnership Fund makes a loan for the rehabilitation.) Page 2 Scenario Two: a) The City (or its agent) identifies a house being sold or otherwise available, e.g. through auction, including escheat, or foreclosure. b) If deemed suitable, the City's agent will buy the property using CDBG funds. From this point, the process is the same as in Scenario One, except that since the agent will already ow~ the house, there will be no option exercised. Rehabilitation is likely to be delayed until the buyer is approved by VHDA for the UHOP and VHPF financing. (This approach is riskier to the City and its agent than is the first scenario, in that the house will be bought without assurance of a buyer. Accordingly, this approach is expected to be employed only in those cases where a very attractive opportunity in found that cannot wait for marketing of the house before purchase. However, the Program will be publicized so as to attract interested buyers who may be pre- screened, even before houses are identified.) 3. Property Identification: Vacant single-family houses in need of substantial repair are common in Roanoke. This Program will target such houses, likely ranging in size from 750 sq. ft. to approximately 2000 sq. ft. Ail such houses will be detached stick-built single-family buildings. Based on the experience with the Home Purchases Assistance Program, the combined cost of buying and renovating such a house is expected to average approximately $45,000. Among the primary means to identify such available houses will be the Vacant House Catalog, containing such houses whose owners have agreed to sell. Attached is a selection of such houses from the current Catalog, which might be suitable for the Program. In addition, the Multiple Listing Service will be used to identify other houses available on the market. Currently there are 31 actively listed for $25,000 or less. In the fall of each year, the Commonwealth auctions off property determined to be abandoned. This process clears the property of any accumulated liens and clouds on the title. Generally, these properties are bought at discounted prices by investors or speculators who will either make minimal repairs to the buildings and rent them out, or will continue to neglect them. In the fall of 1991, there are 14 escheated properties with houses that are scheduled to be auctioned. It is hoped that a few of the better of these houses might be bought by the City's agent for the Program, using Scenario Two above. Page 3 Efforts will also be made, to the extent the availabi- lity of houses makes it possible, to concentrate the projects. This will be particularly t~ue in areas selected for attention under the "Neighborhood Stabilization and Enhancement Program (NSEPtion). The NSEPtion approach concentrates door-to-door enforcement of the Building Maintenance Code on vacant and rental houses in specific small, highly visible areas, and reinforces that code enforcement with funds to assist with rehabilitation. Property owners are encouraged to reinvest in their property and its maintenance. This results in significant reduction in blight and decay, reinforcement of property values, and strengthening of the real estate market in that concentrated area. Clearly there is an abundance of available houses suitable to this program. 4. Administrative Agent: Much of the work to administer the Program cannot be done efficiently by the City, due to practical difficulties in legally acquiring and selling property. Furthermore, some of the work required, e.g. rehabilitation work write-ups, cost estimating, loan packaging, etc., can be and has been performed by City personnel, but can be done more efficiently by others while the City staff concentrates on elements more appropriate to them. Accordingly, upon approval of this proposal for a funding allocation, the City will contract with one or several agencies to fulfill specific roles in the program. Among these agencies are expected to be: Roanoke Neighborhood Resources -- a 501(c)(3) subsidiary organization of the Roanoke Neighborhood Partnership, committed to neighborhood improvement projects. This will likely be the agent to take title to and sell the properties. Roanoke Redevelopment and Housing Authority -- the public housing authority, with whom the City has contracted with to administer numerous housing programs in the past. The RRHAwould be involved in marketing the program, pre-screening applicants, selecting properties, and overseeing rehabilitation work. TAP Housing Corporation -- a 501(c)(3) housing development corporation capable of buying and selling property. In conjunction with TAP, the corporation also is involved in counseling and rehabilitation activities. Page 4 Specific activities, e.g. work write-ups and in-progress ~nspections, may be contracted to the private sector, if it is determined that those activities can be performed most efficiently by doing so. Of course re~abilitation work will be performed by licensed private contractors. 5. Counseling and Education= Ail buyers of homes under the Program will be required to participate in a counseling course. This course will concentrate on the responsibilities of homeownership, budgeting requirements, and the how-to and importance of routine home maintenance and repairs. This course of training will be developed and offered cooperatively by the City, the Redevelopment and Housing Authority, TAP, the Roanoke Neighborhood Partnership, and several local banks that have participated in such courses. 6. Status of Funding: The City Administration,s proposed CDBG budget for FY ~91-~92 contains $200,000 for Homeownership Assistance. These funds could be used in a broad range of ways, including front funding for property acquisition and/or rehabilitation, down payment and closing costs assistance, or second mortgages. City Council will consider the proposed CDBG budget in May or June. The intent is to use the CDBG funds for the acquisition of houses to be repaired and sold, and possibly for some of the cash requirements for the buyers. To the extent the CDBG purchase and construction financing will be repaid upon sale and closing with the UHOP funds, the CDBG funds will be recycled for reuse. An application for the Virginia Housing Partnership Fund's Homeownership Assistance Program will be made, to seek additional funds to reduce the cash buyers need to buy. 7. Description of ApPlicant= Roanoke City has been actively involved in the broad range of housing concerns and activities since the 1970ts. During the decade of the 1980's, programs developed by or involving the City directly have provided some degree of repair to almost 1000 units. This work has ranged from cosmetic painting and minor repair to complete reconstruction. Since 1985, the responsibility for planning, program development, and much program administration for housing activities has been assigned to the Housing Development Office. Among its varied activities is enforcement of the Property Maintenance Code, publication of the Vacant House Catalog, monitoring and assistance to private sector housing developments, and design and coordination of projects accessing federal and state funds for housing. The City's highest housing priorities are= Page 5 l) fOSter homeownership~ 2) concentrate efforts and resources~ and 3) education and counseling for long-term "empowerment- and ability of citizens to use private conventional resources. theseThe approachpriorities.proposed for the UHOP is,consistent~ ' with each of ~OG 29 '91 i~:EO V~D~ Attachment VIRGINIA HOUSING DEVELOPMENT AUTHORITY URBAN HOMEOW~NERSHIP OPPORTUNITIES PROGRAM COMMITMENT AGREEMENT THIS AGREEMENT, made and entered into this 26~h day of AuRus~ . , 1991, by and between the VIRGINIA MOUSING DEVELOP- MENT AUTHORITY, a political subdivision of the Commonwealth of Virginia (hereinafter referred to as the "Authority,,) and City of Roanoke (hereinafter referre-'a' to as t~e'Sponsor"). WITNES SETH : WHEREAS, the Sponsor has applied to the Authority for mortgage loan financing for purchasers of single family dwelling homes (the "Homes") on the property described in Exhibit B attached hereto; and W~EREAS, the Authority desires to provide such mortgage financing subject to the terms and conditions set fort~ below. NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good and valuable consideration, the parties agree as follows: Reservation of Funds; Underwritin~ of Mortqaq,. Loans. Subject to the terms and conditions herein, the Authority hereby agrees to reserve funds in the amount(s) set forth in Exhibit A attached hereto to be used to provide mortgage loans under the Author- ity's Urban Homeownership Opportunities Program for persons and families of iow income who purchase the Homes from the Sponsor. The Sponsor hereby accepts such reservation. The mortgage loans to be fi- nanced with the Reserved Funds shall be originated by the Authority's Originating Agents (the "Origi- nating Agents") in accordance with the Authority,s Rules and Regulations for Single Family Mortgage Loans to Persons and Families of Low and Moderate Income (the "Rules and Regulations"). In order to be approved for financing under this Agreement, each application for a mortgage loan must satisfy and comply with all of the criteria and require- ments in the Rules and Regulations and in this Agreement. Reservation P~Fiod. Subject to the provisions hereof, the Reserved Funds will be reserved for the Sponsor until Se~em~e~ 15 , 1992; provided that if any portion of the Reserved Funds are not com- U~OP UHOP 5/91 4t mitred for mortgage loans by August 15 19 92, or are not closed and .disbursed by September 15--, 19_92, such portion of the Reserved Funds shall no longer be reserved for the Sponsor, except as the Authority may otherwise notify the Sponsor in writing. Rate of Interest and Term of Mor~aae Loan.. The interest rate(s) on the mortgage loans to be made from the Reserved F~nds will be as set forth in Exhibit A attached hereto. The term of such mort- gage loans shall be thirty (30) years. Location and Completion of Home The Homes fi- nanced from Reserved ~unds shall ~e of the type and number and shall be located as described in Exhibit B attached hereto. In the case of Homes to be constructed or rehabilitated by the Sponsor, such Homes shall be constructed or rehabilitated in accordance wi:h this Agreement, the plans and specifications (or, in the case of rehabilitation, such other descriptions of the work to be performed on the Homes as shall be acceptable to the Authori- The sales prices (as determined in accordance with the Authority,s RUles and Regulations) of the Homes shall not exceed the maximum amounts set forth in Exhibit B. Eliaibilitv of Purchas~F~. Notwithstanding any- thing to the contrary in the Rules and Regulations, all purchasers of Homes financed from Reserved Funds (a) shall not have had a present ownership interest (as defined in the Authority's Rules and Regulations) in his principal residence at any time during the three years preceding the date of execu- tion of the mortgage loan documents and (b) shall have gross incomes not in excess of the maximum amounts set forth in Exhibit A attached hereto. It is further unders=ood and agreed that in no event shall any purchaser have a gross income in excess of the limit prescribed by the Internal Revenue Code to maintain the federal tax exemption of the Authority's bonds issued to finance the mortgage loans. Reduction of Amount of Reserved Fund~. Upon thirty (30) days prior written notice to the Sponsor, the Authority may at any time and from time to time reduce the amount(s) of the Reserved Funds to extent that the Authority determines that it is unlikely that mortgage loans will be committed by Au~us: 15 , 19 92 Or closed and disbursed by Se tember 15 , ~_~92. Termination of A~ree~en= and Reservation of Fund,I. The Authority shall have the right, upon written notice to the Sponsor, to terminate this Agreement if the. S~ons~ shall have failed to deliver, or cause ~o me ~e£ivered, to the Authority within 60 days from the date hereof in form an~ s~bstance acceptable to the ~uthority all submzsszons and representations requared by the Authority, includ- ing costs and locations of the Homes and, in the case of Homes to b~ ~one~ructed or rehabilitated, the plans and specxflcatzons (or, in the case of rehabilitation, suc~ other descriptions of the work to be performed on the Homes as shall be acceptable to the Authority) and the Sponsor's certification that the Homes, when complete, will meet or exceed the minimum property standards of the U. S. Depart- ment of Housing and Urban Development. AnnounGements and Publ~cit~. The Sponsor shall coordinate in advance with the AuthorAty all an- nouncements a~? other publicity relating to the Homes or ~he fanancing pursuant hereto. 1~_~~. This Agreement constitutes the entire and final agreement between the parties with respect to the Reserved Funds and supersedes all prior negotiations. This Agreement may be amended only in writing signed by both parties. This Agreement shall be construed in accordance with the laws of =he Commonwealth of Virginia. Ail provi- sions contained herein are severable and should any provision be held invalid by a court of competent Jurisdiction the remaining provisions shall remain in full force and effe¢=. UHOP s/gl AWG 2~ ~1 1~:~ VHDA INWITNEsswHEREOF, =he par=ies hereto have executed =his Agreemen=, by their duly authorized representatives, as of the day and year firs= above writ=an. ~ey of Roano~g (Spo~sO:) Its: Da=.: ~ /~ /] f ./ ~ld ~. Ri=enour DiSc=or of Single Family UHOP 5/el $o 1. $ 450,000 EXHIBIT A Interest Rate(s) · 5.00% Household Si~ · 1 person household - $., 18,150 3 person household - $ 21.800 3 or more person household $,, 25,400 o Scattered Sites 0 City of Roanoke EXHIBIT B Prooertv DeIcriotlon Unit DeIcriDtioni and Maximum The typical unit will be: 3 bldroom, I ba~hs, 1400 sq. ft. ' $45,000 MARY F. PARKER City Clerk CITY OF ROANOKI OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke. Virginia 24011 Telephone: (703)981-2541 September 25, 1991 File #236-178 SANDRA H. ~ Deputy City Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30711-92391 authorizing the execution of a Memorandum of Understanding with the City of Roanoke Redevelopment and Housing Authority pertaining to the administration of a Rental Rehabilitation Program. Resolution No. 30711-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa Enc. Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and Housing Authority, 2627 Salem Turnpike, N. W., Roanoke, Virginia 24017 Mr. Franklin D. Kimbrough, III, Executive Director, Downtown Roanoke, Inc., 310 First Street, S. W., Roanoke, Virginia 24011 Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. H. Daniel Pollock, Housing Development Coordinator Ms. Marie T. Pontius, Grants Monitoring Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, lhe 23rd Day of September, 1991. No. 30711-92391. A RESOLUTION authorizing the execution of a Memorandum of Understanding with the City of Roanoke Redevelopment and Housing Authority pertaining to the administration of a Rental Rehabilitation Program. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite Memorandum of Understanding with the City of Roanoke Redevelopment and Housing Authority pertaining to the administration of a Rental Rehabilitation Program, as requested and described in the City Manager's report to Council dated September 23, 1991, such Memorandum of Understanding to be approved as to form by the City Attorney. ATTEST: City Clerk. MAI~ F. P~ Ci~' Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke, Vkginia 24011 Telephone: (703)981-2541 September 25, 1991 File #236-178 SANDRA H. EAKIN Deputy City Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30710-92391 accepting a Rental Rehabilitation Program Grant from the United States Department of Housing and Urban Development and authorizing the execution of the requisite grant agreement and HUD Funding Approval Form. Resolution No. 30710-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. Sincerely, Sandra H. Eakin Deputy City Clerk SHE: ra Enc. pc: Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and Housing Authority, 2627 Salem Turnpike, N. W., Roanoke, Virginia 24017 Mr. Franklin D. Kimbrough, III, Executive Director, Downtown Roanoke, Inc., 310 First Street, S. W., Roanoke, Virginia 24011 Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of PubLic Works Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. H. Daniel Pollock, Housing Development Coordinator Ms. Marie T. Pontius, Grants Monitoring Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd Day of September, 1991. No. 30710-92391. A RESOLUTION accepting a Rental Rehabilitation Program Grant from the United States Department of Housing and Urban Development and authorizing the execution of the requisite grant agreement and HUD Funding Approval Form. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The offer of a grant for Fiscal Year 1991 from the United States Department of Housing and Urban Development in the amount of $49,000.00 for rehabilitation subsidies for the City's Rental Rehabilitation Program is ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite grant agreement with the United States Department of Housing and Urban Development and HUD Funding Approval Form in order to accept such grant from the said Department; such grant agreement to be approved as to form by the City Attorney. ATTEST: City Clerk. Roanoke, V.'~?~L~ c ~~ Sept, mber 23,9'~19~~ ~ ' ~ Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Counci~ Subject: 1991 Rental Rehabilitation Program - Execution of Grant Agreement with Dept. of Housing and Urban Development (HUD); and Execution of Memorandum of Understanding with RRHA I. Backsround Rental Rehabilitation Pro~ram is a cooperative program among HUD, the City, and the Roanoke Redevelopment and Housing Authority ( R R H A ), to encourage rehabilitation of privately-ow ned rental property in targeted areas. Be HUD Pro~ram Funds pay a portion of the rehabilitation cost of substandard hoosing units, with the balance of the rehabilitation paid from other sources. Roanoke's ~llocations From HUD for the previous seven years of the Rental Rehabilitation Program totalled $867~300 for rehabilita- tion subsidies. These ml~ncations will have provided renovation to approximately 163 dwelling units in approximately 83 buildinss at a cost of approximately $2,847~ 117 (combined pub]ic~ and private funds). Previous Rental Rehabilitation Pro~rams in Roanoke have been operated to mm~.~, rehabilitation in established older residen- ~ neighborhoods. II. Current Situation Roanoke's 1991 Pro,ram ml]noation ~rom HUD is $49~000, compared to the 1990 ~l~ocation of $90,000· This is the smm]l~st cation Roanoke has ever received, due to the lower federal appropriations into the Program. This 1991 Program m~neation is ~ the last that will be received, as the federal Rental Rehabilitation Program goes out of existence as of the end of September, 1991. The new "HOME" program is intended to replace it and several other HUD housing programs. City's Pro,ram deai~n and application for the 1991 ~11ocation of $49~000 c~ll~ for the Program funds to be used specifically to ea~i~t the renovation of buildings in the downtown area for ren- tal hot~s~ng units ( Attachment A ). City's application for 1991 Prosram funds has been approved by HUD. The City must execute the Grant Agreement with HUD to accept these funds (Attachment B). September 23, 1991 Page 2 Execution of a Memorandum of Understandin~ with the RRHA is necessary to specify the arrangements between that agency and the City for implementation of the 1991 Program ( Attachment C ). A. Consdstency with establtshed plans and policies B. Impact on downtown revitalization C. Cc~t to the City D. Timing IV. Alternatives Ae Authorize the City Manager to execute the Grant Asreement with HUD, accepting the 1991 Rental Rehabilitation Program funds in the amount of $49,000 (Attachment B), and the Memorandum of Understanding with the RRHA for administration of the Program (Attachment C ), both to be approved as to form by the City Attorney. 1. Consistency with establtshed plans and policies would be achieved, including: a. The 1985 "Roanoke Vision" Comprehensive Development Plan b. The 1986 "Downtown Housing Task Force" report c. The "Design '79" and "Design '85" downtown development plans d. The 1988 report of the "Ho~z~i~g Development Strategic Plan Task Force" e Impact on downtown revitmli~ation would be positive, as converaion of 2nd and 3rd floor space for approximately 7-10 apartment units would be facilitated, demonstrating the v~ability of downtown ho-~ng development. This would be the First direct Financial support the City will have made awilmble for housing downtown. Downtown Roanoke, Inc. has also endorsed this proposed use of Program m~i~tance (Attachment D). Be Cost to the City will be nothing. The Program grant is reserved by HUD for the City, but does not actually come to the City or appear in its f~nances. No City matching funds are required. The City will benefit from higher values of rehabilitated buildings. 4. Timing is such that implementation of the Prog~rmm may begin ~tely upon execution of the documents. September 23, 1991 Page 3 Do not authorize the City Manager to execute the Grant A~reement with HUD accepting the 199~ Rental Rehabilitation Program funds and the Memorandum of Understanding with the RRHA. Direct the City Manager to rescind the application submitted. 1. Consistency with established plans and policies would depend upon the eventual use, if any, of the federal Ilmds. Impact on downtown revitalization would be negative. Conversion of 2nd and 3rd floor space for residential units may not be fe~ble without the flexibl~ ~nce that could have been provided. 3. Cost to the City would be in the form of lost tax ravenues from the upgraded buildings. e Timing i~ such that HUD should be informed without further delay of the City's dec--on to rescind the application. V . Recommendation Adopt Alternative A, thereby authorizing the City Manager to execute the Grant Agreement with HUD accepting 1991 Rental Rehabilitation Program Funds (Attachment B), and the Memorandum of Understanding with the Roanoke Redevelopment Housing Authority (Attachment C), both to be approved as to form by the City Attorney. Respectfully submitted, W. Robert Herbert City Manager W RH:HDP:rms Attachments (4) ce: City Attorney Director of Finance Director of Public Works Building Corn m~oner Housing Development Coordinator Grants Monitoring Administrator Executive Director, R RHA Executive Director, Downtown Roanoke, Inc. (RR91CR-1,2,3) ATTACHMENT A FEOERAL ASSISTANCE ~une ~0, i~ R-~-M¢-~-O020 City of Roanoke Independent City Office of the City Manager 215 Church Avenue SW H. Daniel Pollock Roanoke, Virginia 24011 Housing Development Coordinator A. ~ aw~ B. ~ Aw~ C. I~ ~ ~ ~ ~ ~ ~ (S~): .... O ~ ~ ~ (~): ~t of ~ eM U~ ~opwt ~ Re~:a~ Rehab~:aC~o~ P:og:am Renta~ Rehabilitation ~togtam - A~ocat~o~ of ~edeta~ funds :o the C~cy:o subsidize ,z ~~(~ ~t ~ta~ e~ rehabilitation of rental property to be principally occupied by low income tenants City of Roanoke, Virginia 9/1/91 ~ Sixth ~ Sixth *. ~ I 49,000 .= · c. ~m I d.~ ~1 - ~ s i00,000 '~ 149,00~ W. Robert Herbert City Manager for Local Repcoductlon Renta! Rehabilitation Pro)~ram-- 199) I. Back,round Roanoke is a city of approximately lO0,O00 citizens housed in ~,~00 dwelling units. Like most cities, Roanoke has had periods of rapid growth and of stability. The last #0 years has been a time of maturation for the City. Compared to the Roanoke metropolitan area, the City's housing stock is relatively old, more likely to be rental property, and more likely to be in need of repair. Almost two-thirds of all housing units in the City are more than 30 years old. Approximately 28% are more than 50 years old. ~'ith age comes the need for substantial repairs or renovations and more diligent preventive main- tenance. Because of the expense, many owners have deferred taking these measures, without which the houses have tended to deteriorate at an acce- lerating pace. The too frequent result of this can be seen in the figures for vacant housing units (about 3,350) and values of single-family houses (~3% are valued at less than $50,000.) The City of Roanoke and the Roanoke Redevelopment and Housing Authority have administered a variety of neighborhood revitalization programs over recent years, Most of these programs and the funds allocated to them have been targeted toward the rehabilitation of owner-occupied houses in neigh- borhoods designated as Conservation Areas or Rehabilitation Districts under Virginia law. This concentration has begun to have a significant positive effect in these neighborhoods. Past and current programs for rehabilitation of rental property have included Section 8/Moderate Rehabilitation, Substantial Rehabilitation/ Public Housing, the HUD Rental Rehabilitation Program, and the Multi-Family Rehabilitation Loan Program of the Virginia Housing Partnership Fund. These programs and activities have operated in established residential neighborhoods. However, several plans and reports prepared over the last few years for the City have advocated that housing be developed in the downtown area. These include the Design '79 and Design '85 downtown development plans, the report of the 1986 "Downtown Housing Task Force", the 1985 Roanoke Vision Comprehensive Development Plan, and the 1988 report of the "Housing -- Development Strategic Plan Task Force". A substantial part o! the reasoning for this consensual recommendation is the recognition that approximately 18,000 people work in the downtown area, many of whom are of low-moderate income. This includes retail personnel, clerks, secretaries, and entry-level office workers of all types~ munici- pal, state and federal employees, maintenance workers~ waiters and waitresses, etc. Having housing close to their places of employment would help some of these workers, without the expense of a car, as "Downtown housing provides a convenience to people in terms of walking to work, church, shopping, and hospital care that no other location in the Roanoke Roanoke Valley provides." (Downtown Housing Task Force report, p. 8) In addition, housing downro.n .s expected to have significant spin-off effects, specifically to "increase the vitality and attractiveness of downtown as a cultural, entertainment and retail center." (Roanoke Vision, p. The Rental Rehabilitation Program described herein is designed to attract and subsidize private investment for the conversion to apartments of upper levels of existing commercial buildings in the downtown Roanoke area, on terms that will allow the units to be affordable to low-moderate income tenants. I[. Program Design A. Form of Rehabilitation Subsidy The City's Rental Rehabilitation Program will supplement private funding to assist an owner of qualifying property to rehabilitate portions of a building for residential use, while receiving a fair return on investment. Financing by the Program will be flexible and will depend on the charac- teristics of the individual project. The most liberal terms considered will be: .... 1. Program funding will take no less than third mortgage position 2. Final debt including Program funding and all superior mortgages not exceed 100% of after-rehabilitation value 3. Program funding may amount to no more than 50% of rehabilitation cost, and may not exceed: S6500 for a one-bedroom unit, $7500 for a two-bedroom unit, $8500 for a three-bedroom unit .or larger Project must project at least break-even cash flow 5. Program funds will be loaned and secured by a deed of trusl~ but interest may be as low as 0% 6. Repayable loan payments may be deferred for as long as 10 years, with a balloon payment due then. 7. In exceptional cases, loans may be forgiveable. ~/ithin these contraints, the City will consider the economics of each project and will negotiate financing terms to assist the project while allowing a reasonable return to the owner on his equity. Depending on the circumstances, terms of Program funding may relate to interest rate, principal amount, amortization term, proportion of total development cost or rehabilitation cost, loan-to-value ratio, return on equity, etc. The City's purpose in the Program is to help make the pro formas attractive enough to encourage developments and to reinforce the likely success of projects in a new, untested market. Beyond that goal, however, the priori- ties of the City in determining the financing terms to be offered will include repayment of principal (security of loan), number of projects that may be assisted (amount of subsidy), rapidity of funds revolving back to the City (amortization terms), and return on investment (interest rate). B. ~atchin~ Funds Funds to finance the portion of rehabilitation not covered by Program funds may come from any source. However, it is expected that the bulk will come from conventional lenders interested in development of housml~ downtown. Downtown Roanoke, inc. is facilitating financing for this purpose and expects arrangements to be in place by the Fall of 1991. General Conditions of Eligibility 1, Each unit subsidized must be located in the downtown area designated as eligible. Each unit subsidized under the Program must be substandard according to either Section 8 Housing Quality Standards (HQS) or the City's Building Code. Each unit subsidized under the Program must be renovated to at least Section 8 HQS and be certified by the City Building Department to be safe to occupy according to the Virginia Uniform Statewide Duilding Code (USDC). Each unit must be maintained at least to Section g HQS and USBC standards for the term of the financing. ). No unit rehabilitated under the Program may be converted to a condominium or cooperative for the term of the financing. 6. There may be no discrimination against a prospective tenant specifically because of receipt of. or eligibility for housing assistance, or because of residence with a minor child, for the term of the financing. Each property owner will agree to comply with applicable require- ments for nondiscrimination and "affirmative marketing" of units rehabilitated under the Program for seven years after completion. Guidelines and procedures for property-owners have been developed jointly by the City and the Roanoke Redevelopment and Housing Authority, to insure that each owner is aware of his/her obligations in this regard. (See attachments to this Program Description. ) D. Area of Eligibilit), The downtown area eligible for inclusion in this phase of the Rental Rehabilitation Program is bounded generally by I-)81 on the east, Day Avenue on the south, )th Street S~!