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HomeMy WebLinkAboutCouncil Actions 01-13-92FITZPATRICK (30839) REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL January 13, 1992 7:30 p.m. Call to Order -- Roll Call. Mrs. Bowles was absent. The Invocation was delivered by Mayor Noel C. Taylor. The Pledge of Allegiance to the Flag of the United Sta~es of America was led by Mayor Taylor. The Mayor presented the State~artment of Mental Health, Mental Retardation and Substance Abuse F~mployment Award to Mr. James Willianas. Ao PUBLIC HEARINGS Public hearing on proposed amendments and revisions to Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, relating to Flood Plain Regulations. Mr. John R. Marlles, Agent, City Planning Commission. Adopted Ordinance No. 30839 on first reading. (6-0) Suggestions of Mr. Ren T. Heard, 1306 Salem Avenue, S. W., with regard to two specific revisions to the Ordinance were referred to the City Manager for study and ,vport to Council. 1 Bo Public hearing on the request of Messrs. L. D. Shifter, John J. Showalter and Walter S. Brooks that property located at 1925 Peters Creek Road, N. W., containing 4.98 acres, more or less, identified as Official Tax Nos. 6380101 and 6380102, be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Mr. L. Richard Padgett, Jr., Attorney. Adopted Ordinance No. 30840 on first reading. (6-0) Public heating to consider an amendment to the fiscal year 1991-92 Community Development Block Grant budget and Statement of Objectives to the U. S. Department of Housing and Urban Development in order to reactivate the Private Rehabilitation Loan Program and the Vacant Lot Homesteading Program. Mr. W. Robert Herbert, City Manager. Adopted Budget Ordinance No. 30841-011392 and Resolution No. 30842-011392. (6-0) CONSENT AGENDA (APPROVED 6 0) ALL MATI'ERS LISTED UNDER TI-IF. CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY TI4F. CITY COUNCH~ AND Wll.l. BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. TI-IF. RE WII.L BE NO SEPARATE DISCUSSION OF THFSE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. 2 C-1 C-2 C-3 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 Virginia (1950), as amended. A communication from Ms. Patti C. Hanes, Secretary, Board of Zoning Appeals, transmitting an Annual Report of the Board for 1991. RECOMMENDED ACTION: Receive and file. Qualification of Ms. Mary Sue Rubeiz as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 9, 1994. RECOMMENDED ACTION: Receive and file. A report of the City Manager requesting an Executive Session to discuss a matter with regard to disposition of publicly held property, specifically lease of parking spaces in City-owned garages, pursnant to Section 2.1-344 (A) (3), Code of Virginia (1950), as amended. REGULAR AGENDA 3. I-1F. ARING OF CITIZF. NS UPON PUBLIC MATFERS: 3 Request to address Council with regard to racing events in Victory Stadium during the year 1992. Mr. Donald F. "Whitey" Taylor, Spokesperson. Mr. Taylor requested an increase in the number of auto races m be held from three in 1991 to 20 races in 1992, which would provide continuity to racing at Victory Stadium, beginning in May and ending in September prior to commencement of high school football games. The City Manager was requested to provide Council with a status report on 1991 auto racing by the regular meeting on Monday, February 10, 1992. bo Request of Concerned Citizens of Roanoke to address Council. Ms. Mary C. Terry, Chairperson. Mr. James R. St. Clair, Jr., 1610 Lancaster Drive, N. W., Mr. Robert Benne~ 109 13th Street, S. W., Ms. Kathy Rufledge, 1823 Blenheim Road, S. W., and Mr. Raymond Steptoe, 212 17th Sm:et, S. W., addressed the ma__n_er of enforcement of the City's curfew law, the need to evaluate the City's youth program in order to reach a solution to problems experienced by the youth of today, and illegal drug and crime activities. The comments were referred to the City Manager for his information in connection with a study of the manet. 4. PETITIONS AND COMMUNICATIONS: None. 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: 4 e A report recommending execution of a Real Estate Option with owners of property located at 915 Eighth Street, N. W., under the Home Purchase Assistance Program. Adopted Ordinance No. 30843-011392. (6-0) A report concurring in a report of a bid committee recommending acceptance of the bid submitted by Gardner- Smith, Inc., in the amount of $13,500.00, for repairs to the pedestrian bridge connecting the Courts Facility and the Police Building; and appropriation of funds therefor. Adopted Budget Ordinance No. 308a.~.-011392 and Ordinance No. 30845-011392. (64)) REPORTS OF COMMITTEES: None. 7. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION ORDINANCES AND RESOLUTIONS: None. OF 9. MOTIONS AND MISCELLANEOUS 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 HEARINGS OF CITIZENS: CERTIFICATION OF EXECUTIVE SESSION. (6-0) 5 Appointed the following persons: Kenneth L. Prickitt - Economic Development Commission Susan J. Cloeter - Mental Health Sereices Board of Directors Adopted Resolution No. 30846-011392 endorsing a volume monthly parking discount rate. in City or City of Roanoke Redevelopment and Housing Authority owned or operated parking garages or lots. (6-0) 5220 Hazelridge Road, N.W. Roanoke, Virginia 24012 December 20, 1991 City Clerk's Office Mary F. Parker Room 456 Municipal Building 215 Church Avenue Roanoke, Virginia 24011 Dear Ms. Parker: I am writing to request that time be allotted on the Roanoke City Council Agenda for Monday, January 13, 1992, 7:30 pm, for Mayor Taylor to present a State Department of Mental Health, Mental Retardation, and Substance Abuse Employment Award to Mr. James Williams. Mr. Williams is 23 years old and has severe mental retardation and severe visual impairments. He has been employed at CTC Trucking as a package handler since August 20, 1990; Tinker Mountain Industries provides job coaching for Mr. Williams. Jim is integrated with non- disabled coworkers at his job. The management and coworkers have been very supportive of Mr. Williams' employment. Mr. Williams resides at Hazelridge Road Intermediate Care Facility for the Mentally Retarded, He is a graduate of Roanoke County Occupational School. Since his employment at CTC Trucking, Mr. Williams has become more outgoing, taken more initiative, increased his self-esteem, and experienced the dignity of contributing to the community. He is being recognized with this award because of his successful employment despite his severe disabilities. I thank you for your consideration and assistance in scheduling time for this presentation. Please feel free to call me at 366-9156 if you have any questions or need more information. Sincerely, Lynn Lawson Program Coordinator Hazelridge Road ICF/MR LL/cv 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 January 17, 1992 File #51-237 SANDRA H. EAI~N Deputy City Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At the regular meeting of the Council of the City of Roanoke held on Monday, January 13, 1992, Mr. Ren T. Heard, 1306 Salem Avenue, S. W., addressed Council with regard to certain proposed amendments and revisions to Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, relating to Flood Plain Regulations. As you know, Council adopted Ordinance No. 30839, on first reading, and requested that the following suggestions offered by Mr. Heard be referred to you for study and report. Ordinance No. 30839, Section 36.1-361, page 3, delete the following language under Historic structures, "furthermore, those buildings are listed or are eligible to be listed on the National Register of Historic Places or the Virginia Landmark Register." and insert the following language, "that all such historic zoning laws in districts be reviewed on a regular basis upon an appropriate public hearing before the Architectural Review Board." Ordinance No. 30839, Section 36.1-361, Substantial improvement, page 4, delete "50 per cent" of the market value of the structure and insert "25 per cent" of the market value of the structure. Sincerely, f~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Mr/W,'Robert Herbert January 17, 1992 Page 2 pc; Mr. Ren T. Heard, 1306 Salem Avenue, S. W., Roanoke, Virginia 24016 Mr. William F. Clark, Director, Public Works Mr. Charles A. Price, Jr., Chair, City Planning Commission Mr. John R. Marlles, Chief, Community Planning Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator MARY F. PARKER City Clerk CITY OF ROANOKF OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 January 16, 1992 SANDRAH. EAKIN Deputy CltyClerk File #178-236-200 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30842-011392 authorizing execution of Amendment No. 1 to the contract with the Roanoke Redevelopment and Housing Authority to administer the Private Rehabilitation Loan Program, upon certain terms and conditions. Resolution No. 30842-011392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, January 13, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc: Mr. John S. Asbury, Assistant Vice President, Sovran Bank, 302 S. Jefferson Street, Roanoke, Virginia 24011 Ms. Melody S. Williams, Executive Vice President, Roanoke Regional Home Builders Association, 1626 Apperson Drive, Salem, Virginia 24153 Mr. William S. Hubard, Habitat for Humanity in the Roanoke Valley, 2202 Carter Road, S. W., Roanoke, Virginia 24015 Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director, Public Works Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. H. Daniel Pollock, Housing Development Coordinator Ms. Marie T. Pontius, Grants Monitoring Administrator 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 January 16, 1992 SANDRA H. EAKIN Deputy City Clerk File #178-236-200 Mr. Herbert D. McBride Executive Director Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N. W. Roanoke, Virginia 24017 Dear Mr. McBride: I am enclosing copy of Resolution No. 30842-011392 authorizing execution of Amendment No. 1 to the contract with the Roanoke Redevelopment and Housing Authority to administer the Private Rehabilitation Loan Program, upon certain terms and conditions. Resolution No. 30842-011392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, January 13, 1992. Sincerely, f~O.