HomeMy WebLinkAboutCouncil Actions 06-01-92HARVEY
(31033)
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
June 1, 1992
2:00 p.m.
AGENDA FOR THE COUNCIL
Call to Order Roll Call. All Present.
The Invocation was delivered by Council Member F. liT~beth T.
Bowles.
The Pledge of Allegiance to the Flag of the United Statea of America
was led by Mayor Noel C. Taylor.
CONSENT AGENDA
(APPROVED 7-0)
AIJ. MATI'ERS LISTF. D UNDER THE CONSENT AGENDA ARE
CONSIDERED TO BE ROUTINE BY THE MAYOR AND MEMBERS OF
CITY COUNCIL AND WII.I. BE ENACTF~D BY ONE MOTION IN THE
FORM, OR FORMS, LI.qTF. D BF. I OW. THE. RE WILL BE NO
SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS
DESIRED, THE ITEM WILL BE REMOVF. D FROM THE CONSENT
AGENDA AND CONSIDERED SEPARATE~I.y.
C-1
A report of the City Manager requesting an Executive Session to
discuss the use of real property for public purpose, specifically potential
amendment to the Member Use Agreement for the Smith Gap Landfill in
Roanoke County and Transfer Station in Roanoke City, pursuant to Section
2.1-344 (A) (3), Code of Virginia (1950), as amended.
RECOMMENDED ACTION:
Concur in request for Council to convene in
Executive Session to discuss the use of real
property for public purpose, specifically
potential amendment to the Member Use
Agreement for the Smith Gap Landfill in
Roanoke County and Transfer Station in
Roanoke City, pursuant to Section 2.1-344
(A) (3), Code of Virginia (1950), as
amended.
C-2
A report of the City Manager in response to a request of Ms. Paula
Vandegriff, President, Madison Middle School P.T.A., regarding watering of
landscaped areas at the school during the summer months.
RECOMMENDED ACTION: Receive and file.
C-3
A list of items pending from July 10, 1978, through May 26, 1992.
RECOMMENDED ACTION: Receive and file.
A request of the City Attorney for an Executive Session to discuss a
matter of actual litigation being a lawsuit filed by the City of Roanoke in the
Circuit Court, pursuant to Section 2.1-?.~. (A)(7), Code of Virginia (1950),
as amended.
An oral request of the City Manager for an Executive Session to
discuss a legal mnuer being a gOlll/'d~tslnl claiin in th~ Circuit Court on behalf
of City residents on advice of legal counsel, puts-ant to Section 2.1-?.~.
(A)(7), Code of Virginia (1950), as amended.
REGULAR AGENDA
3. HEARING OF CITIZF. NS UPON PUBLIC MATI'ERS:
Request to address Council with regard to the Frisbee Golf Course at
Fishburn Park. Ms. Tatiana McGuire, Spokesperson.
4. PETITIONS AND COMMUNICATIONS: None.
5. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
A report recommending appropriation of $489,547.00 in Title
II-B Implementation Strategy funding, with an increase in the
revenue estimate, and a decrease in the appropriation and
revenue estimate of Title II-A funding, for the Fifth District
Employment and Training Consortium.
Adopted Budget Ordinance No. 31033-060192. (7-0)
o
A report recommending execution of Change Order No. 3 to the
contract with Mattern and Craig, Inc., in the amount of
$2,078.00, to provide engineering services necessary to re-route
the storm drain around a contaminated soil area, in connection
with construction of the Statesman Industrial Park Engineering
Bond Issue Stormwater Management Project; and transfer of
funds therefor.
Adopted Budget Ordinance No. 31034-060192. (7-0)
DIRECTOR OF FINANCE:
Adopted Budget Ordinance No. 31035-060192 appropriating an
additional $5,800.00 for acoustical enclosure removal in the orchestra
pit in the Roanoke Civic Center Auditorium. (7-0)
6. REPORTS OF COMMITTEES : None.
7. UNFINISHED BUSINESS: None.
8.INTRODUCTION AND CONSIDERATION
ORDINANCES AND RESOLUTIONS: None.
9. MOTIONS AND MISCELLANEOUS BUSINESS:
ao
OF
Inquiries and/or comments by the Mayor and Members of City
Council.
Vacancies on various authorities, boards, commissions and committees
appointed by Council.
10. OTHF. R HF. ARINGS OF CITIZF. NS:
CERTIFICATION OF EXECUTIVE SESSION. (7-0)
Reappointed Loretta B. Williams to the Youth Services Citizen Board.
Adopted Resolution No. 31036-060192 accepting an offe~ of compromi~
settlement relating to an action filed by the City to enforce various provisions
in the zoning and subdivision ordinances and in the building and plumbing
codes. (7-0)
4
'92 2?
Roanoke, Virginia
June 1, 1992
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
I request an Executive Session to discuss the use of real property for
public purpose, specifically potential amendment to the Member Dse Agreement
for the Smith Gap Landfill in Roanoke County and Transfer Station in Roanoke
City, in accordance with Section 2.1-344(A)(3) of the Code of Virginia (1950),
as emended.
WRH:KBK:afm
cc: City Attorney
Director of Finance
Director of Utilities & Operations
Respectfully submitted,
W. Robert Herbert
City Manager
Roanoke, Virginia
June 1, 1992
The Honorable Noel C. Taylor
and Members of Roanoke City Council
Roanoke, Virginia
SUBJECT:
Mrs. Vandegriff's request regardimg the
m---~r watering of Madis~ Sch~l
l~.dscaping
Dear Mayor and Members of Council:
During the May 4, 1992, meeting of the Roanoke City Council, Mrs. Paula
Vandegriff, Madison Middle School PTA President, addressed Council. Mrs.
Vandegriff requested that the Parks and Recreation Department water, during
the summer months, the landscaping soon to be installed around the school's
sign.
The issue was referred to the City Manager.
Parks and Recreation Manager Gary Fenton discussed the issue with
Director of School Plants Carroll Swain, who expressed surprise that the
request had been made of Council rather than of him. Since the Madison
landscaping project was on school grounds, Mr. Swain stated that his staff
would address any summertime watering needs. (See attachment.)
W. Robert Herbert
City Manager
WRH/hw
Attachment
cc: City Attorney
Director of Finance
Roanoke City Public Schools
Division of Business Affairs
P.O. Box 13105
Roanoke, VA 24031
May 26, 1992
Mr. W. Robert Herbert
City Manager
215 Church Avenue
Roanoke, VA 24011
Dear Mr. Herbert:
Recently Gary Fenton drew it too my attention that City Council had
received a request from the Madison Middle School PTA in regard to
watering some school landscaping this summer.
I am unsure why the group approached City Council regarding this
matter, considering that the landscaping is on school property.
However, school staff is both capable of and willing to take on
this task during the summer months, and it will therefore be
unnecessary for any City employees to address it.
Sincerely, .~ ~
~rrerc°~olr~fS~ca~onol Plants
Pending Items from July 10, 1978 through May 26, 1992
Referral Date
Referred To
Item
7/10/78
2/11/91
City Manager
Architectural Review
Board
Mayor's 1978 State of the City
Recommendation No. 11
(Development of a hotel on
Mill Mountain.)
Request to review Section
36.1-345(b) of the City Code
and after conducting a public
hearing on the matter, to submit
a report and recommendation to
Council with regard to
clarification of the language
contained therein.
5/13/91
City Manager
Request to investigate the
feasibility of retaining a
consultant to review areas of
joint cooperation where the City
and the school system could
combine activities in an effort to
save money.
5/28/91
City Manager
A communication from Council
Member David A. Bowers
requesting consideration of a
proposal to allow a real estate
property tax rebate for
developers or homeowners who
build single family residences
on inner-city vacant lots.
Pending Items from July 10, 1978 through May 26, 1992
Referral Date
Referred To
Item
8/12/91
City Manager
Mayor's 1991 State of the City
Recommendation No. 3 to
establish a committee to report
back to Council before the end
of the year as to whether the
Roanoke area has adequate
facilities and support to compete
in an even greater way in the
area of attracting amateur
sporting events to the Roanoke
Valley.
8/12/91
City Manager
Director of Finance
Mayor's 1991 State of the City
Recommendation No. 4 that the
necessary steps be taken to reduce
the real estate tax rate from
$1.25 per $100.00 of assessed
value to $1.20 per $100.00 of
assessed value during the next
five years.
8/12/91
City Manager
City Attorney
Remarks of Mr. Ted H. Key,
Director of the Northwest
Revitalization Corporation, with
regard to consideration of a
measure prohibiting the owners
of motels or other living
facilities from renting rooms to
the general public when other
portions of the same facility are
being used by prisoners on
work release, parole or half-
way house.
2
Pending Items from July 10, 1978 through May 26, 1992
Referral Date
Referred To
Item
9/23/91
1992-93 Budget Study
Matter regarding holiday
seasonal outlining of City-
owned buildings.
2/3/92
City Manager
City Attorney
Request of Mr. William P.
Vinyard, Jr., for relocation of
the boundary line between the
City of Roanoke, the Town of
Vinton and the County of
Roanoke, in order to allow the
City portion of a parcel of land
owned by Mr. Vinyard to be
combined with adjoining lots in
the Town of Vinton.
2/3/92
2/10/92
3/16/92
Roanoke City School
Board
City Attomey
City Manager
Matter of possession of firearms
on school property.
Request to study the matter of
regulating the sale of "look-
alike" weapons.
Remarks of William W. Jones
with regard to noise and illegal
parking activities in connection
with a race car owned by a
resident adjacent to his
residence at 2904 Bradley
Street, N. E.
3
Pending Items from July 10, 1978 through May 26, 1992
Referral Date Referred To Item
4~6~92
4/13/92
5/11/92
5/11/92
City Manager
City Attorney
City Manager
City Attomey
William White, Sr.,
Chairperson
William F. Clark
Kit B. Kiser
William White, Sr.,
Chairperson
William F. Clark
Kit B. Kiser
Request to schedule a public
hearing on the continued
inclusion of the H-2,
Neighborhood Preservation
District, in the City's Zoning
Ordinance, and how application
as to maintenance and repairs
will be restricted, if such
District is to continued.
Matter of establishing a Special
Service District for the
Williamson Road area, and
negotiating a contract to be
entered into by the City and the
Williamson Road Area Business
Association setting forth the
terms and conditions of the
Special Service District.
Bids for Contract I, culvert
replacement and charmelization,
Peters Creek Flood Reduction
Project.
Bids for Contract II, clearing
and snagging, Peters Creek
Flood Reduction Project.
4
Pending Items from July 10, 1978 through May 26, 1992
Referral Date
Referred To
5/11/92 City Manager
Item
Request to provide a cost
breakdown per $1,000.00
increments on elderly or
disabled property owners
claiming real property tax-
exempt status.
5/26/92
Chairman, Economic
Development
Commission
City Manager
Proposal of Mayor-Elect
David A. Bowers with regard to
holding a Roanoke Economic
Summitt on July 1, 1992.
CITY OF ROANOKE
OFFICE OF THE CITYATTORNEY
464 MUNICIPAL BUILDING
ROANOKE, 'VIRGINIA 24011.1595
WILBURN C. DIBLING, JR.
CITY ATi'O RN EY
June 1, 1992
WILLIAM X PARSONS
MARK ALLAN WILLIAMS
STEVEN J. TALEVI
KATHLEEN MARIE KRONAU
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Request for Executive Session
Dear Mrs. Bowles and Gentlemen:
This is to request that City Council convene in Executive
Session, pursuant to ~2.1-344(A)(7), Code of Virginia (1950), as
amended, to discuss a matter of actual litigation being a lawsuit
filed by the City of Roanoke in the Circuit Court for the City of
Roanoke
Very truly yours,
Wilburn C. Dibling, Jr.
City Attorney
WCDj:shm
cc: Mary F. Parker, City Clerk
Wilburn C. Dibling, Jr., City Attorney
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, $.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2~41
SANDRA H. EAKIN
Deputy City Clerk
June 9, 1992
File #60-246
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 31033-060192 amending and reordaining certain
sections of the 1991-92 Consortium Fund Appropriations, providing for appropriation
of $489,547.00 in Title II-B Implementation Strategy funding, and further providing
for a decrease of $13,408.00 in appropriation and revenue estimate for the Fifth
District Employment and Training Consortium. Ordinance No. 31033-060192 was
adopted by the Council of the City of Roanoke at a regular meeting held on Monday,
June 1, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
pc:
Mr. W. Robert Herbert, City Manager
Mr. James D. Ritchie, Director, Human Development
Ms. Carolyn H. Barrett, Administrator, Fifth District Employment and
Training Consortium, 310 Campbell Avenue, S. W., Roanoke, Virginia 24016
Mr. Barry L. Key, Manager, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINI~
The 1st day of June, 1992.
No. 31033-060192.
AN ORDINANCE to amend and reordain certain sections of
the 1991-92 Consortium Fund Appropriations, and providing for an
emergency.
WHEREAS, for the usual daily operation of the Municipal
Government of the city of Roanoke, an emergency
exist.
Roanoke
is declared to
Appropriations, be,
reordained to read as
THEREFORE, BE IT ORDAINED by the Council of the City of
that certain sections of the 1991-92 Consortium Fund
and the same are hereby, amended and
follows, in part:
Appropriations
Fifth District Employment & Training Consortium -
FY92 (1-16) ......................................
$ 2,062,507
Revenue
Fifth District Employment & Training Consortium -
FY92 (17-20) .....................................
$ 2,062,507
1) Wages
2) Fringes
3) Travel
4) Communications
5) Supplies
6) Summer Youth
Institute
7) Wages
8) Fringes
9) Travel
10) Communications
11) Supplies
(034-054-9265-8010) $ 77,500
(034-054-9265-8011) 15,338
(034-054-9265-8012) 225
(034-054-9265-8013) 500
(034-054-9265-8015) 750
(034-054-9265-8446) 600
(034-054-9265-8050) 25,461
(034-054-9265-8051) 2,917
(034-054-9265-8052) 1,200
(034-054-9265-8053) 1,000
(034-054-9265-8055) 1,300
12) Training -
Summer Youth
Institute
13) Funding
Authority
14) Wages
15) Wages
16) Funding
Authority
17) Title II-B
Administrative
18) Title II-B
Program
19) Title II-A
Administrative
20) Title II-A
Program
(034-054-9265-8472) $ 3,400
(034-054-9265-9990) 359,356
(034-054-9261-8350) ( 2,011}
(034-054-9261-8030) ( 6,081)
(034-054-9261-9990) ( 5,316)
(034-034-1234-9278) 94,913
(034-034-1234-9279) 394,634
(034-034-1234-9260) ( 2,011)
(034-034-1234-9261) (11,397)
BE IT FURTHER ORDAINED that, an emergency existing,
Ordinance shall be in effect from its passage.
ATTEST:
this
City Clerk.
Honorable Mayor and City Council
Roanoke, Virginia
June 1, 1992
Roanoke, Virginia
Members of Council:
Ponding for the Fifth
District Employment and
Training Co~sortitm~
Fifth District Employment and Trainin~ Consorti~n (FDETC) submitted
its Fiscal Year 1992 Title II-B Impler~ntation Strategy to the
Governor's Employment and Training Departmmnt (GETD).
1. Planned programs include job related education, classroom
training, job placement activities, and remedial education.
FDETC has also received notification frc~ the t~-ro regarding a
c-~e in the II-A funding due to an error in their calculation of
the availability of excess funds.
City of Roanoke is the grant recipient for Consortitm~ funding. City
Council must appropriate the funding for all grants the Consorti~n
receives.
II. CURRENT SITUATION
GE/l) has sent to the Consorti~n, Notice of Award (NOA) #92-03-06 in
]~-mnount of $69,034.00 in carry-over funds for the Title II-B
progr~n and $4,000.00 for funding of the Simmer Youth Institute.
t~'ro has sent to the Consortitm~, Notice of Awsrd (NOA) ~93-03-07 In
~-mnount of $416,513.00 for the Title II~B program.
t~fl'D has sent the Consorti~n a letter stating that the excess funds
awarded to the FDETC were decreased by $13,408.01 due to an error in
their calculati~---~-f the award.
III. ISSUES
A. Program Operations
D. Clients
me
Appropriate the Consorti~n's II-B funding of $489~547.00 end
increase the revenue estimate by $489~547.00 in accosts to be
established by the Director of Finance. Decrease the appropriation
end revenue estimate of Title II-A by $13~408.01 in existing
accounts.
Program Operation - Pl~=~ed programs will be implemented end
now programs will be initiated by the Consortium's Policy Board
and Private Industry Council Consortium staffing levels will
be maintained.
me
Pundin8 - Increased funding is available from the grantor
agency at no cost to the city.
3. Timing - Inmediate action will allow programs to be implemented
and completed in planned t~m~ frmnes.
e
Clients - Allows for continued enrollments into training
ac~ies.
Do not appropriate the Consortitun's II-B funding of $489,547.00 and
increase the revenue estimate by $489,547.00 in accounts to be
established by the Director of Finance. Do not decrease the
appropriation end revenue estimate of Title II-A by $13,408.01 in
existin8 accounts.
Program Operation- Planned and additional progrmns to serve
participents would be curtailed. Consortium staffing would be
reduced.
2. Fundir~- Not a factor.
3. Timir~- Delay will cause underexpenditure of available funds.
4. Clients - Will cause agency to limit client services.
V. RECC~MENDATION
$~rove Alternative A: Appropriate the Consorti~a's II-B fundin~ of
9~547.00 and increase the revenue estimate by$489~547.00 in accounts
robe established by the Director of Finance. Decrease the appropriation
end revenue estimate of Title II-Aby $13~408.01 in existin~ accounts.
WRH/JDR/lr
cc: Director of Finance
City Attorney
Respectfully submitted,
W. Robert Herbert
City Manager
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2~11
Telephone: (703) 981-2~41
June 9, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #60-27-207
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 31034-060192 amending and reordaining certain
sections of the 1991-92 Capital Fund Appropriations, providing for the transfer of
$2,078.00, in connection with issuance of Change Order No. 3 to the City's contract
with Mattern & Craig, Inc., for engineering services which are necessary to re-route
the storm drain around a contaminated soil area, to be accomplished as a part of the
Statesman Industrial Park Engineering Bond Issue Stormwater Management Project.
Ordinance No. 31034-060192 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, June 1, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
pc:
Mr. Stewart W. Hubbell, Vice President, Mattern & Craig, Inc., Consulting
Engineers, 701 First Street, S. W., Roanoke, Virginia 24011
Mr. W. Robert Herbert, City Manager
Mr. William F. Ciark, Director, Public Works
Mr. Charles M. Huffine, City Engineer
Ms. Sarah E. Fitton, Construction Cost Technician
Mr. Barry L. Key, Manager, Office of Management and Budget
Ms. Dolores C. Daniels, Assistant to the City Manager for Community
Relations
IN THE COUNCIL OF THE CITY O1~ ROANOKE, VIRGINIA
The 1st day of June, 1992.
No. 31034-060192.
AN ORDINANCE to amend and reordain
1991-92 Capital Fund Appropriations,
emergency.
certain sections of the
and providing for an
WHEREAS, for the usual daily operation of the Municipal
Government of the City of Roanoke, an emergency is declared to
exist.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that certain sections of the 1991-92 Capital Fund
Appropriations, be, and the same are hereby, amended and
reordained to read as follows, in part:
Sanitation
Statesman Industrial Park Storm Drain (1) .........
Capital Improvement Reserve ''
Public Improvement Bonds - Series 1992 (2) ..........
$ 2,242,240
489,063
6,773,894
6,311,937
1) Appropriations
from Bond Funds
2) Storm Drains
(008-050-9679-9001) $ 2,078
(008-052-9700-9176) (2,078)
BE IT FURTHER ORDAINED that, an emergency existing,
Ordinance shall be in effect from its passage.
ATTEST:
this
City Clerk.
Roanoke, Virginia
June 1, 1992
Honorable Mayor & Members
of City Council
Roanoke, Virginia
Dear Members of Council:
SUBJECT:
CHANGE ORDER NUMBER 3
STATESMAN INDUSTRIAL PARK, ENGINEERING
BOND ISSUE STORMWATER MANAGEMENT PROJECT
I. Background:
City Council authorized the acquisition of six (6)
parcels of land for the purpose of project construction
at their regular meeting of September 23, 1991, and
appropriated $150,000.00 for that purpose.
City Council approved Change Order Number 1 at their
regular meeting of November 18, 1991, in the amount of
$16,985.00. This change order consisted of
investigations and alternatives in the design of the
Statesman Park Detention Basin in anticipation of
compliance with the new Federal Clean Water Act.
Change Order Number 2 was approved by City Council to
provide for environmental assessments for the parcels of
land previously approved for purchase. These were five
parcels at $2,000.00 per parcel for a total of
$10~000.00.
II. Current Situation:
ae
Environmental Assessments have called to the City's
attention that an area of oil contamination of the soil
in an area of undetermined size exists on-line of the
proposed storm drain to the retention basin. Soil
penetration is unknown at the present time without
further analysis and extensive core drilling. Affected
interest holders and State Water Control Board have been
notified.
Be
Total Cost of removing the contaminated soil and hauling
it to the nearest certified disposal area is unkown at
this time.
Honorable Mayor & Members
of City Council
Change Order No. 3/Statesman Industrial Park
Page 2
Chanqe Order Number 3 is for the engineering necessary to
re-route the storm drain around the contaminated area.
This additional engineering will be performed by Mattern
& Craig, Inc., our current consultant engineer for this
project.
Enqineering Costs for re-routing the storm drain are
small due to the fact that minor editing of the previous
environmental assessments was required and the necessary
engineering was confined to a small area. The total cost
of Chanqe Order No. 3 will be $2,078.00.
III. Issues in order of importance:
A. Potential Liability for environmental
B. Project Budqet
C. Cost of Extra Services
D. Fundinq
cleanup.
IV. Alternatives:
aJ
Authorize the City Manager to execute Change Order No. 3
to the current project with Mattern & Craig, Inc., in the
amount of $2,078.00.
1. Potential Liability for environmental cleanup will
be properly addressed.
2. Pro~ect Budqet will not be significantly affected by
this work.
3. Cost of Extra Services is at a very minimum of
$2~078.00 and is acceptable.
Honorable Mayor & Members
of City Council
Change Order No. 3/Statesman Industrial
Page 3
Park
4. Fundinq ls available in the Public Improvements
Bonds Storm Drains 1992, Account Number
008-052-9700-9176.
Do not authorize the implementation of Change Order No.
3 with Mattern & Craig, Inc., for the sum of $2,078.00.
Potential Liability for environmental cleanup will
remain an unknown factor with the possibility of
absorbing excessive cleanup costs.
2. Project Budqet will not be affected unless
environmental problems become the burden of the
City.
3. Cost for Extra Services will not be an issue.
4. Fundinq will not be expended at this time.
V. Recommendation:
A. Authorize the City Manager to execute Change Order No. 3
in accordance with the breakdown as follows:
Original Contract Amount $310,000.00
Change Order No. 1 (Approved) 16,985.00
Change Order No. 2 (Approved) 10,000.00
New Change Order No. 3 2t078.00
Contract Amount After Change Orders $339,063.00
Authorize the Director of Finance to transfer $2t078.00
from Public Improvement Bonds, Storm Drains 1992, Account
Number 008-052-9700-9176 to Statesman Industrial Park
Storm Drain Account Number 008-052-9656-9001.
Sincerely,
WRH/ES/fm
W. Robert Herbert
City Manager
Honorable Mayor & Members
of City Council
Change Order No. 3/Statesman Industrial Park
Page 4
cc:
City Attorney
Director of Finance
Director of Public Works
Director of Public Facilities
City Engineer
Assistant to the City Manager for Consumer Relations
Construction Cost Technician
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
Deputy City Clerk
June 9, 1992
File #60-192
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 31035-060192 amending and reordaining certain
sections of the 1991-92 Civic Center Fund Appropriations, providing for the transfer
of $5,800.00 from Industrial Risk Insurance to Appropriation from Third Party -
Acoustical Enclosure Removal, in connection with acoustical enclosure removal in the
orchestra pit in the Roanoke Civic Center Auditorium. Ordinance No. 31035-060192
was adopted by the Council of the City of Roanoke at a regular meeting held on
Monday, June 1, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Eno.
pc:
Mr. W. Robert Herbert, City Manager
Mr. Kit B. Kiser, Director, Utilities and Operations
Mr. Bob E. Chapman, Manager, Civic Center Facilities
AN
1991-92
emergency.
WHEREAS,
Government of
exist.
IN THE COUNCIL OF THE CITY OF RO~OKEv VIRGINIA
The 1st day of June, 1992.
No. 31035-060192.
ORDINANCE to amend and reordain certain sections of the
Civic Center Fund Appropriations, and providing for an
for the usual daily operation of the Municipal
the City of Roanoke, an emergency is declared to
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that certain sections of the 1991-92 Civic Center Fund
Appropriations, be, and the same are hereby, amended and
reordained to read as follows, in part:
APpropriations
Capital Outlay from Revenue
Acoustical Enclosure Removal
(1) ....................
$1,201,743
95,800
Revenue
Accounts Receivable - Industrial Risk Insurance (2).
1) Appropriation from
Third Party (005-050-8635-9004) $ 5,800
2) Industrial Risk
Insurance (005-1118) (5,800)
$ 85,619
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from 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: (-~1981-2541
SANDRA H. EAK1N
Deputy City Clerk
June 9, 1992
File #51-252-64
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 31036-060192 accepting an offer of compromise
settlement relating to an action filed by the City to enforce various provisions in the
zoning and subdivision ordinances and in the building and plumbing codes, such
offer being set forth in an Agreement under date of May 18, 1992. Resolution No.
31036-060192 was adopted by the Council of the City of Roanoke at a regular meeting
held on Monday, June 1, 1992.
Sincerely
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. Ronald H. Miller, Buliding Commissioner/Zoning Administrator
Mr. John R. Marlles, Chief, Community Planning
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 1st day of June, 1992.
No. 31036-060192.
VIRGINIA,
A RESOLUTION accepting an offer of compromise settlement
relating to an action filed by the City to enforce various
provisions in the zoning and subdivision ordinances and in the
building and plumbing codes.
BE IT RESOLVED by the Council of the City of Roanoke that the
City Attorney be, and he is hereby authorized and empowered to
accept an offer of compromise settlement relating to an action
filed by the City to enforce various provisions in the zoning and
subdivision ordinances and in the building and plumbing codes, such
offer being set forth in an Agreement, dated May 18, 1992, a copy
of which is on file in the Office of the City Clerk; further, the
City Attorney is empowered to execute, or have executed, on behalf
of the City all documents referred to in said Agreement, including
an Order, dismissing City of Roanoke v. Alouf and McCullouqh, with
prejudice.
ATTEST:
City Clerk.
FULL AND FINAL HUTUAL RELEASE AND SETTLEMENT AGREEMENT
THIS MUTUAL RELEASE AND SETTLEMENT AGREEMENT (hereinafter
"Agreement',), hereby entered into this 18th day of May, 1992, by
and between the City of Roanoke, a Municipal Corporation,
(hereinafter "the City"), Raymond T. Alouf (hereinafter
"Alouf"), Douglas L. McCullough (hereinafter "McCullough,,),
Windward Associates, a Virginia Limited Partnership, by Alouf
and McCullough, (hereinafter "Windward,,), general partners, and
the Windward Condominium Unit Owners Association, Inc., a
Virginia Corporation (hereinafter "Association,,).
RECITALS
1. The City, as a municipal
Commonwealth of Virginia, is charged
corporation of the
concerning the development of property within the City of
Roanoke. Said authority and responsibility includes the
enactment and enforcement of building code regulations,
subdivision
responsibility to enact and enforce ordinances and regulations
regulations and zoning regulations.
2. Windward, a Virginia Limited Partnership, of which
Alouf and McCullough are general partners, constructed and
developed a condominium project within the City of Roanoke known
as Windward Condominiums.
3. The Association is comprised of all unit owners at
Windward Condominiums and is vested with authority to manage the
condominium project on behalf of all of the unit owners and to
D1 and regulate the maintenance and repair of the common
with authority and
5TERHQUDT, FER;USDN,
~IATL AHERON & ABEE
ATTDRNEySoAT-LAW
elements as a whole.
4. The Association has a claim against Windward,
McCullough and Alouf with respect to the construction of the
condominium project which claim is the same as raised by the
City in its Second Amended Bill of Complaint.
5. The City has heretofore filed a Second Amended Bill of
Complaint in Chancery Matter 90-419 in the Circuit Court of the
City of Roanoke alleging, among other things, that Windward,
Alouf and McCullough, developed the Windward Condominium project
in violation of the City Building Code, Subdivision Ordinance,
and Zoning Ordinance.
6. The allegations of the City and the responses of
Windward, Alouf and McCullough, and the evidence adduced-~ in
support of their respective positions, are clearly set forth in
the record; provided, however, that certain evidence sought to
be introduced by Windward was refused by the Court.
7. The City, Windward, Alouf, McCullough and the
Association have now compromised and settled all matters in
controversy between them.
8. The City, Windward, Alouf, McCullough and the
Association desire to enter into an Agreement to release each
other from any and all obligations incurred by any of them to
any of the other parties at any time in the past and up to the
date of this Agreement arising out of the alleged violations
specified in the Second Amended Bill of Complaint filed on
behalf of the City of Roanoke.
2
AGREEMENT
IN CONSIDERATION of the mutual representations, promises
~nd COvenants set forth in this Agreement, and for other good
and Valuable consideration, the receipt and adequacy of which
are hereby acknowledged, and intending to be legally bound, the
City, Windward, Alouf, McCullough and the Association hereby
agree as follows:
1. The Recitals set forth above are hereby incorporated by
reference as if fully set out herein.
2. Windward, Alouf and McCullough will cause to be paid to
the Association, within three days after approval of the City
Council of the City of Roanoke of this Release and Settlement
Agreement on
, 1992, and the endorsement of a
final Dismissal Order herein by all counsel of record, the sum
of $94,000.00 in certified funds. The payment of said funds
shall further be conditioned upon the following:
A. The execution of this Settlement Agreement.
B. The City of Roanoke shall pay all of its costs
incurred in the proceeding.
C. Neither the City nor the Association shall endorse or
encourage or, except pursuant to legal process
initiated by others, participate in any action brought
by any individual Owner or resident at Windward
Condominiums against Windward, McCullough or Alouf
arising out of any of the matters involved in the
litigation filed by the City of Roanoke.
D. The City, its agents, officers or employees shall not
schedule and hold a press conference, or issue a
written press release, relating to the terms of this
Agreement.
3. This Mutual Release and Settlement Agreement is further
conditioned upon the following:
A. In order to permit the Association to make certain
changes or corrections to the existing stormwater
drainage system in Phase III of the condominium
project (hereinafter "improvements',), the Association
or its agents may request appropriate waivers from the
City from or with respect to applicable regulations
governing the design and/or construction of the
condominium project with funds provided pursuant to
the terms of this Agreement. The City Administration
will grant such waivers, as allowed by law, provided
that:
(i) all requests for waivers are supported by
appropriate calculations and other data
acceptable to the City and its engineers;
(ii) only such improvements shown on plans prepared
by, or otherwise adopted by, and submitted by the
(iii)
Association shall be considered by
the granting of such waivers;
such waiver will not prejudice
the City for
the general
public's health, safety and welfare.,,
B. The City shall place no conditions or requirements on
the Association as to how it expends the funds
provided pursuant to the terms of this Agreement.
The City and the Association, for itself and insofar as
permitted by law and the condominium documents, for its
individual, members, do hereby release Windward, Alouf and
McCullough from any and all liabilities, debts, claims and/or
causes of action asserted in the case pending in the City of
Roanoke (Chancery No. 90-419) styled City of Roanoke v. Raymond
T. Alouf and Douglas L. McCullough, t/a Windward Associates, a
Virginia Limited Partnership, and/or actions arising with
respect to the aforesaid case or construction of the condominium
project insofar as the same relates to the matters raised in the
aforesaid litigation.
5. Windward, Alouf and McCullough do hereby release the
City and the Association from any and all liabilities, claims,
debts, and/or causes of action arising with respect to the
aforesaid case or to the administration, management, and
construction of the condominium project.
6. The Association, for itself, and insofar as is
permitted by law and the condominium documents, for its
individual members, does hereby release the City, its agents,
employees and officers, from any and all liabilities, claims,
debts and/or causes of action arising out of or otherwise
relating to the aforesaid case, or to the performance of
5
governmental or proprietary duties involved with the
administration, management, planning, design or construction of
Phase III of the condominium project.
7. The City hereby authorizes its attorneys to endorse a
Final Order dismissing said pending litigation with prejudice.
8. The payment of funds hereunder shall not be deemed to
be an admission on Windward, McCullough or Alouf's part of any
liability in these proceedings nor shall it be deemed to be an
admission that the Windward project did not comply with the City
of Roanoke Building Code, Subdivision Ordinance or Zoning
Ordinance.
9. The City, Windward, Alouf, McCullough and the
Association hereby agree that, upon the request of any party,
they shall execute any and all documents, contracts or pleadings
necessary to effectuate and finalize the terms of the settlement
set forth herein.
10. The Zoning Administrator for the City of Roanoke,
simultaneously with the execution of this Agreement by the City,
shall sign the letter required by Section 55-79.74(c) (1) of the
Code of Virginia addressed to the principal elected officer of
the condominium unit owners association, advising that the city
is not aware of any outstanding violations of applicable
building codes, local ordinances or other deficiencies of record
other than those alleged in the City's Second Amended Bill of
Complaint filed in the Circuit Court of the City of Roanoke as
hereinabove set out.
6
the
11. The following events shall simultaneously occur with
execution of this Agreement:
A. The Dismissal Order shall be endorsed by all counsel
13.
construed
Virginia.
14.
of record and
Windward.
The $94,000.00
shall be delivered to counsel for
in certified funds shall be delivered
to the Association.
C. The letter provided for in Paragraph 10 shall be
signed by the Zoning Administrator of the City of
Roanoke and delivered to counsel for the Association
with a copy to counsel for Windward.
D. The Dismissal Order shall be entered by the Court.
12. This Agreement contains the entire understanding and
agreement among the parties with respect to the subject matter
hereof. No amendment or waiver of any of the terms, provisions
or conditions of this Agreement shall be effective unless the
same shall be reduced to writing and executed by the parties.
This Agreement shall be governed by and shall be
in accordance with the laws of the Commonwealth of
This Agreement may be executed by the parties in any
number of counter parts, each of which shall be deemed to be an
original document, but all of which taken together shall
constitute one and the same agreement.
15. The parties acknowledge and agree that each has been
given the opportunity to independently review this Agreement
with legal Counsel, and agree to the particular language of the
provisions hereof.
16. Each of the persons executing this Agreement hereby
represents and warrants that he is authorized to enter into this
Agreement on behalf of the party he purports to represent, the
appropriate authorization or other resolutions having been
passed and obtained and that this Agreement shall be the legal,
valid and binding obligation of said party.
17. In the event any party hereto shall Commence legal
proceedings against another to enforce the terms hereof, or to
declare rights hereunder, as a result of a breach of any
provisions of this Agreement, the prevailing party in any such
proceeding shall be entitled to recover from the losing party,
its costs of suit, including reasonable attorney,s fees, as may
be fixed by the Court.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be duly executed and delivered as of the day and
year first hereinabove written.
CITY OF ROANOKE
By
WINDWARD ASSOCIATES
L. ~cC%ALLOUGH
8
STATE OF :
COUNTY OR CITY OF
The foregoing
_ day of
instrument
My Commission expires
WINDWARD CONDOMINIUM UNIT
OWNERS ASSOCIATION, INC.
was acknowledged before me this
, 19 , by
of the City of Roanoke, Virginia.
STATE OF~Q~ :
COUNTY eR CITY OF~O.~~
The foregoing instrument
NOTARY PUBLIC
)
to-wit:
)
was acknowledged
before
me this
~ day of ~~, 19_~_~_, by ~k~t6.~ ~.
M0. ~(~ , ~of Windward Associates.
My Commission expires ,~k~%c~ ~\~ Iqqq
NOTAR%{
STATE OF~:
COUNTY ~" OF~%6 ~C~yr,,9
~ CITY
The foregoing instrument
D.q day of ~
to-wit:
was acknowledged before me this
, 19 ~'~ , by Raymond T. Alouf.
My Commission expires
STATE OF _i~_ ~o_. :
COUNTY OR CiTY OF~c~
)
) to-wit:
)
The foregoing instrument was acknowledged before me this
day of . ~C~\ , 19q~. by Douglas L.
McCullough.
My Commission expires~ ~05f~9_ ~l~q~l
~ NOTA/~/ PUBLIC
STATE OF ~: )
OR CiTY OF ~~__I to-wit:
The foregoing instrument was acknowledg~ b~o~ me this
/O~ day of
.~-~ ~. F~/TL/.~ '~~2~ of Windward Condominium Unit
Owners Association, Inc..
My Commission expires
agr.n21.p
10