/ on the west and the railroad tracks on the north (map attached). This area includes almost all of the Do~vntown Service District and most of Census Tract 11. This area meets the criteria established by Federal Program regulations, as follows: Rental Rehabilitation- 199l Page 4 Median income not exceeding 80% of median income for the Roanok, area. According to the 1980 Census, the median household income in the Roanoke SMA was $16,119, of which 80% was $12,895. The median income for the City of Roanoke was $13,272. The median income of the residents in Census Tract Il, of which the target area is the bulk, was only $7,3(;6, which in fact was only 46% of the area median, and 56% of the City median. Seventy-three per cent (73%) of the households had annual incomes below SI0,000, compared to a City-wide rate of 38%. [n addition, the average salary of clerical workers downtown is estimated to be approximately $15,500. Considering the skewing effect of several large, relatively high- paying employers, e.g. Norfolk Southern, APCo, C & P Telephone, it is apparent there are many downtown workers who meet the definition of low-moderate income. Clearly the target area and its immediate vicinity is a low-income pocket of residents and workers. Rents affordable to lower income families. The lgg0 Census reports that Census Tract Il had a median gross contract rent of $137, compared to the City-wide median of $150. Little reliable informa- tion is available at this time concerning rents now received on the few housing units within the target area, but it is expected that new units produced under the Program will likely rent in the $325-$400 range, which is within current Pair Market Rents for one- and two-bedroom units. A St$00 per month rent would amount to 23% of the monthly income of a family of three at only 50% of the area median income income of $17,350. Expected rent stability. The downtown market is largely untested, with the units produced to be in competition with the surrounding residential neighborhoods. Those areas have large inventories of relatively low-cost rental units. Therefore it is expected that owners of the units to be produced under the Program will price their units to be attractive and competitive in the market. Market rental rates for standard quality units are expected to ramain generally stable and affordable for at least the next 5 years. E. Selection Criteria Generally it is expected that applications from the eligible area which meet the basic general conditions may be processed on a "first-come first-served" basis. However, in the event more applications are received than funding is available, they will be selected competitively based on a number of considerations. The lO0-point evaluation scale, outlined below, will give priority to projects involving lower income or very low tenants~ larger apartments~ efficient leveraging of other funds, strong financial projections, and handicapped accessibility. Rental Rehabilitation- 1991 Page 5 EVALUATION SCALE Factor Current Occupancy: Very low income families Lower income tenant Vacant Tenant not of lower income Score (1o) Size of Unit(s): Three bedrooms or more Two bedrooms One bedroom (IS) 3. Efficient Use of Program Funds (20) Leveraging of other funds (Program funds as percentage of total project cost) 2§% or more 26% - ~0% ~1% - 50% (10) Repayment terms Loan repayable over I0 years or less Loan with repayment deferred 5 years or longer Grant or forgiveable loan (10) Financial Feasibility and Strength (20) 10 5 0 15 lO 0 lO 0 10 Cash flow (ratio of projected net (10) operating income to total debt service payments) 1.25 or more 10 l.lO to 1.2t~ 5 1.00 to 1.09 0 e Loan to Final Value Ratio (with rehabilitation financing): 60% or less 61% - 85% 86% - 100% Location In Core Zone Elsewhere in eligible area (15) Accessibility for handicapped (10) General Desirability (Considering expected impact on surrounding area, visibility, unusually attractive return on Program funds, consistency with Program goals, etc. ) (5) (15) 10 0 15 0 100 Rental Rehabilitation- 199l Page 6 In some cases, the scoring of some factors will have to be "prorated." For example, a duplex ~vith one two-bedroom unit and one single bedroom unit would be rated 5 in the Size of units category. In addition, as the Program proposals are received and evaluated, it may be necessary to deviate somewhat from this Criteria in order to meet federal Program requirements, e.g. 70% of units to be 2-bedroom or larger. The Program design and use of the Evaluation Scale address several of the mandates of the Program, as follows: Lower income benefit: The Current Occupancy factor gives priority to units occupied by low and very low income tenants, or vacant units into ,vhich lower income tenants might locate after rehabilitation. In addition, owners making proposals for the Program will be told that units are expected to be rented to low income tenants upon completion. However, there is very limited experience with rental units in this downtown area. While it is expected that there will be ample prospective tenants of low-moderate income from the downtown employment base, it may be that some units proposed for rehabilitation will in fact be occupied by tenants not meeting the definition of low-moderate income at the time of application and rehabilitation. To provide a reasonable margin for error, the City requests reduction of the 100% lower income benefit standard of 70%. This is consistent with the terms of previous rounds of the Rental Rehabilitation Program, which were administered after consulting with various public groups. The principal association of downtown interests (Downtown Roanoke~ Inc.) supports this reduction to 70~ to allow for unforeseen contingencies. Housing for families: The Size of Unit(s) factor gives heavy priority to projects with two, three, or more bedrooms. This item too will be monitored as applications are processed, to insure that at least 70% of rehabilitation funds are used for units of 2 or more bedrooms. If it is found that smaller units are more appropriate for rehabilita- tion given the demand in this area and the characteristics of the supply of buildings, the City may ask HUD to relax this standard. Substandard units occupied by very low-income familiest All units receiving assistance under the Program must be substandard. Those currently occupied by families of very low income are afforded greater weight by the Evaluation Scale (see "Lower income benefit" above in this section). Efficient use of Program funds: The Program design is expected to leverage approximately two dollars of non-HUD funds for rehabilitation for every dollar of HUD Rental Rehabilitation subsidy. In addition, HUD Program funds probably will revolve back to the City over 10 years, for reuse for rehabilitation of rental property or other eligible purposes. The terms and flexibility of the financing package expected to be offered will be attractive to investor owners. Rental Rehabilitation- 1991 Page 7 Financial feasibility: Each part of the rehabilitation financing package provided by the Program will be secured by a deed of trust on the property. The total of all indebtedness against the property may not exceed 100% of the appraised after-rahab value. All approved projects must also show a positive cash flow with a margin for main- tenance, vacancy loss and contingencies. Priority will be given to properties with lower loan-to-value ratios and more comfortable cash flow margins, thereby showing stronger financial feasibility and greater incentive to the property owner to adhere to the terms of the Program (e.g. maintenance of the property to Section 8 standards). Each applicant will be counseled that the Program design is such that the feasibility of the rehabilitation must be based on market, unsub- sidized rents, and that if projected cash flow is not sufficient without subsidized rents, the rehabilitation may not be feasible. III. Administrative Organization and Procedures: The Rental Ret{abilitation Program will be administered by the City, prin- cipally through the Housing Development Office, and the Roanoke Redevelopment & Housing Authority, in cooperation with Downtown Roanoke, Inc. Prol~ram Publicity~ Marketing~ and Outreach: Information about the Program will be provided by the Housing Development Office, with assistance from Downtown Roanoke, Inc. and the RRHA. An initial application period will be scheduled. Receipt and Initial Screening of Applications: Loan applications received from interested owners will contain basic information about the proposal, such as the location, number and size of units'to be rehabilitated, general description and estimation of cost of repairs, current indebtedness that will remain on the property, projected rental income and expenses, characteristics of current occupants, etc. Each application received will be reviewed immediately to determine completeness and basic eligibility. Prioritization: If a surplus of applications is received such that the Evaluation Scale must be applied to select projects by priority, the Housing Development Office and RRHA will do so at this point to determine which proposals appear to be best suited to the intent and requirements of the Program. Tentative Commitment= After consultation with the Housing Development Office and Downtown Roanoke, Inc., the RRHA will notify the applicant of the tentative acceptance of the proposal, contingent on verifica- tions of information presented in the application. The RRHA inspector will conduct a rehabilitation inspection of the building and examine the work write-up and cost estimates included with the loan application, to verify that the work proposed is eligible, appropriate, and sufficient to correct Code violations cited and to bring the property to HQS~ and that the estimate of costs or contractor's bid is reasonable. Rental Rehabilitation- 1991 Page $ Negotiations: It is expected that all applicants for the Program will be seeking financing from funds arranged by Downtown Roanoke, Inc. from private lenders. The applicant will be required to provide information regarding income, debt, credit, etc. which is provided to the lender(s) for their processing. Based on this information, the Housing Development Office and the RRHA may negotiate financing terms with the applicant to insure that maximum benefit is gained from Program funds. Verifications: Based on the information contained in the application that is deemed reasonable, and supplementary information furnished by the applicant, the RRHA will issue a tentative commitment for Program funding, conditional upon verifications of information and arrangement for other financing. [t is expected that verifications obtained by the private lender(s) will suffice for these purposes, and the applicant will be asked to furnish them to the RRHA. Loan Closing: Upon documentation by the applicant that private financing has been committed, the RRHA will coordinate with the lender to close simultaneously the Program funding with the private financing. Rehabilitation and Disbursement: Arrangement for rehabilitation work to be performed primarily will be the responsibility of the applicant property owner. Periodic in-progress inspections will be made by the rehabilitation inspector, relative to compliance with the work write-up and workmanship standards, and by City buildin$ inspector(s), to assure compliance with Building Code requirements. Because Program funds will be su~..rdinated to other financing and are drawn down from HUD as construction draws are needed, Program funds will not be escrowed and will only be disbursed after ali superior financing has been disbursed. In most cases, Program funds will only be paid out upon completion of the project. IV. Post-Rehabilitation Monitoring: Property owners will be asked to submit periodic reports of the status of each project, especially concerning rents and tenants. Blank report forms will be sent by the RRHA to the owner for completion and return, in addition, on at least an annual basis, an inspector from the RRHA will perform an on-site inspection to verify that each unit is maintained in accordance with the terms of the financing package. Timetable-. The tentative timetable for the Program is as follows: Approval of Program funding First proposals received and screened First tentative commitments issued early August September late October Supplemental financing arranged) verifications received November Ren la1 Rehabilitation- 1991 Page 9 Hold first loan closings December Begin first rehabilitation 3anuary it is expected the Program subsidy funds will be committed to specified projects according to the following schedule: First Quarter (3uly-September 1991) $ 0 Second Quarter (October-December 1991) 10,000 Third Quarter (3anuary-March 1992) 20,000 Fourth Quarter (April-3une 1992) .19tO00 S#9,000 V. Certifications: A. Authority to Apply: The City is legally authorized to develop and administer housing rehabilitation and rent subsidy programs within the City, such as this Rental Rehabilitation Program. B. Public Consultation: The Rental Rehabilitation Program has been presented and discussed with representatives of business and resident organizations, public and private non-profit agencies concerned with housing issues, and organizations of rental property owners, as well as many individuals. This Program design reflects concerns, attitudes, and expectations expressed from these quarters. Also as a result of these public consultations, the City requests continued reduction of the lower income benefit standard to 70%, in order to avoid displacement of tenants in otherwise high priority projects, to provide for unexpected contingencies that cannot be foreseen in the rental property market of the target area, and to allow for unexpectedly high leveraging ratios, resulting in more units being rehabilitated. C. Nondiscrimination and Equal Opportunity: The RRHA will provide detailed guidelines to applicant owners describing their obligations for fair housing practices. These may include procedures to notify the RRHA and other community or service agencies of vacancies, posting of Equal Housing Opportunity logotype on premises, public advertisement of vacancies, etc. These require- ments will be conditions of the deed of trust for the loan from HUD funds. Evidence of compliance will be examined by the City Office of Grants Compliance at least annually. Violation of fair housing and nondiscrimination provisions will be grounds for requiring immediate payment of the Rental Rehabilitation loan as specified in the deed of trust. Rental Rehabilitation- 1991 Page 10 D. Tenant Assistance Policy: All reasonable efforts will be made to avoid involuntary displacement of current tenants due to rent increases, especially current tenants of lower income. Tenants who would have to pay more than 30% of their adjusted income for rent after rehab will be referred to the Redevelopment and Housing Authority for possible rental assistance. Tenants'who ~ould have to pay more than 50% of their income will receive high priority from the RRHA for Public Housing or Section B rental assistance. In no case will a very low income family be displaced involuntarily by a tenant not of very low income. Any current low- income tenant who is eligible for Section 8 or Housing Voucher assistance will be given preference for such assistance to stay in the renovated unit or to find adequate housing elsewhere. Each tenant in a unit to be rehabilitated under the Program will be notified of the impending rehabilitation and the effect on him/her. Any tenants in jeopardy of being displaced will be referred to the RRHA for counseling and assistance, including descriptions of alter- native housing opportunities, ways to search for suitable alternative arrangements, and tenant rights under the Federal Fair Housing law. Direct referrals to other apartments also may be made. No tenant offered decent, safe, and sanitary housing at an affordable rent (as defined in 24 CFR -il l .10(h) ( l ) will be considered to be displaced. Compliance with Applicable Regulations: Administration of the Rental Rehabilitation Program will comply with all applicable federal regulations and requirements, including but not limited to those concerning nondiscrimination and equal opportunity, as identified in 2~ CFR .fll.10(m). F. Neighborhood Preservation: Operation of the Program in the downtown area is expected to dramati- cally enhance the viability of this area as a residential community, an element not currently present to any significant degree. In addition, the presence of residents will support continued commercial and cultural vitality in the area. This in turn will reinforce the attrac- tiveness o~ residential neighborhoods surrounding the downtown target area. EQUAL OPPORT~,,~,iT¥ AND NONDISCRIMINATION POLICIES AND GUIDELINES General Policy: It is the Policy of the City of Roanoke and the Roanoke Redevelopment and Housing Authority to administer the Rental Rehabilitation Program so that individuals of similar income have similar available housing choices, regardless of race, color, religion, sex, national origin, handicap, familial status, presence of minor child, or receipt of or eligibility for housing assistance. Each property owner applying for participation in the Rental Rehabilitation Program shall agree to avoid any discrimination on the basis of race, color, religion, sex, national origin, handicap, familial status, presence of minor child, or receipt of or eligibility for housing assistance, and shall agree to market their vacant rental units in good faith to inform and attract eligible tenants from all racial, ethnic, and gender groups. A. The RRHA shall give a copy o! these Policies and Guidelines to the following: 1. Applicant property owners. 2. Current tenants of housing to be rehabilitated under the Program. 3. Social service agencies, including Total Action Against Poverty (TAP), League of Older Americans (LOA), Legal Aid Society, and Roanoke Neighborhood Alliance. ~.. General public, upon request. In addition, all advertisements, press releases, information packages, application forms, and' written communications prepared by the City or the RRHA relative to the Rental Rehabilitation Program shall include the Equal Housing Opportunity logo or statement. If the participating property owner wishes, the RRHA may reler holders of Section 8 certificates or housing vouchers to the rehabilitated pro- perty for possible occupancy. As provided in 2¢ CFR §11.10(m)(2), to the extent rent-subsidized tenants occupy Rental Rehabilitation units, other affirmative marketing procedures will not be required of the property owner. For any occupancy other than by tenants holding rental subsidy authorizations, the property owner must follow the procedures established in Section C (infra). Other than as allowed in Section B (supra), each participating property owner shall seek to attract tenants regardless of race, color, religion, sex, national origin, handicap, (amilial status, presence of minor child, or eligibility ~or housing assistance, especially those unlikely to apply without special outreach, to units vacant alter rehabilitation or that later become vacant. These marketing eflorts shall include, at a minimum, the ~ollowing: Page 2 Notification to the RRMA, TAP, and Downtown Roanoke, Inc. of any any and ail vacancies. The RRHA may notify pe0pie on the Section 8, Mousing Voucher, and public housing waiting lists of the vacancy. Posting of Equal Mousing Opportunity poster, provided by the RRHA, on vacant premises and rental offices, if existing. If qualified prospective tenants are not otherwise available, the owner shall advertise any and ail vacancies in the Roanoke Times and ~I/orld News and the Roanoke Tribune, such advertisement to include the Equal Mousing Opportunity logo or statement. Such advertisements ~vill specify that vacant units are available for, but not limited to, Section 8 tenants. Documentation: Each participating property owner shall document affir- mative marketing, such records to include the following: 1. Copieq of all advertisements, notices, and other outreach for all vacancies. 2. A Jog of all contacts with potential tenants, including race, sex, approximate age, and reasons for not accepting as tenants. 3. Quarterly reports to the RRHA, in a format provided by the RRHA, regarding the occupancy of ail assisted units and marketing activities for any vacancies· The RRHA shall keep records including the following: 1. A log of vacancies reported by owners. 2. Copies or other evidence of notices regarding the Program and vacancies sent to agencies and/or organizations by the RRHA. 3. Copies of advertisements placed by owners. ~. Records of characteristics of tenants occupying units, including race, sex, and approximate age. Assessment: The RRHA shall use the quarterly reports filed by property owners to verify compliance with affirmative marketing and Equal Mousing Opportunity requirements· In addition, the RRMA may make other periodic inspections of the property owner's records concerning tenants and marketing activities, or ask for other information about the same. Violations: Failure to comply with Equal Opportunity, Nondiscrimina- tion, or Affirmative Marketing requirements will result in a written notice from the RRHA to the property owner that specific provisions of the Deed of Trust between the two parties have been violated, defining what corrective actions, if any, are to be taken, and advising that further violations or failure to take the prescribed actions may require repayment of the Deferred Payment Loan and/or other financing provided. LMER WELLS #&W ~ HO,~PI --....1 [~::~ w ILUFF AY Grant Agreement U.S. Department of Housing att~ Urban Development O~ce of Communily Plamlir~ and Develo~omenl ATTACHMENT B This Grant Agreement Is made by and between the Department of Housing and Urban Developmenl (HUD) and (the Grantee) pursuant to the authority of Section 17 of the United Stales Housing Act of 1937 (42 USC 1437o). The Grantee's approved Program Description and the HUD regulations at 24 CFR Part 511 (as now in effect and as may be amended from time to time), which are incorporated by reference, together with the HUD Funding Approval Form 40015 and any special conditions, which are hereto attached, constitute part of this Agreement. In reliance upon and in consideration of the mutual representations and obligations hereunder, HUD and the Grantee agree as follows: 1. Sublect to the provisions of this Grant Agreement, HUD will make lhe tundlng assistance for Fieeat Year 19 specified In the altached HUD Funding Approval Form 40015 available to the Grantee upon execution of the Agreement by the parties. 2. The obligation and utilization of the funding assistance provided Is subject to the redulremen/s of the regulations and any special conditions set forth In the HUD Funding Approval Form 40015, Including the requirement for a release of funds by HUD under the Environmental Review Procedures al 24 CFR Part 58 for any activities requiring such release. 3. HUD's payment of funds under this Granl is also subject to the Grantee's compliance with HUD's electronic funds transfer and Information reporting procedures issued pursuant to 24 CFR 511.74. 4. To Ihe extent authorized by the HUD regulations at 24 CFR Part 511.3,3 and 511.82, HUD may, by Its execution of an amendment to the HUD Funding Approval Form 40015 deobllgate funds previously awarded to the grantee without the Grantee's execution of such form or other consent. Such a deobllgaflon of Rental Rehabilitation Program grant funds may also cause a recapture of a commensurate amount of Section 8 Existing Certificate or voucher contract authority. 5. The Grantee further agrees to accept responsibility tor adherence to the Agreement by subreclplent entities and property owners to which It makes funding assistance hereunder available. For. U.S. Department of Housing and UKoen Development MARY Ai~ WILSON ~o~: ~entee Title: MANAGER RICHMOND OFFICE ITitle: IDale: Instructions Ior Complellng the Funding Approval Form and Grant Agreement This form and the Grant Agreement should be filled pul in six (6) copies. One (1) copy should be held for informational purposes, one (1) copy should be sent to the RAD one (1) copy should be sent to the Regional CPO Oivision, and three (3) copies should be transmitted to the grantee for signature. The grantee should be requested to keep one (1) for its records and lo return two (2) signed original copies to the Field Office. One (1) of the signed original copies should be sent to the RAD and one (1) kept for the CPO office file. Funding Approval Form Block No. 1. Enter the Grantee's name as shown in Item 4 of Standard Form 424. 2. Enter the number shown in item 30 of Standard Form 424, and Indicate the Fiscal Year for which the funding Is to be made. (See the memorandum dated 7/10184, which establishes the system for assigning Grant numbers.) 3. Enter the Grantee's complete address as shown in Item 4 of Standard Form 424. 4. Enter the appropriate HUD Geographic Locator Code available from the Geographic Codes System Directory (See computer prlnt-out-D-Z1AAC). 5. a. Enter the month, day and year that the submission was received. b. Enter the date that the grantee is notified of funding approval. This will be the date appearing on the letter transmitting the HUD Form 40015 fo the grantee and is considered the point of obligation for accounting purposes. c. Enter the appropriate fiscal year for the source of funds involved. 6. Check the appropriate box. Check "Original Funding Approval" for the first funding approval form executed under the grant number shown In Block No. 2. This Is the Funding Approval for the formula allocation. Check "Amendment" for subsequent Funding Approval forms executed under the same grant number. Number amendments under the grant number consecutively starting with "1". Amendments may be for the purpose of reallocallng funds or for the purpose of decbllgating funds. 7. Check the appropriate box. 8. Fill out the correct fiscal year(s). In filling out this section, be sure to enter the amounts of funds previously obligated, currently being obligated or deobllgated, and the new totals under the correct fiscal year for the source of funds. For example, in Fiscal Year 1985, funds may be deobligated from a grantee's 1984 grant or additional funds may be obligated for the grantee from 1984 funds. Such obllgatlons/deobligatlons would be shown under a Fiscal Year 1984 column not under 1985. a. If this Is the funding approval form for the grantee's formula amount for the fiscal year, thi.' line will be blank. If this is a funding approval form for the purpose of reallocatlng or deobllgatlng funds, enter the amount from line d of the previous funding form. b. Enter the amount of funds now being obligated for the grantee. If this Is the funding approval form for the grantee's formula amount for this fiscal year, enter that amount. If this Is a reallocation of funds enter the amount of funds being reallocated. c. Enter the amount ot' funds being decbtigated (-) for the grantee. d. Enler the new total of funds currently obligated for the grantee. 9. Add Special conditions, If applicable. Grant Agreement 1. Fill in the name of the Grantee In the first paragraph. Fill In the appropriate Fiscal Year tn sub-paragraph 1 of the second paragraph. Funding Approval Rental Rehabilitation Program U.S. Department of Housing and Urban D~velopmont Communlb/Pla.nlng HI..00527R and ~velo~nl Under Section 17 of The United States Housing Act o~ 1937 (42 U.S.C. 1437o) i. Name of G~antee CI~ OF RO~O~ 3. Granlee's Address P.O. BOX 1220 ROANOKE, VA 24011 2. Grant No. R91-MC51-O207 4. HUD Geographic Localor Code No. 03-36-51-760 5. a) Date of HUD Receipt of Program Description6/24/91 ~. ~ Original Funding Approval ~ Amendment (No.) 7. Category of Rental Rehabtlllation Program Grant fo~ this Funcllng Action b) Date Grantee Notified of Approval c) Fiscal Year 1991 (Check Only One) a. Direct Formula Grantee ~ City over 50,000 ~ Urban County b. C~ Slam Grantee c. ~ HUD-Administered Renlal Rehabllltallon Pre, gram Small City Grantee d. ~ HUD-Administered City Grantee Amount of Rental Re~abllltallon Program (RRP) Grant FY: 1991 a. Amount of RRP funds brevlously obligated for this grantee -.. -0-- 6. Amount of RRP funds currently being obllgaled for this granlee $49,000 c. Amount of RRP funds currently being deobllgated for' this grantee "O- d. New Iotal of RRP funds now obligated fo~ this grantee $49~ 000 g, Si:mctel COF, G;;Iorts (C~ecR applicable 13ox) a. ~: Nor a!N~llcabfe b. (~ Attached For: U.S. Depaflment of Housing and Urban Development Y; · Title: .H~ HUD-40015(11 24 CFR Part 511 Attachment C MEMORANDUM OF UNDERSTANDING RENTAL REHABILITATION PROGRAM Fiscal Year 1991 ThAi Memorandum of Understanding ("Memorandum") is between the City of Roanoke ("Grantee"), and the City of Roanoke Redevelopment and Honming Authority ("RRHA"). This Memorandum sets forth the understandings of the parties con- cerning the Grantee's 199~-funded Rental Rehabilitation Program ("Program") approved by the U.S. Department of Housing and Urban Development ("HUD") pur- suant to Section 17 of the United States Housing Act of 1937 (42 USC 1437o). The Grantee has received $49,000 Crom HUD in Federal Fiscal Year 1991 for its Program to finance the rehabilitation of rental properties for the benefit of lower-income families. The Grantee and the RRHA hereby as follows: 1. The Grantee and the RRHA cooperatively will administer the Rental Rehabilitation Program in accordance with: a. Section 17 and other applicable Federal laws; and b. the regulations in 24 CFR Part 511; c. the Program description submitted to and approved by HUD. The RRHA and the City will review the proposa~ submitted for the Program to determine their eligibility, feasibility, and attractiveness. After consultation with the City Ho,~ing Development Office and Downtown Roanoke, Inc., the R RHA will Lssue a tentative financing commitment of HUD funds to the applicant contingent upon: verifications of information nec~ry to underwrite the financing, including CinaneJal statements, verifications of credit and income, etc; and detmil-d inspections of the building by the RRHA to verify that the work proposed by the applicant L~ appropriate and sufficient to repair the property to Ho~.~ing Quality Standards (HQS) and the Uniform Statewide Building Code; and that the estimates of repair costs are reasonable; and Memorandum of Understanding Page 2 Be c. the applicant obtaining or providing the balance of the funds needed for the completion of the project's rehabilitation; and d. terms of the Program ~inancing being negotiated in detail. Upon a selected applicant meeting the required conditions identified above, the RRHA shall make a loan to the owner f~om ~l]ocated HUD funds and will hold the Deed of Trust in accordance with the Program description. The total of all such loans ~rom HUD funds may not exceed $49,000 plus any additional f~nds unused from previous Rental Rehabilitation Program ~l]~cations and a~located to this purpose by the City. The RRHA shall perform inspections periodically during rehabilitation as necessary to have rehabilitation completed according to schedules established with the property owner, and to insure work performed is in accordance with the approved work write-up, Brai]ding Code requirements, and Ho~ng Quality Standards. A~er rehabilitation is complete and a property is ready to be occupied, the RRHA periodica]ly will verify continued compliance of each project with the Deed of Trust held by the RRHA on the property, including periodic reporting of occupancy, maJntenance to Ho,,~ng Quality Standards, and Fair Housing marketing procedures. The RRHA agrees to determine the eligibility and priority for rental assistance via Housing Vouchers and/or Certi~cates of any families residing in the projects approved to be rehabilitated under the Program, as required by HUD and policies of the RRHA. The time of performance for the marketing, eligibility verification, and rehabilitation inspections by the City, and making of loans by the RRHA shall be from the date of execution of this agreement until the earlier of the following: a. the available $49,000, plus any supplemental ~llncations, are exhausted; b. HUD withdraws Program funds ~rom the Grantee; or c. July 1, 1992, unless extended by the terms of a separate contract for services between the Grantee and the RRHA for a time beyond June 30, 1992. Memorandum of Understanding Page 3 The time of performance for verification of compl~nce of each project with the Deed of Trust extended as a condition of the rehabilitation subsidy shall be the ten-year term of each Deed of Trust held by the RRHA. 10. As HUD rehabilitation subsidy funds are repaid to the RRHA by owners of property receiving such funds, the RRHA will return such funds to the Grantee in such fashion as directed by the Grantee, but at least quar- terly. BY: For the Grantee: City Manager Date For the RRHA: Executive Dh~ector Date (MU91RR-1) ATTACHMENT D July 9, 1991 OFFICERS AND DIRECTORS Mr. Dan Pollock Housing Development Coordinator City of Roanoke Building Department - Room 170 215 Church Avenue SW Roanoke, Virginia 24011 Dear Dan: I am pleased to inform you that the Board of Directors of Downtown Roanoke Incorporated warmly and unanimously endorsed the proposal to target all rental rehabilitation program dollars within the downtown bouD~ries we had previously discussed. It is our understanding that th~s will be a one year end-of-program type arrangement as the rental rehabilitation program is scheduled to sunset in September of 1992. Ottr Board of Directors, our downtow~ housing sub-c~-~u~ttee, and our executive coranittee all found this targeted use of these limited federal dollars which will be available under the rental rehabilitation program for the cc~_ng year most encouraging. Please let me know if further support for this proposal is necessary - either to Bob Herbert or to City Council. Making these public sector dollars available and targeting them to a defined area of the downtown will greatly advance our plans for a private-sector low interest loan program to facilitate upper-story housing conversions in the downtown area. Thank you for your support on this item and I look forward to working with you as we implement this new public-private partnership and finally make residential living in the central business district a reality. Executive Director OOWNTOWN ROANOKE. INCORPORATED 310 FIRST STREET. S.W. · ROANOKI~ VIRGINIA24011 · (703)342-202S MARY F. PARKER City Clerk CITY OF ROANOKI OFFICE OF THE CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Vb~ginia 24011 Telephone: (703)981-2541 September 25, 1991 File #162 S~.NDRA H. F-AKIN Deputy City Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30712-92391 authorizing certain real estate options to be entered into in connection with the Home Purchase Assistance Program. Ordinance No. 30712-92391 was adopted by the Council of the City of Roanoke at a regular meeting haid on Monday, September 23, 1991. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:ra Enc. pc: Mr. & Mrs. Issac E. Bolling, 1131 - 13th Street, S. E., Roanoke, Virginia 24013 Ms. Evelyn M. Drew, 1912 Melrose Avenue, N. W., Roanoke, Virginia 24017 Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Ronaid H. Miller, Building Commissioner/Zoning Administrator Mr. H. Daniel Pollock, Housing Development Coordinator Ms. Marie T. Pontius, Grants Monitoring Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, The 23rd Day of September, 1991. No. 30712-92391. VIRGINIA, AN ORDINANCE authorizing certain real estate options to be entered into in connection with the Home Purchase Assistance Program; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager be, and he is hereby authorized, for and on behalf of the City to execute the following Real Estate Options on real estate located at: 1131 Thirteenth Street, S.E., currently owned by Issac E. Bolling and Audrey C. Bolling; and located at 1912 Melrose Avenue, N.W., currently owned by Evelyn M. Drew, as more particularly set out in and attached to the City Manager's report to Council dated September 23, 1991, a copy of which is on file in the Office of the City Clerk, upon approval of the form of the Option by the City Attorney, and upon such other terms and conditions as are provided therein. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. REC~tYEP 16 P2:39 Honorable Nayor and Nembe~ o£ Counc~'l Roanoke, V h~inis. September 23, 1991 Dear Members of Counci~ Subject: Execution of Real Estate Options at 1131 Thirteenth Street, SE, and 1912 Melrose Avenue, NW, under the Home Purchase A~r~nce Program I. Back~[round: $220~000 ~rom the Vir$in~a Department of Housing and Community Develop- ment's Sin$le Family Rehabilitation and Energy Conservation Loan Prosram~ and $240~000 in Community Development Block Grant (CDBG) funds were ~ll~cated to the Home Purchase A~i~tance Pro~ram by City Council on June 26, 1989, allowing the City to provide loans to low-moderate income households agreeing to buy and repair approximately 18-20 certain ident- ified substandard houses. The Program is administered jointly by the City and the Roanoke Redevelopment and Honking Authority ( R RHA ), as outlined in the City's current contract for services with RRHA. Real Estate Options were selected as the best way to allow the City to implement the Home Purchase A~r~nce Program. These Options define the property owner's and the City's responsibilities under the Program, establish a purchase price for the property, ~]l~w the City to access the property, and market the property for sale to qualifying low and moderate income purchasers in the Program through assignment of the Real Estate Option. This provides for a direct sale of the property from the current owner to the purchaser selected through the Program. The City will not exercise any Option and wiTr not actually purob~ase any property in the Program. Should the City be unable to find a buyer for the property, the Real Estate Option would be ~ll~wed to expire. Council previously authorized the City Manager to execute Options with individual property owners of several properties to be included in the Home Purchase Assistance Program. Tr. Current Situation: Real Estate Options have been executed by the owners of two vacant sin$1e- family homes located at 1131 Thirteenth Street, SE (Attachment A)(City assessment $23,500), and 1912 Medrose Avenue, NW (Attachment B)(City assessment $12,600). Options are offered at $23,000 for 1131 Thirteenth Street, SE and $18,000 for 1912 Melrose Avenue, NW. Honking Development staff has determined that the offered price is reasonable to ~11ow homes to be included in the Program. Council authorization to the City Manager to execute Real Estate Options (Attachments A & B) with the owners of the properties is necessary to sllow these properties to be marketed through the Program. Page 2 September 23, 1991 A. Cost to the City B. EFfect of Ho,~in$ Conditions C. Timin$ IV. Altematives: Authorize the City Manaser to execute Real Estate Options at 1131 Thirteenth Street~ SE (Attachment A) and 1912 Melrose Avenue, NW (Attachment B), to be approved as to form by the City Attorney, with the owners of these properties s~]__ected for the Home Purchase A~i~tance Program. Cost to the City would be $1.00 per Option. Under separate sub- sequent action, Council will be asked to approve assignment of the Options to quali~g purchasers under the Program and authorize loaning CDBG Funds ~ll~wing the purchase and rehabilitation of the properties to occur. EFfect on housin$ conditions will be positive as two additional home-ownership opportunities will be provided to low-moderate income households. Owner occupancy and rehabilitation of two additional vacant substandard houses will provide significant contribution toward stabilization and rejuvenation within each neighborhood. 3. Timin$ is such that prompt execution of these Options will ~llnw immediate marketing of the houses. B. Do not authorize the City Manaser to execute Real Estate Options at 1131 Thirteenth Street, SE (Attachment A) and 1912 Melrose Avenue~ NW (Attachment B), to be approved as to form by the City Attorney with the owners of these properties selected for the Home Purchase ~a~at~nce Program. 1. Cost of the City can be recognized as lost opportunity cost. e EFfect on ho,~in$ conditions will be nesative, as home ownership opportunities will not be provided to low-moderate income house- holds in the Southeast and Northwest Quadrant of the City. 3. Timin$ would not be an issue. Page 3 September 23, 1991 V. Recommendation: Adopt Alternative A, thereby authorizing the City Manager to execute Real Estate Options at 1131 Thirteenth Street, SE (Attachment A), and 1912 Me~ Avenue, NW (Attachment B), to be approved as to form by the City Attorney, with the owners of these properties selected for the Home Purchase A~tance Program. Respectfully Submitted, W. Robert Herbert City Manager W RH:BC (CR.51.1,2,3) oc: City Attorney Director of Finance Director of Public Works Building C om missioner Ho,~ing Development Coordinator Grants Monitoring Admin~rator At tacl~ment A THIS REAL ESTATE OPTION AGREEMENT (hereinafter referred to as "Option"), made this llth day of July , 1991, by and between Issac E. & Audrey C. i3olling (hereinafter referred to as "Grantor"), and the CITY OF ROANOKE, VIRGINIA (hereinafter referred to as "Grantee"). LT_N _S _S E T H: 1. GRANT OF OPTION. For and in consideration of One Dollars ($ 1.00 ), and other good and valuable consideration, the receipt and sufficiency of Which is hereby acknowledged, Grantor gives and grants to Grantee, its successors and assigns, the exclusive, assignable and irrevocable right and option to purchase the property, more particularly described in Section No. 2 of this Option, together with ali easements, rights and appurtenances attached thereto, and all improvements thereon (hereinafter referred to as "Rea] Estate"). By giving and granting this Option to Grantee, Grantor certifies that Grantor, and only Grantor, owns the Real Estate in fee simple. follows: DESCRIPTION OF REAL ESTATE. The Real Estate is described as 1131 Thirteenth Street, SE A parcel in the City of Roanoke, Virginia, City of Roanoke Official Tax No. #I22927 , consisting of approximately 0.13 acres, more particularly described on the map attached hereto, labeled Exhibit A, and incorporated by reference herein, together with all easements, rights of way, water rights, appurtenances and improvements thereto belonging, the legal description for which is Lot 23 Block 2~ The Inv Co. 3. TERM OF OPTION. This Option shall commence on the date and at the time of execution of this Option by Grantor and Grantee. This Option shal[ expire at 11:59 p.m., on ©cotober 31, 1991., unless earlier exercised or terminated by Grantee. 4. EXERCISE OF OPTION. This Option shall be deemed validly and effectively exercised if notice of the exercise hereof is either sent by certified mail to Grantor at l~18 Ninth Street SE Roanoke, Virginia 24013 or delivered in person to Grantor, on or before the expiration date and time of this Option. Notice of such exercise which is given by certified mail shall be deemed effective when depo- sited in the mai] as aforesaid. For the period that this Option is effective, neither Grantor nor Grantor's employees, agents, tenants or ,representatives shall use or alter the Rea/ Estate in a manner which would adversely affect its use by Grantee, and Grantor shall not sell, encumber, or otherwise transfer or dispose of the Real Estate to an)' other party. The exercise of this Option shall result in Grantor sel[in§ and conveying the Rea] Estate to Grantee, and Grantee purchas- in§ and accepting the Real Estate from Grantor, for the amount of the Purchase Price, subject to the terms and conditions contained in this Option. Grantee reserves for it and its successors and assigns the right to terminate this Option at any time for cause or no cause at all, either before or after the assignment of this Option. .5. FAILURE TO EXERCISE OPTION. If Grantee does not exercise this Option, Grantor shall have no rights or claims against Grantee. 6. INSURANCE. Upon execution of this Option, Grantor shall maintain general liability insurance on the real estate during the - 2 - term of this Option, or any extension of said term, in an amount of $300~000 , and shall supply Grantee with a Certificate of insurance, demonstrating that Grantee is a named insured on the policy of general liability insurance. 7. RIGHT OF ENTRY AND MARKETING OF REAL ESTATE. After the execution of this Option by Grantor and Grantee, and either before or after the exercise of this Option by Grantee, Grantee, or its agents or employees, may enter upon the Real Estate and perform ail sur- veying, engineering, soil borings, appraisals, estimates of repairs and other tests and acts deemed necessary by Grantee to satisfy Grantee that the Real Estate is suitable for the uses and purposes intended by Grantee and is suitable for the Home Purchase Assistance Program (hereinafter referred to as the "Program"). All such tests and acts shall be performed at reasonable hours and at Grantee's cost and expense. In addition, Grantee shall be entitled to publicize the Real Estate for sale, endeavor to identify a purchaser for the Real Estate, place a "For Sale" sign on the Real Estate, show the property to prospective purchasers, and take other reasonable and appropriate action deemed necessary by the Grantee to sell the Real Estate. Under no circumstances shah this section create any rights in the Grantor or impose any obligations upon the Grantee. 8. REAL ESTATE MAINTENANCE. Grantor shall maintain the Real Estate and adjoining sidewalks and walkways in a safe and attractive manner during the term of this Option, and in the event of the exer- cise of this Option, until the date of closing. - 3 - 9. RISK OF LOSS. Grantor shall bear any risk of loss of the Real Estate during the term of this Option, or, in the event of the exercise of this Option, until the date of closing. 10. ASSIGNMENT. Grantee may assign this Option by written noti- fication to Grantor. Grantor shall not assign this Option, unless approved in writing by Grantee, and Grantee's approval of such an assignment may be withheld for any reason or no reason at all If the Grantor assigns this Option, ail references in this Option to the Grantor shall apply to the assignee. If the Grantee assigns this Option, ail references in this Option to the Grantee shah apply to the assignee. In the event of an assignment by either the Grantor or the Grantee, no claim may be asserted against the assignor based upon, .arising out of, or related to this Option. Ii. PURCHASE PRICE. The purchase price for the Real Estate shall be T~vent¥-Three Thousand and NO]I00 DOLLARS ($23~000.00 ). 12. PAYMENT OF PURCHASE PRICE. The purchase price for the Real Estate shall be payable at closing. 13. CLOSING. If this Option is exercised, closing of the sale of the Real Estate shall be held within sixty (60) days of the date on which Grantor receives notice of Grantee's exercise of this Option, or as soon thereafter as may be practically possible. Closing shall be held in Room i70, Municipal Building, 215 Church Avenue, Roanoke, Virginia, or at some other location selected by the City and mutually satisfactory to the parties. At closing, Grantor shall execute, acknowled§e, and deliver to Grantee, a general warranty deed, with modern English covenants of title, in form satisfactory and acceptable to the Grantee, conveying the Real Estate to Grantee, free and clear of ail liens, tenancies, encumbrances, material defects, and exceptions, other than current taxes, and any other matters that may have been approved by Grantee in writing after examination of title. Said deed shall be prepared at Grantor's expense. Grantor shall pay grantor's tax, and all documentary, transfer, and excise taxes imposed upon that conveyance. Grantor shall execute and deliver a non-foreign affidavit to Grantee at closing in the form required by Section ~4#~ of the Internal Revenue Code; otherwise, Grantee will withhold a portion of the Purchase Price and remit the same to the Internal Revenue Services for the account o~ Grantor as required by law. Grantor also shall execute, acknowledge, and deliver any of the instruments, documents, and assurances required or requested by Grantee or a title insurance company in order to con- summate this transaction and e~fect the conveyance of the Rea! Estate to Grantee as herein provided, including, without limitation, a ven- dor's affidavit in form satisfactory and acceptable to Grantee's coun- sel. Possession o~ the Real Estate shall be delivered to Grantee at the closing, in the same condition as it now is, ordinary wear and tear only excepted, free and clear of the rights or c/aims o~ any other party. Al! warranties and representations of Grantor, and any covenants and obligations of Grantor hereunder which remain unper- formed upon closing, shal! survive the closing. 1#. GRANTEE UNABLE TO CLOSE SALE. The terms of this Option notwithstanding, should Grantee be unable or unwilling for any reason to close on the sale of the Real Estate, including being determined ineligible for the Home Purchase Assistance Program by the Virginia Housing Development Authority, after the exercise of this Option, this Option shall terminate without any liability incurred by Grantee, Grantee's assigns, successors, administrators, executors, officers, agents, employees, or any and all of Grantee's predecessors in inte- rest of this Option, if any. 13. GRANTOR UNABLE TO CLOSE SALE. If Grantor fails to close on the sale of the Real Estate for any reason, Grantor shall pay Grantee and its assigns, and all of Grantee's predecessors in inte- rest of this Option, if any, all costs incurred, including costs incurred in the arrangement of the rehabilitation and financing for the sale of the Real Estate. 16. INDEMNITY. Grantor shall indemnify and hold Grantee, its officers, agents, employees, successors, assigns, executors and administrators, and any and all of Grantee's predecessors in interest of this Option, if any, harmless from any and all claims, damages, losses, expenses, costs and attorney fees, as a result of, arising out of, or relating to the performance by Grantee under this Option. 17. TAXES. At closin§, Grantor shall be responsible for and pay ail real estate taxes upon the subject Real Estate to be pro- rated as of the Date of Closing. - 6 - 18. SUCCESSORS. The parties agree and fully understand that this Option shall be binding upon the parties, their heirs, successors, assigns, executors and administrators. 19. ENTIRE AGREEMENT. This Option contains and constitutes the entire agreement of the parties regarding the subject matter hereof, and there are no other agreements, written or oral, between the parties affecting the subject matter hereof. No amendment of this Option shah be effective unless the same is made in writing and signed by the parties hereto. 20. THIRD PARTY. This Option creates no rights in any party, except Grantor and Grantee. 21. DETERMINATIONS, FINDINGS AND CONCLUSIONS. All determina- tions, findings and conclusions made by Grantee under this Option shall be made in the sole and absolute discretion of Grantee, and Grantor shall have no rights, claims or causes of action against Grantee, its officers, agents, employees) successors, assigns, exe- cutors and administrators, and any and all of Grantee's predecessors in interest of this Option) if any, for Grantee's determinations) findings and conclusions. 22. NOTICES. Notice of exercise of this Option shall be given in the form attached as Exhibit B and in the manner set forth in this Option. All other notices, requests or other correspondence relating to this Option shall be sent by certified mail, postage prepaid, by each party to the other party hereto at the addresses specified below or at such other address as a party may by written notice give as the - 7 - address to which such future notices, requests and correspondence shall be sent hereunder: GRANTOR: Issac E. Boiling Audrey C. Bolling 1518 Ninth Street, SE Roanoke, Virginia 2t~013 GRANTEE: ~'. Robert Herbert, City Manager City of Roanoke 36t~ Municipal Building Roanoke, Virginia 2q. Ol! w/copy to: Ronald H. Miller, Building Commissioner/ Zoning Administrator, City of Roanoke Room 170, Municipal Building Roanoke, Virginia 20011 23. CONSTRUCTION. The interpretation, construction, and performance of this Option shall be governed by the laws of the Commonsvealth of Virginia. All headings of sections of this Option are inserted for convenience only, and do not form part of this Option or limit, expand, or otherwise alter the meaning of any provisions hereof. This Option shall be executed in duplicate, each of which shall be deemed to be an original. This Option shall be construed without regard to any presumption or rule requiring construction against the party causing the Option to be drafted. 2#. RECORDING. This Option shall be recorded in the land records of the Office of the Clerk of the Circuit Court of the City of Roanoke. EXECUTED and DELIVERED by Grantor and accepted by Grantee as of this llth day of Jul)' , 1991 GRANTOR: (SEAL ATTEST: GRANTEE: CITY OF ROANOKE, VIRGINIA Mary F. Parker, City Clerk By Robert Herbert, City Manager COMMONWEALTH OF VIRGINIA CITY OF ROANOKE To-wit: ) I hereby certify that the foregoing Real Estate Option Agree- , this ,/;" ~ o:~ /~.'('~'.<c: , My Commission expires: ..~'//c;/~.'/ ~ Ngtary<' Publid 1991. COMMONWEALTH OF VIRGINIA ) CIYY OF ROANOKE ) To-wit: I hereby certify that the foregoing Real Estate Option Agreement was acknowledged before me by W. ROBERT HERBERT and MARY F. PARKER, City Manager and City Clerk, respectively, of the CITY OF ROANOKE, VIRGINIA, on behalf of that municipal corporation, this __ day of , 1991. My Commission expires: Notary Public - 9 - EXERCISE OF OPTION I or we the undersigned do hereby exercise the Option dated , 1991, assigned to me or us by the City of Roanoke. This Exercise of Option is done pursuant to the Agreement of Assign- ment dated , 1991. (SEAL) (SEAL) COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I hereby certify that appeared before me and acknowledged the foregoing Exercise of Option on this__ day of , 1991. My Commission expires: Notary Public I of i EXHIBIT B B~tachment B THIS REAL ESTATE OPTION AGREEMENT (hereinafter referred to as "Option"), made this 9th day of September , 1991, by and between Evelyn M. Drew (hereinafter referred to as "Grantor"), and the CITY OF ROANOKE, VIRGINIA (hereinafter referred to as "Grantee"). WIT N ES S E TH: 1. GRANT OF OPTION. For and in consideration of One Dollars ($ 1.00 ), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor gives and grants to Grantee, its successors and assigns, the exclusive, assignable and irrevocable right and option to purchase the property, ,more particularly described in Section No. 2 of this Option, together with all easements, rights and appurtenances attached thereto, and all improvements thereon (hereinafter referred to as "Real Estate"). By giving and granting this Option to Grantee, Grantor certifies that Grantor, and only Grantor, owns the Real Estate in fee simple. follows: DESCRIPTION OF REAL ESTATE. The Real Estate is described as 1912 Melrose Avenue NW. A parcel in the City of Roanoke, Virginia, City of Roanoke Official Tax No. 2322606 , consisting of approximately 0.128 acres, more particularly described on the map attached hereto, labeled Exhibit A, and incorporated by reference herein, together with all easements, rights of way, water rights, appurtenances and improvements thereto belonging, the legal description ~or which is 13' Lot 5, & 27' Lot 6, Block 70~ Melrose. 3. TERM OF OPTION. This Option shall commence on the date and at the time of execution of this Option by Grantor and Grantee. This Option shall expire at 11:39 p.m., on December 31, 1991, unless earlier exercised or terminated by Grantee. #. EXERCISE OF OPTION. This Option shall be deemed validly and effectively exercised if notice of the exercise hereof is either sent by certified mail to Grantor at Evelyn M. Drew 3951 Forest Hill Avenue~ Woodbridge~ VA 22193 or delivered in person to Grantor, on or before the expiration date and time of this Option. Notice of such exercise which is given by certified mail shall be deemed effective when depo- sited in the mail as aforesaid. For the period that this Option is effective, neither Grantor nor Grantor's employees, agents, tenants or .representatives shall use or alter the Real Estate in a manner which would adversely affect its use by Grantee, and Grantor shall not sell, encumber, or otherwise transfer or dispose of the Real Estate to any other party. The exercise of this Option shall result in Grantor selling and conveying the Real Estate to Grantee, and Grantee purchas- ing and accepting the Real Estate from Grantor, for the amount of the Purchase Price, subject to the terms and conditions contained in this Option. Grantee reserves for it and its successors and assigns the right to terminate this Option at any time for cause or no cause at all, either before or after the assignment of this Option. 3. FAILURE TO EXERCISE OPTION. If Grantee does not exercise this Option, Grantor shall have no rights or claims against Grantee. 6. INSURANCE. Upon execution of this Option, Grantor shall maintain general liability insurance on the real estate during the - 2 - term of this Option, or any extension of said term~ in an amount of $300~000 , and shall supply Grantee with a Certificate of Insurance~ demonstrating that Grantee is a named insured on the policy of general liability insurance. 7. RIGHT OF ENTRY AND MARKETING OF REAL ESTATE. After the execution of this Option by Grantor and Grantee~ and either before or after the exercise of this Qption by Grantee~ Grantee~ or its agents or employees, may enter upon the Real Estate and perform all sur- veyin§~ engineering~ soil borings~ appraisals~ estimates of repairs and other tests and acts deemed necessary by Grantee to satisfy Grantee that the Real Estate is suitable for the uses and purposes intended by Grantee and is suitable for the Home Purchase Assistance ,Program (hereinafter referred to as the "Program"). All such tests and acts shall be performed at reasonable hours and at Grantee's cost and expense. In addition, Grantee shall be entitled to publicize the Real Estate for sale, endeavor to identify a purchaser for the Real Estate~ place a "For Sale" sign on the Real Estate~ show the property to prospective purchasers, and take other reasonable and appropriate action deemed necessary by the Grantee to sell the Real Estate. Under no circumstances shall this section create any rights in the Grantor or impose any obiigations upon the Grantee. 8. REAL ESTATE MAINTENANCE. Grantor shall maintain the Real Estate and adioining sidewalks and walkways in a safe and attractive manner during the term of this Option, and in the event of the exer- cise of this Option, until the date of closing. 9. RISK OF LOSS. Grantor shall bear any risk of loss of the Real Estate during the term of this Option, or, in the event of the exercise of this Optio% until the date of closing. 10. ASSIGNMENT. Grantee may assign this Option by written noti- fication to Grantor. Grantor shall not assign this Option~ unless approved in writing by Grantee, and Grantee's approval of such an assignment may be withheld for any reason or no reason at ail. If the Grantor assigns this Option~ all references in this Option to the Grantor shall apply to the assignee. If the Grantee assigns this Option, all references in this Option to the Grantee shall apply to the assignee. In the event of an assignment by either the Grantor or the Grantee, no claim may be asserted against the assignor based upon, arising out of~ or related to this Option. Il. PURCHASE PRICE. The purchase price for the Real Estate shall be Eighteen Thousand and NO/100 DOLLARS ($15~000.00 12. PAYMENT OF PURCHASE PRICE. The purchase price for the Real Estate shall be payable at closing. 13. CLOSING. If this Option is exercised, closing of the sale of the Real Estate shall be held within sixty (60) days of the date on which Grantor receives notice of Grantee's exercise of this Option, or as soon thereafter as may be practically possible. Closing shall be held in Room 170, Municipal Building, 215 Church Avenue, Roanoke, Virginia, or at some other location selected by the City and mutually satisfactory to the parties. At closing, Grantor shall execute, acknowledge, and deliver to Grantee, a general warranty deed, with modern English covenants of title, in form satisfactory and acceptable to the Grantee, conveying the Real Estate to Grantee, free and clear of all liens, tenancies, encumbrances, material defects, and exceptions, other than current taxes, and any other matters that may have been approved by Grantee in writing after examination of title. Said deed shall be prepared at Grantor's expense. Grantor shall pay grantor's tax, and all documentary, transfer, and excise taxes imposed upon that conveyance. Grantor shall execute and deliver a non~foreign affidavit to Grantee at closing in the form required by Section 1##5 of the Interna[ Revenue Coder otherwise, Grantee will withhold a portion of the Purchase Price and remit the same to the Internal Revenue Services for the account of Grantor as required by law. Grantor also shall execute, acknowledge, and deliver any of the instruments, documents, and assurances required or requested by Grantee or a title insurance company in order to con- summate this transaction and effect the conveyance of the Rea] Estate to Grantee as herein provided, including, without limitation, a ven- dor's affidavit in form satisfactory and acceptable to Grantee's coun- sel. Possession of the Real Estate shall be delivered to Grantee at the closing, in the same condition as it now is, ordinary wear and tear only excepted, free and clear of the rights or claims of any other party. All warranties and representations of Grantor, and any covenants and obligations of Grantor hereunder which remain unper- formed upon closing, shall survive the closing. 1#. GRANTEE UNABLE TO CLOSE SALE. The terms of this Option notwithstanding, should Grantee be unable or unwilling for any reason to close on the sale of the Real Estate, including being determined ineligible for the Home Purchase Assistance Program by the Virginia Housing Development Authority~ after the exercise of this Option, this Option shall terminate without any liability incurred by Grantee, Grantee's assigns, successors, administrators, executors~ officers, agents, employees, or any and all of Grantee's predecessors in inte- rest of this Option, if any. 15. GRANTOR UNABLE TO CLOSE SALE. If Grantor fails to close on the sale of the Real Estate for any reason, Grantor shall pay Grantee and its assigns~ and all of Grantee's predecessors in inte- rest of this Option~ if any, all costs incurred, including costs incurred in the arrangement of the rehabilitation and financing for the sale of the Real Estate. 16. INDEMNITY. Grantor shall indemnify and hold Grantee, its officers, agents, employees, successors, assigns, executors and administrators, and any and all of Grantee's predecessors in interest of this Option, if any, harmless from any and all claims, damages, losses, expenses, costs and attorney fees, as a result of, arising out of, or relating to the performance by Grantee under this Option. 17. TAXES. At closing~ Grantor shall be responsible for and pay all real estate taxes upon the subject Real Estate to be pro- rated as of the Date of Closing. - 6 - lg. SUCCESSORS. The parties agree and fully understand that this Option shah be binding upon the parties, their heirs, successors, assigns, executors and administrators. 19. ENTIRE AGREEMENT. This Option contains and constitutes the entire agreement of the parties regarding the subject matter hereof, and there are no other agreements, written or oral, between the parties affecting the subject matter hereof. No amendment of this Option shall be effective unless the same is made in writing and signed by the parties hereto. 20. THIRD PARTY. This Option creates no rights in any party, except Grantor and Grantee. 21. DETERMINATIONS~ FINDINGS AND CONCLUSIONS. All determina- tions, findings and conclusions made by Grantee under this Option shall be made in the sole and absolute discretion of Grantee, and Grantor shall have no rights, claims or causes of action against Grantee, its officers, agents, employees, successors, assigns, exe- cutors and administrators, and any and all of Grantee's predecessors in interest of this Option, if any, for Grantee's determinations, findings and conclusions. 22. NOTICES. Notice of exercise of this Option shall be given in the form attached as Exhibit B and in the manner set forth in this Option. All other notices, requests or other correspondence relating to this Option shall be sent by certified mail, postage prepaid, by each party to the other party hereto at the addresses specified below or at such other address as a party may by written notice give as the address to which such future notices, shall be sent hereunder: GRANTOR: requests and correspondence Evelyn M. Drew 3951 Forest Hill Avenue Woodbridge, VA 22193 GRANTEE: W. Robert Herbert, City Manager City of Roanoke 364 Municipal Building Roanoke, Virginia 24011 w/copy to: Ronald H. Miller, Building Commissioner/ Zoning Administrator, City of Roanoke Room 170, Municipal Building Roanoke, Virginia 2#011 23. CONSTRUCTION. The interpretation, construction, and performance of this Option shall be governed by the laws oi the Commonwealth of Virginia. All headings of sections of this Option ,are inserted for convenience only, and do not form part of this Option or limit, expand, or otherwise alter the meaning of any provisions hereof. This Option shall be executed in duplicate, each of which shall be deemed to be an original. This Option shall be construed without regard to any presumption or rule requiring construction against the party causing the Option to be drafted. 