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HomeMy WebLinkAboutCouncil Actions 04-12-93MCCADDEN 31404 REGULAR WEEKLY SESSION ROANOKE CFFY COUNCIL April 12, 1993 7:30 p.m. AGENDA FOR THE COUNCIL Call to Order Roll Call. All Present. The Invocation was delivered by The Reverend James P. Be, aW, Pastor, Bethel A.M.E. Church. The Pledge of Allegiance to the Flag of the United States of America was led by Boy Scout Troop No. 2, Raleigh Court Presbyterian Church. Selection of persons to be accorded the public interview for the position of School Board Trustee, said interviews to be held on Thursday, April 29, 1993, at 6:00 p.m., in the City Council Chamber. Applicants are: Paul E. Corn, Charles W. Day, H. Joel Kelly, Finn D. Pincus and Patricia W. Witten. AH five applicants were selected to receive the interview. Bo PUBLIC HEARINGS Public hearing on the request of Berglund Chevrolet, Inc., that a 50 foot portion of Maddock Avenue, N. W., lying between Official Tax Nos. 3080817 and 3080906, be permanently vacated, discontinued and closed. Daniel F. Layman, Jr., Attorney. Adopted Ordinance No. 31404 on first reading. (7-0) Public heating on the request of the Williamson Road Area Business Association for establishment of a Special Service District in the Williamson Road area. Charles E. Overstreet, President, Williamson Road Area Business Association, Spokesperson. The matter was referred to the City Manager and the City Attorney for review and negotiation of an agreement between the City of Roanoke and the V~Fdliam~n Road Area Business Association, said report to be submitted to Council within a period of one month. CONSENT AGENDA C-1 (APPROVED 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROIJTINE BY THE MAYOR AND MEMBERS OF CITY COIJNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM, OR FORMS, LISTED BEI.OW. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Minutes of the joint meeting of Council and the Roanoke City School Board held on Monday, January 4, 1993; and the regular meetings of Council held on Monday, January 4, 1993, Monday, January 11, 1993, and Monday, January 25, 1993. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. 2 C-2 A communication from Mayor David A. Bowers requesting an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1- 344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. C-3 A communication from Mayor David A. Bowers requesting an Executive Session for the purpose of discussion and consideration of a special award to be made by City Council to a deserving citizen, pursuant to Section 2.1-344 (A)(10), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session for the purpose of discussion and consideration of a special award to be made by City Council to a deserving citizen, pursuant to Section 2.1- 344 (A)(10), Code of Virginia (1950), as amended. C-4 Qualification of Keith A. Johnson as a member of the Roanoke Neighborhood Partnership Steering Committee for a term of three years, ending November 8, 1995. RECOMMENDED ACTION: Receive and file. A report of the City Manager requesting that Council schedule a public hearing to consider proposed amendments to the Gainsboro Redevelopment Plan on Monday, April 26, 1993, at 2:00 p.m., or as soon thereafter as the matter may be heard. REGULAR AGENDA HEARING OF CITIZF. NS UI~N PUBLIC MATFERS: None. 4. PETITIONS AND COMMUNICATIONS: None. 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: 1. A report with regard to fire lane parking violations. The City Attorney was requested to prepare the proper measure imposing a $50.00 fine for fire lane parking violations. ITEMS RECOMMENDED FOR ACTION: A report recommending an amendment to the City Code to provide for "short listing" of three or more offerors to be interviewed by a selection committee in the process of procurement of professional services. Adopted Ordinance No. 31405-041293. (7-0) A report recommending execution of an amendment to the City's agreement with the Virginia Department of Transportation for administration of the Wells Avenue Project by the City of Roanoke. Adopted Ordinance No. 31406-041293. (7-0) o A report recommending acceptance of the lowest responsible bids received by the City for furnishing trucks and related equipment. Adopted Resolution No. 31407-041293. (6-0, Mayor Bowers abstained from voling.) A report recommending acceptance of the bid submitted by Southern Ambulance Builders, in the amount of $38,750.00, to furnish one new ambulance in connection with providing emergency medical services for the citizens of the City of Roanoke. Adopted Resolution No. 31408-041293. (7--0) A report recommending appropriation of reallocated funds from the Governor's Employment and Training Department, totalling $105,000.00, for Title II-B, Title III and Title III-40%, to the Fifth District Employment and Training Consortium. Adopted Budget Ordinance No. 31409-041293. (7-0) A report recommending acceptance of additional funds, in the amount of $26,416.00, from the U. S. Department of Justice, Forfeited Property Sharing Program; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 31410-041293. (7-0) A report recommending approval of Change Order No. 2 to the City's engineering services contract with Mattern & Craig, Inc., and their consultant, Alvord, Burdick and Howson, in the amount of $48,100.00, for design of a Zebra Mussel Control Facility in connection with Carvins Cove Filter Plant Improvements, Phase I. Adopted Resolution No. 31411-041293. (7--0) 5 o A report recommending execution of a Memorandum of Agreement between the Virginia Tech Real Estate Foundation, the Virginia Department of Historic Resources, the National Advisory Council on Historic Preservation, and the City of Roanoke, in order to address certain historic preservation issues of the Hotel Roanoke renovation. Adopted Resolution No. 31412-041293. (7-0) 10. A report with regard to the Hotel Roanoke and Conference Center Project. b. CITY ATTORNEY: A report with regard to the request of Mr. and Mrs. James L. Cross that a 672 foot section of Barns Avenue, N. W., extending in an easterly direction from an existing barricade at Peters Creek Road, N. W., be permanently vacated, discontinued and closed. Adopted Ordinance No. 31413 on first reading. (5-2, Council Members McCadden and Musser voted no.) A report transmitting a final copy of Senate Bill 582, which was enacted by the 1993 Session of the General Assembly and signed by the Governor on March 28, 1993, approving the City of Roanoke's Charter amendments. Received and filed. 6. REPORTS OF COMMrrTEES: None. 7. UNFINISItF D BUSINESS: None. ge INTRODUCTION AND CONSIDERATION ORDINANCES AND RESOLUTIONS: None. OF 9. MOTIONS AND MISCEIJ.ANEOUS BUSINESS: Inquiries and/or comments by the Mayor and Members of City Council. bo Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTI-1F.R HEARINGS OF CITIZF. NS: Ms. Evelyn D. Bethel, President, Historic Gainsboro, Inc., expressed concern that Gainsboro residents did not know about a proposed survey of housing needs in the area until an article was published in the Roanoke Times and World-News on Sunday, April 11, 1993. CERTIFICATION OF EXECUTIVE SESSION. (7-0) Appointed David D. Guerrero to the Roanoke Arts Commission. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telel~hone: (703) 981-2~41 April 15, 1993 SANDRA H. EAKIN Deputy City Clerk File #51-79-165-169 Mr. W. Robert Herbert City Manager Roanoke, Virginia Mr. Wilburn C. Dibling, Jr. City Attornsy Roanoke, Virginia Gentlemen: On Monday, April 12, 1993, a public hearing was held by the Council of the City of Roanoke on a request of the Wflliamson Road Area Business Association for establishment of a Special Service District in the WilHamson Road area. On motion, duly seconded and unanimously adopted, the matter was referred to you for review and negotiation of an agreement between the City of Roanoke and the Williamson Road Area Business Association, said report to be submitted to Council within a period of one month. Mary F. Parker, CMC/AAE City Clerk MFP: sm po: Mr. Charles E. Overstreet, President, Williamson Road Area Business Association, P. O. Box 5892, Roanoke, Virginia 24012 Ms. Sherry L. Basham, President, Williamson Road Action Forum, Inc., P. O. Box 5064, Roanoke, Virginia 24012 Mr. Joseph B. Wright, President, Downtown Roanoke, Inc., 310 First Street, S. W., Roanoke, Virginia 24011 Mr. Franklin D. Kimbrough, III, Executive Director, Downtown Roanoke, Inc., 310 First Street, S. W., Roanoke, Virginia 24011 Mr. Brian J. Wishneff, Chief, Economic Development Mr. E. Douglas Chittum, Economic Development Specialist OFFICERS AND DIRECTORS JOSEPH B. WRIGHT Carillon Heallh System Presidenl DOUGLAS C WATERS RESOLUTION WHEREAS, Downtown Roanoke Incorporated is charged with enhancing the economic climate in the downtown area, securing changes to the downtown environment, recruiting new businesses and investment and promoting a positive image for the downtown area, its businesses, and its activities; and WHEREAS, The City of Roanoke established the downtown service district in 1986 as a stable funding source to assist Downtown Roanoke Incorporated in its overall downtown management and economic development efforts; and WHEREAS, the establishment of a stable funding source for the ongoing downtown management, promotion, and marketing effort has resulted in the creation of a substantial number of new jobs, the creation of a more positive image, the preservation of property values, and the introduction of scores of new businesses to the downtown area since.early 1987; and WHEREAS, the Williamson Road Business Area Association now desires to establish a similar type of special assessment district for commercial properties bordering Williamson Road between Orange Avenue and Hershberger Road; NOW, THEREFORE BE IT RESOLVED that Downtown Roanoke Incorporated supports and encourages the efforts of the property owners and business owners along Williamson Road who collectively desire to provide additional services and additional promotion for their commercial area through the establishment of a special assessment district. Oatc~ h B. ~/right President DOWNTOWN ROANOKE, INCORPORATED 310 FIRST STREET, S.W · ROANOKE, VIRGINIA 24011 (703) 342-2028 · FAX (703) 344-1452 April 6, 1993 To: Member's of Roanoke City Council Roanoke, Virginia The Williamson Road Action Forum goes on record supporting the proposed Special Service District, along the Williamson Road corridor, being requested by the Williamson Road Area Business Association at the Roanoke City Council Meeting on April 12, 1993. Sherry Basham President 1st Vice President r.:lT Y r April 12, 1993 '93 ^PR-8 ¢,8:36 The Honorable Mayor and Members of City Council Re: Public Hearing on Williamson Road Special Service District Dear Mrs. Bowles and Gentlemen: In the event Council elects not to reject the proposed Williamson Road Special Service District after public hearing, we hereby request that the proposal be referred to the City Manager and the City Attorney for negotiation of a contract between the City and the Williamson Road Area Business Association and consideration of legal issues including the expenditure of tax revenues and the proposed exemption of single family and multi-unit apartment structures. Thank you for your consideration of this request. Very truly yours, W. Robert Herbert City Manager wilburn C. Dibling, Jr. City Attorney WRH/WCD:kmk cc: Charles E. Overstreet, President, Williamson Road Area Business Association E. Douglas Chittum, Economic Development Specialist A PROPO~L ~ PETrOl/ I~_~PE~TULLY KOl~41'l-n~a~ ~ ROANOKE CITY COUNCIL BY WT~.?.?~I~SON ROAD AREA BUSINESS ASSOCIATION MARCH 18, 1993 PROPOSAL ON BEHALF OF ITS GENERAL MEMBERSHIP, The Board of Directors of the WILLIAMSON ROAD AREA BUSINESS ASSOCIATION, INC. (hereinafter referred to as WRABA) hereby respectfully petitions the members of ROANOKE CITY COUNCIL~ 1. To authorize the establishment of a special service dietrict, subject to Section 15.! - 18.3 of the Code of Virginia to be known as the WILLIAMSON ROAD SERVICE DISTRICT for the purpose of providing to the Wt!lt~-mon Road area "additional or more complete services of government than are desired in the city as a whole." Boundaries of said district shall be as shown on the accompanying map and shall represent the area subject to a spechal tax assessment and entitled to receive benefits thereof. 2. To assess an additional tax of .1% (10 cents per $100.00) of assessed valuation over and above the current rate of $1.25 per $100.00 on all taxable real property within the boundaries of the newly created service district, exempting, however, those single family properties within the shown district presently in use as residences, and those multi-unit apartment structures wherein the property owner is a resident, for as long as they remain as such. 3. To designate WRABA as its agent in receiving funds and carrying out certain functions, subject to an approved workplan, necessary to provide such services. BOUNDARIES The area for consideration begins at the intersection of Orange Avenue and Wtl!i~r~son Road and extends north on Wtl]~amson Road to the Roanoke City limits at Nehns Lane. Within these boundaries 106 property owners have signed endorsements supporting the estsbliehment of the Service District. BENEFITS The Wllllamson Road Service District will benefit participating property owners and the City of Roanoke in several waym 1. By promoting business on Wllllamson Road with a focus on a cleaner, more tidy and attractive physical environment, property values will be enhanced, and business traffic will be increased. 2. A stronger business organization (WRABA) will enable businesses to address common concerns and to achieve results, resulting in a more successful business environment. 3. Promoting Wllllamson Road as a more cohesive commerciel corridor will help to reshape the ~mage of Wflllamson Road, leading to increased commercial activity, lot inflll development, and a higher commercial and real property tax base for the City of Roanoke. WRABA The WILLIAMSON ROAD AREA BUSINESS ASSOCIATION, INC. is a non-profit business association orgal%ized as a 501(c)6 ~ exempt corporation as defined by the Internal Revenue Service. Those eligible for membership are, 1. Persons who own and/or operate area businesses. 2. Representatives of area churches or schools. 3. Those persons who manifest an interest in the association and its objectives. 4. A liaison member from the Wlilismson Road Action Forum. Address, WRABA P.O. BOX 5892 Roanoke, VA 24012 President, Charles Overstreet FIRST YEAR SERVICE DISTRICT PROJECTS Funds generated by the establishment of the Service District will be used: 1. To purchase and, in cooperation with the City of Roanoke, seasonally install HOLIDAY DECORATIONS for the Christmas business season. Decorations inventory will increase year by year as outlined in the work plan. 2. To purchase and install attractive sidewalk trash receptacles with common advertising panels "Wtllta-tson Road, The Valiey's Main Streeti# These receptacles will be serviced by the City of Roanoke refuse coliection department. 3. To engage an Executive Director for WRABA. 4. To complete the Breckenridge Middle School landscaping project. 5. To embark on a promotional advertising campaign, with a focus on yearly events with a common benefit to businesses in the Service District. 6. To institute a weed eradication and control program uttlizing chemically bonded and licensed professionals to control and eradicate weeds between property lines, under signs, at sidewalk edges, and etc. Respec~/u.l%y subn~d, Charles Overs~ee~ President M~ch 18. 1993 Page 2 DESCRIPTION OF PROPOSED WILLIAMSON ROAD SERVIC~',I~ISTRICT --'; ,/~ Prepared by Office of City Engineer April 12, 1993 East side of Williamson Road: from north right of way of Orange Avenue, north to the north corporate limits line near the intersection of Hildebrand Road. Beginning in the center of Williamson Road at the intersection of the north right of way of Orange Avenue; thence easterly along the north right of way of Orange Avenue to the easterly property line of Tax No. 3020203; thence with the east property line of Tax No. 3020203, 256.70 feet; thence, with the north line of Tax No. 3020203, 137.93 feet; thence with the west property line of Tax No. 3020203, 40.41 feet to the southeast corner of Lot 12, Block "T", Williamson Groves Map; thence with the south line of Lots 11 and 12 to the common corner of Lots 11 and 7; thence with the rear of Lots 7, 8, 9, and 10, Block "T", Williamson Groves Map to the center of Pocahontas Avenue; thence easterly with Pocahontas Avenue to the easterly line of Lot 6, Block "U", Williamson Groves Map; thence with the easterly line of Lot 6, 74.56 feet; thence with the rear of Lots 5 and 6 in a westerly direction 80.00 feet to a point; thence with the easterly property line of Tax No. 3070807, 221.56 feet to the center of Compton Street; thence with the center of Compton Street in a westerly direction approximately 100.5 feet; thence leaving Compton Street and in a northerly direction with the east property line of Tax No. 3070701 and 3070702 to a point on the south line of Lot 9, Block 1, Map of Oakland; thence with the south line of Lot 9, in a westerly direction 25.0 feet to the corner of Lot 9 and Lot 2-A; thence in a northerly direction along the easterly line of Lots 2-A, 3, 4, 5, and 6, Block 1, Map of Oakland to the center of Wayne Street; thence leaving the center of Wayne Street in a northerly direction and with the rear line of Lots 1 thru 9, Block 2, Map of Oakland to Thurston Avenue; thence crossing Thurston Avenue and continuing with the rear lines of Lots 1 thru 6, Block 3, Map of Oakland, to the common corner of Lot 6 and 15; thence with the line between Lot 15 and 16, in an easterly direction to the center of Wayne Street; thence northerly with the center of Wayne Street approximately 175.0 to its intersection with Noble Avenue; thence westerly with Noble Avenue approximately 225.0 feet; thence leaving Noble Avenue in a northerly direction and with the rear lot lines of Lots 1, 2, 3, 4, 5, 6, and 7, Block 4, Oakland Corporation Map, to the center of Forest Hill Avenue; thence easterly with the center of Forest Hill Avenue approximately 75.0 feet; thence leaving Forest Hill Avenue in a northerly direction and with the rear of Tax No. 3091003 and Lots 1, 2, and 3, of the Oyler Map, to the center of Laconia Avenue; thence leaving Laconia Avenue northerly with the rear of Lots 1, 2, 3, 4, 6, 7, 8, and 9, Block 1, Map of Avendale, to the common rear corner of Lots 9 and 10; thence with the common line of Lot 9 and 10 northerly to the center of Avendale Avenue; thence with the center of Avendale Avenue westerly approximately 225.0 feet; thence leaving Avendale Avenue in a northerly direction with the rear line of Lots 1, 2, 3, 4, and 30, Block 2, Map of Avendale, to the common rear corner of Lot 29 and 30; thence with the common line of Lots 29 and 30, northerly to the center of Courtney Avenue; thence leaving Courtney Avenue in a northerly direction with the center of an alley and the rear of Lots 1 thru 11, Map of Courtney Square, to the center of Liberty Road; thence with the center of Liberty Road easterly to the intersection of Edison Street; thence northerly with the center of Edison Street approximately 275.0 feet to the southerly line of Lot 6-D, Block 1, Liberty Land Company Map, extended; thence with the southerly line of said Lot 6-D to its rear terminus at the southeast corner of Lot 6-F; thence with the rear property line of Lots 6-F and 6-E to the northwest corner of Lot 6-A; thence with the northerly line of Lot 6-A, easterly to the center of Edison Street; thence northerly with Edison Street 300.0 feet; thence leaving Edison Street, and in a westerly direction with the southerly line of Tax No. 3100935; thence northerly with the rear of Tax No. 3100235, 3100028 and 3100927, to a point on the southerly boundary line of Tax No. 3100920; thence with the southerly boundary line of Tax No. 3100920 easterly to the center of Edison Street; thence northerly with Edison Street approximately 130.0 feet to the southerly boundary line of Lot 2-B, of the Newman Map extended; thence leaving Edison Street and with the southerly line of Lot 2-B, Newman Map; to the common corner of Lot 2-A and 2-B; thence with said common line northerly 112.0 feet; thence with the north line of Lot 2-B in an easterly direction to the center of Edison Street; thence with the center of Edison Street north 88.0 feet; thence leaving Edison Street and the rear lot line of Lot 1-C and l-D, Newman Map, to the common rear corner of Lots 1-B and l-C; thence with the common line of Lots l-A, l-B, and 1-C northerly to the center of Fugate Road; thence easterly with Fugate Road approximately 70.0 feet to the westerly line of Tax No. 3101008 extended; thence leaving Fugate Road and with the westerly line of Tax No. 3101008; thence along the rear line of Tax No. 3101008 easterly 100.0 feet to a point on the westerly line of Lot 3, Block 3, Liberty Land Company; thence with the westerly line of Lot 3 northerly 65.53 feet; thence leaving the westerly line of Lot 3, and with the