~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc o IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th Day of January, 1992. No. 30842-011392. A RESOLUTION authorizing execution of Amendment No. contract with the Roanoke Redevelopment & Housing administer the Private Rehabilitation Loan Program, terms and conditions. 1 to the Authority to upon certain BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, Amendment No. 1 to the contract with the Roanoke Redevelopment & Housing Authority to administer the Private Rehabilitation Loan Program, and any other necessary documentation as more particularly set forth in the report to this Council dated January 13, 1992. ATTEST: City Clerk. 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 January 16, 1992 SANDRA H. EAKIN Deputy City Clerk File #60-178-200-236 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30841-011392 amending and reordaining certain sections of the 1991-92 Grant Fund Appropriations, providing for the transfer of $20,000.00 in connection with reactivation of the Vacant Lot Homesteading Program and the Private Rehabilitation Loan Program. Ordinance No. 30841-011392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, January 13, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc.' Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director, Public Works Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Ms. Marie T. Pontius, Grants Monitoring Administrator Mr. H. Daniel Pollock, Housing Development Coordinator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th Day of January, 1992. No. 30841-011392. AN ORDINANCE to amend and reordain certain sections of the 1991-92 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Community Development Block Grant - FY90 $2 652 499 Housing FYg0 (1-2) ................................ 766,501 Community Development Block Grant - FY91 2,204,031 Housing FY91 (3) .................................. 548,972 Unprogram~ed CDBG FY91 (4-6) ...................... 2,022 Community Development Block Grant - FY91 1) Vacant Lot Homesteading 2) Home Purchase Loan Program 3) Private Rehabilitation Loan Program 4) Unprogrammed CDBG-Parking Lot Income (035-089-8920-5104) (035-089-8920-5115) (035-090-9020-5105) (035-090-9040-5183) (7) ........ $2,204,031 $ 20,000 (20,000) 40,000 (6,038) 5) Unprogrammed CDBG-Float Loan Interest 6) Unprogrammed CDBG-Home Purchase Program 7) CDBG Entitlement (035-090-9040-5188) $(17,469) (035-090-9040-5192) ( 493) (035-035-1234-9101) 16,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, ~ir~!? _ January ~¥t~9~~ ii Honorable Mayor and Members of Council Roanoke, Virginia '92 JAN-9 A9:26 Dear Members of Council: Subject: Amendment No. 2 to FY 1991-92 CDBG Statement of Objectives (Budget) to Reactivate the Private Rehabilitation Loan Program and the Vacant Lot Homesteading Program I. Back~round FY 1991-92 Community Development Block Grant (CDBG) Statement of Objectives contains no funding for two programs which have been offered in past years, specifically: 1. The Private Rehabilitation Loan Pro~ram -- a cooperative program involving local lenders, the Roanoke Redevelopment and Housing Authority (RRHA), and the City, to encourage homeownership and housing rehabilitation. a. Local lenders buy a mortgage revenue bond issued by the RRHA (i.e. the lenders loan funds to RRHA); b. RRHA makes loans from these funds to either homeowners wishing to renovate their homes, or to households wishing to buy a home and renovate it; c. City deposits a sum of cash from its CDBG funds into a loan loss reserve account, to reduce the risk of the lenders losing their funds in the event of defaults; and pays the staff expenses of the RRHA to administer the Program. The Vacant Lot Homesteadin~ Pro~ram -- a program which, among other things, reimburses builders of new housing in older neighborhoods for certain costs, including: a. Cost to buy vacant lot b. Buildin~ permit fees c. Utility hook-up fees d. Site preparation costs e. Customary costs of development and sale, e.g. appraisals, surveys, legal fees. Pro~rams were not approved for funding within the initial FY 91-92 CDBG budget due in part to slow demand for the programs and other higher priority needs for the CDBG funds available. II. Current Situation Developments over the last 6 months suggest that consideration be given to reactivating the two programs noted above. January 13, 1992 Page 2 1. Renewed interest indicate a likely demand for the benefits of the programs. Private Rehabilitation Loan Program funds from last fiscal year ($601,000) were all loaned out by October at 9 3/4% interest, demonstrating greater demand than was apparent when budget decisions were made earlier in 1991. In addition, participating lenders are willing to allow new loans to be made at a competitive interest rate (approx. 8 1/4%) and to continue the loan loss reserve at 5% of the Program amount. Vacant Lot Homesteading Program to subsidize and ~timulate construction of new infill housing on vacant lots in older neighborhoods has been requested by the Roanoke Regional Home Builders Association and Habitat for Humanity. Additional program income o_~f CDBG funds currently undesignated has been received and is available to fund reactivation of the programs, with a minor reallocation of funds from existing on-going programs. Significant additional housing funds ($756,000) are expected to be received from the new HOME program in the spring/summer of 1992. Amendment of CDBG budget and Statement of Objectives to reactivate the programs requires a public hearing, which is being held this evening. III. Issues A. Impact on community development objectives of reactivating programs. B. Impact on existing programs and activities C. Cost to the City D. Timing IV. Alternatives A. Approve the reactivation of the Vacant Lot Homesteading Program and the Private Rehabilitation Loan Program, by taking the following specific actions: --Authorize the City Manager to submit amendment No. 2 to the FY 91-92 CDBG Statement of Objectives to add funding for the reactivation of the Vacant Lot Homesteading Program and the Private Rehabilitation Loan Program; --Authorize the Director of Finance to transfer $20,000 in CDBG funds from the Home Purchase Assistance Program to the Vacant Lot Homesteading Program (Attachment A); January 13, 1992 Page Three --Authorize the City Manager t~o execute amendment No. ~ to the FY 1991-92 contract with the RRHA to administer the Private Rehabilitation Loan Program (Attachment B) and reduce the total allocated to the Home Purchase Assistance Program by $20,000; --Appropriate $16~000 in additional FY 1990-91 CDBG entitlement funds to the Private Rehabilitation Loan Program; --Authorize the Director of Finance to transfer $24,000 from undesignated CDBG program income accounts to accounts to be established for the Private Rehabilitation Loan Program. 1. Impact on community development objectives of re- activating the programs in question would be positive. a. The Private Rehabilitation Loan Program in the amount of approximately $600,000 will allow approximately 20 loans to enhance opportunities for new homeownership, maintenance of existing home- ownership, and improvement of existing housing stock. b. The Vacant Lot Homesteading Program will reinforce existing neighborhoods through construction of 5-6 new houses on vacant lots to supplement rehabilitation and preservation efforts. The plan and design of each building supported by the Program must be approved by the City as compatible with the neighborhood context and objectives of the City. 2. Impact on existing programs and activities would be negligible. Funds for the Private Rehabilitation Loan Program are not currently appropriated to any other activity or program. Transfer of $20,000 from Home Purchase Assistance to Vacant Lot Homesteading will not impede operation of Home Purchase Assistance, as there will be adequate funds left to operate that Program through the Spring and Summer, and the activities of that Program may also be supported by funding to be received through the HOME allocation of funds. Cost to the City will be $60,000 in CDBG funds and no City General Funds. Administration of the Private Rehabilitation Loan Program by the RRHA will be accomplished with no additional funding through the Contract for Services. Timing is such that the mortgage revenue bond for the Private Rehabilitation Loan Program may be prepared and put in place in February, with loans to be made by January 13, 1992 Page Four early Spring; and applications for the Vacant Lot Homesteading Program may be accepted immediately. Do not aDDrove amendment of CDBG Statement of Objectives to reactivate the Private Rehabilitation Loan Pro~ram and the Vacant Lot Homesteading Pro~ram. 1. Impact on community development objectives of reactivating the programs in question would not be an issue, as programs could not be reactivated. Impact would remain as is with the current Statement of Objectives. However, the opportunity to facilitate homeownership, rehabilitation, and infill construction in targeted neighborhoods this spring and summer would be lost. 2. Impact on existin~ programs and activities would not be an issue, as they would not change. 