2#. RECORDING. This Option shall be recorded in the land records of the Office of the Clerk of the Circuit Court of the City of Roanoke. EXECUTED and DELIVERED by Grantor and accepted by Grantee as of this 9th day of September , 1991 . GRANTOR: ? J / ./'--(SEAL) (SEAL) - 8 - ATTEST: Mary F. Parker, City Clerk GRANTEE: CITY OF ROANOKE, VIRGINIA By. W. Robert Herbert, City Manager COMMONWEALTH OF VIRGINIA ) CITY OF ROANOKE ) To-wit: I hereby certify that the foregoing Real Estate Option Agreement was acknowledged before me by W. ROBERT HERBERT and MARY F. PARKER, City Manager and City Clerk, respectively, of the CITY OF ROANOKE, VIRGINIA, on behalf of that municipal corporation, this __ day of ., 1991. My Commission expires: Notary Pubic I , 1991, assigned to me or This Exercise ot Option is done pursuant merit dated , 19__. EXERCISE OF OPTION or we the undersigned do hereby exercise the Option dated us by the City ot Roanoke. to the Agreement of Assign- (SEAL) (SEAL) CCMVONWEALTH Off VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I hereby certify that appeared before me and acknowledged the foregoing Exercise on this day of , 19__. My Commission expires: Option Notary Public I of I EXHIBIT B MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 September 25, 1991 File #28-27-207-60 SAND[~ H. EAI~N Deputy City Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30715-92391 providing for the acquisition of real estate needed by the City for the construction of the Statesman Industrial Park Stormwater Management Project; authorizing you to fix to a certain limit the consideration to be offered by the City for such parcels; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and directing the mailing of this ordinance to the property owners. Ordinance No. 30715-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. SHE:fa Enc. pc: Sincerely, Sandra H. EalOn Deputy City Clerk Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. Barry L. Key, Manager, Office of Management and Budget MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V'wginia 24011 Telephone: (703)981-2541 September 25, 1991 File #28-27-207-60 SANDRA H. F. AKIN Deputy City Clerk Mr. James F. Douthat P. O. Box 720 Roanoke, Virginia 24004 Dear Mr. Douthat: I am enclosing copy of Ordinance No. 30715-92391 providing for the acquisition of real estate needed by the City for the construction of the Statesman Industrial Park Stormwater Management Project; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for such parcels; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and directing the mailing of this ordinance to the property owners. Ordinance No. 30715-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. SHE:fa Sincerely, Sandra H. Eakin Deputy City Clerk Eric o MAI~ F. P~ City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke, Iru-ginia 24011 Telephone: (703)981-2541 September 25, 1991 File #28-27-207-60 SANDI~, Il. EAKIN Deputy City Clerk Mr. & Mrs. John W. Inge, III 1568 Granby Street, N. E. Roanoke, Virginia 24012 Dear Mr. & Mrs. Inge: I am enclosing copy of Ordinance No. 30715-92391 providing for the acquisition of real estate needed by the City for the construction of the Statesman Industrial Park Stormwater Management Project; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for such parcels; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and directing the mailing of this ordinance to the property owners. Ordinance No. 30715-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. SHE:fa Sincerely, Sandra H. Eakin Deputy City Clerk Enc. MARY F. PARKER City Clerk CITY OF ROANOKI OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vh'ginia 24011 Telephone: (703)981-2541 September 25, 1991 File #28-27-207-60 SANDRA H. F. AKIN Deputy City Clerk Mr. Russell L. Short 1616 Granby Street, N. E. Roanoke, Virginia 24012 Dear Mr. Short: I am enclosing copy of Ordinance No. 30715-92391 providing for the acquisition of real estate needed by the City for the construction of the Statesman Industrial Park Stormwater Management Project; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for such parcels; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and directing the mailing of this ordinance to the property owners. Ordinance No. 30715-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. SHE: ra Sincerely, Sandra H. EaFAn Deputy City Clerk Enc. MARY F. PARKER City Clerk CITY OF ROANOI OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V'wginia 24011 Telephone: (703)981.2541 September 25, 1991 File #28-27-207-60 SA.NDR3. H. EAKIN Deputy CityClerk Mr. & Mrs. Wallace A. Reed 2842 Orange Avenue, N. E. Roanoke, Virginia 24012 Dear Mr. & Mrs. Reed: I am enclosing copy of Ordinance No. 30715-92391 providing for the acquisition of real estate needed by the City for the construction of the Statesman Industrial Park Stormwater Management Project; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for such parcels; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and directing the mailing of this ordinance to the property owners. Ordinance No. 30715-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. SHE:fa Sincerely, Sandre H. Eakin Deputy City Clerk Eno. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 September 25, 1991 File #28-27-207-60 SANDRA H. EAKIN Deputy City Clerk Old Dominion Auto Salvage, Inc. 2948 Orange Avenue, N. E. Roanoke, Virginia 24012 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 30715-92391 providing for the acquisition of real estate needed by the City for the construction of the Statesman Industrial Park Stormwater Management Project; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for such parcels; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and directing the mailing of this ordinance to the property owners. Ordinance No. 30715-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. SHE:fa Sincerely, Sandra H. Eakin / Deputy City Clerk Eno. MARY F. P.a. RKER Cit~ Clerk CITY OF ROANOKR OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 September 25, 1991 File #28-27-207-60 SANDRA H. F. AKIN Deputy Ci~ Clerk Ms. Joyce B. Higgs 2731 Daieton Road, N. E. Roanoke, Virginia 24012 Dear Ms. Higgs: I am enclosing copy of Ordinance No. 30715-92391 providing for the acquisition of real estate needed by the City for the construction of the Statesman Industrial Park Stormwater Management Project; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for such parcels; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and directing the mailing of this ordinance to the property owners. Ordinance No. 30715-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. SHE:fa Sincerely, Sandra H. Eakin Deputy City Clerk Eric. IN THE COUNCIL OF THE CITY OF ROANOKE, The 23rd Day of September, 1991. No. 30715-92391. VIRGINIA, AN ORDINANCE providing for the acquisition of real estate needed by the City for the construction of the Statesman Industrial Park Stormwater Management Project; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for such parcels; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the construction of the Statesman Industrial Park Stormwater Management Project, the City wants and needs the 6 parcels consisting of a fee tract for a Detention Basin, and public utility, access, storm drain, water, sanitary sewer and temporary construction easements, and a tract for street right of way, as more particularly listed in the report of the City Manager on this subject, dated September 23, 1991, on file in the Office of the City Clerk. The proper City officials are authorized to acquire for the City from the respective owners the necessary real estate with appropriate ancillary rights with respect to the 6 parcels, for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to applicable statutory guidelines. 2. The City Manager is directed to offer on behalf of the City to the owners of each of the aforesaid interests in land such consideration as he deems appropriate; provided, however, the total consideration offered or expended shall not exceed $150,000.00 without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the respective considerations to the owners of the interest conveyed, certified by the City Attorney to be entitled to the same. 3. Should the City be unable to agree with the owner of any real estate to be acquired or should any owner be a person under a disability and lacking capacity to convey real estate or should the whereabouts of the owner be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate real estate. 4. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for entry of an order, pursuant to S25-46.8, Code of Virginia (1950), as amended, granting to the City a right of entry for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to draw and pay into court the sums offered to the respective owners. 5. The City Clerk is directed to mail a copy of this ordinance to each affected property owner. 6. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. MARY F. PARI(ER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 September 25, 1991 File #60-28-27-207 SANDRA H. EAKIN Deputy City Clerk Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30714-92391 amending and reordaining certain sections of the 1991-92 Capital Fund Appropriations, providing for transfer of $150,000.00 from the Public Improvement Bonds - Series 1990A, to Statesman Industrial Park Storm Drain, in connection with acquisition of the necessary property and easements for construction of stormwater management facilities for Statesman Industrial Park. Ordinance No. 30714-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa Eric. 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. Barry L. Key, Manager, Office of Management and Budget ~N THE COUNCIL OF THE CITY OF ROANOKE~ The 23rd Day of September, 1991. 1991-92 emergency. WHEREAS, Government of the exist. No. 30714-92391. Roanoke VIRGINIA AN ORDINANCE to amend and reordain certain sections of the Capital Fund Appropriations, and providing for an for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of that certain sections of the 1991-92 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A o riations Sanitation Statesman Industrial Park Storm Drain Capital Improvement Reserve Public Improvement Bonds Series 1990A (1) ......... (2) ......... 1) Approp. from Bonds (008-052-9656-9001) $ 150,000 2) Storm Drains (008-052-9700-9176) (150,000) $ 6,425,678 460,000 (7,755,992) (2,475,667) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. RECE~V£O Honorable Mayor and Members of Ci~ C~iq Roanoke, Virginia Dear Members of Council: Subject: Statesman Industrial Park Stormwater Management Project P 2:30 Roanoke, Virginia September 23, 1991 I. Background: Ae City Council, at its regular meeting of July 22, 1990, authorized an engineering services contract with Mattern & Craig, Inc. to prepare plans, specifications, and other construction related documents for stormwater management facilities for Statesman Industrial Park. Design and construction documents are complete for Phase I of the work, consisting of a detention basin to be located off Daleton Boulevard, N.E. on privately owned land identified by Tax Number 7130123. Five (5) other properties are affected (see Attachment A). II. Current Situation: Project schedule calls for property and easement acquisition to begin; therefore, appraisals have been prepared and nego- tiations with property owners are underway. Funding needs for appraisals, title searches, and property and easement acquisitions at fair market value is estimated to be $150,000.00. III. Issues in order of importance: IV. A. Project schedule B. Funding Alternatives: A. Authorize the acquisition of the necessary property and ease- ments by providing for the expenditure of funds for those parcels which must be purchased at the appraised fair market value, and provide for the City Attorney to have the authority to institute condemnation proceedings, as necessary for the subject property (see Attachment "A"). 1. Project schedule will be maintained. 2. Funding is available in Public Improvement Bonds - Series 1990-A, Account Number 008-052-9700-9176. Page 2 WRH/ES/mm B. Deny authority to acquire necessary property and easements to permit the project to proceed on its present schedule. 1. Project schedule will be delayed. 2. Fundin~ will not be expended at this time. V. Recommendation is that Alternative "A" be implemented as follows: City Council approve the proper measure, in a form approved by the City Attorney, authorizing: Property and easement acquisition for six (6) parcels identified on Attachment "A". Total compensation for all six (6) parcels not to exceed $150~000.00 without further authorization by Council. Institution of condemnation and risht of entry pro- ceedin~s, as necessary, by the City Attorney in the event of refusal of property owners to accept settlement in order that undue delay may be avoided for the pro- Ject. Be Authorize the Director of Finance to transfer $150~000.00 from the Public Improvement Bonds - Series 1990A, Account Number 008-052-9700-9176, to Account Number 008-052-9656-9001, Statesman Industrial Park Storm Drain. Respectfully submitted, W. Robert Herbert City Manager City Attorney Director of Finance Director of Public Works City Engineer Construction Cost Technician ATTACH~IENT A Statesman Industrial Park Stormwater Management Project Land Nesds James F. Douthat (6.303 acre Detention Basin Area) 7130123 Joyce B. Higgs (Storm Drain/Water/Sanitary Sewer & Temporary Construction Easements) 7130114 and 7130115 John W., III and Ann P. Inge (Access & Temporary Construction Easements) 7140103 Russell L. Short (Storm Drain/Sanitary Sewer/Public Utility & Temporary Construction Easements) 7140102 Wallace A. & Jacqueline B. Reed (Storm Drain/Water/Sanitary Sewer & Temporary Construction Easements) 7130113 ge Old Dominion Auto Salvage, Inc. (Street Right of Way) 7140110 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W. Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 September 25, 1991 File #60-2-237 SANDRA H. EAKIN Deputy City Clerk Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30716-92391 amending and raordaining certain sections of the 1991-92 Capital Fund Appropriations, providing for the transfer and appropriation of $856,480.00 in connection with land acquisition for the Roanoke River Flood Reduction Project. Ordinance No. 30716-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa Eno. pc' Mr. W. Robert Herbert, City Manager Mr. Kit B. Kiser, Director of Utilities and Operations Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Barry L. Key, Manager, Office of Management and Budget ~N THE COUNCIL OF THE C~TY OF RO~NOKE~ VIR~N~ The 23rd Day of September, 1991. No. 30716-92391. ~ ORDINANCE to amend and reordain certain sections of the 1991-92 Capital 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 1991-92 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ~ro~riations Other Infrastructures $19,484,615 Roanoke River Flood Reduction-Land Acquisition (1).. 2,400,410 1) Appropriations from General Revenue (008-056-9619-9003) $ 856,480 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this city Clerk. IN THE COUNCIL OF THE CITY OF RO~NOKE; VIR~INI~ The 23rd Day of September, 1991. No. 30716-92391. AN ORDINANCE to amend and reordain certain sections of the 1991-92 Capital Fund Appropriations, and providing for an emergency. WHEREAS, Government of the exist. for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the city of Roanoke that certain sections of the 1991-92 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ApproPriations Other Infrastructures Roanoke River Flood Reduction-Land Acquisition $19,484,615 (1).. 2,400,410 1) Appropriations from General Revenue (008-056-9619-9003) $ 856,480 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. '91 18 11:58 Roanoke, Virginia September 23, 1991 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Appropriation of Budgeted Amount to Roanoke River Flood Reduction Project for Land Acquisition I. Background: Ao Local Cooperation A~reement (LCA) was executed on June 25, 1990. Commitment to fund 5% local cash match, land, easements, and rights of way and a varying degree of construction cost was made by the City upon execution of the LCA. $856~480 was programmed into the approved City budget for Fiscal Year 1992 for support of this project. II. Current Situation: Funds proKrsa~ned, $856~480, needs to be placed in the appropriate capital fund project account. Bo Land acquisition will be the most costly project element facing the City during the next 12 months. III. Issues: A. Costs B. Fundin~ available C. Pro.iect accountinK IV. Alternatives: Council approve the transfer of $856,480 from the General Fund Account No. 001-004-9310-9508 and appropriate these funds t_Ro the Capital Pro.~ects Fund~ Account No. 008-056-9619-9050, Roanoke River Flood Reduction - Land Acquisition. Costs are estimated to be in excess of $5,000,000, depending on the amount of donated real estate interest. Funds available for expenditure after this transfer will be $2,362,284. Additional funding will ultimately be provided by the issuance of bonds. Page 2 Fundin~ available, as previously noted, has been identified. Pro.~ect accounting requires the funds available to be placed in the proper project account. Council choose not to transfer the available funds to the project account. Costs will not change. Funding available will remain in the General Fund until there is some disposition approved by Council. 3. Pro3ect accountinK is a moot issue. Recommendation: Council approve the transfer of $856t480 and appropriate these funds in accordance with Alternative "A". Respectfully submitted, W. Robert Herbert City Manager WRH:KBK:afm CC: City Attorney Director of Finance Director of Utilities & Operations Project Engineer RECEF~,En CITY CL E?!:S '91 SEP 16 R2:47 Roanoke, Virginia September 23, 1991 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Appropriation of Budgeted Amount to Roanoke River Flood Reduction Project for Land Acquisition I. BackKround: ao Local Cooperation Agreement (LCA) was executed on June 25, 1990. Co~nitment to fund 5% local cash match, land, easements, and rights of way and a varying degree of construction cost was made by the City upon execution of the LCA. $856~480 was programmed into the approved City budget for Fiscal Year 1992 for support of this project. II. Current Situation: ao Funds programmed, $856~480, needs to be placed in the appropriate capital fund project account. Land acquisition will be the most costly project element facing the City during the next 12 months. III. Issues: A. Costs B. Funding available C. Pro~ect accountinK IV. Alternatives: ao Council approve the transfer of $856,480 from the General Fund Account No. 001-004-9310-9508 to the Capital Pro~ects Fundt Account No. 008-056-9619-9050, Roanoke River Flood Reduction - Land Acquisition. Costs are estimated to be in excess of $5,000,000, depending on the amount of donated real estate interest. Funds available for expenditure after this transfer will be $2~362~284. Additional funding will ultimately be provided by the issuance of bonds. Page 2 Vo 2. Funding available, as previously noted, has been identified. 3. Pro~ect accountin~ requires the funds available to be placed in the proper project account. B. Council choose not to transfer the available funds to the project account. 1. Costs will not change. 2. Fundin~ available will remain in the General Fund until there is some disposition approved by Council. 3. Pro~ect accountin~ is a moot issue. Reco~endation: Council approve the transfer of $856~480 in accordance with Alternative "A". Respectfully submitted, W. Robert Herbert City Manager CC: City Attorney Director of Finance Director of Utilities & Operations Project Engineer WRH:KBK:afm MARY F. Cit~ Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, ~rwginia 24011 Telephone: (703)981-2541 September 25, 1991 File #237 SANDRAH. EAKIN Deputy City Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30718-92391 authorizing the execution of Supplemental Agreement No. 1 to the Local Cooperation Agreement for the Roanoke River Flood Reduction Project and related documentation, upon certain terms and conditions. Resolution No. 30718-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. SHE: ra Eno. pc: Sincerely, Sandra H. Eakin Deputy City Clerk Mr. I. B. Heinemann, Executive Vice President, Carilion Health System, P. O. Box 13727, Roanoke, Virginia 24036 Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Kit B. Kiser, Director of Utilities and Operations IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd Day of September, 1991. No. 30718-92391. A RESOLUTION authorizing the execution of Supplemental Agreement No. 1 to the Local Cooperation Agreement for the Roanoke River Flood Reduction Project and related documentation, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest respectively, on behalf of the City, in form approved by the City Attorney, Supplemental Agreement No. 1 to the Local Cooperation Agreement for the Roanoke River Flood Reduction Project acknowledging the addition of the project element of flood proofing for the Roanoke Memorial Hospital, and an appropriate Disbursement Agreement and any other necessary documentation between the City of Roanoke and Carillon Health Systems providing for the reimbursement of such expenditures and the assumption by Carillon Health Systems of certain other obligations, as more particularly set forth in the report to this Council dated September 23, 1991. ATTEST: City Clerk. MARY F. PARKER City Clerk CITY OF ROANOIx . OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 September 25, 1991 File #60-237 SANDRAH. F. AltIN Deputy City Clerk Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schianger: I am attaching copy of Ordinance No. 30717-92391 amending and reordaining certain sections of the 1991-92 Capitai Fund Appropriations, providing for the appropriation of $501,472.00, said funds to be received from the Federal Government as reimbursement of the local share for flood-proofing Roanoke Memorial Hospitals. Ordinance No. 30717-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa Enc o pc: Mr. I. B. Heinemann, Executive Vice President, Carillon Health System, P. O. Box 13727, Roanoke, Virginia 24036 Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Kit B. Kiser, Director of Utilities and Operations IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd Day of September, 1991. No. 30717-92391. AN ORDINANCE to amend and reordain certain sections of the 1991-92 Capital 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 1991-92 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Other Infrastructures Roanoke River Flood Reduction Reven~e Due from Federal Government - Roanoke River 1) Appropriations from Federal Grant (008-056-9617-9002) 2) Due from Federal - Roanoke River Flood (008-1252) $ 6,426,093 (1) ................... 150,415 (2) ....... 501,472 $ 501,472 501,472 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. RE~CEI'vE~ CITY C '91 $EP18 Honorable Mayor and City Council Roanoke, Virginia I1:59 Roanoke, Virginia September 23, 1991 Dear Members of Council: Subject: Roanoke River Flood Reduction Project - Supplemental Agreement No. 1 to Local Cooperation Agreement and Flood Proofing Disbursement Agreement between the City and Carillon Health System I. Background: Ao Local Cooperation Agreement (LCA) was executed on June 25, 1990 by the City and the Federal Government. Bo Additional Project Element, namely the reimbursement for the flood proofing work at Roanoke Memorial Hospital, has been authorized by Congress. Funds have not been appropriated for the work, however, the U. S. Army Corps of Engineers (COE) has indicated the Federal Government will approve reimbursement of $501~472 of a total project cost of $668~629. C. Additional information is contained in the following attachments: Letter dated July 18, 1991 from James T. Carper asking the City to approve Supplement No. 1 to the LCA. Letter dated August it 1991 to Carillon Health System from Kit B. Kiser explaining the situation and asking Carilion to approve a disbursement agreement between the City and Carillon. Letter dated September 4, 1991 transmitting an executed copy (on behalf of Carillon) of the proposed disbursement agreement. II. Current Situation: Council approval is required for the following: Ao Supplemental Agreement No. 1 to the LCA acknowledging the addition of the project element of flood proofing for Roanoke Memorial Hospital. Bo Disbursement agreement between the City and Carilion stipulating the City will remit to Carilion the amount of reimbursement for local funds spent for the flood proofing and Carilion assumes all future indebtedness for that project element. Co Appropriate $501t472 to Account No. 008-056-9617-9065 and establishment of an accounts receivable in the amount of $501~472 from the Federal Government. Disbursement of funds will only occur after receipt of those funds from the Federal Government. Page 2 III. Issues in order of consideration: A. Fairness B. Reimbursement of funds received. C. Assumption of responsibilities by Carillon. IV. Alternatives: Council authorize approval of Supplement No. 1 to the LCA, the Disbursement Agreement with Carillon and the receipt and disbursement of funds for local share of Flood Proofing of Roanoke Memorial Hospital as provided in the attached documents and itemized under the Current Situation section of this report. Fairness will be promoted since any funds reimbursed as local share were originally expended by Carillon Health System. Reimbursement of funds received will be authorized if appropriated by Congress. Assumption of responsibilities by Carilion for this project element will be assured. B. Council not approve the action outlined in the current situation. 1. Fairness will not be served. 2. Reimbursement of funds received will not occur. 3. Assumption of responsibilities by Carillon will not occur. Recommendation: Council approve the action outlined in Alternative "A" to reimburse Carillon Health System any funds received from the Federal Government as reimbursement of the local share for flood proofing Roanoke Memorial Hospital. Respectful~l~ submitt~e,d, W. Robert Herbert City Manager WRH:KBK:afm Attachments cc: City Attorney Director of Finance Director of Utilities & Operations Mr. 3ohn A. Peters, Engineering Department Mr. I. B. Heinemann DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS EO. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 ~N ~EPLY REFER TO July 18, 1991 Project Management Branch Mr. Kit B. Kiser, Director Utilities and Operations City of Roanoke 215 Church Avenue, $.W. Roanoke, Virginia 24011 Dea~ser: I am enclosing, for your review, a draft supplement to the Local Cooperation Agreement (LCA) which will allow us to make reimbursement for floodproofing at the Roanoke Memorial Hospital. As I have previously indicated, the Government does not have authority to make payment to anyone other than the local sponsor, which is the City of Roanoke. It will be necessary for the City to in turn make reimbursement to Carilion Health Systems. Mark Williams feels that this may require Council authorization. I am also enclosing for your information, the basis for our recommendation as to the amount of work to be credited to the project and the amount of reimbursement. As indicated, reimbursement funds have not been included in either the 91 or 92 budgets. We hope to get approval of our recommendations and the LCA supplement by the end of August so that reimbursement could be made in September if surplus fiscal year funds were determined to be available. To do this, we need your concurrence on the supplement as soon as possible. The basis and the final amount of reimbursement are based on the District's review of work accomplished by Carilion Health Systems. The final amount of credit to the project and amount of reimbursement have not been approved. We would therefore appreciate this information not being made public at this time. Your attention to this matter is greatly appreciated. Please let me know if you have any questions. Sincerely, ~j:~ T. ~Car~ Project Manager LOCAL COOPERATION AGREEF~NT BETWEEN THE DEPARTS~/~ OF THE A~4Y AND THE CITY OF ROANOKE, VIRGINIA FOR CONSTRUCTICN OF THE Supplemental A~reement No. 1 THIS AGREfb~/~T, entered into this __ day of , 199]., by and bet~=en the DEPARTMENT OF THE A~MY (h~reinafter referred to as the "Government"), acting by and through the Assistant Secretary of the Army (Civil Works), and the CITY OF ROANOKE, VIRGINIA (hereinafter referred to as the "Local Sponsor"), acting by and through its City Manager. WHEREAS, the Governmant and the Local Sponsor, pursuant to the Water Besouroes Develoi~nent Act of 1986, Public Law 99-662, entered into a Local Cooperation Agreement for the construction of the Roanoke River Upper Basin, Virginia, Headwaters Area Project on Jtale 25', 1990; and, WHEREAS, subsequent to the ex~cution of said Local Cooperation Agreement, the Water Resources Develc~ment Act of 1990, Public Law 101-640 was enacted; and, WHEREAS, Section 102 (cc) of sa~a Water Resources De~lopment ACt of 1990, Public Law 101-640, provided that the Government is to credit the Local Sponsor for non-structural flood protection measures at the Roanoke Memorial Hospital and to reJzrburse the Local Sponsor in an ~nount equal to the Government's share of such costs; and, WHEREAS, the Governme~t's share of costs for said non-structural flood control is seventy-five (75) percent, in accordance with Section 103(b) of the Water Resources Develo~,=nt ACt of 1986, Public Law 99-662; and, WHEREAS, the parties hereto desir~ to supplement the te~,~ of the Local Cooperation Agreement of June 25, 1991 to include said non-structural flood protection measures at the Roanoke Memorial Hospital and to re/mburse the Local Sponsor for an ~-~ount equal to the Goverrm~nt's share of such costs NOW, THEREFORE, the par~ies agree as follows: 1. The Government will reimburse the Local Sponsor for flood protection m~asures heretofore taken at the Roanoke Mamori~l Hospital. 2. Th~ owner of the Roanoke Memorial Hospital, Car/lion Health System, paid for the non-structural flood protection measures heretofore undertaken at the Roanoke M~morial Hospital. Payment to the Local Sponsor hereunder by the Government for the its share will be made to the Local Sponsor which will in turn reimburse Car/lion Health System within thirty (30) days of receipt of payment from the Government. 3. The ~Dunt to be credited hereunder for said non-structural flood protection measures is $668,629.00. The Goverrm~nt's share is seventy-five (75) percent of said creditable a~ount, which eq~]~ $501,472.00. Payment of the latter amount to the Local Sponsor will he made at such t/me as the funds are appropriated. Said Local Cooperation Agreement of June 25, 1990 is supplemented in the above particulars only. Ail provisions of said agreement are incorporated by reference hereto end made a part hereof. THE DEPARTmeNT OF THE A~MY BY: BY: DATE CERTIFICATE OF AUTHORITY I, ',~q"i',l~i'..5~ C. DIBLING, JR., do hereby oertify that I am the principal legal officer of the City of Roanoke, that the City of Roanoke is a le_o~]ly constituted public body with f~] 1 authority and legal capability to perform the terms of the foregoing Supplemental Agreement between the Department of the Army and the City of Roanoke, and to pay damages, if necessary, in the · event of the failure to perform, in accordance with Section 221 of Public Law 91-611, and that the person who have executed ttnis A~reem~nt on beb~l~ of the City of Roanoke has acted within his statutory authority. IN WIT5~SS WHEREOF, I have made and executed this certification this day of , 1991. WTL~URN C. DTRr. ING, JR. Principal Legal Officer City of Roanoke, Virginia CERTIFICATION OF LEGAL REVI~N Supplemental Agreement No. 1 to the Local Cooperation Agreement for the Roanoke River Upper Basin, Virginia, ~H~waters Area Project has been fully revie%~d and approved by the Office of Counsel, U.S. Army Engineer District, Wilmington. ALLAN M. TYR~RLL District Counsel U.S. Army Engineer District, Wilmington CESAW-LC DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS PO. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO MEMORANDUM FOR Commander, South Atlantic Division, ATTN: SUBJECT: Reimbursement for Roanoke Hospital Floodproofing 13 May 1991 CESAD-PM-C 1. Recommend that reimbursement for floodproofing of the Roanoke Memorial Hospital, as authorized under the provisions of Section 102 (cc) of PL 101- 640, be set at $501,472. The amount of reimbursement represents the Federal share or 75% of non-structural flood control costs in accordance with Section 103(b) of PL 99-662. 2. The total cost of floodproofing work at the hospital was determined to be $668,629 based on review of the work performed and an audit of payments made by Carilion Health Systems, owner and operator of the hospital. Documents submitted by Carilion identified three categories of floodproofing work completed: (1) Basement electrical and plumbing revisions ($89,752); (2) Building floodproofing ($578,877); and (3) Site improvements ($564,620). It is the Wilmington District's position that the work accomplished under items (1) and (2) provides permanent protection to the hospital against future flooding and is appropriate for reimbursement. Work accomplished under item (3) involved raising of the parking area which does not enhance floo~ protection for the building. The cost of the site improvements was, therefore, not considered appropriate for reimbursement. A copy of the audit performed by CESAD-AO-KW, with supporting documents submitted by Carilion Health Systems, is provided as Enclosure 1. 