south line of Tax No. 3101028, 246.92 feet; thence, with the westerly line of Tax No. 3101028 northerly for 62.34 feet; thence with the north line of Tax No. 3101028 easterly 58.02 feet; thence with the east line of Tax No. 3101001 north 125.72 feet to a point on the south line of Lot 2, Block 1, Upson Addition; thence with the south line of Lot 2, east to the common corner to Lot 2 and Lot 3; thence north with said co~on line 180.0 feet to the southwest corner of Lot 6, Collier, Sigmon and Minton Map; thence with the rear lines of Lots 3, 4, 5, and 6, to the common corner of Lots 1 and 3; thence with the common line of Lots 1, 2, and 3 north to the center of Wildhurst Avenue; thence with the center of 2 Wildhurst Avenue to a point at the southwest corner of Tax No. 3160149; thence along the westerly side and northerly lot line of Tax No. 3160149 to a point on the west line of Lot 3, Block 4, Map of Upson Addition; thence northerly with the west line of Lot 3, 180.0 feet to a point on the south line of Oakland Elementary School; thence with the southern line of Oakland Elementary School in an easterly direction to the east line of Oakland School, Tax No. 3160105; thence north with the east line of Tax No. 3160105, 208.73 feet; thence west with the north line of Tax No. 3160105, 154.47 feet; thence leaving the north line of Tax No. 3160105 and with the east line of Tax No. 3160150, 3160103, 3160102, and 3160101 to the center of Huntington Boulevard; thence leaving Huntington Boulevard and in a northerly direction with the rear lot line of Lots 6, 5, 4, and 3, Block 1, Map of Huntington Court, to a point, said point being the southwest corner of Tax No. 3170109, Lots 2, 3, and 8; thence with the southerly line of a portion of Tax No. 3170109, 115.0 feet to a point; thence with the easterly line of Tax No. 3170109 to the center of Oakland Boulevard; thence westerly with Oakland Boulevard approximately 150.0 feet; thence leaving Oakland Boulevard and with the easterly line of Lots 1 thru 7, Block 1, Map of William Fleming Court to the common corner of Lots 7, 8, and 14; thence easterly with the southerly line of Lots 14 thru 22 to a common corner between Lots 22 and 23; thence with the common line between Lots 22 and 23 northerly to the center of Pioneer Road; thence westerly with Pioneer Road approximately 140.0 feet; thence leaving Pioneer Road and with the common line of Lots 31 and 32, Block 2, Map of William Fleming Court; thence with the north line of Lots 32, 33, and 34 to the common corner of Lots 6 and 7; thence with the easterly line of Lots 7 thru 12, to the center of Crockett Avenue; thence leaving Crockett Avenue and northerly with the easterly line of Lots 1 thru 12, Block 3, Map of William Fleming Court to the center of Angell Avenue; thence easterly with Angell Avenue approximately 225.0 feet; thence leaving Angell Avenue and with.the easterly line of Lot 23-A and 22-B, Block 4, Map of William Fleming Court, to the center of Wentworth Avenue; thence leaving Wentworth Avenue northerly with the easterly line of Lot 23-A and 22-B, Block 5, Map of William Fleming Court to the center of Fleming Avenue; thence, westerly with Fleming Avenue approximately 425.0 feet to the east right of way line of Williamson Road; thence with the east right of way line of Wllliamson Road, north to the intersection of Trinkle Avenue; thence, easterly with Trinkle Avenue approximately 430.0 feet; thence leaving Trinkle Avenue and with the easterly line of Lots 24 and 25, Block 8, Map of William Fleming Court; thence crossing the end of Christian Avenue and with the easterly line of Lots 24 and 25, Block 9, Map of William Fleming Court to the center of Preston Avenue; thence leaving Preston Avenue northerly with the easterly line of Lots 24 and 25, Block 10, Map of William Fleming Court to the center of Barkley Avenue; thence west with the center of Barkley Avenue approximately 200.0 feet; thence leaving Barkley Avenue in a northerly direction with the common line of Lots 35 and 36, Block 11, Map of William Fleming Court; thence with the south line of Lots 20 thru 27 easterly 200.0 feet to the southeast corner 3 of Lot 27; thence with the east line of Lot 27 northerly to the center of Frontier Road; thence leaving Frontier Road and the common line of Lot 5 and 6, Block 1, Map of Yardley Square, north to the center of Yardley Drive; thence with the center of Yardley Drive west approximately 50.0 feet; thence leaving Yardley Drive and with the common line of Lots 4 and 5, Block 2, Map of Yardley Square, north to the rear corner of Lots 4 and 5; thence easterly with the rear line of Lots 3 and 4 to the common corner of Lots 2 and 3, Block 2, Map of Yardley Square, and Lots 4 and 5, Map of Mountain Scenery; thence with the common line of Lot 4 and 5, Map of Mountain Scenery, north to the center of Maplelawn Avenue; thence leaving Maplelawn Avenue, northerly with the easterly line of Lot 34, Map of Mountain Scenery, and with the westerly line of Lot 1, Map of Moomaw Lands to the center of Oaklawn Avenue; thence westerly with Oaklawn Avenue approximately 150.0 feet, thence leaving Oaklawn Avenue northerly with the easterly line of Lots 1 and 2, Block 1, Pace Map, to the common corner of Lots 2, 3, and 5; thence easterly with the southern line of Lot 5, 50.0 feet, to the southwest common corner of Tax No. 2170205; thence with a line northerly through Lot 5 and the easterly line of Tax No. 2170205 to the center of Birchlawn Avenue; thence easterly with Birchlawn Avenue to the intersection of Lanford Street; thence northerly with the center of Lanford Street to a point on its terminus on the property line between Tax No. 2170143 and 2170139; thence with the westerly line of Tax No. 2170139 and 2170142, northerly to the center of Hershberger Road; thence westerly with Hershberger Road approximately 215.00 feet; thence leaving Hershberger Road northerly with the lot line between Lots 18 and 19, Block 2, Map of Airlee Court, to a point on the southerly line of Lot 6, Block 2, Map of Airlee Court; thence, with the southerly line of Lot 6, westerly 47.0 feet to the southwest corner of Lot 6; thence, with the westerly line of Lot 6, northerly to the center of Curtis Avenue; thence, easterly with Curtis Avenue approximately 130.0 feet; thence leaving Curtis Avenue, northerly with the easterly line of Lots 1, 2, 3, 4, 5, 7, and 8, Block 5, Map of Airlee Court, to the center of Woodbury Street; thence with the center of Woodbury Street to the intersection of Whitney Avenue; thence easterly with the center of Whitney Avenue approximately 260.0 feet; thence leaving Whitney Avenue, northerly with the line between Lots 15 and 16, Block 8, Map of Airlee Court; thence, with the south line of Lots 5 thru 9, Block 8, Map of Airlee Court, to a point on the west line of Tax No. 2200220; thence with the west line of Tax No. 2200220 to the southwest corner of said tax number, said corner also being the northwest corner of Lot 41, Block 4, Map of Church Court; thence with the rear line of Lots 34 thru 41, Block 4, Map of Church Court, easterly to the center of a 20 foot alley; thence northeasterly with the centerline of said 20 foot alley, crossing Hildebrand Road and continuing with said 20 foot alley to the west line of Tax No. 2200202; thence with the west line of Tax No. 2200202 to a point on the 1949 corporation line of the City of Roanoke and the northeast corner of Tax No. 2200228; thence with the 1949 corporation line westerly to the center of Williamson Road; thence with the center of Williamson Road in a southern direction approximately 9,500 feet to the beginning and shall include the following tax parcels: (City of Roanoke) (City of Roanoke) (City of Roanoke) 3020202 3020203 3020204 3020205 3020206 3020207 3020209 3070904 3070906 3070908 3070801 3070802 3070807 3070808 3070701 3070702 3070703 3070704 3070705 3070706 3070707 3110101 3110103 3110104 3110105 3110106 3110107 3110108 3110110 3110123 3110201 3110203 3110206 3110207 3110208 3110209 3110217 3110219 (Church) (Church) (Residential, Excluded) 3081001 3081003 1031004 3081005 3081007 3091001 3091003 3090901 3090902 3090903 3090920 3090921 3090601 3090602 3090603 3090617 3090301 3100901 3100902 3100903 3100937 3100906 3100911 3100938X 3100917X 3100918 3100932 3100919 3100920 3100936 3100921 3100922 3100923 3100924 3101001 3101002 3101003 3101004 3101005 3101006 3101007 3160201 3160206 3160101 3160102 3160103 3160104 3160105 3160150 3160127 3160128 3170101 3170102 3170103 3170104 place of (Residential, Excluded) (Residential, Excluded) (Residential, Excluded) (Church) (Church) (City of Roanoke) (City of Roanoke) (City of Roanoke) (City of Roanoke) 5 3170105 3170106 3170108 3170109 2090101 2090102 2090105 2090109 2090201 2090202 2090203 2090204 2090205 2090206 2090215 2090301 2090302 2090303 2090304 2090305 2090401 2090403 2090404 2090405 2090406 2090407 2090408 2090409 2090410 2090411 2090412 2090413 2090426 2090501 2090502 2090503 2090505 2090506 2090507 2090508 2090509 2090510 2090511 2090513 2090514 2090515 2100101 2100104 2100105 2100106 2100107 (Residential, Excluded) (Residential, Excluded) 2100108 2100109 2100110 2100111 2100112 2100201 2100203 2100204 2100205 2100206 2100209 2100210 2100211 2100212 2100213 2100214 2100215 2100216 2100217 2100301 2100304 2100309 2100401 2100403 2100407 2100408 2100409 2100413 2100414 2170501 2170503 2170504 2170505 2170401 2170402 2170422 2170424 2170301 2170319 2170201 2170203 2170101 2170128 2170137 2170138 2170143 2190901 2190903 2190923 2190701 2190702 (F.O.P. Lodge) (F.O.P. Lodge) (Charity) 6 2190703 2190704 2190707 2190708 2190601 2190602 2190603 2190604 2190605 2190609 2190611 2190616 2200220 2200210 2200241 2200219 2200227 2200242 2200211 2200236 2200212 2200214 2200228 (Residential, Excluded) (City of Roanoke) West side of Williamson Road from north right of way Orange Avenue, north to the north corporate limits line near the inter- section of Hildebrand Road. Beginning at the center of Williamson Road at the intersection of the north right of way of Orange Avenue; thence, westerly along the north right of way of Orange Avenue approximately 625.0 feet to the southwest corner of Tax No. 3020102 (Econo Lodge); thence leaving the north right of way of Orange Avenue and with the westerly property line of Tax No. 3020102 (Econo Lodge) to the center of Carver Avenue; thence, easterly with Carver Avenue to the intersection of Courtland Road; thence, with the centerline of Courtland Road, north to the intersection of Sycamore Avenue; thence with the centerline of Sycamore Avenue easterly 125.0 feet; thence leaving Sycamore Avenue south along the line between Lots 28 and 29, Block "A", Map of Williamson Groves; thence along the rear lot lines of Lots 29, 30, 31, 32, 33 and 34, easterly 150.0 feet to the common corner between Lots 34 and 35; thence, with the common line between Lots 34 and 35, northerly to the center of Sycamore Avenue; thence leaving Sycamore Avenue, northerly with the common lines of Lots 22, 23, 34 and 35, Block "B", Map of Williamson Groves, to the centerline of Thurston Avenue; thence leaving Thurston Avenue, northerly with the rear lot lines of Lots 1 thru 6, Block "C", Map of Williamson Groves, to a common corner of Lots 6, 7, and 58; thence with the rear lot lines of Lots 53 thru 58 to a common corner between Lots 52 and 53; thence with the line between Lots 52 and 53, northerly to the center of Maddock Avenue; thence with the centerline of Maddock Avenue easterly 50.0 feet; thence leaving Maddock Avenue, northerly with the lot line between Lots 28 and 29, Block "D", Map of Williamson Groves; thence, easterly with the rear lot line of Lots 29 thru 32 to a common corner between Lots 32, 5, and 6; thence, northerly with the rear lot line of Lots 6 thru 10, to the centerline of Noble Avenue; thence westerly with the centerline of Noble Avenue 25.0 feet; thence, leaving Noble Avenue and northerly with the lot lines between Lots 33 and 34, Block "E", Map of Williamson Groves; thence easterly with the rear lot line of Lot 34 to a common corner between 34, 6, and 7; thence northerly with the rear lot lines of Lots 7 thru 12, to the center of Clover Avenue; thence, leaving Clover Avenue northerly with the rear lot lines of Lots 1 thru 14, Block "F", Map of Williamson Groves to the center of Forest Hill Avenue; thence leaving Forest Hill Avenue, northerly with the lot lines between Lots 3 and 4, Block "P", Map of Williamson Groves; thence with the rear lot lines of Lots 4 and 5, westerly to the centerline of Hillcrest Avenue; thence northerly with the centerline of Hillcrest Avenue, approximately 250.0 feet; thence leaving Hillcrest Avenue and with the southerly line of Tax No. 3090239, 121.67 feet; thence with the easterly line of Tax No. 3090239, 106.53 feet to a point on the southerly line of Tax No. 3090242; thence with the southerly line of Tax No. 3090242, 27.04 feet to a point; thence with the westerly line of Tax No. 3090237, 244.87 feet to a point; thence with the northerly line of Tax No. 2090237 and 3090240, 314.91 feet to a point, said point being the southwesterly corner of Lot 5, Map of C. R. Scott; thence with the rear lot lines of Lots 1 thru 5, Map of C. R. Scott, to the center of Liberty Road; thence westerly with the centerline of Liberty Road to the intersection of Meadows Street; thence north with the centerline of Meadows Street approximately 140.0 feet; thence leaving Meadows Street and with the common line of Lots 9 and 10, Block 1, Map of Meadow Land.; to a point on the rear line of Lot 1; thence with the rear lines of Lots 1 and 2, northerly to the center of Spring Hollow Avenue; thence, easterly with the centerline of Spring Hollow Avenue easterly approximately 50.0 feet; thence leaving Spring Hollow Avenue northerly along the westerly line of Tax No. 2071308, 2071310, 2071311, and 2071324 to the southwest corner of Lot 7, Block 2, Map of Bowman Lawn; thence, easterly with the rear of Lots 6 and 7 to the southwest corner of Lot 6; thence with the easterly line of Lot 6, northerly to the center of Bowman Street; thence, with Bowman Street easterly 60.0 feet; thence leaving Bowman Street in a northerly direction and the east line of Lot 15, Block 3, Map of Bowman Lawn; thence, with the rear lot line of Lot 15, westerly 60.0 feet to the common corner between Lot 14 and 7; thence northerly with the westerly line of Lot 6 to the centerline of Chatham Street; thence easterly with the centerline of Chatham Street approximately 120.0 feet; thence leaving Chatham Street and northerly with the rear lot lines of Lots 1 thru 2, Block 4, Map of Bowman Lawn to the northeast corner of Lot 3; thence with the rear line of Lot 3, westerly to the common corner of Lot 3 and 4; thence with the west line of Tax No. 2070414 8 northerly to the centerline of Lyndhurst Street; thence with the centerline of Lyndhurst Street easterly approximately 85.0 feet; thence leaving Lyndhurst Street and northerly with the rear line of Lots 9 thru 16, Block 1, Powers Addition, to a point on Lot 5, Block 1, Plasters Map; thence with Lot 5, west 5.32 feet to rear southwest corner of Lot 5; thence with the rear line of Lots 1 thru 5, Block 1, C. F. Powers Map to a point on the southerly line of Tax No. 2070143; thence westerly with the line of same 88.54 feet; thence with the westerly line of same 120.0 feet to the centerline of Haffen Street; thence with the centerline of Haffen Street easterly approximately 130.0 feet; thence leaving Haffen Street northerly with the rear line of Lots 1 thru 4, Block 1, Newcon%b Map, to the centerline of Tenth Street; thence leaving Tenth Street, northerly with the westerly line of Lot 13 and Lot 4, Block 1, Connistone Map to the center of Burton Avenue; thence with the centerline of Burton Avenue easterly approximately 58.0 feet; thence leaving Burton Avenue northerly with the rear line of Lots 1 thru 5, Block 4, Connistone Map, crossing Huntington Boulevard and with the rear line of Lots 1 thru 5, Block 5, Connistone Map to the centerline of Cumberland Street; thence easterly with the centerline of Cumberland Street approximately 50.0 feet; thence leaving Cumberland Street northerly with the rear lot lines of Lots 1 thru 5, Block 10, Connistone Map to the centerline of Oakland Boulevard; thence with the centerline of Oakland Boulevard westerly approximately 85.0 feet; thence leaving Oakland Boulevard, northerly along the rear lot lines of Lots 1 thru 30, Map of Round Hill Terrace to the centerline of Clarendon Avenue; thence with the centerline of Clarendon Avenue, easterly, approximately 140.0 feet; thence leaving Clarendon Avenue, northerly, with the rear lot lines of Lots 3 thru 9, Block 1, Map of Shadylawn Court, to the common corner of Lot 2 and 3; thence with the common line of same easterly 60.0 feet; thence northerly with the line thru Lots 1 and 2 to the center of Broad Street; thence leaving Broad Street northerly with the west line of Lot 2, Block 1, Map of Hedgelawn; thence with the rear lines of Lot 3 thru 13, Block 1, Map of Hedgelawn to the centerline of Epperley Avenue; thence with the centerline of Epperley Avenue easterly approximately 100.0 feet; thence leaving Epperley Avenue, northerly with the rear lines of Lots 1 thru 7, Block 1, Map of Epperley Court, to the center of Ravenwood Avenue; thence leaving Ravenwood Avenue, northerly and with the rear lines of Lots 1 and 2, Map of Layman Square, and the rear lines of Lots 1 thru 7, Block 2, Map of Floraland to the center of Floraland Drive; thence leaving Floraland Drive, northerly, with the rear lines of Lots 1 thru 7, Block 1, Map of Floraland, Lots 1 thru 7, Block 1, Map of James Addition, Lots 1 thru 17, Map of Sunset Manor, the rear line of Tax No. 2280111 and 2180156, 2280110, 2280106, 2280159, 2280105 and 2280101, to the centerline of Hershberger Road; thence with the centerline of Hershberger Road, easterly to the west right of way line of Williamson Road; thence with the west right of way of Williamson Road to the intersection of Curtis Avenue; thence with the centerline of Curtis Avenue westerly to the intersection of Cross Road; thence with the centerline of Cross Road to its intersection with Airport Road 9 (relocated); thence with Airport Road (relocated) to its intersection with Hearthstone Road; thence leaving Airport Road and with the centerline of Hearthstone Road, to its intersection with Maitland Avenue; thence with the centerline of Maitland Avenue easterly to its intersection with Woodbury Street; thence with the centerline of Woodbury Street northerly approximately 275.0 feet; thence leaving Woodbury Street and easterly with the north line of Lot 16, Block 10, Map of Airlee Court to a point on the rear line of Lot 4; thence with the rear line of Lots 4, 5, and 6 to the centerline of Hawthorne Road; thence northerly with Hawthorne Road approximately 120.0 feet; thence leaving Hawthorne Road and with the north line of Lot 2, Block 9, Map of Airlee Court 170.0 feet to the rear corner of Lot 2; thence with the rear line of Lot 2 thru 4, Block 9, Map of Airlee Court and the rear line of Lots 1 thru 5, Alrlee Court Annex, to the corporate line of the City of Roanoke; thence with the corporate line east to the center of Williamson Road; thence, with the centerline of Williamson Road, southerly, approximately 9,500 feet to the place of beginning, and shall include the following tax parcel numbers: 3020102 3020118 3020117 3020201 3070901 3070903 3070512 3070513 3070514 3070515 3070517 3070519 3070520 3070521 3070524 3070526 3070527 3070528 3070529 3070317 3070239 3020240 3070248 3070254 3070401 3070402 3070403 3070405 3070407 3070412 3070418 3080923 3080927 3080822 3080823 3080824 3080825 3080826 3080827 3080721 3080722 3080725 3080646 3080647 3080648 3080649 3080650 3090216 3090217 3090218 3090234 3090237 3090243 3090231 3090240 3090229 3090228 3090227 3090226 3090225 2071322 2071301 (Planned Parenthood) 10 2071302 2071304 2071305 2071003 2071005 2071306 2071308 2071310 2071311 2071324 2070701 2070702 2070705 2070402 2070414 2070120 2070121 2070122 2070123 2070134 2070135 2070136 2070137 2070138 2070139 2070140 2070141 2070142 2070143 2070101 2070103 2070104 2081001 2081002 2081003 2081012 2080801 2080802 2080803 2080804 2080805 2080806 2080601 2080603 2080604 2080401 2080403 2080404 2080405 2080101 2080102 2080104 (Residential, Excluded) 2080107 2080109 2080110 2080111 2080112 2080113 2080114 2080115 2080116 2080117 2080119 2080120 2080121 2080148 2080149 2080150 2161313 2161315 2161316 2161317 2161318 2161319 2161320 2161013 2161016 2161017 2161019 2161020 2161021 2161022 2161023 2161024 2160615 2160617 2160618 2160621 2160303 2280301 2280302 2280303 2280304 2280305 2280306 2280307 2280101 2280105 2280106 2280110 2280111 2280114 2280115 (Residential, Excluded) (Residential, Excluded) (Church) (Church) (Residential, Excluded) (Residential, Excluded) (Residential, Excluded) (Residential, Excluded) 11 2280117 2280118 2280119 2280134 2280136 2280137 2280138 2280139 2280141 2280144 2280145 2280146 2280147 2280156 2280158 2280159 2190501 2190503 2190513 2190518 2190519 2190520 2190521 2190301 2190303 2190327 2190401 2200101 2200102 2200103 2200104 2200105 2200106 (Church) (Church) (Church) (City