3. Cost to the City would be nothing. 4. Timin~ would not be an issue. V. Recommendation Concur in Alternative A, thereby apDrovin~ the reactivation of the Vacant Lot Homesteadin~ Pro~ram and the Private Rehabilitation Loan Pro~ram, by taking the following specific actions: --Authorize the City Manager by motion t__o submit amendment No. 2 to the FY 91-92 CDBG Statement of Objectives to add funding for the reactivation of the Vacant Lot Homesteading Program and the Private Rehabilitation Loan Program; --Authorize the Director of Finance to transfer $20,000 in CDBG funds from the Home Purchase Assistance Program account 035-089-8920-5115 to account 035-089-8920-5104 for the Vacant Lot Homesteading Program (Attachment A); --Authorize the City Manager by resolution to execute amendment No. 1 to the FY 1991-92 contract with the RRHA to administer the Private Rehabilitation Loan Program (Attachment B) and reduce the total allocated to the Home Purchase Assistance Program by $20,000; --Appropriate $16,000 in additional FY 1990-91 CDBG entitlement funds to the Private Rehabilitation Loan Program; --Authorize the Director of Finance to transfer $24,000 from undesignated CDBG program income accounts to accounts to be established by the Director of Finance for the Private Rehabilitation Loan Program. Respe~~m~~ W. Robert Herbert City Manager January 13, 1992 Page Five WRH/HDP/hdp (prlpvlh) cc: Director of Finance City Attorney Director of Public Works Building Commissioner Housing Development Coordinator Grants Monitoring Administrator Executive Director, RRHA John C. Asbury, Assistant Vice President, Sovran Bank Melody S. Williams, Executive Vice President, Roanoke Regional Home Builders Association William Hubard, Habitat for Humanity in the Roanoke Valley Vacant Lot Homesteading Extension of Program 3anuary, 1992 Attachment I. Description of Program The Vacant Lot Homesteading Program was approved by City Council 3uiy 25, 1983. Its goal is to "homestead" vacant lots to responsible parties who will keep them clear of weeds, and hopefully put them to a good use that will enhance the neighborhood. The Extension of the Vacant Lot Homesteading Program approved by City Council November 9, 1987, provides for homesteading to contractors and/or individuals who plan to construct or move a residential unit onto the lot. The purpose of the Extension of the Program is to enhance the beneficial use of vacant lots under the Program by providing an incentive for contractors, developers or individuals to build new or move existing infi]l houses onto lots located in Conservation Areas or Rehabilitation Districts. Il. Procedure of Extension A. Acquisition 1. The City will make grants, up to $4000 each, to reimburse responsible parties who agree to build or move houses onto lots. A lot will be considered for this Program under the following conditions: a. Lot must be in a Conservation Area or Rehabilitation District. b. Lot must meet all zoning requirements for the proposed residential building. c. Lot must not be in a flood hazard area. 2. This grant can be used for: a. current value or the purchase price of the lot, up to the fair market value; b. legal fees associated with purchase and resale of the lot, as paid by buyer/builder; c. clearing and grading where necessary; d. building permit fees; e, water and sewer connection fees; f. other reasonable ex[?enses customarily associated with such real estate transactions. Program Extension Page 2 B. Recipients Recipients of grants under this extension may be either: a. Individuals or families of low-moderate income who occupy house after its completion; or b. Contractors/Developers who rent initially or sell building to low-moderate persons after its completion. C. Conditions of Transfer As approved individually by City Council, a contract for a reasonable time will be executed between the City and the buyer of the lot, providing a grant to the buyer/builder upon the fulfillment of certain conditions. In return, the buyer/builder must agree to the following minimum conditions (more stringent conditions may be applied in some cases): Buyer/builder must submit building and site plans for a review by the Housing Development Office, which will coordinate with other offices to insure that the proposed structure meets ail applicable building and zoning codes and is com- patible with the neighborhood. bt Construction or relocation must begin within six months of the closing on the lot and be completed within one year from the date of closing. In order to comply with federal requirements for use of Community Development Block Grant funds for the Program, initial occupancy of any building placed on a lot in con- junction with this Program Extension must be by a low- moderate income occupant. Low-moderate income is defined as at or below 80% of the median family income in the Roanoke Metropolitan Area as established by HUD. This requires that a buyer/builder who intends to occupy the building himself/herself must be of iow-moderate income. Buyer/builder will receive a grant for reimbursement for all allowabie expenses after the terms of the contract have been met; that is, when the construction is completed and the building is occupied by a low-moderate income person. D. Typical Scenario Prospective buyer/builder makes contact with the Housing Development Office inquiring about the possibility of homestead- ing a specific vacant lot. Program Extension Page 3 The Housing Development Office consults with other offices as appropriate and determines that the lot and the proposed building meet the housing and community development objectives of the City as well as all the requirements set out in this description, including compatibility and attractiveness of design. The Housing Development Office prepares a contract between the City and the buyer/builder specifying the reimbursable items and conditions, and sends it to City Council for approval. City Council approves and the City Manager executes the contract. The buyer/builder negotiates with owner of lot and obtains contract of sale. Buyer/builder retains an attorney to prepare legal documents necessary for the transfer of the lot and closes transaction. Buyer/builder arranges for house to be placed on lot and, upon completion, occupies, sells, or rents house according to terms of contract. Housing Development Office verifies that the terms of the contract have been met; that is, construction is completed and the building has been occupied by a low-moderate income person. The buyer/builder then is reimbursed for allowable expenses as provided for in the contract. The following items are examples of documentation which can be used to verify expenses: -deed showing transfer and cost of the lot -receipts from an attorney for necessary legal work -receipts from Building and Water Departments showing the cost of water and sewer hookups and building permits -receipt for any grading work done to the property -occupant's tax return from most recent year Not all of these documents would be necessary in each case. The items that will be reimbursed by the City will be specified in the contract between the City and the buyer and will not exceed $#000 on each lot. III. Funding The funds for the reimbursements through this Extension of the Vacant Lot Homesteading [~rogram will come from the City's Community Development Block Grant allocation, as appropriated by City Council to the Vacant Lot Homesteading Program. Attachment B Amendment No. 1 to 1991-92 Contract for Services THIS AMENDMENT, entered into this day of , 1992 by and between the CITY OF ROANOKE (Grantee) and the CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY (Subgrantee). WHEREAS, the Grantee and Subgrantee have, by a contract for Services under the Community Development Block Grant (CDBG) program, dated August 15, 1991, contracted for the provision of certain services by the Subgrantee in relation to the implementation of the City's CDBG program; and WHEREAS, by Ordinance No. , adopted January 13, 1992 City Council has, and by Resolution No. , adopted January 13, 1992, the Commissioners of the City of Roanoke Redevelopment and Housing Authority have authorized the execution of this amendment to the Contract dated August 15, 1991, such amendment to provide for the administration of the Private Rehabilitation Loan Program. NOW, THEREFORE, the Grantee and Subgrantee do mutually agree to amend: Part I, Section A to amend subsection 6, to read as follows: ~6 Home Ownership Assistance - The Subgrantee shall assist the Grantee in the administration of the Home Ownership Assistance Program as outlined in Attachment D. Specifically, the Subgrantee shall prepare detailed work write-ups and cost estimates on candidate houses, verify applicant's eligibility, package loan applications for review and approval by DHCD and/or VHDA, as well as bid and oversee rehabilitation. The Subgrantee shall not be responsible for servicing any loans under this Program. Approximately 30 houses are expected to be assisted through this Program during FY 1991-92. The total of all such loans to be made in Fiscal Year 1991-92 shall not exceed $280,193 of CDBG funds, and $200,000 in DHCD/VHDA funds. Program delivery costs, including salaries shall not exceed $24,035. Total CDBG program cost is $304,228, plus $200,000 in State funds. Part I, Section A to add a new subsection 12, to read as follows: "12. Private Rehabilitation Loan Pro~ram -- The Subgrantee shall sell a mortgage revenue bond of approximately $600,000 during Fiscal Year 1991-92, and shall lend the proceeds of the bond for the rehabilitation or purchase/rehabilitation of owner-occupied houses within the City of Roanoke. The Grantee shall provide a loan loss reserve fund, equal to 5% of the amount of the bond, as cash collateral for the bond. All costs of said mortgage revenue bond, including loan loss reserve, auditing, legal expense, cost of issuance and all other related expenses (excluding staff costs), and additional costs incurred relative to previous mortgage revenue bonds for the Private Rehabilitation Loan Program, shall require no more than $40,000 of CDBG funds or other funds by the Grantee." Part II, Section A to replace Table I with attached Table I. The Agreement shall remain unchanged in all other terms and provisions. IN WITNESS WHEREOF, the Grntee and Subgrantee have executed this amendment as of the date first written above. ATTEST: CITY OF ROANOKE City Clerk By City Manager ATTEST: CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY Witness Executive Director General Administration Housing ............ CDBG Expenses ............ Other Virginia 1991-92 Carry-Over Administration HUD HCD/VHDA Programs Funds and Support Funds Funds $65,856 Limited Critical Repair $36,874 $109,636 Operation Paintbrush $30,000 $13,377 Neighborhood Stabilization $195,000 $0 Mod Rehab SRO Project Support $0 $0 Home Ownership Assistance $100,000 $180,193 Owner-Occupied Rehab Loans $0 $0 Private Rehabilitation Loan Pro $40,000 $0 Gainsboro Fairfax Ave Clearance 319 Harrison Acquisition Economic Development Church Ave Parking Garage Deanwood Addition Shaffer's Crossing Marketing and Disposition First St (Henry Street) TOTAL PROGRAM $65,856 $0 $22,419 $0 $419 $136,980 $14,000 $297,490 $26,440 $69,817 $72,095 $245,000 $125,000 $637,095 $26,445 $500,000 $526,445 $24,035 $200,000 $504,228 $0 $100,000 $100,000 $0 $600,000* $640,000 $0 $0 $0 $12,764 $138,000 $57,900 $0 $550 $0 $2,893 $0 $22,419 $0 $419 $54,746 $54,746 $0 $12,764 $26,965 $222,865 $0 $55O $0 $2,893 Totals $539,874 $400,151 $433,562 $845,000* $939,000 $3,157,587 * $600,000 from private sector funds accessed by RRHA's Mortgage Revenue Bond. NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY COUNCIL The Roanoke City Council will hold a public hearing on Monday, January 13, 1992, at 7:30 p.m. or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor of the Municipal Building, in order to consider an amendment to the Fiscal Year 1991-1992 Community Development Block Grant (CDBG) budget and Statement of Objectives to the United States Department of Housing and Urban Development (HUD). On January 14, 1992, the City of Roanoke will submit to HUD an amendment to the City's statement of community development objectives for fiscal year July 1, 1991 through June 30, 1992. This amendment will impact the current CDBG Homeownership Assistance program by transferring $20,000 from it to a Vacant Lot Homesteading program. A mortgage revenue bond for the Private Loan Program will be funded with formerly undesignated program income. More details of the proposed activities are available in the City Clerk's Office Room 456, or the Office of Grants Compliance, Room 362, Municipal Building, 215 Church Avenue, SW, Roanoke, Virginia 24011, phone 981-2141. If you are a person with a disability who needs accommodations to fully participate in this public hearing, contact the Office of Grants Compliance at 981-2141 or 981-2641 (TDD). Given under my hand this 30th day of December, 1991. Mary F. Parker City Clerk Please publish in Friday, January 3, 1992 edition of the Roanoke Times and World News. Publish in display ad format, not legal ad. Bill: Office of Grants Compliance Room 362, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Attention: Marie Pontius 981-2141 NOEL C. TAYLOR Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011 Telephone: (703)981-2444 January13, 1992 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. Sincerely, Noel C. Taylor Mayor NCT:se 8 P! :! ? CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: January 8, 1992 TO: W. Robert Herbert, City Manager FROM: Patti C. Hanes, Secretary Board of Zoning Appeals SUBJECT: Annual Report For your information, I am attaching a copy of the 1991 Annual Report for the Board of Zoning Appeals. Copies are also being sent to members of City Council. The Board approved this report on January 7, 1992. PH Attachment BOARD OF ZONING APPEALS ROANOKE, VIRGINIA ANNUAL REPORT 1991 The Annual Report for the Board of Zoning Appeals for the year 1991 is submitted herewith. PERSONNEL OF BOARD The following served as members of the Board: Mr. L. Elwood Norris, Chairman Mr. T. E. Roberts, Vice Chairman Mr. W. L. Wheaton Mr. Glynn Barranger (resigned 3-1-91) Mr. Richard A. Rife Mr. Robert R. Copty (appointed 2-25-91) MEETINGS AND PUBLIC HEARINGS The Board held twelve meetings during the year for the purpose of conducting business of the Board and holding public hearings to decide appeals from the decision of the Zoning Administrator and applications for special exceptions and variances. One hundred and forteen (114) applications were filed with the Board during the year. In accordance with State law, public hearings were advertised in a local newspaper once a week for two consecutive weeks not less than six days nor more than twenty-one days prior to the public hearing date. Notices of public hearings were sent by first-class mail to owners of all abutting properties and properties immediately across the street or road from any property in question. ATTENDANCE RECORDS FOR BOARD MEMBERS MEMBERS MEETINGS ATTENDED MEETINGS ABSENT L. Elwood Norris 12 0 T. E. Roberts 11 1 W. L. Wheaton 12 0 Glynn D. Barranger 1 1 Richard A. Rife 11 1 Robert R. Copty 9 1 DISPOSITION OF APPEALS Variances granted ............................... 76 Variances denied ................................ 2 Variances Withdrawn ............................. 1 Variances Pending ............................... 1 Special Exceptions Granted ...................... 33 Special Exceptions Denied ....................... 0 Special Exceptions Withdrawn .................... 1 Special Exceptions Pending ...................... 0 Total number of Appeals 114 APPEALS TO COURT OF RECORD Appeal No. 32-91-A In June of 1991, the Board heard a continuation of an appeal from April 1991, by Roanoke Mental Health Services, Inc. for a special exception to permit a group home, with a variance to allow 24 persons in lieu of the permitted 8 persons, at 1919 Andrews Road, N. W. The Board members in attendance (4 Present, 1 absent), had a split vote of (2-2), (2) votes in favor of the motion and (2) votes against the motion. As a result, the Chairman declared the motion had failed to pass. Neither the requested special exception nor the variance was granted. The Board's decision was appealed to the Circuit Court of the City of Roanoke by the applicant. By an Order entered on October 23, 1991, in the Circuit Court for the City of Roanoke, in the case of Roanoke Mental Health Services, Incorporated , v. Board of Zoning Appeals of the City of Roanoke, the Court remanded the case to be heard by the Board of Zoning Appeals before a full Board. Upon consideration of the record, evidence and testimony adduced to the hearing held on December 3, 1991, all interested persons and parties being given a full and fair opportunity to be heard, the Board voted (3-2), to grant the request. There were (3) votes in favor of the motion and (2) votes against the motion. ADDeal No. 52-91-A On July 9, 1991, the Board granted Pricor, Inc. a special exception to permit the operation of a halfwway house at 4525 Melrose Avenue, N.W., with a variance to allow up to 60 persons to be housed there for a period of one (1) year. A petition for a rehearing was filed by the neighborhood association and based on new evidence presented at the August 6, 1991 public hearing, the Board voted 3-2, (3) votes in favor of the motion and (2) votes against the motion, to grant the request for a rehearing of Pricor, Inc., to be held at the September 10, 1991 public hearing. Based on new evidence adduced at the hearing, and the appropriateness of the application in the consideration of the use being compatible with the character of the surrounding neighborhood, the Board voted (4-0), (4) votes against the motion, to deny the request of Pricor, Inc. Respectfully submitted, Patti C. Hanes Secretary MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W. Room 4,56 Roanoke, Virginia 24011 Telephone: (703)981o2541 January 16, 1992 SANDRA H. EAKIN Deputy City Clerk File #15-488 Ms. Barbara N. Duerk, Chair Roanoke Neighborhood Partnership Steering Committee 2607 Rosalind Avenue, S. W. Roanoke, Virginia 24014 Dear Ms. Duerk: This is to advise you that Ms. Mary Sue Rubeiz has qualified as a member of the Roanoke Neighborhood Partnership Steering Committee, for