3. The City of Roanoke is the project sponsor. Reimbursement will be made to the City who will then be responsible for reimbursing Carillon Health Systems. It is recommended that reimbursement be accomplished by direct payment to the City for the Federal share ($501,472). This action will require that the project LCA be supplemented. A summary of the revised computations for the Federal/non-Federal share of the project is provided as Enclosure 2. 4. At the present time, there are no provisions in the FY 91 and FY 92 budget for funds for the reimbursement. The earliest reimbursement funds cen be programmed is in FY 93. It is recommended that additional funds be made available to allow reimbursement this FY. 5. Request concurrence with the recommendations above as a basis for modifying the project costs and complying with the provisions of Section 102(cc) of PL 101-640. CESAW-LC SUBJECT: Reimbursement for Roanoke Hospital Floodproofing 6. The District's point of contact is Mr. Jim Carper, CESAW-LC, 4670 or FTS 232-4670. 2 Encls (919) 251- THOMAS C. SUERMANN LTC, Corps of Engineers Commanding Director of Utilities & Operations August 1, 1991 Mr. I. B. Heinemann Executive Vice President Carillon Health Systems P. O. Box 13727 Roanoke, VA 24036 Dear Mr. Heinemann: Re: Partial Reimbursement for Flood Proofing Efforts at Roanoke Memorial Hospital Enclosed is a copy of a July 18, 1991 letter I received from Mr. James T. Carper, Corps of Engineers (COE), Project Manager for the Roanoke River Flood Reduction Project. Included as part of that enclosure is proposed Supplemental Agreement No. 1 between the City and the Department of the Army supplementing the ter~ of the June 15, 1990 Local Cooperation Agreement to include the provision of reimbursement to the City in the amount of $501,472.00, being 75Z of the current calculation of creditable project cost of $668,629.00 for flood proofing the hospital. I have also enclosed a COE memorandum spelling out the basis of the COE calculation of the creditable project costs. It is my intention to recommend to Roanoke City Manager W. Robert Herbert that he obtain City Co~mcil's approval to accomplish the following: Execute Supplemental Agreement No. 1 with the Department of the Army. Receive and appropriate the amount remitted by the Federal Goverru~ent to our Flood Reduction Project account. Enter into an agreement with Carillon Health Systems, which agreement will provide that Carillon Health Systems will assume the Local Sponsor's (City of Roanoke) responsibilities, obligations and liabilities as set forth in the June 25, 1990 Local Cooperation Agreement for the project element involving flood proofing of Roanoke Memorial Hospital. Enclosed is a draft of that proposed agreement. Pay to Carillon Health Systems an amount equal to that received from the Federal Government for this project element (currently estimated to be $501,472.00) within 30 days of Room 354 Municil:x~l Building 21§ Church Avenue S W Roanoke Virginia 24011 (703) 981-2602 Mr. I. B. Heinemann August 1, 1991 Page 2 receipt of that amount from the Federal Government providing the agreement outlined in (3) above has been executed by the parties. Please review the enclosed documents and if the plan of action and the agreement between the City and Carillon is satisfactory, have the agreement executed on behalf of Carillon and return it to me. Thank you. Respectfully, Kit B. Kiser, Director Utilities & Operations KBK:afm Enclosures CC: Mr. W. Robert Herbert, City Manager Mr. Wtlburn C. Dibling, City Attorney Mr. John A. Peters, Project Engineer CAI LION f te~dth S3~t~,m September 4, 1991 - ~ ":.: Director, Utilities & Operations City of Roanoke Municipal Building - Room 354 215 Church Avenue, S.W. Roanoke, Virginia 24011 Dear Kit: Thank you for your letter of August 1, 1991, wherein you outlined the City's role in coordinating the Corps of Engineers regulations and eventually pass through payment to Roanoke Memorial Hospital (RMH) for previous RMH flood reduction work. On behalf of RMH, I want to thank you for your personal involvement on our behalf. Accordingly, enclosed is an executed contractual agreement signed by Carilion's President, Thomas L. Robertson. Would you be kind enough to keep me posted on the schedule for both Corps and City action regarding expected funds transfer? Best regards, I. B. Heinemann Executive Vice President Enclosure cc: Thomas L. Robertson Houston L. Bell, Jr. Donald E. Lorton FLOOD PROOFING DISBURSI~I~IT AG~qT CITY OF ROANOKE, VIRGINIA AND FOR THIS AGREEMENT is entered into this ~ day of by and between the City of Roanoke, Virginia ("City"), Health System~/.~arilion"). WITNESSETH THAT: ~, 1991 an~ Carillon WHEREAS, the City entered into a Local Cooperation Agreement, dated June 25, 1990, with the Department of the Army providing for certain flood reduction and recreational measures along the Roanoke River in the City. ~IEREAS, the Local Cooperation Agreement identified specific project elements, cost sharing formulas and continuing obligations of the parties thereto. W~S, the Department of the Army has subsequently determined that it is appropriate to add a new project element to permit partial reimbursement of Carillon for non-structural flood proofing of Roanoke Memorial Hospital and has determined at this time that the appropriate federal share for that project element is $501,472.00. WHEREAS, the Department of the Army has offered and the City is willing to accept the attached form of Supplemental Agreement No. 1 to the Local Cooperation Agreement subject to acceptance of this agreement by Carilion and final approval by Roanoke City Council. NOW, THE~FORE, the parties agree as follows: 1. Carillon assumes all Local Sponsor responsibilities, obligations, and liabilities set forth in the Local Cooperation Agreement, dated June 25, 1990, as it may be emended, related to the non-structural flood proofing project element at Roanoke Memorial Hospital, and identified in Supplemental Agreement No. 1 to the Local Cooperation Agreement. Copies of the Local Cooperation Agreement and Supplemental Agreement No. 1 are attached hereto and incorporated herein by reference. ' Page 2 2. City agrees to remit to Carilion an amount identical to the reimbursement received from the federal government for said non-structural flood proofing of Roanoke Memorial Hospital as identified above, pursuant to the Local Cooperation Agreement and Supplemental Agreement No. 1. This agreement is subject to approval by Roanoke City Council. CITY OF ROANOKE, VIRGINIA By: W. Robert Herbert, City Manager Date: CARILION HEALTH SYSTE~ Thomas L. Robertson, Preside~ Date: Attest: Date: Attest: Date: MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 September 25, 1991 File #72 SANDRA H. EAKIN Deputy City Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30719-92391 authorizing the acceptance of a bid and execution of a contract with Cost Containment, Inc., for the provision of Food Stamp Issuance Service. Resolution No. 30719-92391 was adopted by the Council of the City of Roanoke at a regular meeting held, on Monday, September 23, 1991. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa Enc o po: Mr. James D. Ritchie, Director of Human Resources Ms. Corinne B. Gott, Superintendent of Social Services Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. D. Darwin Roupe, Manager, General Services MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke. Virg~aia 24011 Telephone: (703)981-2541 September 25, 1991 File #72 SANDRA H. EAKIN Deputy City Clerk Mr. Davis L. Conklln Administrative Manager Cost Containment, Inc. 308-B Sherwee Drive Raleigh, North CaroLina 27603 Dear Mr. ConkHn: I am enclosing copy of Resolution No. 30719-92391 authorizing the acceptance of a bid and execution of a contract with Cost Containment, Inc., for the provision of Food Stamp Issuance Service. Resolution No. 30719-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. Sincerely, Sandra H. Eakin Deputy City Clerk SHE: ra Eric. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd Day of September, 1991. No. 30719-92391. A RESOLUTION authorizing the acceptance of a bid and execution of a contract with Cost Containment, Inc., for the provision of Food Stamp Issuance Service. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Cost Containment, Inc., being the only bid received for the provision of Food Stamp Issuance Service, such service being more particularly set forth in the September 23, 1991 report of the City Manager to this Council, is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a contract with Cost Containment, Inc., for the services listed above, at an annual cost of approximately $43,000.00, upon such terms and conditions as are more fully set out in the report to this Council dated September 23, 1991. 3. The form of the contract with such bidder shall be approved by the City Attorney. ATTEST: City Clerk. Roanoke, Virginia September 23, 1991 tITY CLE,~ii~ ~FICu '~1 ~EI~ 18 t%11 Honorable Mayor and City Council Roanoke, Virginia SUBJECT: Renewal of Food Stamp Issuance Contract, Bid No. 91--8--55 Dear Members of Council: I concur with the Bid Committee recommendation relative to the above subject and recommend it to you for appropriate action. Respectfully Submitted, W. Robert Herbert City Manager cc: City Attorney Director of Finance Roanoke, Virginia September 23, 1991 Honorable Mayor and City Council Roanoke, Virginia SUBJECT: Renewal of Food Stamp Issuance Contract, Bid No. 91-8--55 Dear Members of Council: I. Backqround Since November, 1987, the City of Roanoke, Department of Social Services, has contracted for the issuance of Food Stamps to an organization specifically designed to provide that type of service. Existing contract which is administered by Cost Containment, Inc., is scheduled to expire October 31, 1991. Co Specifications were developed and sent to specific firms that had requested the opportunity to bid. A public advertisement was also published in the Roanoke Times and World News on August 21, 1991. II. Current Situation Only one (1) bid was received. That bid, from Cost Containment, Inc., was publicly opened and read in the Office of General Services at 2:00 p.m. on Friday, September 6, 1991. Bo The bid was evaluated, in a consistent manner, by representatives of Social Services and General Services Departments. Cost Containment, Inc. has provided a proposal that meets all required specifications for a cost of $.55 per transaction, an approximate monthly amount of $3,100.00 plus postage. Cost per transaction, $.55 each as bid by Cost Containment, Inc., is the same amount as is currently being charged, all of which is shared 80% by the State and 20% local. Food Stamp Issuance Contract Bid No. 91-8-55 Page 2 III. Issues IV. A. Accountability B. Compliance with Specifications C. Cost D. Timinq Alternatives City Council concur with the acceptance of the bid, provided by Cost Containment, Inc., to provide for the issuance of Food Stamps for the period November 1, 1991 through October 31, 1992, with the option to renew for two (2) additional one (1) year periods. Accountability - the contract with Cost Containment, Inc. will insure the requisition, inventory, control and distribution of Food Stamps· Compliance with Specifications - The bid submitted by Cost Containment, Inc. meets all required specifications. Cost - Approximate cost of this service, including postage, is $43,000.00 per year. Funds are available in Social Services account 001-054-5313-2010 to provide for this service. o Timinq - Approval and acceptance of this bid will allow for the continuation of the service without interruption. City Council not accept the bid submitted by Cost Containment, Inc. Accountability - Another system of issuance would have to be developed immediately to meet Federal requirements. Food Stamp Issuance Contract Bid No. 91-8-55 Page 3 Compliance with Specifications would not be a factor in this alternative. o Cost is anticipated to increase if Food Stamps were issued by Social Services due to the requirement for additional staff, additional space and storage for the inventory of the Food Stamps. Timinq - Changing the method of issuance of Food Stamps would temporarily interrupt service to citizens. V. Recommendation Council concur with alternative "A" accept the bid submitted by Cost Containment, Inc. to provide Food Stamp Issuance Service for the period of November 1, 1991 through October 31, 1992 with the option to renew for two (2) additional one (1) year periods. Authorize the City Manager to enter into a contract, in a form approved by the City Attorney, with Cost Containment, Inc. to provide required Food Stamp Issuance Service. Respectfully Submitted, Committee: Ja~ D. Ritchie Corinne B. Gott D. Darwin Roupe cc: City Attorney Director of Finance MARY F. PARKER City Clerk CITY OF ROANOK'a OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 September 25, 1991 File # 32 SANDRA H. EAKIN Deputy City Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30720-92391 accepting the bid of AAA Clean Teams, in the total amount of $58,622.66, providing for custodial services at various city locations. Resolution No. 30720-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa Ene o pc: Mr. William F. Clark, Director of Public Works Mr. Nelson M. Jackson, Manager, Custodial Services Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. D. Darwin Roupe, Manager, General Services MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Wtrginia 24011 Telephone: (703)981-2541 September 25, 1991 File # 32 SANDI~. H. F. AKIN Deputy City Clerk Mr. Glen L. Powers Owner / Manager AAA Clean Teams 2430 Brandon Avenue, S. W. Roanoke, Virginia 24015 Dear Mr. Powers: I am enclosing copy of Resolution No. 30720-92391 accepting the bid of AAA Clean Teams in the total amount of $58,622.66, for providing custodial services at various city locations. Resolution No. 30720-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa Eric. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke. Vkginia 24011 Telephone: (703)981-2541 September 25, 1991 File # 32 $ANDRAH. EAKIN Deputy CityClerk Mr. Kenneth Haley President Property Maintenance Corporation 416 - llth Street, N. W. Roanoke, Virginia 24017-5710 Dear Mr. Haley: I am enclosing copy of Resolution No. 30720-92391 accepting the bid of AAA Clean Teams in the total amount of $58,622.66, for providing custodial services at various city locations. Resolution No. 30720-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed services. SHE:fa Enc. Sincerely, Sandra H. Eakin Deputy City Clerk MARY F. PAl~m~ City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 September 25, 1991 File # 32 SANDRA H. EAKIN Deputy City Clerk Ms. Carol Bolen Branch Manager ISS Southern Management 2608 Wiliiamson Road, N. W. Roanoke, Virginia 24012 Dear Ms. Bolen: I am enclosing copy of Resolution No. 30720-92391 accepting the bid of AAA Clean Teams in the total amount of $58,622.66, for providing custodial services at various city locations. Resolution No. 30720-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed services. SHE:fa Sincerely, Sandra H. Eakin Deputy City Clerk Enc. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 September 25, 1991 File # 32 SANDRA H. EAKIN Deputy Cit7 Clerk Mr. C. M. Richardson Vice President - Sales Administration Diversco, Inc. P. O. Box 5527 Spartanburg, South Carolina 29304 Dear Mr. Richardson: I am enclosing copy of Resolution No. 30720-92391 accepting the bid of AAA Clean Teams in the total amount of $58,622.66, for providing custodial services at various city locations. Resolution No. 30720-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed services. SHE:fa Ene. Sincerely, Sandra H. Eakin Deputy City Clerk MARY F. PARKER City Clerk CITY OF ROANOKE. OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia '~4011 Telephone: (703)981-2541 September 25, 1991 File # 32 SANDRA H. F. AKIN Deputy City Clerk Mr. David B. Trail President Image Building Services, Inc. P. O. Box 14084 Roanoke, Virginia 24038 Dear Mr. Trail: I am enclosing copy of Resolution No. 30720-92391 accepting the bid of AAA Clean Teams in the total amount of $58,622.66, for providing custodial services at various city locations. Resolution No. 30720-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed services. SHE:ra Enc. Sincerely, Sandra H. Eakin Deputy City Clerk MARY F. PARKER City Clerk CITY OF ROANOKK OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 September 25, 1991 File # 32 SANDRAH. EAKIN Deputy CityClerk Mr. Robert W. Thurman President Blue Ridge Janitorial Service P. O. Box 12805 Roanoke, Virginia 24028 Dear Mr. Thurman: I am enclosing copy of Resolution No. 30720-92391 accepting the bid of AAA Clean Teams in the total amount of $58,622.66, for providing custodial services at various city locations. Resolution No. 30720-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed services. SHE:fa Eno. Sincerely, Sandra H. Eakin Deputy City Clerk MARY F. PARKER City Clerk CITY OF ROANOKI OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 Septembep 25, 1991 File # 32 SANDRA H. EAKIN Deputy City Clerk Mr. Roger C. Willis President Southwest Virginia Janitor Service, Inc. 3804 Melrose Avenue, N. W. Roanoke, Virginia 24017 Dear Mr. Willis: I am enclosing copy of Resolution No. 30720-92391 accepting the bid of AAA Clean Teams in the total amount of $58,622.66, for providing custodial services at various city locations. Resolution No. 30720-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. On behalf of the Mayop and Members of City Council, I would like to express appreciation for submitting your bid on the abovedeseribed services. SHE:pa Enc. Sincerely, Sandra H. Eakin Deputy City Clerk MARY F. PARI~R City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 September 25, 1991 File # 32 SANDRA H. EAKIN Deputy City Clerk Mr. Noah G. Denney Manager American Janitorial Service P. O. Box 21082 Roanoke, Virginia 24018 Dear Mr. Denney: I am enclosing copy of Resolution No. 30720-92391 accepting the bid of AAA Clean Teams in the total amount of $58,622.66, for providing custodial services at various city locations. Resolution No. 30720-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed services. SHE:va Enc. Sincerely, Sandra H. Eakin Deputy City Clerk MARY F. PARKER City Clerk CITY OF ROANOKE. OFFICE OF THE CITY CLERK 215 Church Avenue, S.W. Room 456 Roanoke, Vh'g'inia 24011 Telephone: (703)981-2541 September 25, 1991 File # 32 SANDRA H. EAKIN DepuW City Clerk Mr. Marvin Holder General Manager Dust Busters Cleaning Service P. O. Box 88 Vinton, Virginia 24179 Dear Mr. Holder: I am enclosing copy of Resolution No. 30720-92391 accepting the bid of AAA Clean Teams in the total amount of $58,622.66, for providing custodial services at various city locations. Resolution No. 30720-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed services. SHE:fa Eno. Sincerely, Sand~a H. Eakin Deputy City Clerk MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 September 25, 1991 File # 32 SANDRA H. F-AKIN Deputy City Clerk Mr. Melvin Kasey President Triad Cleaning Services, Inc. P. O. Box 6024 Roanoke, Virginia 24017 Dear Mr. Kasey: I am enclosing copy of Resolution No. 30720-92391 accepting the bid of AAA Clean Teams in the total amount of $58,622.66, for providing custodial services at various city locations. Resolution No. 30720-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed services. SHE:fa Enc. Sincerely, Sandra H. Eakin Deputy City Clerk MARY F. PARKER City Clerk CITY OF ROANOKE OFHCE OF THE CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 September 25, 1991 File # 32 SANDRA H. EAI~IN Deputy City Clerk Mr. Michael P. Tare, Sr. Owner Grade A Janitorial Service 5720 Williamson Road, N. W., Suite 102 Roanoke, Virginia 24012 Dear Mr. Tate: I am enclosing copy of Resolution No. 30720-92391 accepting the bid of AAA Clean Teams in the total amount of $58,622.66, for providing custodial services at various city locations. Resolution No. 30720-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed services. SHE: ra Sincerely, Sandra H. Eakin Deputy City Clerk Ene. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd Day of September, 1991. No. 30720-92391. A RESOLUTION accepting the bid of AAA Clean Teams for custodial services at various city locations, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work, and rejecting all other bids made to the City for the work. BE 1. amount IT RESOLVED by the Council of the City of Roanoke that: The bid of AAA Clean Teams made to the City in the total of $58,622.66 for custodial services at various city locations as more particularly described in the City Manager's report dated September 23, 1991, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: City Clerk. Roanoke, Virginia September 23, 1991 CITY CLEFF~ OFF~CE SEP 16 2:47 Honorable Mayor and City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: Bids to provide Custodial Services for certain locations by outside contractor, Bid No. 91-7-31 I concur with the recommendation of the Bid Committee relative to the above subject and recommend it to you for appropriate action. Respectfully Submitted, W. Robert Herbert City Manager DDR:ss cc: City Attorney Director of Finance Roanoke, Virginia September 23, 1991 Honorable Mayor and City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: Bids to provide Custodial Services for certain locations by outside contractor, Bid No. 91-7-$1 I. Background January 1990, a study on Custodial Service Cost for five (5) Libraries, nine (9) Recreation Centers and one (1) Health Department Building, was conducted by the Manager, Building Maintenance· Annual operating costs, for providing custodial services for the selected locations with City staff, were estimated exceed $95,000. to August 1, 1990, City awarded contract for $44,000.00. Quality of service during '90-91 resulted in a decision to rebid the contract. July 12, 1991, specifications were developed and along with request for quotations were specifically sent to nineteen {19) Janitorial Service Contractors. A public advertisement was also published in the Roanoke Times and World News on July 14, 1991. Bids were received, after due and proper advertisement, until 2:00 p.m. on Friday, July 26, 1991, at which time all bids appropriately received were publicly opened and read in the Office of the Manager of General Services. II. Current Situation Eleven (11) bid responses were received. A tabulation of the bid responses is attached. All bids appropriately received were evaluated in a consistent manner by representatives of the following: Building Maintenance General Services Custodial Services Bid No. 91-7-31 Page 2 III. IV. The lowest bid, as submitted by AAA Clean Teams, meets all required City specifications, including Insurance and Bonding, for an annual cost of $58,622.66. The contract provides for a thirty (30) day termination notice if service is not provided in accordance with specifications. Annual Contract for services provided would be paid from existing Custodial Operating Budget and would not require additional Funding. Issues A. Cost B. Compliance with Specifications C. Funding Alternatives Council accept the lowest bid, submitted by AAA Clean Teams, to provide Custodial Services to various locations, for the annual contract amount of $58,622.66. Cost - Based on the lowest bid, a cost reduction of approximately $36,000 would be realized. Compliance with specifications - The Firm recommended by this alternative meets all required City specifications. Funding - Funds, to provide this service, are available in Custodial Services account 001-052-4220-2010. B. Reject all Bids Cost to provide necessary custodial service to selected locations would exceed $95,000 annually. Custodial Services Bid No. 91-7-$1 Page 3 Compliance with specifications would not be a factor in this alternative. Funding would not be a factor in this alternative. Recommendation A. Council concur with Alternative "A" accept the bid submitted by AAA Clean Teams to provide custodial services at various City locations for the annual amount of $58,622.66. Authorize the City Manaqer to enter into a contract, in a form approved by the City Attorney, for above recommended service· William F. Clark Nelson M. Jackso~~ D. Darwin Roupe cc: City Attorney Director of Finance 0 0 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V'wginia 24011 Telephone: (703)981-2541 September 25, 1991 File # 249-215 SANDRAH. EAKIN Deputy CityClerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30721-92391 authorizing you to execute a grant agreement with the Roanoke Valiey Preservation Foundation for the stabilization of Old First Baptist Chu~rch located at 407 North Jefferson Street. Resolution No. 30721-92391 was adopted by the Councli of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa Eno. pc; Mr. D. Kent Chrisman, President, Roanoke Valley Preservation Foundation, 641 Walnut Avenue, S. W., Roanoke, Virginia 24016 Mr. C. Douglas Eggieston, President, Arts Place at Old First, 3030 Beacon Drive, S. W., Roanoke, Virginia 24018 Mr. Walter L. Wheaton, Chairman, Board of Trustees, First Baptist Church, 310 N. Jefferson Street, Roanoke, Virginia 24016 Mr. William F. Clark, Director of Public Works Mr. John R. Marlles, Chief of Community Planning Mr. Brian J. Wishneff, Chief of Economic Development Mr. James D. Ritehie, Director of Human Resources Ms. Marie T. Pontius, Grants Monitoring Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, The 23rd Day of September. 1991. No. 30721-92391. VIRGINIA, A RESOLUTION authorizing the City Manager to execute a grant agreement with the Roanoke Valley Preservation Foundation for the stabilization of Old First Baptist Church located at 407 North Jefferson Street. 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, a grant agreement with the Roanoke Valley Preservation Foundation, which agreement shall provide for the use of CDBG funds in the amount of $48,500.00 to be used in the stabilization of the Old First Baptist Church located at 407 North Jefferson Street, in accordance with the recommendations contained in the City Manager's report to this Council dated September 23, 1991. 2. The form of the grant agreement shall be approved by the City Attorney. ATTEST: City Clerk. ._~oanoke, Virginia ~1 ~P 19 ~:~1 .Z%eptember 23, 1991 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Grant Agreement with Roanoke Valley Preservation Foundation for Old First Baptist Church I. Background: Old First Baptist Church, at 407 North Jefferson Street, is listed on the Virginia Historic Register and the National Register of Historic Places. Be The church, vacant since 1981, is deteriorating and is at risk of permanently losing portions of its historic and architectural integrity unless protected from further weathering. City Council authorized $48,500 as a grant to the Roanoke Valley Preservation Foundation to stabilize the building as part of the Community Development Block Grant (CDBG) program on May 13, 1991 by Resolution No. 30508-51391. II. Current Situation: Roanoke Valley Preservation Foundation will stabilize the old church with repairs to the roof, belfry and steeple, removal and repair of interior pigeon damage, and securing the building against further effects of weather. The Arts Place at Old First, Inc. will eventually occupy the building for stage productions and fine arts exhibits under a twenty year lease from the Trustees of First Baptist Church, the owners of the building. An administrative agreement is necessary between the City and the Preservation Foundation for the funds to be disbursed for repairs. III. Issues: A. Cost to the City B. Funding C. Compliance with applicable regulations D. Historic preservation objectives City Council Page 2 IV. We Alternatives: A. Authorize the City Manager to execute the attached Agreement with the Roanoke Valley Preservation Foundation for the stabilization of Old First Baptist Church located at 407 North Jefferson Street. 1. Cost to the City will be $48,500 in CDBG funds. Funding is available in CDBG account 035-089-8937- 5215. Compliance with applicable regulations is assured through contract review and project monitoring by the City Attorney and the City's Office of Grants Compliance. Historic preservation objectives would be addressed by helping to preserve a valuable historic resource until funds can be obtained to renovate it completely. Do not authorize the City Manager to execute the attached Agreement with the Roanoke Valley Preservation Foundation for the stabilization of Old First Baptist Church located at 407 North Jefferson Street. 1. Cost to the City would be nothing. 2. Funding would not be an issue. Compliance with applicable regulations would not be an issue. e Historic preservation objectives would not be addressed, and an historic resource will continue to deteriorate. Recommendation: It is recommended that City Council concur in Alternative A and authorize the City Manager to execute the attached Agreement with the Roanoke Valley Preservation Foundation for the stabilization of Old First Baptist Church located at 407 North Jefferson Street. Respectfully submitted, W. R~cber~er~ City Manager City Council Page 3 WRH/mtp attachment CC: Assistant City Manager City Attorney Director of Finance Director of Public Works Director of Human Resources Chief of Economic Development Chief of Community Planning Grants Monitoring Administrator President, Roanoke Valley Preservation Foundation President, Arts Place at Old First Chairman, Board of Trustees, First Baptist Church B:PRESERVA.RPT This Agreement is made and entered into this day of , 1991, by and between the following parties: The Grantee - City of Roanoke, Virginia 215 Church Avenue, S.W. Roanoke, Virginia 24011 and the Subgrantee Roanoke Valley Preservation Foundation P.O. Box 1558 Roanoke, Virginia 24007 WI TNE S SETH: WHEREAS, the Old First Baptist Church located at 407 North Jefferson Street is listed on the Virginia Historic Register and the National Register of Historic Places, and is therefore a valuable historic resource to the City of Roanoke; WHEREAS, this former church has been vacant since 1981, is deteriorating and is at risk of permanently losing portions of its historic and architectural integrity unless protected from further weathering; WHEREAS, the Roanoke Valley Preservation Foundation has requested funds to stabilize this historic structure, and is particularly suited to preserve, where possible, valuable historic properties of the Roanoke community; WHEREAS, a suitable use has been found for the building, and the owner, the First Baptist Church, has signed a twenty-year lease with the Arts Place at Old First, Inc. to occupy, manage and maintain the building when renovated; WHEREAS, the Roanoke City Council has authorized as a part of the City's Community Development Block Grant ("CDBG") program the grant of funds to the Roanoke Valley Preservation Foundation for stabilizing this facility, and Council has, by Ordinance No. , adopted September 23, 1991 authorized the execution of this grant agreement; and WHEREAS, the United States Department of Housing and Urban Development ("HUD") has declared the use of CDBG funds for this purpose to be an eligible activity if carried out in accordance with applicable Federal, State and local statutes and regulations. NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES: This project provides for stabilization of the Old First Baptist Church located at 407 North Jefferson Street, Roanoke, Virginia, owned by the Trustees of First Baptist Church, 310 North Agreement Page 2 e Jefferson Street. The project generally consists of repairs to the roof, belfry and steeple, removal and repair of interior pigeon damage, and securing the building. Other repairs contributing to the stability and safety of the building may be undertaken if sufficient funds are available. Improvements are more specifically detailed in the plans and specifications of the project, included as part of this agreement by reference. TIME OF PERFORMANCE: This Agreement shall be for the period of September 1, 1991 through August 31, 1992. This Agreement may be extended with the written consent of both parties. BUDGET: The total budget for this project will be $48,500 in CDBG funds provided by the Grantee. No matching funds are required. PROPOSED PAYMENT SCHEDULE AND PROCEDURES: Requests for payment will be submitted to the City's Office of Grants Compliance, accompanied by an invoice from the Subgrantee's contractor(s). Payment will be made to the Subgrantee based on the invoice within ten (10) days from date of receipt if all compliance requirements are met. INDemNIFICATION: The Subgrantee agrees to indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, legal actions and judgments advanced against the City and for expenses the City may incur in this regard, arising out of the Subgrantee's intentional acts and negligent acts or omissions with respect to the rights and privileges granted by the City to the Subgrantee in this Agreement. COMPLIANCE WITH FEDERAL REGULATIONS: The Subgrantee agrees to abide by the HUD conditions for CDBG programs as set forth in Attachment A, and all other applicable federal regulations relating to specific programs performed hereunder. The Subgrantee specifically agrees to comply with the Secretary of Interior's Standards for rehabilitation of historic properties. Assistance in applying these standards will be provided by the City's Historic Review Officer. Agreement Page 3 e e UNIFORM ADmINISTrATIVE P~QUIP~MENTS: The Subgrantee shall comply with the requirements and standards of OMB Circular No. A-122, "Cost Principles for Non Profit Organizations" and the following Attachments to OMB Circular No. A-110: Attachment A, "Cash Depositories,"; Attachment B, "Bonding and Insurance"; Attachment C, "Retention and Custodial Requirements for Records,"; Attachment F, "Standards for Financial Management Systems"; Attachment H, "Monitoring and Reporting Program Performance," paragraph 2; Attachment N, "Property Management Standards," Attachment O, "Procurement Standards." FEDERAL LABOR STANDARDS PROVISIONS: The Subgrantee and all contractors engaged under contracts in excess of Two Thousand Dollars ($2,000.00) for the construction, rehabilitation, completion or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3 and 5, and more fully detailed in Attachment B to this Agreement. The Subgrantee shall cause or require to be inserted in full in any such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5. PROGRAM INCOME: "Program income" means gross income received by the Grantee or Subgrantee directly generated from the use of CDBG funds. Program income, if any, from any sources shall be submitted to the City within ten (10) days of its receipt by the Subgrantee, for the duration of this Agreement as referenced in paragraph No. 2. Program income does not include proceeds from fundraising activities carried out by the Subgrantee. 