HomeMy WebLinkAboutCouncil Actions 05-18-92BOWERS
(31011)
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
May 18, 1992
2:00 p.m.
AGENDA FOR THE COUNCIL
Call to Order Roll Call. Council Member Harvey was
absent.
The Invocation was delivered by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United Stnt~j of America
was led by Mayor Taylor.
Adopted Resolution No. 31011-051892 recognizing G. Roger Barton,
as Employee Of The Year in the Public Works directom~te~ (6-0)
2. CONSENT AGENDA
C-1
C-2
C-3
(Approved 6-0)
ALL MATrERS LISTF~D UNDER THE CONSENT AGENDA ARE
CONSIDERED TO BE ROUTINE BY THE MAYOR AND ME~MBERS OF
CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE
FORM, OR FORMS, LISTED BF~IDW. THFRE WILl. BE NO
SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS
DESIRED, THE ITEM W-~J. BE REMOVF~D FROM THE CONSENT
AGENDA AND CONSIDERF~D SEPARATF~I.Y.
A communication from Ms. Hallie B. Albergotti tendering her
resignation as a Commissioner of the Roanoke Redevelopment and Housing
Authority, Board of Commissioners, effective immediately.
RECOMMENDED ACTION: Receive and file the communication and
accept the resignation with regret.
Qualification of Mr. George A. McLean, Jr., as a member of the Fair
Housing Board, for a term ending March 31, 1995.
RECOMMENDED ACTION: Receive and file.
Qualification of Ms. Carolyn Hayes-Coles as a member of the City
Planning Commission, for a t~.~ ending December 31, 1992.
RECOMMENDED ACTION: Receive and file.
REGULAR AGENDA
e
I-1F. AR1NG OF CITIZF~NS UPON PUBLIC MATrERS:
None.
4. PETITIONS AND COMMUNICATIONS: None.
2
5. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
A report recommending adoption of a Minority and Women-
Owned Business Enterprise Plan to be implemented, effective
July l, 1992.
Adopted Resolution No. 31012-051892. (6-0)
A report recommending appropriation of funds, in the amount
of $6,254.60, received from the United States Depamnent of
Agriculture through the Virginia Department of Corrections to
enhance the food service programs at the Crisis Intervention
Center, Youth Haven I and Juvenile Detention Home.
Adopted Budget Ordinance No. 31013-051892. (6-0)
A report with regard to execution of a contract with Roanoke
Festival In The Park, Inc.
Adopted Resolution No. 31014-051892. (6-0)
A report recommending approval of insurance coverage to be
provided by Roanoke Festival In The Park, Inc., in connection
with the use of certain public streets and parks for 1992 Festival
In the Park activities.
Adopted Resolution No. 31015-051892. (6-0)
A report recommending waiver of rental fees and granting of
concession rights and commission to Roanoke Festival In The
Park, Inc., for use of Victory Stadium on May 22 and May 29,
1992.
Adopted Ordinance No. 31016 on first reading. (6-0)
A report with regard to execution of Amendment No. 6 to the
Short-Term Community Development Block Grant Float Loan
Agreement with Downtown Associates.
Adopted Ordinance No. 31017-051892. (6-0)
A report recommending acceptance of certain bids for radio and
communications equipment replacement for use by the
Communications Department; and transfer of $62,966.00
therefor.
Adopted Budget Ordinance No. 31018-051892 and Resolution
No. 31019-051892. (6-0)
go
A report recommending acceptance of the bid submitted by
Baker Brothers, Inc., to provide one new crawler loader, for use
by the Street Maintenance Department, in the amount of
$64,883.00; and lxansfer of funds therefor.
Adopted Budget Ordinance No. 31020-051892 and Resolution
No. 31021-051892. (6-0)
6. REPORTS OF COMMITFF F.S:
ao
A report of the committee appointed to tabulate bids received for
improvements to play areas at Huff Lane, Thrasher and Fishburn Parks
and Garden City Recreation Center, recommending award of a contract
4
to Southern Systems, Inc., T/A Southern Playground and Equipment
Company, in the amount of $88,484.00; and transfer of funds therefor.
Council Member William White, Sr., Chairperson.
Adopted Budget Ordinance No. 31022-051892 and Ordinance No.
31023-051892. (6-0)
7. UNFINISHF. D BUSINESS: None.
8. INTRODUCTION AND CONSIDERATION
ORDINANCES AND RESOLUTIONS:
OF
ao
Ordinance No. 30985, on second reading, rezoning a tract of land
located on the north side of Pioneer Road at Williamson Road, N. W.,
containing .25 acre, identified as Official Tax No. 2090215, from C-I,
Office District, to C-2, General Commercial District, subject to certain
conditions proffered by the petitioner.
Adopted Ordinance No. 30985-051892. (6-0)
Ordinance No. 30991, on second reading, providing for the vacation
of a portion of a certain storm drain easement located on Lot 10, Maple
Tree Town_houses, upon certain temis and conditions.
Adopted Ordinance No. 30991-051892. (6-0)
Ordinance No. 30992, on second reading, providing for the sale of a
certain 0.55 acre parcel of City owned property and the dedication to
the Virginia Department of Transportation of certain City owned right-
of-way located in the Beaverdam Reservoir Watershed, upon certain
terms and conditions.
Adopted Ordinance No. 30992-051892. (6-0)
Ordinance No. 31008, on second reading, amending the City Code to
transfer authority for assessment and collection of the franchise fees,
utility tax, admissions tax, transient occupancy tax, and special tax on
5
consumers of local telephone services from the Commissioner of
Revenue to the Director of Finance; to increase the penalty for failure
to report or pay utility, admissions or transient occupancy tax to a
Class I misdemeanor; to provide a monetary penalty for a late
remittance or false return for admissions and transient occupancy tax;
to clarify the method of calculation of the admissions tax; to provide
a unifomi payment date and record retention period for the above
taxes; to impose a monitoring requirement on the Director of Finance
for the above taxes; and providing for an effective date.
Adopted Ordinance No. 31008-051892. (6-0)
9. MOTIONS AND MISCEI.I.ANEOUS 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 CITIZE. NS: None.
6
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of May, 1992.
No. 31011-051892.
A RESOLUTION recognizing G. ROGER BARTON, as Employee Of The Year
in the Public Works directorate.
WHEREAS, the Director of Public Works has instituted a program to
recognize the services and contributions of one of the directorate's
employees by designating an Employee Of The Year;
WHEREAS, G. Roger Barton is a Maintenance Mechanic III in the
Building Maintenance Department at the Public Works Service Center and
has been employed by the City on a permanent basis since July 1, 1970;
WHEREAS, Mr. Barton has used only 8 1/2 days sick leave from 1986
through 1991, and has received a letter of commendation for his
attendance;
WHEREAS, Mr. Barton received a letter of commendation from
District Fire Chief Bobbie S. Slayton for painting the Number One Fire
Station;
WHEREAS, Mr. Barton does outstanding work and shows strong
leadership in his assigned area, fills in during any absence of his
supervisor, and willingly accepts any task assigned him and his crew;
WHEREAS, most recently Mr. Barton planned and coordinated the
repairs to and restoration of Memorial Bridge which have restored the
Bridge to a condition befitting a memorial to World War II veterans;
and
WHEREAS, Mr. Barton has been selected as the Public Works
directorate's Employee Of The Year for 1991-92.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that this Council adopts this means of recognizing and commending the
excellent services rendered to the City by G. ROGER BARTON, Maintenance
Mechanic III.
ATTEST:
City Clerk.
Office of the Mayor
CITY OF ROANOKE
rotl m dion
WH~, public works services provided in our community are an integral part of
the every day lives of citizens; and
WHEREAS, the support of an understanding and informed citizenry is vital to the
efficient operation of public works systems and programs such as water,
sewers, street~ and highways, public buildings, solid waste collection, and
snow removal; and
WHF2EAS, the health, safety and corn/on of the Roanoke community greatly depend
on these facilities and services; and
the quality and effectiveness of these facilities, a~ well as their planning,
design, and construction, are vitally dependent upon the efforts and skill
of public works officials; and
WHEREAS,
the efficiency of the qualified and dedicated personnel who staff public
works departments is materially influenced by the people's attitudes and
understanding of the importance of the work they perform.
NOW, THEREFORE, L Noel C. Taylor, Mayor of the City of Roanoke, Virginia, do
hereby proclaim May 17 - 23, 1992; as
NATIONAL PUBLIC WOl~t~.R WF. RK
in the City of Roanoke, and call upon all citizens and civic organizatio~
to acquaint themselves with the problems involved in providing public
works and to recognize the contributions that public works officials make
everyday to our health, safety and comfort.
Given under our hands and the Seal of the City of Roanoke this eighteenth
day of May in the year of our Lord, nineteen hundred and ninety-two.
ATTEST:
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
21~ Church Avenue, S.W., Room 456
Roanoke, Virginia 2~011
Telephone: (703) 98 I-2~41
May 26, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #15-178
Ms. Hallie B. Albergotti
650 North Jefferson Street
Apartment 329
Roanoke, Virginia 24016
Dear Ms. Albergotti:
Your communication tendering your resignation as a Commissioner of the Roanoke
Redevelopment and Housing Authority, Board of Commissioners, effective
immediately, was before the Council of the City of Roanoke at a regular meeting held
on Monday, May 18, 1992.
On motion, duly seconded and adopted, the communication was received and filed,
and your resignation was accepted with regret.
The Members of City Council requested that I express their sincere appreciation for
the many services you have rendered to the City of Roanoke as a Commissioner of the
Housing Authority. Please find enclosed a Certificate of Appreciation issued by the
Mayor on behalf of the Members of the Roanoke City Council.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
pc:
Mr. Robert W. Glenn, Chairperson, City of Roanoke Redevelopment and
Housing Authority, 1878 Arlington Road, S. W., Roanoke, Virginia 24015
Mr. H. Wesley White, Acting Executive Director, City of Roanoke
Redevelopment and HousingAuthority, 2624 Salem Turnpike, N. W., Roanoke,
Virginia 24017
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
May 26, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #15-178
Mr. Hugh A. Meagher, Chairperson
Fair Housing Board
1201 Crestmoor Drive, S. W.
Roanoke, Virginia 24018
Dear Mr. Meagher:
This is to advise you that Mr. George A. McLean, Jr., .has qualified as a member of
the Fair Housing Board for a term ending March 31, 1995.
Sincerely, ~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
pc: Ms. Dolores C. Daniels, Assistant to the City Manager for Community Relations
Oath or ^ffirmation
Stat~ of V/rgln/a, City o] Roanoke, to .w/t:
., do solemnly swear (or ~[trm) that
I, _Geor~;e A. McLean~ Jr.
will support the Constitution of the United States, and the Constitution of the State of Virginia, and that
will faithfully and impartially discharge and perform all the duties incumbent upon me ~_s --
a member of the Fair Housing Board, for a term ending March 31, 1995.
Subscrxbed and sworn to before me, t --
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
May 26, 1992
SANDRA H. EAKIN
Dcputy City Clerk
File #15-200
Mr. Charles A. Price, Chairperson
City Planning Commission
3101 Willow Road, N. W.
Roanoke, Virginia 24017
Dear Mr. Price:
This is to advise you that Ms. Carolyn Hayes-Coles has qualified as a member of the
City Planning Commission for a term ending December 31, 1992.
Sincerely, ~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
pc: Mr. John R. Marlles, Chief, Community Planning
Oa{h or A{{irrna{ion o{ O{{ice
::'~ -" '~/a City of Roanoke, to .~mt: , do solemnly swear (or a~rm) that
StaJz OJ~¥~'gt ' ~'~ AS ~ ..... nia and that
c-J CarOl n 14a es°~u'~ _n ,No Constitution o{ the State o~ virg~ ,
~-, -~-J-~'~-~'-'~ -... ~ ~*o~e~. and the Const~tu~
· ~ . . hired
::: ~ the Constxtut~on o[ the U ' "s incumbent upon me
will ~-ppor~ d -erform all the aurae
~will ~tMully and impartially discharse an P . .
a member of the City planning Commission, for a term end~ng December 31, 199z
according to the best of my ability. So help me God.
Subscribed and sworn to belore me, tbls ~-ff-~day
Deputy 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
May 26, 1992
SANDRA H. F, AKIN
Deputy City Clerk
File #11-411
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 31012-051892 endorsing and adopting the
.Minority and Women-Owned Business Enterprise Plan, as more particularly set forth
in a report of the City Manager under date of May 18, 1992. Resolution No. 31012-
051892 was adopted by the Council of the City of Roanoke at a regular meeting held
on Monday, May 18, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Ene.
pc:
Mr. Joel M. Schlanger, Director of Finance
Mr. William F. Clark, Director, Public Works
Mr. Charles M. Huffine, City Engineer
Mr. George C. Snead, Jr., Director, Public Safety
Mr. D. Darwin Roupe, Manager, General Services
Mr. Kit B. Kiser, Director, Public Facilities
Mr. James D. Ritchie, Director, Human Development
Ms. Marie T. Pontius, Grants Monitoring Administrator
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2~011
Telephone: (703) 981-2541
June 1, 1992
SANDRA H. EAKIN
l~puty City Clerk
File $$11-411
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,
May 18, 1992, Council adopted Resohition No. 31012-051892 approvinga Minority and
Women-Owned Business Enterprise Plan to be implemented effective July 1, 1992.
Council Member White requested that you provide Council with a report on minority
business participation currently in effect in the City, and as well as the projected
increase in minority business participation based upon implementation of the new
Minority and Women-Owned Business Enterprise Plan. You were further requested
to submit your report to Council within a period of 30 to 60 days.
Sincere)y,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc o
pc: The Honorable William White, Sr., Council Member
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of May, 1992.
No. 31012-051892.
A RESOLUTION endorsing and adopting a Minority Business
Enterprise Plan.
WHEREAS, it is the desire of City Council to maximize minority
and women-owned business enterprise participation in all aspects of
the City's contracting opportunities.
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke that this Council does endorse and adopt the Minority and
Women-Owned Business Enterprise Plan, dated May 18, 1992, attached
to and more particularly described in a report of the City Manager
dated May 18, 1992.
ATTEST:
City Clerk.
Roanoke, Virginia
May 18, 1992
Honorable Mayor Noel C. Taylor
and Members of City Council
Roanoke, Virginia
Dear Mayor and Council Members:
Subject: Minority and Women-Owned Business Enterprise Plan:
Opportunities for Participation in City Contracts
I. Back~round:
Solicitation and award of City contracts must comply
with the City Charter and City Procurement Code as well
as the Virginia Public Procurement Act. In general,
public procurement requires the City to obtain bids and
award contracts on City projects to the "lowest
responsive and responsible bidder." The determination
of whether a bidder is "responsible" must be made upon
considerations solely related to job performance.
Use of minority and women-owned business enterprises
can be encouraged by the City within legal constraints
of State Code provisions. General conditions for City
construction contracts prohibit employment
discrimination. Known minority firms are sent bid
documents related to the purchase of materials,
supplies, or services.
In the case of federally funded projects with contracts
over $100,000 bid notices are mailed to designated
minority assistance organizations across the state,
advertisements are placed in minority-owned newspapers,
and majority contractors are required to make a "best
or good faith effort" to utilize minority suppliers and
subcontractors.
Preliminary draft of a minority business plan was
presented to City Council on October 14, 1991. The
City administration indicated its intention to discuss
this proposal with representatives of minority business
enterprises before making a final recommendation.
Mayor and Council Members
Page 2
II. Current Situation:
ae
City Council and the City Administration recognize the
desirability of improving opportunities for minority
and women-owned business enterprises to participate in
City contracts.
The City's Office of Grants Compliance has worked with
local business and community groups to establish a
network of small and minority businesses. This network
was one outcome of a small business workshop sponsored
by the City on October 24, 1991. The topic of that
meeting was marketing and provided seminars and round
table discussions concerning the best ways for small
and minority business to market themselves.
Durin9 the past 6 months City personnel have solicited
comments from representatives of minority business
enterprises and have met with them to discuss a plan to
provide additional opportunities for participation in
all aspects of City expenditures. A Minority and
Women-Owned Business Enterprise Plan has been developed
in concert with local minority business representatives
and is ready for presentation to City Council.
III. Issues:
A. Legal authority.
B. Improved job/business opportunities.
C. Cost to the City.
IV. Alternatives:
City Council adopt the attached Minority and Women-
Owned Business Enterprise Plan to be implemented
effective July 1, 1992.
Legal authority exists, within provisions of the
State Procurement Code, for implementation of
provisions of the plan.
Improved job/business opportunities should result,
as the City makes clear to the community its
policy to encourage opportunities for minority and
women-owned business enterprises to participate in
City contracts.
Mayor and Council Members
Page 3
e
Cost to the City cannot be accurately determined
but is not anticipated to be significant.
Prospects for cost savings could result from
increased competition for work.
City Council not concur in the attached Minority and
Women-Owned Business Enterprise Plan:
Legal authority still exists to implement some
additional measures, even though the City already
complies with the State Procurement Code and
prohibits employment discrimination on City
projects.
Improved job/business opportunities will still
likely occur through normal business practices and
competition in the marketplace. However, the City
will not take a more active position than
currently exists.
3. Cost to the City would be moot.
V. Recommendation:
City Council adopt the attached Minority and Women-Owned
Business Enterprise Plan and instruct the City
administration to take the appropriate measures to implement
the Plan effective July 1, 1992.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH:WFC:pr
Attachment
cc: Wilburn C. Dibling, Jr., City Attorney
Joel M. Schlanger, Director of Finance
William F. Clark, Director of Public Works
George C. Snead, Director of & Public Safety
Kit B. Kiser, Director of Public Facilities
James D. Ritchie, Director of Human Development
Marie T. Pontius, Grants Monitoring Administrator
D. Darwin Roupe, Manager, General Services
Charles M. Huffine, City Engineer
CITY OF ROANOKE
MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE PLAN
1. POLICY STATEMENT
It is the policy of the City of Roanoke to maximize minority
and women-owned business enterprises participation in all aspects
of City contracting opportunities. In order to demonstrate its
commitment to this policy, the procedures set forth in this
document shall be followed whenever possible.
2. DEFINITIONS
2)
A minority business enterprise (MBE) is a business:
which is at least 51% owned by one or more minority
individuals or, in the case of any publicly owned
business, at least 51% of the stock is owned by one
or more minority individuals; and
whose management and daily business operations are
controlled by one or more minority individuals.
or lawful
l)
A minority individual is an individual who is a citizen
resident of the United states and is a:
Black America~, which includes persons having
origins in any of the Black racial groups of
Africa;
2)
3)
Hispanic American, which includes persons of
Mexican, Puerto Rlcan, Cuban, Central, or South
American, or other Spanish or Portuguese culture or
origin, regardless of race;
Native America_~n, which includes persons who are
American Indians, Eskimos, Aleuts, or Native
Hawaiians;
4)
5)
Asian-Pacific American, which includes persons
whose origins are from Japan, China, Taiwan, Korea,
Vietnam, Laos, Cambodia, the Philippines, Samoa,
Guam, the U.S. Trust Territories of the Pacific,
and the Northern Marianas; or
Asian-IndianAmeric~,, which includes persons whose
origins are from India, Pakistan, Bangladesh, and
Sri Lanka.
C. A women-o~ned business enterprise (~BE) is a
business which is at least 51% owned by one or more women who
also control and operate lt.
3. EMPLOYMENT DISCRIMINATION PROHIBITED
A. Every construction contract to which the City is a
party shall contain the following provisions:
1. During the performance of this contract, the Con-
tractor agrees as follows:
(1)
The Contractor will not discriminate
against any subcontractor, employee, or
applicant for employment because of race,
religion, color, sex, or national origin
except where race, religion, sex, or
national origin, is a bona fide
occupational qualification reasonably
necessary to the normal operation of the
Contractor.
(2)
The Contractor, in all solicitations or
advertisements for employees by or on
behalf of the Contractor, will state that
such Contractor is an equal employment
opportunity employer.
(3)
Notices, advert isement s, and
solicitations placed in accordance with
federal law, rule or regulation shall be
deemed sufficient for the purpose of
meeting the requirements of this section.
2. The Contractor wilt include the provisions of the
foregoing paragraphs (1), (2) and (3), in every subcontract o~
purchase order so that the provisions will be binding upon each
subcontractor or vendor.
B. All non-construction contracts to which the City
party shall contain the following provision:
In the performance of this agreement, consultant [or
other applicable party] shall not discriminate against
any contractor, subcontractor, sublessee, employee,
applicant for employment or lnvitee because of race,
religion, color, sex or national origin except where
race, religion, color, sex or national origin is e bona
fide qualification reasonably necessary to the normal
operation of consultant [or other applicable party].
- 2
4. ALL CONTRACTS
The City will maintain a list of local minority and women-
owned business enterprises who will be sent written notice of
pending City contracting opportunities. As a part of the bid
documents on projects over $100,000, this list will be provided to
general contractors to assist and encourage their use of MBE and
WBE subcontractors.
5. CONSTRUCTION CONTRACTS
A. The City of Roanoke shall, whenever possible, advertise
each contracting opportunity over $15,000, at least once, thirty
days prior to the receipt of bids or proposals for construction.
Such advertisement shall be placed in the Roanoke Times & World
News and Roanoke Tribune.
B. The City will provide a copy of the plans and
specifications for all construction projects to the Southwest
Virginia Community Development Fund and local contractors viewing
room(s) so that MBE's and WBE's can review these items at no
charge.
C. The City will require that general contractors make a
"best or good faith effort" to utilize MBE's and WBE's as suppliers
and subcontractors. General contractors will be required to show
that they may have made efforts to recruit MBE's and WBE's by
incorporating into the bid or proposal form:
statements indicating efforts to negotiate with
MBE's or WBE's and the results. Bidders will be
required to list those MBE's or WBE's from whom
quotations for labor, materials, and/or services
have been solicited, and state which MBE's and
WBE's, if any, the contractor will use on the
project if awarded the bid; and
(2) certification that they have made a good faith
effort to utilize MBE's or WBE's whenever possible.
D. The Contractor will be required to use all MBE and WB£
subcontractors and/or vendors which have been identified in C.(l)
to be used on the project unless the Contractor can demonstrate
sound business reason for not using the MBE or WBE.
E. The Liaison Officer or designee will closely monitor the
requirements of this section.
6. LIAISON OFFICER
A. The Clty Manager has designated the Grants Monitoring
Administrator to serve as the Liaison Officer for MBE's and
WBE's. This individual may be contacted in Room 362, Municipal
Building, Roanoke, Virginia 24011, telephone (703) 981-2141.
B. The Liaison Officer will work with local businesses and
community groups to establish a network of MBE's and WBE's and
actively encourage their involvement in City construction projects
and in supplying goods or services. Such involvement will include
providing technical assistance to MBE's and WBE's, not only in
actual bidding on City projects, but also in forming liaisons or
partnerships with other contractors and actively marketing
themselves to general contractors.
C. The Liaison Officer will work with the City Engineer and
Manager of General Services to ensure that MBE's and WBE's are
provided an equal opportunity to bid or make quotes on City
projects. Complaints by MBE's and WBE's in regard to unfair
practices on City projects will be investigated by the Liaison
Officer and reported to the City Manager.
- 4 -
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
May 26, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #60-305
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 31013-051892 amending and reordaining certain
sections of the 1991-92 General Fund Appropriations, providing for a total
appropriation of $6,254.00 to Crisis Intervention Center, Youth Haven I, and
Juvenile Detention Home, to be used in connection with enhancement of the food
service programs at the facilities. Ordinance No. 31013-051892 was adopted by the
Council of the City of Roanoke at a regular meeting held on Monday, May 18, 1992.
Sincerely, ~~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Eno.
pc:
Mr. W. Robert Herbert, City Manager
Mr. James D. Ritchie, Director, Human Development
Mr. Jack E. Trent, Manager, Youth Haven I
Ms. Annie Krochalis, Manager, Crisis Intervention Center
Mr. Mark C. Johnson, Manager, Juvenile Detention Home
Mr. Barry L. Key, Manager, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of May, 1992.
No. 31013-051892.
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 the Council of the City of
Roanoke that certain sections of the 1991-92 General Fund
Appropriations, be, and the same are hereby, amended and
reordained to read as follows, in part:
Public Safety
Juvenile Detention Home (1) .......................
Youth Haven I (2) ......
$29,344,715
691,050
353,203
401,245
Grants-in-Aid Commonwealth
Other Categorical Aid
1) USDA-Expenditures
2) USDA-Expenditures
3) USDA-Expenditures
4) USDA-Juvenile
Detention Home
5) USDA-Crisis
Intervention
6) USDA-Youth Haven
(4-6) .......................
(001-054-3320-3000) $4,668
(001-054-3350-3000) 458
(001-054-3360-3000) 1,128
(001-020-1234-0660) 4,668
(001-020-1234-0661) 458
(001-020-1234-0662) 1,128
$53,312,390
12,904,076
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
May 18, 1992
Roanoke, Virginia
The Honorable Mayor and City Council
Roanoke, Virginia
SUBJECT: FUNDS FROM THE UNITED STATES
DEPARTMENT OF AGRICULTURE
BACKGROUND
A. City of Roanoke receives funds from the United States
Department of A~riculture (USDA), through the Virginia
Department of Corrections to enhance the food service
program of Crisis Intervention Center (Sanctuary), Youth
Haven I, and Juvenile Detention Home.
II. CURRENT SITUATION
USDA funds for the Third Quarter of Fiscal 1992 have been
received by the City of Roanoke for the facilities, as
follows:
1. Crisis Intervention $ 1,128.11
2. Youth Haven I 458.37
3. Juvenile Detention Home
4,668.12
TOTAL $ 6,254.60
USDA funds usaqe requlations require the funds to be used
for:
1. Equipment and repairs;
2. Food costs;
3. Labor costs of food service workers.
C. USDA Requirements for record keeping are:
Monies are to be kept in separate account and
cannot be combined with State and Local funds;
2. Detailed records are to be kept for all
expenditures made against the funds;
Each facility is to maintain inventory lists of
equipment purchases and file annual reports to the
Department of Corrections.
The Honorable Mayor and City Council
Funds from the United States Department of Agriculture
Page 2
III. ISSUES
Budqet
Needs of Food Service Proqram
Time
IV. ALTERNATIVES
A. Appropriate the USDA funds to the Crisis Intervention
Center, Youth Haven I and Juvenile Detention Home.
BudGet - Ail Funds have been received by the City.
No local funds are required.
Needs of Food Service Proqram - The facility may
use the funds to improve their respective food
services programs and equipment and to offset local
cost of food service personnel.
3. Time - Funds will be spent in the current fiscal
year.
Do not appropriate the USDA funds to the Crisis
Intervention Center, Youth Haven I and Juvenile Detention
Home.
1. Budqet- Funds already received will have to be
returned to USDA.
Needs of Food Service Proqram - Facilities could
not upgrade their food service program and
equipment. Emergency needs of the facilities would
have to come from local funds or existing budgets.
3. Time Time would no longer be a consideration
since funds would be returned.
The Honorable Mayor and City Council
Funds from the United States Department of Agriculture
Page 3
RECOMMENDATION
Appropriate $6,254.60 in USDA funds to the Crisis
Intervention Center. Youth Haven I and Juvenile Detention
Home and increase correspondina revenue estimates as
follows fAlternative A):
Crisis Intervention Center - Revenue
001-020-1234-0661 - USDA - Crisis Intervention
$ 1.128.11 to Account No. 001-054-3360-3000
Youth Haven I - Revenue
001-020-1234-0662 - USDA - Youth Haven I
$ 458.37 to Account No. 001-054-3350-3000
Juvenile Detention Home - Revenue
001-020-1234-0660 - USDA - Juvenile Detention
$ 4.668.12 to Account No. 001-054-3320-3000
Respectfully submitted,
W. Robert Herbert
City Manager
WRH:JDR:MCJ:w
cc:
Wilburn Dibling, Jr., City Attorney
Joel Schlanger, Director of Finance
J. D. Ritchie, Director of Human Resources
Jack Trent, Youth Haven Manager
Annie Krochalis, Crisis Intervention Manager
Mark Johnson, Superintendent of Detention
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
May 26, 1992
SANDRA H. EAKIN
D~puty City Clerk
File #67-87
Ms. Wendi T. Schultz
Executive Director
Festival in the Park, Inc.
P. O. Box 8276
Roanoke, Virginia 24014
Dear Ms. Schultz:
I am enclosing copy of Resolution No. 31014-051892 authorizing execution of an
agreement with Roanoke Festival in the Park to provide that the City wili grant
credit in an amount not to exceed $45,000.00 for use of such organization for 1992
Festival activities. Resolution No. 31014-051892 was adopted by the Council of the
City of Roanoke at a regular meeting held on Monday, May 18, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
pc:
Mr. Edward Newman, President, Board of Directors, Festival in the Park,
Inc., P. O. Box 8276, Roanoke, Virginia 24014
Mr. W. Robert Herbert, City Manager
Mr. Joel M. Schlanger, Director of Finance
Mr. William F. Clark, Director, Public Works
Mr. George C. Snead, Jr., Director, Public Safety
Mr. Gary N. Fenton, Manager, Parks and Recreation
Mr. E. Laban Johnson, Special Events Coordinator
Mr. James D. Ritchie, Director, Human Development
Ms. Lauren G. Eib, Risk Management Officer
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
lhe 18th day of May, 1992.
No. 31014-051892.
A RESOLUTION authorizing the execution of an agreement with
Roanoke Festival in the Park.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager or the Assistant City Manager and the
City Clerk are hereby authorized, for and on behalf of the City, to
execute and attest, respectively, an agreement with Roanoke
Festival in the Park to provide the City will grant credit in an
amount up to $45,000.00 for use of such organization for the 1992
Festival activities.
2. The agreement shall be substantially in the form attached
to the City Manager's report dated May 18, 1992.
3. The agreement shall contain such other terms and
conditions deemed reasonable and appropriate by the City Manager,
and the form of the agreement shall be approved by the City
Attorney.
ATTEST:
City Clerk.
Roanoke, Virginia
May 18, 1992
Honorable Noel C. Taylor, Mayor
and Members of Council
Roanoke, Virginia
Dear Members of Council:
SUBJECT: ROANOKE'S FESTIVAL IN THE PARK, INC.
I. BACKGROUND
Roanoke Festival in the Park presents the largest
annual event in the City.
Be
Substantial City support is required since Festival in
the Park is operated almost exclusively on City property.
A contract has been negotiated with Roanoke Festival in
the Park that would clearly delineate services to be
provided and the amount of City expenditures to support
these services.
II. CURRENT SITUATION:
Festival in the Park, '92 is scheduled to begin on
Thursday, May 21, 1992.
The proposed contract (attached) has been negotiated with
a limit of $45,000 of City services including labor,
utilities, fees and equipment rentals.
III. ISSUES:
A. Financial
B. Staff Support
C. Leqal
D. Timinq
Mayor and Members of Council
May 18, 1992
Page 2
IV. ALTERNATIVES:
Be
Council authorize contract to be finalized bv City
Attorney and siqned by City Manaaer.
Financial support up to a limit of $45,000 will be
credited to Roanoke Festival in the Park for City
services including labor, utilities, fees and
equipment rentals.
Staff SUPPort will be committed to Roanoke Festival
in the Park as in the past.
Leqal authority is vested in Council to enter into
a contract to provide services to Roanoke Festival
in the Park under the terms of the negotiated
contract.
Timinq of the signing is critical since the event
opens on Thursday evening and continues through
May 31.
Council not authorize the contract.
Financial suDport will not be extended to the event
and the credited funds will remain with the various
City Departments.
2. Staff support will not be required.
Leqal authority of Council to execute a contract
is a moot issue.
4. Timing of the event will be unaffected.
Mayor and Members of
May 18, 1992
Page 3
Council
RECOMMENDATION: City Council concur with Alternative "A" to
permit the city Attorney to finalize the contract and allow
the city Manager to sign it.
Respectfully Submitted,
W. Robert Herbert
City Manager
WRH/elj
Attachment
CC:
Mr. Edward Newman
Mrs. Wendi Schultz
City Attorney
Director of Finance
Director of Public Works
Director of Public Safety
Risk Management Officer
Manager of Parks and recreation
Special Events Coordinator
AGREEMENT
THIS AGREEMENT is made this 18th day of May, 1992, between the
City of Roanoke, Virginia ("City") and Roanoke Festival in the
Park, a Virginia nonstock corporation ("Licensee").
WHEREAS, Licensee has, for several years, operated Festival in
the Park ("Event") which benefits the residents of the Roanoke
Valley by attracting tourism to the City of Roanoke and surrounding
areas, by having a substantial economic impact upon the City and by
enhancing the cultural and social opportunities available in the
area; and
WHEREAS, Licensee intends to continue to promote the Event
during the current fiscal year and thereafter; and
WHEREAS, City has, in the past, provided substantial in-kind
support to Licensee; and
WHEREAS, the parties to this Agreement desire to formalize the
arrangement between City and Licensee with respect to the Event;
and
WHEREAS, it is the intent of the parties that this Agreement
shall form the basis for future contractual relations between the
parties which may include a multi-year term with renewable
provisions.
W I TNE S S E TH:
IN CONSIDERATION of the mutual covenants contained in this
Agreement, City and Licensee agree as follows:
1. Financial Support: During fiscal year 1991-92, City shall
grant to Licensee credit in an amount not to exceed $45,000.00
(this amount having
actual experience).
utility, labor, and
been determined based on prior years'
Licensee may use such credit to offset
equipment usage charges and related
expenses which Licensee incurs with the City in relation to
the Event. These charges and related expenses are generally
outlined in the request packet provided by Licensee to the
City prior to the Event. During the 1991-92 fiscal year, if
Licensee's charges with the City exceed $45,000.00, City and
Licensee shall discuss the cause of the excess. If it is
determined that such excess charges were the result of the
original credit amount of $45,000.00 being insufficient to
meet the actual charges and related expenses outlined in the
request packet, Licensee shall not be required to reimburse
the City. If any excess is due to abnormal or additional
demands by Licensee of the City, Licensee agrees to reimburse
the City within ten (10) days after discussions with the City
and its receipt of an invoice detailing charges and expenses
claimed due.
Accounting Related to Victory Stadium: On or before June 29,
1992, Licensee shall file with the City Clerk a preliminary
certified statement setting forth the gross receipts, program
expenses, and net revenues from each usage of Victory Stadium,
and a statement that all net revenues from each such usage
will be expended in accordance with Resolution 24982, adopted
by City Council January 28, 1980. On or before August 29,
1992, Licensee shall provide a final certified statement
setting forth the gross receipts, program expenses, and net
revenues of each such usage of Victory Stadium.
City Representative: The City Manager shall designate in
writing one or more contact persons to serve as the City's
representative to the Event. This representative will serve
as coordinator between the City and Licensee, expediting all
requests, keeping Licensee and the City fully informed of new
procedures, ordinances, and the like having an impact on both
the City and Licensee. Licensee may request and the City
Manager may designate another or additional contact person
upon a showing by Licensee that such request is reasonably
necessary to the success of the Event.
Elmwood Park: Licensee agrees that each event held at Elmwood
Park shall be scheduled to conclude promptly by 10:00 p.m. In
case of exigent circumstances, Licensee may extend the event
to 10:15 p.m., after which time the City Manager or his
representative, after consultation with Licensee, may permit
the event to continue beyond 10:15 p.m. to a time certain
designated by the City Manager or his designated
representative.
Provision of Information: Licensee shall provide the City
with the name and address of each food or beverage vendor who
has filed an application to sell or offer for sale to the
public any goods at Festival. Such information shall be
provided as soon as practicable to the City's Office of
Billings and Collections.
Vendors with Delinquent Taxes: City shall provide Licensee
with a list of vendors who have delinquent tax obligations
owing to the City. Licensee shall notify in writing such
vendors that they may be subject to prosecution for any tax
delinquencies if the City provides Licensee with properly
identified vendors prior to the time Licensee mails contracts
to each vendor accepted in the current year's Event. Licensee
shall have no liability for any vendor's tax delinquencies.
Payment of Taxes by Licensee: Licensee agrees to collect and
pay to the City all taxes owing to City that result from
Licensee's activities related to the Event, including but not
limited to admissions tax pursuant to Article IX of Title 32,
Code of the City of Roanoke (1979), as amended.
With respect to the prepared food and beverage tax, Licensee
agrees to place in an interest-bearing escrow account funds to
pay such tax. Licensee has submitted an application for
exemption from taxation under the Virginia Retail Sales and
Use Tax Act. Licensee shall attempt in good faith to
expedite obtaining a response to such request and shall
promptly notify the City of the result of such request. If
such exemption is granted on or before January 1, 1993, the
amount in the escrow account, including interest, shall be
retained by Licensee.
rejection of its request,
City the amount in the
Licensee does
If Licensee receives notice of
Licensee shall promptly pay to the
account, including interest. If
not receive approval of the exemption by
4
January 1, 1993, Licensee shall promptly pay to the City the
amount in the account, including interest.
Insurance: Licensee shall obtain and maintain, until the
conclusion of the last day of the Event, commercial general
liability insurance with minimum limits of One Million Dollars
($1,000,000) per occurrence and Two Million Dollars
($2,000,000) aggregate to include Five Thousand Dollars
($5,000) medical payments. The policy shall be an
"occurrence" type policy from an insurance company licensed to
do business in the State of Virginia with a Best Rating of A
or better. Co-sponsors of the River Race, Soccer Tournament,
Bike Race and Dominion Run shall provide the City with proof
of commercial general liability insurance of at least One
Million Dollars ($1,000,000) for the co-sponsored event.
Licensee and the co-sponsors of the events listed above shall
name the City, its officers, agents, employees and volunteers
as additional insureds as their interests may appear on the
appropriate liability policies. Both licensee and co-sponsors
shall furnish to City certificates evidencing the required
insurance coverage and expressly providing that such coverage
shall not be canceled or materially altered except after
thirty (30) days prior notice to City. All insurance
correspondence shall be sent to the City of Roanoke, c/o Risk
Management Officer, Room 207, Municipal Building North,
Roanoke, Virginia, 24011.
5
Indemnification and Allocation of Risk: Licensee agrees to be
responsible for and pay, indemnify and hold harmless City, its
officers, agents and employees against any and all loss, cost
or expense, including reasonable attorneys' fees, and other
costs of defense, resulting from any claim or legal action of
any nature whatsoever, whether or not reduced to a judgment,
for any liability of any nature whatsoever that may arise
against City in connection with the Event or in connection
with any of the rights and privileges granted by City to
Licensee in this Agreement, including, without limitation,
personal injury, wrongful death or property damage claims, any
patent, trademark, franchise, copyright, libel or defamation
claim or suit and any claim or suit based upon Licensee's or
Licensee's agents', servants', employees' or invitees'
intentional or negligent acts or omissions, and any claims,
fines or penalties resulting from improper use, storage,
release or disposal on City property of any substance
regulated under any federal, state or local law, regulation or
ordinance; except that Licensee shall not indemnify City for
any liability or expense which results from the City's, its
employees' or agents' own acts or omissions. Licensee
specifically agrees to indemnify and hold City harmless from
any and all claims, losses or expenses, including reasonable
attorney's fees, incurred with regard to performance of
copyrighted materials during the Event.
6
10. Receipt and Storage of Property: Receipt and storage of
equipment or property by City for Licensee shall not be
permitted unless authorized in writing by the City Manager or
his representative, and any such storage shall be at the
Licensee's sole expense and risk. Licensee agrees to hold
City harmless for any damage to or loss of any equipment or
property of the Licensee, received or stored in accordance
with this paragraph, unless such damage or loss shall be
caused by City's sole negligence.
11. Compliance with Laws and Regulations: Licensee shall comply
with all laws, ordinances and regulations adopted or
established by federal, state or local governmental agencies
or bodies and with all applicable City rules and regulations,
and Licensee shall require that its agents, employees,
contractors or subcontractors do likewise.
12. Licenses and Permlts: Licensee shall pay promptly all
applicable taxes and fees and obtain all licenses or permits
as required by federal, state or local laws and ordinances and
Licensee shall provide evidence of compliance with such
13.
federal, state and local
therefor by City.
Emergency Medical
Emergency Medical
laws and ordinances upon demand
Services: Licensee will meet with the City
Services and jointly determine minimum
medical service coverage necessary for the Event and the names
of the paramedics and times of coverage. Within a reasonable
time after Licensee is furnished with this information,
7
Licensee shall provide to City an emergency medical services
plan. Upon approval of the minimum level of service to be
provided, Licensee shall secure such minimum level of service
at its own expense during the Event. City shall be
responsible for providing any additional medical service
coverage and shall coordinate City EMS efforts with volunteer
EMS services.
14. Action in Public Interest: Licensee agrees that it is the
policy of City to serve the public in the best possible manner
and Licensee agrees that it, its employees and agents shall at
all times cooperate with City in effecting this policy and
maintaining the public faith.
15. Agreement to Quit Premises~ Damage to Premises: Licensee
agrees to quit all City property at the conclusion of the
Event and to leave all City property in the same condition as
at the commencement of the Event, ordinary wear and tear
excepted. Licensee shall pay on demand to City the full cost
of repairing to good condition or restoring to good condition
any City property reasonably deemed by City to have been
damaged as a result of or arising out of Licensee's use of the
property.
16. Assignment: Licensee shall not assign or transfer any right
or interest under this Agreement, including, without
limitation, the right to receive any payment, without City's
prior written approval of satisfactory evidence of such
assignment and Licensee agrees that any such assignment
without prior written approval of City shall be null and void.
17. Notice: Notice to City required or permitted by this
Agreement shall be hand-delivered or sent by certified mall,
return receipt requested, to City of Roanoke, Department of
Parks and Recreation/Grounds Maintenance, c/o Special Events
Coordinator, 210 Reserve Avenue, S.W., Roanoke, Virginia
24016. Notice to Licensee required or permitted by this
Agreement shall be hand-delivered or sent by certified mail,
return receipt requested, to Licensee at 635 Day Avenue,
Roanoke, Virginia 24016. Notice mailed in accordance with
this paragraph shall be deemed received upon mailing.
18. Relationship to Other Parties: It is not intended by ANY of
the provisions of ANY part of this Agreement to confer a
benefit upon any other person or entity not a party to this
Agreement or to authorize any person or entity not a party to
this Agreement to maintain a suit pursuant to the terms or
provisions of this Agreement, including, without limitation,
any claim or suit for personal injuries, property damage or
loss of profits or expenses.
19. Security: In addition to the normal police security provided
by the City, Licensee shall provide at its expense off-duty
City police officers and security guards employed by a private
security services business licensed by the Department of
Commerce of the State of Virginia to provide security and
crowd control. On or before May 15, 1992, Licensee shall meet
9
20.
with the Roanoke City Police Department and representatives of
other City departments as appropriate to discuss and provide
the City with a written security plan which shall indicate the
number and employment category of all security personnel to be
used at the Event. The plan shall be subject to approval of
City, which approval, after consultation with Licensee, shall
not be unreasonably withheld. At such time, Licensee shall
present proof, satisfactory to the City, of the employment of
required police officers and security guards. Private
security guards shall have no authority to engage in
law-enforcement activities or perform security services off
the areas occupied by the Event. Approval of the security
plan by the City shall constitute concurrence in the minimum
number of personnel to be employed, but such concurrence will
not relieve Licensee of its primary responsibility for
determining and providing adequate security forces.
Alcoholic Beverages: Alcoholic beverages and glass containers
will not be permitted on City property during the Event with
the exception of Victory Stadium where beer and wine will be
permitted. Additionally, coolers will not be permitted at
Victory Stadium. Licensee shall take reasonable measures to
ensure that no alcoholic beverages or glass containers are
brought onto City property under Licensee's control and that
no coolers are brought into Victory Stadium. Alcoholic
beverages may be sold by Licensee in designated areas in
accordance with applicable ABC laws and regulations. The
l0
restrictions contained in this paragraph shall be included in
the press packet prepared by Licensee.
21. Non-Discrimination: In the performance of this agreement,
Licensee shall not discriminate against any contractor,
subcontractor, sublessee, employee, applicant for employment
or invitee because of race, religion, color, sex or national
origin except where race, religion, color, sex or national
origin is a bona fide occupational qualification reasonably
necessary to the normal operation of Licensee.
22. Guarantee: During the term of this Agreement and any renewal
thereof, City guarantees Licensee the use of Victory Stadium
for its Event, subject to all applicable City regulations,
resolutions and ordinances, unless Victory Stadium is under
construction or scheduled to be under construction at the time
of the Event. Due to the nature of the Event, City shall give
Licensee one year's notice should Victory Stadium not be
available for Licensee's use during any year, unless such
unavailability is the result of an occurrence mentioned above
or acts of God or other events outside of City's control.
During the term of this agreement or any renewal thereof, this
guarantee may be renewed annually by Licensee.
23. Concession Rights Granted Licensee: During the Event, City
grants to Licensee the exclusive concession rights for Crestar
Plaza, Key Plaza, Century Plaza, Rivers Edge Sports Complex,
Wasena Park, Smith Park and Elmwood Park. The City grants to
11
Licensee concurrent concession rights at Victory Stadium
during the Event.
ATTEST:
CITY OF ROANOKE, VIRGINIA
City Clerk
WITNESS:
City Manager/Assistant City
Manager
ROANOKE FESTIVAL IN THE PARK
Title
Approved as to form:
12
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
May 26, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #58-67-87
Ms. Wendi T. Schultz
Executive Director
Festival in the Park, Inc.
P. O. Box 8276
Roanoke, Virginia 24014
Dear Ms. Schultz:
I am attaching copy of Resolution No. 31015-051892 establishing the minimum amount
of public liability and property damage insurance to be provided by Festival in the
Park, Inc., for festival activities on or before May 22, 1992 through May 31, 1992,
in the minimum amount of $1,000,000.00 per occurrence and $2,000,000.00 per
aggregate. Resolution No. 31015-051892 was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, May 18, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Eric.
pc:
Mr. Edward Newman, President, Board of Directors, Festival in the Park,
Inc., P. O. Box 8276, Roanoke, Virginia 24014
Mr. W. Robert Herbert, City Manager
Mr. Joel M. Schlanger, Director of Finance
Mr. William F. Clark, Director, Public Works
Mr. George C. Snead, Jr., Director, Public Safety
Mr. Gary N. Fenton, Manager, Parks and Recreation
Mr. E. Laban Johnson, Special Events Coordinator
Mr. Owen M. Grog'an, Superintendent, Recreation
Mr. James D. Ritchie, Director, Human Development
Ms. Lauren G. Eib, Risk Management Officer
Ms. Sandra H. Eakin, Deputy City Clerk
Ms. Dolores C. Daniels, Assistant 1o the City Manager for Community
Relations
IN THE COUNCIL OF THE CITY OF ROANOKE,
/he 18th day of May. 1992.
No. 31015-051892.
VIRGINIA,
A RESOLUTION establishing the minimum amount of public
liability and property damage insurance to be provided by Roanoke
Festival in the Park, for festival activities.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. Roanoke Festival in the Park shall furnish one or more
public liability and property damage insurance contracts insuring
the liability of such organization with regard to festival
activities on or about May 22, 1992 through May 31, 1992, in the
minimum amount of $1,000,000.00 per occurrence and 2,000,000.00 per
aggregate.
2. The City of Roanoke, its officers, officials, agents,
employees and volunteers shall be named as additional insureds on
such policy or policies of insurance, and a certificate of
insurance reflecting such coverage shall be filed with the City
Clerk prior to May 22, 1992.
ATTEST:
City Clerk.
'92
Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Roanoke, Virginia
May 18, 1992
Dear Mayor and Members of Council:
SUBJECT: Liability Insurance Limits for the 1992
Roanoke Festival in the Park
I. BACKGROUND:
Roanoke's Festival in the Park has requested the use of
certain City park facilities and the barricading of
certain public streets, or portions thereof, in
connection with the 1992 Roanoke Festival in the
scheduled for May 21 through May 31, 1992.
2.
3.
4.
5.
6.
7.
Century Plaza
Crestar Plaza
Key Plaza
Elmwood Park
Smith Park
Wasena Park
e
10.
Park
Wiley Drive (Franklin Road to Winchester
Avenue)
Bullitt Avenue (Jefferson Street to Elmwood
Park)
Church Avenue (Jefferson Street to Williamson
Road)
Elm Avenue (Jefferson Street to Williamson
Road)
11. Franklin Road (Jefferson Street to Williamson
Road)
Mayor and Members of Council
May 18, 1992
Page 2
12. Jefferson Street (Franklin Road to Elm Avenue)
13. Williamson Road (Franklin Road to Elm Avenue)
Public Liability and Property Damage Insurance,
pursuant to Section 15.1-14(9) of the Code of
Virginia, must be furnished by organizations
permitted to use the public streets. The amount of
the insurance is to be established by the City.
The required insurance policies must name the City
of Roanoke, its officers, officials, agents,
employees and volunteers as additional insured. In
addition, as a matter of policy the City requires
the public liability insurance for the use of all
public facilities including City Parks.
II. CURRENT SITUATIONS:
III.
ke
Roanoke's Festival in the Park has offered to
provide an insurance coverage with limits of
$1,000,000 per occurrence and $2,000,000 per
aggregate as recommended by the City Risk
Management Officer. Refer to attached certificate.
The organization has also offered to require
sponsors of the various events to also name The
City as additional insured on their policies for
the specific sponsored event.
City Council needs to approve the amount of
liability insurance that Roanoke's Festival in the
Park will be asked to provide in connection with
the subject events.
ISSUES:
A. Compliance with Code of Virginia
B. Amount of Insurance
C. Cost
D. Timing
Mayor and Members of Council
May 18, 1992
Page 3
IV. ALTERNATIVES:
Council approve insurance coverage to be provided
by Roanoke's Festival in the Park in connection
with the requested use of certain public streets
and parks, for a liability aggregate limit of
$2,000,000 ($1,000,000 per occurrence).
Compliance with the Code of Virginia would be
met.
2. Amount of liability insurance appears to be
obtainable for subject events.
3. Cost of subject insurance would be paid by
Roanoke's Festival in the Park.
Timing relative to Council
matter is critical due to
of events on May 23, 1992.
action on subject
schedule beginning
Council establish a higher level of insurance
coverage.
1. Compliance with Code of Virginia would be met.
2. Amount of liability insurance may be
unobtainable without the excess insurance
markets.
Cost of a higher level of insurance coverage
would be increased for Roanoke's Festival in
the Park.
4. Timing would remain critical as stated in
Alternative "A".
Mayor and Member of
May 18, 1992
Page 4
Council
RECO~]ENDATION:
Council concur with Alternative "A" and approve
insurance coverage, with liability limits of
$1,000,000 per occurrence and $2,000,000 aggregate
in connection with the 1992 Roanoke Festival in the
Park.
Roanoke's Festival in the Park furnish the above
insurance and name the City of Roanoke, its
officers, officials, agents, employees and
volunteers as additional insureds on that policy.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/cs
Attachment
cc:
Mr. F. B. Webster Day, President, Roanoke's
Festival in the Park
City Attorney
Director of Finance
Director of Administration and Public Safety
Director of Public Works
Manager, Recreation, Parks and Grounds Maintenance
Risk Management Officer
Citizens Request for Services
Recreation Superintendent
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
May 26, 1992
SANDRA H. EAK~N
Deputy City Clerk
File #236-42
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 31017-051892 authorizing execution of
Amendment No. 6 to Short Term CDBG Float Loan Agreement, as amended by
Amendment Nos. 1, 2, 3, 4 and 5, with Downtown Associates and Dominion Bank, in
order to provide for extension of the term of the loan, upon certain terms and
conditions. Ordinance No. 31017-051892 was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, May 18, 1992.
Sincerely, ~~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
pc:
Mr. Horace G. Fralin, President, Fralin and Waldron, Inc., P. O. Box 20069,
Roanoke, Virginia 24018
Mr. Joel M. Schlanger, Director of Finance
Mr. William F. Clark, Director, Public Works
Mr. John R. Marlles, Chief, Community Planning
Ms. Marie T. Pontius, Grants Monitoring Administrator
Mr. Brian J. Wishneff, Chief, Economic Development
Mr. Phil F. Sparks, Economic Development Specialist
IN THE COUNCIL OF THE
The 18th day of May, 1992.
No. 31017-051892.
CITY OF ROANOKE,
VIRGINIA,
AN ORDINANCE authorizing the execution of Amendment No. 6 to
Short Term CDBG Float Loan Agreement, as amended by Amendment Nos.
1, 2, 3, 4 and 5, with Downtown Associates and Dominion Bank, in
order to provide for the extension of the term of the loan, upon
certain terms and conditions; and providing for an emergency.
WHEREAS, by the terms of a Short
dated November 5, 1987, and authorized
adopted November 2, 1987, a loan in the
Term CDBG Loan Agreement
by Ordinance No. 28850,
amount of $962,000.00 in
Community Development Block Grant funds was made to Downtown
Associates for a two-year term, to provide for refinancing of the
rehabilitation and redevelopment of the City Market Building;
WHEREAS, Downtown Associates requested an extension of the
loan period to November 23, 1990, in order to allow more time for
developing the market leasing;
WHEREAS, by Ordinance Nos. 29824-111389, 30311-111990, 30357-
10791, 30437-31891, and 30531-52091, adopted November 13, 1989,
November 19, 1990, January 7, 1991, March 18, 1991, and May 20,
1991, respectively, City Council authorized the execution of
Amendment Nos. 1, 2, 3, 4 and 5 to the Agreement, such amendments
providing for one year and sixty (60) day extensions of the short
term CDBG float loan; and
WHEREAS, the Note securing Amendment No. 5
payable on May 19, 1992, and Downtown Associates
becomes due and
has requested a
one (1) year extension of a portion of the loan upon certain terms
and conditions to allow more time for developing of market leasing.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that:
1. The City Manager, or his designee, and the City Clerk are
authorized to execute and to seal and attest, respectively, for and
on behalf of the City, Amendment No. 6 to the Short Term CDBG Float
Loan Agreement, dated November 5, 1987, as amended, which Agreement
provided for the loan of $962,000.00 in Community Development Block
Grant funds to Downtown Associates, such amendment to provide for
an extension of the loan in principal amount of $500,000.00 with
interest at the rate of four percent (4%) per annum, payable in
arrears; such Amendment No. 6 to be in the form as is attached to
the report of the City Manager dated May 18, 1992, and to be
subject to the terms and conditions therein; and to be approved as
to form by the City Attorney.
2. In order to provide for the usual daily operation of the
municipal government, an emergency is deemed to exist, and this
ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
May 18, 1992
Honorable Mayor and Members of City Council
Roanoke, Virginia 24011
Dear Mayor and Members of Council:
Subject: Short-Term Community Development Block Grant (CDBG) Float
Loan Agreement, Downtown Associates - Amendment No. $
I1.
BACKGROUND:
City Council approved a short-term, Iow-interest CDBG loan, in the
amount of $962,000, to Downtown Associates by Ordinance Number
28850 on November 2, 1987, for the Market Building,
Loan was to promote the creation and retention of lobs in the City
Market Building. When originally granted, the loan assured the
retention of 51 jobs. Currently, there are 65 jobs provided within
the Market Building, 5 more anticipated soon.
City has received 3% interest per year for 4-1/2 years totalling
$128,143.90.
Council extended the loan several times, and the latest extension by
Ordinance Number 30531-52091 expires May 19, 1992.
CURRENT SITUATION:
Downtown Associates has continued to allocate monies saved as a result
of the Iow-interest float loan extension to physically improve the Market
Building. These improvements include the removal of second story menu
board, repair and repainting of the exterior overhang, painting exterior
trim, cleaning and redyeing carpet and the purchase of additional tables
and chairs to support demand.
The Honorable Mayor and Members of Council
May 18, 1992
Page Two
III.
IV.
Downtown Associates has now leased all of the first floor, with the
exception of one stall, which is expected to be leased soon, and one
space on the mezzanine. In addition, Carillon Healthcare has been
negotiating with Downtown Associates for the gymnasium location for
the purpose of establishing an athletic club facility. Final negotiations
on the gymnasium are on hold pending the outcome of negotiations on
Hotel Roanoke which they feel will play an integral role in the success of
the facility.
City staff has determined that approval of a one-year extension of the
float loan in a principal amount of $500,000 to Downtown Associates
is the best use of this money.
Downtown Associates will make a $462,000.00 payment to principal on
May 19, 1992.
ISSUES:
A. Benefit to Citv.
B, Risk.
C. Impact on other CDBG oroiects.
D. F~nding.
ALTERNATIVES:
Ao
Authorize the City Manaqer to execute the attached amendment to the
agreement among the City of Roanoke, Downtown Associates and
Dominion Bank, N.A., extending to Downtown Associates a loan of
$500.000 at four percent interest per year for one year, beyond the
current due date of May 19, 1992, secured by a note and an
unconditional and irrevocable letter of credit issued by Dominion Bank in
the name of Downtown Associates. The closing of the loan extension
will occur no later than 5:00 p.m. on May 19, 1992.
Benefit to City is provided by retention of 65 jobs and continual
development of the Market Building.
The Honorable Mayor and Members of Council
May 18, 1992
Page Three
Risk to the City's CDBG program is minimal. The loan is secured
by a letter of credit from Dominion Bank, N.A. and can be drawn
down at any time the City requires funds for CDBG programs or
administration.
Impact on other CDBG projects does not exist, since funds will be
repaid in time to use them for other budgeted projects. Other float
loan applicants have either withdrawn their requests or are not yet
in a position to borrow these funds.
Funding is available from the unexpended portion of the City's
CDBG allocation.
Do not authorize the City Manaoer to execute the attached amendment
to the three-party, short-term float loan agreement.
1. Benefit to City is not realized.
Risk would be determined by another project if funds were loaned
to them.
3. Impact on other CDBG Projects would be determined later.
Fundina of current projects and programs would not be affected.
However, approximately $20,000 in annual interest income would
not be realized.
RECOMMENDATIONS:
It is recommended that City Council ado[~t Alternative A which will authorize
the City Manager to execute the attached amendment to the agreement
between the City of Roanoke, Downtown Associates and Dominion Bank, N.A.,
extending Downtown Associates a loan of $500,000 at four percent interest
per year for a one-year period beyond the current due date of May 19, 1992,
The Honorable Mayor and Members of Council
May 18, 1992
Page Four
secured by a note and an unconditional and irrevocable letter of credit issued
by Dominion Bank, N.A. The closing of the loan extension would occur prior
to 5:00 p.m. on May 19, 1992.
Respectfully submitted,
~.~W. Flobert Herbert
City Manager
WRH/PFS/dh
Attachments
CC:
City Attorney
Director of Finance
Director of Public Works
Grants Monitoring Administrator
Downtown Associates, Inc.
AMENDMENT NO. 6
TO
SHORT TERM CDBG FLOAT LOAN AGREEMENT
THIS AMENDMENT, entered into this 19th day of May, 1992, by
and among the CITY OF ROANOKE, VIRGINIA, a municipal corporation
chartered under the laws of the Commonwealth of Virginia
(hereinafter the "City"), DOWNTOWN ASSOCIATES, a Virginia general
partnership composed of Elbert H. Waldron and Horace G. Fralin
(hereinafter "Downtown Associates"), and DOMINION BANK, NATIONAL,
ASSOCIATION (hereinafter "Dominion").
WHEREAS, the City, Downtown Associates, and Dominion have, by
Short Term CDBG Float Loan Agreement dated November 5, 1987,
contracted for the provision of short term financing to Downtown
Associates;
WHEREAS, pursuant to the authority contained in Ordinance No.
28850, adopted November 2, 1987, the City drew down $962,000 from
its CDBG letter of credit with the Federal government, and pursuant
to Agreement has loaned these funds to Downtown Associates for a
period of two years;
WHEREAS, the loan was secured by a Note dated November 23,
1987, and an unconditional and irrevocable Letter of Credit issued
under date of November 20, 1987, by Dominion;
WHEREAS, the Note became due and payable on November 23, 1989,
and Downtown Associates requested a one (1) year extension of the
loan upon certain terms and conditions;
WHEREAS, by Ordinance No. 29824, adopted November 13, 1989,
City Council authorized the execution of Amendment No. 1 to the
Agreement, such Amendment providing for a one year extension of the
then existing two year short term CDBG float loan;
WHEREAS, the Note securing Amendment No. 1 became due and
payable on November 23, 1990, and Downtown Associates requested a
sixty (60) day extension of the loan upon certain terms and
conditions;
WHEREAS, by Ordinance No. 30311-111990, adopted November 19,
1990, Council authorized the execution of Amendment No. 2 to the
Agreement dated November 5, 1987, as amended by Amendment No. 1,
such Amendment No. 2 providing for a sixty (60) day extension of
the short term CDBG float loan;
WHEREAS, the Note securing Amendment No. 2 became due and
payable on January 21, 1991, and Downtown Associates requested a
sixty (60) day extension of the loan upon certain terms and
conditions;
WHEREAS, by Ordinance No. 30357-10791, adopted January 7,
1991, Council authorized the execution of Amendment No. 3 to the
Agreement dated November 5, 1987, as amended, such Amendment No. 3
providing for a sixty (60) day extension of the short term CDBG
float loan;
WHEREAS, the Note securing Amendment No. 3 became due and
payable on March 21, 1991, and Downtown Associates requested a
sixty (60) day extension of the loan upon certain terms and
conditions;
WHEREAS, by Ordinance No. 30437-31891, adopted March 18, 1991,
Council authorized the execution of Amendment No. 4 to the
2
Agreement dated November 5,
providing for a sixty (60)
float loan;
WHEREAS, the
payable on May 20,
1987, as amended, such Amendment No. 4
day extension of the short term CDBG
Note securing Amendment No. 4 became due and
1991, and Downtown Associates requested a one-
year extension of the loan upon certain terms and conditions;
WHEREAS, by Ordinance No. 30531-52091, adopted May 20, 1990,
Council authorized the execution of Amendment No. 5 to the
Agreement dated November 5, 1987, as amended, such Amendment No. 5
providing for a one (1) year extension of the short term CDBG float
loan;
WHEREAS, the Note securing Amendment No. 5 becomes due and
payable on May 19, 1992, and Downtown Associates has requested a
one (1) year extension of a portion of the loan upon certain terms
and conditions; and
WHEREAS, by Ordinance No. , adopted May 18,
1992, Council authorized the execution of Amendment No. 6 to the
Agreement dated November 5, 1987, as amended, such Amendment No. 6
providing for a one (1) year extension of the short term CDBG float
loan in principal amount of $500,000.00.
NOW, THEREFORE, the City, Downtown Associates and Dominion
mutually agree to amend the Short Term CDBG Float Loan Agreement,
dated November 5, 1987, as amended by Amendment Nos. 1, 2, 3, 4,
and 5, by amending Paragraphs 1. LOAN, 2. USE OF LOAN PROCEEDS, 3.
LOAN TERMS, and 4. LETTER OF CREDIT, as follows:
3
1. LOAN. The City has heretofore drawn from its CDBG letter
of Credit with the Federal government funds in the amount of
$962,000.00 to provide short term financing to Downtown Associates
for a period of two (2) years with interest at the rate of three
percent (3%) per annum from the date of closing of the loan which
occurred on November 23, 1987, and for an additional period of one
(1) year with interest at the rate of three percent (3%) per annum
from the date of closing of the amendment to the loan which
occurred no later than November 22, 1989, and for an additional
period of sixty (60) days with interest at the rate of three
percent (3%) per annum through the date of closing of the amendment
to the loan which occurred no later than November 22, 1990, and for
an additional period of sixty (60) days with interest at the rate
of three percent (3%) per annum through the date of closing of the
amendment to the loan which occurred no later than January 21,
1991, and for an additional period of sixty (60) days with interest
at the rate of three percent (3%) per annum through the date of
closing of the amendment to the loan which occurred no later than
March 21, 1991, and for an additional period of one (1) year with
interest at a rate of three percent (3%) per annum through the date
of closing which occurred no later than May 20, 1991. In order to
provide continued short term financing to Downtown Associates, the
City agrees to extend the term of the loan on a principal amount of
$500,000 for an additional period of one (1) year beginning May 19,
1992, with interest at a rate of four percent (4%) per annum from
the date of closing of the loan, upon receipt of payment by
Downtown Associates of $462,000 of the principal amount due
pursuant to Amendment No. 5 and appropriate execution of a Note by
Downtown Associates evidencing the indebtedness, and provision by
Dominion, at the expense of Downtown Associates, of an
unconditional and irrevocable Letter of Credit in the amount of
$500,000.00, or amendment of a prior Letter of Credit in favor of
the City, the Note and Letter of Credit, or amendment thereof, to
be approved as to form by the City Attorney. The date and place of
closing on the extension of the Loan shall be as mutually agreed
upon by the parties, but shall occur not later than 5:00 p.m. on
May 19, 1992.
2. USE OF LOAN PROCEEDS. Downtown Associates shall use the
proceeds of the Loan solely for the purpose of refinancing its
and redevelopment of the City Market, and such
shall not be used by Downtown Associates for any other
rehabilitation
proceeds
use.
3.
LOAN TERMS. The terms of the Loan extension, including
repayment, shall be as set out in the Note attached as Exhibit A
hereto and incorporated herein (the "Note"). The Loan extension
shall be subject to the due authorization, execution and delivery
to the City by Downtown Associates of the said Note in the form
attached hereto and of the Letter of Credit, or amendment thereof,
described below. The City may, in its discretion, prior to
extension of the loan, require the receipt of additional documents,
duly executed by the respective parties hereto, deemed advisable or
necessary to further evidence or document the Loan or Letter of
Credit, or which may be required by HUD.
4. LETTER OF CREDIT. Dominion shall, prior to extension of
the Loan, at the expense of Downtown Associates, deliver to the
City a duly authorized and executed, unconditional and irrevocable
Letter of Credit, in the amount of $500,000.00, in the form of the
Letter od Credit attached hereto as Exhibit B (the "Letter of
Credit"), or by amendment of a Letter of Credit previously accepted
by the City, the form of the amendment attached hereto as Exhibit
C. The Letter of Credit, or any amendment thereto, shall be drawn
so as to be in effect for a period of at least thirty (30) days
past the maturity date of the Note.
All terms and conditions of the Short Term CDBG Float Loan
Agreement dated November 5, 1987, as amended by Amendment Nos. 1,
2, 3, 4, and 5, but not amended herein, shall remain unchanged and
in effect.
IN WITNESS WHEREOF, the parties hereby have duly executed this
Amendment as of the date first written above.
CITY OF ROANOKE, VIRGINIA
ATTEST:
Mary F. Parker, City Clerk
By
W. Robert Herbert, City Manager
WITNESS:
WITNESS:
DOWNTOWN ASSOCIATES, INC.
Elbert H. Waldron, Partner
By
Horace G. Fralin, Partner
ATTEST:
DOMINION BANK, N.A.
By
Title:
APPROVED AS TO FORM:
Assistant City Attorney
APPROVED AS TO CDBG ELIGIBILITY:
Marie T. Pontius
STATE OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I hereby certify that Mary F. Parker and W. Robert Herbert,
City Clerk and City Manager, respectively, of the City of Roanoke,
Virginia, acknowledged their signatures on the foregoing Amendment
No. 6 to Short Term CDBG Float Loan Agreement on this day of
· 1992.
My Commission expires:
Notary Public
NOTE
DOWNTOWN ASSOCIATES
Amount: $500,000.00 Date: May 19, 1992
Downtown Associates, a Virginia general partnership, hereby promises to
pay, upon demand, to the CI~"~ OF RO/~NOI~E, a Virginia municipal corporation (the
"City"), the principal sum of FIVE ~V~NDRED THOUS~/~D DOL/2%RS ($500,000.00) which
is a portion of the sum advanced to Downtown Associates by the City under the
Short-Term CDBG Float Loan Agreement dated November 5, 1987, as amended by the
Short-Term CDBG Float Loan Agreement Amendment Nos. 1, 2, 3, 4, 5, and 6, dated
November 22, 1989, November 23, 1990, January 21, 1991, March 21, 1991, May 20,
1991, and May 19, 1992, respectively, by and among the City, Downtown Associates,
and Dominion Bank, National Association (the "CDBG Float Loan Agreement"), as
evidenced by a Note dated November 23, 1987, a Note dated November 23, 1989, a
Note dated November 23, 1990, a Note dated January 21, 1991, a Note dated March
21, 1991, a Note dated May 20, 1991, and this Note, which sum of FIVE HUNDRED
THOUSAND DOLI~iRS ($500,000.00) shall be paid to the City in full not later than
May 19, 1993, unless the City shall have demanded payment prior to that date, and
been paid in full. Downtown Associates shall pay the City interest beginning on
the date of this Note at the rate of four percent (4%) per annum on the amount
of the principal remaining unpaid. Interest only shall be due and payable
monthly in arrears beginning June 1, 1992.
Payment shall be made in legal tender at the Offices of the City's Director
of Finance, Room 461, Municipal Building, 215 Church Avenue, Roanoke, Virginia,
or, at the option of the holder, in such manner and at such other place in the
City as the holder shall have designated in writing to Downtown Associates.
This Note is issued pursuant to the CDBG Float Loan Agreement dated
November 5, 1987, as amended by the Short-Term CDBG Float Loan Agreement
Amendment Nos. 1, 2, 3, 4, 5, and 6, dated November 22, 1989, November 23, 1990,
January 21, 1991, March 21, 1991, May 20, 1991, and May 19, 1992, respectively,
by and among the City, Downtown Associates, and Dominion Bank, National
Association.
Downtown Associates shall use the proceeds hereof solely for purposes
related to the refinancing of the rehabilitation and development of City Market
Building, and such proceeds shall not be put to any other use.
This Note will be accepted by the City only if accompanied by a Letter of
Credit, or amendment thereto, from Dominion Bank National Association
guaranteeing payment of the principal hereof upon demand by the City.
The City shall have the right at any time to demand payment in full or in
part of the principal, together with accrued interest, which shall be paid, with
interest due, not later than ten (10) days after demand for such payment has been
made upon Downtown Associates pursuant to the CDBG Float Loan Agreement dated
November 5, 1987, as amended, and this Note.
This Note can be prepaid without penalty at any time.
This Note shall be. governed by and construed in accordance with Virginia
law.
WITNESS our hands and seals the day and year first above written:
Witness:
DOWNTOWN ASSOCIATES
By. (SEAL)
Horace G. Fralin, Partner
Witness:
By. (SEAL)
Elbert H. Waldron, Partner
ISSUING B~-
DOMINION ~ANE, National Association
In~arnationaI Division
20t S. Jefferson Street
Roanoke, Virginia 24011
BENEFICIARY:
City of Roanoke
Municipal Building
Roanoke, Virginia 24011
ATTN: Robert Herbert - City Manager
APPLICANT:
Downtown Associates
P.O. Box 20069
Roanoke, Virginia 24018-0503
AMENDMENT DATE: May 8, 1992
AMENDMENT NO.: 5
ISSUING BANK NO.: 001-S06904
ISSUANCE DATE: November 22, 1989
We hereby amend the terms of our above referenced Irrevocable Letter of Credit
as follows:
- Credit Amount under this Irrevocable Letter of Credit is reduced
by $ 462,000.00, leaving an aggregate credit balance of $ 500,000.00.
- Expiry date is now June 30, 1993.
- Irrevocable Standby Letter of Credit Number ia modified to read 001-S06904.
All Other terms and conditions remain unchanged.
Th~a latter is to be attached to and become an integral part of the original
credit instrument.
Authorized Signatu~
ORIGINAL
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
May 26, 1992
SANDRA H. EAKIN
Dcpu~yCityClerk
File #262-472
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 31019-051892 accepting the bids of Radio
Communications Co., Inc., to provide one base station, 21 two-way mobile radios and
36 paging receivers, in the amount of $38,059.00; and Motorola C & E, Inc., to
provide one six position charger for portable radios and 11 two-way mobile radios,
in the amount of $24,907.00, for use by the City's Communications Department.
Resolution No. 31019-051892 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, May 18, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
Mr. Joel M. Schlanger, Director of Finance
Mr. George C. Snead, Jr., Director, Public Safety
Mr. Ronald L. Wade, Acting Manager, Communications
Mr. D. Darwin Roupe, Manager, General Services
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, Virginia 24011
Telephone: (703) 981-2~41
May 26, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #267-472
Ms..lane P. Stanley
Major Accounts Manager
Ericsson G. E. Mobile Communication
8003 Franklin Farms Drive
Suite 233
Richmond, Virginia 23229
Dear Ms. Stanley:
I am enclosing copy of Resolution No. 31019-051892 accepting bids of Radio
Communications Co., Inc., to provide one base station, 21 two-way mobile radios and
36 paging receivers, in the amount of $38,059.00; and Motorola C & E, Inc., to
provide one six position charger for portable radios and 11 two-way mobile radios,
in the amount of $24,907.00, for use by the City's Communications Department.
Resolution No. 31019-051892 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, May 18, 1992.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed equipment.
Sincerely, ~t_~.._
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Eno o
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
May 26, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #262-472
Mr. Edward Wimmer
Communication Consultant
Kanes Communication Systems, Inc.
P. O. Box 914
Salem, Virginia 24153
Dear Mr. Wimmer:
I am enclosing copy of Resolution No. 31019-051892 accepting bids of Radio
Communications Co., Inc., to provide one base station, 21 two-way mobile radios and
36 paging receivers, in the amount of $38,059.00; and Motorola C & E, Inc., to
provide one six position charger for portable radios and 11 two-way mobile radios,
in the amount of $24,907.00, for use by the City's Communications Department.
Resolution No. 31019-051892 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, May 18, 1992.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed equipment.
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) 981-2~41
May 26, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #262-472
Mr. Patrick W. Regan
Sales Manager
Radio Communications Co., Inc.
1629 Centre Avenue, N. W.
Roanoke, Virginia 24017
Dear Mr. Regan:
I am enclosing copy of Resolution No. 31019-051892 accepting bids of Radio
Communications Co., Inc., to provide one base station, 21 two-way mobile radios and
36 paging receivers, in the amount of $38,059.00; and Motorola C & E, Inc., to
provide one six position charger for portable radios and 11 two-way mobile radios,
in the amount of $24,907.00, for use by the City's Communications Department.
Resolution No. 31019-051892 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, May 18, 1992.
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Eric.
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
May 26, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #262-472
Mr. Robert M. Newman
Account Manager
Motorola C & E, Inc.
P. O. Box 7998
Roanoke, Virginia 24019
Dear Mr. Newman:
I am enclosing copy of Resolution No. 31019-051892 accepting bids of Radio
Communications Co., Inc., to provide one base station, 21 two-way mobile radios and
36 paging receivers, in the amount of $38,059.00; and Motorola C & E, Inc., to
provide one six position charger for portable radios and 11 two-way mobile radios,
in the amount of $24,907.00, for use by the City's Communications Department.
Resolution No. 31019-051892 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, May 18, 1992.
Sincerely, ~O.,x~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
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IN THE COUNCIL OF THE CITY OF ROANOKE,
The 18th day of May, 1992.
No. 31019-051892.
VIRGINIA,
A RESOLUTION accepting bids made to the City for furnishing
and delivering certain communication equipment; and rejecting all
other bids made to the City.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The bid of Radio Communications Company, Inc., made to
the City, offering to supply one (1) base station, twenty-one (21)
two-way mobile radios, and thirty-six (36) paging receivers,
meeting all of the City's specifications and requirements therefor,
for a total bid price of $38,059.00, which bid is on file in the
Office of the City Clerk, is hereby ACCEPTED.
2. The bid of Motorola C&E, Inc., made to the City, offering
to supply six (6) two-way portable radios, and one (1) six position
charger for portable radios, and eleven (11) two-way mobile radios,
meeting all of the City's specifications and requirements therefor,
for a total bid price of $24,907.00, which bid is on file in the
Office of the City Clerk, is hereby ACCEPTED.
3. The City's Manager of General Services is hereby
authorized and directed to issue the requisite purchase orders
therefor, incorporating into said order the City's specifications,
the terms of said bidder's proposal and the terms and provisions of
this resolution, as more particularly set out in a report to this
Council dated May 18, 1992.
4. Any and all other bids made to the City for the aforesaid
procurement are hereby REJECTED, and the City Clerk is directed to
notify each such bidder and to
appreciation for such bid.
express to each the City's
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
May 26, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #60-262-472
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 31018-051892 amending and reordaining certain
sections of the 1991-92 General Fund Appropriations, providing for the transfer of
$62,966.00 from Transfers to Debt Service Fund, to Other Equipment
Communications, in connection with certain bids for radio and communications
equipment replacement for use by the Communications Department. Ordinance No.
31018-051892 was adopted by the Council of the City of Roanoke at a regular meeting
held on Monday, May 18, 1992.
Sincerely, ~~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
pc:
Mr. W. Robert Herbert, City Manager
Mr. George C. Snead, Jr., Director, Public Safety
Mr. Ronald L. Wade, Acting Manager, Communications
Mr. D. Darwin Roupe, Manager, General Services
Mr. Barry L. Key, Manager, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of May, 1992.
No. 31018-0§1892.
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 the Council of the City of
Roanoke that certain sections of the 1991-92 General Fund
Appropriations, be, and the same are hereby, amended and
reordained to read as follows, in part:
&DDroDriations
Non-departmental
Transfers to Other Funds (1) .......................
Public Works
Communications (2) .................................
$11,988,942
10,852,598
20,181,161
1,653,260
1) Transfers to Debt
Service Fund
2) Other Equipment
(001-004-9310-9512)
(001-052-4130-9015)
$(62,966)
62,966
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
Roanoke,
May 18,
Virginia
1992
The Honorable Mayor and city Council
Roanoke, Virginia
Dear Members of Council:
SUBJECT: BID ON COMMUNICATIONS EQUIPMENT
BID NUMBEi~ 92-4-1
BACKGROUND
ae
capital Maintenance and EauiDment Replacement evaluations
have identified the need for radio and communications
equipment replacement for the Communications Department.
Be
Specifications were developed and along with request for
quotations were sent to seven (7) vendors for two-way
radio equipment. The bid was publicly advertised in the
Roanoke Times and World News.
Ce
Bids were received, after due and proper advertisement,
until 2:00 PM, on April 15, 1992, at which time all bids
received were publicly opened and read in the office of
the Manager of General Services. Bid tabulation is
attached.
II. CO~'{~NT SITUATION
Ail bids received, were evaluated in a consistent manner
by the following evaluation committee:
George C. Snead, Director, Public Safety
William H. Powers, communications Technician Supervisor
D. Darwin Roupe, Manager, General Services
Ronald L. Wade, Acting Manager, Communications
B. Bid evaluations are as follows:
1. Item #1 - One (1) radio base station.
The lowest bid submitted by Ericsson GE Mobile
Communications, Inc., took exceptions to power
output, frequency spread, spurious and harmonic
emissions and receiver sensitivity.
The second lowest bid submitted by Radio
Communications Company, Inc., meets all
required specifications.
PAGE 2
THE HONORABLEMAYORANDCITY COUNCIL
HAY 18, 1992
2. Item #2 - Six (6) two-way portable radios.
Se
The lowest bid submitted by Radio
Communications Company, Inc., took exception to
tone and/or digital squelch codes.
be
The second lowest bid submitted by Ericsson GE
Communications, Inc., took exceptions to radio
size, weight and intermodulation requirement.
The third lowest bid submitted by Motorola C&E,
Inc., meets all required specifications.
Item #3 - One (1) six position charger. The lowest
bid submitted by Motorola C&E, Inc., meets all
required specifications.
4. Item #4 - Eleven (11) two-way mobile radios.
The lowest bid - submitted by Radio
Communications Company, Inc., took exception
for trunk mounted radios.
The second lowest bid submitted by Motorola
C&E, Inc., meets all required specifications.
Item %5 - Twenty-one (21) two-way mobile radios.
The lowest bid submitted by Radio Communications
Company, Inc., meets all required specifications.
Item #6 - Thirty-six (36) paging receivers. The
lowest bid submitted by Radio Communications
Company, Inc., meets all required specifications.
The response from Motorola C&E, Inc., states that prices
are valid until June 30, 1993.
III. ISSUES
A. Need
B. Compliance with specifications
C. Funding availability
IV. ALT~KNATIVES
A. Council accept the lowest responsible bids meeting all
required specifications.
PAGE 3
T~n~HONORABLEMAYORANDCITY COUNCIL
MAY 18, 1992
Item #1 - One (1) base station, Item #5 - Twenty-oho
(21) two-way mobile radios, and Item #6 - Thirty-siw
(36) Da~inq receivers as submitted by Radio
Communications Company, Inc., for a total cost of
S38.059.00.
Item %2 - Six (6) two-way portable radios, Item ~3 -
One (1) six position charger for portable radios,
and Item #4 - Eleven (11} two-way mobile radios as
submitted by Motorola C&E, Inc., for a total cost of
$24,907.00.
ae
Need - Requested equipment is necessary to
provide essential radio equipment necessary for
public safety and various other City
departments in the performance of their duties.
be
Compliance with specifications - The lowest
responsible bids identified in this alternative
meets all required specifications.
Funding - Funds to provide for these purchases
are available in the General Fund from Excess
Debt Service Funds.
B. Re'ect all bids
Need - Reliable communications for public safety and
various other city departments would be compromised.
Compliance with specifications - Would not be a
factor in this alternative.
Funding - Designated funds would not be expended in
this alternative.
RECOMMENDATIONS
Council concur with Alternative "A" - award the lowest
responsible bids for equipment as follows:
Item #1 - One (1) base station, Item #5 - Twenty-one
(21) two-way mobile radios, and Item 6 - Thirty-siw
(36) paging receivers from Radio Communications
Company, Inc., for a total cost of $38,059.00.
Item #2 - Six (6) two-way portable radios, Item ~3
One (ii six position charger for portable radios,
and Item #4 - eleven (11) two-way mobile radios from
Motorola C&E, Inc., for a total cost of $24,907.00.
PAGE 4
'l'~t~ HONORABLE MAYOR AND CITY COUNCIL
MAY 18, 1992
B. Reject all other Bids.
Transfer $62,966.00 from General Fund Account
001-004-9310-9512, Transfers to the Debt Service Fund,
to Communications Account 001-052-4130-9015.
Respectfully submitted,
W. Robert Herbert,
City Manager
WRH:RLW/ry
cc: Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. Schlanger, Director, Finance
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A~ACHHEN~ - A
I'l'lfl~ #1 -
I'1'~ # 3 -
ITEM #4 -
I~EM #5 -
1T~ #6 --
One (1) radio base station.
This will replace fire emergency radio base station on
Mill Mountain that is no longer supported by the
manufacturer.
Six (6) two-way, portable radios.
One (1) six position charger for portable radios.
Eleven (11) two-way mobile radios.
This equipment will replace Police Department's old
portable and tube type mobile radios which are currently
no longer supported by the manufacturer.
Twenty-one (21) two-way mobile radios.
These will replace fourteen (14) mobile radios in the
Public Works Directorate, and seven (7) mobile radios in
the Public Facilities Directorate, which are tube type and
are no longer supported by the manufacturer.
Thirty-six (36) paging receivers.
These will replace twenty-eight (28) Police Department,
three (3) Fire Department, three (3) Social Services, and
two (2) Solid Waste Management paging receivers and will
complete the transfer of all paging from active emergency
voice radio systems to a designated paging channel. This
will reduce the workload on the 9-1-1 Communications
Center and free active radio channels for voice
communications.
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2,1011
Telephone: (703) 981-2.~1
May 26, 1992
SANDIL~ H. EAKIN
Deputy City Clerk
File #183-472
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 31021-051892 accepting the bid of Baker
Brothers, Inc., to provide one crawler loader, for use by the City's Street
Maintenance Department, for a total bid price of $64,883.00. Resolution No. 31021-
051892 was adopted by the Council of the City of Roanoke at a regular meeting held
on Monday, May 18, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
pc:
Mr. Joel M. Schlanger, Director of Finance
Mr. George C. Snead, Jr., Director, Public Safety
Mr. D. Darwin Roupe, Manager, General Services
Mr. William F. Clark, Director, Public Works
Mr. James A. McClung, Manager, Fleet and Solid Waste Management
Mr. William L. Stuart, Manager, Streets and Traffic
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, Virginia 2401 I
Telephone: (703) 981-2541
May 26, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #183-472
Mr. Daniel J. Buckley
Governmental Account Manager
Carter Machinery, Inc.
P. O. Box 3096
Salem, Virginia 24153
Dear Mr. Buckley:
I am enclosing copy of Resolution No. 31021-051892 accepting the bid of Baker
Brothers, Inc., to provide one crawler loader, for use by the City's Street
Maintenance Department, for a total bid price of $64,883.00. Resolution No. 31021-
051892 was adopted by the Council of the City of Roanoke at a regular meeting held
on Monday, May 18, 1992.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed equipment.
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
May 26, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #183-472
Mr. C. Bradie Allman
Administrative Sales
J. W. Burress, Inc.
P. O. Box 719
Roanoke, Virginia 24004
Dear Mr. Allman:
I am enclosing copy of Resolution No. 31021-051892 accepting the bid of Baker
Brothers, Inc., to provide one crawler loader, for use by the City's Street
Maintenance Department, for a total bid price of $64,883.00. Resolution No. 31021-
051892 was adopted by the Council of the City of Roanoke at a regular meeting held
on Monday, May 18, 1992.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed equipment.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Eric.
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (?03) 981-2~41
May 26, 1992
SANDRA H. EAKIN
Deputy CityClerk
File #183-472
Mr. Edward T. Robinson
Sales Coordinator
James River Equipment, Inc.
P. O. Box 539
Salem, Virginia 24153
Dear Mr. Robinson:
I am enclosing copy of Resolution No. 31021-051892 accepting the bid of Baker
Brothers, Inc., to provide one crawler loader, for use by the City's Street
Maintenance Department, for a total bid price of $64,883.00. Resolution No. 31021-
051892 was adopted by the Council of the City of Roanoke at a regular meeting held
on Monday, May 18, 1992.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed equipment.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Eno.
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Vir/inia 24011
Telephone: (703) 981-2541
May 26, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #183-472
Mr. Ronald E. Hunt
Assistant Branch Manager
Mitchell Distributing Company
P. O. Box 390
Salem, Virginia 24153
Dear Mr. Hunt:
I am enclosing copy of Resolution No. 31021-051892 accepting the bid of Baker
Brothers, Inc., to provide one crawler loader, for use by the City's Street
Maintenance Department, for a total bid price of $64,883.00. Resolution No. 31021-
051892 was adopted by the Council of the City of Roanoke at a regular meeting held
on Monday, May 18, 1992.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed equipment.
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
May 26, 1992
SANDRA H. EAKIN
Deputy City Clerk
File//183-472
Mr. Joseph B. Baker
Vice President
Baker Brothers, Inc.
1402 Williamson Road, N. W.
Roanoke, Virginia 24012
Dear Mr. Baker:
I am enclosing copy of Resolution No. 31021-051892 accepting the bid of Baker
Brothers, Inc., to provide one crawler loader, for use by the City's Street
Maintenance Department, for a total bid price of $64,883.00. Resolution No. 31021-
051892 was adopted by the Council of the City of Roanoke at a regular meeting held
on Monday, May 18, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
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IN THE COUNCIL OF THE CITY OF ROANOKE,
The 18th day of May, 1992.
No. 31021-051892.
VIRGINIA,
A RESOLOTION accepting a bid made to the City for furnishing
and delivering one crawler loader; and rejecting all other bids
made to the City.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The low bid of Baker Brothers, Inc., made to the City,
offering to furnish one crawler loader, meeting all of the City's
specifications and requirements therefore, for the total bid price
of $64,883.00, which bid is on file in the Office of the City
Clerk, is hereby ACCEPTED.
2. The City's Manager of General Services is hereby
authorized to issue the requisite purchase order therefore,
incorporating into said order the City's specifications, the terms
of said bidder's proposal, and the terms
measure, as more particularly set out in a
dated May 18, 1992.
and provisions of this
report to this Council
equipment are hereby REJECTED;
notify each such bidder and
appreciation for each bid.
Any and all other bids made to the City for the aforesaid
and the City Clerk is directed to
to express to each the City's
ATTEST:
City Clerk.
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virg~rfia 24011
Telephone: (703) 981-2541
May 26, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #60-183-472
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 31020-051892 amending and reordaining certain
sections of the 1991-92 General Fund Appropriations, providing for the transfer of
$64,883.00, in connection with award of a contract to Baker Brothers, Inc., to
provide one new crawler loader for use by the City's Street Maintenance Department.
Ordinance No. 31020-051892 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, May 18, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
pc:
Mr. W. Robert Herbert, City Manager
Mr. George C. Snead, Jr., Director, Public Safety
Mr. D. Darwin Roupe, Manager, General Services
Mr. William F. Clark, Director, Public Works
Mr. James A. McClung, Manager, Fleet and Solid Waste Management
Mr. William L. Stuart, Manager, Streets and Traffic
Mr. Barry L. Key, Manager, Office of Management and Budget
~N THE COUNCIL OF THE CZT¥ OF ROANOKE, VZRGZNZA
Y~e 18t~ d~y of ~y, 1~.
No. 31020-051892.
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 the Council of the City of
Roanoke that certain sections of the 1991-92 General Fund
Appropriations, be, and the same are hereby, amended and
reordained to read as follows, in part:
ro riat~ons
Non-departmental
Transfers to Other Funds (1) .......................
Public Works
Street Maintenance (2) .............................
Fund Balanoe
Capital Maintenance & Equipment Replacement Program -
City Unappropriated (3) ............................
1) Transfers to Debt
Service Fund
2) CMERP - City
Unappropriated
3) Other Equipment
(001-004-9310-9512)
(001-3323)
(001-052-4110-9015)
$(26,470)
(38,413)
64,883
$12,025,438
10,889,094
20,183,078
2,709,624
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
Roanoke, Virginia
May 18, 1992
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
SUBJECT:
Bid to Purchase
Crawler Loader,
Bid No. 92-3-133
I. Backqround
March, 1992 specifications were developed for
a Crawler Loader for Street Maintenance
Department which has been identified for
replacement.
Request for Quotations were specifically sent
to Fourteen (14) vendors currently listed on
the City's Bid List. A public advertisement
was also published in the Roanoke Times and
World News on April 1, 1992.
Bids were received, after due and proper
advertisement, until 2:00 p.m. on April 13,
1992, at which time all bids, appropriately
received, were publicly opened and read, in
the Office of the Manager of General
Services.
II. Current Situation
A. Six (6) bid responses were received. Bid
tabulation is attached.
Ail bids received were evaluated in a
consistent manner by representatives of the
following Departments:
Public Works
Fleet Management
Street Maintenance
General Services
Crawler Loader
Bid No. 92-3-133
Page 2
III.
IV.
C. Bid evaluation results are as follows:
The lowest bid, submitted by Carter
Machinery, Inc. took exception to the
Engine, Transmission and Weight, all of
which are substantial and cannot be
waived as informalities.
The second lowest bid, submitted by
Mitchell Distributing Company took
exceptions to the Engine and
Transmission, both of which are
substantial and cannot be waived as
informalities.
The third lowest bid, submitted by J.W.
Burress, Inc. also took exception to the
Engine Size and Transmission which are
substantial and cannot be waived as
informalities.
The lowest bid meetinq specifications is
submitted by Baker Brothers, Inc. for a
cost of $64,883.00.
Issues
A. Need
B. Compliance with Specifications
C. Fund Availability
Alternatives
Council accept the lowest responsible bid
meeting specifications for One (1) New
Crawler Loader, as submitted by Baker
Brothers, Inc. for the cost of $64,883.0Q.
Need - Requested equipment is needed to
replace old existing equipment and to
allow for the efficient performance of
required Street Department duties.
Compliance with specifications - The bid
submitted by Baker Brothers, Inc. meets
all required specifications.
Crawler Loader
Bid No. 92-3-133
Page 3
Fund availability - Funds are available
in the Capital Maintenance and
Equipment Replacement Account and Debt
Service account due to bond refinancing
cost savings to provide for the
purchase·
Reject all bids
1. Need - Some required duties of the
Street Department would be accomplished
in a more efficient manner.
Compliance with specifications would not
be a factor in this alternative.
Fund availability - Designated Funds
would not be expended under this
alternative·
V. Recommendation
Council concur with Alternative "A" - accept
the lowest responsible bid submitted by Baker
Brother, Inc. for One (1) New Crawler Loader
for the cost of $64,883.00 and reject all
other bids.
Bo
Transfer $38,413.00 from Capital Maintenance
Equipment Replacement account and $26,470
from Transfer to Debit Service account
001-004-9310-9512 to Street Maintenance
account 001-052-4110-9015 to provide for this
purchase.
Respectfully Submitted,
W. Robert Herbert
City Manager
cc: City Attorney
Director of Finance
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MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2~1011
Telephone: (703) 981-2541
June 19, 1992
SANDRA H. EAKIN
Deputy City Clerk
Mr. R. H. DuBois
President
Southern Systems, Inc.
P. O. Box 4505
Virginia Beach, Virginia 23454
Dear Mr. DuBois:
I wish to acknowledge receipt of your communication under date of June 11, 1992,
with regard to the proper listing of your corporation on a contract with the City of
Roanoke for improvements to play areas at Huff Lane, Thrasher and Fishburn Parks
and Garden City Recreation Center, which contract was awarded to your company
by adoption of Ordinance No. 31023-051892 on May 18, 1992.
Please be advised that a copy of your communication has been forwarded to Ms.
Kathleen M. Kronau, Assistant City Attorney, and Ms. Sarah E. Fitton,
Construction Cost Technician, for appropriate action.
Sincerely, ~_~._
Mary F. Parker, CMC/AAE
City Clerk
MFP: se
pc: Ms. Kathleen M. Kronau, Assistant City Attorney
Ms. Sarah E. Fitton, Construction Cost Technician
11, 1992
City of Roanoke
Office of the City Clerk
215 Church Avenue S.W., Rm 456
Roanoke, Virginia 24011
Re: 67-33-472
Dear Ms. Parker:
Your letter of May 26, 1992 arrived on June 1, 1992 and your
contract arrived June 5, 1992.
Both documents refer to "Southern Systems, Inc. t/a Southern
Playground and Equipment Co."
Our bid documents were in the name of Southern Systems, Inc.
without reference to any trade as. We have never bid a bonded
project in any other name than Southern Systems, Inc.
In bidding projects all over the U.S. for the past 17 years, we
have never been linked with a "trade as" on contracts.
Accordingly, we find your linkage and inclusion in both the
contract forms and your requirement for filing for a fictitious
name to be out of order and not germane to our bid or the contract.
We have contacted the Circuit Court in Virginia Beach and our
understanding is we would have to duplicate much of our
administrative work and costs for the fictitious name filing. Our
accounting books, in the name of Southern Systems, does not
segregate income or expenses with regard to our playground work
versus our other work. Since Southern Systems is the only
corporate entity, we wish to leave it at that and can see no
benefit to Roanoke to attempt to include a "trade as" in your
contract, or to require us to make a fictitious name recording.
The City of Virginia Beach has made demands upon us which make the
application most difficult.
Accordingly, we have contacted the Dept. of Commerce and have asked
them by letter of June 9, 1992 (attached) to correct the
misrepresentation on our Class A. License.
Yours very truly,
R. H. DuBois, President
T E L E P H O N E ( 804 ) 43 1 - 0057 F A X (804) 43 1 0036
POST OFFICE BOX 4505 VIRGINIA BEACH, VA 23454
OUTHERN
YSTEMS
June 9,1992
Commonwealth of Virginia
Department of Commerce
3600 West Broad Street
Richmond, Va. 23230
ATTN: Tina Rozier ; Fax 367-2474
RE: Class A Contractors License ~019228/2701
Dear Ms. Rozier:
We are currently having trouble with your listing of this
corporation as a registered contractor. Southern Systems, Inc. has
historically contracted only in the corporate name regardless of
the two companies (wholly owned) that we "trade as" to better
describe the specialty work we performed.
During October 1989 we applied for a Class A contractors license,
having been a Class B contractor in prior years. That application
was solely in the name of Southern Systems, Inc. and did not list
the trade as companies except that the "Type of Contracting or
Specialty(ies) applied for" was listed by us as "Specialty-Material
Handling Equipment and Playground Equipment sales and installation
(Contracting)."
Currently, the City of Roanoke has a bid outstanding which we bid,
as always, in the name of the corporation. However, when we gave
them our Class A contractors license number they found that
Southern Systems was not listed except as the "Trade as" therefore
the contract would have to be written as you have it listed on the
license. This would cause us an undue amount of problems in
obtaining fictitious name registrations, taxes, licenses and
separation of our accounting system.
Accordingly, we ask that the Board properly list the corporation as
the specialty contractor and list Southern Playground Equipment Co
and Southern Crane & Monorail Co as the proper "trade as"
companies.
We are enclosing some of our application documentation to show that
we applied in the name of the corporation.
Your cooperation in correcting this error and in informing the City
of Roanoke as to the proper listing of the corporation would be
appreciated.
T E L E P H O N E ( 804 ) 4 3 I 00 5 7 F A X
POST OFFICE BOX 4505 VIRGINIA
Yours very truly,
R. H. Du Bois
President
(804) 431 0036
BEACH, VA 23454
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
May 26, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #67-33-472
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 31023-051892 accepting the bid of Southern
Systems, Inc., t/a Southern Playground and Equipment Co., for improvements to
play areas at Huff Lane, Thrasher and Fishburn Parks and the Garden City
Recreation Center, in the total amount of $88,484.00. Ordinance No. 31023-051892
was adopted by the Council of the City of Roanoke at a regular meeting held on
Monday, May 18, 1992.
Sincerely, fO~
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. L. Bane Coburn, Civil Engineer
Mr. George C. Snead, Jr., Director, Public Safety
Mr. Gary N. Fenton, Manager, Parks and Recreation
Mr. Owen M. Grogan, Superintendent, Recreation
Mr. Barry L. Key, Manager, Office of Management and Budget
Ms. Dolores C. Daniels, Assistant to the City Manager for Community
Relations
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
May 26, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #67-33-472
Mr. R. H. Dunbar, President
Southern Systems, Inc. t/a
Southern Playground & Equipment Co.
P. O. Box 4505
Virginia Beach, Virginia 23454
Dear Mr. Dunbar:
I am enclosing copy of Ordinance No. 31023-051892 accepting the bid of Southern
Systems, Inc., t/a Southern Playground and Equipment Co., for improvements to
play areas at Huff Lane, Thrasher and Fishburn Parks and the Garden City
Recreation Center, in the total amount of $88,484.00. Ordinance No. 31023-051892
was adopted by the Council of the City of Roanoke at a regular meeting held on
Monday, May 18, 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, $.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
May 26, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #67-33-472
Mr. Jon Towers
Government Project Director
Brown Brothers Construction Company
Highway 421
Route 1
Zionville, North Carolina 28698
Dear Mr. Towers:
I am enclosing copy of Ordinance No. 31023-051892 accepting the bid of Southern
Systems, Inc., t/a Southern Playground and Equipment Co., for improvements to
play areas at Huff Lane, Thrasher and Fishburn Parks and the Garden City
Recreation Center, in the total amount of $88,484.00. Ordinance No. 31023-051892
was adopted by the Council of the City of Roanoke at a regular meeting held on
Monday, May 18, 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
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 4/i6
Roanoke, Virginia 2~011
Telephone: (703) 981-2541
May 26, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #67-33-472
Mr. J. W. Christenbury, Jr., President
Acorn Construction Ltd.
P. O. Box 625
Troutville, Virginia 24175
Dear Mr. Christenbury:
I am enclosing copy of Ordinance No. 31023-051892 accepting the bid of Southern
Systems, Inc., t/a Southern Playground and Equipment Co., for improvements to
play areas at Huff Lane, Thrasher and Fishburn Parks and the Garden City
Recreation Center, in the total amount of $88,484.00. Ordinance No. 31023-051892
was adopted by the Council of the City of Roanoke at a regular meeting held on
Monday, May 18, 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
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
May 26, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #67-33-472
Mr. Stanley G. Breakell, President
Breakell, Inc.
P. O. Box 6414
Roanoke, Virginia 24017-0414
Dear Mr. Breakell:
I am enclosing copy of Ordinance No. 31023-051892 accepting the bid of Southern
Systems, Inc., t/a Southern Playground and Equipment Co., for improvements to
play areas at Huff Lane, Thrasher and Fishburn Parks and the Garden City
Recreation Center, in the total amount of $88,484.00. Ordinance No. 31023-051892
was adopted by the Council of the City of Roanoke at a regular meeting held on
Monday, May 18, 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
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
May 26, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #67-33-472
Mr. Charles R. Graves, Treasurer
Graves Construction Co., Inc.
P. O. Box 10185
Blacksburg, Virginia 24062
Dear Mr. Graves:
I am enclosing copy of Ordinance No. 31023-051892 accepting the bid of Southern
Systems, Inc., t/a Southern Playground and Equipment Co., for improvements to
play areas at Huff Lane, Thrasher and Fishburn Parks and the Garden City
Recreation Center, in the total amount of $88,484.00. Ordinance No. 31023-051892
was adopted by the Council of the City of Roanoke at a regular meeting held on
Monday, May 18, 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, ~t~.~.
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
gnc.
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
May 26, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #67-33-472
Mr. John P. Whittle, President
Thor, Inc.
P. O. Box 13127
Roanoke, Virginia 24031-3127
Dear Mr. Whittle:
I am enclosing copy of Ordinance No. 31023-051892 accepting the bid of Southern
Systems, Inc., t]a Southern Playground and Equipment Co., for improvements to
play areas at Huff Lane, Thrasher and Fishburn Parks and the Garden City
Recreation Center, in the total amount of $88,484.00. Ordinance No. 31023-051892
was adopted by the Council of the City of Roanoke at a regular meeting held on
Monday, May 1.8, 1992.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedoscribed project.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Ear.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of May, 1992.
No. 31023-051892.
AN ORDINANCE accepting the bid of Southern Systems, Inc., t/a
Southern Playground and Equipment Co., for improvements to three
City parks and the Garden City Recreation Center, 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 Southern Systems, Inc., t/a Southern
Playground and Equipment Co., made to the City in the total amount
of $88,484.00, for improvements to play areas at Huff Lane,
Thrasher and Fishburn Parks and Garden City Recreation Center, such
bid being in full compliance with the City's plans and
specifications made therefor, as more particularly set forth in the
May 18, 1992 report of the City Manager to this Council, 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, execution of such contract to be subject
to approval of the appropriate supporting documents.
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
In order to provide for the usual daily operation of the
government, an emergency is deemed to exist, and this
ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
May 26, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #60-67-33-472
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schianger:
I am attaching copy of Ordinance No. 31022-051892 amending and reordaining certain
sections of the 1991-92 Capital Fund Appropriations, providing for the transfer of
$95,000.00, in connection with award of a contract to Southern Systems, Inc., t/a
Southern Playground and Equipment Co., for improvements to play areas at Huff
Lane, Thrasher and Fishburn Parks and the Garden City Recreation Center.
Ordinance No. 31022-051892 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, May 18, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
gnc.
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. L. Bane Coburn, Civil Engineer
Mr. George C. Snead, Jr., Director, Public Safety
Mr. Gary N. Fenton, Manager, Parks and Recreation
Mr. Owen M. Grogan, Superintendent, Recreation
Mr. Barry L. Key, Manager, Office of Management and Budget
Ms. Dolores C. Daniels, Assistant to the City Manager for Community
Relations
ZN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of May, 1992.
No. 31022-052892.
AN ORDINANCE to amend and reordain certain sections
1991-92 Capital Fund Appropriations, and providing
emergency.
WHEREAS, for the usual daily operation of
Government of the City of Roanoke, an emergency
exist.
THEREFORE, BE IT ORDAINED by the Council of
Roanoke that certain sections of the 1991-92
Appropriations, be, and the same are hereby,
reordained to read as follows, in part:
of the
for an
the Municipal
is declared to
the City of
Capital Fund
amended and
Recreation $19,819,536
Park Play Area Improvements to Four Parks (1) ....... 1,194,650
Capital Improvement Reserve 1,061,867
Public Improvement Bonds Series 1988 (2) .......... 41,000
1) Appropriations
from Bond Funds (008-050-9679-9001) $ 95,000
2) Parks (008-052-9603-9180) ( 95,000)
BE IT FURTHER ORDAINED that, an emergency existing,
Ordinance shall be in effect from its passage.
ATTEST:
this
City Clerk.
Roanoke,
' ~': .'~ · May 18,
Virginia
1992
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Members of Council
Subject:
Bid Committee Report
Improvements to Play Areas at
Huff Lane, Thrasher, and Fishburn Parks
and Garden City Recreation Center
Roanoke, Virginia
I concur with the recommendations of the attached Bid
Committee Report.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/LBC/mm
Attachment: Bid Committee Report
cc:
City Attorney
Director of Finance
Director of Public Works
Director of Public Safety
City Engineer
Manager, Parks & Recreation
Citizens' Request for Service
Construction Cost Technician
Roanoke, Virginia
May 18, 1992
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Members of Council
Subject:
Bid Committee Report
Improvements to Play Areas at
Huff Lane, Thrasher, and Fishburn Parks
and Garden City Recreation Center
Roanoke, Virginia
II.
Background:
ae
Bids, following proper advertisement, were
publicly opened and read aloud before City Council
on April 27, 1992 for the above project.
Be
Six (6) bids were received with Southern Systems,
Inc. T/A Southern Playground & Equipment Co., of
Virginia Beach, Virginia, submitting the low bid
in the amount of $88,484.00 and 140 consecutive
calendar days.
Work consists of the following: Ail four sites
will have play areas constructed to fit the sites
and playground equipment erected in the play area.
Garden City Recreation Center will also have one
half of an outdoor basketball court extended to a
full court.
Issues in order of importance are:
Compliance of the bidders with the requirements of
the contract documents.
B. Amount of the low bid.
C. Fundinq for the project.
D. Time of completion.
Page 2
III.
IV.
Alternatives are:
Award a lump sum contract to Southern Systems,
Inc. T/A Southern Playground & Equipment Co. in
the amount of $881484.00 and 140 consecutive
calendar days for Improvements to Play Areas at
Huff Lane, Thrasher, and Fishburn Parks and Garden
City Recreation Center.
Compliance of the bidders with the
requirements of the Contract Documents were
met.
2. Amount of the low bid is acceptable.
Fundinq is available in the '88 Park
Improvement Bond Fund, account number
008-052-9603-9180.
Time of completion is quoted as 140
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.
Amount of the low bid would probably change
if re-bid at a later date.
3. Fundinq would not be encumbered at this time.
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 Southern Systems, Inc. T/A
Southern Playground & Equipment Co. to provide and
construct Improvements to Play Areas at Huff Lane,
Thrasher, and Fishburn Parks and Garden City
Recreation Center in the amount of $881484.00 and
140 consecutive calendar days.
Page 3
Authorize the Director of Finance to transfer the
following from the '88 Bond Park Improvement
Reserve, account number 008-052-9603-9180, to an
account to be entitled Park Play Area Improvements
to Four Parks as follows:
Contract Amount
Contingency
$88,484.00
6~516.00
TOTAL $95,000.00
Reject the other bids received.
Respectfully submitted,
William White, Sr., Ch~irman
William F. Clark
Snead, Jr.
WW/LBC/mm
Attachment: Tabulation of Bids
cc:
City Attorney
Director of Finance
City Engineer
Manager, Parks & Recreation
Citizens' Request for Service
Construction Cost Technician
TABULATION OF BIDS
IMPROVEMENTS TO PLAY AREAS AT
HUFF LANE, THRASHER, AND FISHBURN PARKS
AND GARDEN CITY RECRATION CENTER
ROANOKE, VIRGINIA
PLAN NO. P-9202
Bids opened before Roanoke City Council on Monday, April 17, 1992
at 2:00 p.m.
BIDDER I LUMP SUM I NO.DAYS I BOND
Southern Systems, Inc. * $88,484.00 140 YES
Brown Brothers
Construction Company $101,584.00 90 YES
Acorn Construction, Ltd. $106,400.00 150 YES
Breakell, Inc. $117,954.00 150 YES
Graves Contruction
Company, Incorporated $122,800.00 120 YES
Thor, Incorporated $124,700.00 90 YES
* Southern Systems, Inc T/A Southern Playground & Equipment Co.
Engineer's Estimate: $115,000.00
/
William White, Sr., ~hairman
William F. Clark
Snead, Jr.
Office of City Engineer
Roanoke, Virginia
May 18, 1992
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
May 26, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #51
Mr. D. Jeffry Parkhill, Agent
Hughes Associates Architects
P. O. Box 1034
Roanoke, Virginia 24005
Dear Mr. Parkhill:
I am enclosing copy of Ordinance No. 30985-051892 rezoning a tract of land located
on the north side of Pioneer Road at Williamson Road, N. W., containing .25 acre,
identified as Official Tax No. 2090215, from C-I, Office District, to C-2, General
Commercial District, subject to certain conditions proffered by the petitioner.
Ordinance No. 30985-051892 was adopted by the Council of the City of Roanoke on
first reading on Monday, May 11, 1992, also adopted by the Council on second
reading on Monday, May 18, 1992, and will take effect ten days foliowing the date of
its second reading.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
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pc:
Mr. Robert A. Sell, President, ACME Business Machines, Inc., 3637 Williamson
Road, N. W., Roanoke, Virginia 24012
LSSF Associates, 3736 Williamson Road, N. W., RoanoKe, Virginia 24012
Mr. and Mrs. Sherman Kasey, 1473 Ruritan Road, N. E., Roanoke, Virginia
24012
Ms. Nancy Lu Powers, Route 2, Box 2054, Danville, Virginia 24540
Mr. Olin R. Melchionna, 3132 Angell Avenue, N. W., Roanoke, Virginia
24012
Mr. and Mrs. Charles Meador, 3013 Crockett Avenue, N. W., Roanoke,
Virginia 24012
Mr. D. Jeffry Parkhill, Agent
May 26, 1992
Page 2
pc:
Mr. W. G. Garst, Dominion Bankshares, P. O. Box 13327, Roanoke, Virginia
24040
Dr. Fred G. Alouf, Jr., Braeburn Medical Park, 3531 Keagy Road, Salem,
Virginia 24153
Mr. George Thomas, Five til Nine Auto Sales, P. O. Box 19125, Roanoke,
Virginia 24019
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Talevi, Assistant City Attorney
Mr. Willard N. Claytor, Director of Real Estate Valuation
Mr. L. Elwood Norris, Chairperson, Board of Zoning Appeals
Mr. Charles A. Price, Jr., Chairperson, City Planning Commission
Mr. William F. Clark, Director, Public Works
Mr. John R. Marlles, Agent, City Planning Commission
Mr. Charles M. Huffine, City Engineer
Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator
Mr. Kit B. Kiser, Director, Public Facilities
Ms. Doris Layne, Office of Real Estate Valuation
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
/he 18th day of May, 1992.
No. 30985-051892.
AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke
(1979), as amended, and Sheet No. 209, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City,
subject to certain conditions proffered by the applicant.
WHEREAS, application has been made to the Council of the City
of Roanoke to have the hereinafter described property rezoned from
C-l, Office District, to C-2, General Commercial District, subject
to certain conditions proffered by the applicant; and
WHEREAS, the City Planning Commission, which after giving
proper notice to all concerned as required by S36.1-693, 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
application at its meeting on May 11, 1992, 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
application, the recommendation made to the Council by the Planning
Commission, the City's Comprehensive Plan, and the matters
presented at the public hearing, is of the opinion that the
hereinafter described property should be rezoned as herein
provided.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that S36.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 209 of the Sectional 1976 Zone Map, City of
Roanoke, be amended in the following particular and no other:
A tract of land located on the north side of Pioneer Road at
Williamson Road, N.W., and designated on Sheet No. 209 of the
Sectional 1976 Zone Map, City of Roanoke, as Official Tax No.
2090215, be, and is hereby rezoned from C-l, Office District, to C-
2, General Commercial District, subject to those conditions
proffered by and set forth in the First Amended Petition, filed in
the Office of the City Clerk on March 31, 1992, and that Sheet No.
209 of the Zone Map be changed in this respect.
ATTEST:
City Clerk.
Roanoke City Planning Commission
May 11, 1992
The Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request from ACME Business Machine, represented
by D. Jeffry Parkhill, that a tract of land
lying on the north side of Pioneer Road at
Williamson Road, N.W., Official Tax No.
2090215, be rezoned from C-l, Office District,
to C-2, General Commercial District, such
rezoning to be subject to certain conditions
proffered by the petitioner.
I. Backqround:
ae
Purpose of the rezoning request is to provide for the
expansion of an existing office machine general sales
office located on the adjoining C-2, General Commercial
District, zoned lot.
B. Petition to rezone was filed on March 9, 1992.
First amended petition to rezone was filed on March 31,
1992. The following conditions were proffered by the
petitioner:
That the property will be developed in substantial
conformity with the site plan prepared by Hughes
Associates Architects, dated March 11, 1992, a copy
of which is attached to the petition for rezoning
as Exhibit B, subject to any changes that may be
required by the City during comprehensive site plan
review.
That the subject property shall be used for the
continuation and expansion of the adjoining
business, office machine retail sales operation and
general or professional office including financial
institutions.
Roocn 355 Municipal Building 215 Churd~ Avenue, SW Roanoke, Virginia 240t 1 (703) 981-2344
Members of City Council
Page 2
May 11, 1992
That if a building permit has not been issued and
no construction commenced within 3 years from the
date of final zoning approval, the zoning shall
revert to C-l, Office District, without further
action by City Council.
Planninq Commission public hearinq was held on April 1,
1992.
Mr. D. Jeffry Parkhill appeared before the Commission and
stated that the petitioner was requesting that a piece of
property located on Pioneer Road be rezoned from C-1 to
C-2. He said the rezoning would constitute a
continuation of the existing business on Williamson Road.
He noted that the lot was currently being used for
parking and receiving, and ACME found that they needed to
expand the operations by adding a two-story addition
directly attached to the back of the existing building.
He said there would be a 25-foot setback off of Pioneer
Road. He then read and explained the proffers as set
forth in the amended petition.
Mrs. Dorsey gave the staff report. She said that she had
given each Commission member a copy of the first amended
petition to rezone. She said the staff recommended
approval of the request and felt it would place the
contiguous property under one ownership in the same
zoning classification. She said the rezoning would also
satisfy the requirements of the comprehensive plan.
Some discussion took place between staff and the
Commission members regarding height limitations, use
limitations proffered by the petitioner, and previous
rezonings and land uses in the area.
No one appeared from the audience to speak in favor or in
opposition to the request.
II. Issues:
Zoninq of the subject property is currently C-i, Office
District. The surrounding zoning in the area is as
follows: to the west and south is C-2, General
Commercial District; to the north and southeast is RM-1,
Residential Multifamily, Low Density District and to the
east is C-l, Office District.
Land use of the subject property is currently an off-
street parking lot. Land uses in the area are as follows:
to the west and south are offices and general retail
Members of City Council
Page 3
May 11, 1992
businesses; to the north and east is a mixture of various
types of residential dwellings and an office.
Ce
Utilities are existing on site and of adequate capacity
to accommodate the proposed development on the subject
property. Storm water management would not be an issue
on this property due to the construction of the storm
drainage system along this segment of Williamson Road in
1988.
Access to the subject property is easily provided from
the adjoining public streets, Williamson Road and Pioneer
Road. The City Traffic Engineer has stated that given
the existing use on the adjoining property and the
proposed expansion of that use onto the subject property,
that no significant impacts on the traffic pattern in the
area is anticipated.
Neighborhood orqanization is the Williamson Road Action
Forum. The Planning office notified their president in
writing of the rezoning request on March 18, 1992, and no
comments have been received by this office as of the
writing of this report.
F. Comprehensive Plan recommends that:
1. Similar and related land uses should be located
together in coordinated development clusters.
Expansion of 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 become
conditional C-2, General Commercial District, and
the proposed expansion of the existing office
machine general offices could occur with the one
contiguous development on adjoining parcels being
placed in the same zoning district classification.
Land use would be an expansion of the existing
office machine general offices immediately
adjoining the subject property to the west.
Utilities to the site are available and of adequate
capacity to serve the proposed office expansion.
All engineering and storm drainage concerns
Members of City Council
Page 4
May 11, 1992
pertaining to actual site development shall be
addressed during comprehensive site development
plan review.
Access to and from the site would continue to be
from the adjoining public streets, Williamson Road
and Pioneer Road. No significant traffic impacts
are anticipated from the continued use of the
adjoining business offices and its proposed
expansion.
Neighborhood would have no negative impact from the
proposed expansion of the existing business offices
oriented to Williamson Road.
6. Comprehensive Plan issues as set forth would be
followed.
B. City Council deny the rezoning request.
Zoning of the subject property would remain C-i,
Office District. The proposed office expansion
could occur, however it would place one development
and land use into two (2) separate zoning district
classifications.
2. Land use would remain an off-street parking lot.
3. Utilities would be unaffected.
4. Access would not be an issue.
5. Neighborhood would remain unchanged.
6. Comprehensive Plan issues as set forth could be
followed at a later date.
IV. Recommendation:
The Planning Commission, by a vote of 6-0, recommends approval
of the rezoning request finding that the rezoning would place
the contiguous property and proposed commercial development
expansion within the same zoning district classification.
Furthermore, that the requested rezontng would be in keeping
with the recommendations of the comprehensive plan.
Men,hers of City Council
Page 5
May 11, 1992
Respectfully submitted,
Charles A. Price, Jr., Chairman
Roanoke City Planning Commission
JRM:EDD:mpf
attachments
cc: Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner/Zoning Administrator
Attorney for the Petitioner
Office of the City Clerk
March 31, 1992
File #51
Mr. Charles A. Price, Jr., Chairperson
City Planning Commission
Roanoke, Virginia
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 an amended petition from Mr. D. Jeffry Parkhill,
Agent, l~epresenting Acme Business Machines, requesting that a tract of land located
on the north side of Pioneer Road at Williamson Road, N. W., containing .25 acre,
identified as Official Tax No. 2090215, be rezoned from C-I, Office District, to C-2,
Generai Commercial District, subject to certain conditions proffered by the
petitioner.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Eno.
ACME.1
po.'
The Honorable Mayor and Members of the Roanoke City Council
Mr. D. Jeffry Parkhill, Agent, Hughes Associates Architects,
P. O. Box 1034, Roanoke, Virginia 24005
~Mr. John R. Mariles, Agent/Secretary, City Planning Commission
Mr. Ronaid H. Miller, Building Commissioner/Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541
PETITION TO REZONF '~2 ;'? 3i P7 :,14 FIRST AMENDED PETITIOH
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIa,
IN RE:
Rezoning of Tax Parcel No. 2090215, a tract of land lying on the north side of Pioneer
Road at Williamson Road, NW, from C-1 Office District to C-2 General Commercial District,
such rezoning to be subject to certain conditions proffered by the Petitioner.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE:
The Petitioner, ACME Business Machine, owns land in the City of Roanoke containing
.25 acres located on Pioneer Road, NW currently zoned C-1, Office District and adjacent to
property also owned by the Petitioner located at 3637 Williamson Road, NW, identified as Tax
Parcel No. 2090202 which is currently zoned C-2, General Commercial District. A map of the
property to be rezoned is attached as Exhibit A.
Pursuant to Section 36.1-690, Code of City of Roanoke (1979), as amended, the
Petitioner requests that the said property on Pioneer Road, NW be rezoned from C-1, Office
District to C-2, General Commercial District, subject to certain conditions set forth below, for
the purpose of expanding the existing office machine general offices located on the adjacent and
C-2, General Commercial District zoned lot.
The Petitioner believe that the rezoning of the said tract of land will further the intent
and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will p:~
all contiguous property under one ownership in the same zoning district classification and would
provide for further expansion of an existing business.
The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested,
that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions:
That the property will be develol3ed in substantial conformity with the concept -
site plan prepared by Hughes Associates Architects, dated March 11, 1992, a
copy of which is attached to the Petition for Rezoning aa Exhibit B, subject to any
changes that may be required by the City during comprehensive site plan review.
That the subject property shall be used for the continuation and expansion of
the adjoining business, office machine retail sales operation and general or
professional office including financial institutions.
3. That if a building permit has not been issued and no construction commenced
within 3 years from the date of final zoning approval, the zoning shall revert to
C-1, Office District without further action by City Council.
Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners
of all lots or property immediately adjacent to and immediately across a street or road from the
property to be rezoned.
WHEREFORE, the Petitioner requests that the above described tract be rezoned as
requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke.
Respectfully submitted this 11 day of March, 1992.
Mr. Robert Sell, President
ACME Business Machines, Inc.
3637 Williamson Road, NW
Roanoke, Virginia 24014
Signature of Owner
Respectfully submitted,
by:~
Agent for the Owner/Petitioner
Hughes Associates Architects
P.O. Box 1034
Roanoke, Virginia 24005
703 342-400;~
ClT
ROA
LOCATION
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I)ROI)OSI;D
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Office of the City Clerk
April 30, 1992
File #§1
Mr. D. Jeffry Parkhili, Agent
Hughes Associates Architects
P. O. Box 1034
Roanoke, Virginia 2400§
Dear Mr. Parkhill:
Pursuant to Resolution No. 2§523 adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, April 6, 1981, a public hearing will be held on
Monday, May 11, 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, 215
Church Avenue, S. W., on the request of Acme Business Machines that a tract of
land located on the ne}rth side of Pioneer Road at Williamson Road, N. W., containing
.25 acre, identified as Official Tax No. 2090215, be rezoned from C-l, Office
District, to C-2, General Commercial District, subject to certain conditions proffered
by the petitioner.
For your information, I am enclosing copy of a notice of the public hearing and an
Ordinance providing for the rezoning, which notice and Ordinance were prepared
by the City Attorney's Office. Please review the documents and if you have
questions, you may contact Mr. Steven J. Talevi, Assistant City Attorney, at
2431. Questions with regard to the City Planning Commission report shin. :
directed to Mr. John R. Marlles, Chief of Community Planning, at 981-2344.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
MAY
Enc.
pc:
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Talevi, Assistant City Attorney
Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541
Mr. D. Jeffry Parkhili, Agent
April 30, 1992
Page 2
pc:
Mr. Willard N. Claytor, Director of Real Estate Valuation
Mr. Charles A. Price, Jr., Chairperson, City Planning Commission
Mr. L. Elwood Norris, Chairperson, 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
,¥I NUMBER - 42204464
PUBLISHER'S F_.c ~105.¥D
CITY OF ROANOKE
C/O MA&Y F PARKER
CITY CLERKS OFFICE
i<OOM 45b MUNICIPAL BLi)G
ROANOKE VA 24011
STATE OF VIRGINIA
CITY OF ROANOKE
AFFIDAVIT OF PUBLICATION
I, (THE UNDERSIGNED) AN AUTHORIZED
REPRESENTATIVE OF THE TIMES-WORLD COR-
PORATION, WHICH CORPORATION IS PUBLISHER
(]F THE ROANOKE TIMES & WORLD-NEWSy A
DAILY NEWSPAPER PUELISHED IN ROANOKE, IN
THE STATE OF VIRGINIA, DO CERTIFY THAT
THE ANNEXED NOTICE WAS PUBLISHED IN SAID
NEWSPAPERS ON THE FOLLOWING DATES
04/24/92 MORNING
05/01/92 MLRNINGq' '
WITNESS, ~!~'l 4TH ~AY OF MAY t992
AUTHORIZED SIGi4ATURE
Ro~m 4M Munlc~lmJ i~ulld;
NOTICE OF PUBLIC HEARING
Church Avenue,
District, to
property:
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of Article VII of Chapter 36.1,
Code of the City of Roanoke (1979), as amended, the Council of the
City of Roanoke will hold a Public Hearing on Monday, May 11, 1992,
at 7:30 p.m., in the Council Chamber in the Municipal Building, 215
S.W., on the question of rezoning from C-l, Office
C-2, General Commercial District, the following
A tract of land located on the north side of
Pioneer Road at Williamson Road, N.W., and
bearing Official Tax No. 2090215, such
rezoning to be subject to certain proffered
conditions.
A copy of this proposal is available for public inspection in
the Office of the City Clerk, Room 456, Municipal Building. All
parties in interest may appear on the above date and be heard on
the question.
GIVEN under my hand this 215t day of April , 1992.
Mary F. Parker, City Clerk.
Please publish in full twice in the
Roanoke Times & World-News, once on
Friday, April 24, 1992, and once
on Friday, May 1, 1992.
Send publisher's affidavit and bill to:
Mary F. Parker, City Clerk
Room 456, Municipal Building
215 Church Avenue, S. W.
Roanoke, Virginia 24011-1536
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE REZONING OF:
ACME Business Machine, represented by Jeffry D. )
Parkhill, that a tract of land lying on the north)
side of Pioneer Road at Willtamson Road, NW, )AFFIDAVIT
Official Tax No. 2090215, be rezoned from C-1 to )
C-2, 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 23rd day
of March, 1992, notices of a public hearing to be held on the 1st
day of April, 1992, on the rezoning captioned above to the owner or
agent of the parcels listed below at their last known address:
Parcel Owner~ Agent or Occupant Address
2090202 LSSF Associates 3736 Williamson Road
Roanoke, VA 24012
2090203
Sherman and Phyllis Kasey
1473 Ruritan Road, NE
Roanoke, VA 24012
2090201 Nancy Lu Powers Route 2, Box 2054
Danville, VA 24540
2090214 Olin R. Melchionna
3132Angell Avenue, NW
Roanoke, VA 24012
2090207
Anna and Charles Meador
3013 Crockett Ave., NW
Roanoke, VA 24012
2090105 Dominion Bankshares P.O. Box 13327
c/o W. G. Garst Roanoke, VA 24040
2090109
Fred G. Alouf, Jr.
Braeburn Medical Park
3531 Keagy Road
Salem, VA 24153
2090204
Five til Nine Auto Sales P.O. Box 19125
George Thomas Roanoke, VA 24019
M~tha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public,
City of Roanoke, Virginia, this 23rd day of ~arch, 1992.
Notary Public
in the
My Commission Expires:
Office of the City Clerk
March 10, 1992
File #51
Mr. Charles A. Price, Jr., Chairperson
City Planning Commission
Roanoke, Virginia
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. D. Jeffry Parkhill, ~gent,
representing Acme Business Machines, requesting that a tract of land locatec n the
north side of Pioneer Road at Williamson Road, N. W., containing. 25 acre, idel~ if led
as Official Tax No. 2090215, be rezoned from C-1, Office District, to C-2, Ge lerai
Commercial District, subject to certain conditions proffered by the petitioner.
Sincerely, ~O-~-~_~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
ACME
pc:
The Honorable Mayor and Members of *~' ~ Roanoke City Council
Mr. D. Jeffry ParkhilI, Agent, Hug}~ ~ssociates Architects,
P. O. Box 1034, Roanoke, Virginia 05
Mr. John R. Marlles, Agent/Secre~.~)~, City Planning Commission
Mr. Ronaid H. Miller, Building Commissioner/Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia ~0; ~ (703) 981-2541
PETITION TO REZONE '0~- ,i:
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
Rezoning of Tax Parcel No. 2090215, a tract of land lying on the north side
of Pioneer Road at Williamson Road, NW, from C- 1 Office District to C-2 General
Commercial District, such rezoning to be subject to certain conditions proffered
by the Petitioner.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioner, ACME Business Machine, owns land in the City of Roanoke
containing .25 acres located on Pioneer Road, NW currently zoned C-1, Office District
and adjacent to property also owned by the Petitioner located at 3637 Williamson
Road, NW, identified as Tax Parcel No. 2090202 which is currently zoned C-2, General
Commercial District. A map of the property to be rezoned is attached as Exhibit A.
Pursuant to Section 36.1-690, Code of City of Roanoke (1979), as amended,
the Petitioner requests that the said property on Pioneer Road, NW be rezoned from
C-1, Office District to C-2, General Commercial District, subject to certain conditions
set forth below, for the purpose of expanding the existing office machine general offices
located on the adjacent and C-2, General Commercial District zoned lot.
The Petitioner believe that the rezoning of the said tract of land will further the
intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in
that it will place all contiguous property under one ownership in the same zoning district
classification and would provide for further expansion of an existing business.
The Petitioner hereby proffers and agrees that if the said tract is rezoned as
requested, that the rezoning will be subject to, and that the Petitioner will abide by,
the following conditions:
That the property will be developed in substantial conformity with the
site plan prepared by Hughes Associates Architects, dated March 11,
1992, a copy Of which is attached to the Petition for Rezoning as Exhibit
B, subject to any changes that may be required by the City during
comprehensive site plan review.
2. That if a building permit has not been issued and no construction commenced
within 3 years from the date of final zoning approval, the zoning shall
revert to C-1, Office District without further action by City Council.
Attached as Exhibit C are the names, addresses and tax numbers of the owner
or owners of all lots or property immediately adjacent to and immediately across a
street or road from the property to be rezoned.
WHEREFORE, the Petitioner requests that the above described tract be rezoned
as requested in accordance with the provisions of the Zoning Ordinance of the City
of Roanoke.
Respectfully submitted this 11 day of March, 1992.
Mr. Robert Sell, President
ACME Business Machines, Inc.
3637 Williamson Road, NW
Roanoke, Virginia 24014
~ Owner
Respectfully submitted,
by: D. Jeffry Parkhill
Agent for the Owner/Petitioner
Hughes Associates Architects
P.O. Box 1034
Roanoke, Virginia 24005
703 342-4002
SUBJECT PR'O"PERTY
WERTZ
REZON
C-1 TO C-2
EXHIBIT
OFFICIAL TAX NO.
2090202
2090203
2090201
2090214
2090207
2O9O2O8
2090105
2090109
2090204
SUBJECT PROPERTY
2O90215
OWNER'S NAME &
MAILING ADDRESS
LSSF Associates
3637 Williamson Road
Roanoke, Virginia 24012
Kasey, Sherman M & Phyllis
1473 Ruritan Road, NE
Roanoke, Virginia 24012
Nancy Lu Powers
Route 2, Box 2054
Danville, Virginia 24540
Melchionna, Olin R.
3022 Pioneer Road, NW
Roanoke, Virginia 24012
Meador, Anna Mae
Meador, Charles Gregory
3013 Crockett Avenue, NW
Roanoke, Virginia 24012
Sink, Mary C
3017 Crockett Avenue, NW
Roanoke, Virginia 24012
Dominion Bankshares Corp
c/o R.C. Leonard, Jr.
P.O. Box 13327
Roanoke, Virginia 24040
Alouf, Fred G. Jr.
Braeburn Medical Park
3531 Keagy Road
Salem, Virginia 24153
George Thomas
P.O. Box 19125
Roanoke, Virgina 24019
LSSF Associates
3637 Wiliiamson Road, NW
Roanoke, Virginia 24012
Office of the City Clerk
March 31, 1992
File #51
Mr. Charles A. Price, Jr., Chairperson
City Planning Commission
Roanoke, Virginia
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 an amended petition from Mr. D. Jeffry Parkhill,
Agent, representing Acme Business Machines, requesting that a tract of land located
on the north side of Pioneer Road at Williamson Road, N. W., containing .25 acre,
identified as Official Tax No. 2090215, be rezoned from C-1, Office District, to C-2,
General Commercial District, subject to certain conditions proffered by the
petitioner.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Eno.
ACME.1
pc:
The Honorable Mayor and Members of the Roanoke City Cou ~il
Mr. D. Jeffry Parkhill, Agent, Hughes Associates Arehitec:s,
P. O. Box 1034, Roanoke, Virginia 24005
Mr. John R. Marlles, Agent/Secretary, City Planning Commission
Mr. Ronald H. Miller, Building Comn~issioner/Zoning Administrator
Mr. Steven J. Taievi, Assistant City Attorney
Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541
NOTICE OF PUBLIC HEARING BEFORE THE' ROANOKE CITY PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The Roanoke City Planning Commission will hold a public
hearing on Wednesday, April 1, 1992, at 1:30 p.m., or as soon
thereafter as the matter may be heard, in the City Council Chamber,
fourth floor, Municipal Building, 215 Church Avenue, S.W., in order
to consider the following:
Request from ACME Business Machine, represented by Jeffry D.
Parkhill, that a tract of land lying on the north side 'of
Pioneer Road at Williamson Road, N.W., Official Tax No.
2090215, be rezoned from C-l, Office District, to C-2, General
Commercial District, such rezonlng to be subject to certain
conditions proffered by the petitioner.
A copy of said application is available for review in the
Office of Community Planning, Room 355, Municipal Building.
All parties in interest and citizens may appear on the above
date and be heard on the matter.
John R. Marlles, Agent
Roanoke City Planning Commission
Please run in newspaper on Tuesday, March 17, 1992
Please run in newspaper on Tuesday, March 24,
Please bill: Hughes Associates Architects
P. O. Box 1034
Roanoke, VA 24005
(703) 342-4002
1992
Please send an affidavit of publication to:
Office of Community Planning
Room 355, Municipal Building
215 Church Avenue, SW
Roanoke, VA 24011
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
May 26, 1992
SANDRA H. EAK1N
Deputy City Clerk
File #27-28-166-178
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 30991-051892 providing for vacation of a 3.25
foot by 31.00 foot portion of a storm drain easement currently being enereached upon
by a structure on Lot 10, Maple Tree Townhouses, upon certain terms and
conditions, as more particularly set forth in a report of the Water Resources
Committee under date of May 11, 1992. Ordinance No. 30991-051892 was adopted by
the Council of the City of Roanoke on first reading on Monday, May 11, 1992, also
adopted by the Council on second reading on Monday, May 18, 1992, and will take
effect ten days following the date of its second reading.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
pc:
The Reverend Carl T. Tinsley, President, Gainsbore Neighborhood
Development Corporation, 2647 Spring Hill Drive, N. W., Roanoke,
Virginia 24017
Mr. Kit B. Kiser, Director, Public Facilities
Mr. Jesse H. Perdue, Jr., Manager, Utility Lines
Mr. William F. Clark, Director, Public Works
Mr. Charles M. Huffine, City Engineer
Mr. Richard V. Hamilton, Real Estate Agent
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 18th day of May, 1992.
No. 30991-051892.
AN ORDINANCE providing for the vacation of
certain storm drain easement located on Lot
Townhouses upon certain terms and conditions.
VIRGINIA
a portion of a
10, Maple Tree
BE IT ORDAINED by the Council of the City of Roanoke that
the City Manager and the City Clerk are hereby authorized to
execute and attest, respectively, in form approved by the City
Attorney, an appropriate instrument vacating and releasing the
City's interest in a 3.25 foot by 31.00 foot portion of a storm
drain easement currently being encroached upon by a structure on
Lot 10, Maple Tree Townhouses, said instrument to include
provisions that the developer, Gatnsboro Neighborhood Development
Corporation, or its successor, be responsible for and indemnify and
hold the City harmless from any and all costs or claims relating to
any use, condition, or maintenance of the remaining portion of said
storm drain that may result from the encroachment or vacation
authorized herein, all as more particularly described in the report
from the Water Resources Committee to this Council dated May 11,
1992.
ATTEST:
City Clerk.
Roanoke, Virginia
May 11, 1992
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Encroachment into Public Drainage Easement
Maple Tree Townhouses
The attached staff report was considered by the Water Resources
Cox~nittee at its meeting on May 4, 1992. The Con~nittee reco~nends
that Council authorize the vacation of a portion of a storm drain easement on
Lot 10, Maple Tree Townhouses in accordance with conditions stated in the
attached report.
ETB:KBK:afm
Attachment
CC:
Respectfully submitted,
Water Resources Committee
City Manager
City Attorney
Director of Finance
Director of Utilities & Operations
Director of Public Works
Manager, Utility Line Services
City Engineer
Carl T. Tinsley, President, Gainsboro Neighborhood Development Corp.
INTERDEPARTMENTAL COMMUNICATION
DATE: April 27, 1992
TO: Umbers,~r Resources Committee
FROM: K~.t B~.' Kiser, Dir,e~of Utilities & Operations,
W. Robert Herbert?~Ity Manager
SUBJECT: ENCROACHMENT INTO PUBLIC DRAINAGE EASEMENT
MAPLE TREE TOWNHOUSES
thru
I. Background:
Storm drain easement was dedicated to City across Maple
Tree Townhouses site by Gainsboro Neighborhood
Development Corporation (GNDC) prior to development of
site (see attached section of Sheet 201, Appraisal Map).
II. Current Situation:
III.
Townhouse structure incorrectly sited encroaches 3.25
feet into a portion of easement for a distance of 31.00
feet (see attached plat prepared by Lumsden Associates,
P.C., dated March 23, 1992).
B. Encroachment will not affect the storm drain pipe in the
easement.
Guarantees should be required of developer that they, and
not the City, shall be responsible for the cost(s) of any
complications to use, condition and maintenance of storm
drain line caused by this encroachment.
Issues:
A. Need
B. Timinq
C. Cost to City
Page 2
IV. Alternatives:
Committee recommend to City Council that it authorize the
appropriate City officials to execute documentation to be
prepared by petitioner, vacating a 3.25 foot by 31.00
foot portion of a storm drain easement on Lot 10, Maple
Tree Townhouses that was inadvertantly encroached upon by
a new structure. Vacation documentation to be in a form
approved by the City Attorney and limit the City's
liability due to the encroachment of the structure into
the easement.
1. Need to eliminate encroachment is met.
Timing to remove problem as quickly as possible is
met.
3. Cost to City is zero.
Committee not recommend to City Council that it authorize
the vacation of a 3.25 foot by 31.00 foot portion of a
storm drain easement on Lot 10, Maple Tree Townhouses.
1. Need to eliminate encroachment is not met.
Timing to remove problem as quickly as possible is
not met.
3. Cost to City is moot.
Recommendation: Committee recommend to City Council that it
authorize the vacation of a portion of a storm drain easement
on Lot 10, Maple Tree Townhouses in accordance with
Alternative "A".
KBK/RVH/fm
Attachments
CC:
City Attorney
Director of Finance
Director of Public Works
Manager, Utility Line Services
City Engineer
Carl T. Tinsley, President, Gainsboro Neighborhood
Development Corporation
March 24, 1992
Mr. Kit B. Kiser
Director of Utilities & Operations
City of Roanoke
215 Church Avenue
Roanoke, Virginia 24011
Re:
Maple Tree Townhomes
Property of Gainsboro
Neighborhood Development
Corporation
Dear Mr. Kiser:
On behalf of the Gainsboro Neighborhood Development Corporation, I
respectfully request that the City of Roanoke vacate a small
portion of existing twenty foot (20') drainage easement as
presently recorded in Deed Book 1437, Page 1415.
This vacation is necessary as the surveyor made an error in
stakeout and the new building was built approximately three (3)
feet from where it was intended.
A plat is enclosed showing the exact dimensions of the area to be
vacated. Thank you for your consideration.
Yours very truly,
GAINSBORO NEIGHBORHOOD
DEVELOPMENT CORPORATION
Carl T. Ti~'sley~nt
CTT/p
REVISED SECTION NINE
GAINSBORO COMMUNITY DEVELOPMENT PROGRAM
M.B. 1, PG, .307
LOT 4-
TAX ~i2021683 LOT 3
D.B. 154-0, PG. 135 TAX ~2021682
PROPERTY OF ! D.B. 1544, PG. 120
JOSEPH B. HICKS, SR./ PROPERTY OF
NORVELLA J. WILSON
11
8 10
AREA OF I:'X~STING DRAINAO[
EASEMENT OF BE VACAI~D
DIRECTION DISTANCE
TOTAL AREA = 100.75 S.F.
EY,. 20'
1437, PG.
EX. 3-UNI
TOWNHOUSE
OF EX.
20' D.E. TO
BE VACA'[ED
0
MADISON AVE., N.W
50' R/W' AREA OF EX.
20' D.E. TO
BE VACATED
PLAT SHOW1NG POR?ON
OF EXISTING 20
DRAINAGE EASEMENT
(D.B. 14-37, PG. 14.15)
TO BE VACATED BY THE
CITY OF ROANOKE
ACROSS LOT 10, MAPLE 'TREE TOWNHOUSES
M.B. 1, PG.°1103
PROPERTY OF
GAINSBOR0 NEIGHBORHOOD
DEVELOPMENT CORPORATION
ROANOKE, VIRGINIA
SCALE: 1" -- 30' DATE: 25 MARCH 1992
LUMSDEN ASSOCIATES, P.C.
ENGINEERS-SURVEYORS-PLANNERS
ROANOKE, VIRGINIA
EXISllNG
20' O,E.
ENLARGEMENT
'%
II
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) 981-2~41
May 26, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #166-77-28-468B-2
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 30992-051892 providing for the sale of a certain
.055 acre parcel of land located in the City's Beaverdam Reservoir Property on
Jeter's Chapel Mountain Road (Route 635), Bedford County, Virginia, in the vicinity
of Jeter's Chapel Union Church to Malcolm M. Doubles, for a consideration of
$150.00; and further providing for dedication of a new 50 foot right-of-way needed
by the Virginia Department of Transportation to improve Route 635 through portions
of the Beaverdam Reservoir Property to provide for widening, straightening,
reaiigning and 'other improvements to said road, as more particularly set forth in a
report of the Water Resources Committee under date of May 11, 1992. Ordinance No.
30992-051892 was adopted by the Council of the City of Roanoke on first reading on
Monday, May 11, 1992, aiso adopted by the Council on second reading on Monday,
May 18, 1992, and will take effect ten days following the date of its second reading.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
pc:
Mr. Malcolm M. Doubles, P. O. Box 12843, Roanoke, Virginia 24029
Mr. Wayne Agee, Engineer, Virginia Department of Transportation, c/o Ms.
Patricia H. Quillen, ROW Acquisition Attorney, Virginia Department of
Transportation, P. O. Box 3071, Salem, Virginia 24153
Ms. Patricia H. Quilien, ROW Acquisition Attorney, Virginia Department of
Transportation, P. O. Box 3071, Salem, Virginia 24153
Mr. Joel M. Schlanger, Director of Finance
Ms. Deborah J. Moses, Chief of Billings and Collections
Mr. Kit B. Kiser, Director, Public Facilities
Mr. W~Robert Herbert
May 26, 1992
Page 2
pc:
Mr. M. Craig Sluss, Manager, Water Department
Mr. William F. Clark, Director, Public Works
Mr. Charles M. Huffine, City Engineer
Mr. Richard V. Hamilton, Real Estate Agent
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
SANDRA H. EAKIN
Deputy City Clerk
May 26, 1992
File #24A-79
The Honorable Jerome S. Howard, Jr.
Commissioner of Revenue
Roanoke, Virginia
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Gentlemen:
I am attaching copy of Ordinance No. 31008-051892 amending the City Code to
transfer authority for assessment and collection of franchise fees, utility tax,
admissions tax, transient occupancy tax and special tax on consumers of local
telephone services from the Commissioner of Revenue to the Director of Finance; to
increase the penalty for failure to report or pay utility, admissions or transient
occupancy tax to a Class I misdemeanor; to provide a monetary penalty for a late
remittance or faise return for admissions and transient occupancy tax; to clarify the
method of calculation of the admissions tax; to provide a uniform payment date and
record retention period for the above taxes; and to impose a monitoring requirement
on the Director of Finance for the above taxes, effective July 1, 1992. Ordinance
No. 31008-051892 was adopted by the Council of the City of Roanoke on first reading
on Monday, May 11, 1992, also adopted by the Council on second reading on Monday,
May 18, 1992, and will become effective as of July 1, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sw
Enc.
pc:
The Honorable G. O. Clemens, Chief Judge, Circuit Court, P. O. Box 1016,
Salem, Virginia 24153
The Honorable Kenneth E. Trabue, Judge, Circuit Court, 305 East Main
Street, Salem, Virginia 24153
The Honorable Roy B. Willett, Judge, Circuit Court
~be Honorable Jerome S. Howard, Jr.
Mr. Joel M. Schlanger
May 26, 1992
Page 2
pc:
The Honorable Diane M. Strickland, Judge, Circuit Court
The Honorable Clifford R. Weckstein, 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
The Honorable Julian H. Raney, Jr., Judge, General District Court
The Honorable Richard C. Pattisal, Judge, General District Court
The Honorable Gordon E. Peters, City Treasurer
The Honorable Donald S. Caldweli, Commonwealth's Attorney
The Honorable Arthur B. Crush, III, Clerk, Circuit Court
Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court
Mr. Ronald Albright, Clerk, General District Court
Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia
Building, Roanoke, Virginia 24011
Mr. W. Robert Herbert, City Manager
Mr. George C. Snead, Jr., Director, Public Safety
Mr. M. David Hooper, Police Chief
Mr. Bobby D. Casey, Office of the Magistrate
Ms. Clayne M. Calhoun, Law Librarian
Mr. Robert L. Laslie, Vice President - Supplements, Municipal Code
Corporation, P. O. Box 2235, Tal]ahassee, Florida 32304
Ms. Deborah J. Moses, Chief of Billings and Collections
Mr. Willard N. Claytor, Director of Real Estate Valuation
Mr. Robert Ho Bird, Municipal Auditor
CITY OF ROANOKF.
INTERDEPARTMENTAL COMMUNICATION
DATE:
TO:
FROM:
May 28, 1992
File
Mary F. Parker, City Clerk
According to Mr. James D. Grisso, Deputy Director of Finance, the Chief of Billings
and Collections will be responsible for notifying all agencies affected by Ordinance
No. 31008-051892.
MFP: sw
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
DATE:
TO:
FROM:
May 28, 1992
File
Mary F. Parker, City Clerk
According to Mr. James D. Grisso, Deputy Director of Finance, the Chief of Billings
and Collections will be responsible for notifying all agencies affected by Ordinance
No. 31008-051892.
MFP: sw
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 18th day of May, 1992.
No. 31008-051892.
VIRGINIA,
AN ORDINANCE amending and reordaining the Code of the City of
Roanoke (1979), as amended, by repealing Sec. 2-222, Monitorinq of
franchise payments; by amending and reordaining Sec. 32-1,
Definitions, Sec. 32-173, Duty of seller to collect~ report and
remit, Sec. 32-174, Seller's records, Sec. 32-175, Duty of director
of finance to collect, Sec. 32-176, Failure to pay~ violations of
article, Sec. 32-216, Definitions, Sec. 32-217, Levied; rate,
subsections (a), (b) and (c) of Sec. 32-221, Report and remittance,
Sec. 32-222, Failure to collectt report or remit, Sec. 32-223,
Records to be kept, Sec. 32-225, Temporary or transient places of
amusement or entertainment, Sec. 32-226, Violations of article,
Sec. 32-227, Powers and duties of director of finance under
article, Sec. 32-243, Report and remittance, Sec. 32-244, Failure
to collect, report or remit, Sec. 32-245, Records to be kept, Sec.
32-247, Violations of article, Sec. 32-248, Powers and duties of
director of finance under article, Sec. 32-277, Duty of seller to
collect, report and remit; duties of local officials, and Sec. 32-
278, Seller's records; and by adding new Sec. 2-240, Monitoring of
franchise payments, new Sec. 32-177, Failure to remit, new Sec. 32-
178, Monitorinq tax payments, new Sec. 32-226.1, Penalty for late
remittance or false return, new Sec. 32-228, Monitorinq tax
payments, new Sec. 32-247.1, Penalty for late remittance or false
return, new Sec. 32-249, Monitoring tax payments, and new Sec. 32-
282.1, Monitorinq tax payments, such repeal, amendments and
additions to transfer authority for assessment and collection of
the franchise fees, utility tax, admissions tax, transient
occupancy tax and special tax on consumers of local telephone
services from the Commissioner of Revenue to the Director of
Finance; to increase the penalty for failure to report or pay
utility, admissions or transient occupancy tax to a Class 1
misdemeanor; to provide a monetary penalty for a late remittance or
false return for admissions and transient occupancy tax; to clarify
the method of calculation of the admissions tax; to provide a
uniform payment date and record retention period for the above
taxes; to impose a monitoring requirement on the Director of
Finance for the above taxes; and providing for an effective date.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 2-222, Monitorinq of franchise payments, of
Article X, Commissioner of the Revenue, of Chapter 2,
Administration, of the Code of the City of Roanoke (1979), as
amended, is hereby REPEALED.
2. Sec. 32-1, Definitions, of Article I, In General, Sec 32-
173, Duty of seller to collect~ report and remit, Sec. 32-174,
Seller's records, Sec. 32-175, Duty of director of finance to
collect, Sec. 32-176, Failure to pay; violations of article, of
Article VII, Tax on Purchase of Utility Services, Sec. 32-216,
Definitions, Sec. 32-217, Levied; rate, subsections (a), (b) and
(c) of Sec. 32-221, Report and remittance, Sec. 32-222, Failure to
collect, report or remit, Sec. 32-223, Records to be kept, Sec.
2
32-2~5, ~ or transient ~laces of amusement or
entertainment, Sec. 32-226, Violations of articln, Sec. 32-227,
Powers and duties of director of finance under articl,'~, of Article
IX, Admissions Tax, Sec. 32-243, Report and remittance, Sec. 32-
244, Failure to collectt report or remil., Sec. 32-245, Records to
b__e. kep~, Sec. 32-247, Violations of article, and Sec. 32-248,
Powers and duties of director of finance under articl~, of Article
X. Transient Occupancy Tax, Sec. 32-277, Duty of seller to collect~
report and remit~ duties of local officia]:~, Sec. 32-278, Seller's
~ecords, of Article XIII, Special Tax on Consumers of Local
Telephone Service, of Chapter 32, Taxatioq, of the Code of the City
of Roanoke (1979), as amended, is further amended and reordained to
read and provide as follows, namely:
CHAPTER 32. TAXATION.
Article I. In General.
Sec. 32-1. Definitions.
The following words, when used in this chapter, shall
have the following respective meanings, unless the
context clearly indicates a different meaning:
Assessment: The act of determining and fixing, for tax
purposes, the value of real estate situate within the
corporate limits of the city.
Assessor: The assessor of real estate for taxation,
known in this city as the director of real estate
valuation, and appointed pursuant to the provisions of
section 32-36 through 32-37.1 of this chapter.
Commissioner: The commissioner of the revenue of the
city.
Director of Finance: The director of finance of the
city.
License inspector: The license inspector of the city.
3
~reasurer: The treasurer of the city.
Article VII. Tax on Purchase of Utility Services.
Sec. 32-173. Duty of seller to collect, report and
remit.
Every seller with respect to which a tax is levied
under this article shall collect the amount of tax
imposed under this article from the purchaser on whom the
same is levied at the time of collecting the purchase
price charged for the utility service. Taxes collected
by the seller shall be held in trust by the seller until
remitted to the city.
Every seller with respect to which a tax is levied
under this article shall make out a report, upon such
forms and setting forth such information as the director
of finance may prescribe and require, showing the amount
of utility services purchased, the tax required to be
collected and the name and address of any purchaser who
has refused to pay his tax, and shall sign and deliver
such report to the treasurer with a remittance of such
tax. Such reports and remittance shall be made on or
before the twentieth day of each month, covering the
amount of tax collected during the preceding month.
Sec. 32-174. Seller's records.
Each and every seller shall keep and preserve for a
period of three (3) years complete records showing all
purchases of utility service in the city, which records
shall show the price charged against each purchaser with
respect to each purchase, the date thereof, and the date
of payment thereof, and the amount of tax imposed under
this article. The director of finance shall have the
power to examine such records at reasonable times and
without unreasonable interference with the business of
the seller, for the purpose of administering and
enforcing the provisions of this article and to make
copies of all or any parts thereof.
Sec. 32-175. Duty of director of finance to collect.
The director of finance shall be charged with the duty
of collecting the taxes levied and imposed by this
article and shall cause the same to be paid into the
general treasury of the city.
Sec. 32-176. Failure to pay; violations of article.
Any purchaser failing, refusing or neglecting to pay
the tax imposed or levied by this article and any seller,
or any officer, agent or employee of any seller,
violating the provisions of this article shall be guilty
of a Class 1 misdemeanor. Such conviction shall not
relieve any such person from the payment of the tax
imposed by this article. Each failure, refusal, neglect
or violation, and each day's continuance thereof, shall
constitute a separate offense.
Article IX. Admissions Tax.
Sec. 32-216. Definitions.
The following words and phrases, when used in this
article, shall have the following respective meanings,
except where the context clearly indicates a different
meaning:
Admission charqe: The charge made for each admission to
any amusement or entertainment, exclusive of any federal
tax thereon, but including a charge made for season
tickets, whether obtained by contribution or
subscription, and including a cover charge or a charge
made for the use of seats or tables, whether reserved or
otherwise, and for similar accommodations in the city.
Sec. 32-217. Levied; rate.
A tax on the amount paid for the admission to any place
of amusement or entertainment is hereby levied upon and
shall be collected from every person who pays an
admission charge to such place. The rate of this tax
shall be five percent (5%) of the stated admission charge
for each person admitted or for each ticket sold. Except
as otherwise provided in section 32-218, if any person is
admitted free to any place of amusement or entertainment
at any time when an admission charge is made to other
persons, an equivalent tax is hereby levied upon, and
shall be collected from, such person so admitted free of
an admission charge, which tax shall be based on the
price charged to such other persons of the same class for
the same or similar accommodations.
5
Sec. 32-221. Report and remittance.
(a) The person collecting any admission tax under this
article shall make out a report, upon such forms and
setting forth such information as the director of finance
may prescribe and require, showing the amount of
admission charge collected, exclusive of the federal tax
thereon, and the tax from the admissions for which he is
liable, and shall sign and deliver the same to the
treasurer, with a remittance of such tax. Such report
and remittance shall be made on or before the twentieth
day of each month covering the amount of tax collected
during the preceding month.
(b) Any person operating a place of amusement or
entertainment whereat amusement or entertainment is
furnished regularly throughout the year may, upon written
application to, and with the written consent of, the
director of finance, make reports and remittances on a
quarterly basis in lieu of the monthly basis provided for
in subsection (a) above. Such quarterly reports and
remittances shall be made on the twentieth day of April,
July, October and January in each year, and shall cover
the amounts collected during the three (3) months
immediately preceding the months in which reports and
remittances are required.
(c) If the remittance under this section is by check
or money order, the same shall be payable to the city and
all remittances received hereunder by the director of
finance shall be promptly turned over to the city
treasurer.
Sec. 32-222. Failure to collect~ report or remit.
(a) If any person shall fail or refuse to remit to the
treasurer the tax required to be collected and paid under
this article, within the time and in the amount specified
in this article, there shall be added to such tax by the
director of finance interest at the maximum yearly rates
authorized by general law of commonwealth, as provided
for in section 58.1-15, Code of Virginia (1950), as
amended, on the amount of the tax for each year or
portion thereof from the first day following the day upon
which the tax is due.
(b) If any person shall fail or refuse to collect such
tax and to make, within the time provided in this
article, any report and remittance required by this
article, the director of finance shall proceed in such
manner as he may deem best to obtain facts and
information on which to base his estimate of the tax due.
As soon as the director of finance shall procure such
facts and information as he is able to obtain upon which
to base the assessment of any tax payable by any person
who has failed or refused to collect the same and to make
such report and remittance, he shall proceed to determine
and assess against such person the tax and penalties
provided for by this article and shall notify such person
by registered mail sent to his last known place of
address of the total amount of such tax and interest and
penalties, and the total amount thereof shall be payable
within ten (10) days from the date of such notice.
Sec. 32-223. Records to be kept.
It shall be the duty of every person liable for the
collection and payment to the city of any tax imposed by
this article to keep and preserve, for a period of three
(3) years, such suitable records as may be necessary to
determine the amount of such tax, which records the
director of finance shall have the right to inspect at
all reasonable times.
Sec. 32-225. Temporary or transient places of amusement
or entertainment.
(a) Whenever any place of amusement or entertainment
makes an admission charge which is subject to the tax
levied by this article and the operation of such place is
of a temporary or transitory nature, the director of
finance shall require the report and remittance of the
admission tax to be made on the day following its
collection, if the operation is for one day only, or on
the day following the conclusion of a series of
performances or exhibitions conducted or operated on more
than one day, or at such other reasonable time or times
as the director of finance shall determine.
(b) Before any temporary or transient amusement or
entertainment shall begin operation, and before any
license shall be issued therefor, if a license is
required, the person operating the same shall deposit
with the treasurer a sum of money, or in lieu thereof a
bond with corporate surety conditioned upon the faithful
compliance with this article and in form approved by the
city attorney, in an amount to be estimated by the
director of finance as sufficient to cover the admission
tax required to be collected by such person under the
provisions of this article, which money or bond shall be
security for the collection and payment to the city of
the admission tax. Upon the report being filed and
7
payment being made pursuant to this section, the city
treasurer shall refund the deposit, or surrender the
bond, as the case may be. Should any person fail to file
such report or pay such amount of tax collected within
five (5) days from the termination of the operation of
such amusement or entertainment, the director of finance
may thereupon assess such person with the tax computed on
the basis of the best information available to him and
proceed to collect the tax out of the deposit, or by
virtue of the bond, and by any other lawful means.
Sec. 32-226. Violations of article.
Any person violating or failing to comply with any of
the provisions of this article shall be guilty of a Class
1 misdemeanor. Conviction for such violation shall not
relieve any person from the payment, collection or
remittance of the tax provided in this article.
Sec. 32-227. Powers and duties of director of finance
under article.
It shall be the duty of the director of finance or his
designee to ascertain the name of every person operating
a place of amusement or entertainment in the city, liable
for the collection of the tax levied by this article, who
fails, refuses or neglects to collect the tax or to make,
within the time provided by this article, the reports or
remittances required herein. The director of finance and
his designee may have a summons or warrant of arrest
issued for such person, and may serve a copy of such
summons or execute such warrant upon such person in the
manner provided by law and shall make one return of the
original to the general district court of the city.
Police powers are hereby conferred upon the director of
finance and his designee while engaged in performing
their duties as such under the provisions of this section
and they shall exercise all the powers and authority of
police officers in performing such duties.
Article X. Transient Occupancy Tax.
Sec. 32-243. Report and remittance.
(a) The person collecting any tax levied by this
article shall make out a report, upon such forms and
setting forth such information as the director of finance
8
may prescribe and require, showing the amount of room
rental charges collected, and the tax required to be
collected, and shall sign and deliver the same to the
treasurer, with a remittance of the tax. Such reports
and remittances shall be made on or before the twentieth
day of each month covering the amount of tax collected
during the preceding month.
(b) Any person operating a hotel regularly throughout
the year may, upon written application to, and with the
written consent of, the director of finance, make reports
and remittances on a quarterly basis in lieu of the
monthly basis provided for in subsection (a) above. Such
quarterly reports and remittances shall be made on the
twentieth day of April, July, October and January in each
year, and shall cover the amounts collected during the
three (3) months immediately preceding the months in
which reports and remittances are required.
(c) If the remittance provided for in this section is
by check or money order, the same shall be payable to the
city and all remittances received hereunder by the
director of finance shall be promptly turned over to the
treasurer.
Sec. 32-244. Failure to collect~ report or remit.
(a) If any person shall fail or refuse to remit to the
treasurer the tax required to be collected and paid under
this article within the time and in the amount specified
in this article, there shall be added to such tax by the
director of finance interest at the maximum yearly rates
authorized by general law of the commonwealth, as
provided for in section 58.1-15, Code of Virginia (1950),
as amended, on the amount of the tax for each year or
portion thereof from the first day following the day upon
which the tax is due.
(b) If any person shall fail or refuse to collect the
tax levied by this article and to make, within the time
provided in this article, any report and remittance
required by this article, the director of finance shall
proceed in such manner as he may deem best to obtain
facts and information on which to base his estimate of
the tax due. As soon as the director of finance shall
procure such facts and information as he is able to
obtain upon which to base the assessment of any tax
payable by any person who has failed or refused to
collect the same and to make such report and remittance,
he shall proceed to determine and assess against such
person the tax and penalties provided for by this article
and shall notify such person by registered mail sent to
9
his last known place of address of the total amount of
such tax and interest and penalties, and the total amount
thereof shall be payable within ten (10) days from the
date of such notice.
Sec. 32-245. Records to be kept.
It shall be the duty of every person liable for the
collection and payment to the city of any tax imposed by
this article to keep and preserve, for a period of three
(3) years, such suitable records as may be necessary to
determine the amount of such tax, which records the
director of finance shall have the right to inspect at
all reasonable times.
Sec. 32-247. Violations of article.
Any person violating or failing to comply with any of
the provisions of this article shall be guilty of a Class
1 misdemeanor. Conviction of such violation shall not
relieve such person from the payment, collection or
remittance of the tax provided for in this article.
Sec. 32-248. Powers and duties of director of finance
under article.
It shall be the duty of the director of finance or his
designee to ascertain the name of every person operating
a hotel in the city, liable for the collection of the tax
levied by this article, who fails, refuses or neglects to
collect the tax or to make, within the time provided by
this article, the reports or remittances required herein.
The director of finance and his designee may have a
summons issued for such person, and may serve a copy of
such summons upon such person in the manner provided by
law and shall make one return of the original to the
general district court of the city. Police powers are
hereby conferred upon the director of finance and his
designee while engaged in performing their duties as such
under the provisions of this section and they shall
exercise all the powers and authority of police officers
in performing such duties.
Article XIII.
Special Tax on Consumers of Local Telephone Service.
10
Sec. 32-277. Duty of seller to collect, report and
remit; duties of local officials.
(a) It shall be the duty of every seller in acting as
the tax collecting medium or agency for the city to add
the amount of the tax imposed and levied by this article
to all periodic bills it renders to nonexempt purchasers
of local telephone service and to collect the tax imposed
and levied by this article for the use of the city from
purchasers at the time it collects charges for local
telephone service. The taxes collected during each
calendar month shall be reported by each seller
separately from any other local taxes being collected by
the seller on behalf of the city, on or before the
twentieth day of the calendar month thereafter, together
with the name and address of any purchaser who has
refused to pay the tax. The seller shall file such
report with and remit to the treasurer the taxes so
collected and reported. The report required by this
section shall be in the form prescribed by the director
of finance.
(b) The director of finance shall be charged with the
power and duty of collecting the tax levied and imposed
by this article and shall cause the same to be paid into
the general treasury of the city.
Sec. 32-278. Seller's records.
Each and every seller shall keep complete records
showing all purchases of local telephone service in the
city, which records shall show the price charged against
each purchase, the date thereof and the date of payment
thereof and the amount of tax imposed under this article.
Such records shall be kept at the seller's offices for a
period of three (3) years for inspection by the director
of finance of the city and his duly authorized agents at
reasonable times during normal business hours, and the
duly authorized agents of the city shall have the right,
power and authority to make transcripts or copies thereof
during such times as they may desire.
3. The Code of the City of Roanoke (1979), as amended, shall
be amended and reordained by the adding new Sec. 2-240, Monitoring
of franchise payments, new Sec. 32-177, Failure to remit, new Sec.
32-178, Monitoring tax Dayments, new Sec. 32-226.1, Penalty for
11
late remittance or false return, new Sec. 32-228, Monitoring tax
payments, new Sec. 32-247.1, Penalty for late remittance or falsp
return, new Sec. 32-249, Monitoring tax payments, and new Sec. 32-
282.1, Monitoring tax payments, to read and provide as follows:
CHAPTER 2. ADMINISTRATION.
Article XI. Director of Finance.
Sec. 2-240. Monitoring of franchise payments.
The director of finance shall monitor and oversee the
accuracy, timeliness and completeness of the payment of
franchise fees which shall be remitted to the treasurer.
The director of finance shall adopt and promulgate such
rules and regulations not inconsistent with the
provisions of this section as are deemed necessary for
the effective administration of this section.
CHAPTER 32. TAXATION.
Article VII. Tax on Purchase of Utility Services.
Sec. 32-177. Failure to remit.
If any person shall fail or refuse to remit to the
treasurer the tax required to be collected and paid under
this article, within the time and in the amount specified
in this article, there shall be added to such tax by the
director of finance a penalty of ten percent (10%) of the
amount of the tax.
Sec. 32-178. Monitorinq tax payments.
The director of finance shall monitor and oversee the
accuracy, timeliness and completeness of the payment of
taxes levied under this article to the city. The
director of finance shall adopt and promulgate such rules
and regulations not inconsistent with the provisions of
this article as deemed necessary for the effective
administration of this section.
12
Article IX. Admissions Tax.
Sec. 32-226.1. Penalty for late remittance or false
return.
If any seller whose duty it is to do so shall fail or
refuse to file any report required by this article or to
remit to the treasurer the tax required to be collected
and paid under this article within the time and in the
amount specified in this article, there shall be added to
such tax by the director of finance a penalty in the
amount of ten percent (10%) if the failure is not for
more than thirty (30) days, with an additional ten
percent (10%) of the total amount of tax owed for each
additional thirty (30) days or fraction thereof during
which the failure continues, not to exceed twenty-five
percent (25%) in the aggregate, with a minimum penalty of
two dollars ($2.00).
Sec. 32-228. Monitorinq tax Dayments.
The director of finance shall monitor and oversee the
accuracy, timeliness and completeness of the payment of
taxes levied under this article to the city. The
director of finance shall adopt and promulgate such rules
and regulations not inconsistent with the provisions of
this section as deemed necessary for the effective
administration of this section.
Article X. Transient Occupancy Tax.
§32-247.1. Penalty for late remittance or false return.
If any seller whose duty it is to do so shall fail or
refuse to file any report required by this article or to
remit to the treasurer the tax required to be collected
and paid under this article within the time and in the
amount specified in this article, there shall be added to
such tax by the director of finance a penalty in the
amount of ten percent (10%) if the failure is not for
more than thirty (30) days, with an additional ten
percent (10%) of the total amount of tax owed for each
additional thirty (30) days or fraction thereof during
which the failure continues, not to exceed twenty-five
13
percent (25%) in the aggregate, with a minimum penalty of
two dollars ($2.00).
Sec. 32-249. Monitoring tax Dayments.
The director of finance shall monitor and oversee the
accuracy, timeliness and completeness of the payment of
taxes levied under this article to the city. The
director of finance shall adopt and promulgate such rules
and regulations not inconsistent with the provisions of
this article as deemed necessary for the effective
administration of this section.
Article XIII.
Special Tax on Consumers of Local Telephone Servico.
Sec. 32-282.1. Monitorinq tax payments.
The director of finance shall monitor and oversee the
accuracy, timeliness and completeness of the payment of
taxes levied under this article to the city. The
director of finance shall adopt and promulgate such rules
and regulations not inconsistent with the provisions of
this article as deemed necessary for the effective
administration of this section.
4. This ordinance shall be in full force and effect on and
after July 1, 1992.
ATTEST:
City Clerk.
14
CITY OF ROANOKE
OFFICE OF THE CITYATTORNEY
464 MUNICIPAL EiUILDING
ROANOKE, 'vIRGINIA 24011-1595
WlLBURN C. DIBLING, JR.
CITY A'~'O RNEY
WILLIAM X PARSONS
MARK ALI. AN WILLIAMS
STEVEN J. TALEVI
KATHLEEN MARIE KRONAU
May 11, 1992
Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Miscellaneous taxes - authority for assessment
and collection
Dear Mrs. Bowles and Gentlemen:
In an effort to enhance the administration of various
miscellaneous taxes by the City, I have been requested by City
administration to make certain amendments to the City Code with
respect to the assessment and collection of various miscellaneous
local taxes, specifically, admissions, transient occupancy,
utility, E-911 telephone tax, and collection of franchise fees.
In order to accomplish the requested changes, I have prepared
the attached ordinance amending, repealing and adding certain
sections to the City Code relating to the above taxes. With
respect to the above taxes and franchise fees, the Code would be
amended as follows:
Authority for assessment and collection of the
above-referenced taxes and fees will be transferred
from the Commissioner of Revenue to the Director of
Finance. Responsibility for receiving remittance
of these taxes will become the responsibility of
the City Treasurer.
The criminal penalty for failure to report or pay
admissions or transient occupancy taxes would be
increased from a Class 3 misdemeanor to a Class 1
misdemeanor.
o
A section providing for payment of a penalty for a
late remittance or false return analogous to that
section in the prepared food and beverage tax would
also be added with respect to the admissions and
transient occupancy taxes.
Amendments would be made to the portions of the
Code relating to calculation of admissions tax in
order to clarify the method of calculation.
Honorable Mayor and Members
of City Council
May 11, 1992
Page 2
o
At the suggestion of the Municipal Auditor, the
Code would be amended to set a uniform payment date
for all the above taxes on the twentieth of the
month and to require the retention of records for
such taxes for a uniform three years.
Also as requested by the Municipal Auditor, in each
of the articles relating to the individual taxes, a
section would be added to impose a monitoring
requirement upon the Director of Finance.
Attached to this report is an ordinance effecting the above
changes for your review and consideration.
With my kindest personal regards, I am
Sincerely yours,
City Attorney
WCDj/KMK:sm
Attachment
cc:
W. Robert Herbert, City Manager
Gordon E. Peters, City Treasurer
Jerome S. Howard, Jr., Commissioner of Revenue
Joel M. Schlanger, Director of Finance
Robert H. Bird, Municipal Auditor
Mary F. Parker, City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of May, 1992.
No. 30992-051892.
AN ORDINANCE providing for the sale of a certain .055 acre
parcel of City owned property and the dedication to the Virginia
Department of Transportation of certain City owned right-of-way
located in the Beaverdam Reservoir Watershed upon certain terms and
conditions.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are hereby authorized
to execute and attest, respectively, in form approved by the City
Attorney, an appropriate quitclaim deed conveying to Malcom M.
Doubles, to be added to Grantee's adjacent property, a certain .055
acre parcel located in the City's Beaverdam Reservoir Property on
Jeter's Chapel Mountain Road (Route 635), Bedford Co., Virginia, in
the vicinity of Jeter's Chapel Union Church for the consideration
of $150.00, as more particularly set forth in the report from the
Water Resources Committee to this Council dated May 11, 1992.
2. The City Manager and the City Clerk are hereby authorized
to execute and attest, respectively, in form approved by the City
Attorney, an appropriate plat and other documentation dedicating a
new fifty (50) foot right-of-way needed by the Virginia Department
of Transportation to improve Route 635 through portions of the
Beaverdam Reservoir Property to provide for widening,
straightening, realigning and other improvements to the road, as
more particularly set forth in the report from the Water Resources
Committee to this Council dated May 11, 1992.
ATTEST:
City Clerk.
Roanoke, Virginia
May i1, 1992
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Encroachment and Road Right-of-Way Acquisition
on City-Owned Property - Jeter's Chapel Mountain
Beaverdam Reservoir & Watershed
The attached staff report was considered by the Water Resources
Committee at its meeting on May 4, 1992. The Committee reco~nends
that Council authorize the sale of an 0.055 acre parcel of City owned property
to Malcolm M. Doubles and the dedication of right-of-way needed by VDOT for
the improvement of Route 635, all in the Beaverdam Reservoir Watershed
property, in accordance with the conditions stated in the attached report.
ctfully submitted,
Elizabeth T. Bowles, Chairman
Water Resources Committee
ETB:KBK:afm
Attachment
cc:
City Manager
City Attorney
Director of Finance
Director of Utilities & Operations
Manager, Water Department
City Engineer
Wayne Agee, Engineer, VDOT, Bedford, VA
Patricia H. Quillen, ROW Acquisition Attorney, VDOT, Salem, VA
Malcolm M. Doubles
INTERDEPARTMENTAL COMMUNICATION
DATE:
TO:
FROM:
SUBJECT:
April 27, 1992
M.e.~e~.s, Water Resources Committee
Ki/~t ?. K~iser Di ' of Uti
· ' , 'r~ lities & Operations, thru
W. Robert HerbertV-Eity Manager
ENCROACHMENT AND ROAD RIGHT-OF-WAY ACQUISITION ON CITY-
OWNED PROPERTY
JETER'S CHAPEL MOUNTAIN
BEAVERDAM RESERVOIR & WATERSHED
II.
I. Background:
A. Reservoir and surrounding watershed lands have been owned
by the City for many years.
B. Jeter's Chapel Mountain Road (Route 635) meanders into
and out of the City's property at several locations.
Improvements to Route 635 by the Virginia Department of
Transportation (VDOT) have progressed in short increments
from Route 24 to near the City's property, a distance of
approximately 3.5 miles.
City Council granted an easement over the City-owned
property to provide a driveway entrance to private
property landlocked from access to Route 635 by the City
property, by Ordinance No. 26835, dated January 3, 1984.
Current Situation:
A.
Additional road right-of-way is needed by VDOT to extend
the improvements to Route 635 through the City's
property. Plans have been submitted and reviewed by the
City Water and Engineering Departments and found to be
acceptable.
Landlocked property, currently owned by Malcolm M.
Doubles and in the process of being sold to Jesse D.
Sorrells is affected by VDOT's right-of-way acquisition
for Route 635 and by the fact that a survey has shown an
assessory structure to be encroaching on the City's
property. Mr. Doubles has asked to purchase a 0.055 acre
triangular parcel of City property lying between his
property and the old right-of-way line of Route 635 for
$150.00. This building is also affected by the Bedford
County, Subdivision Ordinance as it violates setback
requirements.
Water Resources Committee Members
RE: Encroachment/Jeter's Chapel Mountain
April 27, 1992
Page 2
An agreement has been reached between Mr. Doubles, Mr.
Sorrells, VDOT and the Bedford County Subdivision Agent,
and that is acceptable to the Roanoke City staff, that
(also see attached letter and maps):
Mr. Doubles will purchase the 0.055 acre parcel
from the City for $150.00 and add it to his
property. This satisfies the County subdivision
requirements regarding encroachment and setback.
ii.
Mr. Doubles, upon acquisition of the City parcel,
will immediately donate a portion of the newly
combined properties needed for right-of-way for
Route 635 to VDOT.
iii.
Mr. Sorrells will then acquire the remainder of Mr.
Doubles' parcel.
Dedication of riqht-of-way needed by VDOT to improve
Route 635 through the City's property should proceed
concurrently with property adjustments regarding Mr.
Doubles' property (see maps attached).
III. Issues:
A. Need
B. Timinq
C. Income to City
D. Cost to City
E. Impact on Watershed
IV. Alternatives:
Committee recommend to City Council that it authorize the
City Manager and City Clerk to execute and attest
respectively:
a quitclaim deed in form approved by the City
Attorney selling, for $150.00, an 0.055 acre parcel
located on Jeter's Chapel Mountain Road (Route 635)
Bedford Co., Virginia, in the vicinity of Jeter's
Chapel Union Church to Malcolm M. Doubles to be
added to his adjacent property.
ii.
to execute a plat dedicating a new fifty (50) foot
right-of-way needed by VDOT to improve Route 635
through portions of the Beaverdam Reservoir
Property to provide for widening, straightening,
realigning and other improvements to the road.
Water Resources Committee Members
RE: Encroachment/Jeter's Chapel Mountain
April 27, 1992
Page 3
Need by Mr. Doubles for additional property to
eliminate subdivision violations and by VDOT
for new right-of-way for Route 635 is met.
Timinq to proceed quickly to permit Mr.
Doubles sale to be consummated and VDOT to
meet the earliest possible construction date
is met.
Income to City is $150.00 from property sale
to Mr. Doubles.
4. Cost to City is zero.
Impact on watershed is loss of some very
marginal land for road right-of-way and gain
of improved road access.
Committee not recommend to City Council that it authorize
the sale of an 0.055 acre parcel to Malcolm M. Doubles or
dedicate right-of-way to VDOT for the improvement of
Route 635:
Need by Mr. Doubles and VDOT for acquisition
of portions of City property not met.
2. Timinq to allow two petitioners to proceed
with their plans is disrupted.
3. Income to City is zero.
4. Cost to City is zero.
5. Impact on watershed is moot.
Recommendation: Committee recommend to City Council that it
recommend to City Council that it authorize the sale of an
0.055 acre parcel of City-owned property to Malcolm M.
Doubles and the dedication of right-of-way needed by VDOT for
the improvement of Route 635, all in the Beaverdam Reservoir
Watershed property, in accordance with Alternative "A".
KBK/RVH/fm
Water Resources Committee Members
RE: Encroachment/Jeter's Chapel Mountain
April 27, 1992
Page 4
Cc:
City Attorney
Director of Finance
Manager, Water Department
City Engineer
Wayne Agee, Engineer, VDOT, Bedford, VA
Patricia H. Quillen, ROW Acquisition Attorney, VDOT, Salem, VA
Malcolm M. Doubles, Assistant Commonwealth's Attorney
20" Poplor
id; ~ S SO° 00' l l,, ~
00' 77"
/4/
March 30, 1992
Richard V. Hamilton
Right of Way Agent
City of Roanoke
Municipal Building
215 Church Avenue, SW
Roanoke, Virginia 24016
RE: Encroachment on City-owned Property
Jeter~s Chapel Mountain
Dear Mr. Hamilton:
, ~ ~vl~a~rm una= ~:ne conrllc=lng ~nterests which
you noted have been resolved in a manner which we believe to be
that we proceed as follows: = reso£vlng =~e conflict and request
Malcolm Doubles would purchase the triangular parcel,
consisting of .055 acres, for $150.00 from the City of
Roanoke as previously offered. This is subject to
approval of the subdivision plat, a preliminary copy of
~ i._~t~ached, b~ the Bedford County Subdivision
~=nu. ~= is our unaerstanding that the surveyor is
being requested to make several revisions to the plat,
but ~h~t the plat is generally in compliance with the
subdlv~sion ordinance. A cody of the final plat vill be
forwarded to you as soon as ~t is completed. '
Upon transfer of title to the parcel, Doubles will
immediately convey (donate) that portion of the property
which is required for the right-of-way, as shown on the
copy of the plan sheet attached, to the Commonwealth of
Virginia.
3. The remainder of the parcel will be conveyed to the
Sorrells~ to remedy the encroachment problem.
4. In the meantime, VDOT can proceed with acquisition of the
remaining portions of City land which are required for
the road improvements.
Page Two
March 30, 1992
Please feel free to contact either of us
any questions or require further information.
cooperation and assistance.
if you should have
Thank you for your
Sincerely,
Pat Quillen
Right-of-Way Acquisition Attorney
VirginiaDepartment of Transportation
cc= Kit B. Kiser, Director of Utilities & Operations
Mark A. Williams, Assistant City Attorney
PROPERTY OF
CITY OF ROANOKE
DB 152 PG 374
2g.75!..-~.
FRAME
8U[LDING
.o55 \
ACRES
PROPERTY OF
JESSE DARELL &
JULIE ANN SORRELLS
ITO
RTE 24
LOCATION MAP
RTE X
~5
X
TO RTE 2,4
~ 4.6 MILES
THIS TRACT IS SHOWN AS BEING
ENTIRELY WITHIN ZONE C ON
F.E.M.A. MAPS WHICH ZONE tS
NOT WITHIN THE ~00 YEAR
FLOOD PLAIN.
THIS SURVEY WAS PERFORMED 'W~T~T THE BENEFIT
OF A TITLE REPORT BY AN ATTORNEy AND THEREFORE
MAY NOT NECESSARILY INOICATE ALL ENCUMBRANCES
UPON THE PROPERTY.
IP
SURVEY OF
PART OF
DB 152 PG 374
SHOWING A NEW DIVISION
TO BE CONVEYED TO
JESSE DARREL & JULIE ANN SORRELLS
BLUE RIDGE ~ISTRICT-BEDFORDCOUNTY.ViRGiNIA
SCALE ~'-20" MARCH II. 1992
CHARLES R. MCMURRY-CERTIFIED LAND SURVEYOR
DALEVILLE VIRGINIA 24083-0097
January 6, 1984
File %28-166-468B
Mr. David C. Hel$cher
Attorney
P. O. Box 2865
Roanoke, Virginia 24001
Dear Mr. Helscher:
I am enclosing copy of Ordinance No. 26835, providing for the
granting of an easement over City-owned property in the Falling
Creek/Beaver Dam Watershed area in Bedford County, upon certain
terms and conditions, which Ordinance was adopted by the Council
of the City of Roanoke on first reading on Tuesday, December 27,
1983, also adopted by the Council on second reading on Tuesday,
Januar~ 3, 1984, and will take effect ten days following the date
of its second reading.
Sincerely,
Mary F. Parker,
City Clerk
CMC
MFP:se
Enc.
cc:
Mr.
Mr.
Mr.
:,Ir.
Mr.
H. B. Ewert, City Manager
Kit B. Kiser, Director of Utilities and Operations
M. Craig Sluss, Manager, Water Production
Thomas F. Brady, Director of Public Works
Richard B. Burrow, City Engineer
Richard V. Hamilton, Right-of-Way Agent
Wilburn C. Dibling, Jr., City Attorney
Joel M. Schlanger, Director of Finance
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 3rd day of January, 1984.
No. 26835.
VIRGINIA,
AN ORDINANCE providing for the granting of an easement over
City-owned property in the Falling Creek/Beaver Dam Watershed
area in Bedford County, upon certain terms and conditions.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The offer of Mr. and Mrs. McClamary to purchase an
easement approximately 20 feet wide and 49 feet long across the
Falling Creek/Beaver D~m Watershed property as more specifically
shown on a plat prepared by T. P. Parker & Son, dated November 14,
1983, a copy of which is on file in the Office of the City Clerk,
to provide a driveway entrance to a 4.395-ac~e tract for the
consideration of $100.00 is hereby ACCEPTED.
2. The legal documentation and all other costs incident
to the recording of the easement shall be paid by Mr. and Mrs.
McClamary and such documentation shall be in form approved by
the CiTy Attorney.
3. The Mayor and the City Clerk are authorized to execute
on behalf of the City and to seal and attest, respectively, the
City's deed of easement as described above to Mr. and Mrs. McClamary.
Upon receipt of the $100.00
be authorized to tender the
easement fee, the City Attorney shall
deed of easement.
ATTEST: __~
City Clerk.
T. pARKER
L~aO SORYE¥OR
CERTIFICATE NO.
1078
SURVEY FOR
aY: T.Ia, laARKER & SON I
ENGINEERS & SURVEYORS , LTD. o&rs: .,u/~'~./~