a term ending November 9, 1994. Sincerely, /~ Mary F. Parker, CMC/AAE City Clerk MFP: sw pc: Ms. Stephanie A. Cicero, Coordinator, Roanoke Neighborhood Partnership Steering Committee 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 sixteenth day of December, 1991, MARY SUE RUBEIZ was elected as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 11, 1994. Given under my hand and the Seal of the City of Roanoke this nineteenth day of December, 1991. City Clerk January 13, 1992 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Re Request for Executive Session Dear Mrs. Bowles and Gentlemen: This is to request that City Council convene in Executive Session to discuss disposition of publicly held property, specifically lease of parking spaces in City-owned garages, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. Very truly yours, W. Robert Herbert City Manager WRH:mp cc: Mary F. Parker, City Clerk Wilburn C. Dibling, Jr., City Attorney 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 January 16, 1992 SANDRA H. EAKIN Deputy City Clerk File #122 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At the regular meeting of the Council of the City of Roanoke held on Monday, January 13, 1992, Mr. Donald F. "Whitey" Taylor presented a request with regard to an increase in the number of auto races to be held at Victory Stadium from three in 1991 to 20 races in 1992, which would provide continuity to racing at Victory Stadium, beginning in May and ending in September prior to commencement of high school football games. On motion, duly seconded and adopted, you were requested to provide Council with a status report relative to 1991 auto racing by the regular meeting on Monday, February 10, 1992. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sw pc: Mr. Donald F. Taylor, F. C. S. Enterprises, Inc., 2823 Williamson Road, N. E., Roanoke, Virginia 24012 Mr. George C. Snead, Jr., Director, Administration and Public Safety Mr, Gary N. Fenton, Manager, Parks and Recreation/Grounds Maintenance TO 98t2773 VICTORY STADIUM '92 ,il~,~ -7 e 3:03 2823 Williamson Road Roanoke, Va. 24012 0anuarY 6, 1992 R0snofe-city Council 215 Church Ave., Roanoke, Va. 24011 ROflNOKE, VIRGINIfl Coun-cilmeibers: I would like to request an agenda before coQncil racing dates for Victory StadiuI for t992. ! am requesting to bring this before Counct! meeting, on Monday, January 13, 1992. to discuss at the next SincerelY, F.C.S. Enterprises, [nc. Donald (WXITE¥) yaylo~rl MARY F. PARKER Cky Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke, Wtrginia 24011 Telephone: (705)981-2541 January l6, 1992 SANDRA H. EAgIN Deputy City Clerk File #66-5-305 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of a communication from Mr. James R. St. Clair, Jr., 1610 Lancaster Drive, N. W., with regard to enforcement of the City's curfew law, which communication was before the Council of the City of Roanoke at a regular meeting held on Monday, January 13, 1992. In addition to Mr. St. Clair, Mr. Robert Bennett, 109 13th Street, S. W., Ms. Kathy Rutledge, 1823 Blenheim Road, S. W., and Mr. Raymond Steptoe, 212 17th Street, S. W., addressed the need to evaluate the City's Youth Program in order to reach a solution to problems experienced by the youth of today, and illegal drug and crime activities in certain areas of the City. On motion, duly seconded and adopted, the comments were referred to you for your information in connection with your study of the matter. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc: Mr. James R. St. Clair, Jr., 1610 Lancaster Road, N. W., Roanoke, Virginia 24017 Mr. Robert Bennett, 109 13th Street, S.W., Roanoke, Virginia Ms. Kathy Rutledge, 1823 Blenheim Road, S. W., Roanoke, Virginia 24015 Mr. Raymond Steptoe, 212 17th Street, S. W., Roanoke, Virginia 24016 Mr. William F. Clark, Director, Public Works Mr. John R. Marlles, Chief, Community Planning Ms. Marion V. Crenshaw, Youth Planner Mr. George C. Snead, Jr., Director, Administration and Public Safety Mr. M. David Hooper, Chief, Police Department Monday, January 13, 1992 Good evening, Mayor Taylor, and Members of City Council. MyNameis ~-~$ ~-~ S'~-. ~_~J~-~-~, andlama member of the Concerned Citizens of Roanoke, VA. I am speaking on behalf of Mrs. Mary C. Terry, Chairperson who is unable to be here tonight. Mrs. Terry spoke to City Council back in February '91 at your neighbor meeting on issues involving our youth and young adult s in o:~r comm:uaity. In September the Concerned Citizens began getting signatures on petition for the enforcement of the city curfew law. Since beginning the petition, we have found out that the Curfew Law for the City of Roanoke is not enforce- able and that you have appointed a committee to look at the city's curfew law. Giving you the petitions to ask you to enforce the curfew law When it is not enforceable makes no sense, but the Concerned Citizen of Roanoke would like to go on record with the following recommendations. 1. That the City's Curfew law be revised so that it is enforceable. 2. That the City's Curfew When revised be broken into age group. 12 and under, 13- 15, and 16 - 17 year olds. 3. That the School system, Churches, media (TV, Radio and Newspapers) be used to educate youth and adults about the revised curfew law. 4. That the City of Roanoke develop a plan to implement and finance a revised Curfew Law. _~. That the City of Roanoke evaluate its to~al Youth Program for the city and come up with a solution to the problems that out youth are facing today, Another concern is illegal drug and crime activities that are continuing in our neighborhoods. We applaucl Council and the City's Police Department for all that h~ been (ioneto date, but there are still areas of our neighborhoo(lsthat are not being targeted. The areas of 13th street to 19th street S.W. of Patterson to Salem Ave SW, and Patton Ave N.W., 5th street and H~rrison Ave N.W., 8th and Gilmer and Fairtax AvG. N. W., 1 lth Street~ N.W.,, Melrose Ave. and Lafayette Blvd. N.W. ~ the Landsdown Housing Project area. We clon't always know where the City Police Department is targeting its efforts on these concernecl areas, but we jus~t wanted to bring them to your attention and to let you know these areas continue to be problem areas in our neighborhoods. I thank you for giving me this opportunity to spe~k to you and raise these issues of concerned and ask that you direct your attention to these concerns of our neighborhoods. Tl~nk you very much. ]T-IN-E?-~" ~ 18= El9 FRON U,q I.d~qTE~ P~O_TECT TO 9812773 P. 82 January 7, 1992 '92 ?5:03 City Clerk City of Roanoke 215 Church Ave S.W. Roanoke, VA 2&001 RE: Position on City Council A~enda for January 13, 1992 I am requesting a position for members of the Concerned Citizens of Roanoke to addrsss City Council on January 13, 1992. The following persons will be speaking on behalf of our group: Mary C. Terry, Chairperson B408 Pittsfield Ars N.W., Roanoke, VA 24017, PR: 366-9395 Mm 345-1184 Wk. There are others that m~y speak: Mr. Robert Bennett, 109 - 13th S:rest S.W., Roanoks, VA 24016 Ms. Katherine Retled~e, 1823 Blanhein Rd. S.W., Roanoke, VA 24015 Mr. Raymond Steptoe, 212- 17th gtzeet $.W., Roanoke, VA 24016 Should there be other who wish to speak they may speak at the end of the written council agenda. Thank you Very Much. Sincerely, Chairperson of Concerned Citizen~ of Roanoke TOTAL P.02 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 January 16, 1992 SANDRA H. EAKIN Deputy City Clerk File #178-236 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30843-011392 authorizing a certain real estate option to be entered into in connection with the Home Purchase Assistance Program, for real estate located at 915 Eighth Street, N. W., which is currently owned by Marlean Kasey. Ordinance No. 30843-011392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, January 13, 1992. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc: Ms. Marlean Kasey, 915 Eighth Street, N. W., Roanoke, Virginia Mr. William F. Clark, Director, Public Works Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. H. Daniel Pollock, Housing Development Coordinator Ms. Marie T. Pontius, Grants Monitoring Administrator 24016 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th Day of January, 1992. No. 30843-011392. AN ORDINANCE authorizing a certain real estate option 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 a Real Estate Option on real estate located at 915 Eighth Street, N.W., currently owned by Marlean Kasey, as more particularly set out in and attached to the City Manager's report to Council dated January 13, 1992, 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. CiTY: ': : "-'::T Honorable Mayor and Members of Council Roanoke, Virginia January 13, 1992 Dear Members of Council: Subject: I. Background: Execution of Real Estate Option at 915 Eighth Street, NV¢, under the Home Purchase Assistance Program $220,000 from the Virginia Department of Housing and Community Develop ment~s Single Family Rehabilitation and Energy Conservation Loan Program, and $2#0,000 in Community Development Block Grant (CDBG) funds were allocated to the Home Purchase Assistance Program by City Council on 3une 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 Housing Authority (RRHA), 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 Assistance Program. These Options define the property owner's and the City's responsibilities under the Program, establish a purchase price for the property, allow the City to access the property, and market the property for sale to qua]flying low and moderate income purchasers in the Program through assignment of the Real Estate Option. This provides for a direct sale of the property from the current owner to the purchaser selected through the Program. The City will not exercise any Option and will not actually purchase any property in the Program. Should the City be unable to find a buyer for the property, the Real Estate Option would be allowed to expire. 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. II. Current Situation: Bo Real Estate Option has been executed by the owner of a vacant single family home located at 915 Eighth Street, NW (Attachment A) (City assessment $15,700). Option is offered at $20,000. Housing Development staff has determined that the offered price is reasonable to allow the home to be included in the Program. Council authorization to the City Manager to execute Real Estate Option (Attachment A) with the owners of the property is necessary to allow this property to be marketed through the Program. Page 2 3anuary 13, 1992 II1. Issues: A. Cost to the City B. Effect of Housing Conditions C. Timing IV. Alternatives: A. Authorize the City Manager to execute Real Estate Option at 915 Eighth Street, NW, to be approved as to form by the City Attorney~ with the owners of this property selected for the Home Purchase Assistance Program. Cost to the City would be $1.00 per Option. Under separate sub- sequent action, Council will be asked to approve assignment of the Option to qualifying purchasers under the Program and authorize loaning CDBG funds allowing the purchase and rehabilitation of the property to occur. Effect on housing conditions will be positive as an additional home-ownership opportunity will be provided to low-moderate income households. Owner occupancy and rehabilitation of a vacant substandard house will provide significant contribution toward stabilization and rejuvenation within the neighborhood. 3. Timing is such that prompt execution ol this Option will allow immediate marketing of the house. B. Do not authorize the City Manager to execute Real Estate Option at 915 Eighth Street, NW, (Attachment A)~ to be approved as to form by the City Attorney, with the owners of this property selected for the Home Purchase Assistance Program. 1. Cost of the City can be recognized as lost opportunity cost. Effect on housing conditions will be negative, as a homeownership opportunity will not be provided to low-moderate income house- holds in the Northwest Quadrant of the City. 3. Timing would not be an issue. Page 3 January 13, 1992 V. Recommendation: Adopt Alternative A, thereby authorizing the City Manager to execute Real Estate Option at 915 Eighth Street, NW, (Attachment A), to be as to form by the City Attorney, with the owners of this property selected for the Home Purchase Assistance Program. Respectfully Submitted, W. Robert Herbert City Manager ~/RH:BC:rs (CR. 55.1,2,3) CC: City Attorney Director of Finance Director of Public Works Building Commissioner Housing Development Coordinator Grants Monitoring Administrator REAL ESTATE OPTION THIS REAL ESTATE OPTION (hereinafter referred to as "Option"), made this llth day of O~ctober, 1991~ by and between Marlean Kasey (hereinafter referred to as "Grantor"), and the CITY OF ROANOKE, VIRGINIA (hereinafter referred to as "Grantee"). ~ I T N ESSE 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, Granto~ certifies that Grantor, and only Grantor, owns the Real Estate in fee simple. 2. DESCRIPTION OF REAL ESTATF. The Real Estate is described as follows: A parcel in the City of Roanoke, Virginia, City of Roanoke Official Tax No. 2121003 , consisting of approximately .132 acres, more particularly described on the map attached hereto, labeled Exhibit A, and incorporated by relerence herein, together with all easements, rights of way, water rights, appurtenances and improvements thereto belonging, the legal description for which is Lot 3, Block t~r !NG. the time of execution of this Option by Grantor and Grantee. Option shall expire at 11:39 p.m.) on ~March 1, 1992, unless earlier exercised or terminated by Grantee. TERM OF OPTION. This Option shall commence on the date and at This q. 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 913 Eighth Street, N~/~ Roanoke~ VA 2~016r 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 resul~ 'in Grantor selling and conveying the Real Estate to Grantee, and Grantee purchas- ing and accepting the Real Estate from Grantor, for the amount of the Purchase Price, subject to the terms and conditions contained in this Option. Grantee reserves for it and its successors and assigns the right to terminate this Option at any time for cause or no cause at all, either before or after the assignment of this Option. 5. FAILURE TO EXERCISE OPTION. If Grantee does not exercise this Option, Grantor shall have no rights or claims against Grantee. 6. INSURANCE. Upon execution of this Option, Grantor shall maintain general liability insurance on the real estate during the - 2 - term of this Option, or any extension of said term, in an amount of $300~000.00, and shall supply Grantee with a Certificate of Insurance, demonstrating that Grantee is a named insured on the policy of general liability insurance. 7. RIGHT OF ENTRY AND MARKETING OF REAL ESTATF. After the execution of this Option by Grantor and Grantee, and either before or after the exercise of this Option by Grantee, Grantee, or its agents or employees, may enter upon the Real Estate and perform all sur- veying, engineering, soil borings, appraisals, estimates of repairs and other tests and acts. deemed necessary by Grantee to satisfy Grantee that the Real Estate is suitable for the uses and purposes intended by Grantee and is suitable for the Home Purchase Assistance Program (hereinafter referred to as the "Program"). All such tests and acts shall be performed at reasonable hours and at 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 E'state, show the property to prospective purchasers, and take other reasonable and appropriate action deemed necessary by the Grantee to sell the Real Estate. Under no circumstances shall this section create any rights in the Grantor or impose any obligations upon the Grantee. g. 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, orr in the event of the exercise of this Option~ until the date of closing. 10. ASSIGNMENT. Grantee may assign this Option by written noti- fication to Grantor. Grantor shall not assign this Option, unless approved in writing by Grantee, and Grantee*s approval of such an assignment may be withheld for any reason or no reason at all. If the Grantor assigns this Option, all references in this Option to the Grantor shall apply to the assignee. If the Grantee assigns this Option~ all references in this Option to the Grantee shall apply to the assignee. In the event of an assignment by either the Grantor or the Grantee, no claim may be asserted against the assignor based upon~ arising out of, or related to this Option. Il. PURCHASE PRICE. The purchase price for the Real Estate shall be .Twenty Thousand and NO/100 DOLLARS ($20~000.00). 12. PAYMENT OF PURCHASE PRICF. 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, 212 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#45 of the Internal Revenue Code; otherwise, Grantee will withhold a portion of the Purchase [~rice and remit the same to the Internal Revenue Services for the account of Grantor as required by law. Grantor also shall execute, acknowledge, and deliver any of the instruments, documents, and assurances required or requested by Grantee or a title insurance company .in order to con- summate this transaction and effect the conveyance, of the Real Estate to Grantee as herein provided, including, without limitation, a ven- dor's affidavit in form satisfactory and acceptable to Grantee's coun- sel. Possession of the Real Estate 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. l#. GRANTEE UNABLE TO CLOSE SALF. 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 assJgns~ successors, administrators, executors, officers, agents~ employees~ or any and all of Grantee's predecessors in inte- rest of this Option, if any. i5. GRANTOR UNABLE TO CLOSE SAI. F. 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 Optio% 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,~old Grantee, its officers, agents, employees, successors~ assigns, executors and administrators~ and an), and all of Grantee's predecessors in interest of this Option, if an),, 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 dosing, 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. lg. 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 shai! 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 ac~i6n against Grantee, its officers, agents, employees, successor's, 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. Ali 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: GRANTEE: w/copy to: Marlean Kasey 913 Eighth Street, NW Roanoke, Virginia 2~016 W. Robert Herbert, City Manager City of Roanoke 36# Municipal Building Roanoke, Virginia 2#011 Ronald H. Miller, Building Commissioner/ Zoning Administrator, City of Roanoke Room 170, Municipal Building Roanoke, Virginia 2t~Ol 1 23. CONSTRUCTION. The interpretation~ construction, and performance of this Option shall be governed by the laws of the Commonwealth of Virginia. All headirigs of sections of this Option are inserted for convenience only, and do not form part of this Option or limit, expand, or otherwise alter the meaning of any provisions hereof. This Option shall be executed in duplicate, each of which shall be deemed to be an original. This Option shall be construed without regard to any presumption or rule requiring .construction against the party causing the Option to be drafted. 2t~. RECORDING. This Option shall be recorded in the land records of the Office of the Clerk of the Circuit Court of the City of Roanoke. EXECUTED and DELIVERED by Grantor and accepted by Grantee as of this llth day of October, 1991. GRANTOR: ~ 'ID · / ' ' ' - 8 - ATTEST: GRANTEE: CITY OF ROANOKE, VIRGINIA Mary F. Parker, City Clerk By · . Robert Herbert, City Manager COMMONWEALTH OF VIRGINIA ) To-wit: I hereby certify tha,t the foregoing Real Estate Option Agree- ment was acknowledged before me by ~Z~/F ~ ~/~ ~ ~ ~Y /~ ~ this /~ ~ day o~ ~%~ , 19 ~. My Commission expires: ~ ~ ~ ~ Notary Public COMMONWEALTH OF VIRGII~A ) CITY OF ROANOKE ) To-wit: I hereby certify that the foregoing Real Estate Option Agreement ~vas acknowledged before me by ~. ROBERT HERBERT and MARY F. PARKER, City Manager and City Clerk, respectively, ol the CITY OF ROANOKE, VIRGINIA, on behalf of that municipal corporation, this __ day of , My Commission expires: Notary Public - 9 - 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 January 16, 1992 SANDRA H. EAKIN Deputy City Clerk File #377-5 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30845-011392 accepting the bid of Gardner- Smith, Inc., in the amount of $13,500.00, for certain repairs to the pedestrian bridge from the Courts Facility to the Police Building, located at 315 Church Avenue, S. W., upon certain terms and conditions. Ordinance No. 30845-011392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, January 13, 1992. Sincerely, ~L,~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc.' Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. Nelson M. Jackson, Manager, Building Maintenance/Custodial Services Mr. George C. Snead, Jr., Director, Administration and Public Safety Ms. Dolores C. Daniels, Assistant to the City Manager for Community Relations 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 January 16, 1992 SANDRA H. F.A~N Deputy City Clerk File #377-5 Mr. Bobby M. Smith, President Gardner-Smith, Inc. P. O. Box 866 Salem, Virginia 24153 Dear Mr. Smith: I am enclosing copy of Ordinance No. 30845-011392 accepting the bid of Gardner- Smith, Inc., in the amount of $13,500.00, for certain repairs to the pedestrian bridge from the Courts Facility to the Police Building, located at 315 Church Avenue, S. W., upon certain terms and conditions. Ordinance No. 30845-011392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, January 13, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw 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 January 16, 1992 SANDRA H. EAKIN Deputy City Clerk File #377-5 Mr. David P. Smith Vice-President B.K.M. Contractors Corporation P. O. Box 20275 Roanoke, Virginia 24018 Dear Mr. Smith: I am enclosing copy of Ordinance No. 30845-011392 accepting the bid of Gardner- Smith, Inc., in the amount of $13,500.00, for certain repairs to the pedestrian bridge from the Courts Facility to the Police Building, located at 315 Church Avenue, S. W., upon certain terms and conditions. Ordinance No. 30845-011392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, January 13, 1992. 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, ~gk.~_.~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Eno. MARY F. PARKER City Clerk CITY OF ROANOKI OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 240! 1 Telephone: (703)981-2541 January 16, 1992 SANDRA H. EAKIN Deputy City Clerk File #377-5 Mr. Lawrence D. Johnson, Jr., President Construction Services of Roanoke, Inc. 3812 Bunker Hill Drive, S. W. Roanoke, Virginia 24018 Dear Mr. Johnson: I am enclosing copy of Ordinance No. 30845-011392 accepting the bid of Gardner- Smith, Inc., in the amount of $13,500.00, for certain repairs to the pedestrian bridge from the Courts Facility to the Police Building, located at 315 Church Avenue, S. W., upon certain terms and conditions. Ordinance No. 30845-011392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, January 13, 1992. 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, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sw ERe. 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 January 16, 1992 SANDRA H. EAKIN Deput~ CiV] Clerk File//377-5 Mr. George H. Williams, Jr. Vice-President Williams Painting and Remodeling, Inc. 2314 Ridgefield Street, N. E. Roanoke, Virginia 24012 Dear Mr. Williams: I am enclosing copy of Ordinance No. 30845-011392 accepting the bid of Gardner- Smith, Inc., in the amount of $13,500.00, for certain repairs to the pedestrian bridge from the Courts Facility to the Police Building, located at 315 Church Avenue, S. W., upon certain terms and conditions. Ordinance No. 30845-011392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, January 13, 1992. 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, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. MARY F. PARKER C~ Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V'wginia 24011 Telephone: (703)981-2541 January 16, 1992 SANDRA H. F.A~N Deputy City Clerk File #377-5 Mr. Joseph W. Christenbury, President Acorn Construction, Ltd. P. O. Box 625 Troutvilie, Virginia 24175 Dear Mr. Christenbury: I am enclosing copy of Ordinance No. 30845-011392 accepting the bid of Gardner- Smith, Inc., in the amount of $13,500.00, for certain repairs to the pedestrian bridge from the Courts Facility to the Police Building, located at 315 Church Avenue, S. W., upon certain terms and conditions. Ordinance No. 30845-011392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, January 13, 1992. 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, ~D~ Mary F. Parker, CMC/AAE City Clerk MFP: sw 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 January 16, 1992 SANDRA H. EAI~N Deputy City Clerk File #377-5 Mrs. Royce P. Foster Executive Vice President Q. M. Tomlinson, Inc. P. O. Box 11724 Roanoke, Virginia 24022-1724 Dear Mrs. Foster: I am enclosing copy of Ordinance No. 30845-011392 accepting the bid of Gardner- Smith, Inc., in the amount of $13,500.00, for certain repairs to the pedestrian bridge from the Courts Facility to the Police Building, located at 315 Church Avenue, S. W., upon certain terms and conditions. Ordinance No. 30845-011392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, January 13, 1992. 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, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th Day of January, 1992. No. 30845-011392. AN ORDINANCE accepting the bid of Gardner-Smith, Inc., of Salem, Virginia, for repair of the pedestrian bridge from the Courts Facility to the Police Building at 315 Church Avenue, S.W., upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Gardner-Smith, Inc., in the total amount of $13,500.00, for repair of the pedestrian bridge from the Courts Facility to the Police Building at 315 Church Avenue, S.W., as more particularly set forth in the January 13, 1992 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 on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. MARY F. PARI~R City Clerk CITY OF ROANOKF OFFICE OF THE CITY CLERK 215 Church Avenue, S.W. Room 456 Roanoke, Vh~inia 24011 Telephone: (703)981-2541 January 16, 1992 .~fl~IDRA H. EAKIN Deputy City Clerk File #60-5-377 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30844-011392 amending and reordaining certain sections of the 1991-92 General Fund Appropriations, providing for appropriation of $15,525.00 in connection with certain repairs to the pedestrian bridge connecting the Courts Facility and the Police Building. Ordinance No. 30844-011392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, January 13, 1992. Sincerely, ~(~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc: Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. Nelson M. Jackson, Manager, Building Maintenance/Custodial Services Mr. George C. Snead, Jr., Director, Administration and Public Safety Ms. Dolores C. Daniels, Assistant to the City Manager for Community Relations IN THE COUNCIL OF THE CITY OF ROANORE, VIRGINIA The 13th Day of January, 1992. No. 30844-011392. AN ORDINANCE to amend and reordain certain sections of the 1991-92 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by Roanoke that certain sections of Appropriations, be, and the same are reordained to read as follows, in part: the Council of the City of the 1991-92 General Fund hereby, amended and A ro riations Public Works Building Maintenance (1) ........................ $19,631,876 3,098,980 Revenue Miscellaneous Revenue Insurance Recoveries (2) ........................ 1) Maintenance 3rd Party Contract (001-052-4330-3056) $ 15,525 2) Insurance Recoveries (001-020-1234-0862) 15,525 $ 68,085 15,625 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: city Clerk. Roanoke, Virginia January 13, 1992 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Pedestrian Bridge Repair Courts Facility to Police Building 315 Church Avenue, $.W. Roanoke, Virginia Job No. 22-91A I concur with the recommendations of the attached Bid Committee Report. WRH/LBC/mm Attachment: cc: Respectfully submitted, W. Robert Herbert City Manager Bid Committee Report City Attorney Director of Finance Director of Public Works Director of Administration & Public Safety Citizens' Request for Service Manager, Building Maintenance Construction Cost Technician Roanoke, Virginia January 13, 1992 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Pedestrian Bridge Repair Courts Facility to Police Building 315 Church Avenue, S.W. Roanoke, Virginia Job No. 22-91A II. Background: Bids, following proper advertisement, were received by General services on November 8, 1991, and were publicly opened and read aloud for Pedestrian Bridge Repair to the connection between the Courts Facility and the Police Building. Six (6) bids were received with Gardner-Smith, Inc., of Salem, Virginia, submitting the low bid in the amount of $13~500.00 and 45 consecutive calendar days. -- Cycle Systems~ Inc. tried to get to the Jail dumpsters from Third Street (rather than from Campbell Avenue) and damaged several of the insulated panels on the bridge. The main structure of the bridge was not damaged. This contract covers the replacement of the damaged insulated panels. Claim was filed with CNA Insurance Co., Cycle Systems' insurance carier. The claim has been settled and CNA has paid the City $15~525.00. Issues in order of importance are: Compliance of the bidders with the requirements of the contract documents. B. Amount of the low bid. C. Funding for the project. D. Time of completion. Page 2 III. Alternatives are: Award a lump sum contract to Gardner-Smith, Inc., of Salem, Virginia, in the amount of $13~500.00 and 4--5 consecutive calendar days for Pedestrian Bridge Repair at the Courts Facility to Police Building in accordance with the contract documents as prepared by the City Engineer's office. Compliance of the bidders with the requirements of the contract documents was met. 2. Amount of the low bid is acceptable. Fundinq for this project is available in the amount of $15~525.00 from CNA Insurance Companies, the carrier for Cycle Systems, Inc. The check from the insurance carrier has been deposited in account number 001-020- 1234-0865, Insurance Recovery. The funding requirements are as follows: Contract Amount Project Contingency City Engineer's Office Expense, including cost of Legal Advertisement $13,500.00 1,300.00 725.00 TOTAL of Reimbursement Check $15,525.00 Time of completion is quoted as 45 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 be an issue. 2. Amount of the low bid would probably change if rebid at a later date. Page 3 IV. Funding would not be encumbered for this project at this time. Time of completion would be extended. The City has already delayed two months while waiting on the insurance company's reimbursement. Any further delay would permit the low bidder to withdraw his offer. Recommendation is that City Council take the following action: Authorize the City Manager to enter into a contractual agreement, in form approved by the City Attorney, with Gardner-Smith, Inc., of Salem, Virginia, for Pedestrian Bridge Repair, Court Facility to Police Building, in accordance with the contract documents as prepared by the City Engineer's Office in the amount of $13~500.00 and 45 consecutive calendar days. Appropriate $15t525.00 to account number 001-052-4330-3056, Building Maintenance, Outside Contracts, with a corresponding increase in the revenue estimate for Insurance Recoveries, account number 001-020-1234-0862. C. Reject the other bids received. Respectfully submitted, William F. Clark, Chairman Charles M. Huffine,/)~.E. J D. Darwin Roupe Page 4 WFC/LBC/mm Attachment: Bid Tabulation cc: City Attorney Director of Finance City Engineer Citizens' Request for Service Manager, Building Maintenance Construction Cost Technician TABULATION OF BIDS PEDESTRIAN BRIDGE REPAIR COURTS FACILITY TO POLICE BUILDING 315 CHURCH AVENUE, S.W. ROANOKE, VIRGINIA JOB NO. 22-91-A Bids opened by General Services on Friday, November 8, 1991, at 4:30 p.m. BIDDERS I BASE BID I TIME I BOND Gardner-Smith, Inc. $13,500.00 45 YES BKM Contractors $16,907.00 90 YES Corporation Acorn Construction, Ltd. $23,640.00 100 YES Q. M. Tomlinson, Inc. $24,000.00 120 YES Construction Services $24,627.00 120 YES of Roanoke, Inc. Williams Painting $25,080.00 112 YES and Remodeling, Inc. Engineer's Estimate: $15,500.00 William F. Clark, Chairman Charles M. Huffi~ P.~. D. Darwin Roupe Office of City Engineer Roanoke, Virginia January 13, 1992 MARY F. PARKER Cit~ Clerk CITY OF ROANOKF. OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke. V'wginia 24011 Telephone: (703)981-2541 January 16, 1992 SANDRAH. EAKIN Deput~Ci~'Clerk File #178-255 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30846-011392 endorsing a volume monthly parking discount rate not to exceed ten per cent for parking customers who rent at least 600 parking spaces per month in City or City of Roanoke Redevelopment and Housing Authority owned or operated parking garages or lots, and who pay for such spaces in full with one monthly remittance. Resolution No. 30846-011392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, January 13, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Eno. pc: Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Mr. Joel M. Schlanger, Director of Finance Mr. Kit B. Kiser, Director, Utilities and Operations Mr. Barry L. Key, Manager, Office of Management and Budget Mr. William F. Clark, Director, Public Works Mr. Brian J. Wishneff, Chief, Economic Development IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th Day of January, 1992. No. 30846-011392. A RESOLUTION endorsing a volume monthly parking discount rate in City or City of Roanoke Redevelopment and Housing Authority owned or operated parking garages or lots. BE IT RESOLVED by the Council of the City of Roanoke that this Council endorses the policy as set forth in the January 13, 1992 report of the City Manager to this Council to provide a monthly parking discount rate not to exceed ten percent (10%) for parking customers who rent at least 600 parking spaces per month in City or City of Roanoke Redevelopment and Housing Authority owned or operated parking garages or lots and who pay for these spaces in full with one monthly remittance. ATTEST: City Clerk. January 13, 1992 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Volume Monthly Parking Discount Rate I. Backqround: Roanoke City Council annually establishes the monthly parking rate to be charged at each of either the City owned or City operated parking garages and lots. Historically, the administration has recommended and Council has approved "flat" rates with no discount for volume monthly parking. Volume monthly parkinq customers (defined as a single business entity with 600 or more employees who park in municipal or RRHA parking facilities) presently number three (3) and at least one of these customers has indicated a willingness to expand their work force and rent additional monthly parking spaces if the monthly parking rate were discounted. In addition, there has been inquiry regarding the same from at least one additional potential volume monthly parking customer. II. Current situation: Monthly parkinq space two (2) of five (5) operated by the City. availability currently exists in parking garages either owned or Establishinq a volume monthly parkinq discount rate requires action by Council. III. Issues: A. Maintaininq and increasinq qaraqe occupancy. B. Revenue. C. Cost. D. Timinq. Members of Council January 13, 1992 Page 2 IV. Alternatives: ao Council approve of a volume monthly parking discount rat~ not to exceed ten (10) percent for those volume monthly parking customers who rent on City and/or RRHA owned garages or lots at least 600 monthly parking spaces per month and who pay for these spaces in full with one monthly remittance. Maintaining and increasing garage and lot occupancy is more likely to be achieved given that the cost of parking (and doing business) in downtown will be more competitive with the alternatives available to volume monthly parking customers. Revenue will be maintained and may increase as additional monthly parking spaces are rented. Cost implications will be positive. City of Roanoke will save considerable time dealing with a single entity rather than 600+ customers. Timing should insure that the one volume monthly parking customer that expressed an interest in a volume monthly parking discount rate will continue as a customer and increase its employment and the number of monthly parking spaces it rents. B. Do not approve of a volume monthly parking discount rat~. Maintaining and increasing garage occupancy will not be possible with short term revenue loss to the transportation fund. 2. Revenue may decrease. 3. Cost implications will remain status quo. Timing could result in the one volume monthly parking customer that expressed an interest in a volume monthly parking discount rate satisfying its parking needs elsewhere. Recommendation: It is recommended that Council adopt Alternative A and approve of a monthly parking discount rate not to exceed ten (10) percent for those volume monthly parking customers who rent at least 600 monthly parking spaces per month in City and/or RRHA Members of Council January 13, 1992 Page 3 owned or operated garages or lots and who pay for these spaces in full with one monthly remittance. WRH/kkd cc: Respectfully submitted, W. Robert Herbert City Manager Assistant City Manager City Attorney Director of Finance Director of Utilities and Operations Management and Budget Chief of Economic Development