10. RECORDS AND REPORTS: The Subgrantee shall maintain full and accurate records with respect to all matters covered under this Agreement. All records pertaining to this Agreement and the services performed pursuant to it, shall be retained for a period of three (3) years after the expiration date of the Agreement. Appropriate City and/or HUD personnel shall have free access to those records during the Agreement duration and the following three-year time period. 11. CONFLICT OF IBTF_/~EST: No employee, agent, consultant, officer or appointed official of the Subgrantee, who is in a position to participate in a decision-making process or gain inside information with regard to any CDBG activity, may obtain a personal or financial interest in any contract, subcontract or agreement with respect thereto, or in Agreement Page 4 the proceeds thereunder, either for themselves, their family or business associates, during their tenure or for one (1) year thereafter. 12. SUSPENSION AND TERMINATION Suspension or termination may occur if the Subgrantee materially fails to comply with any term of this award, and the award may be terminated for convenience by the Grantee or Subgrantee upon written notification to the awarding agency (HUD), setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. 13. REVERSION OF ASSETS: Upon expiration of this agreement the Subgrantee shall transfer to the Grantee any CDBG funds or program income on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. The subject property at 407 North Jefferson Street, shall be used at all times exclusively for secular purposes available to persons regardless of religion. If the premises are not retained in wholly secular purposes and use for at least the useful life of the improvements, financed in whole on in part by CDBG funds, the Subgrantee shall pay to the Grantee an amount equal to the residual value of the improvements. 14. ANNUAL AUDIT AND MONITORING: The Subgrantee shall provide for an independent audit, in compliance with OMB Circular A-128, which will include all CDBG expenditures covered by the Agreement. Copies of said audit report shall be furnished to the Grantee's City Manager and Director of Finance within thirty (30) days of completion of the audit. 15. THIRD-PARTY CONTRACTS: The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. 16. AMENDM]~TS. The Grantee, from time to time, may require changes in the obligations of the Subgrantee hereunder, or its City Council may appropriate further funds for the implementation of the project. In such event or events, such changes which are mutually agreed upon by and between the Subgrantee and Grantee shall be incorporated in written amendment to this Agreement. Agreement Page 5 17. ~OVE~NINGLAW:. This Agreement shall be governed by laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as the day and year hereinabove written: ATTEST: CITY OF ROANOKE By By Mary F. Parker, City Clerk W. Robert Herbert, City Manager SUBGRANTEE By Witness By Kent Chrisman, President Roanoke Valley Preservation Foundation B:PRESFOUN.CON ATTAc~{ENT A U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMEN1 GRANT AGREEMENT CO~MUNITY DEVELOPMENT BLOCK GRANT PROGRAM SPECIAL TERMS AND CONDITIONS FOR SUBGRANTEES (CONTRACTS OVER $10,000) 1. "Section 3" Compliance in the Provision of Training~ Employment and Business Opportunities: The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170 lu. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and urban Development set forth in 24 CFR 135, and all appli- cable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous pla- ces available to employees and applicants for employment or training. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part '135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply ~ith the requirements of these regulations. Compliance with the provisions of Section 3, the regulations s~t forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, it successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. Equal Emplo.,vment Opportunity: Contracts subject to Executive Order 11246~ as amended.- Such contra6ts ~hall be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130 applicable to HUD-assisted construction contracts. The Subgrantee shall cause or require to be inserted in full in any non- exempt contract and subcontract for construction work, or modification thereof as defined in said regulations, which is paid for in whole or in part with assistance provided under this Agreement, the following equal opportunity clause: "During the performance of this contract, the contrac- tor agrees as follows: A. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and section for training, including apprenticeship. The contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. B. The contractor will, in 'all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. C. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' repre- sentatives of the contractor's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. De The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regula- · tions and orders of the Secretary of Labor, or pursuant theretn, and will permit access to his books, records and accounts by the Depa-tment and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. -2- In the event of the contractor's noncompliance with the non- discrimination clauses of this contract or with any of such rules, regu- lations or orders, this contract may be canceled, terminated or suspended in whole or in part, and the contractor may be declared ineli- gible for further Government contracts or Federally-assisted construc- tion contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. The contractor will include the portion of the sentence immediately pre- ceding paragraph (Al and the provisions of paragraphs (Al through (Gl in every subcontract or purchase order unless exempted by rules, regula- tions or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, lg65, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States." The Subgrantee further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federally-assisted construction work; provided, that if the Subgrantee so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instru- mentality or subdivision of such government which does not participate in work on or under the contract. The Subgrantee agrees that it will assist and cooperate actively with the Department and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor; that it will furnish the Department and the Secretary of Labor such compliance; and that it will otherwise assist the Department in the discharge of its primary responsibility for securing compliance. The Subgrantee further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, lg65, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and Federally- assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal oppor- tunity clause as may be imposed upon contractors and subcontractors by the Department or the Secretary of Labor pursuant to Part II, Subpart D, of the Executive Order. In addition, the Subgrantee agrees that if it fails or refuses to comply with these undertakings, the Department may take any or all of the following actions: cancel, terminate or suspend in whole or in part the grant or loan guarantee; refrain from extending any further assistance to the Subgrantee under the Program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Subgrantee; and refer the cause to the Department of Justice for appropriate legal proceedings. -3- e Federal Labor Standards Provisions: Except with respect to the rehabilita- tion of residential property designed for residential use for fewer than eight families, the Subgrantee and all contractors engaged under contracts in excess of Two Thousand Dollars ($2,000.00) for the construction, prosecu- tion, completion or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3 and 5, governing the payment of wages and the ratio of apprentices and trainees to journeymen; provided that if wage rates higher than those required under such regulations are imposed by State or local law, nothing hereunUer is intended to relieve the Subgrantee of its obligation, if any, to require payment of the higher rates. The Subgrantee shall cause or require to be inserted in full in any such contracts subject to such regulations, provi- sions meeting the requirements of 29 CFR 5.5. No award of the contracts covered under this section of the Agreement shall be made to any contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract. 4. Nondiscrimination Under Title VI of the Civil Rights Act of 1964: This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto, including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Subgrantee shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex or national ori- gin, in the sale, lease or rental, or in the use of occupancy of such land or any improvements erected or to be erected thereon, and providing that the Subgrantee and the United States are beneficiaries of and entitled to enforce such covenant. The Subgrantee, in undertaking its obligation -in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 5. Obligations of Subgrantee with Respect to Certain Thtrd-part~ Relationships: The Subgrantee 'shall remain fully obligated under the provisions of the Agreement, notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under this Agreement to the Subgrantee. Any Subgrantee which is not the Applicant shall comply with all lawful require- ments of the Applicant necessary to insure that the program, with respect to which assistance is being provided under this Agreement to the Subgrantee, is carried out in accordance with the Applicant's Assurances and certifica- tions, including those with respect to the assumption of environmental responsibilities of the Applicant under Section 104(h) of the Housing and Community Development Act of 1974. Interest of Certain Federal Officials: No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. -4- o o~ee er of the governing body of the locality in which the program ~s situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure, or for one {1) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. The Subgrantee shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this section. Prohibition Against Payments of Bonus or Commission: The assistance pro- vided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval or applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974, or HUD regu- lations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. ge "Section lOg": This Agreement is subject to the .requirements of Section 10g of the Housing and Community Development Act of lg7¢, 42 U.S.C. 3535(d). No person in the United States shall on the ground of race, color, religion, sex or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title. 10. Access to Records and Site ~f. Emplo~ment: This Agreement is subject to the requirements of Executive uroer 11246, Executive Order 1375, Civil Rights Act of 1964, as amended. Access shall be permitted during normal business hours to the premises for the purpose of conducting on-site compliance reviews and inspecting and copying such books, records, accounts, and other material as may be relevant to the matter under investigation and pertinent to compliance with the Order, and the rules and regulations promulgated pur- suant thereto by the Subgrantee. Information obtained in this manner shall be used only in connection with the administration of the Order, the admi- nistration of the Civil Rights Act of 1964 (as amended) and in furtherance of the purpose of the Order and that Act. -5- ATTACHMENT B U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FEDERAL LABOR STANDARDS PROVISIONS Applicability: The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A.l.(t) Minimum Wages: All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are per- mitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractural rela- tionship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5 (a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually per- formed, without regard to skill, except as provided in 2g CFR Part 5.$(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates con- formed under 2g CFR Part 5.S(a)(Z)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ill(a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the follow- ing criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe bene- fits, bears a reasonable relationship to the wage rates con- tained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, agree on the classification and wage rate (including the and HUD or its designee amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U. S. Department of labor, Washington, 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days DC receipt and so advise HUD or its designee or will notify HUD or its designee°f within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives~ and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) deter- mined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other t?ird person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of labor has found, upon the written request of the contractor, that the applicable stan- dards of the Davis-Bacon Act has been ~t. The Secretary of labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved and Budget under OMB Control Number 1215-0140.) by the Office of Management -2- 2. Withholding: HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally. assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including appren- tices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, Sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such dis- bursements in the in the case of direct Davis-Bacon Act contracts. 3.(i)Payrolls and Basic Records: Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the con'structton or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section l(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 2g CFR 5.5 (al(Il(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section l(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially respon- sible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of programs, the registration of the apprentices and trainees, and the trainee ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ill(e) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 2g CFR Part B.5(a)(3)(t). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number -3- ~vernment Printinq Office Washin ton DC 20402. The prime contractor is responsible for the submission of copies of payro)ls b subcontractors. (Approved by the Office of Management and Budget under ~ all Control Number 1215-014g.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance", signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(i) and that such infor- mation is correct and complete; (2) That each laborer or mechanic (including each helper, appren- tice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissable deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classifi- cation of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance. required by paragraph A.3.(ii)(b) of this section. (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph A.3.(i) of this section available for inspection, copying or trans- cription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 4.(t) Apprentices and Trainees - Apprentices: Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide appren- ticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first gO days of probationary emplo.vment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in'any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman,s hourly rate) specified in the contractor's or subcontractor,s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a per- centage of the journeymen hourly rate specified in the applicable wage deter- mination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the appli- cable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work per- formed until an acceptable program is approved. (ii) Trainees: Except as provided in 2g CFR 5.16, trainees will not be per- mitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to an individually registered in a program which has received prior approval, evidenced by formal certification by the U. S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainer's level of' progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not ~ntion fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an appren- ticeship program associated with the corresponding Journeyman wage rate on the wage determination which provides for less than full fringe benefits for appren- tices. Any employee listed on the paJn'oll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the.wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the En~)loyment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Emploj~nent Opportunity~ The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 2g CFR Part 30. 5. Compliance with Copeland Act Requirements: The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. 6. Subcontracts: The contractor or subcontractor will insert in any sub- contracts the clauses contained in 29 CFR 5.S(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 7. Contract Termination~ Debarment: A breach of the contract clauses in 2g CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 2g CFR 5.12. 8. Compliance with Oavts-Bacon and Related Act Requirements: All rulings and interpretations of the Davis-Bacon and Related Acts contained in 2g CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. g. Otsputes Concerning Labor Standards: Disputes arising out of the labor standards provisions of this contract shall not be subject to the general dispu- tes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 2g CFR Parts 5, 6, and ?. Disputes within the meaning of this clause include disputes between the contrac- tor (or any of its subcontractors) and HUD or its designee, the U. S. Department of Labor, or the employees or their representatives. 10.(t) Certification of Eligibility: By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(al of the Davis-Bacon Act or 2g CFR S.12(a)(1) or to be awarded HUD contracts or participation in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(al of the Davis-Bacon Act or 2g CFI~ 5.12(a)(1) or to be awarded HUD contracts or par- ticipate in HUO programs pursuant to 24 CFR P~rt 24. (iii) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U.S.C. 1001. Additionally, U. S. Criminal C~e, Section 1010, Title 1~, U.S.C., "Federal Housing Administration transactions., provides part: Whoever, for the purpose of ... influencing in any way the action n of such Administration ... makes, utters or publishes any statement, knowing the same to be false ... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or ?estimony by Eaqaloyees: No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act: As used in this paragraph, the terms "laborers" and "mechanics,, include watchmen and guards. (1) Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any work week in which he or she is employed on such work to work in excess of forty hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) V~olation;.Liability for Unpaid Wages; Liquidated Dam · In the event or any vio,ation of the clause set forth in subparagr~l~Sil)of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and sub- contractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3) Withholding for Unpaid Wages and Liquidated Damages: HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts: The contractor or subcontractor shall insert in any sub- contracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include tPese clauses in any lower tier subcontracts. The prime contractor shall bE responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health andsafety: (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. -7- (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). (3) The Contractor shall include the provisions of this Article in every sub- contract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Current Davis-Bacon Wage Decision H.S. Department of Labor GENERAL WAGE DECISION NO. VA91-30 SuperseOes GenePal Wage Decision No. VAgO-30 State: VIRGINIA County(ies): ConstPuction Type: BOTETOURT and ROANOKE BUILDING Description: BUILDING CONSTRUCTION (Does not homes and apartments up to anO Modification RecorO: NO. PuOlication Date incluOe single family incluOing a stories). Page No.(s) U.~ Department of Labor VAgl-30 HVAC MECHANICS (ExcluOing Duct Work) BRICKLAYERS CARPENTERS (Excluding Acoustica~ Ceiling Instatler an~ Drywall Hanger) DRYWALL HANGERS ELECTRICIANS [RONWORKERS. Structural LABORERS: Umsk~;~e~ Mason Tenders PAINTERS (ExcluO~ng Drywall Finishers) PLUMBERS (ExcluOing HVAC Work) ROOFER5 SHEET METAL WORKERS (IncluOtng HVAC Duct WOrk) TRUCK DRIVERS BASIC HOURLY RATES 8.19 11.78 768 8,58 10.30 7.64 4.94 5.10 574 7 67 6.88 7 . 04 5.40 FRINGE BENEFITS .59 1 WELDERS - Rate for craft to w~icb we~a~ng ~s incidental. Unlistea classifications neeae~ for work not ~nc~uaeO within t~e scope proviQea in t~e laDor stanOaras contract clauses (29 CFR, 5.5 (a) (1) (~)). 1316 DEPARTMENT OF FINANCE CITY OF ROANOKE, VA. September 23, 1991 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Monthly Financial Report Attached is a copy of the financial report for the month of August, 1991. DDirector of Finance JMS/kp Attachment CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE AS OF AUGUST 31, 1991 General Contingency: Balance July 1, 1991 Ord. No. DeDsltment CMT City Clerk CMT Engineering CMT City Attorney CMT City Manager 30680 Police - Investigation Purpose Excess Maintenance Contract Funds Excess Maintenance Contract Funds Excess Maintenance Contract Funds Excess Maintenance Contract Funds Portable Radios 409,797 5,000 1,716 2,416 2,648 14,755) 406,822 Maintenance of Fixed Assets Contingency: Balance July 1, 1991 200,000 Equipment Replacement Contingency: Balance July 1, 1991 Supplemental Budgets: Balance July 1, 1991 Ord. No. Department CMT Personnel CMT Personnel Pulpose Minority Recruitment Minority Recruitment 2,100) 5,000) Total Contingency Balance $1f206r822 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Revenue Source. General Property Taxes Other Local Taxes Permits, Fees, and Licenses Fines and Forfeitures Revenue From Use of Money and Property Education Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Current Services Miscellaneous Revenue Internal Services Tntel Year to Date fo~ the Ps,od Jul 1-Aug 31 Jul 1-Aug 31 Percentage 1990-91 1991-92 of Change $ 1,295,370 $ 1,227,343 (5.25%) 3,017,470 2,965,010 (1.74%) 95,865 99,957 4.27% 103,260 94,727 (8.25%) Current Fiscal Year Revicad P~cant of Revenue Revenue Estimate Estimates Received 49,932,300 2.46% 38,694,556 7.66% 471,000 21.22% 656,000 14.44% 123,475 81,183 {34.25%) 916,740 8.86% 3,897,220 3,786,075 ( 2.85%) 32,395,386 11.69% 1,526,409 2,264,319 48.34% 24,209,638 9.35% 16,784 5,824 (65.30%) 27,000 21.57% 383,993 256,701 (33.41%) 3,215,407 7.95% 261,338 43,907 (83.20%) 168,100 26.12% 186,089 223,775 20.25% 1,730.300 12.93% $10,907,273 $1 lf047i821 1.29% ~ 7.25% 2 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date fo~ the Period Current Fiacel Year Percent of Jul 1-Aug 31 Jul 1-Aug 31 Percentage Unencumbered Revi~ed Budget 1990-91 1991-92 of Chance Balanr, e A.Dro=riafiona Obliaated Generel Government $ 1,725,506 $ 1,697,429 (1~63%) Judicial Administration 652,542 614,161 (5.88%) Public Safety 4,926,809 6,614,104 34.25% Public Works 4,532,675 5,056,663 11.56% Health and Welfare 1,728,163 2,352,195 36.11% Parks, Recreation, and Cultural 812,120 933,628 14.96% Community Development 392,535 140,855 (64.12%) Education 5,987,572 6,815,352 13.82% Debt Service 4,458,244 4,472,794 0.33% Nondepartmental 318,767 594.522 86.51% $ 6,971,974 $ 8,669,403 19.58% 2,793,255 3,407,416 18.02% 22,620,355 29,234,459 22.62% 14,655,905 19,712,568 25.65% 11,902,876 14,255,071 16.50% 2,988,120 3,921,748 23.81% 684,747 825,602 17.06% 58,992,554 65,807,906 10.36% 4,078,373 8,551,167 52.31% 2.847,463 3,441,985 17.27% 128.535,622 Total $ 25.534.933 $ 29,291.703 14.71~ 157,827.325 18.56~ 3 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF AUGUST 31, 1991 General Government Education Recreation Streets and Bridges Sanitation Projects Traffic Engineering & Communications Other Infrastructure Projects Capital Improvement Reserve Total Prior Year Currant Year Total Expanditure~ Unexpended Outetanding Unencumbered ApDroDriaflona AJ;DroDrlationa A~Dro~riaflon8 to Date Balance Enoumbran~ea Balance $ 5,459,444 $ 1,981,393 ~ 7,440,837 $ 4,457,970 $ 2,982,867 $ 1,002,515 $ 1,980,352 9,690,126 5,479,923 15,170,049 9,585,989 5,584,060 3,201,423 2,382,637 660,000 194,300 854,300 755,277 99,023 28,448 70,575 5,260,373 3,728,840 8,989,213 5,521,598 3,467.615 1,019,614 2,448.001 5,182,229 1,093,449 6.275,678 6,O00,768 274,910 62,874 212,036 1,305,076 1,305,076 1,071,724 233,352 14,555,689 4,072,446 18,628.135 2,390,626 16,237.509 4.145.090 (11.857.382} (7.712.292) (7.712,292) 46,258.027 $ 4,692.969 $ 50.950,996 ~ ~ 21r167f044 25,185 208,167 12,849,719 3,387.790 (7,712.292) 18,189.778 $ 2;9771266 4 CITY OF ROANOKE WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 1991 Operating Revenue: Commercial Sales Domestic Sales Industrial Sales Town of Vinton Roanoke County Customer Services Total Operating Revenue Less: Operating Expenses Before Depreciation Personal Services General Expenses Pumping Stations and Tanks Purification Total Operating Expenses Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Rents Miscellaneous Total Non-Operating income Income Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expense Total Non-Operating Expenses Net Income 1991 $ 250,659 315,270 18,603 539 178,165 65,967 829.203 170,756 196,793 61,616 75,020 504.1~5 325,018 119.066 205.952 17,972 1,950 3.257 23.179 229,131 $ 229.131 1990 200,068 270,729 15,779 5,217 197,374 78.416 767.583 160,755 166,902 51,390 23.591 364,945 117,1Q3 247,842 28,716 1,050 32.456 280,298 667 667 $ 279.6~1 5 WATER FUND (CONTINUED) Capital Outlay Not Included in Operating Expenses: Proiect New Services, Hydrants, Lines Unidentified Plant Replacement Fire Hydrants Expand Carvins Cove Plant FC Plans and Specs FY86 Project Design Edgewood Replacement Falling Creek Plant Rehabilitation Phase I Thirlane Road Realignment Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date $ 74,998 56,371 5O6 17,659 169,581 12,103 9,007 1,120,868 160.099 1,621,192 1.150.999 $ 470.193 NOTE: Some of these projects are continued from prior years with inception to date totals. 6 CITY OF ROANOKE SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 1991 Operating Revenue: Sewage Charges - City Sewage Charges - County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - 8otetourt County Customer Services Interfund Services Total Operating Revenue Less: Operating Expenses Before Depreciation Personal Services Operating Expenses Total Operating Expenses Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income (Loss) Add: Non-Operating Income Interest on Investments Miscellaneous Total Non-Operating Income Income (Loss) Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expense Total Non-Operating Expenses Net Income (Loss) 1991 761,603 94,136 34,309 112,835 9,750 22,668 1,754 1,037,055 259,136 664,7Q4 923,840 113,215 161,210 ( 47,995) 18,658 19.272 37,93Q ( 10,065) 1990 687,489 127,839 48,321 191,634 11,809 19,385 680 1.087,157 242,649 890.7~1 196,406 38.197 24,340 9,411 33.751 71,948 8.345 11,133 8.345 11,133 18.41Q) $ 60.815 7 SEWAGE TREATMENT FUND (CONTINUED) Capital Outlay Not Included in Operating Expenses: Project Unidentified Construction FY86 Projects Design Sewage Treatment Plant Land Acquisition Roanoke Diesel Engine #7 Realignment of Thirlane Road Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date 42,282 36,097 25,799 821,145 961,606 NOTE: Some of these projects are continued from prior years with inception to date totals. 8 CITY OF ROANOKE ROANOKE REGIONAL AIRPORT COMMISSION COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 1991 Operating Revenue: Airport Revenue General Aviation Revenue Terminal Building Revenue Total Operating Revenue Less: Operating Expenses Before Depreciation Personal Services Operating Expenses Total Operating Expenses Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income (Loss) Add: Non-Operating Income Interest on Investments interest income Airport Debt Service Accounts Miscellaneous State Promotion Grant Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expense Interest Expense 88 Revenue Bond issue Total Non-Operating Expenses Net Income (Loss) 1991 126,864 16,928 438.385 582.177 214,656 214,610 429.266 152,911 178.813 41,646 8,367 75,235 125.248 99,346 14,339 88,475 102,814 $( 3.468} 1990 $ 97,859 53,663 511.445 662,967 170,103 139,698 309.801 353,166 179,122 174,044 40,198 11,493 3,430 15,000 70.121 244,165 15,640 51.456 67,O96 177,069 9 ROANOKE REGIONAL AIRPORT COMMISSION (CONTINUED) Capital Outlay Not Included in Operating Expenses: Proiect Furniture and Equipment Vehicular Equipment Paint Hangers Unidentified Construction Roof Repairs - Replacement Refurbish Buildings Replace Security Fencing Runway Extension //23 Terminal Final Expenditure General Aviation Development FAR Part 150 Noise Study Airport Ramp Light/Pullbox Airport Perimeter Road Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date $ 4,864 13,957 2,750 9,269 18,553 7,586 9,780 283,886 8,667 41,847 122,798 9,450 32,4,~0 565,857 $ 249.536 NOTE: Some of these projects are continued from prior years with inception to date totals. 