of Roanoke) 12 AP NUMSER - 31713534 PUBLISHER'S FEE - $241.50 CITY OF ROANOKE C/O MARY F PARKER CITY CLERKS OFFICE ROOM ~56 MUNICIPAL BL~G ROANOKE VA 24011 '93 API!12 P1:38 STATE OF VIRGINIA CITY DF ROANOKE AFFIDAVIT OF PUBLICATION I, (THt] UNDERSIGNED) AN AUTHORIZED REPRESENTATIVE OF TftE TIMES-WORLD COR- PORATION, WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES g wORLD-NEWS, A DAILY NEWSPAPER PUBLISHED IN ROANOKE, IN THE STATE OF VIKGINIA, 00 CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS ~N THE FOLLOWING DATES 03/18/93 MORNING 03/25/93 MORNING 04/01/93 MORNING WITNESS, [H.H.,~S'~./..,7TH .DAY OF APRIL~ 1993 AUTHORIZED SIGNATURE NOTICE OF PUBLIC HEARING Pursuant to S15.1-18, Code of Virginia (1950), as amended, notice is given of a proposal to establish a Williamson Road Service District in the City of Roanoke, pursuant to S15.1-18.3, Code of Virginia (1950), as amended. As proposed, the Williamson Road Service District would require the levy and collection of an additional real property tax on real property in the Williamson Road area of the City in the amount of ten cents ($.10) per one hundred dollars ($100.00) of assessed valuation. Proceeds from such annual tax would be segregated and expended in said Williamson Road Service District for additional governmental services. The boundaries of the proposed Williamson Road Service District and a description of the individual properties proposed to be included in such District are as set forth on a map dated April 1, 1992, entitled "Williamson Road Service District, Roanoke, Virginia" on file and available for public inspection in the Office of the City Clerk, Room 456, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. A PUBLIC HEARING will be held before the Council of the City of Roanoke on Monday, April 12, 1993, at 7:30 p.m., in the City Council Chambers, 4th Floor, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, at which time citizens of the locality shall be given an opportunity to appear before and be heard by City Council on the subject of establishment of a Williamson Road Service District and the proposed tax increase with respect to real property located within such District. GIVEN under my hand this l?th day of M~rh , 1992. Mary F. Parker, City Clerk Publish in full once a week for three weeks on Thursday, March 18, 1993, Thursday, March 25, 1993, and Thursday, April 1, 1993, in the Roanoke Times-World News. Please mail bill and affidavit of publication to Mary F. Parker, City Clerk, 456 Municipal Building, Roanoke, Virginia 24011. CITY OF ROANOKE INTERDEPARTMENT COMMUNICATION DATE: TO: FROM: SUBJECT: March 19, 1993 W. Robert Herbert, City Manager Mary F. Parker, City Clerk ~ ~ Proposal and Petition from Williamson Road Area Business Association I am transmitting copy of a proposal and petition filed with the City Clerk's Office by the Williamson Road Area Business Association in connection with establishment of a Willtsmson Road Service District and proposed tax increase with respect to real property located within such district. MFP: se pc: Wilburn C. Dibling, Jr., City Attorney MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. KAl(IN Deputy City Clerk March 3, 1993 File #79-165-169 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke held on Monday, March 1, 1993, Council authorized a public hearing to be held on Monday, April 12, 1993, at 7:30 p.m., or as soon thereafter as the matter may be heard, on the request of the Williamson Road Area Business Association that a Special Service District be established in the Williamson Road area. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: Mr. Charles E. Overetreet, President, Will~amson Road Area Business Association, p. O. Box 5892, Roanoke, Virginia 24012 Mr. Wllburn C. Dlbling, Jr., City Attorney Williamson Road Area Business As oc!a on P.O. Box 5892 · Roanoke, Virginia 24012 (703) 362-3293 February 19, 1993 Mrs. Mary Parker City Clerk Municipal Building 215 Church Ave. Roanoke, VA 24011 Dear Mrs. Parker: The Williamson Road Area Business Association requests inclusion on the March 1, 1993 Roanoke City Council agenda for the purpose of requesting a public hearing to enact an ordinance allowing a Special Service District to be established on Williamson Road as allowed by the Code of Virginia at Section 15.1 - 18.3. will be speaking on behalf of our organization. Thank you. President /Williamson Road Area Business Association, Inc. WRABA ~. ~= ~ · ~,o~, Wrying, ~,,0~ · (~o3) 3~.32g~ REQUEST FOR RESIDENCE EXEMPTION Williams0n Road Special Service District The Williamson Road Area Business Association requests that in the language of the ordinance creating a Special Service District for Williamson Road, Roanoke City Council establish a "Residence Exemption" from the Special Service District assessment to tax parcels included in the boundary of the Special Service District that meet the following criteria: 1. Single family homes, used as a residence, whether owner occupied or rented. 2. Multi-unit apartment structures wherein the owner is a resident. Should these properties, at any later time, be converted from use as a residence to use as a business location; if the occupant applies for a business license and/or displays a sign advertising a business located within the structure, we request the "residence exemption" then be lifted and the owner subject to the Special Service District assessment. Properties colored in "pink" on the Special Service District display map are those included in the "residence exemption" request. Charles Ove'rstr6et, President WRABA Specia/Service Dist ct Fact Sheet Total Parcels: 416 Total SSD Taxable (non-residential, non-charity/church, non-govt) Parcels: 388 SSD Taxable Parcels endorsed as of 2/16/93: 172 (44.3%) Property tax value in SSD: $52,656,950.00 (~4cDaniels appx) Tax value of endorsed properties: $20,318,400.00 (38.6%) $SD special tax assessment yield to WRABA per annum: $52,657.00 Total Owners in Taxable SSD: 230 Total Owners in Taxable SSD WITH Roanoke Address: 168 (Tax Value.. $34,172,200.00 - 64.8%) Total Owner Endorsements of those WITH Roanoke Address: 84 (50%) Total Owner in Taxable SSD Endorsements as of 2/25/93: 106 (46%) Total Endorsements needed for +50% threshold: 9 Tax Value of Parcels with owners NOT having Roanoke Address: $18,484,750.00 (35% of SSD Total) / /Williamson Road Area Business Association, Inc. WRABA .o. ~ r,~· ~ w,.,.~. ~ · (~o~) Special Service District Benefits Long range planning for the Special Service District revolves around a three year focus: Year two: Year three: Clean and Promote Beautify and Promote Improve and Promote The Williamson Road Special Service District will benefit participating property owners and The City of Roanoke in several ways: By promoting business on Williamson Road with a focus on a cleaner, more tidy physical environment, property values will be enhanced, and business traffic will be increased. A stronger organization (WRABA) will enable businesses to address common concerns and to achieve results, resulting in a more successful business environment. Promoting Williamson Road as a more cohesive commercial corridor will help to reshape the image of Williamson Road, leading to increased commercial activity, lot infill development, and a higher commercial and real estate tax base for our City. MARY' F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 April 13, 1993 SANDRA H. EAKIN Deputy City Clerk Mr. Charles E. Overstreet, President WilHamson Road Area Business Association P. O. Box 5892 Roanoke, Virginia:, 24012 Dear Mr. ~ I am enclosing copy of an invoice from the Roanoke Times & World-News for advertising the notice of public hearing on Thursday, March 18, 1993, Thursday, March 25, 1993, and Thursday, April 1, 1993, in connection with the request of the Williamson Road Area Business Association for establishment of a Special Service District. Please ~emit your check, made payable to the City of Roanoke, in the amount of $241.80, to the City Clerk's Office, Room 456, Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia 24011-1536, by Friday, April 23, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. MINUTES CONSIDERED AT THIS COUNCIL MEETING MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER, OR AT THE CITY CLERK'S OFFICE David A. Bowers Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 R~anoke, Virginia 24011-1594 Telephone: (703) 981-2444 April 12, 1993 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1- 344 (A) (1), Code of Virginia (1950), as amended. Sincerely, Mayor DAB: se Da~ld A. Bowers Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011 -1594 Telephone: (703) 981-2444 April 12, 1993 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session for the purpose of discussion and consideration of a special award to be made by City Council to a deserving citizen, pursuant to Section 2.1-344 (A)(10), Code of Virginia (1950), as amended. Sincerely, Mayor DAB: se MARY F. PABKE~ City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2~,011 Telephone: (703) 981-2541 April 15, 1993 SANDRA H. EAK1N Deputy City Clerk File //15-110-488 Mr. Charles W. Hancock, Chairperson Roanoke Neighborhood Partnership Steering Committee 1016 Estates Road, S. E. Roanoke, Virginia 24014 Dear Mr. Hancock: This is to advise you that Keith A. Johnson has qualified as a member of the Roanoke Neighborhood Partnership Steering Committee, for a term of three years ending November 8, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Ms. Stephanie F. Cicero, Roanoke Neighborhood Partnership Coordinator 0-2 Oath or Affirmation kef ~Offic~ ' 8~a~e of Virgirda, Cirri of Roanoke, to Ksith A. Johnson I, '93 ~?R-1 72:31 , do solemnly swear (or affirm) that I will support he Constitution of the United S~tes, and the Constitution ofthe S~te of Vkginh, andtlmt I will hithhHy and impa~ially discharge and perbrm ~1 the dut~s incumbent upon me ms a member of the Roanoke Neighborhood Partnership Steering Committee, for a term of three years ending November 8, 1995. according to the best of my ability. Subscribed and sworn to before me, this help me God, /~/- dar of Roanoke, Virginia April 12, 1993 The Honorable David A. Bowers, and Members of City Council Roanoke, Virginia Mayor Dear Members of Council: Subject: Request to Schedule Public Hearing - Gainsboro Redevelopment Plan On Wednesday, April 7, 1993, the Roanoke City Planning Commission voted to recommend to City Council that the amendments proposed by the Roanoke Redevelopment and Housing Authority to the Gainsboro Redevelopment Plan, CD-i, be approved as presented. In order for this matter to proceed as expeditiously as possible, I request that City Council schedule a public hearing at 2:00 p.m. on Monday, April 26, 1993, to consider the proposed amendments to the Gainsboro Redevelopment Plan. Respectfully submitted, W. Robert Herbert City Manager WRH:JDR:mpf cc: City Attorney Acting Director of Finance Assistant City Manager City Clerk Director of Public Works Chief of Community Planning Executive Director, RRHA MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roa~. oke, Vir~nia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk April 1.5, 1993 File #20=70-5=24 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report with regard to fire lane parking violations was before the Council of the City of Roanoke at a regular meeting held on Monday, April 12, 1993. On motion, duly seconded and unanimously adopted, the Council requested that the City Attorney prepare the proper measure imposing a $50.00 fine for fire lane parking violations. Sincerely, ~o-~ Mary F. Parker, CMC/AAE City Clerk MFP: sm pc; Mr. Wilburn C. Dibllng, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Mr. George C. Snead, Jr., Director, Public Safety Mr. Rawleigh W. Quarles, Fire Chief Mr. Barry L. Key, Manager, Office of Management and Budget .... ,.. ~n Roanoke, Virginia ~i.!?z.~ ~!~ .... April 12, 1993 [~IT';" '93 APR-7 P3:52 Honorable David A. Bowers and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: Briefing - Fire Lane Penalty BACKGROUND: A. June 26~ 1981 - City Council passed Ordinance No. 25646 creating a penalty for fire lane parking violators making it a traffic infraction. B. Enforcement actions are concentrated in the following areas where fire lane parking violations have the Ce potential to create public safety hazards: 1. On public streets 2. Shopping malls 3. Private streets 4. Hospitals 5. Nursing homes and homes for the aged 6. schools 7. Public buildings Private parking lots with provisions to park fifty or more vehicles Fire lane parking violations continue to be a public safety concern, averaging approximately 1,000 ticketed violations per year. The actual number of violations is not known due to limited enforcement by Fire Department staff. The current fine is not serving as a deterrent. Continued violations of this City ordinance create serious public safety concerns, i.e. acces~ to sprinkler connections, standpipe connections, obstruction at entrance preventing fire attack and creating evacuation problems. Honorable David A. Bowers and Members of City Council Page 2 April 12, 1992 The following Virginia cities are currently charging listed fines for fire lane violations: · Roanoke County $25.00 · Salem $25.00 · Charlottesville $30.00 · Hampton City (in process of increasing this fee) $25.00 · Fairfax County $25.00 · Fairfax City $25.00 · Chesterfield County $15.00 · Virginia Beach $50.00 · Prince William County $50.00 II. CURRENT SITUATION: Roanoke City Fire Marshals currently enforce these violations as time allows. Members of Roanoke City Police Department can also enforce fire lane ordinances. Enforcement of these violations generates approximately $10t000.00 a year in fees, based on the current penalty for fire lane violations of $10.00. The penalty for illegally parking in areas other than fire lanes is $5.00. Handicap parking violation penalty is currently set at $50.00. The amount of handicap parking fine has served as a deterrent to potential handicap parking violators. Because of the importance of unobstructed fire lanes, the fire lane penalty should also serve as a deterrent for individuals using fire lanes as available parking space. III. ISSUES: A. Public Safety B. Revenue Enhancement IV. ALTERNATIVES: City Council amend Section 20-89 (b) (2) of the City Code to provide an increase in the penalty for fire lane violators from $10.00 to $ effective July 1, 1993, to minimize the number of fire lane violations Honorable David A. Bowers and Members of City Council Page 3 April 12, 1992 and ensure that public safety vehicles can respond effectively in an emergency. 1. Public Safety will be enhanced by an increase in the fire lane penalty fee. B. City lane Revenue enhancement will occur for the short term but may actually reduce as the penalty serves as a deterrent to the number of violations over the long term. Council reject an increase in penalty for fire violators. Public Safety will not be enhanced. Revenue enhancement will not be an issue. CONCLUSION: The current $10.00 fine is not a significant deterrent to random parking in fire lanes. The cost of additional personnel for enhanced enforcement is prohibitive. Therefore, increasing the fine from $10.00 to between $35.00 and $50.00 will improve the public safety concern involving this violation and reduce the potential number of violations without the need for additional staff. Final consideration and approval of this matter will be recommended prior to budget study with City Council. Public education involving public service announcements will begin once Council has formally acted on this matter. Enhanced signage indicating the new fine at the fire lane locations in the public right- of-way will occur. Respectfully submitted, W. Robert Herbert City Manager CC: George C. Snead, Director of Public Safety Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance Barry L. Key, Manager, Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1981. No. 25646. AN ORDINANCE amending §F-105.5.1, Penalty for violations, of the Fire Prevention Code of the City of Roanoke, as set out in §12-18, Amendments, of Article II, Fire Prevention Code, of Chapter 12, Fire Prevention and Protection, adding a new §20-74, Parking, stopping or standing in a fire lane, amending subsec- tions (b) (1) and (e) and adding a new subsection (b) (4) to §20-89, Penalties for unlawfu! parkin.g, of Article IV, Stopping, Standing and Parking, of Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended, making it a traffic in- fraction for a person to park, stop or stand a vehicle in a desig- nated fire lane; providing a penalty for the same; increasing the penalty for violations of the parking regulations on the property of the Virginia Western Community College; a~d providing for an effective date and for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section F-105.5.1, Penalty. for violations, of the Fire Prevention Code of the City of Roanoke, as set out in §12-18, Amendments, of Article II, Fire Prevention Code., of Chapter 12, Fire Prevention and Protection, of the Code of the City of Roanoke (1979), as amended, be amended to read and provide as follows: $12-18. Amendments. "F-105.5.1. Penalt~ for violations: Any person firm or corporation violating any of the provisions of this Code, except for ~F-311.3, or failing to com- ply with any order issued pursuant to any section thereof, shall be guilty of a Class 1 misdemeanor, or, in the case of a violation of §F-311.3, a vio- lator shall be guilty of a traffic infraction and subject to the penalties set out in ~20-89, Code of the City of Roanoke (1979), as amended. 2. That Article IV, Stopping, standing and parking, of Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended, be amended by the addition of a new section, ~20-74, Parking, stopping or standing in a fire lane, and by the amendment of subsections (b)(1) and (e) and the addition of a new subsection (b) (4~ to ~20-89, Penalties for unlawful parking, such to read and provide as follows: §20-74. Parking,..s~opping or standing in a fire lane. No person shall park, stop or stand a vehicle in or otherwise obstruct a fire lane designated and marked by the fire marshal in accordance with §~F-311.1, et seq., of the Fire Prevention Code of the City of Roanoke. §20-89. Penalties for unlawful parking. (b) (1) A penalty of five dollars ($5.00) may be paid for a violation of ~20-69, if paid within ten (10) days of the issuance by an officer of a notice of a violation thereof, or prior to the receipt of notice from the City sent pursuant to ~46.1-179.01, Code of Virginia (1950}, as amended, whichever is later. If not paid within ten (10) days, a notice pursuant to ~46.1-179.01 shall be sent by the City's office of billings and collections to the violator. Any violator to whom such notice is sent may pay a penalty of ten dollars ($10.00) within five (5) days of receipt of such notice. (b) (4) A penalty of ten dollars ($10.00) may be paid for a violation of §20-74, if paid within ten (10) days of the issuance by an officer of a notice of a violation thereof, or prior to the re- ceipt of a notice from the city sent pursuant to S46.1-179.01, Code of Virginia (1950), as amended, whichever is later. If not paid within ten (10) days, a notice pursuant to S46.1-179.01 shall be sent by the city's office of billings and collections to the vio- lator. Any violator to whom such notice is sent may pay a penalty of fifteen dollars ($15.00) within five (5) days of receipt of such notice. (e) Every person tried and convicted of a vio- lation of S20-69 shall be fined not less than five dollars ($5.00) and not more than twenty dollars ($20.00), inclusive of the penalty set forth above for a violation of this section. Unless ordered otherwise by the judge in whose court the violation is tried, or in which the same is cognizable, all fines and penalties arising under this section shall be paid into the city treasury. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect on and after July 1, 1981. ATTEST: City Clerk. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vir/inia 24011 Telephone: (703) 981-2541 SANDRA H. EAK1N Deputy City Clerk April 1,5, 1993 File #24=183-405=497 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31405-041293 amending and reordaining subsection (b) (3) of Section 23.1-4.1, Requirement of competitive negotiation, of the Code of the City of Roanoke (1979), as amended, providing that the City of Roanoke shall conduct individual discussions with at least three qualified offerors when using competitive negotiation in selecting contractors. Ordinance No. 31405-041293 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 12, 1993. Sincerely Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. 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 The Honorable Clifford R. Weckstein, Judge, Circuit Court The Honorable Diane M. Strickiand, 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 Mr. W. Robert Herbert April 15, 1993 Page 2 pc: 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. Pattisa{, Judge, General District Court The Honorable Donald S. Caldwell, Commonwealth's Attorney The Honorable Arthur B°. Crush, III, Clerk, Circuit Court The Honorable Gordon E. Peters, City Treasurer Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Mr. Ronald Albright, Clerk, General District Court Mr. Wilburn C. Dibiing, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Mr. Kit B. Kiser, Director, Utilities and Operations Mr. D. Darwin Roupe, Manager, General Services Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Mr. Philip C. Schirmer, Civil Engineer Mr. Bobby D. Casey, Office of the Magistrate Ms. Clayne M. Calhoun, Law Librarian Mr. Barry L. Key, Manager, Office of Management and Budget Ms. Dolores C. Daniels, Assistant to the City Manager for Community Relations Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Mr. Robert L. Laslie, Vice President - Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32304 IN THE COUNCIL OF THE CITY OF ROANOKE, The 12th day of April, 1993. No. 31405-041293. VIRGINIA, AN ORDINANCE to amend and reordain subsection (b)(3) of Section 23.1-4.1, Requirement of competitive neqotiation of the Code of the City of Roanoke (1979), as amended to provide that the City shall conduct individual discussions with at least three (3) qualified offerors when using competitive negotiation in selecting contractors; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsection (b)(3) of Section 23.1-4.1, Requirement of competitive neqotiation is hereby amended and reordained to read and provide'as follows: Section 23.1-4.1. Requirement of competitive negotiation. (b)(3) The city manager, other appropriate council- appointed officer or other designee of council shall engage in individual discussions with at least three, if there be that many, offerors deemed fully qualified, responsible and suitable on the basis of initial responses and with emphasis on professional competence to provide the required services. Repetitive informal interviews shall be permissible. Such offerors shall be encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to the proposed project, as well as alternative concepts. These discussions may encompass nonbinding estimates of total project costs including, where appropriate, design, construction and life cycle costs. Methods to be utilized in arriving at price for services may also be discussed. Proprietary information from competing offerors shall not be disclosed to the public or to competitors. municipal government, an emergency is deemed to exist, and ordinance shall be in full force and effect upon its passage. ATTEST= In order to provide for the usual daily operation of this City Clerk. Roanoke, Virginia April 5, 1993 Honorable Mayor and City Council Members Roanoke, Virginia Subject: Procurement of Professional Services Background: A. Professional services as defined under the City Code include work performed by an independent contractor within the scope of the practice of accounting or auditing, appraising, architecture, court reporting, dentistry, finance, fine arts, insurance consulting services, land surveying, landscape architecture, law, management consulting services, medicine, optometry, planning, professional engineering, or similar services. Professional Services are procured under the provisions of Chapter 23.1 of the Roanoke City Code which is modeled after the Virqinia Public Procurement Act. C. Guidelines for Procurement of Professional Services under the Virginia Public Procurement Act are jointly published by the Consulting Engineers Council of Virginia, the Virginia Association of Counties, the Virginia Municipal League, the Virginia Society of the American Institute of Architects and the Virginia Society of Professional Engineers. II. Current Situation: The City Code requires that professional services be acquired by competitive negotiation. In general terms this process requires that a written request for proposal be published, the city staff then engage in individual discussions with ALL offerers deemed qualified to provide the requested services. Offerers are then ranked by qualifications and negotiations are initiated with the top rated offerer. In the event that an acceptable agreement cannot be reached with the top rated offerer then negotiations are conducted with the firm rated second and so on until an acceptable agreement is reached. Mayor and Members of City Council RE: Procurement of Professional Services Page 2 B. Guidelines for Procurement of Professional Services generally follow the process currently used by the City but recommend that the public body develop a short list of offerers to be interviewed (usually 3 to 4 depending upon scope of the specific project). The Virginia Public Procurement Act does not require that all offerers be interviewed. Survey of Virginia Independent Cities revealed that most municipalities followed professional procurement procedures as stipulated under the Virginia Public Procurement Act. Although there was some variance in procurement procedures used by each municipality, the majority practiced interviewing a short list of firms deemed qualified for the particular project. The number of qualified offerers interviewed is generally three to four. The cities contacted, which generally fall within a fifty mile radius of Roanoke, are as follows: City of Martinsville, City of Danville, City of Salem, City of Radford, Town of Pulaski, Town of Blacksburg, and the City of Lynchburg. III. Issues in order of importance: Cost of Procurement is significant due to staff time expended in reviewing qualification proposals and interviewing offerers. Additional costs are incurred by the offerers in preparing for and attending the interview. These costs are significant because of overhead costs that are ultimately recovered in higher fees for services. Pro~ect Schedules are impacted by the duration of the interview and selection process. Duration of Procurement Process. Most professional services interviews are approximately one (1) hour in duration. Usually, a selection committee of three (3) or more persons represents the City in these interviews. The current process generally requires approximately five (5) hours of staff time for each offerer interviewed. During calendar years 1991 and 1992, the Department of Engineering spent more than 355 manhours interviewing 72 offerers for 22 projects. Mayor and Members of City Council RE: Procurement of Professional Services Page 3 In 1991, the Engineering Department received responses from 8 or more qualified consultants on 5 separate capital improvement projects. Selection of a consultant for these projects required approximately a week of staff time on each occurrence. D. City Staff Exposure to New Offerers & Technoloqy: Professional services interviews occasionally provide staff exposure to new methods and technology. New consultants often use the professional services interview as an opportunity to introduce the firm and its organization to the City staff. IV. Alternatives: Amend the current City Code to permit "short listing" of three or more offerers of professional services to be interviewed by a selection committee. These offerors selected for interview would be offerors deemed fully qualified, responsible and suitable on the basis of their initial responses and with emphasis on professional competence, to provide the required services. Cost of Procurement is reduced because less staff time is expended interviewing offerers. The cost of professional services is reduced because less overhead costs are incurred by competing firms. The practice of "short listing" qualified firms is endorsed by the engineering community as evidenced by the Joint publication of "Guidelines for the Procurement of Professional Services" by professional organizations. This is further supported by letters from the local chapters of the Virginia Society of Professional Engineers and the American Institute of Architects. (Attachment B) Pro~ect Schedules are expedited by reduction of the overall time necessary to select professional services firms. Duration of Procurement Process is reduced because, on average, the number of offerers interviewed is reduced. Mayor and Members of City Council RE: Procurement of Professional Services Page 4 City Staff Exposure to New Offerers and Technology is unaffected. Most often, professional service firms conduct ongoing marketing by direct mail and personal contact. City staff would continue to accept these informal discussions of products and services. Do not amend the City Code to permit short listing and continue the current procedure of professional services procurement. 1. Cost of Procurement remains at its current level. Project Schedules are delayed due to lengthy interview process. 3. Duration of Procurement Process remains at its current level. City Staff Exposure to New Offerers and Technoloqy is unaffected. Most often, professional service firms conduct ongoing marketing by direct mail and personal contact. City staff would continue to accept these informal discussions of products and services. V. Recommendation is that the City: Amend the current City Code to permit short listing of offerers of professional services to be interviewed to three or more, where at least three (3) responses are received, based upon the Judgment of the selection committee. WRH/PCS/fm Respectfully submitted, W. Robert Herbert City Manager Mayor and Members of City Council RE: Procurement of Professional Services Page 5 cc: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations City Engineer Attachment A: Attachment B: "Guidelines for the Procurement of Professional Services under the Virginia Procurement Act" Letters of Endorsement from local professional organizations. (1) Virginia Society of Professional Engineers (2) American Institute of Architects Blue Ridge Guidelines for the Procurement of Professional Services under the Virginia Public Procurement Act Published by: Consulting Engineers Council of Virginia Virginia Association of Counties VMLVirginia Municipal League Virginia Society of The American Institute of Architects Virginia Society of Professional Engineers ~'~t .~'~ Professional services ~re defined in the Act as hein~ work performed by an independent Profess onalservices contractor within the scope of the practice of: a. Aocountin~ e. Landscape Architecture i. Medicine b. Architecture f. Land Surveying j. Professional c. Law g. Pharmacy Engineering d. Optometry h. Actuarial Services Tho fo~us of this brochure is on tho procurement of tho profmionul asr~iees otArelLitaeture or Enfineering. Tho term "within the scope Of' is a difficult term. Many esr~cce may consist partially of professional services and partially of services which can be performed by persons who are not licensed. In addition, many professional firms employ persons who are not licensed, but provide supporting services. The design of mcet public fecilitias requires tho uso of professional services by law or refLmlation. Any such work requiring the practice of archit~ture or engineering should be eonMdered professional asrvlcas. If there ia any question, the best approach is to mk advice prior to issuing tho Requ~t for Prolx~als (RFP) from one of the contacte listed in this brochure, Qualification Based Selection Why Does It Work for Public Owners~ The qualifications based eelec~on process as outlined in tho Virginia Public Procurement Act recognizes that design profonionals play a critical role in the public building process and thaz procurement of architectural/engineering design service~ is a very epec~aliced type of procuremant. The quality of the design esrvicas provided by tho design firm is the most important factor in determining the overall construction coats and life-cycle coete of a project. Since design services represent only a small percentage of the total project budget, a small increase in design fas can allow investigation of more alternatives and development Of clearer, more detailed plans. Better plane reduce tho element Of risk for tho CAmtraetor and lead to lower construction bids, fewer change orders, and better quality construction. Investigation c~ moro alternatives helps assure that the project will truly meet the ncede (~ In recommondin~ qualification besed eslsutton for public owners, the American Bar Amociation's Model l~'~curement Code for State and Local Government asyE "The principal rasec~ supporting this esloction procedure for services are the lack of a definitive scope of work for such esrv~cas at the time the selection is made and the importance of selecting the best qualified firm. In general, tho desisn firm is engaged to repmesnt the (state's) interest and is, therefore, in a different relationship with the (state) from that nora,ally existing in a buyer esllor situation. For these reasons, the qualifications, competence, and availability of the most qualified design professional are considered initially, and price negotiated later." In sddition, studies have shown that tho use of qualification based selection fir public pro!jecte is more efficient and less c~tly than the use of a system thor uses price as tho criterion to c~mpere firms. USE OF NONBINDING ESTIMATES The RFP may not request estimates of cost. The General A~asmbly has allowed public bodies to ask i for nonbinding estimates at the individual discussion stage, prior to the firms being ranked for negotiation, but after identifying two or more qualified firms. However, it is not intended that the effect be ranking firms on price rather than concept, experience and quahty. While the Attorney General has issued an opinion that nonbinding estimates may be used as a factor in ranking offerors for the negotiation sta~e, it is important to remember that they are nonbinding estinmtae. Thus, they should not be treated as bide. The major reason for not doing so is that at i the discussion sta~ the scope of the work is not well defined. Since the cost of the services is obviously driven by the scope of the work, the offerors are unable to give a reasonable estimate of the coot until the scope is clarified. This does not occur until the negotiation stage, and sometimes not until preliminary investigations or design has been performed. It is also important to note that while public bedies may ask for nonbinding estimates of cost at the individual discussion stage, there ia no requirement that they do su. Some believe that the use Ofa nonhinding estimate may become the dominant basis of comparison between firms, and this may threaten tho needed good faith relationship between owner and professional even before selection and contract negotiation. Smaller a~encies and localities without professionals on staff, and those that do not follow a rigorous pre-planning pro, ass, may not have the :ability to determine whether a proposed fee is adequate or excessive, and should keep in mind that allowing a professional the time/and fee to do a thorough job can save far more time and money in the long run. THE PROFESSIONAL SERVICES ..~ECTION OF THE VIRGINIA PUBLIC PROCUREMENT ACT IS MANDATORY FOR LOCAL GOVERNMENTS While the Act doze allow counties, cities, towns and school boards to adopt alternative procedures, as long as they are based on competitive principles, the Act also makes certain sections mandatory for local government. Section 11-35 (E) of the Act applies to counties, cities, school boards and towns over 3,500 for the procurement of profes~onal services where the cost of those services is expected to exceed 820,000. 11-37 CODE OF VIi~GINIA 11-37 History of Professional Services Procurement For two years Before the General Assembly approved the Virginia Public Procurement Act in 1981, a task force reviewed federal procurement law, the procurement laws of Virginia and several other states, and the American Bar Association Model Procurement Act, in order to draft a comprehensive public procurement statute for Virginia. Following pubhc hearings on the work of the task force, a final report .w. as issued on November 1, 1980. The final report states that No issue generated more comment during the course of the study than the procurement of professional engineering and architectural services." While the task force recommended that proouremen.t, ofprofsesional services be done through "competitive negotiation,' with price Being required to Be submitted with propozals, the engineers and architeots urged that price not Be considered until a firm is chosen based on qualifications. The design professionals also argued that it is not reasonable for the RFP to require an estimate of fee because the scope of the work is not suffidently defined at the RFP stage. Scope is normally resolved a~,er extensive discussions to reach a mutual understanding. As often happens in the legislative process, a compromise was reached and the procurement act, as passed, allowed a nonbinding estimate to be considered only after choosing ualified firme. The Act require, the use of the The Virginia qualification-based procedure for Public procurement of professional Procurement Act esr~cse. This is a process separate and distinct from competitive sealed bidding. Note the ~ollowing requiremente: -Tha RFP shall not request estimates for man hours or cost of services. The public Ixxty must select two or more offerors for individual interviews. During these individual interviews, offerors shall elaborate on thdr qualifications. The pubic body may discuss nonbinding estimatee of total project costs, including, but not limited to, life-cycle c~ting, and where appropriate, nonbinding estimates of price for services. The public body shall begin negotiations with the offeror ranked first. They may decide only one is to Be considered. It is rec~esd that the process of negotiation may bring to light additional needs or requirements not specifically mentioned in tho proposal, or that some services anticipated may not be required. Therefore, the Act requires a "fair and reasonable" price, not a contract based upon the nonbinding estimate. If it is determined that an agreement cannot be reached with the offeror ranked first, then negotiations must be formally terminated (by letter) and negotiations smr~d with the offeror ranked second. Om~ negotiation~ are t~rm/namd, the public body O~nnot gO baek to the flret r~,~lrad offeror. TMe puts preesure on both the public body and offeror to reach an agreement if at all poseible, since ~hey both know that if they cannot r~mch an agreement, the) other negotiatione fail. Recommended Procedure for Procuring Professional Services Under the Act: ISelection Process [Qualifications based selection is a fair and rational procedure that facilitates the selection of a design profsssionai for government pro. jecte based on qualifications and co.mpetenc, e in relation to t.he sc.ope . and needs of the particular project~ The procese, ev.o. lvce from multiple vanablce that must oe tmlorse to fit each specific project. It enhances commumcations between the owner and firms unaer consideration resulting in the selection of not only a qualified firm, but one that is compatible with the owner and the requirements of the project. In most instances, the process will include all or part of the following steps. Wor~ ~md tie RFP 2. ~d/ah th~ Il. Co.eSe a 4. 1~ N~ Following are the basic elements that normally will be included in the RFP for a public project: · Owner's name and contact person. · Project name or identification and location. · Evaluation criteria for selection and selection process. · Project outline, including intended size, function, capacity and other general anticipated requirements. Include such pertinent information as completed studies, surveys or description of other projects planned for the sits that could affect the scope. · Anticipated time frame, including completion of design work, beginning of construction, and planned project completion date. · Additional or unique requicements/considorations such as referenda, anticipated funding requiremonte and bud~tin~. · Submittal requirements: To simplify the task of comparing tho relative qualifications and experience of various firms, many owners have adopted the use of a standard form for the firms to use in providing this information. Tho etandard forms SF 254 and SF 255 as used by the Federal Government are recommended. Copias of these forms are available from the contacts listed in this brochure. These forms provide an overall profile of tho firm including size, experience, volume of businoze and area of speciaiiastion. They also generally describe the firm's experience with projecte of similar type and scope, and the special expertise of personnel who would be assigned to the project. '"D~ RerlU~t for Propocol shall not, however, reqaset that offerers furnish estimates of rnan.~urs or Establish a schedule for tho selection process, identifying target datas for steps 3 through 10 below. Minimum rosponss time to tho RFP is 10 days, as required by the Act. The RFP's requiring considerable specific information rather than general qualifications require more time. A list of compatible firms for direct eolidtation may be developed based on staff knowledgo of locai firms and through directarias of firms available from the CECAl, VSPE and the VSAIA. General solicitation through public notice is required by the Act by posting the Notice at least 10 daln prior to receipt of proposals "in o public area normally used for posting of public notices and by publication in a n~wepaper or new,papers of gensral circulation in th~ area in which the contract is to be performed a~ so to provide rco~onabic notice to th~ maximum number of offerors that can be re~onably anticipated to submit p~l* in response to the particular request." For major or highly specialized proj~cte, adv,,~ssment in Vi~inia Business Opportunities may be utilized to reach qo,li6ed firms statawida. l~.vaitmtiori criteria gonoral]y includ~ relevant experience and specific expertise; performance references on previous projecto; qualifications of coneuitant~ and staff; availability of key personnel; and, current and projected workloads tlmt would affect the firm's ability w perform the required wot] on schedule. If lx~ible, a staff pr~emonsl or co~sultent should be included in the evaluation proco~. "The public body shall engage in individual discassione with two or more offerors dser~ed fully qualif~d, responeibic and suitable on the basis of initial responses and with emphasis on professional competence, to provide the required services.' Note: The public body is not required to interview all the firms who respond. The number of firms to be interviewed (usually 3-4) depends in part on the size, scope and complexity of the project, the number of qualified submittals and also on the time available to complete the selection process. Great care should be taken to insure the ability of pro-soreening to select the best firms to be interviewed for spedflc projecte. The final selection can only be as good es the original aoreening. Since each firm should be given sufficient time - usually 45 minutes - to present its qualifications and since inter~ewz may repreeent a considerable investment in travel and/or the commitment of time for the firm's personnel, only tho~e that appear qualified to rake in the project should be interviewed. Pro-sorasning to limit the number of interviews to four or fewer is clearly to the advantage of the public body as well as the design firms. Theze flrn~ invited to interview should be given as much advance information as possible about the project, the size and makeup of the interviewing panel, allocation of time for presentation and for a queetion/answor period, which is very useful to both the owner and the design professional. It is recommended that a site/facility visitation be scheduled for the design firms to be interviewed. ~ should mk. place at least two week~ prior ~o the interviews to allow the firms to observe the situation and ask quastious before they finalize their presentation for the inter.ow. Cm~traet with Interviews are conducted al',,er the evaluation process has identified those firms with appropriate experience and qualifications for the project. The interviews provide an opportunity to compare the different appreachse to the design process and interpretations of the specific program to ser~e your needs. Interviews also allow for the comparison of the personal styles of each firm's mangers and key personnel, an important consideration, since the firm selected wili be closely associated with the client'o staff' over a period of monthl or ymul. For that reason, clients should request that key personnel who would actually he assi~l~ed to the project appear at the interview. For large projects it may he desirable to visit the firm,s office and/or recent projects. "On the basic of evaluation factors publiched in the Request for Propcoal and all information developed in the selection preceas to thi~ point, th~ public body shall select in the order of preferenee two or more of[~rore wh~e professional qualifications and proposed services are deemed rnast meritorious. ~Vegotiatians ~ then be conducted, beginning with the offeror ranked first. Ifa contract satisfactory and adoanta~eoo~ to the public body can be negotiated at a price considered fair and reasonable, the award s~ be ~'J- to that offeror. Otherwice, negotiations with the offeror ranked first shall be formalJy terminated and negotiation~ conducted with the offeror r~nhed second, and so on until such a contm~ can be usgotiated at a fair and reasonable price. Should the public body determine in writing ami in it~ ~ic di~re~n that only one offeror ie fully qualified, or that one offeror is clearly more highly qualified ami suitable than the others under con~ideraticn, a contract may be negotiated and awarded to that offeror. · It io important to understand that design professionals base their compensation on their anticipat~i direct and indirect costs for providing the services, plus a normal profit margin. Thus, if the fee requzeted by the top-ranked firm i~ higher then the amount the client can or will pay, it is reasonable and proper to review the scope of eervtc~ to determine whether all the services requested ars in fact The wonl~ "negotiated" and "fair and reasonable" imply a prco~s of give and take in which both the public body and offeror are fully satisfied with the arrangement. For more information re~ardin2 this publication please contact one of the following: Consultin~ Eneineer~ Council of Vireinia 611 Research Road Richmond, Virginia 23236 (804) 794-6822 Virginia Association of Counties 1001 East Broad Street, Suite LL20 Richmond, Virginia 23219 (804) 788-6652 Vireinia Municiual League 13 East Franklin Street Richmond, Virginia 23291 (804) 649-8471 Vireinia Society of the Americnn Institute of Architects 15 South Fifth Street Richmond, Virginia 23219 (804) 644-3041 Vireinia Soctet~ of Professions! Eneineers Heritage Building 1001 E. Main Street, Suite 625 Richmond, Virginia 23219-3536 (804) 780-2491 Xn addition to the above ox~anisntions~ a ~ thanks is extended to tho Vi~nle Aseoeia%ion of Governmental Purchadng (VAGP) for its participation in the Task Force which developed thi8 publication. Virg_inia Society of Profe ional Engineers Heritage Building 1001 E. Main StTeet Suite 625 Richmond, VA 23219-3536 Phone (804) 760-2491 FAX (804) 648-7109 A state society of the National Society of Professional Engineers February8,1993 City of Roanoke Office of the City Engineer Municipal Building, Room 350 215 Church Avenue, SW Roanoke, Virginia 2401 !-! 587 Attention: Philip C. Schirmer, P.E., L.S. Civil Engineer Dear Phil: Thank you for the opportunity to recommend the guidelines for the 'Procurement of Professional Services'. This document is the result of many hours of deliberation and much compromise between the publishing associations. The result is a very strong document that realizes the need for professional services and the appropriate procurement of those specialized services. It also outlines a very efficient and orderly manner that is fair and reasonable under a qualifications based procedure for procurement of professional services. Thank you again for the opportunity for allowing the Wginia Society of Professional Engineers, Roanoke Chapter to be involved by allowing our comments. It is indeed a pleasure to see municipalities working in conjunction with professional organizations in the appropriate solicitation for profeesic#ml services. ~6.incerely yours, . Pe~t Preelde~t/State Trea~ur~" PHO:p~ ATTACHMENT Bi AIA Blue Ridge A ChaCer ol The American Institute of Architects February, 18, 1993 Mr. Philip C. Schirmer Office of the City Engineer Room 350, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 93 Dear Phil, Thank you for your letter of February 1, 1993. The AIA Blue Ridge Board of Directors voted February 4th, 1993 to endorse the procedures recommended in the "GUIDELINES for the Procurement of Professional Services under the Virginia Public Procurement Act" published by the Virginia Society of the American Institute of Architects, Consulting Engineers Council of Virginia, Virginia Association of Counties, Virginia Municipal League and the Virginia Society of Professional Engineers. We strongly support the City of Roanoke portions therein. the adoption of these guidelines by in their entirety and not edited If we can be of any further assistance, please don't hesitate to ask. Very truly yours, Kevin L. Bertholf, Secretary, AIA Blue Ridge Pest Office Box 2556 Roanoke, Virginia 24010 Telephone 703 343-7535 ATTACHMENT B2 February 16, 1993 City of Roanoke Office of the City Engineer Municipal Building, Room 350 215 Church Avenue, SW Roanoke, Virginia 24011-1587 Attention: Philip C. Schirmer, P.E., L.S. CMl Engineer Dear Mr. Schirmer: The Construction Specification Institute is pleased to offer its recommendation to the Guidelines for Procuremer~ for Professional Sen4ce& This organization is comp(~ed of professionals and industry members which represent a la~ge section of the architectural and e~gineering communily. It is indeed a pleasure to see Roanoke tackle this difficult question and follow these professional guidelines under the Vkginia Public Procuremer~ Act, the recommendations layou~ el' the orderly and fair procedure in the pro(.e~___e of contracting with professional sewices. Thank you for the opportunity for CSI to preseffi to you our comrner~, and we hope they have been helpful Sincerely yours, PresiderS-Elect Roanoke Chapter NW:pc MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 4~6 Ro .anoke, Virginia 24011 Telephone: (703) 981-2341 SANDRA H. EAKIN Deputy City Clerk April ~5, 1993 File #20-77-200-247-258-405-514 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31406-041293 authorizing an amendment to the August 20, 1987 agreement with the Virginia Department of Transportation relating to the Wells Avenue Project U000-128-117, PE-101, RW-201, C-501; requesting the Virginia Department of Transportation to acquire all necessary rights-of-way for the project; and authorizing you to execute all necessary utility agreements in conjunction with such project. Ordinance No. 31406-041293 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 12, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Mr. William F. Clark, Director, Public Works Mr. Charles A. Price, Jr., Chairperson, City Planning Commission Mr. John R. Marlles, Chief, Community Planning Mr. Charles M. Huffine, City Engineer Ms. Marie T. Pontius, Grants Monitoring Administrator Mr. William L. Stuart, Manager, Streets and Traffic Mr. Robert K. Bengtson, Acting Manager, Signals and Alarms Ms. Dolores C. Daniels, Assistant to the City Manager for Community Relations Mr. Brian J. Wishneff, Chief, Economic Development IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 12th day of April, 1993. No. 31406-041293. AN ORDINANCE authorizing the amendment of the August 20, 1987 agreement with the Virginia Department of Transportation relating to the Wells Avenue , Project U000-128-117, PE-101, RW-201, C-501; requesting the Virginia Department of Transportation to acquire all necessary rights-of-way for the Project; authorizing the City Manager to execute all necessary utility agreements in conjunction with such project; and providing for an emergency. WHEREAS, by Ordinance No. 28745, dated July 7, 1987, this Council authorized the execution of an agreement with the Virginia Department of Transportation ("VDOT") relating to the Wells Avenue Project U000-128-117, PE-101, RW-201, C-501; and WHEREAS, the City and VDOT entered into an agreement on August 20, 1987 relating to this project; and WHEREAS, the City and VDOT now desire to amend the agreement to provide for VDOT to administer the right-of-way and construction phases of this project. THEREFORE, 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 amendment to the August 20, 1987 agreement with the Virginia Department of Transportation ("VDOT") providing for VDOT to administer the right-of-way and construction phases of the project. 2. The City of Roanoke requests the Virginia Department of Transportation to acquire all rights-of-way necessary for this project conveying said rights-of-way to the City at the appropriate time. 3. The City Manager and the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City to execute and attest, respectively, all necessary utility agreements required in conjunction with acquiring such rights of way. 4. In order to provide for the usual daily operations of the municipal government, ordinance shall be in an emergency is deemed to exist, and this full force and effect upon its passage. ATTEST: City Clerk. CITY C'" Roanoke, Virginia April 5, 1993 Honorable David A. Bowers, Mayor and Members of Council Roanoke, Virginia Dear Members of Council: SUBJECT: Amendment to the Agreement with the Virginia Department of Transportation for Administration of the Wells Avenue Project by the City of Roanoke Background: ae On April 13t 1987 City Council requested the Virginia Department of Transportation (VDOT) to program projects for roadway widening and realignment to include: 1. Wells Avenue, N.W. from Williamson Road to First Street, N.W. 2. First Street/Gainsboro Road from Madison Avenue, N.W. to Salem Avenue, S.W. and Intersection of Orange Avenue and Gainsboro Road. Be Redevelopment proposed for the Henry Street Area and improved access to downtown Roanoke required that a more expeditious method be found to proceed with improvements on First Street/Gainsboro Road and Wells Avenue. On July 27t 1987 City Council authorized agreements ("Agreement for Administering Project by Municipality") with the VDOT by which the City assumed responsibility for administering all aspects of the First Street/Gainsboro Road and Wells Avenue projects. Preliminary engineering phase would be generally handled on the normal 95%-VDOT and 5%-City cost-sharing basis (cost-sharing percentages in effect at that time). First Street alignment eventually shifted to Second Street. On December 16t 1992 City Council approved the location of the realignment of Wells Avenue, N.W. from Williamson Road to Second Street, N.W. Members of City Council Page 2 II. III. IV. Current Situation: Wells Avenue project schedule needs to be accelerated in an effort to have the new roadway substantially complete by the time the Hotel Roanoke/Conference Center project is ready to open in late-1994 or early-1995. This includes conducting the preliminary engineering and right-of-way acquisition processes simultaneously. VDOT can conduct right-of-way acquisition faster than the City of Roanoke due to a simpler in-house environmental site assessment (ESA) process. The City imposes upon itself a Phase I ESA process performed by consultants for every parcel it purchases, which often leads to additional time-consuming evaluation in a Phase II ESA process. "Agreement for Administering Prelect by Municipality" between the City and VDOT for Wells Avenue needs to be amended to allow VDOT to handle the right-of-way and construction phases of the Wells Avenue Project in order to meet the stringent time schedule. The preliminary engineering phase would continue to be administered by the City with its consultant, Mattern & Craig, Inc., Consulting Engineers. Issues: A. Timing B. VDOT C. Cost Alternatives: Authorize amendment to the "Agreement for Administering Project by Municipality" for the Wells Avenue project whereby VDOT would become responsible for right-of-way and construction phases. 1. Timing for the project is improved. 2. VDOT is agreeable to this arrangement. Members of City Council Page 3 Cost for right-of-way and construction should not change. City saves the expense of any environmental site assessments not covered by VDOT. Do not authorize amendment to the "Agreement for Administering Project by Municipality" for the Wells Avenue project whereby VDOT would become responsible for right-of-way and construction phases. 1. Timing of the project would be slowed due to City's need to conduct environmental site assessments. 2. VDOT would continue to monitor City's progress. Cost incurred by City for right-of-way and construction phases would be reimbursed by VDOT at prevailing percentage. .However, City would bear full cost of any environmental sate assessments that VDOT determines not to be a normal project expense. V. Recommendation: Am Authorize amendment to the "Agreement for Administering Project by Municipality" for the Wells Avenue project whereby VDOT would become responsible for right-of-way and construction phases. Request that the VDOT acquire all rights-of-way necessary for the project conveying said rights-of-way to Roanoke at the appropriate time. Authorize the City Manager to execute, on behalf of the City, all necessary utility agreements required An conjunction with acquiring such rights-of-way. Respectfully submitted, W. Robert Herbert City Manager WRH:RKB:jrm copy: City Attorney Acting Director of Finance Director of Public Works Office of Management & Budget City Engineer AGREEMENT FOR ADMINISTERING PROJECT BY MUNICIPALITY .... Wells Avenue THIS AGREEMENT, made and executed in duplicate as of this c~gD~'~-- day of ~O~ , 1987, between the COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION, hereinafter called the "Department" and the CITY OF ROANOKE, a municipal corporation of the Commonwealth of Virginia, hereinafter called the "City". W I T N E S SE T H: WHEREAS, the Department has adopted a six year improvement program for Fiscal Years 1987-88 through 1992-93 for urban highways, which includes an allocation of funds for an improvement project in the City, known as Wells Avenue, Project U000-~28-117, PE-101, RW-201, C-501 and referred to hereina.fter as the "Project"; and WHEREAS, the estimated cost is $200,000.00 for preliminary engineering, $800,000.00 for right-of-way acquisition and $2,000,000.00 for construction, for a total of $3,000,000.00; WHEREAS, the Department and the City desire to construct the project as expeditiously as possible and the City proposes to have the project completed within the time frame indicated in the Department's Six Year Improvement Program; NOW, THEREFORE, for and in consideration of the premises and mutual covenants and agreements contained herein, the parties hereto agree as follows: The Glty shall consult with, and act as the agent of, the Department in performing the preliminary engineering, right-of- way acquisition, and construction phases of the Project, specifically including the following: a. Performing the preliminary engineering, design and plan development necessary to award contract for the construction, and the administration, supervision and inspection of the construction of the Project through final acceptance, in accordance with Department procedures and policies, including settlement of any claims and disputes arising from the Project. Procure a contractor to construct the Project, in conformance with applicable provisions of the Virginia Public Procurement Act. The City agrees not to award a construction contract to any bidder unless its bid is within ten percent (10%) of the City's cost estimate, which is approved by the Department. The City agrees not to award such contract until the Department has accepted and approved the bid and the contractor, and until a standard Municipal-State agreement is executed. The City will agree to bear at least five percent (5%) of the cost of the Project. Department policy will govern the rate of participation for utilities and storm sewers. -2- c. Post a "notice of willingness to hold a public hearing" on the Project, conduct such a hearing, if necessary, and coordinate the Project with property owners in the Project area. d. Prepare an environmental impact assessment of the Project, including its impact on any historic structures, areas or landmarks, if any. e. Obtain any necessary permits for the Project. f. Acquire title to all right-of-way needed for the Project in the name of the City by purchase pr by eminent domain, if necessary, in conformance with State law. g. Provide relocation assistance to those whose propert~ is acquired for the Project in Relocation Assis~ance and Policies Act of 1972. conformance with the Uniform Real Property Acquisition h. Relocate utilities as necessary. i. Prepare plans for the Project to usual Department specifications, including such items as general notes, references to specifications and standards, typical sections, drainage plans, erosion and sediment control methods, profiles, cross sections, summaries, and the like. Submit each phase of work to the Department for review and approval as the project develops; allow Department personnel to inspect all phases of the project at all -3- times; submit any change 6rders to the construction Contract to the Department's Resident Engineer ' for approval. Receive Departmeht approval of any claims prior to settlement. 1. Maintain all appraisals, negotiation reports, relocation assistance files, closing statements, eminent domain records and the like for a period of three (S) years after completion of the Project. m. Maintain accurate records of the Project and documentation of all expenses for which reimbursement will be requested, and make such records available for inspection and/or audit by the Department at any time. n. Submit to the Department's Resident Engineer on a monthly basis an estimate of expenses expected to be incurred during the following months for preliminary engineering, right of way or construction. All preliminary engineering charges shall cease on the date contract is awarded. The final billing shall be made on the basis of actual costs, reconciling any differences with previous total estimated amounts. Such estimates or billings shall be accompanied by the Department's Form AS-5. o. Submit to the Department on a monthly basis certification of all expenses incurred and paid for on the Project during the preceding month. --4-- 2o a. Review each expeditious assistance. p. Maintain the Project upon its completion and acceptance, in accordance with the Municipal-State Agreement. q. In the event the project is terminated during any phase of work, the City will bear 100% of all costs expended to date of termination; The Department will coordinate with, cooperate with, and assist the City in implementing the Project, and specifically agrees to: phase of the Project and respond in an manner to requests from the City for b. Provide funds to the City on a monthly basis for expenses the City expects to incur on the Project or for the final billing, within thirty (30) days of receiving from the City an invoice of the expenses. c. Audit all Project costs and records as may be required or appropriate. d. Provide funding for the Project pursuant to the Municipal- State Agreement. Nothing herein shall be construed as creating any personal liability on the part of any officer, employee, or agent of the parties, nor shall it be construed as giving any rights or benefits to anyone other than the parties hereto. Neither party will use Federal funds to carry out its portions of the Project. -5- 5. This Agreement shall be binding upon the parties hereto, and their~respective successors and assigns. 6. Upon the execution of this Agreement by both parties, the City is hereby authorized to commence with the Project. IN WITNESSETH WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers. ATTEST: CITY OF ROANOKE CLERK CITY MANAGER WITNESS: COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION Approved as to form: ._~ C ITY~Y BY Todd E. LePage 7-22-87 ASSISTANT ATTORNEY GENERAL .~i~t~nt C','ty Attorney -6- MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Ro~moke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk April 15, 1993 File #32-67-183-217-472-514 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31407-041293 accepting the following bids for certain maintenance equipment; and rejecting all other bids received by the City: Quantity & Description Successful Bidder Total Purchase Price I - New Truck Cab/Chassis New 20-Ton Rated Dump Body to be mounted on above cab / ehasais Magic City Motor Corporation Truck Body Corporation $ 49,355.00 6,118.57 1 - New Cab/Chassis for Street Flusher Fulton Trucks 66,826.00 1 - New Street Flusher Richmond Machinery and 27,940.00 to be mounted on Equipment Co., Inc. above cab / chassis 3 - New Utility Bodies Truck Body Corporation 6,975.00 to be mounted on existing cab / chassis (@ $2,325.15) ~dr. W. Robert Herbert 'April 15, 1993 Page 2 Resolution No. 31407-041293 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 12, 1993. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. pc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Mr. William F. Clark, Director, Public Works Mr. William L. Stuart, Manager, Streets and Traffic Mr. Lynnis B. Vernon, Acting Manager, Parks and Grounds Mr. James A. McClung, Manager, Fleet and Solid Waste Management Mr. Kit B. Kiser, Director, Utilities and Operations Mr. D. Darwin Roupe, Manager, General Services Mr. Barry L. Key, Manager, Office of Management and Budget MARY F. PARKER City Cl¢~k~ ~/,~E CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2~41 SANDRA H. EAKIN Deputy City Clerk April'15, 1993 File #32-67-183-217-472-514 Cavalier Equipment Corporation Fulton Trucks MSC Equipment, Inc. Magic Center Motor Corporation McCormack International Trucks Mitchell Distributing Company Richmond Machinery and Equipment Co., Inc. Roanoke Welding Company Sanco/A Division of the Heil Company Truck Body Corporation Virginia Truck Center, Inc. Ladies and Gentlemen: I am enclosing copy of Resolution No. 31407-041293 accepting the following bids for certain maintenance equipment; and rejecting all other bids received by the City: Quantity & Description 1 = New Truck Cab/Chassis Successful Bidder Total Purchase Price Magic City Motor Corporation $ 49,355.00 1 - New 20-Ton Rated Dump Body to fie mounted on above cab/chassis Truck Body Corporation 6,118.57 1 = New Cab/Chassis for Street Flusher Fulton Trucks 66,826.00 1 - New Street Flusher to be mounted on above cab/chassis Richmond Machinery and Equipment Co., Inc. 27,940.00 3 - New Utility Bodies to be mounted on existing cab/chassis (~ $2,a25.15) Truck Body Corporation 6,975.00 Cavalier Equipment Corporation . Fulton Trucks MSC Equipment, Inc. Magic Center Motor Corporation McCormack International Trucks Mitchell Distributing Company Richmond Machinery and Equipment Co., Inc. Roanoke Welding Company Sanco/A Division of the Hell Company Truck Body Corporation Virginia Truck Center, Inc. April 15, 1993 Page 2 Resolution No. 31407-041293 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 12, 1993. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bids on the abovedescribed vehicular equipment. Sincerely Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of April, 1993. No. 31407-041293. A RESOLUTION accepting bids for certain maintenance equipment and rejecting certain other bids for such equipment. BE IT RESOLVED by the Council of the City of Roanoke that: I. The bids in writing of the following named bidders to furnish to the City the items hereinafter set out and generally described, such items being more particularly described in the City's specifications and any alternates and in each bidder's proposal, and the City Manager's report dated April 5, 1993, are hereby ACCEPTED, at the purchase prices set out with each item: Successful Total Pur- Quantity & Description Bidder chase Price 1 - New Truck Cab/Chassis Magic City Motor $ 49,355.00 Corporation 1 - New 20-Ton Rated Dump Truck Body $ 6,118.57 Body to be mounted on Corporation above cab/chassis 1 - New Cab/Chassis for Street Flusher Fulton Trucks $ 66,826.00 1 - New Street Flusher Richmond $ 27,940.00 to be mounted on Machinery & above cab/chassis Equipment Company, Inc. 3 - New Utility Bodies Truck Body $ 6,975.00 to be mounted on Corporation existing cab/chassis (@ $2,325.15) 2. The City's Manager of General Services is hereby authorized to issue the requisite purchase orders for the above- mentioned items, said purchase orders to be made and filled in accordance with the City's specifications, the respective bids made therefor and this measure, as more particularly set out in a report to this Council dated April 5, 1993. 3. Any and all other bids made to the City for the aforesaid items are hereby REJECTED; notify each such bidder appreciation for each bid. and the City Clerk is directed to so and to express to each the City's ATTEST: City Clerk. Roanoke, Virgi~%a iI?,,~ 31 f%1~'! '~!-? April 5, 1993--~ ' ' Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Bids to Purchase Trucks and Related Equipment, Bid Number 93-1-89 I. Background Equipment Replacement needs have been identified in the Capital Maintenance and Equipment Replacement Program. Identified Trucks and necessary to continue and responsibilities effective manner. Related EquiDment are to perform assigned duties in the most efficient and January~ 1992 specifications were developed and along with Request for Quotations sent to twenty- one vendors that are currently listed on the City's bid list. A public advertisement was also published in the Roanoke Times and Roanoke Tribune. Bids were received, after due and proper advertisement, until 2:00 p.m. on February 11, 1993, at which time all bids appropriately received were publicly opened and read in the Office of the Manager of General Services. II. Current Situation Eleven (11) responses were received. One (1) response offered a base bid and an alternate bid. Bid tabulation is attached. Ail bids received were evaluated in a manner by representatives of the departments: consistent following Public Works Fleet Management General Services Trucks and Related Equipment Bid Number 93-1-89 Page 2 Bid evaluations are as follows: Item #1 - One (1) New Truck Cab/Chassis for 20 Ton Dump for Grounds Maintenance Department. The lowest bid, submitted by McCormack International Trucks took exception to the engine size. This exception is substantial and cannot be waived as an informality. The second lowest bid, submitted by Magic City Motor Corporation meets all required specifications for a total cost, including freight charge, of $49~355.00. Item #2 - One (1) New 20 Ton Rated Dump Body to be mounted on Item #1. The lowest bid, submitted by Truck Body Corporation, meets all required specifications for a total cost of $6~118.57. Item #3 - One (1) New Cab/Chassis for Street Flusher for Grounds Maintenance Department. The lowest bid, the base bid submitted by McCormack International Trucks took exception to the engine size. This exception is substantial and cannot be waived as an informality. The second lowest bid, the alternate bid submitted by McCormack International Trucks took exception to tilt cab. This exception is substantial and cannot be waived as an informality. The third lowest bid submitted by Virginia Truck Center, Inc. took exception to engine size and rear axle rating. These exceptions are substantial and cannot be waived as informalities. The fourth lowest bid submitted meets all required specifications of $66,826.00. by Fulton Trucks for a total cost Item #4 - One (1) New Street Flusher Body to be mounted on Item #3. The lowest bid submitted by Richmond Machinery & Equipment Company, Inc. meets all required specifications for a total cost of $27,940.00. Trucks and Related Equipment Bid Number 93-1-89 Page 3 III. IV. Item #5 - Three (3) New Utility Bodies to be mounted on existing Cab/Chassis, Two (2) units for Building Maintenance Department and One (1) for Street Maintenance Department. The lowest bid, submitted by Truck Body Corporation, meets all required specifications for a total cost of $6,975.45. Current Situation A. Need B. Compliance with Specifications C. Fund availability Alternatives Council accept the lowest responsible bids meeting specifications for Trucks and Related Equipment as follows: Item #1 One (1) New Truck Cab/Chassis as submitted by Magic City Motor Corporation for the total cost of $49,355.00. Item #2 - One (1) New 20 Ton Rated Dump Body to be mounted on Item #1, as submitted by Truck Body Corporation for the total cost of $6,118.57. Item #3 - One (1) New Cab/Chassis for Street Flusher as submitted by Fulton Trucks for a total cost of $66,826.00. Item #4 - One (1) New Street Flusher to be mounted on Item #3, as submitted by Richmond Machinery & Equipment Company, Inc. for the total cost of $27,940.00. Item #5 - Three (3) New Utility Bodies to be mounted on existing Cab/Chassis as submitted by Truck Body Corporation for a total cost of $6~975.00. Need Requested equipment, which will replace old existing equipment, is needed to continue to perform required duties in various departments. Trucks and Related Equipment Bid Number 93-1-89 Page 4 We Compliance with Specifications - Those bids recommended by this alternative meets or exceeds required specifications. Fund availability - Funds are available in Fleet Management account 006-052-2641- 9010 to provide for the purchase of the above equipment. B. Reject all Bids· Need - Some required duties in various departments would not be accomplished in the most efficient manner. Compliance with Specifications would not be an issue in this alternative. Fund availability - Designated Funds would not be expended. Recommendation Council concur with Alternative "A" - accept the lowest responsible bids meeting specifications as follows: One (1) New Truck Cab/Chassis for 20 Ton Dump from Magic City Motor Corporation for the total cost of $49,355.00. One (1) New 20 Ton Rated Dump Body to be mounted on Item #1, from Truck Body Corporation for the total cost of $6,118.57. 3. One (1) New Cab/Chassis for Street Flusher from Fulton Trucks for a total cost of $66,826.00. One (1) New Street Flusher Body to be mounted on Item #3, from Richmond Machinery & Equipment Company, Inc. for the total cost of $27,940.00. Trucks and Related Equipment Bid Number 93-1-89 Page 5 cc: Three (3) New Utility Bodies to be mounted on existing Cab/Chassis, from Truck Body Corporation for the total cost of $6~975.00. B. Reject all other Bids. Respectfully Submitted, W. Robert Herbert City Manager Director of Finance City Attorney Office of Management and Budget MARY F. PARKER City Clerk, CMC/AAE 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 April .15, 1993 File #188-354-472 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31408-041293 accepting the bid of Southern Ambulance Builders, in the amount of $38,750.00, to furnish and deliver one new ambulance, and rejecting all other bids received by the City. Resolution No. 31408- 041293 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 12, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc o pc' Dr. Carol Gilbert, Operational Medical Director, Emergency Medical Services, P. O. Box 13367, Roanoke, Virginia 24053 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Mr. George C. Snead, Jr., Director, Public Safety Ms. Wanda B. Reed, Manager, Emergency Services Mr. Kit B. Kiser, Director, Utilities and Operations 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. Barry L. Key, Manager, Office of Management and Budget MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vir~/nia 24011 Telephone: (703) 981-2~41 SANDRA H. EAKIN Deputy City Clerk April 1,5, 1993 File #188-354-472 Mr. Jerry R. Stafford District Sales Manager Southern Ambulance Builders 833 New Franklin Road Lagrange, Georgia 30241 Dear Mr. Stafford: I am enclosing copy of Resolution No. 31408-041293 accepting the bid of Southern Ambulance Builders, in the amount of $38,750.00, to furnish and deliver one new ambulance, and rejecting ali other bids received by the City. Resolution No. 31408- 041293 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 12, 1993. f..~ ~ ~Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981.2541 SANDRA H. EAK1N Deputy City Clerk April 15, 1993 File #188-354-472 Mr. Richard Ashley Vice-President Chief's Fire and Rescue P. O. Box 305 Warrensville, North Carolina 238693 Mr. Forrest Cheek Director of Factory Sales National Ambulance Builders, Inc. 230 North Ortman Drive Orlando, Florida 32805 Dear Mr. Ashley and Mr. Cheek: I am enclosing copy of Resolution No. 31408-041293 accepting the bid of Southern Ambulance Builders, in the amount of $38,750.00, to furnish and deliver one new ambulance, and rejecting all other bids receivedby the City. Resolution No. 31408- 041293 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 12, 1993. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed vehicle. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of April, 1993. No. 31408-041293. A RESOLUTION accepting a bid made to the City for furnishing and delivering one new ambulance; 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 Southern Ambulance Builders, made to the City, offering to furnish and deliver to the City, f.o.b. Roanoke, Virginia, one new ambulance, meeting all of the City's specifications and requirements therefor, for the total bid price of $38,750.00, 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 and directed to issue the requisite purchase order therefor, incorporating into said order the City's specifications, the terms of said bidder's proposal, and the ~erms and provisions of this measure, as more particularly set out in a report to this Council dated April 12, 1993. 3. Any and all other bids made to the City for the aforesaid equipment are hereby REJECTED; notify each such bidder and appreciation for each bid. and the City Clerk is directed to to express to each the City's ATTEST: City Clerk. Roanoke, Virginia April 12, Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Bids to purchase Ambulance, Bid No. 93-2-129 I. Backqround Emerqency Medical Services Advisory Committee recommended replacement of one ambulance annually. Increased demand for emergency medical services results in higher mileage and maintenance cost. Equipment reliability is essential to maintain service delivery standards. Bid specifications were developed and along with request for quotations were sent to eleven (11) vendors that manufacture this product. A public advertisement was also published in the Roanoke Times and Roanoke Tribune. Bids were received in the Office of the Manager of General Services, after due and proper advertisement. All bids appropriately received were publicly opened and read at 2:00 p.m. on March 18, 1993. Bid tabulation is attached. II. Current Situation Ail bids were evaluated in a consistent manner by representatives of the following departments: Public Safety Emergency Services General Services Bid evaluations have determined that the lowest bid, submitted by Southern Ambulance Builders, meets all required specifications for the total cost of $38,750.00. III. Issues A. Need Ambulance Bid No. 93-2-129 Page 2 IV. B. Compliance with Specifications C. Fund Availability Alternatives Council accept the lowest responsible bid meeting specifications for one (1) new ambulance as submitted by Southern Ambulance Builders for the total cost of $38r750.00. Need - This unit is needed to continue to provide Emergency Medical Services to the citizens of the City of Roanoke. Compliance with Specifications The unit recommended in this alternative meets all required specifications. Fund Availability - Designated funds are available in Fleet Management Account 006-052- 2641-9010 to provide for this purchase. B. Reject Ail Bids. Need The services that are to be provided would not be provided in the most effective and efficient manner. Compliance with Specifications would not be a factor in this alternative. Fund Availability - Designated funds would not be expended under this alternative. Recommendation Council concur with alternative "A" award the lowest responsible bid for one (1) new ambulance to Southern Ambulance Builders for a total cost of $38,750.00. Ambulance Bid No. 93-2-129 Page 3 cc: B. Reject all other Bids. City Attorney Director of Finance Management and Budget Respectfully Submitted, W. Robert Herbert City Manager MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telei~hone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk April .15, 1993 File #60=246-236 Mr. James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31409-041293 amending and reordaining certain sections of the 1992-93 Consortium Fund Appropriations, providing for appropriation of $105,000.00, in connection with reallocated funds for Title II-B, Title III and Title III-40% to the Fifth District Employment and Training Consortium by the Governor's Employment and Training Department. Ordinance No. 31409-041293 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 12, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Mr. W. Robert Herbert, City Manager Ms. Corinne B. Gott, Acting Director, Human Development Ms. Vickie L. Price, Administrator, Fifth District Employment and Training Consortium Mr. Barry L. Key, Manager, Office of Management and Budget Ms. Marie T. Pontius, Grants Monitoring Administrator 1992-93 emergency. WHEREAS, IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA The 12th day of April, 1993. No. 31409-041293. AN ORDINANCE to amend and reordain certain sections of the Consortium Fund Appropriations, and providing for an for the usual daily operation of the Municipal city of Roanoke, an emergency is declared to Government of the exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1992-93 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Apmrooriations Fifth District Employment & Training Consortium - FY 93 (1-8) Revenue Fifth District Employment & Training Consortium - FY 93 (9-11) $2,116,864 $2,116,864 1) Wages 2) Wages 3) Fringes 4) Travel 5) Communications 6) Supplies 7) Funding Authority 8) Funding Authority 9) Title II-B 10) Title III 11) Title III 40% (034-054-9365-8350 (034-054-9365-8050 (034-054-9365-8051 (034-054-9365-8052 (034-054-9365-8053 (034-054-9365-8055 (034-054-9381-9990 (034-054-9382-9990 (034-034-1234-9379 (034-034-1234-9381 (034-034-1234-9382 $ 7,500 33,564 6,174 1,000 1,750 12 30,000 25,000 50,000 30,000 25,000 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. .~ April 1~ 1993 C, ITY ~'" ..... Honorable Mayor and City Council'93 AP~-8 A~J '~58 Roanoke, Virginia Members of Council: SUBJECT: Funding for the Fifth District Employment and Training Consortium I. BACKGROUND ao The Governor's Employment and Training Department (GETD) has reallocated Title II-B funds to the Fifth District Employment and Training Consortium (FDETC). These monies will provide training and support for the Summer Youth Employment Program. The GETD has reallocated Title III funds to the FDETC. These funds will provide retraining, as well as supportive services, for dislocated workers in the Fifth Planning District. The FDETC estimates that approximately 20 clients will be served. Co The Virginia Employment Commission (VEC) has allocated additional Title III 40% funding to the FDETC. These funds will provide retraining and supportive services for approximately 35 workers laid off from Gardner Denver and the Covington Leggett department store. City of Roanoke is the grant recipient for FDETC funding. City Council must appropriate the funding for all grants the FDETC receives. II. CURRENT SITUATION ao GETD sent the FDETC Notice of Award (NOA) # 93-03-07 in the amount of $50.000.00 in Title II-B reallocated funds from Program Year 1991. Bo FDETC received the NOA #E-04 from the GETD in the amount $30,000.00 in Title III reallocated funds from Program Year 1992. C. FDETC received notification of an increase in Title III 40% funds in the amount of $25,000.00 from the VEC. III. ISSUES A. Program Operations B. Funding C. Timing IV. ALTERNATIVES Vo Appropriate the FDETC's funding for the Title II-B, III, and III-40% reallocated funding totalling $105.000.00 and increase the revenue estimate by $105,000.00 in accounts to be established by the Acting Director of Finance. Program Operations Existing programs will continue, planned programs will be implemented, and new programs will be initiated by FDETC's Policy Board and Private Industry Council. 2. Funding Funds are available from the Grantor agency at no additional cost to the City. Timing Immediate action will allow programs to continue and be completed within planned time frames. Do not appropriate the FDETC's funding for the Title II- B, III, and III-40% reallocated funding totalling $105,000.00. 1. Program Operations - Planned programs to serve participants would be delayed. 2. Funding - Not a factor. Timing - Delay will cause late start-up of programs and underexpenditure of available funds. RECOMMENDATION Approve Alternative A: Appropriate the FDETC's funding for the Title II-B, III. and III-40% reallocated funding totalling $105,000.00 and increase the revenue estimate by $105,000.00 in accounts to be established by the Acting Director of Finance. Respectively submitted, W. Robert Herbert City Manager CBG:lr cc: Acting Director of Finance City Attorney Acting Director of Human Development MARY F. PAIO~ER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telel~hone: (703) 981-2~41 SANDRA H. EAYdN Deputy City Clerk April 1_5, 1993 File #60-5-133 Mr. James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31410-041293 amending and reordaining certain sections of the 1992-93 Grant Fund Appropriations, providing for appropriation of $26,416.00, representing funds received from the U. S. Department of Justice, Forfeited Property Sharing Program. Ordinance No. 31410-041293 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 15, 1993. Sincerely, /?_~A.~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: The Honorable Donald S. Caldwell, Commonwealth's Attorney Mr. W. Robert Herbert, City Manager Mr. George C. Snead, Jr., Director, Public Safety Mr. M. David Hooper, Police Chief Mr. Barry L. Key, Manager, Office of Management and Budget Government of the exist. IN THE COUNCIL OF THE CITY OF ROi%NOKEt VIRGINIA The 12th day of April, 1993. No. 31410-041293. AN ORDINANCE to amend and reordain certain sections of the 1992-93 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1992-93 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Public Safety Federal Investigation Subsidy Revenue Public Safety Federal Investigation Subsidy (2) .................. $ 1,378,865 704,367 $ 1,378,865 704,367 1) Investigations and Rewards 2) Federal Investigation Subsidy (035-050-3300-2150) $26,416 (035-035-1234-7060) 26,416 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. CITY, r,~: Roanoke, Virginia April 18, 1993 '93 / PP, -8 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Sharing Federally Forfeited Property I. Backqround: Conqress amended 21 USC. Sec. 881 el-4, October, 1986, which authorized the transfer of certain federally forfeited property to state and local law enforcement agencies that participated in the investigation and seizure of the property. Application for an equitable share of property seized by local law enforcement must be made to the U. S. Department of Justice and certified by the City Attorney as to the appropriate agency and representative to receive the property and that the transfer is not prohibited by state and local law. Property <including funds shared with state and local agencies) may be used only for the purpose stated in the application, i.e., narcotics investigations related to law enforcement. The aqency requesting the transfer of property agrees to pay fees and expenses necessary to effect the transfer. January 4, 1988, Council, at its regular meeting, authorized the Director of Finance to establish grant fund accounts from which funds may be dispersed in accordance with provisions of this program. II. Current Situation: Police Department periodically from the sharing program. receives additional funds federal government's asset City Council action is needed to funds to be dispersed in provisions of the program. accept additional accordance with Mayor and Members of Council Subject: Sharing Federally ForfeitedProperty Page 2 III. Revenues collected through March 22, 1993, for this grant are $704,366.61 and deposited in Grant Account Number 035-035-1234-7060. Current revenue estimated is $677,951.00. Funding received in excess of the estimated revenue which totals $26,416.00 needs to be appropriated at this time. Expenditures from this grant through March 22, 1993 are $443~669.10. IV. A. Need B. Funds Availability Alternatives: City Council accepted additional ($26,416.00) funds from U. S. Department of Justice, Forfeited Property Sharing Program and authorize the Director of Finance to establish appropriate accounts so that funds can be expended in accordance with program requirements. Need exists to provide additional funds and equipment to enhance undercover narcotics control investigations. Fund availability will be controlled by effectiveness of investigations through assets seized and forfeited in Joint investigations with federal agencies. B# City Council reject assets from Federal Forfeiture Sharing Program and not authorize Director of Finance to establish appropriate accounts for such assets. Need for supplemental funds enabling increased effectiveness of undercover drug enforcement will not be met. Funds will not be applied for or received from the Federal Forfeiture Sharing Program. Recommendation is that to accept assets from Sharing Program and: Council approve Alternative "A" the Federal Forfeited Property Subject: Mayor and Members of Council Sharing Federally Forfeited Property Page 3 Appropriate $26,416.00 to the following grant fund account: Investigations and Rewards (035-050-3300-2150)... Increase the revenue estimate for this grant by $26,416.00 (Account 035-035-1234-?060)- WRH:MDH:kt Respectfully submitted, W. Robert Herbert City Manager City Attorney Director of Finance Director of Administration/Public Safety MARY F. PARKER City Clerk, CMC/AAE 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 April ~5, 1993 File #405=468 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31411-041293 approving issuance of Change Order No. 2 to the City's contract with Mattern & Craig, Inc., for Design and Contract Administration of the Zebra Mussel Control Facility, in the amount of $48,100.00, as more fully set forth in your report under date of April 12, 1993, in connection with Carvins Cove Filter Plant Improvements - Phase I. Ordinance No. 31411-041293 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 12, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Mr. Kit B. Kiser, Director, Utilities and Operations Mr. M. Craig Sluss, Manager, Water Department Mr. D. Darwin Roupe, Manager, General Services Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffino, City Engineer Mr. L. Bane Coburn, Project Manager Mr: W. Robert Hel~bert April 15, 1993 Page 2 pc: Ms. Sarah E. Fitton, Construction Cost Technician Mr. Barry L. Key, Manager, Office of Management and Budget Ms. Dolores C. Daniels, Assistan~ to the City Manager for Community Relations MARY F. City C~erk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 21 $ Church Avenue, S.W., Room 4~6 Roanoke, Vir~ia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk April ~5, 1993 File #405-468 Mr. Stewart W. Hubbell Vice President Mattern and Craig, Inc. 701 First Street, S. W. Roanoke, Virginia 24011 Dear Mr. Hubbell: I am enclosing copy of Ordinance No. 31411-041293 approving issuance of Change Order No. 2 to the City's contract with Mattern & Craig, Inc., for Design and Contract Administration of the Zebra Mussel Control Facility, in the amount of $48,100.00, as more fully set forth in a report of the City Manager under date of April 12, 1993, in connection with Carvins Cove Filter Plant Improvements - Phase I. Ordinance No. 31411-041293 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 12, 1993. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of April, 1993. No. 31411-041293. A RESOLUTION approving the City Manager's issuance of Change Order No. 2 to the City's engineering contract with Mattern & Craig, Inc., for the Design and Contract Administration of the Zebra Mussel Control Facility. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 2 to the City's contract with Mattern & Craig, Inc. for the Design and Contract Administration of the Zebra Mussel Control Facility, in the total amount of $48,100.00, as more fully set forth in the City Manger's report to this Council dated April 12, 1993. ATTEST: City Clerk. '93 /~PR-7 .~]t:37 Roanoke, Virginia April 12, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: CHANGE ORDER NO. 2 PROFESSIONAL SERVICES FOR CARVINS COVE FILTER PLANT IMPROVEMENTS: PHASE I I. Backqround of this project is as follows: City Council, at the August 26, 1991 meeting, approved an engineering services contract with Mattern & Craig, Inc., and Alvord, Burdick & Howson as their consultants, in the total amount of $1,969~400.00 and 180 consecutive calendar days. February 22, 1993, City Council approved Change Order No. 1 to the contract for design work required to comply with the 1993 Soil Erosion Control Regulations plus other work to comply with the County of Roanoke requirements before a building permit would be issued. The additional design fee for this work was approved by Council on February 22, 1993, in the amount of $14,764.89 bringing the total fee to date to $1,984,164.89. II. Current situation is as follows: City Council has been informed several times in the past of the real threat of an invasion of the zebra mussel. It is important that the Zebra Mussel Control Facility be designed and priced as soon as possible. This will permit the installation of the chemical feed lines to parallel the new raw water line from the filter plant to the intake structure at the face of the dam. This will be the first facility of this type to be installed in the State of Virginia. B. Construction now as part of the overall improvement should result in the least possible construction cost. Honorable Mayor and Members of City Council RE: CHANGE ORDER NO. 2 CARVINS COVE FILTER PLANT IMPROVEMENTS - PHASE I Page 2 III. Issues in order of importance are: A. Engineering concerns B. Funding C. Timing IV. Alternatives are as follows: Approve the issuance of Change Order No. 2 to the engineering services contract with Mattern & Craig, Inc., and their consultant to design a Zebra Mussel Control Facility for the sum of $48,100.00 and thirty (30) consecutive calendar days. Engineerinq concerns would be met. The consultants will meet with the Virginia Department of Health, the Water Control Board and the Department of Game and Inland Fisheries to focus on what control method the Virginia Department of Health and other agencies will permit; then to design a logical means of accomplishing the control for Carvins Cove intake facility. (In this regard, Alvord, Burdick & Howson have designed facilities for municipalities that use the Great Lakes for their water supply.) Funding in the amount of $48~100.00 is available in the present account with Mattern & Craig, Inc., under the Engineering Feasibility Report account, originally set aside for Mattern & Craig, Inc., to assist in the bond issue. Timing is so the chemical feed lines can be installed at the time the raw water main is installed. In addition, the chemical feed at the point of raw water intake at the dam can be installed at the same time the new intake screens are installed. Honorable Mayor and Members of City Council RE: CHANGE ORDER NO. 2 CARVINS COVE FILTER PLANT IMPROVEMENTS - PHASE I Page 3 Reject the issuance of Change Order No. 2 and do not authorize the additional services to design, bid and supervise the installation of the Zebra Mussel Control Facility at this time. Enqineering concerns would not be met in a timely fashion. The Zebra Mussel Control Facility would not be designed and bid at this time. 2. Fundinq would not be encumbered at this time. Timinq for the installation of the Control Facility would not be accomplished at the most economical phase of the work. It is estimated that the Zebra Mussel Control Facility will add from $250,000.00 to $300,000.00 to the contract at the time the initial construction is being performed. It will increase the installation cost considerably if the work is done after the Phase I contract is completed. Recommendation is that City Council take the following action: A. Concur with the implementation of Alternative A. Authorize the City Manager to issue Change Order No. 2 to the engineering contract with Mattern & Craig, Inc., (and their consultant Alvord, Burdick & Howson) in the amount of $48,100.00 and thirty (30) consecutive calendar days for the Design and Contract Administration of the Zebra Mussel Control Facility. Respectfully submitted, W. Robert Herbert City Manager WRH/LBC/fm Honorable Mayor and Members of City Council RE: CHANGE ORDER NO. 2 CARVINS COVE FILTER PLANT IMPROVEMENTS PHASE I Page 4 cc: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations Manager, Management & Budget Manager, Water Department City Engineer Citizens' Request for Services Construction Cost Technician MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 21~ Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk April 15, 1993 File #216-236-247-249-258-335 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31412-041293 authorizing you to execute a Memorandum of Agreement with Virginia Tech Real Estate Foundation, the Virginia Department of Historic Resources and the National Advisory Council on Historic Preservation relating to the loan of federal funds for the Hotel Roanoke rehabilitation, as more particularly set forth in your report under date of April 12, 1993. Resolution No. 31412-041293 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 12, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: The Honorable James G. Harvey, II, Chairperson, Hotel Roanoke Conference Center Commission Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Mr. Brian J. Wishneff, Chief, Economic Development Ms. Dolores C. Daniels, Assistant to the City Manager for Community Relations Mr. Barry L. Key, Manager, Office of Management and Budget Ms. Marie T. Pontius, Grants Monitoring Administrator MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 21~ Church Avenue, S.W., Room 456 Roitnoke, Virginia 24011 Telephone: (703) 981-2~41 SANDRA H. EAKIN Deputy City Clerk April 15, 1993 File #216-236-247-249-258 Mr. Robert D. Bush Executive Director National Advisory Council on Historic Preservation The Old Post Office Building 1100 Pennsylvania Avenue, N. W. Suite 809 Washington, D. C. 20004 Dear Mr. Bush: I am enclosing copy of Resolution No. 31412-041293 authorizing you to execute a Memorandum of Agreement with Virginia Tech Real Estate Foundation, the Virginia Department of Historic Resources and the National Advisory Council on Historic Preservation relating to the loan of federal funds for the Hotel Roanoke rehabilitation, as more particularly set forth in a report of the City Manager under date of April 12, 1993. Resolution No. 31412-041293 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 12, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. MARY F. pA~lC~ City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2:541 SANDRA H. EAKIN Deputy City Clerk April 15, 1993 File #216-236-247-249-258 Mr. H. Bryan Mitchell Deputy State Historic Preservation Officer Virginia Department of Historic Resources 221 Governors Street Richmond, Virginia 23219 Dear Mr. Mitchell: I am enclosing copy of Resolution No. 31412-041293 authorizing you to execute a Memorandum of Agreement with Virginia Tech Real Estate Foundation, the Virginia Department of Historic Resources and the National Advisory Council on Historic Preservation relating to the loan of federal funds for the Hotel Roanoke rehabilitation, as more particularly set forth in a report of the City Manager under date of April 12, 1993. Resolution No. 31412-041293 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 12, 1993. Sincerely, /~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc, MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 April 15, 1993 SANDRA H. EAKIN Deputy City Clerk File #216-236-247-249-2§8 Dr. Raymond D. Smoot, Jr. Vice President for Business Affairs and Treasurer 312 Burruss Hall Virginia Tech Blacksburg, Virginia 24061-0142 Ms. Margie W. Thomas Secretary of Virginia Tech Board of Visitors 210 Burruss Hall Virginia Tech Blacksburg, Virginia 24061-0142 Dear Ms. Thomas and Dr. Smoot: I am enclosing copy of Resolution No. 31412-041293 authorizing you to execute a Memorandum of Agreement with Virginia Tech Real Estate Foundation, the Virginia Department of Historic Resources and the National Advisory Council on Historic Preservation relating to the loan of federal funds for the Hotel Roanoke rehabilitation, as more particularly set forth in a report of the City Manager under date of April 12, 1993. Resolution No. 31412-041293 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 12, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of April~ 1993. No. 31412-041293. A RESOLUTION authorizing the City Manager to execute a Memorandum of Agreement with Virginia Tech Real Estate Foundation, the Virginia Department of Historic Resources and the National Advisory Council on Historic Preservation relating to the loan of federal funds for the Hotel Roanoke rehabilitation. WHEREAS, by Resolution 30671-82691, this Council authorized the application for the loan of federal funds pursuant to Part 570, Chapter V, Title 24, Code of Federal Regulation and the investment of such funds in the Hotel Roanoke project; WHEREAS, Section 106 of the National Historic Preservation Act of 1966 requires that any project assisted by federal funds be reviewed by the State Historic Preservation Office ("SHPO") for impacts on historic properties in order to avoid unnecessary harm to historic properties from federal actions; and WHEREAS, as a part of the SHPO's review of the impact of the renovation on the Hotel Roanoke, a Memorandum of Agreement is required to address the historic preservation issues of the hotel renovation. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest respectively, the Memorandum of Agreement with Virginia Tech Real Estate Foundation, the Virginia Department of Historic Resources and the National Advisory Council on Historic Preservation, such agreement to be in substantially the form set forth in the report to this Council from the City Manager dated April 12, 1993 and approved as to form by the City Attorney. ATTEST: City Clerk April 12, 1993 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Council Members: Subject: Hotel Roanoke/Conference Center Project I. BACKGROUND: City Council authorized an application to HUD for a Section 108 loan of $6,000,000 toward the renovation of the Hotel Roanoke, by Resolution 30671-82691 on August 26, 1991. Section 108 Loan guarantee was approved by HUD on September 30, 1991. These federal funds, like CDBG funds, trigger many federal regulations in the course of renovation of the hotel. One set of regulations addresses preservation of historic properties. D. Section 106 of the National Historic Preservation Act of 1966 requires that any project assisted with federal funds be reviewed by the State Historic Preservation Office for impacts on historic properties. The purpose of Section 106 is to avoid unnecessary harm to historic properties from federal actions. II. CURRENT SITUATION: III. ae As a part of the State's review of the impact of the renovation on the Hotel Roanoket a Memorandum of Agreement (MOA) is required to address the historic preservation issues of the hotel renovation. Such a MOA has been negotiated and agreement reached among the Virginia Tech Real Estate Foundation, the Virginia Department of Historic Resources, the National Advisory Council on Historic Preservation and the City. By federal regulations, this MOA must be executed prior to any work beginning on the Hotel. ISSUES: A. Timing Members of Council page 2 B. Legal C. Cost to the City D. Compliance with federal regulations IV. ALTerNATIVES: ae Authorize the City Manager to execute the attached MOA among the Virginia Tech Real Estate Foundation, the Virginia Department of Historic Resources, the National Advisory Council on Historic Preservation and the City of Roanoke. Timing is critical since asbestos abatement work and interior demolition cannot be started until MOA is signed. Legal issues have been addressed by the City Attorney's review of MOA. Cost to the City would be the cost of normal oversight of a federally-funded historic project; provided by CDBG funds. 4e Compliance with federal regulations would be addressed for the historic preservation issue. Be Do not authorize the City Manager to execute the attached MOA. Timing would be an issue, if Council still intends to use federal funds on project. Lack of a signed MOA would delay start of construction. e Legal issues of the MOA would not be an issue if it were not signed. e Cost to the City would potentially be $6,000,000 if the federal Section 108 loan funds could not be used. Compliance with federal regulations would be problematic if federal funds were still used on the project. REC(X~ENDATION: Recommend that City Council concur in Alternative A and authorize the City Manager to execute the attached MOA among the Virginia Tech Real Estate Foundation, the Virginia Members of Council page 3 Department of Historic Resources, the National Advisory Council on Historic Preservation and the City of Roanoke. Respectfully submitted, W. Robert Herbert City Manager attachment WRH/MTP cc: Assistant City Manager City Attorney Acting Director of Finance Chief of Economic Development Grants Monitoring Administrator MF:HOTEL.RPT This Memorandum of Agreement, made and entered into this __ day of , 1993, by and between the CITY OF ROANOKE ("City"), a municipal corporation, the VIRGINIA TECH REAL ESTATE FOUNDATION, INC. ("Foundation"), the VIRGINIA STATE HISTORIC PRESERVATION OFFICE ("SHPO") and the ADVISORY COUNCIL ON HISTORIC PRESERVATION ("Council"). W I TNE S SETH: WHEREAS, the City and the Foundation propose undertaking the rehabilitation of the Hotel Roanoke ("Hotel"), a property located in the City of Roanoke; and WHEREAS, it is agreed that the Hotel satisfies the criteria for listing on the National Register of Historic Places; and WHEREAS, the City proposes to support this undertaking through its Community Development Block Grant (CDBG) program, with funds to be borrowed from the Department of Housing and Urban Development under Section 108, Title I of the Housing and Community Development Act of 1974 ("program funds"); and WHEREAS, the definitions set forth in Appendix 1 are applicable throughout this Memorandum of Agreement; and WHEREAS, the City has determined that the undertaking will constitute an adverse effect on the Hotel, in that it will require demolition of the ballroom; and WHEREAS, alternative design solutions that would not require demolition of the ballroom have been proposed, evaluated, and found not to be prudent and feasible alternatives; and WHEREAS, the City and Foundation have consulted with the SHPO and the Council pursuant to 36 CFR 800.13 of the regulations implementing Section 106 of the National Historic Preservation Act (16 U.S.C. 470f); NOW, THEREFORE, the City, the SHPO, the Foundation and the Council agree that the undertaking shall proceed in accordance with the following terms and conditions to satisfy the City's Section 106 responsibilities: STIPULATIONS The City will not support the proposed rehabilitation with program funds if the Foundation fails to carry out any of its requirements under stipulations 1, 2, 4 and 5 below: 1. Demolition of the ballroom at the hotel will not take place until the ballroom and its ancillary spaces, including the Peacock Gallery and the secondary meeting rooms, are recorded so that there will be a permanent record of its history and appearance. All documentation, including photographs and measured drawings, must be accepted by the Historic American Buildings Survey (HABS) and by the SHPO, and the Council shall be notified of this acceptance. The rehabilitation of the Hotel, shall comply with the Secretary of the Interior's recommended approaches to rehabilitation set forth in the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. Plans and specifications for the rehabilitation will be submitted to the SHPO for review and comment, at the 30% design development state, and at the 60% state, and as final plans and specifications prior to commencement of the project. The SHPO shall make its comments within 15 days of submission. The City agrees that new construction adjacent to the Hotel, shall comply with the Secretary of the Interior's recommended approaches to new construction set forth in the Secretary of the Interior's Standards for Rehabilitation and Guidelines for e Rehabilitating Historic Bulldinqs. Plans and specifications for the new construction will be submitted to the SHPO for review and comment prior to commencement of the project. SHPO shall make its comments, if any, within fifteen (15) days of submission. At any time during implementation of the measures stipulated in this Agreement, should an objection to any such measure or its manner of implementation be raised by a member of the public, the City and the Foundation shall take the objection into account and consult as reasonably necessary with the objecting party and with the SHPO, to attempt to resolve the objection· Any party to this Agreement may request that it be amended, whereupon the parties will consult in accordance with 36 CFR 800.13 to consider such an amendment. Should the SHPO object within fifteen (15) days to any plans provided for review or actions proposed pursuant to this Agreement, the City and the Foundation shall consult with the SHPO to resolve the objection. If the City and the Foundation determine that the objection cannot be resolved, the City shall request the further comments of the Council pursuant to 36 CFR 800.6 (b). Any Council comment provided in response to such request will be taken into account by the City in accordance with 36 CFR 800.6 (c)(2) with reference only to the 3 subject of dispute; the City's responsibility to carryout all actions under this Agreement that are not the subjects of the dispute will remain unchanged. Execution and implementation of this Agreement evidences that the City has afforded the Council a reasonable opportunity to comment on the program and that the City has taken into account the effects of the program on historic properties. ADVISORY COUNCIL ON HISTORIC PRESERVATION By: Date: Robert D. Bush Executive Director CITY OF ROANOKE By: Date: W. Robert Herbert City Manager VIRGINIA STATE HISTORIC PRESERVATION By: H. Bryan Mitchell Deputy State Historic Preservation Officer Date: VIRGINIA TECH REAL ESTATE FOUNDATION By: Its Date: 4 Approved as to form Assistant (~ity Attorney APPENDIX 1 DEFINITIONS HISTORIC PROPERTY - means any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register of Historic Places. The term "eligible for inclusion in the National Register of Historic Places" includes both properties formally determined as such by the Keeper of the National Register and all other properties that meet the National Register listing criteria. NATIONAL REGISTER - means the National Register of Historic Places maintained by the Secretary of the Interior. NATIONAL REGISTER CRITERIA - means the criteria established by the Secretary of the Interior for use in evaluating the eligibility of properties for the National Register (36 CFR Part 60): Criterion A: Properties that are associated with events that have made significant contribution to the broad patterns of our history. Criterion B: Properties that are associated with the lives of persons significant in our past. Criterion C: Properties that embody the distinctive characteristics of a type, period, or method of construction or that represent a significant and distinguishable entity whose components may lack individual distinction. Criterion D: Properties that have yielded, or may be likely to yield, information important in prehistory or history. FEASIBLE means capable of being dealt with successfully with reasonable consideration given to condition, integrity, proposed costs, scope of necessary work, and location and setting. ~XRY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2~011 Telephone: (703) 981-2~41 SANDRA H. EAKIN Deputy City Clerk April .15, 1993 File #24-50-§1-200-249 Mr. Robert L. Laslie Vice President - Supplements Municipal Code Corporation P. O. Box 223§ Tallahassee, Florida 32304 Dear Mr. Laslie: I am enclosing copy of Chapter 216 of the Acts of Assembly of 1952, amending the City Charter, for inclusion in the next supplement to the Code of the City of Roanoke (1979), as amended. With kindest regards, I am Sincerely, ~0~-~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. CITY OF ROANOKE OFFICE OF CITY ATrORNEY IT 464 MUNICIPAL BUILDING ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 703-981-2431 TELECOPIER: 703.981.2940 WILBURNC. DIBLING, JI% April 12, 1993 CITY ATTORNEY '93 APR -8 A8:36 WILLIAM X PARSONS STEVEN J. TALEVI KATHLEEN MARIE KRONAO GLADYS L. YATES ASSISTANT CITY ATTORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Senate Bill 582 - City of Roanoke Charter Amendments Dear Mrs. Bowles and Gentlemen: I am pleased to report that the Governor signed the City's Charter bill on March 28, 1993, and the bill has been effective since this date. As you know, the bill was amended on a number of occasions during the Session, and I am attaching a copy of the bill as it was finally enacted. You will recall that the Charter amendments (1) authorize the City Council to establish design overlay districts to encourage compatible development in areas of the City identified on an adopted comprehensive plan as having historic value or unique architectural value and located within an area designated on an adopted plan for conservation, rehabilitation or redevelopment; and (2) authorize City Council to permit the Architectural Review Board to delegate certain responsibilities to an agent. The amendments to the City Code will have to go through the process required for zoning amendments. Planning staff will schedule the required hearings after they have finalized the details of their recommendations, and this Office will prepare the required advertisements and ordinances. With kindest personal regards, I am Sincerely yours, Wilburn C. Jr. City Attorney WCD:f Enclosure cc: W. Robert Herbert, City Manager William F. Clark, Director of Public Works John R. Marlles, Chief, Community Planning 199 SESSION VIRGINIA ACTS OF ASSEMBLY - CHAPTER An Act to amend and reenact b~ ~2, as amended, o/ Chapter 216 o! the Acts of Assembly of 1952 which provided a charter for the City of Roanoke, relating to zoning. iS 582] Be it enacted by the General Assembly of Virginia: 1. That § 62, as amended, of Chapter 216 of the Acts of Assembly of 1952 is amended and reenacted as follows: § 62. Zoning. (1) For the promotion of health, safety, morals, comfort, prosperity, or general welfare of the general public, the council of the City of Roanoke may, by ordinance, divide the area of thc city into one ~r more ~istricts of such shape and area as may be deemed best suited to carry out the purposes of this act, and in such district or districts may establish, set back building lines, regulate and restrict the location, erection, construction, reconstruction, alteration, repair or use of buildings and other structures, their height, area and bulk, and percentage of lot to be occupied by buildings or other structures, the size of yards, courts and other open spaces, and the trade, industry, residence and other specific uses of the premises in such district or districts. Any ordlnaoce enacted under the authority of this act may exempt from the operation thereof any building or structure used or to be used by a public service corporation (not otherwise exempted) ns to which proof shall be presented to the board of zoning appeals that the exemption of such building or structure is ,reasonably necessary for the convenience or welfare of the public. (2) All such regulations shall be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts. (3) Such regulations shall be made in accordance with a comprehensive plan, and designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Such regulations shall be made with reasonable consideration among other things, to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city. (4) The council of the City of Roanoke shall provide for the manner in which such regulations and restrictions and the boundaries of such districts shall be determined, established and enforced, and from time to time amended, supplemented or changed. However, no such regulation, restriction or boundary shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be hoard. At least fifteen days notice of the time and place of such hearing shall be published in a paper of general circulation in said city, or in a city official bulletin ns provided in § 43 of this charter. (5) Such regulation, restrictions, and boundaries may from time to time be amended, supplemented, changed, modified, or repealed. In case, however, of a protest against such change signed by the owners of twenty percent or more either of the area of the lois included in each proposed change, or of those immediately adjacent in the rear thereof, or of those directly opposite thereto, such amendment shall not become effective except by the favorable vote of five-sevenths of all the members of the council. The provisions of the previous section relative to public hearings nad official notice shall apply equally to all changes or amendments. (5.1) In order to facilitate the creation of a convenient, attractive and harmonious community, the council of the City of Roanoke may, after recommendation from the planning commission and public notice and hearing pursuant to § 15.1-431, establish design overlay districts to encourage compatible development in areas of the city identified on an adopted comprehensive plan as having historic value or unique architectural value and located within an area designated on an adopted plan for conservation, rehabilitation or redevelopment , In such areas, city council ma~,' shall adopt specific standards ns to new construction or rehabilitation within view from public streets and provide for a design review process. City council may establish a fee applicable to such design review process which shall not exceed the actual cost of such review process or $200.00, whichever is less. 2 (6) The council of the City of Roanoke shall appoint a commission to be known as the planning commission to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein. Such commission shall make a preliminary report or reports and hold public hearings thereon before submitting its final report, and the council of the City of Roanoke shall take such action on said preliminary report or reports, and also on the final report of the commission, as it shall deem necessary. (7) The council of the City of Roanoke may appoint a board of zoning appeals, and in the regulations and restrictions adopted pursuant to the authority of this act may provide that the said board of zoning appeats may, in appropriate cases and subject to appropriate conditions and safeguards, vary the application of the terms of the ordinance in harmony with its general purpose and intent and in accordance with general or specific rules therein contained. (8) The board of zoning appeals shall consist of five members, each to be appointed for a *.erm of three years and removable for cause by the appointing authority, upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. (9) The board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to this act. Meetings of the board shall be held at the call of the chairman and such other times as the board may determine. Such chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board, and shall be a public record. (10) Appeals to the board of zoning appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time as-provided by the rules of the board by filing with the officer from whom the appeal is taken and with the board of zoning appeals a notice of appeal specifying the grounds thereof. The officer from whotn the appeal is taken shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken. (11) An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of zoning appeals after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of zoning appeals or by a court of record on application, and notice to the officer from whom the appeal is taken and on due cause shown. (12) The board of zoning appeals shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney. (13) The board of zoning appeals shall have the following powers: (a) To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by administrative officials in the enforcement of this act or of any ordinance adopted pursuant thereto. (b) To hear and decide special exceptions to the terms of the ordinance upon which such board is required to pass under such ordinance. (c) To authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest where owing to special conditions a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. (14) In exercising the above-mentioned powers such board may, in conformity with the provisions of this act, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. (15) The concurring vote of three members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance or to effect any variation in such ordinance. (16) Any person or persons, jointly or severally, aggrieved by any decision of the board of zoning appeals, or any officer, department, board or bureau of the municipality, may present to a court of record of the City of Roanoke a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty days after the filing of the decision in the office of the board. (17) Upon the presentation of such petition, the court may allow a writ of certiorari directed to the board of zoning appeals to review such decision of the board of zoning appeals and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown, grant a restraining order. (18) The board of zoning appeals shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. (19) If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a commissioner to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceeding upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. (20) Costs shall not be allowed against the board, unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from. (21) All issues in any proceeding under this section shall have preference over all other civil actions and proceedings, except where otherwise provided by general law. (22) In case any building or structure is erected, constructed, reconstructed, altered, repaired, or converted; or any building, structure or land is used in violation of this act or of any ordinance or other regulation made under authority conferred hereby, the proper authorities of the city, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises. (23) Said regulations shall be enforced by the division of building inspection which is empowered to cause any building, structure, place or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of the regulations made under authority of this or the preceding paragraph. The owner or general agent of the building or premises where a violation of any provision of said regulations has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violations shall exist shall be guilty of a misdemeanor, punishable by a fine of not less than $10.00 nor more than $1000.00. In any case of the existence of a violation of any provision of said regulations the owner, lessee, tenant or agent shall be subject to a civil penalty of fifty dollars. Any such person who having been served with an order to remove any such violation, shall fail to comply with said order within ten days after such service or shall continue to violate any provisions of the said regulations in the respect named in such order shall also be subject to a civil penalty of two hundred fifty dollars. (24) The council of the City of Roanoke shall appoint an Architectural Review Board. Such Board may be authorized to delegate to an agent its authority to issue any certificate of appropriateness. The agent, pursuant to such delegation, shall act only upon an application completed pursuant to the applicable city ordinance, and shall apply the same guidelines and review standards applicable to the Board. Any person aggrieved by any decision of the agent made pursuant to this delegation may appeal to the Board within a reasonable time as provided by city ordinance by filing with the Board a notice of appeal specifying the grounds thereof. A decision of the Board may be appealed to the city council and thereafter to the circuit court pursuant to ~ 15.1-503.2 of the Code of 4 Virginia. 2. That an emergency exisis and this act is in force from its passage. President of the Senate Speaker of the House of Delegates Approved: Governor