10 CITY OF ROANOKE CIVIC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 1991 Operating Revenue: Rentals Parking Fee Event Expenses Advertising Admissions Tax Commissions Total Operating Revenue Less: Operating Expenses Before Depreciation Operating: Personal Services Utilities and Communications Administrative Expenses Promotional Expenses: Personal Services Services and Charges Total Operating Expenses Before Depreciation Operating (Loss) Before Depreciation Less: Depreciation Operating (Loss) Add: Non-Operating income interest on Investments Miscellaneous Total Non-Operating income Net (Loss) 1991 $ 63,980 12,202 30,126 20O 18,132 16.6~ 141,299 107,193 55,023 121,183 13,322 1,204 297,925 156,626) 216,549) 1990 60,757 20,320 565 15,461 1~,47~ 113,579 104,830 37,158 139,791 8,135 1,277 291,191 (177,612) 58,447 I 236,0591 ( 1,405) 7,201 1,199 5,931 ( 206) ~ $( 216.755) ~ 11 CIVIC CENTER FUND (CONTINUED) Capital Outlay Not Included in Operating Expenses: Project Other Equipment Trade Center Asbestos Abatement Auditorium Fire Damage New Toilet Floors - Coliseum Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Exoenditure~ $ 12,930 50,000 213,585 581,972 22 422 880,909 867.979 $ 12.93~ NOTE: Some of these projects are continued from prior years with inception to date totals. 12 CITY OF ROANOKE TRANSPORTATION FUND INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 1991 Operating Revenue: Wiliiamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Surface Parking Lots Total Operating Revenue Less: Operating Expenses Before Depreciation Operating Expenses Total Operating Expenses Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Transfer from General Fund Interest on Investments Miscellaneous Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expenses Operating Subsidy for GRTC Total Non-Operating Expenses Net Income 1991 41,192 35,424 74,455 9,819 160,889 57.388 57,388 103,501 62,924 40,577 300,000 750) 66 299.316 339,893 200.000 200.000 $ 139.893 13 CITY OF ROANOKE INTERNAL SERVICE FUND COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 1991 Operating Revenue: Charges for Services Total Operating Revenue Less: Operating Expenses Before Depreciation Personal Services Operating Expenses Total Operating Expenses Before Depreciation Operating income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Total Non-Operating Income Net Income 1991 1.244,642 795,612 1,091.674 152,968 102,071 50,897 24,781 24,781 $ 75.678 199Q 1,263,847 1.263,847 760,374 1,072,226 191,621 106,319 22.920 22.920 14 INTERNAL SERVICE FUND (CONTINUED) Capital Outlay Not Included in Operating Expenses: Pro|ect Management Services - Furniture and Equil~ment City Information Systems - Automated Library Equipment Fleet Management - Other Equipment Utility Lines Services - Furniture and Equipment Total Year to Date Exoenditures $ 5,046 8,261 1,790 1,292 16.389 15 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED AUGUST 31, 1991 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY THE MONTH ENDED AUGUST 31, 1991. FUND BALANCE AT RECEIPTS D)$~S BALANC~ AT B~,LANCE AT -- JULY 31 19gl GENERAL $10,280,201.67 $8.570.703.36 $13.022,524.06 ,$5,828,380.§7 $2.751 915.21 WATER 1.879.011.55 211.427.76 392,428.29 $1,698,011,02 2.007,731.08 SEWAGE 1.842,286.85 920.002.64 942.321.23 $1,819,988.26 2.075,082.38 AIRPORT 4.524. 025,42 243.734.90 469.250.47 ~¢~-,298.,'509.86 3.318.852.35 CIVIC CENTER (183.696.44) 56.992,35 179.729.44 (;$306,433.§G) 455.660,02 INTERNAL SERVICE 2,767,692.74 111.129.35 160,551.84 $~?~8,270,1~ ~ ,902,802.53 TRANSPORTATION (39,525.96) 77.819,54 134,750.21 ('$96,456.63) 0.00 CAPITAL 12,587.214.46 1.674,855.36 914.990.29 $13, 347,079.5,3 18.994,564.27 DEBT SERVICE 6.499.750.48 0,00 3.530.2t0.39 $2,96~.540,09 632.777.58 PENSIOt~ (13.011.87) 556.000,00 682,615.04 ($139,626,91) (41,617,75) FD ETC ¢22.239.31 ) 18.953.92 316.749.61 ($~c,0~035.00) (158.432.36) GRANT PROGRAMS H6,356.72) 798,731.45 555.739.60 $196,685.13 (420,465.79) PAYROLL ~5,185,946.68) 8,662,031.20 7.6~49,090,35 f$4.173.005,833 ~4,244,308.95) TOTAl. $34,889.406,19 $21.902.381.81 $28.950.950.92 $2'7.272.560.57 CERTIFICATE ~ HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE cI'rY OF ROANOKE, VIRGINIA. FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDING AUGUST 31, 1991 THAT SAID FOREGOING: CASH: CASHIN HAND CASHIN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: CERTIFICATES OF DEPOSIT CENTRAL FIDELITY DOMINION TOTAL DATE: SEPTEMBER 9, 1991 UNITED STATES SECURITIES $10,500,000.00 16.300,000.00 lO;S0o~ooo?o 16,300,000;00 GORDON E. PETERS, ROANOKE CITY TREASURER 16 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 2 MONTHS ENDING AUGUST 31, 1991 Revenue City's Contributions Investment Income Gain (Loss) on Sale of Investments Income from Bond Discount Amortization Total Revenue 1991 $ 563,216 ( 68,1871 817,841 $ 1.345,642 (1) 1990 $ 757,281 ( 92,802) 177,464 32,328 $ 874.271 (2) Exoense~ Pension Payments Fees for Professional Services Active Service Death 9enefit Expense From Bond Premium Amortization Administrative Expense Total Expenses Net {Loss) Year to Date 1,083,546 15) 31,567 1.838 1,116.936 228.7O6 (1) $ 948,406 301 11,644 27,308 5,420 $ 993,079 $( 118.808! (1) Reversal of accruals as of June 30, 1991 (2) Reversal of accruals as of June 30, 1990 17 CITY OF ROANOKE PENSION PLAN BALANCE SHEET AS OF AUGUST 31, 1991 Assets Cash Investments: (market value - Due From Other Funds Other Assets Total Assets 1991 $129,462,342 1990 $107,372,094) $( 1991 1990 141,007) $( 52,786) 114,179,378 104,765,008 710 12 18,00Q $ 114.057.081 104.712.234 Liabilities end Fund Balance Due to Other Funds Total Liabilities Fund Balance, July 1 Net Income (Loss) Year to Date Fund Balance Total Liabilities and Fund Balance $ 541,216 $ 407,322 541,216 ~ $ 113,287,159 $ 104,423,720 228,706 ( 118,808} 113,515.865 104.304.912 $ 114.057.081 $ 104712 234 18 MARY F. PARKER City Clerk CITY OF ROANOKI OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 September 25, 1991 File #27 SANDRA H. EAKIN Deputy City Clerk Mr. Donald Dye Project Engineer J. P. Turner & Brothers, Inc. P. O. Box 627 Salem, Virginia 24153 Dear Mr. Dye: I am enclosing copy of Ordinance No. 30723-92391 accepting the bid of J. P. Turner and Brothers, Incorporated, for construction of Neighborhood Storm Drain Projects: Walnut Avenue Bridge, S. E., Fleming Avenue, N. W., and Plantation Road, N. E., in the total amount of $144,641.00, upon certain terms and conditions. Ordinance No. 30723-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa Eric o MARY F. PARKER City Clerk CITY OF ROANOKI OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 September 25, 1991 File #27 SANDRA H. F. AKIN Deputy City Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30723-92391 accepting the bid of J. P. Turner and Brothers, Incorporated, for construction of Neighborhood Storm Drain Projects: Walnut Avenue Bridge, S. E., Fleming Avenue, N. W., and Plantation Road, N. E., in the total amount of $144,641.00, upon certain terms and conditions. Ordinance No. 30723-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. Sincerely, Sandra H. Eakin Deputy City Clerk SHE: va Enc. pc: Mr. Joel M. Schlanger, Director of Finance 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. Jesse H. Perdue, Jr., Manager, Utility Line Services Mr. Barry L. Key, Manager, Office of Management and Budget MARY F. PAR.I~_,R City Clerk CITY OF ROANOKi OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, ~rtrginia 24011 Telephone: (703)981-2541 September 25, 1991 File #27 SANDRA H. EAKIN Deput-] City Clerk Mr. Carter M. Coffey President Action Contracting Company, Inc. 7537 Milk-A-Way Drive, N. E. Roanoke, Virginia 24019 Dear Mr. Coffey: I am enclosing copy of Ordinance No. 30723-92391 accepting the bid of J. P. Turner and Brothers, Incorporated, for construction of Neighborhood Storm Drain Projects: Walnut Avenue Bridge, S. E., Fleming Avenue, N. W., and Plantation Road, N. E., in the total amount of $144,641.00, upon certain terms and conditions. Ordinance No. 30723-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa Eno. MARY F. PARKER Cit~ Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 September 25, 1991 File #27 SANDRA H. EAI(IN Deputy Civy Clerk Mr. John A. Hall President John A. Hall & Company, Inc. 4925 Starkey Road, S. W. Roanoke, Virginia 24014 Dear Mr. Hall: I am enclosing copy of Ordinance No. 30723-92391 accepting the bid of J. P. Turner and Brothers, Incorporated, for construction of Neighborhood Storm Drain Projects: Walnut Avenue Bridge, S. E., Fleming Avenue, N. W., and Plantation Road, N. E., in the total amount of $144,641.00, upon certain terms and conditions. Ordinance No. 30723-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa Enc. MARY F. PARKER City Clerk CITY OF ROANOKI - OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 September 25, 1991 File #27 SANDI~ H. EAKIN Deputy City Clerk My. John W. Douthat Vice President Allegheny Construction Company, Inc. 2920 Nicholas Avenue, N. E. Roanoke, Virginia 24012 Dear Mr. Douthat: I am enclosing copy of Ordinance No. 30723-92391 accepting the bid of J. P. Turner and Brothers, Incorporated, for construction of Neighborhood Storm Drain Projects: Walnut Avenue Bridge, S. E., Fleming Avenue, N. W., and Plantation Road, N. E., in the total amount of $144,641.00, upon certain terms and conditions. Ordinance No. 30723-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:va Enc. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke. V'wginia 24011 Telephone: (703)981-2541 September 25, 1991 File #27 SANDRA H. F-AKIN Deputy City Clerk Mr. Wayne A. Dixon, P.E. President Dixon Contracting, Inc. P. O. Box 108 Fincastle, Virginia 24090 Dear Mr. Dixon: I am enclosing copy of Ordinance No. 30723-92391 accepting the bid of J. P. Turner and B rothere, Incorporated, for construction of Neighborhood Storm Drain Projects: Walnut Avenue Bridge, S. E., Fleming Avenue, N. W., and Plantation Road, N. E., in the total amount of $144,641.00, upon certain terms and conditions. Ordinance No. 30723-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa Enc. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke. Vh'ginia 24011 Telephone: (703)981-2541 September 25, 1991 File//27 F~hNq)RA H. F. AKIN Deputy City Clerk Mr. E. C. Pace, III President E. C. Pace Company, Inc. P. O. Box 12685 Roanoke, Virginia 24027 Dear Mr. Pace: I am enclosing copy of Ordinance No. 30723-92391 accepting the bid of J. P. Turner and Brothers, Incorporated, for construction of Neighborhood Storm Drain Projects: Walnut Avenue Bridge, S. E., Fleming Avenue, N. W., and Plantation Road, N. E., in the total amount of $144,641.00, upon certain terms and conditions. Ordinance No. 30723-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. On behalf of the Mayor and Members of City Council, ! would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa Ene. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 September 25, 1991 File #27 SANDllA H. F-AIiJN Deputy City Clerk Mr. Larry G. Conner President Aaron J. Conner General Contractor, Inc. P. O. Box 6068 Roanoke, Virginia 24017 Dear Mr. Conner: I am enclosing copy of Ordinance No. 30723-92391 accepting the bid of J. P. Turner and Brothers, Incorporated, for construction of Neighborhood Storm Drain Projects: Walnut Avenue Bridge, S. E., Fleming Avenue, N. W., and Plantation Road, N. E., in the total amount of $144,641.00, upon certain terms and conditions. Ordinance No. 30723-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, Sandra H. Eakin Deputy City Clerk SHE: ra Eno. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 September 25, 1991 File #27 ~INDRA H. F. AKIN Deputy City Clerk Mr. Stephen C. Rossi President S. C. Rossi & Company, Inc. 1410 - 16th Street, S. E. Roanoke, Virginia 24014 Dear Mr. Rossi: I am enclosing copy of Ordinance No. 30723-92391 accepting the bid of J. P. Turner and Brothers, Incorporated, for construction of Neighborhood Storm Drain Projects: Walnut Avenue Bridge, S. E., Fleming Avenue, N. W., and Plantation Road, N. E., in the totai amount of $144,641.00, upon certain terms and conditions. Ordinance No. 30723-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, Sandra H. Eakin Deputy City Clerk SHE: ra Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, The 23rd Day of September, 1991. No. 30723-92391. VIRGINIA, AN ORDINANCE accepting the bid of J. P. Turner and Brothers, Incorporated, for construction of Neighborhood Storm Drain Project: Walnut Avenue Bridge, S.E., Fleming Avenue, N.W., and Plantation Road, N.E., upon certain terms and conditions, and awarding a contract therefore; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE follows: 1. IT ORDAINED by the Council of the City of Roanoke as The bid of J. P. Turner and Brothers, Incorporated, made to the City in the total amount of $144,641.00, for construction of Neighborhood Storm Drain Projects: Walnut Avenue Bridge, $.E., Fleming Avenue, N.W., and Plantation Road, N.E., as more particularly set forth in the September 23, 1991 report of the City Manager to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. municipal ordinance In order to provide for the usual daily operation of the government, an emergency is deemed to exist, and this shall be in full force and effect upon its passage. ATTEST: City Clerk. MARY F, PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 September 25, 1991 File #27-60 SANDRA H. EAKIN Delmt~ Cit~ Clerk Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30722-92391 amending and reordaining certain sections of the 1991-92 Capital Fund Appropriations, providing for transfer of $150,415.00, in connection with the construction of neighborhood storm drain facilities at Walnut Avenue, S. E. bridge, Fleming Avenue, N. W., and Plantation Road, N. E. Ordinance No. 30722-92391 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 23, 1991. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa 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. Jesse H. Perdue, Jr., Manager, Utility Line Services Mr. Barry L. Key, Manager, Office of Management and Budget ~N THE COUNCIL OF THE C~TY OF RO~NO~E~ V~R~IN~ The 23rd Day of September, 1991. No. 30722-92391. AN ORDINANCE to amend and reordain certain sections of the 1991-92 Capital 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 1991-92 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Sanitation Neighborhood Storm Drains - 91 (1) ................ Capital Improvement Reserve Public Improvement Bonds Series 1988 (2) .......... $ 6,426,093 150,415 (7,862,707) 584,622 1) Appropriations from Bonds 2) Storm Drains (008-052-9674-9001) $ 150,415 (008-052-9603-9176) (150,415) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. CITY CL ?~S C~'?~C~ '91 SE~ 18 ~ Roanoke, Virginia September 23, 1991 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Neighborhood Storm Drain Projects: Walnut Avenue Bridge, S.W., Fleming Avenue, N.W. and Plantation Road, N.E. Roanoke, Virginia I concur with the recommendations of the attached Bid Committee Report. WRH/CMH/mm cc: Respectfully submitted, W. Robert Herbert City Manager City Attorney Director of Finance Director of Public Works Director of Utilities & Operations City Engineer Citizens' Request for Service Construction Cost Technician Roanoke, Virginia September 23, 1991 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Neighborhood Storm Drain Projects: Walnut Avenue Bridge, S.W., Fleming Avenue, and Plantation Road, N.E. Roanoke, Virginia NoW· Background: Bids, following proper advertisement, were publicly opened and read aloud before City Council on August 12, 1991, for the construction of Neighborhood Storm Drain facilities in the following areas: Walnut Avenue Bridge, S.W., Fleming Avenue, N.W., and Plantation Road, N.E. This project represents the third project toward addressing the 1990-94 Capital Improvement Program-Neighborhood Priority - Phase II program. Projects now completed were 14th Street (1200 block), S.E. and Westside Boulevard (1600 block), N.W. Two more projects are anticipated to complete this program. Eight (8) bids were received with J. p. Turner and Brothers, Incorporated of Salem, Virginia, submitting the low bid in the amount of $144,641.00 and one hundred fifty (150) consecutive calendar days. Ce Three (3) projects consist of the following work: Walnut Avenue Bridge, S.W. consists of the installation of 492 linear feet of 18" reinforced concrete pipe and necessary appurtenances to eliminate two cross- connections of stormwater runoff directly entering the sanitary sewer system and to deliver the stormwater runoff to its natural flow channel. Page 2 II. III. Fleming Avenue, N.W. - consists of installation of 664 linear feet of 15" reinforced concrete pipe and necessary appurtenances to deliver stormwater runoff, that previously accumulated in the street endangering traffic flow and nearby residences, to the existing storm drain system. Plantation Road, N.E. - consists of the installation of 2,368 linear feet of 18" reinforced concrete pipe and necessary appurtenances to deliver stormwater runoff, that previously accumulated in the street and endangered traffic and four (4) nearby businesses, to the existing storm drain system. Issues in order of importance are: Compliance of bidders with the requirements of the contract documents. B. Amount of the low bid. C. Fundinq for the project. D. Time of completion· Alternatives are: Award a unit price contract to J. P. Turner and Brothers, Incorporated of Salem, Virginia, in the amount of $144,641.00 and 150 consecutive calendar days for the construction of Neighborhood Storm Drain facilities: Walnut Avenue Bridge, S.W., Fleming Avenue, N.W., and Plantation Road, N.E. in accordance with the contract documents prepared by the Office of the City Engineer. Compliance of the bidders with the requirements of the contract documents was met. Amount of the low bid is acceptable. The bid is 54% below the project estimate of $265~000.00. low Page 3 Fundinq for the project is available in the Capital Projects Fund - Public Improvement Bonds Series - 1988 Storm Drains, Account Number 008-052-9603-9176. Time of completion is 150 consecutive calendar days which is acceptable. Reject all bids and do not award a contract at this time. Compliance of the bidders with the requirements of the contract documents would not an issue. Amount of the low bid would probably increase if rebid at a later date. 3. Fundinq would not be encumbered at this time. IV. 4. Time of completion would be extended. Recommendation is that City Council take the following action: A. Concur with the implementation of Alternative "A". Authorize the City Manager to enter into a contractual agreement, in form approved by the City Attorney, with J. P. Turner and Brothers, Incorporated for the construction of Neighborhood Storm Drain Projects: Walnut Avenue Bridge, S.W., Fleming Avenue, N.W., and Plantation Road, N.E. in accordance with the contract documents as prepared by the Office of the City Engineer in the amount of $144,641.00 and 150 consecutive calendar days. Authorize the Director of Finance to transfer the following funding for this project: Account #008-052-9603-9176 Contract Amount Project Contingency to an account Drains - 91. $144,461.00 5~954.00 TOTAL $150,415.00 to be entitled Neighborhood Storm Page 4 Reject the other bids received. Respectfully submitted, William White, Sr., Chairman William F. Clark Kit B. Kiser WW/CMH/mm Attachment: Tabulation of Bids cc: City Attorney Director of Finance City Engineer Manager, Utility Line Services Citizens' Request for Service Construction Cost Technician TABULATION OF BIDS NEIGHBORHOOD STORM DRAIN PROJECTS WITH SEGMENTS AT WALNUT AVENUE BRIDGE, FLEMING AVENUE, AND PLANTATION ROAD, FOR CITY OF ROANOKE, VIRGINIA JOB NO. 6179 Bids opened before Roanoke City Council at its meeting on Monday, August 12, 1991 at 7:00 p.m. BIDDER I BASE BID I TIME* I BOND J. P. Turner and $144,461.00 150 YES Brothers, Incorporated Dixon Contracting, Inc. $164,886.00 150 YES Aaron J. Conner, $199,247.50 150 YES General Contractor, Inc. John A. Hall & Co., Inc. $199,670.72 150 YES S. C. Rossi & Company, Inc. $205,156.50 150 YES E. C. Pace Co., Inc. $208,718.20 150 YES Action Contracting Co., Inc. $211,785.00 150 YES Allegheny Construction $267,897.00** 150 YES Co., Inc. * Consecutive Calendar Days ** Bid was for $267,907.00. amount of bid. Mathematical errors have changed Engineer's Estimate: $265,000.00 W~'lliam White, Sr., Chairman William F. Clark Kit B. Kiser Office of City Engineer Roanoke, Virginia September 23, 1991 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Ci~urch Avenue, S.W.. Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 August 20, 1991 File #27 ~tNDRA H. EAKIN Deputy City Clerk Mr. William White, Chairman Mr. Kit B. Kiser Mr. William F. Clark Gentlemen: The following bids for neighborhood storm drain projects with segments at Walnut Avenue bridge, Fleming Avenue, N. W. and Plantation Road, N. E., were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, August 12, 1991: BIDDER TOTAL PROJECT BID J. P. Turner & Brothers, Inc. Dixon Contracting, Inc. Aaron J. Conner General Contractor,Inc. J. A. Hall & Company, Inc. S. C. Rossi & Company, Inc. E. C. Pace Company, Inc. Action Contracting Co., Inc. Allegheny Construction Co., Inc. $ 144,641.00 164,886.00 199,247.50 199,760.72 205,156.50 208,718.20 211,785.00 267,907.00 On motion, duly seconded and adopted, the bids were referred to you for tabulation, report and recommendation to Council. Sincerely, ~~.... Mary F. Parker, CMC/AAE City Clerk MFP: gd pc: Mr. Wilburn C. Dibling, Jr., City Attorney M.~qY F. P~ City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, xru'ginia 24011 Telephone: (703)981-2541 September 25, 1991 File #514 SANDRA H. Es. KIN Deputy City Clerk Mr. David C. Helseher Attorney 3912 Electric Road, S. W. Roanoke, Virginia 24018 Dear Mr. Helscher: I am enclosing copM of Ordinance No. 30691-92391 permanently vacating, discontinuing and closing a portion of Gregory Avenue, N. E., between Cherokee Street and Rhodes Avenue. Ordinance No. 30691-92391 was adopted by the Council of the City of Roanoke on first reading on Monday, September 9, 1991, also adopted by the Council on second reading on Monday, September 23, 1991, and will take effect ten days following the date of its second reading. Sincerely, Sandra H. Eakin --/ Deputy City Clerk SHE:fa Enc. pc: Nelson Limited Partnership, P. O. Box 13046, Roanoke, Virginia 24030 Harry B. Hill, Inc., 2968 Orange Avenue, N. E., Roanoke, Virginia 24012 Mr. W. Robert Herbert, City Manager Mr. Wflburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney The Honorable Jerome S. Howard, Jr., Commissioner of Revenue Ms. Nadine C. Minnix, Acting Director of Real Estate Valuation Mr. Charles A. Price, Jr., Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Edward R. Tucker, City Planner Ms. Doris Layne, Office of Real Estate Valuation M~Mk'Y F, P~J~R CiW Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, V~rginia 24011 Telephone: (703)981-2541 September 25, 1991 File #514 SANDRA H. EAKIN Deputy City Clerk The Honorable A. Dale Hendrick Clerk, Circuit Court Roanoke, Virginia 24011 Dear Mr. Hendrick: I am enclosing copy of Ordinance No. 30691-92391 for proper recordation in your office, providing for thee permanent vacating, discontinuing and closing of a portion of Gregory Avenue, N. E., between Cherokee Street and Rhodes Avenue. Ordinance No. 30691-92391 was adopted.by the Council of the City of Roanoke on first reading on Monday, September 9, 1991, also adopted by the Council on second reading on Monday, September 23, 1991, and will take effect ten days following the date of its second reading. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:va gnc. pc: Mr. David C. Helscher, Attorney, 3912 Electric Road, S. W., Roanoke, Virginia 24018 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd Day of September, 1991. No. 30691-92391. AN ORDINANCE permanently, vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, Mary Louise Stotler has filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by ~30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council. WHEREAS, a public hearing was held on said application by the City Council on September 9, 1991, after due and timely notice thereof as required by ~30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right- of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: A 50' wide portion of Gregory Avenue, N.E., between Cherokee Street, N.E., and Rhodes Avenue, N.E., all as shown on Sheet Number 305 of the Appraisal Map of the City of Roanoke. be, and hereby is, permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right- of-way, reserving however, to the City of Roanoke and any public util- ity, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, struc- ture or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other uti- lity or facility by the owner thereof. BE IT FURTHER ORDAINED that the closure of the above-described right-of-way is conditioned upon applicant's providing to the City an RECEIVED CITY CLEF',I!S_' '91 AUG 21 A11:58 Roanoke City Planning Commission September 9, 1991 The Honorable Noel C. Taylor,Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request of Mary Louise Stotler to close and vacate a portion of Gregory Avenue, N.E., between Cherokee Street and Rhodes Avenue, N.E. I. Background: ae Section of Gregory Avenue, N.E., extending from Hollins Road N.E. to Rhodes Avenue N.E., is undeveloped. Portion of Gregory Avenue N.E., as requested for closure is a part of this platted, but undeveloped right-of-way. Complaint received by the City Engineering Department in early 1991, revealed that the right-of-way sought to be closed was being filled and graded for the purpose of providing additional parking and maneuvering area for the abutting land tenant (R.E. Trucking Company). Erosion and Sediment Control Plan was subsequently submitted to the City for review and approval. City is currently reviewing this plan. II. Current Situation Application was reviewed by the Planning Commission at its regular meeting of August 7, 1991. Applicant owns the property identified as official tax number 3050903 (1007 Cherokee Street) which is occupied Room 355 Municipoi Building 215 Church Avenue, S.W. Roanoke, Virginia 24041 (703) 98t-2344 III. by R.E. Trucking Company· Nelson Limited Partnership owns the property identified as tax parcel 3051106 (901 llth Street, N.E.). Harry B. Hill owns the property identified as tax parcel 3050817 (1002 Cherokee Street). The location of those parcels are shown on attached map Portion of street requested for closure is situated on steep and sloping terrain. Issues: Community Impact: Closure would have little if any effect on the immediate community. B. Traffic Impact: Closure would not affect traffic or traffic needs in the area. C. Utilities within the public riqht-of-way: 1. City has no utilities within the right-of-way. Appalachian Power Company has utility lines within the right-of-way. Creation of a dead-end street: Closure would not create a dead-end street. Land use: Closure would create a parcel that would be 50' wide and 420' long. Property is zoned HM, Heavy Manufacturing. HM zoning district regulation requires that "the minimum lot frontage shall be one hundred (100) feet. Closure without resubdivision would create a sub- standard parcel. Land within the right-of-way (if vacated) should be combined with abutting property. Relationship to the Comprehensive Plan: Request is consistent with the intent of the comprehensive plan, that available land should be used in the most appropriate manner. Recommendation The Planning Commission, by a vote of 7-0, recommends to City Council that the applicants request to close and vacate the subject portion of Gregory Avenue, N.E. be approved, subject to the following conditions: That the applicant agrees to have prepared and submitted to the City for review, approval and recordation, a plat of subdivision providing for the disposition of the land within the vacated right-of-way and providing for any and all necessary easements. Members of the Commission Page 3 That if the above plat of subdivision has not been submitted, approved and recorded within a period of twelve (12) months from the date of any ordinance providing for the subject closure, then said ordinance shall become null and void, with no further action by City Council being necessary. The above recommendation is based on the following conclusions: A. Street section has remained undeveloped for many years. City has no current or future plans to utilize this undeveloped street section. Closure will return the land within the undeveloped right-of-way to a taxable status and will relieve the City of future maintenance costs (weed cutting, etc.). Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission JRM:ERT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Attorney for the Petitioner IN THE IN RE: RECE)VED CITY r~I E~')~ r~= rr 19 P4:38 PETITION OF MARY LOUISE STOTLER FOR VACATION OF GREGORY AVENUE, N.E.,(50' WIDE BETWEEN CHEROKEE STREET, N.E. AND RHODES AVENUE, N.E. MEMBERS OF COUNCIL: Your Petitioner, Mary Louise have a portion of Gregory Avenue, AMENDED PETITION FOR VACATING, DISCONTINUING AND CLOSING A PORTION OF GREGORY AVENUE, N.E. Stotler, by counsel, applies to N.E., in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code S15.1-364 and S30-14, Code of the City of Roanoke (1979) as amended. This portion of Gregory Avenue, N.E. is more particularly described on the attached portion of the Roanoke City Tax Map Sheet 305 and is more particularly described as follows: See Exhibit A attached. Your Petitioner in support of this Petition for Vacation would respectfully represent as follows: 1. That she is the owner of a certain 1.847 acre tract which is bounded on the north by McDowall Avenue, on the west by Cherokee Street, on the east by Rhodes Avenue, and on the south by Gregory Avenue, and shown on the attached portion of Roanoke City Tax Map, Sheet 305 as parcel #3050903, formerly known as Lots 3-37, Block 2, Crozier Map, which parcel also includes a closed alley formerly running between Cherokee Street and Rhodes Avenue, which alley was closed by ordinance of Roanoke City Council #12932. 2. That Nelson Limited Partnership (hereinafter "Nelson") is the owner of a certain 6.222 acre tract of land which lies along the southerly side of that portion of Gregory Avenue, N.E., which Petitioner proposes to vacate by this Petition and, Nelson has agreed to the closing of the subject part of Gregory Avenue, N.E., and in the event that City Council agrees to grant Petitioner's request to vacate said portion of Gregory Avenue, all of the land within the bounds of this 50 foot wide right-of-way be conveyed to the Petitioner. 3. All land owners whose property adjoins said street, have been notified of this application and Petitioner is not aware of any objection to her petition. 4. The portion of Gregory Avenue, N.E. which Petitioner has requested be vacated is not currently, nor has it ever been, used as a street, nor are there any utility lines located within the bounds of same. This area of Gregory Avenue is occupied in large part by a steep slope and is overgrown with honeysuckle and other natural vegetation with the exception of a portion of the street which is being utilized by Petitioner as a portion of parking area which serves the truck terminal located on her property. Through inadvertence a recent extension of the parking lot extended over into the Gregory Avenue right-of-way and Petitioner would cure the encroachment by the proposed vacation. WHEREFORE your Petitioner respectfully requests that the above-described portion of Gregory Avenue, N.E. (50 feet wide) lying between Cherokee Street, N.E. and Rhodes Avenue, N.E. be permanently vacated by the Council of the City of Roanoke, 2 Virginia, in accordance with Virginia Code S15.1-364 and S30-14 Code of the City of Roanoke (1979) as amended. Respectfully submitted, MARY LOUISE STOTLER By: Of Counsel Date: August 19, 1991 David C. Helscher Jolly, Place, Fralin & Prillaman, 3912 Electric Road, S.W. Roanoke, VA 24018 (703)989-0000 Counsel for Petitioner PoCo 3 ClT' .o^, OCATIO i N III m i In AD NUMBER - 62111H52 PUBLISHER'S EEE - S92,00 DAVID C HELSCHER 3912 ELECTRIC RD P 0 bOX 20487 ROANOKE VA 2~018 REC£~VEO CITY Ct. ERieS (!=F~CE STATE OE VIRGINIA CITY CF ROANOKE AFFIDAVIT OF PUBLICATION I, (THE UNOERSIGNEOI AN AUTHORIZED REPRESENTATIVE OF THE TI~ES-w£RLD COR- PORATION, wHICH CORPORATION IS PUbLISHeR OF THE ROANOKE TIMES & wCRLD-NE~S, A DAILY NEWSPAPER PUBLISHED IN ROANOKE, iN THE STATE OF VIRGINIA~ D~ CERTIFY THA~ THE ANNEXEO NOTICE wAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 08/23/91 MORNING & EVENING 08/30/91 MORNING & EVENING ~ITNESS~ THIS 2ND DAY OF SEPTEMBERI991 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, September 9, 1991, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on an application to permanently abandon, vacate, discontinue and close the following public right-of-way: A 50' wide portion of Gregory Avenue, N.E., between Cherokee Street, N.E., and Rhodes Avenue, N.E. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. Ail parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 215t day of August , 19 91. Mary F. Parker, City Clerk Please publish in full twice, once on Friday, August 23, 1991, and once on Friday, August 30, 1991, in the Roanoke Times and World News, Morning Edition. Please send publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Please bill to: Mr. David C. Helscher, Attorney 3912 Electric Road, S. W. Roanoke, Virginia 24018 MARY F. PARLOR City Clerk CITY OF ROANOKF. OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke. Virginia 24011 Telephone: (703)981-2541 August 22, 1991 File #51 SANDRA H. EAION Deputy City Clerk Mr. Charles A. Price, Jr., Chairman City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys~ fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended application from Mr. David C. Helscher, Attorney, representing Ms. Mary Louise Stotler, requesting that a tract of land located on Gregory Avenue, N. E., containing 1.847 acre, identified as Official Tax No. 3050903, be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Ene. pc: Mr. David C. Helscher, Attorney, 3912 Electric Road, S. W., Roanoke, Virginia 24018 Mr. John R. Marlies, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. Edward R. Tucker, City Planner Mr. Steven J. Talevi, Assistant City Attorney IN RE: IN THE COUNCIL OF THE RECEIVED CITY CLEP~$ { ~FiCE RoAMoKE V .G NIA PETITION OF MARY LOUISE STOTLER FOR VACATION OF GREGORY AVENUE, N.E.,(50' WIDE BETWEEN CHEROKEE STREET, N.E. AND RHODES AVENUE, N.E. MEMBERS OF COUNCIL: AMENDED PETITION FOR VACATING, DISCONTINUING AND CLOSING A PORTION OF GREGORY AVENUE, N.E. Your Petitioner, Mary Louise Stotler, by counsel, applies to have a portion of Gregory Avenue, N.E., in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code §15.1-364 and S30-14, Code of the City of Roanoke (1979) as amended. This portion of Gregory Avenue, N.E. is more particularly described on the attached portion of the Roanoke City Tax Map Sheet 305 and is more particularly described as follows: See Exhibit A attached. Your Petitioner in support of this Petition for Vacation would respectfully represent as follows: 1. That she is the owner of a certain 1.847 acre tract which is bounded on the north by McDowall Avenue, on the west by Cherokee Street, on the east by Rhodes Avenue, and on the south by Gregory Avenue, and shown on the attached portion of Roanoke City Tax Map, Sheet 305 as parcel #3050903, formerly known as Lots 3-17, Block 2, Crozier Map, which parcel also includes a closed alley formerly running between Cherokee Street and Rhodes Avenue, which alley was closed by ordinance of Roanoke City Council #12932. 2. That Nelson Limited Partnership (hereinafter "Nelson") is the owner of a certain 6.222 acre tract of land which lies along the southerly side of that portion of Gregory Avenue, N.E., which Petitioner proposes to vacate by this Petition and, Nelson has agreed to the closing of the subject part of Gregory Avenue, N.E., and in the event that City Council agrees to grant Petitioner's request to vacate said portion of Gregory Avenue, all of the land within the bounds of this 50 foot wide right-of-way be conveyed to the Petitioner. 3. All land owners whose property adjoins said street, have been notified of this application and Petitioner is not aware of any objection to her petition. 4. The portion of Gregory Avenue, N.E. which Petitioner has requested be vacated is not currently, nor has it ever been, used as a street, nor are there any utility lines located within the bounds of same. This area of Gregory Avenue is occupied in large part by a steep slope and is overgrown with honeysuckle and other natural vegetation with the exception of a portion of the street which is being utilized by Petitioner as a portion of parking area which serves the truck terminal located on her property. Through inadvertence a recent extension of the parking lot extended over into the Gregory Avenue right-of-way and Petitioner would cure the encroachment by the proposed vacation. WHEREFORE your Petitioner respectfully requests that the above-described portion of Gregory Avenue, N.E. (50 feet wide) lying between Cherokee Street, N.E. and Rhodes Avenue, N.E. be permanently vacated by the Council of the City of Roanoke, 2 Virginia, in accordance with Virginia Code S15.1-364 and ~30-14 Code of the City of Roanoke (1979) as amended. Date: August 19, 1991 David C. Helscher Jolly, Place, Fralin & Prlllaman, 3912 Electric Road, S.W. Roanoke, VA 24018 (703)989-0000 Counsel for Petitioner By: Respectfully submitted, MARY LOUISE STOTLER Of Counsel P0Co 3 owner or address: Parcel 3051106 RECEIVED CITY CLERKS ~FFICE TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA P~RTAINING TO THE STREET CLOSURE O~: 91 JUL31 P2:11 Request from Mary Louise Stotler that a portion of ) Gregory Avenue, N.E., between Cherokee Street, N.E.)AFFIDAVIT and Rhodes Avenue, N.E., be permanently, vacated, ) discontinued and closed. ) COMMONWEALTH OF VIRGINIA) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is secretary to the Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 29th day of July, 1991, notices of a public hearing to be held on the 7th day of August, 1991, on the street closure captioned above to the agent of the parcels listed below at their last known Owner, Agent or Occupant Nelson Limited Partnership Address 3050817 Harry B. P. O. Box 13046 Roanoke, VA 24030 Hill, Inc. 2968 Orange Avenue, NE Roanoke, VA 24012 Ma~tha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, City of Roanoke, Virginia, this 29th day of July, 1991. Notary Public in the My Commission Expires: MARY F. PARKER City Clerk CITY OF ROANOKF OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 September 25, 1991 File #51 SANDRA H. EAKIN Deputy City Clerk Mr. Donald L. Wetherington Attorney P. O. Box 90 Roanoke, Virginia 24002 Dear Mr. Wetherington: I am enclosing copy of Ordinance No. 30692-92391 rezoning three parcels of land lying on the southeast corner of the intersection of Dale Avenue and 21st Street, S. E., known as 2101 Dale Avenue, S. E., and designated as Official Tax Nos. 4310901, 4310903 and 4310904, from RM-2, Residential Multi-Family, Medium Density District, to C-l, Office District, subject to certain conditions proffered by the petitioner. Ordinance No. 30692-92391 was adopted by the Council of the City of Roanoke on first reading on Monday, September 9, 1991, also adopted by the Council on second reading on Monday, September 23, 1991, and will take effect ten days following the date of its second reading. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa mnc. pc: Ms. Yvonne R. Vaught, 2053 Dale Avenue, S. E., Roanoke, Virginia 24013 Mr. E. B. Knighton, 4457 Brambleton Avenue, S. W., Roanoke, Virginia 24018 Ms. Neva A. Phillips, 2114 Falion Avenue, S. E., Roanoke, Virginia 24013 Mr. Thomas G. Chattin, 2110 Failon Avenue, S. E., Roanoke, Virginia 24013 Ms. Shelby M. Copeland, 2106 Falion Avenue, S. E., Roanoke, Virginia 24013 Mr. & Mrs. Alfred Willoughby, 2102 Failon Avenue, S. E., Roanoke, Virginia 24013 Ms. Alda M. Taliaferre, 1150 Vineyard Road, Apt. 213, Vinton, Virginia 24179 Mr. & Mrs. Howard Willis, 2056 Fallon Avenue, S. E., Roanoke, Virginia 24013 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. Donald L. Wetherington September 25, 1991 Page 2 pc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Taievi, Assistant City Attorney Ms. Nadine C. Minnix, Acting Director of Real Estate Valuation Mr. Charles A. Price, Jr., Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. John R. Marlies, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGIEIA, The 23rd Day of September, 1991. No. 30692-92391. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 431 Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, sub- ject to certain conditions proffered by the Petitioner. WHEREAS, a petition has been presented to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-2, Residential Multifamily, Medium Density District to C-i, Office District, subject to certain conditions proffered by the Petitioner; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by $36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said petition at its meeting on September 9, 1991, after due and timely notice thereof as required by $36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid peti- tion, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters pre- sented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein pro- vided. WHEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 431 of the Sectional 1976 Zone ~p, City of Roanoke, be amended in the following particular and no other: Property described as three parcels of land lying on the southeast corner of the intersection of Dale Avenue, S.E., and 21st Street, S.E., designated on Sheet No. 431 of the Sectional 1976 Zone ~ap, City of Roanoke, as Official Tax Nos. 4310901, 4310903 and 4310904, be, and are hereby rezoned from RM-2, Residential Multifamily, Medium Density District to C-l, Office District, subject to those conditions proffered by and set forth in the First Amended Petition to Rezone filed in the Office of the City Clerk on July 29, 1991, and that Sheet No. 431 of the Sectional 1976 Zone ~ap be changed in this respect. ATTEST: City Clerk. RECEIVED CITY CL?~-~S O?!CE Roanoke Cily Planning Commission September 9, 1991 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Sheet Metal Workers' Local Union 100 Apprenticeship Fund of the Roanoke Area, represented by Donald L. Wetherington, attorney, that three parcels of land lying on the southeast corner of the intersection of Dale Avenue and 21st Street, S.E., known as 2101 Dale Avenue, described as official tax numbers 4310901, 4310903 and 4310904, be rezoned from RM-2, Residential Multifamily, Medium Density District to C-l, Office District, such rezoning to be subject to certain proffered conditions. I. Background: Purpose of the rezoning request is for the adaptive reuse of an existing building and the construction of a second building on the subject property for a sheet metal apprenticeship training facility. B. Petition to rezone was filed on July 17, 1991. Ce First amended petition to rezone was filed on July 29, 1991. The following conditions were proffered by the petitioner: The property will be used for general and professional offices and for a trade and vocational school or a combination of those uses· Further development of the property will be in substantial conformity to the site plan dated August 7, 1991, attached as Exhibit B tendered with this petition. Room 355 Municipal Builclir~ 215 Church Avenue, S.'gX Roanoke, Virginia 2401 t (703) 981-2344 Members of City Council Page 2 September 9, 1991 The property will have a vegetative buffer at least ten feet in depth along the entire rear (southern) boundary line and within the buffer white pines at least six feet in height, staggered at not more than 10-foot intervals (center to center) will be installed and maintained. Parking area on the site plan will be paved no later than the date of issuance of a certificate of occupancy for the proposed, new building. Planning Commission public hearing was held on Wednesday, August 7, 1991. Mr. Don Wetherington appeared before the Commission on behalf of his client. He stated that Mike Mays and Bob Benninger were also present and would be glad to answer any questions about the request that the Commission members might have. Mr. Wetherington stated that he had petitioned to rezone property at 2101 Dale Avenue from RM-2 to C-1 to accommodate a two-part development, an instructional classroom and an office. He said that the church building presently located on the site would be converted to an office building for the six people. He said that it was proposed to construct a new "Butler building" that would be used for classroom and instructional purposes. Relative to the office use, Mr. Wetherington stated that the office would conduct business during conventional hours and there would be minimal traffic. He said there would be no imposition on the neighboring residential area. With respect to the classroom facility, Mr. Wetherington explained that the rooms would be used for instruction of approximately 16-18 students and that only sheet metal instruction would take place in the structure. He assured the Commission that there would be a minimal amount of noise caused by hammering because there was limited hammering involved in sheet metal work. He said the building would be insulated. He said that the classroom would probably be used only one night per week between the hours of 6:00 p.m. and 10:00 p.m. Mrs. Evelyn Dorsey gave the staff report on the matter. She stated that after evaluation, staff had found that the C-1 district would provide a logical transitional buffer district between the C-2 uses to the east and the single family/duplex uses to the south and west of the subject property. She said that the intent of the C-1 zone was that of a transitional area and staff felt the request was appropriate and recommended approval. Members of City Council Page 3 September 9, 1991 II. Mrs. Lenora Williams, President of the Southeast Action Forum, appeared before the Commission and stated that she had contacted a few people indirectly and they had mentioned possible concerns with noise and parking. She noted, however, that after discussing the questions with Mr. Wetherington she had been assured that the request was appropriate. She said that as far as she knew it would be an asset to the area. Mr. Marlles stated he had received a call from a Neva Phillips of 2114 Fallon Avenue who was opposed to the request because she felt the view of the park would be blocked by the proposed buffer. Shelby Copeland (2106 Fallon Avenue) appeared before the Commission and stated that she was concerned about the noise and continued use of the alley by her family. Mr. Wetherington stated that the noise should be no problem because of the enclosed, insulated building and that the petitioner had no claim on the existing alley. He said that his client would not be obstructing the alley in anyway. Issues: Zoninq of the subject property is RM-2, Residential Multifamily District. The surrounding zoning in the area is as follows: to the north and west is RM-1, Residential Multifamily District; to the east is C-2, General Commercial District and to the south is RM-2, Residential Multifamily District. Land use of the site is a vacant church building. Surrounding land uses in the area are as follows: to the north is a municipal park; to the east is a local shopping center; to the south and west is a mixture of single family and duplex residences. Utilities are available and adequate. Storm drainage concerns and any other engineering problems will be addressed and resolved during comprehensive development plan review. Access to the site is from the adjoining public streets, Dale Avenue and 21st Street. The City Traffic Engineer has stated that the proposed use of the property is not traffic intensive in nature and that the existing access from 21st Street is sufficient to handle the respective traffic generated Members of City Council Page 4 September 9, 1991 to and from the site. Screeninq would be required along the entire southern property line which adjoins a residentially zoned area. Currently, there is a 4 foot high chain link fence that has various types of vegetation grown into and along both sides of the fence on that property boundary. To supplement what currently exists there, the petitioner has proffered that a buffer, ten feet in width, consisting of 6 foot high white pine trees placed at not more than ten foot intervals, will be installed. Neiqhborhood orqanization is the Southeast Action Forum, Inc. The Planning office notified their president in writing of the rezoning request on July 29, 1991, and no comments have been received by this office as of the writing of this report. G. Comprehensive Plan recommends that: Neighborhood character and environmental quality be protected. Expanded commercial development is carefully evaluated to ensure minimal conflict with residential areas and promote good land use. III. Alternatives: A. City Council approve the rezoning request. Zoninq of the subject property would be C-i, Office District. Land use would become a sheet metal apprenticeship training facility and the adaptive reuse of an existing structure on the property would occur. Utilities are available to the site and are of adequate capacity to serve the proposed development on the property. All engineering and drainage concerns would be addressed and resolved during comprehensive development plan review. Access to and from the site can be safely provided from Dale Avenue onto 21st Street. No traffic impacts are anticipated from the proposed use of the property as a sheet metal apprenticeship training facility. 5. Screeninq will be provided along the southern Members of City Council Page 5 September 9, 1991 property boundary contiguous to residential uses as proffered on the site plan, subject to any supplemental planting required as a result of the comprehensive development plan review. Neighborhood realizes the potential benefit from the adaptive reuse and development of the property. Comprehensive Plan issues as set forth would be followed. B. City Council deny the rezoning request. Zoninq would remain RM-2, Residential Multifamily District and the proposed adaptive reuse of the existing church building would not occur. 2. Land use would remain a vacant church building. 3. Utilities would be unaffected. 4. Access would not be an issue. 5. Screeninq would not be required. 6. Neighborhood would remain unchanged. Comprehensive Plan issues as set forth could be followed at a later date. III. Recommendation: By a vote of 7-0, the Planning Commission recommended approval of the requested rezoning· The rezoning would provide a transitional buffer area from the more intensive commercial uses to the east to the residential uses to the west and south of the subject property as well as provide for a compatible reuse of a vacant, non-residential structure. Respectfully submitted, ~ Charles A. Price, Jr., Chairman Roanoke City Planning Commission JRM:EDD:mpf Members of City Council Page 6 September 9, 1991 attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Attorney for the Petitioner VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE Re: Rezoning of a 0.58-acre tract of land lying at the southeast intersection of Dale Avenue S.E. and 21st Street S.E., known as 2101 Dale Avenue S.E. and adjacent vacant lot, consisting of tax parcels 4310901, 4310903 and 4310904,) from RM to C-1 Office District, subject to certain conditions. FIRST AMENDED PETITION TO REZONE SHEET METAL WORKERS' LOCAL UNION NO. 100 ) APPRENTICESHIP FUND ) OF THE ROANOKE AREA TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE 1. Sheet Metal Workers Local Union 100 Apprenticeship Fund of the Roanoke Area (hereinafter "Petitioner") has contracted to purchase from The Roanoke Congregation of Jehovah's Witnesses (or the trustees thereof) a certain tract of land in the City of Roanoke, Virginia containing 0.58 acres, located at the southeast intersection of Dale Avenue, Southeast and 21st Street Southeast, consisting of property known as 2101 Dale Avenue Southeast, and an adjacent lot on the east side of that address, designated on Roanoke City Appraisal Map as Official Tax numbers 4310901, 4310903 and 4310904. This tract is currently zoned RM-2 residential multifamily, medium density district. A map of the property is attached as Exhibit A. 2. The petitioner requests that the property be rezoned from RM-2, Residential Multifamily, Medium Density District, to C-l, Office District, subject to the conditions herein set forth. 3. The petitioner intends to utilize the property, if rezoned as requested, for limited commercial purposes, as set forth in the following paragraph, that will provide no burden on governmental services and will constitute no interference with the tranquility of nearby residential rezoning the property as requested will purpose of the City's Zoning Ordinance neighborhoods. Thus, further the intent and and its comprehensive plan, in that the property may be fully utilized for limited commercial uses in an existing, as well as new structure, while preserving the existing residential character of nearby neighborhoods. 4. The petitioner proffers the following conditions to which the zoning, if granted, will be subject: (a) The property will be used for general and professional offices and for a trade and vocational school or a combination of those uses. (b) Further development of the property will be in substantial conformity to the site plan dated August 7, 1991, attached as Exhibit B tendered with this petition. (c) The property will have a vegetative buffer at least ten feet in depth along the entire, rear (southern) boundary line, and within the buffer white pines at least slx feet in height, staggered at not more than ten-foot intervals (center to center) will be installed and maintained. (d) Parking area on the site plan will be paved no later than the date of issuance of a certificate of occupancy for the proposed, new building. 2 5. A list of the names and addresses of the owners of all lots adjacent to the property for which the zoning is sought, as well as the tax map numbers of attached as Exhibit C. WHEREFORE, the Petitioner the adjacent properties, is requests that the property described above be rezoned as requested in accordance with the Zoning Ordinance of the City of Roanoke, and the owner of the property joins in the petition, as evidenced by its signature below. Respectfully submitted, SHEET METAL WORKERS LOCAL UNION NO. 100 APPRENTICESHIP FUND OF THE ROANOKE AREA By: Donald L.' Wetherington/ of counsel Donald L. Wetherington Wetherington & Melchionna Post Office Box 90 Roanoke, Virginia 24002 (703) 982-3800 Counsel for Petitioner We consent to Petitioner's request the foregoing Petition and join in for rezoning: THE ROANOKE CONGREGATION JEHOVAH' S WITNESSES genoA. ~11~_~ Trustee Rt. 4~ Box' 117 Vinton, Virginia 24179 the OF Z 0 z >, / 0 /- / % II F. Z C) l O MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Aveaue, S.W., Room 456 Roanoke, ~r~rginia 24011 Telephone: (703)981-2541 August 22, 1991 SANDRA H. EAIIIN Deputy City Clerk The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, this is to advise you that I have set public hearings for Monday, September 9, 1991, at 7:30 p.m., on the following matters: (1) v/Request of Sheet Metal Workers Union 100 Appenticeship Fund of the Roanoke Area, represented by Mr. Donald L. Wetherington, Attorney, that a tract of land located at 2101 Dale Avenue, S. E., containing 0.58 acre, identified as Official Tax Nos. 4310901, 4310903 and 4310904, be rezoned from RM-2. Residentiai Multi-Family, Medium Density District, to C-l, Office District, subject to certain conditions proffered by the petitioner. (2) Request of Ms. Mary Louise Stotler, represented by Mr. David C. Helscher, Attorney, that a tract of land located on Gregory Avenue, N. E., containing 1.847 acre, identified as Official Tax No. 3050903, be permanently vacated, discontinued and closed. For your information, I am enclosing copy of the City Planning Commission reports on the abovedescribed rezoning and street closure. If you desire additional information prior to the public hearings, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc: Mr. W. Robert Herbert, City Manager Mr. Earl B. Reynolds, Jr., Assistant City Manager Mr. Steven J. Talevi, Assistant City Attorney ROANOKE TIMES AD NUMBER 82109108 PUBLISHER'S FEE - $112.70 ~ETHERINGTCN/MELCHIONNA IlO0 CRESTAR BANK 8LOG P 0 ~OX 90 ROANOKE VA 24002 RECEIVED CITY CLE?S OFFICE '91 -9 P2:29 STATE OF VIRuINIA CITY OF ROANOKE AFFIDAVIT CF PUbLiCATION I, (THE UNDERSIGNED) AN AUTHORIZED REPRESbNTATIVE OF TmE TINES-.ORLO COR- PORATION, .HICH CORPORATION IS PU~LISNER OF THE ROANOKE TIMES & ~ORLO-NE.S~ A DAILY NEWSPAPER PUBLISHEC IN ROANOKE, IN THE STATE OF VIRGiNIA~ OO CERTIFY THaT THE ANNEXED NOTIC,E .AS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 08/25/91 MORNING & EVENING 08/30/91 MORNING ~ EVENIN~ NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions Code of the City of Roanoke (1979), City of Roanoke will hold a Public 1991, at 7:30 p.m., in the Council Building, 215 Church Avenue, S. W., of ArtiCle VII of Chapter 36.1, as amended, the Council of the Hearing Chamber on the on Monday, September 9, in the Municipal question of rezoning from RM-2, Residential Multi-family, Medium Density District, to C-l, Office District, the following property: A 0.58-acre tract of land lying at the southeast inter- section of Dale Avenue, S.E., and 21st Street, S.E., and bearing Official Tax Nos. 4310901, 4310903 and 4310904, such rezoning to be subject to certain proffered condi- tions. A copy of this proposal is available rut public inspection in the Office of the City Clerk, Room 456, Municipal Building. Ail parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 215t day of ^ugust , 1991. Mary F. Parker, City Clerk. Please publish in full twice, once on Friday, August 23, 1991, and once on Friday, August 30, 1991, in the Roanoke Times and World News, Morning Edition. Please send publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Please bill to: Mr. Donald L. Wetherington, Attorney P. O. Box 90 Roanoke, Virginia 24002 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK July 19, 1991 File #51 SANDRA H. EAKIN Deputy C~:y Clerk Mr. Charles A. Price, Jr., City Planning Commission Roanoke, Virginia Chairman Dear Mr. Price: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Mr. Donald L. Wetherington, Attorney, representing Sheet Metal Workers Union 100 Apprenticeship Fund of the Roanoke Area, requesting that a tract of land located at 2101 Dale Avenue, S. E., containing 0.58 acre, identified as Official Tax Nos. 4310901, 4310903 and 4310904, be rezoned fram RM-2, Residential Multi-Family, Medium Density District, to C-l, Office District, subject to certain conditions proferred by the petitio ~r. Si~ rely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. REZONE1 pc: Mr. Donald L. Wetherington, Attorney, P. O. Box 90, Roanoke, Virginia 24002 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney & MelClllO ATTORNEYS AND COUNSELORS IIII 1100 CRESTAR BANK.~uJ~[~,. ~- POST OFFICE BO~t' ~,L~-~:~S Q, FIC[ ROANOKE, VIRGINIA 2~2 TELEPHONE 17 R2:09 703-982-3~0 7~-342-~ July 17, 1991 HAND DELIVERY MS. Mary F. Parker, Clerk City of Roanoke 215 Church Avenue, S.W. Roanoke, Virginia 24016 Re: Rezoning Petition of Sheet Metal Workers' Local Union No. 100 Apprenticeship Fund of the Roanoke Area Dear Ms. Parker: I enclose the following for filing today: 1. Original and one copy of the Rezoning Petition. This firm's check payable to City of Roanoke in the amount of $310.00. Sufficient copies of the required concept plan have been separately tendered to the attention of Ms. Evelyn D. Dorsey at the Office of Community Planning. Sincerely, DLW:eb:1571.02 cc: Mr. Michael Mays, with enclosures Ms. Evelyn D. Dorsey, with enclosures Mr. Eugene A. Kelly, with enclosures RECEIVED CITY CLERKS ~FFICE VIRGINIA: cou.c L or TuE C TY 7 Re: Rezoning of a 0.58-acre tract of land lying at the southeast intersection of Dale Avenue S.E. and 21st Street S.E., known as 2101 Dale Avenue $.E. and adjacent vacant lot, consisting of tax parcels 4310901, 4310903 and 4310904, from RM to C-1 Office District, subject to certain conditions. PETITION TO REZONE SHEET METAL WORKERS' LOCAL UNION NO. 100 APPRENTICESHIP FUND OF THE ROANOKE AREA TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE 1. Sheet Metal Workers Local Union 100 Apprenticeship Fund of the Roanoke Area (hereinafter "Petitioner") has contracted to purchase from The Roanoke Congregation of Jehovah's Witnesses (or the trustees thereof) a certain tract of land in the City of Roanoke, Virginia containing 0.58 acres, located at the southeast intersection of Dale Avenue, Southeast and 21st Street Southeast, consisting of property known as 2101 Dale Avenue Southeast, and an adjacent lot on the east side of that address, designated on Roanoke City Appraisal Map as official tax numbers 4310901, 4310903 and 4310904. This tract is currently zoned RM-2 residential multifamily, medium density district. A map of the property is attached as Exhibit A. 2. The petitioner requests that the property be rezoned from RM-2 Residential Multifamily, Medium Density District, to C-1 Office District, subject to the conditions herein set forth. 3. Rezoning the property as requested will further the intent and purpose of the City's Zoning Ordinance and its comprehensive plan, in that the property may be fully utilized for limited commercial uses in an existing, as well as new structure, while preserving the existing residential character of nearby neighborhoods. 4. The petitioner proffers the following conditions to which the zoning, if granted, will be subject: (a) Further development of the property will be in reasonable conformity to the concept plan dated August 7, 1991, tendered with this petition. (b) The petitioner will maintain a buffer yard at least ten feet in depth adjacent to the entire, rear (southern) boundary line of the property and within the buffer yard will set out and maintain in place white pines, at least six feet in height, staggered at not more than ten-foot intervals (center to center) along the entire southern boundary line of the property. (c) Parking area on the concept plan will be paved no later than the date of issuance of a certificate of occupancy for the proposed, new building. 5. A list of the names and addresses of the owners of all lots adjacent to the property for which the zoning is sought, as well as the tax map numbers of the adjacent properties, is attached as Exhibit B. WHEREFORE, the Petitioner requests that the property described above be rezoned as requested in accordance with the Zoning Ordinance of the City of Roanoke, and the owner of the property joins in the petition, as evidenced by its signature below. Respectfully submitted, SHEETMETAL WORKERS LOCAL UNION NO. 100 APPRENTICESHIP FUND OF THE ROANOKE AREA oDTn~loudns~lWetheri~°n Donald L. Wetherington Wetherington & Melchionna Post Office Box 90 Roanoke, Virginia 24002 (703) 982-3800 Counsel for Petitioner We consent to the foregoing Petition and join in the Petitioner's request for rezoning: THE ROANOKE CONGREGATION JEHOVAH' S WITNESSES By: Euge~n ~~~ee Rt. 4w, Box 117 Vinton, Virginia 24179 OF 3 EXHIBIT A LIST OF ADJACENT PROPERTY OWNERS Vaught, Yvonne R. 2053 Dale Avenue, S.E. Roanoke, VA 24013 Tax Map No. 4310815 City of Roanoke Fallon Park 19th Street, S.E. Roanoke, VA 24013 Tax Map No. 4310101 Knighton, E. B. Dale Avenue, S.E. Roanoke, VA 24013 Tax Map No. 4310905 Phillips, Neva A 2114 Fallon Avenue, S.E. Roanoke, VA 24013 Tax Map No. 4310912 Chattin, Thomas G. 2110 Fallon Avenue, Roanoke, VA 24013 Tax Map No. 4310911 SoEo Copeland, Shelby M. 2106 Fallon Avenue, Roanoke, VA 24013 Tax Map No. 4310910 S.Eo Willoughby, Alfred J. & 2102 Fallon Avenue, S.E. Roanoke, VA 24013 Tax Map No. 4310909 Teacy C. EXHIBIT B 4310815 4310905 4310912 4310911 4310910 4310909 4310913 RECE)VED CITY CL?~S'~r r~ TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING OF: 91 J~31 P2:11 Request from Sheet Metal Workers' Local Union 100) Apprenticeship Fund of the Roanoke Area that a ) 0.58 acre tract of land lying at the southeast )AFFIDAVIT intersection of Dale Avenue, S.E., consisting of ) official tax nos. 4310901, 4310903 and 4310904, ) be rezoned from RM-2 to C-l, conditional. ) COMMONWEALTH OF VIRGINIA) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is secretary to the Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 29th day of July, 1991, notices of a public hearing to be held on the 7th day of August, 1991, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner~ Aqent or Occupant Address Yvonne R. Vaught 2053 Dale Avenue, SE Roanoke, VA 24013 E. B. Knighton Neva A. Phillips 4457 Brambleton Ave. Roanoke, VA 24018 2114 Fallon Ave., SE Roanoke, VA 24013 4310831X Thomas G. Chattin 2110 Fallon Ave., SE Roanoke, VA 24013 Shelby M. Copeland 2106 Fallon Ave., SE Roanoke, VA 24013 Alfred & Teach Willoughby Alda M. Taliaferro 2102 Fallon Ave., SE Roanoke, VA 24013 1150 Vineyard Road Apt. 213 Vinton, VA 24179 Howard and Gracie Willis 2056 Fallon Ave., SE ~ Roanoke, VA 24013 Ma~4tha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, City of Roanoke, Virginia, this 29th day of July, 1991. Notary Public in the My Commission Expires: