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Home My WebLink AboutCouncil Actions 04-19-93MUSSER 31414 REGULAR WEEKLY SESSION ROANOKE CI1T COUNCIL April 19, 1993 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order Roll Call.Council Member Harvey was absent. The I~vocation was delivered by The Reverend Nicholas G. Bacalis, Father, Holy Trinity Greek Orthodox Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Ao BID OPENINGS Bids for asphalt concrete overlays and pavement profiling of various streets within the City of Roanoke. Three bids were referred to a commiaee composed of William White, Sr., Chairperson, William F. Clark and Charles M. Huffme for tabulation, report and recommendation to Council. 2. CONSENT AGENDA C-1 (APPROVED 6-0) ALL MATFERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MAYOR AND MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM, OR FORMS, LISTED BELOW. 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 special meeting of Council held on Saturday, January 23, 1993. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. A report of the City Manager requesting that Council convene in Executive Session to discuss the location of a prospective business when no previous announcement has been made of the business' interest in locating in the community, puts-ant to Section 2.1-344 (A) (5), Code of Virginia (1950), 5.a.5. A report of the City Manager with regard to emergency repairs in connoction with a minor land slide or slope failure of the roadway embankment for the J. B. Fishburn Parkway. Received and filed. REGULAR AGENDA 3. HEARING OF CITIZENS UPON PUBLIC MATFERS: None. 4. PETITIONS AND COMMUNICATIONS: None. 2 REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: 1. Presentation of the fiscal year 1993-1994 operating budget of the City of Roanoke. Received and filed and referred to 1993-94 budget study. The following dates were approved for budget study sessions: May 4, 8:30 a.m. - 12:00 noon May 5, 8:30 a.m. - 12:00 noon (Council/School Board) 1:00 p.m. (Council) May 6, 8:30 a.m. - 12:00 noon May 7, 8:30 a.m. - 12:00 noon 2.A report with regard to National Library Week. Received and filed. 3. A report with regard to a public awareness campaign for the revised curfew ordinance. Received and filed. ITEMS RECOMMENDED FOR ACTION: 4. A report recommending an increase in the penalty for unlawful parking in a fire lane from $10.00 to $50.00, effective July 1, 1993. Adopted Ordinance No. 31414 on first reading. (6-0) 5. See Consent Agenda 3 t o 10. A report in connection with the Hotel Roanoke and Conference Center projects. Adopted Budget Ordinance No. 31415-041993, Ordinance No. 31416-041993 and Resolution No. 31417--041993. (6-0) A report with regard to waiver of rental fee and granting of concession rights and commission to the Virginia Museum of Transportation, Inc., for use of the National Guard Armory on Saturday, May 8, 1993, for a Spring Railfair. Adopted Ordinance No. 31418 on first marling. (5-0, Vice- Mayor Fiizpatrick abstsined from voting.) A report in connection with easement acquisition for replacement of bridges; viz: Craig Robertson Road S. E. over Gamand Branch, Centre Avenue N. W. over unnamed branch, and Shenandoah Avenue N. W. over unnamed branch; and transfer of $10,000.00 for appraisals, title searches, easement acquisition and acquisition services. Adopted Budget Ordinance No. 31419--041993 and Ordinance No. 31420-041993. (6-0) A report in connection with additional property and easement acquisition for the Statesman Industrial Park storm water management project. Adopted Ordinance No. 31421-041993. (6-0) A report recommending appropriation of a total of $372,300.00 and obligation of said funds to the Greater Roanoke Transit Company for the purpose of providing GRTC with the local match required to accept a Federal capital grant for purchase of 18 buses. Adopted Budget Ordinance No. 31422--041993. (6-0) 4 11. A report recommending acceptance of the bid submitted by Simon Ladder Towers, Inc., for one new aerial ladder truck, including operational equipment and performance bond, for the negotiated cost of $510,000.00; and appropriation of $510,000.00 from the Capital Maintenance and Equipment Replacement Program to Fleet Management. Adopted Budget Ordinance No. 31423-041993 and Resolution No. 31424--041993. (6-0) 6. REPORTS OF COMMITFE~: None. 7. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION ORDINANCES AND RFSOLUTIONS: OF Ordinance No. 31404, on second reading, vacating, discontinuing and closing that certain 50 foot section of Maddock Avenue, N. W., extending in a westerly direction from Williamson Road between Official Tax Nos. 3080906 and 3080817. Adopted Ordinance No. 31404-041993. (6-0) Ordinance No. 31413, on second reading, vacating, discontinuing and closing that certain 672 foot section of Barns Avenue, N. W., extending in an easterly direction from its intersection with Peters Creek Road, N. W., said section not to include a certain area consisting of approximately 175 square feet, as more particularly described in Ordinance No. 31413. Adopted Ordinance No. 31413-041993. (4-0, Council Members White and McCadden voted no.) 9. MOTIONS AND MISCE~J.ANEOUS BUSINESS: 5 Inquiries and/or comments by the Mayor and Members of City Council. Presentation of a video with regard to the Holocaust. bJ Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTI-IF.R I-tF~ARINGS OF CITIZENS: None. CERTIFICATION OF EXECUTIVE SESSION. (5-0, Council Member McCadden left the meeting during the Executive Session.) 6 MARY 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) 981-2:541 SANDRA H. EAKIN Deputy City Clerk April 22, 1993 File #514 Mr. William White, Sr., Chairperson ) Mr. William F. Clark ) Committee Mr. Charles M. Huffine ) Gentlemen: The following bids for asphalt concrete overlays and pavement profiling of various streets within the City of Roanoke were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, April 19, 1993: BIDDER Adams Construction Co. L. H. Sawyer Paving Co., Inc. S. R. Draper Paving Co., Inc. BASE BID $ 898,865.80 933,275.20 983,722.40 ALTERNATE $ 42,400.00 47,700.00 42,400.00 On motion, duly seconded and adopted, the bids were referred to you for tabulation, report and recommendation to Council. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: Mr. Wilburn C. Dibling, Jr., City Attorney CITY~' r 13 ASPHALT CONCRETE OVERLAYS AND PAVEMENT PROFILING OF VARIOUS STREETS WITHIN THE CITY OF ROANOKE, VIRGINIA PROJECT NUMBER 5424-19 Bids to be opened by City Council on Monday, April 19, 1993 at 2:00 p.m. AMOUNT OF BIDDER BASE BID ALTERNATE Adams Construction Company S.R. Draper Paving Co., Inc. Lanford Brothers L.H. Sawyer Paving Co., Inc. Engineer's Estimate: $914,465.00 Office of City Engineer Roanoke, Virginia April 19, 1993 MINUTES CONSIDERED AT THIS COUNCIL MEETING MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER, OR AT THE CITY CLERK'S OFFICE April 19, 1993 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for Executive Session Dear Mrs. Bowles and Gentlemen: This is to request that City Council convene in Executive Session to discuss the location of a prospective business when no previous announcement has been made of the business' interest in locating in the community, pursuant to S2.1-344(A)(5), Code of Virginia (1950), as amended. Very truly yours, W. Robert Herbert City Manager CC: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance Brian J. Wishneff, Chief, Economic Development Mary F. Parker, City Clerk & Grants Roanoke, Virginia April 19, 1993 Honorable Mayor and City Council Roanoke, Virginia Members of Council: Please reserve space on Council's Agenda Monday, April 19, 1993, for a briefing regarding National Library Week. Respectfully submitted, W. Robert Herbert City Manager WRH:gr Fi~Cir !'? ~? Roanoke, Virginia (:IT'( r' April 19, 1993 Honorable David A. Bowers and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: SUBJECT: BRIEFING ON THE PUBLIC INFORMATION CAMPAIGN FOR THE REVISED CURFEW ORDINANCE On June 22, 1992, City Council concurred with the recommendations cited by the Curfew Review Committee which included: Amending the City Code to modify the curfew hours and increase the penalty for parents knowingly permitting a child to violate curfew (Ordinance #31065-062292); 2. Establishing a Juvenile Citation program; Supporting legislation to amend State Code 16.1-278.4 to provide for suspension of driving privileges and the institution of fines as sanctions for curfew violators; Establishing a long-term Curfew Committee to monitor the status of the recommendations; and Designing a comprehensive public awareness campaign to inform the citizens about the revised curfew ordinance and new Juvenile Citation program. At this time I would like the opportunity to brief you on the public awareness recommendation. The Curfew Committee has been working diligently during the past months to design and implement an effective public awareness campaign. The goal of the Curfew Committee is to educate our citizens, particularly parents and young people, in the most efficient and effective manner possible before the onset of warm weather. To accomplish its mission the committee has identified six primary components of the campaign: (1) printed materials (posters and brochures); (2) radio and television interviews; (3) printed media information; (4) speaking engagements to neighborhood and educational groups; (5) incorporation of the curfew ordinance information into the DARE curriculum; and (6) the production of a thirty (30) second locally-produced public service announcement for television. The campaign officially started on March 10, 1993, and should continue until mid-May. Honorable David A. Bowers and Members of City Council Page 2 April 19, 1993 I would like to recognize and thank the citizens and staff who have given their time and energy to work on this important project. Many of those individuals will be at the City Council meeting on April 19, 1993, as part of the scheduled briefing, to give you additional details and information on the curfew public awareness campaign. If you have any questions prior to Monday's Council meeting, please contact Mr. George Snead, Director of Public Safety, at 981-2306. Respect fully, W. Robert Herbert City Manager WRH/GCS/hw cc: City Attorney Director of Finance Director of Public Safety Donna Norvelle, Human Development Coordinator Mark Johnson, Superintendent, Juvenile Detention Home ATTACHMENT A CURFEW ~EVIEW COmmITTEE Mr. Mark Johnson, Chairman Roanoke City Juvenile Detention Home 4345 Coyner Springs Road Roanoke, VA 24012 Phone: 977-1015 Lieutenant Jerry E. Dean, Sub-Committee Chairman Roanoke City Police Department 309 Third Street, SW Roanoke, VA 24011 Phone: 981-2575 Mr. Tom Miller, Sub-Committee Chairman 3429 Windsor Road, SW Roanoke, VA 24018 Phone: (Work) 982-8000 (Home) 774-5710 The Honorable Judge Joseph M. Clarke, II Juvenile & Domestic Relations Court P. O. Box 986 Roanoke, VA 24015 Phone: 981-2389 Ms. Marion H. Crenshaw Coordinator, Office on Youth 215 Church Avenue, SW Roanoke, Va 24011 Phone: 981-2349 Ms. Annie Harmon Roanoke City Public Schools P. O. Box 13145 Roanoke, VA 24031 Phone: 772-8745 or 981-1393 Ms. Doris Kinsey Roanoke City Department of Social Services 215 Church Avenue, SW Roanoke, VA 24011 Phone: 981-2894 Mr. Jerry Majnich Court Services 309 Third Street, $.W. Roanoke, VA 24011 Phone: 981-2246 Mrs. Mary C. Terry 3408 Pittsfield Avenue, NW Roanoke, VA 24017 Phone: 366-9395 Mr. James StClair 1610 Lancaster Drive, NW Roanoke, VA 24017 Phone: 387-8850 Mr. Wil Dibling City Attorney 215 Church Avenue, SW Roanoke, VA 24011 Phone: 981-2431 Ms. Carlene Johnson Preventio~ Plus 701-C Brandon Avenue, SW Roanoke, VA 24015 Phone: (Work) 982-1427 Reverend William Lee Loudon Avenue Christian Church 4139 Appleton Avenue, NW Roanoke, VA 24017 Phone: 362-2580 Corinne B. Gott Acting Director of Human Development 215 Church Avenue, SW Roanoke, VA 24011 Ms. Donna Spangler-Norvelle - Staff Coordinator Human Resources Coordinator 502 - 19th Street, SE Roanoke, VA 24013 Phone: 981-2989 Glenna Ratcliffe - Secretary 215 Church Avenue - Room 354 Roanoke, VA 24011 Revised 09-04-92 '93 / PP 14 Roanoke, Virginia April 19, 1993 Honorable Mayor and Members of City Council Roanoke, Virginia SUBJECT: EMERGENCY REPAIRS SLOPE FAILURE J. B. FISHBURN PARKWAY I. Backqround: A minor land slide or slope failure of the roadway embankment for the J. B. Fishburn Parkway occurred in mid March 1993. The City Street Department had attempted repair of the slide, but the magnitude of the slide was beyond the capabilities of City-owned equipment. City engineering staff invited two geotechnical engineers to field review the site and offer general recommendations regarding the cause for the slide, the stability of the road and possible repairs. The slope failure was most likely caused by snow melt from the "Blizzard of '93" and subsequent heavy rainfall. This excess water contributed to saturating the soil at the site, which in turn reduced the strength of the roadway embankment, thereby causing the failure. Based upon recommendations of our enqineering con- sultants, the J.B. Fishburn Parkway has been reduced to one lane of traffic at the failure site. Traffic signage has been installed to safely conduct traffic through the area. City inspection staff are constantly monitoring the site for indications of further slope slippage. D. City Council was first advised of this problem by the attached letter dated March 26, 1993. II. Current Situation: Repairs to the slide area have been initiated. Repair work was started on Monday, March 29, 1993 by Aaron J. Conner, General Contractor, Inc. The repairs anticipated at this time fall into two basic areas. The first is to improve drainage of surface water and ground water in the general area of the failure. The second is to reconstruct the failed embankment. Honorable Mayor and Members of Council RE: Emergency Repairs Slope Failure J. B. Fishburn Parkway April 19, 1993 Page 2 Drainage improvements constructed include a new pipe system to intercept surface drainage and carry it to a stable outfall location away from the slide area. An underdrain system is also being constructed to collect groundwater and also direct it to a stable outfall. Both of these systems will act to reduce the volume of water acting upon the roadway embankment. Both of these drainage systems have already been constructed and are functioning as designed. Reconstruction of the roadway embankment is necessary to restore the roadway cross section. The failed embankment material is to be removed and placed downslope from the slide. This existing material is saturated with water and is too wet to be reused. Soil material will be taken from an area adjacent to the slide and used to rebuild the embankment at a flatter slope than was originally installed. A blanket underdrain will also be installed beneath this new material to enhance drainage of any groundwater which may be present. Upon completion of construction all disturbed areas will be restored with seed and mulch. III. Issues in Order of A. Timing B. Cost C. Funding Importance: IV. Discussion of Issues: Timing of the repairs to J. B. Flshburn Parkway are critical to maintain the safety of the public and to minimize further deterioration of the site. The contractor has estimated four additional weeks work will be required to complete the repairs, weather permitting. Be Cost of the repair work through Friday, April 9, 1993 is approximately $40,000.00 exclusive of time and equipment of City forces. The total cost of the repair is unknown at this time but is estimated to be in excess of $100,000. Honorable Mayor and Members of Council RE: Emergency Repairs Slope Failure J. B. Fishburn Parkway April 19, 1993 Page 3 Fundinq for the repairs will be recommended from accounts to be identified prior to the final report to City Council. V. Summary: No action by City Council is required at this time. A final report will be presented upon completion of the repairs and any necessary ordinances or resolutions will be recommended at that time. Respectfully submitted, W. Robert Herbert City Manager WRH/PCS/fm cc: City Attorney Director of Finance Director of Public Works Director of Public Safety Director of Utilities & Operations City Engineer Office of the Ci~,, Manager March 26, 1993 The Honorable David A. Bowers, and Members of City Council Roanoke, Virginia Mayor Dear Mayor Bowers and Council Members: Subject: Emergency Repairs Mill Mountain Access Road Recent snow and rain have resulted in extremely wet conditions throughout the Roanoke Valley. Along the access road to Mill Mountain, the downstream side of a fill-slope at a particular location has settled significantly, requiring that the City administration take immediate corrective actions. Traffic has been reduced to one lane in the vicinity of the slope failure as a precautionary measure. Careful signage and barricades have been installed to warn motorists. It is anticipated that the road will need to be closed during the day on Tuesday, March 30, 1993 to allow for installation of a new culvert to divert surface drainage from the area. We are working with a geologist to obtain expert advice on how to correct the sloge failure, and a contractor to assist with the culvert installation and slope stabilization. It is not possible at this time to determine the cost for these repairs although we believe it can be handled within available operating accounts. ! will provide a full report to Council upon completion of the work. The public is ~eing advised of this matter via media release, and Mill Mountain Zoo officials have been notified. If Council members have questions on the situation, please contact Bill Clark at 981-2741 or his homa 774-4158. Respectfully, W. Robert Herbert City Manager WRH:WFC:pr cc: Ms. Mary F. Parker, City Clerk Mr. Wllburn C. Dlbling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Mr. William F. Clark, Director of Public Works Room 3~4 Mun,o~ooI Builcling 2t .% C. hurc~ Avenue. S.W. Roono~e. Virginia 24011 (703) 981-2333 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 21S Church Avenue, S.W., Room 4S6 Roanoke, Virginia 2,1011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk April 22, 1993 File #102-178-183-226-247-258-323-360-472 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31417-041993 authorizing you to execute an agreement with Total Action Against Poverty in Roanoke Valley, Inc., to provide for the services of Alvin L. Nash as Contracting Coordinator/Ombudsman, in connection with the Hotel Roanoke and Conference Center Projects. Resolution No. 31417- 041993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 19, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Ms. Corinne B. Gott, Acting Director, Human Development Ms. Beverly A. James, City Librarian Mr. Brian J. Wishneff, Chief, Economic Development Mr. Phillip F. Sparks, Economic Development Specialist Mr. Barry L. Key, Manager, Office of Management and Budget Ms. Dolores C. Daniels, Assistant to the City Manager for Community Relations MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virsinia 24011 Telephone: (703) 981-2541 SANDRA H. EAK1N Deputy City Clerk April 22, 1993 File #102-178-183-226-247-258-323-360-472 Mr. Theodore J. Edlich, III Executive Director Total Action Against Poverty in Roanoke Valley, Inc. 145 Campbell Avenue, S. W. Roanoke, Virginia 24011 Dear Mr. EdHch: I am enclosing copy of Resolution No. 31417-041993 authorizing the City Manager to execute an agreement with Total Action Against Poverty in Roanoke Valley, Inc., to provide for the services of Alvin L. Nash as Contracting Coordinator/Ombudsman, in connection with the Hotel Roanoke and Conference Center Projects. Resolution No. 31417-041993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 19, 1993. Sincerely, ~a.~ Mary F. Parker, CMC/AAE City Clerk MFP:sm Eno. pc: Mr. Alvin L. Nash, Total Action Against Poverty in Roanoke Valley, Inc., 145 Campbell Avenue, S. W., Roanoke, Virginia 24011 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 1993. No. 31417-041993. A RESOLUTION authorizing the City Manager to execute an agreement with Total Action Against Poverty in Roanoke Valley, Inc. ("TAP"), to provide for the services of Alvin L. Nash as Contracting Coordinator/Ombudsman. BE follows: 1. IT RESOLVED by the Council of the City of Roanoke as That the City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement with Total Action Against Poverty in Roanoke Valley, Inc., which agreement shall provide for the use of CDBG funds in the amount of $30,942.00 to provide for the services of Alvin L. Nash as Contracting Coordinator/Ombudsman to coordinate with the General Contractor of Hotel Roanoke and Conference Center Projects to ensure participation of qualified local and minority contractors, in accordance with the recommendations contained in the City Manager's report to this Council dated April 19, 1993. 2. The form of the agreement shall be approved by the City Attorney. 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, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk April 22, 1993 File #102-178-183-226-247-258-323-360-472 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31416-041993 authorizing you to enter into a sublease agreement with respect to certain property leased by Central Fidelity Bank at 111 Franklin Plaza, totalling approximately 1800 square feet, for a period of six months, in connection with the Hotel Roanoke and Conference Center Projects, upon certain terms and conditions. Ordinance No. 31416-041993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 19, 1993. Sincerely, ~X.A~.~_.~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. pc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Ms. Corinne B. Gott, Acting Director, Human Development Ms. Beveriy A. James, City Librarian Mr. Brian J. Wishneff, Chief, Economic Development Mr. Alvin L. Nash, Total Action Against Poverty in Roanoke Valley, Inc., 145 Campbell Avenue, S. W., Roanoke, Virginia 24011 Mr. Phillip F. Sparks, Economic Development Specialist Mr. Barry L. Key, Manager, Office of Management and Budget Ms. Dolores C. Daniels, Assistant to the City Manager for Community Relations IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of April, 1993. No. 31416-041993. AN ORDINANCE authorizing the City Manager to enter into a sublease agreement with respect to certain property leased by Central Fidelity Bank at 111 Franklin Plaza, in the City of Roanoke, Virginia, upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to enter into a written sublease agreement with Central Fidelity Bank (the Sublessor) by which the sublessor will sublease to the City certain property, totalling approximately 1800 square feet, located at 111 Franklin Plaza, in the City of Roanoke, Virginia, for a period of six months with the City's sole option to renew on a month to month basis for an additional eighteen months, at a maximum monthly rental, including furniture, based on the number of occupants, of $2,000 per month, and a lump sum construction cost of $2,496 payable over the first six months of said sublease, and upon such other terms and conditions as are approved and required by the City Manager. 2. The form of such sublease agreement shall be approved by the City Attorney. municipal government, an emergency is deemed to ordinance shall be in full force and effect upon ATTEST: In order to provide for the usual daily operation of the exist, and this its passage. City Clerk ~L~RY F. PARV~R City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 21~ Church Avenue, S.W., Room 456 Roanoke, Virginia 2~011 Telephone: (703) 981-2~41 I~puty City Clerk April 22, 1993 File #60-102-178-183-226-247-258-323-360-472 Mr. James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31415-041993 amending and reordaining certain sections of the 1992-93 Capital Projects Fund and Grant Fund Appropriations, providing for the transfer of funds in connection with the Hotel Roanoke and Conference Center Projects in order to operate a full time office effort for a six month period. Ordinance No. 31415-041993 was adopted by the Council of the City of Roanoke at a ~egular meeting held on Monday, April 19, 1993. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Mr. W. Robert Herbert, City Manager Ms. Corinne B. Gott, Acting Director, Human Development Ms. Beverly A. James, City Librarian Mr. Brian J. Wishneff, Chief, Economic Development Mr. Alvin L. Nash, Total Action Against Poverty in Roanoke Valley, Inc., 145 Campbell Avenue, S. W., Roanoke, Virginia 24011 Mr. PhilHp F. Sparks, Economic Development Specialist Mr. Barry L. Key, Manager, Office of Management and Budget Ms. Dolo~es C. Daniels, Assistant to the City Manager for Community Relations IN THE COUNCIL OF THE CITY OF ROANOKEv VIRGINIA The 19th day of April, 1993. No. 31415-041993. AN ORDINANCE to amend and reordain certain sections of the 1992-93 Capital Projects Fund and 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 Government of the exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1992-93 Capital Projects Fund and Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: capital Pro4ects Fund Appropriations General Government Conference Center (1) ............................. Conference Center Coordinator (2) ................. Grant Fund Appropriations $21,071,270 1,177,264 43,500 1) Appropriation from General Revenue (008-002-9653-9003) $(43,500) 2) Appropriation from General Revenue (008-002-9658-9003) 43,500 3) Hotel Roanoke/ MBE (035-091-9115-5010) 41,500 Community Development Block Grant FY 92 $ 2,325,712 city Administration - FY 92 (3) ................... 139,767 Unprogrammed CDBG - FY 92 (4-7) ................... 2,122 4) Unprogrammed CDBG-F&W Interest Payments 5) Unprogrammed CDBG-Other 6) Unprogrammed CDBG-Home Purchase Payments 7) Unprogrammed CDBG-RRHA (035-091-9140-5188) (035-091-9140-5189) (035-091-9140-5192) (035-091-9140-5197) $(6,275) ( 3,282) (14,131) (17,812) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. April 19, 1993 Honorable Mayor and Members of Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Hotel Roanoke and Conference Center projects I. BACKGROUND: Ao Unprecedented community involvement in the Hotel Roanoke project has raised expectations that a supreme effort will be made to gain local participation in the bidding on the Hotel Roanoke and Conference Center construction projects. A one-of-a-kind, unique project involving university training, continuing education, a public facility designed for group meetings, and a commercial hotel makes for an extremely complex project. Co Complex physical, o_r~ra~ional, marketing, pricing, booking, and coordination issues need to be addressed within a reasonable time frame on the conference center in order for it to be opened by March 1, 1995. II. CURRENT SITUATION: Hotel Roanoke Partnership. including the Virginia Tech Real Estate Foundation and Renew Roanoke, has agreed to hire Ron Leeper, Small/Minority Business construction expert with F. N. Thompson, to run a program to help insure local and minority firms get a chance to bid on the hotel project. Bo Total Action Against Poverty (TAP) has agreed to allow Alvin Nash, Deputy Director of TAP, to take a six month leave of absence to work for the City of Roanoke as its local coordinator on this aspect of the project in cooperation with Mr. Leeper and the City of Roanoke. Full-time. concentrated effort is necessary on behalf of the Conference Center Commission in order to move the project along in a timely fashion. Designation of Brian Wishneff for a six-month period as staff to the Commission is necessary. In addition to dealing with all the physical, marketing, operational and financial questions involving the Conference Center, there is also a need to Council Members April 19, 1993 Page 2 coordinate a number of projects that need to occur at the same time, including the relocation of Wells Avenue and the construction of the pedestrian bridge. In addition, the traditional project manager role within the City government structure is needed for a project this big with all the various staff and public bodies that need to review and approve the various plans for these projects. This has led to the appointment of Beverly James, Roanoke City Librarian, for six months to assist Mr. Wishneff, as well as Kim Duncan, Administrative Assistant, to also work on the project for six months. They will be housed outside of the Municipal Building along with Alvin Nash and Mode Johnson from Virginia Tech, who is also being loaned to the Hotel side of the project. It will be the responsibility of this team, in conjunction with Fa.son Associates, the architects and Doubletree to move the project along. Temporary_ appointments will be necessary in order to properly cover for the individuals who will be taking these temporary positions. Miss Emily Keyser will be named Acting City Librarian and Mr. Phillip F. Sparks will be named Acting Chief of Economic Development. Knowing the crucial need at this time to keep a full complement of people working on Economic Development, I will be making other temporary assignments to Economic Development to continue to provide the growing amount of services our Economic Development Department provides to the community. III. ISSUES: A. Cost. B. Ouality of the project. C. Timing. IV. ALTERNATIVES: A. City Council authorize the following actions: Authorize the City Manager to enter into a sublease with Central Fidelity Bank for approximately 1,800 square feet in the 111 Franklin Plaza building to house this team for a minimum of six months with the option to renew on a monthly basis for up to two years. The cost of the space is $200 per person per month plus $25 per person per month for furniture rental. If persons are added, the cost will go up $200 per person per month plus $25 per person per month for furniture. If persons are deleted the cost will go down $200 per person per month and furniture rental will Council Members April 19, 1993 Page 3 go down $25 per person per month. Cost of the conference room area is $200 per month. There would also be a lump sum construction cost of $2,496 payable over the first six months of said sublease. Minimum monthly payments, based on 6 people plus the conference room, would be $1,966 for lease of space, furniture and construction costs. Maximum monthly payments would be $2,416 for lease of space, furniture and construction costs. The entire 1,800 square feet will be available for use at all times. Authorize the City Manager to enter into a $30,942 contract with TAP to pay the salary and miscellaneous expenses of Mr. Alvin Nash to work for six months, full-time on this project. Transfer $41.500 from Community Development Block Grant (CDBG) account #'s 035-091-9140-5188 ($6,275), 035-091-9140-5189 ($3,282), 035-091-9140-5142 ($14,131), and 035-091-9140-5197 ($17,812) to an account to be established by the Acting Director of Finance to pay for the contract with TAP and secretarial support. Transfer $43.500 from account number 008-002-9653, Conference Center Improvements, to a capital account to be established for the conference center project to pay for the lease, part-time salaries, supplies, travel, office equipment, telephones, copying, etc. necessary in order to run a full-time office effort during this six plus month period. Cost for the contract with TAP will be covered by CDBG funds. Monies for the full-time staff effort would be funded by funds already set aside in a capital account for the Conference Center project for such anticipated expenses. Quality of the project would be insured in that the literally thousands of questions related to the physical, operational, marketing of the conference center need to be answered between now and the time construction begins. This full-time effort will help insure the ground breaking effort on this one-of-a-kind project will get completed. Timing is crucial in that hundreds of decisions need to be made during the upcoming months and are going to require considerable research. Council Members April 19, 1993 Page 4 B. Alternative B is as follows: Do not authorize the City Manager to enter into a lease with Central Fidelity Bank for approximately 1,800 square feet in the 111 Franklin Plaza building to house this team for a minimum of six months with the option to renew on a monthly basis for up to two years. Do not authorize the City Manager to enter into a $30,942 contract with TAP to pay the salary of Mr. Alvin Nash to work for six months, full- time on this project. Do not transfer $41.500 from Community Development Block Grant (CDBG) account #'s 035-091-9140-5188 ($6,275), 035-091-9140-5189 ($3,282),035-091-9140-5142($14,131)and035-091-9140-5197($17,812) to pay for the contract with TAP and do not transfer $43,500 to account # 008-002-9653 to pay for the lease, part-time salaries, supplies, travel, office equipment, telephones, copying, etc. necessary in order to run a full-time office effort during this six plus month period. V. RECOMMENDATION: City Council concur in Alternative A authorizing the following: Authorize the City Manager to enter into a sublease with Central Fidelity Bank for approximately 1,800 square feet in the 111 Franklin Plaza building to house this team for a minimum of six months with the option to renew on a monthly basis for up to two years. The cost of the space is $200 per person per month plus $25 per person per month for furniture rental. If persons are added, the cost will go up $200 per person per month plus $25 per person per month for furniture. If persons are deleted the cost will go down $200 per person per month and furniture rental will go down $25 per person per month. Cost of the conference room area is $200 per month. There would also be a lump sum construction cost of $2,496 payable over the first six months of said sublease. Minimum monthly payments, based on 6 people plus the conference room, would be $1,966 for lease of space, furniture and construction costs. Maximum monthly payments would be $2,416 for lease of space, furniture and construction costs. The entire 1,800 square feet will be available for use at all times. Bo Authorize the City Manager to enter into a $30,942 contract with TAP to pay the salary and miscellaneous expenses of Mr. Alvin Nash to work for six months, full-time on this project. Council Members April 19, 1993 Page 5 Transfer $41.500 from Community Development Block Grant (CDBG) account #'s 035-091-9140-5188 ($6,275), 035-091-9140-5189 ($3,282), 035-091- 9140- 5142 ($14,131) and 035-091-9140-5197 ($17,812) to pay for the contract with TAP and secretarial support. Transfer $43.500 from account number 008-002-9653, Conference Center Improvements, to a capital account to be established for the conference center project to pay for the lease, part-time salaries, supplies, travel, office equipment, telephones, copying, etc. necessary in order to run a full-time office effort during this six plus month period. Respectfully submitted, W. Robert Herbert City Manager WRH/BJW:kkd cc: Director of Finance City Attorney Manager, Management and Budget Assistant City Manager Grants Monitoring Administrator City Librarian THIS AGREEMENT, is made the __ of __ 1993, by and between the CITY OF ROANOKE (City) and TOTAL ACTION AGAINST POVERTY (TAP) (Consultant). The parties hereto agree as follows: 1. SCOPE OF SERVICES: Alvin L. Nash, an employee of TAP will act as Contracting Coordinator/Ombudsman to coordinate with the General Contractor of Hotel Roanoke and the Conference Center Projects to ensure participation of qualified local and minority contractors during construction. Coordinate with similar services provided through F. N. Thompson. Provide technical assistance to small contractors on bidding process and other pre- qualification information. B. Oversee awareness campaign to recruit local contractors. C. Coordinate pre-qualification seminar. D. Coordinate bid preparation workshop. Define "Local Contractor", i.e., a Class A or B contractor licensed to do business in the Commonwealth of Virginia and within a 75 mile radius of Hotel Roanoke. Set up an information "Hot Line" for all contractors to receive information and register their company as well as provide critical technical time lines, prices, etc. Negotiate contracts after the bidding process, i.e., provide general contractor lists of local contractors who are capable of filling gaps on work that was not satisfied during the bid process. Ho Set and maintain a "Contractor's Terminal Board" to record local and minority contractors by trade, qualification and other applicable information. Establish a relationship with Faison Associates and/or F. N. Thompson to promote the spirit of utilizing local labor. Meet with F. N. Thompson representatives to review progress, fill gaps, take corrective measures and monitor. Work with the Virginia Employment Commission to establish a work force program for the project. L. Establish relationships with major related organizations. M. Develop advisory resources. 2. TIME OF PERFORMANCE: This Agreement shall be for the period of May 1, 1993 through October 30, 1993, totalling approximately six (6) months. Agreement may be reduced or extended with the written consent of both parties. During this period, the Consultant, Alvin L. Nash, shall work regular 40 hour work weeks. TAP shall be reimbursed monthly for direct costs per itemized invoice based on hourly rates for salary, fringe benefits and appropriate taxes. Actual travel and miscellaneous expenses shall be reimbursed on a direct cost basis. The total of all approved expenditures shall not exceed a total of $30,942 unless agreed upon by both parties in writing beforehand. Office space, office supplies, telephone and clerical assistance will be the responsibility of the City of Roanoke. 4. PROPOSED PAYMENT SCHEDULE: The City of Roanoke will provide monthly payments to TAP in response to monthly invoices by TAP. 5. INDEMNIFICATION: TAP agrees to indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, liability, causes of actions, suits of any nature, costs expenses; including reasonable attorney's fees resulting from or arising out of TAP or its employee's intentional or negligent acts or omissions in providing the services under this Agreement including without limitation, fines and penalties, violation of federal, state or local laws, or regulations promulgated thereunder, personal injury, wrongful death or property damage claims. 6. TERMINATION: This Agreement may be terminated at any time by either the City or the Consultant upon written notification thirty (30) days prior to termination. 7. COMPLIANCE WITH FEDERAL REGULATIONS: The Consultant agrees to abide by the HUD conditions for CDBG programs as set forth in Attachment A, and all other applicable federal regulations relating to specific programs performed hereunder. All records pertaining to this Agreement shall be retained for a period of three (3) years after the expiration date of the Agreement. Appropriate City and/or HUD personnel shall have free access to those records during the Agreement duration and the following three (3) year time period. g. CONFLICT OF INTEREST: No employee, agent, consultant, officer or appointed official of the Consultant, who is in a position to participate in a decision making process or gain inside information with regard to any CDBG activities, may obtain a personal or financial interest in any contract, subcontract or agreement with respect thereto, or in the proceeds thereunder, either for themselves, their family or business associates, during their tenure or for one (1) year thereafter. 9. GOVERNING LAW: This Agreement shall be governed by laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as the day and year hereinabove written: Total Action Against Poverty, Inc. City of Roanoke By:, By: Alvin L. Nash W. Robert Herbert City Manager By:. Theodore J. Edlich, III Executive Director, TAP ATTEST: ATrEST: PROJECTED SIX MONTH BUDGET Alvin L. Nash Local Contractor Coordinator-Ombudsman City of Roanoke Hotel Roanoke Project Salary $20,800 FICA (Salary) 1,591 Workers Compensation 64 Retirement 1,722 VUTA -0- A/L Accrual FICA Accrual 1,439 $25,726 Budget Summary: Salary $20,800 Fringe 4,277 Tax 1,765 Travel 2,100 Miscellaneous 2,000 Six Month Total $30,942 Per Month Total $ 5,157 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 4~6 Roanoke. Virginia 24011 Telephone: (703) 981-2M,1 SANDRA H. EAKIN Deputy City Clerk April 22, 1993 File #2-28-102 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31420-041993 providing for acquisition of certain easements needed by the City for replacement of Bridge No. 8052, Bridge No. 8060, and Bridge No. 8042; authorizing you to fix to a certain limit the consideration to be offered by the City for such parcels; and directing the mailing of said ordinance to certain property owners. Ordinance No. 31420-041993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 19, 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. Kit B. Kiser, Director, Utilities and Operations Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. Barry L. Key, Manager, Office of Management and Budget Ms. Dolores C. Daniels, Assistant to the City Manager for Community Relations 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) 981-2~41 SANDRA H. EAKIN Deputy City Clerk April 22, 1993 File #2-28-102 Industrial Development Authority of the City of Roanoke c/o Noland Company Mr. Ron Sizer Branch Manager P. O. Box 13000 Roanoke, Virginia 24030 Dear Mr. Sizer: I am enclosing copy of Ordinance No. 31420-041993 providing for acquisition of certain easements needed by the City of Roanoke for replacement of Bridge No. 8052, Bridge No. 8060, and Bridge No. 8042; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for such parcels; and directing the mailing of said ordinance to certain property owners. Ordinance No. 31420-041993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 19, 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 212 Church Avenue, S.W., Room 4~6 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk April 22, 1993 File #2-28-102 Mr. Joseph Abbott 2310 Martin Lane, S. W. Roanoke, Virginia 24015 Dear Mr. Abbott: I am enclosing copy of Ordinance No. 31420-041993 providing for acquisition of certain easements needed by the City of Roanoke for replacement of Bridge No. 8052, Bridge No. 8060, and Bridge No. 8042; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for such parcels; and directing the mailing of said ordinance to certain property owners. Ordinance No. 31420-041993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 19, 1993. Sincerely, ~o.~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. 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 22, 1993 File #2-28-102 Mr. Clark Owen Jr., President Salem Bank and Trust, N. A. P. O. Box 979 Salem, Virginia 24153 Dear Mr. Owen: I am enclosing copy of Ordinance No. 31420-041993 providing for acquisition of certain easements needed by the City of Roanoke for replacement of Bridge No. 8052, Bridge No. 8060, and Bridge No. 8042; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for such parcels; and directing the mailing of said ordinance to certain property owners. Ordinance No. 31420-041993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 19, 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, Virg/nia 24011 Telephone: (703) 981-2~41 SANDRA H. EAKIN Deputy City Clerk April 22, 1993 File #2-28-102 Mr. F. P. Murray, Jr. P. O. Box 6217 Roanoke, Virginia 24017 Dear Mr. Murray: I am enclosing copy of Ordinance No. 31420-041993 providing for acquisition of certain easements needed by the City of Roanoke for replacement of Bridge No. 8052, Bridge No. 8060, and Bridge No. 8042; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for such parcels; and directing the mailing of said ordinance to certain property owners. Ordinance No. 31420-041993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 19, 1993. Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. 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) 981-2~41 SANDRA H. EAKIN Deputy City Clerk April 22, 1993 File #2-28-102 Ms. Natalie R. Foster Ms. Mary B. Waynick c/o Mr. Andrew L. Roberts, III 306 First Street, S. W. Roanoke, Virginia 24011 Dear Mr. Roberts: I am enclosing copy of Ordinance No. 31420-041993 providing for acquisition of certain easements needed by the City of Roanoke for replacement of Bridge No. 8052, Bridge No. 8060, and Bridge No. 8042; authorizing the City Manager to fix to a certain Hmit the consideration to be offered by the City for such parcels; and directing the mailing of said ordinance to certain property owners. Ordinance No. 31420-041993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 19, 1993. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. M~RY F. P~cER 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 22, 1993 File #2-28-102 Mr. and Mrs. W. Brooks Ferguson 1534 Eanes Road, S. E. Roanoke, Virginia 24014 Dear Mr. and Mrs. Ferguson: I am enclosing copy of Ordinance No. 31420-041993 providing for acquisition of certain easements needed by the City of Roanoke for replacement of Bridge No. 8052, Bridge No. 8060, and Bridge No. 8042; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for such parcels; and directing the mailing of said ordinance to certain property owners. Ordinance No. 31420-041993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 19, 1993. Sincerely, ~v~_~ 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 21~ Church Avenue~ S.W., Room 4~6 Roanoke, Virginia 24011 Telephone: (703) 981-2341 SANDRA H. EAKIN Deputy City Clerk April 22, 1993 File #2-28-102 Mr. and Mrs. Myrl H. McNutt 2502 Garden City Boulevard, S. E. Roanoke, Virginia 24014 Dear Mr. and Mrs. McNutt: I am enclosing copy of Ordinance No. 31420-041993 providing for acquisition of certain easements needed by the City of Roanoke for replacement of Bridge No. 8052, Bridge No. 8060, and Bridge No. 8042; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for such parcels; and directing the mailing of said ordinance to certain property owners. Ordinance No. 31420-041993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 19, 1993. Sincerely, ~o..,~,.~.c~_ 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) 981-2~41 SANDRA H. EAK1N Deputy City Clerk April 22, 1993 File #2-28-102 Mr. and Mrs. Donald W. Campbell, Sr. 1328 Craig Robertson Road, S. E. Roanoke, Virginia 24014 Dear Mr. and Mrs. Campbell: I am enclosing copy of Ordinance No. 31420-041993 providing for acquisition of certain easements needed by the City of Roanoke for replacement of Bridge No. 8052, Bridge No. 8060, and Bridge No. 8042; authorizing the City Manager to fix to a certain Hmit the consideration to be offered by the City for such parcels; and directing the mailing of said ordinance to certain property owners. Ordinance No. 31420-041993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 19, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Erie. MARY F. PARKE~ City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (70~) 981-2541 SANDRA H. EAKIN Deputy City Clerk April 22, 1993 File #2=28=102 Mr. and Mrs. Richard G. Dearing 328 Mountain Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. and Mrs. Dearing: I am enclosing copy of Ordinance No. 31420-041993 providing for acquisition of certain easements needed by the City of Roanoke for replacement of Bridge No. 8052, Bridge No. 8060, and Bridge No. 8042; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for such parcels; and directing the mailing of said ordinance to certain property owners. Ordinance No. 31420-041993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 19, 1993. Sincerely, ~k.~ff~_.~_- Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. MARY F. pA~k'FR City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 21~ Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2~41 SANDRA H. EAKIN Deputy City Clerk April 22, 1993 File #2-28-102 Mr. and Mrs. Clifford W. Derey 328 Mountain Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. and Mrs. Derey: I am enclosing copy of Ordinance No. 31420-041993 providing for acquisition of certain easements needed by the City of Roanoke for replacement of Bridge No. 8052, Bridge No. 8060, and Bridge No. 8042; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for such parcels; and directing the mailing of said ordinance to certain property owners. Ordinance No. 31420-041993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 19, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 1993. No. 31420-041993. AN ORDINANCE providing for the acquisition of certain easements needed by the City for the replacement of Bridge No. 8052, Bridge No. 8060, and Bridge No. 8042; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for such parcels; directing the mailing of this ordinance to the property owners; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the replacement of Bridge No. 8052, Bridge No. 8060, and Bridge No. 8042, the City wants and needs permanent easements and temporary construction easements over eleven (11) parcels as more particularly listed in the report of the City Manager on this subject, dated April 19, 1993, on file in the Office of the City Clerk. The proper City officials are authorized to acquire for the City from the respective owners the necessary easements with appropriate ancillary rights with respect to the eleven (11) parcels, for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to the applicable statutory guidelines. 2. The City Manager is directed to offer on behalf of the City to the owners of each of the aforesaid interests in land such consideration as he deems appropriate; provided, however, the total cost for appraisals, title examinations, acquisition services and easement acquisition shall not exceed $10,000.00 without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the respective considerations to the owners of the interest conveyed, certified by the City Attorney to be entitled to the same. 3. The City Clerk is directed to ordinance to each affected property owner. 4. municipal ordinance mail a copy of this In order to provide for the usual daily operation of the government, an emergency is deemed to exist, and this shall be in full force and effect upon its passage. ATTEST: City Clerk. MARY F. PARKER City Clerk, 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 22, 1993 File #60-2-28-102 Mr. James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31419-041993 amending and reordaining certain sections of the 1992-93 Capital Fund Appropriations, in connection with the transfer of $10,000.00 to provide funds for appraisals, title searches, easement acquisition and acquisition services for acquisition of certain easements needed by the City for repiacement of Bridge No. 8052, Bridge No. 8060, and Bridge No. 8042. Ordinance No. 31419-041993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 19, 1993. Sincerely, F~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Mr. W. Robert Herbert, City Manager Mr. Kit B. Kiser, Director, Utilities and Operations Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. Barry L. Key, Manager, Office of Management and Budget Ms. Dolores C. Daniels, Assistant to the City Manager for Community Relations lin THE COUNCIL OF THE CITY OF RO~,NOKE~ 1992-93 Capital emergency. WHEREAS, VIRGINIA The 19th day of April, 1993. No. 31419-041993. AN ORDINANCE to amend and reordain certain sections of the Fund Appropriations, and providing for an for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1992-93 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A ro riations Streets and Bridges Bridge Replacement 1) Appropriation from General Revenue (008-052-9548-9003) $ 10,000 $ 8,183,760 357,159 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. '93 t PR14 P2:t? Roanoke, Virginia April 19, 1993 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: EASEMENT ACQUISITION FOR REPLACEMENT OF BRIDGES #8052 CRAIG ROBERTSON ROAD S.E. OVER GARNAND BRANCH #8060 CENTRE AVENUE N.W. OVER UNNAMED BRANCH #8042 SHENANDOAH AVENUE N.W. OVER UNNAMED BRANCH II. III. I. Background: City Council, at its regular meeting of September 14, 1992, authorized an engineering service contract with Mattern & Craig, Inc. to prepare plans, specifications, and other construc- tion related documents for replacement of Bridge #8052, and an engineering services contract with Hayes, Seay, Mattern & Mattern, Inc. to prepare plans, specifications, and other construction related documents for replacement of Bridge #8060 and #8042. Design and construction documents are complete for the three (3) bridge replacements. Eleven (11) properties are affected (see Attachment "A"). Current Situation: Project schedules call for easement acquisition to begin, therefore contacts have been made and property owners are granting rights of entry to replace bridges and are agreeing to grant necessary permanent easements at nominal costs. Be Funding needs for appraisals, title searches, easement acquisition and acquisition services is estimated to be $10,000. Issues in order of importance are: A. Project schedule B. Funding Honorable Mayor and Members of City Council Page 2 April 19, 1993 IV. WRH/CMH/kp Alternatives: Authorize the acquisition of the necessary ease- ments by providing for the expenditure of funds for those services required to expedite acquisition and to purchase any that might require acquisition at fair market value. 1. Project schedule will be maintained. 2. Funding is available in account number #001-004-9310-9508, Transfer to Capital Projects Fund. Deny authority to acquire necessary easements to permit the projects to proceed on their present schedule. 1. Project schedule will be delayed. 2. Funding will not be expended at this time. Recommendation is that Alternative "A" be implemented as follows: City Council approve the proper measure, in a form approved by the City Attorney, authorizing easement acquisition for eleven (11) parcels, identified on Attachment "A". Total compensation for all parcels, appraisals, title searches, and acquisi- tion assistance will not exceed $10,000 without further authorization by Council. Authorize the Director of Finance to transfer $10f000 from account #001-004-9310-9508, Transfer to Capital Projects Fund, to be appropriated to a capital account, #008-052-9548-9003 entitled Bridge Replacement. Respectfully Submitted, W. Robert Herbert City Manager Honorable Mayor and Members of City Council Page 3 April 19, 1993 cc: City Attorney Director of Finance Director of Public Works Manager, Office of Management and Budget City Engineer Construction Cost Technician ATTACHMENT A BRIDGE %8052 - Craig Robertson RoadI S.E. over Garnand Branch Richard and Nancy G. Dearing Clifford W. and Jessie F. Derey Tax Number 4360504 Donald W. Sr. and Nancy G. Campbell Tax Number 436056 W. Brooks and Mary Y. Ferguson Tax Number 4370403 Myrl H. and Nannie Grace McNutt Tax Number 4370401 BRIDGE %8060 Centre Avenuel N.W. over Unnamed Branch Salem Bank and Trust, N.A. Tax Number 2310102 Natalie R. Foster and Mary W. Waynick Tax Number 2310101 F. P. Murray, Jr. Tax Number 2310601 Industrial Development Authority of the City of Roanoke, Tax Number 2310606 Virginia BRIDGE %8042 - Shenandoah Avenue~ N.W. over Unnamed Branch Joseph Abbott Tax Number 2310605 Industrial Development Authority of the City of Roanoke, Virginia Tax Number 2310619 Mary B. Waynick and Natalie R. Foster Tax Number 2311101 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 22, 1993 SANDRA H. EAKIN Deputy City Clerk File #2-27-28-207 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31421-041993 providing for acquisition of additional real estate needed by the City for construction of Statesman Industrial Park Stormwater Management Project; authorizing you to fix to a certain limit the consideration to be offered by the City for such parcels; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for award of a right of entry on any of the parcels for the purpose of commencing the project; and directing the mailing of said ordinance to certain property owners. Ordinance No. 31421-041993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 19, 1993. Sincerely, ~O.,t~_~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. 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. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. Barry L. Key, Manager, Office of Management and Budget Ms. Dolores C. Daniels, Assistant to the City Manager for Community Relations 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 22, 1993 File #2-27-28-207 Mr. James F. Douthat P. O. Box 14125 Roanoke, Virginia 24038 Dear Mr. Douthat: I am enclosing copy of Ordinance No. 31421-041993 p~oviding for acquisition of additional real estate needed by the City for construction of Statesman Industrial Park Stormwater Management Project; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for such parcels; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for award of a right of entry on any of the parcels for the pux~pose of commencing the project; and directing the mailing of said ordinance to certain property owners. Ordinance No. 31421-041993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 19, 1993. Sincerely, f~ 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, $.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk April 22, 1993 File #2-27-28-207 Mr. John W. Inge, III 2330 Maiden Lane, S. W. Roanoke, Virginia 24015 Dear Mr. Inge: I am enclosing copy of Ordinance No. 31421-041993 providing for acquisition of additional real estate needed by the City for construction of Statesman Industrial Park Stormwater Management Project; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for such parcels; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for award of a right of entry on any of the parcels for the purpose of commencing the project; and directing the maiLing of said ordinance to certain property owners. Ordinance No. 31421-041993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 19, 1993. Sincerely, ~O,.a.~/ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, The 19th day of April, 1993. No. 31421-041993. VIRGINIA, AN ORDINANCE providing for the acquisition of additional real estate needed by the City for the construction of the Statesman Industrial Park Stormwater Management Project; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for such parcels; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for an emergency. WHEREAS, in September 1991, by Ordinance No. 30715-92391, City Council authorized the acquisition of certain parcels for the Statesman Industrial Park Stormwater Management Project; and WHEREAS, design changes necessitated by engineering and environmental concerns require acquisition of some different easements and property configurations than anticipated in September of 1991. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the construction of the Statesman Industrial Park Stormwater Management Project, the City wants and needs, in addition to and along with the parcels identified in Ordinance No. 30715-92391, the three (3) parcels consisting of a fee tract for a Detention Basin, and public utility, access, storm drain, sanitary sewer and temporary construction easements, as more particularly listed in the report of the City Manager on this subject, dated April 19, 1993, on file in the Office of the City Clerk. The proper City officials are authorized to acquire for the City from the respective owners the necessary real estate with appropriate ancillary rights with respect to the three (3) parcels, for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to the applicable statutory guidelines. 2. The City Manager is directed to offer on behalf of the City to the owners of each of the aforesaid interests in land such consideration as he deems appropriate; provided, however, the total consideration offered or expended for all parcels to be acquired in connection with this project, including those identified herein and those identified in Ordinance No. 30715-92391, shall not exceed $150,000.00 without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the respective considerations to the owners of the interest conveyed, certified by the City Attorney to be entitled to the same. 3. Should the City be unable to agree with the owner of any real estate to be acquired or should any owner be a person under a disability and lacking capacity to convey real estate or should the whereabouts of the owner be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate real estate. 4. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for entry of an order, pursuant to S25-46.8, Code of Virginia (1950), as amended, granting to the City a right of entry for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to draw and pay into court the sums offered to the respective owners. 5. The City Clerk is directed to mail a copy of this ordinance to each affected property owner. 6. In order to provide for the usual daily operation of the municipal government, ordinance shall be in an emergency is deemed to full force and effect upon ATTEST: exist, and its passage. this City Clerk. Roanoke, Virginia April 19, 1993 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: STATESMAN INDUSTRIAL PARK STORMWATER MANAGEMENT PROJECT I. Background: City Council, at its regular meeting of July 22, 1990, authorized an engineering service contract with Mattern & Craig, Inc. to prepare plans, specifications, and other construction related documents for stormwater management facilities for Statesman Industrial Park. Ss Design and construction documents were completed, and at its regular meeting of September 23, 1991, City Council authorized the acquisition of necessary property and easements by providing for the expenditure of funds for those parcels which must be purchased at the appraised fair market value, and provide for the City Attorney to have the authority to institute condemnation proceed- ings, as necessary. II. Current Situation: ae Design changes necessitated by engineering and environmental concerns required acquisition of some different easements and property configurations than anticipated in September, 1991. Property and easements must be acquired to permit completion of the project. III. Issues in order of importance are: A. Project schedule B. Funding Honorable Mayor and Members of City Council Page 2 April 19, 1993 IV. Alternatives: Authorize the acquisition of the necessary proper- ty, access easement, and temporary construction easement by providing for the expenditure of funds for those parcels which must be purchased at the appraised fair market value, and provide for the City Attorney to have the authority to institute condemnation proceedings as necessary for the subject property (see Attachment "A"). 1. Project schedule will be maintained. 2. Funding is available in account #008-052-9656. Be Deny authority to acquire necessary property and easements to permit the project to proceed on its present schedule. 1. Pro~ect schedule will be delayed. 2. Funding will not be expended at this time. Ve Recommendation is that Alternative "A" be implemented as follows: City Council approve the proper measure, in a form approved by the City Attorney, authorizing: Property and easement acquisition for the revised configuration for three (3) parcels identified in Attachment "A". Total compensa- tion for this project shall not exceed the amount established previously, without further authorization by Council. Institution of condemnation and right of entry proceedings, as necessary, by the City Attorney in the event of refusal of property owners to accept settlement in order that undue delay may be avoided for the project. Respectfully Submitted, W. Robert Herbert City Manager Honorable Mayor and Members of City Council Page 3 April 19, 1993 WRH/CMH/kp cc: City Attorney Director of Finance Director of Public Works City Engineer Construction Cost Technician ATTACHMENT "A" STATESMAN INDUSTRIAL PARK REVISED STORMWATER MANAGEMENT PROJECT LAND NEEDS James F. Douthat 6.230 Acre Detention Basin Area - Temporary Construction Easement - Access Easement - 7130121 John W.~ III and Ann P. Inqe Storm Drain/Sanitary Sewer/Public Construction Easements 7140103 7130121 7130121 Utility and 7130122 and 7130122 and Temporary 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 22, 1993 SANDRA H. EAKIN Deputy City Clerk File #60-55-236-472 Mr. James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31422-041993 amending and reordaining certain sections of the 1992-93 General, Internal Service, and Capital Fund Appropriations, providing for appropriation of $372,300.00 and obligation of said funds to the Greater Roanoke Transit Company for the purpose of providing GRTC with the local match required to accept a Federal capital grant for purchase of 18 buses. Ordinance No. 31422-041993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 19, 1993. Sincerely, ~.A~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Kit B. Kiser, Director, Utilities and Operations Mr. Stephen A. Mancuso, General Manager, Valley Metro Mr. Barry L. Key, Manager, Office of Management and Budget Ms. Marie T. Pontius, Grants Monitoring Administrator 1992-93 Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINI/% The 19th day of April, 1993. No. 31422-041993. AN ORDINANCE to amend and reordain certain sections of the General, Internal Service, and capital Fund Municipal Government of the city of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1992-93 General, Internal Service, and Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Gener&l Fund Appronriations Nondepartmental Transfers to Other Funds Fund Balance Capital Maintenance Replacement & Equipment Program - City Unappropriated (2) .................. $ 12,927,597 (1) ........................ 12,245,314 1,236,210 Internal Servioe Fund Appropriations Transfers to Other Funds Transfers to Capital Fund (3) ....................... Retained Earninos Retained Earnings Unrestricted (4) ................. $ $ 295,300 295,300 3,314,498 capital Fund Appropriations Other Infrastructure GRTC Local Match (5) ................................ Revenue Transfer from ISF (6) ............................... $ $ 8,831,066 372,300 295,300 1) Transfer to Capital Fund (001-004-9310-9508) $ 77,000 2) CMERP - City (001-3323) ( 77,000) 3) Transfer to Capital Fund (006-004-8420-9508) 295,300 4) Retained Earnings Unrestricted (006-3336) (295,300) 5) Appropriated from General Revenue (008-056-9624-9003) 372,300 6) Revenue - Transfers from ISF (008-020-1234-1112) 295,300 BE IT FURTHER ORDAINED that, an emergency Ordinance shall be in effect from its passage. existing, this ATTEST: City Clerk. Roanoke, Virginia '93 ,PR13 73:18 April 19, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: City of Roanoke Share of Greater Roanoke Transit Company (GRTC) Capital Grant I. Backqround: GRTC Board of Directors authorized, in January of 1992, GRTC submission of a capital grant application to the federal and state governments for the purpose of obtaining the majority of the funds needed to replace 18 of GRTC's 38 buses. State government approved the capital grant application in May, 1992. Federal qovernment approval of the capital grant application was delayed by congressional earmarking of all available federal funds for other purposes. Federal economic stimulus packaqe, introduced in February, 1993, included $752t000,000 for mass transit projects, potentially providing the Federal Transit Administration with the funds necessary to approve the capital grant application. II. Current Situation: Capital qrant application is comprised of the following funding amounts: Federal $3,288,000 State 404,700 Local 372,300 Total $4,065,000 Federal government approval of the capital grant application appears imminent and acceptance of an approved grant requires certification regarding the availability and obligation of the local match. The required local match is available. Obligation of these funds requires action by City Council. Page 2 III. Issues: Need Fundinq availability Timinq IV. Alternatives: ae City Council appropriate a total of $372,300 and obligate said funds to GRTC for the purpose of providing GRTC with the local match required to accept the federal capital grant offered for the purchase of 18 buses. 1. Need will be met and the grant can be accepted. Fund availability exists. $295r300 is available from prior years retained earnings in the Internal Service Fund and $77r000 is designated in the Capital Maintenance and Equipment Replacement Program in the General Fund. Total available funds equal $372r300. Timing will permit acceptance of the grant within the 90 day period allowed for same. City Council not appropriate and obligate any funds to GRTC for the purpose of providing GRTC with the local match required to accept the federal capital grant offered for the purchase of 18 buses. Need will not be met and the grant cannot be accepted. 2. Fund availability will not change. Timing will delay acceptance of the grant until such time as City Council might choose otherwise and any delay beyond 90 days after the grant is offered will cause the grant to be forfeited. Recommendation: It is recommended that City Council concur with Alternative "A" and appropriate $295,300 from prior years retained earnings in the Internal Service Fund, and $77r000 from the Capital Maintenance and Equipment Replacement Program in the General Fund, all of which is to be transferred to an Page 3 account to be established in the Capital Projects Fund for the purpose of providing GRTC with the $372,300 local match required to accept the federal and state capital grants totalling $3,692,700 for the purchase of 18 buses. Respectfully submitted, W. Robert Herbert City Manager WRH:SAM:afm CC: City Attorney Director of Finance Office of Management & Budget General Manager, GRTC MARY F. PAl~ City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vh'~inia 24011 Telephone: (703) ~1-2541 SANDRA H. EAKIN Deputy City Clerk April 22, 1993 File #70=472 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31424-041993 providing for the purchase of one aerial ladder truck for use by the City, upon certain terms and conditions, by accepting the bid of Simon Ladder Towers, Inc., made to the City, in the amount of $510,000.00, for furnishing and delivering such equipment; and rejecting all other bids made to the City. Resolution No. 31424-041993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 19, 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. George C. Snead, Jr., Director, Public Safety Mr. Rawleigh W. Quaries, Fire Chief 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 Mr. Kit B. Kiser, Director, Utilities and Operations Mr. D. Darwin Roupe, Manager, General Services MARY F. PARKER City Clerk, CMC/A~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 4.~6 Roanoke, Vir~ni~ 72011 Telephone: (703) 981-2~1 SANDRA H. EAKIN Deputy City Clerk April 22, 1993 File #70-472 Mr. William H. Fenton Sales Manager Fire Equipment Supply Co., Inc. 3614 East Street Landover, Maryland 20785 Dear Mr. Fenton: I am enclosing copy of Resolution No. 31424-041993 providing for the purchase of one aerial ladder truck for use by the City, upon certain terms and conditions, by accepting the bid of Simon Ladder Towers, Inc., made to the City, in the amount of $510,000.00, for furnishing and delivering such equipment; and rejecting all other bids made to the City. Resolution No. 31424-041993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 19, 1993. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed equipment. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric o MARY F. PA~I~.R 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 22, 1993 File #70-472 Mr. Scott A. Hornberger Bid Coordinator Simon Ladder Towers, Inc. 64 Coccalico Creek Road Ephrata, Pennsylvania 17522 Dear Mr. Hornberger: I am enclosing copy of Resolution No. 31424-041993 providing for the purchase of one aerial ladder t~uck for use by the City, upon certain terms and conditions, by accepting the bid of Simon Ladder Towers, Inc., made to the City, in the amount of $510,000.00, for furnishing and delivering such equipment; and rejecting all other bids made to the City. Resolution No. 31424-041993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 19, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno o IN THE COUNCIL OF THE CITY OF ROANOKE, The 19th day of April. 1993. No. 31424-041993. VIRGINIA, A RESOLUTION providing for the purchase of one (1) aerial ladder truck for use by the City, upon certain terms and conditions, by accepting a bid made to the City for furnishing and delivering such equipment; and rejecting other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Simon Ladder Towers, Inc. made to the City in the amount of $510,000.00 offering to furnish and deliver to the City, f.o.b., Roanoke, Virginia one (1) aerial ladder truck plus specified equipment and performance bond, such bid being in full compliance with the City's specifications made therefor as modified through negotiations between the City and the bidder in accordance with S23.1-14.C, Code of the City of Roanoke (1979), as amended, as more fully set forth in the report of the City Manager dated April 19, 1993, which bid is on file in the Office of the City Clerk is hereby ACCEPTED. 2. The City's Manager of General Services is authorized and directed to issue the requisite purchase order therefor, incorporating into said order the City's specifications, as modified, the terms of said bidder's proposal, and the terms and provisions of this resolution. 3. Any other bids made to the City for the supply of such equipment are hereby rejected, and the City Clerk is directed to notify such other bidders and to express the City's appreciation for their bids. ATTEST: City Clerk. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk April 22, 1993 File #60-70-472 Mr. James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31423-041993 amending and reordaining certain sections of the 1992-93 General and Internal Service Fund Appropriations, providing for appropriation of $510,000.00 from the Capital Maintenance and Equipment Replacement Program to Fleet Management, in connection with acceptance of the bid submitted by Simon Ladder Towers, Inc., for one new aerial ladder truck, including operational equipment and performance bond, to be used by the Fire Department. Ordinance No. 31423-041993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 19, 1993. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Mr. W. Robert Herbert, City Manager Mr. George C. Snead, Jr., Director, Public Safety Mr. Rawleigh W. Quarles, Fire Chief 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 Mr. Kit B. Kiser, Director, Utilities and Operations Mr. D. Darwin Roupe, Manager, General Services IN THE COUNCIL OF THE CITY OF RO~NOKEv VIRGINI~ The 19th day of April, 1993. No. 31423-041993. AN ORDINANCE to amend and reordain certain sections of the 1992-93 General and Internal Service Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to Government of the exist. THEREFORE, ~E IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1992-93 General and Internal Service Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental Transfers to Other Funds (1) ........................ Fund Balance Capital Maintenance Equipment Replacement Program - city Unappropriated (2) .................. Internal Service Fund Appropriations Fleet Maintenance capital Outlay (3) .................................. $ 13,360,597 12,678,314 Revenue Operating Supplement General Fund (4) ............... $ 803,210 $ 1,560,145 1,718,171 695,431 1) Transfer to Internal Service Fund 2) CMERP - City 3) Vehicular Equipment 4) Operating Supplement General Fund (001-004-9310-9506) (001-3323) (006-050-2641-9010) (006-020-1234-0951) 510,000 (510,oo0) 510,000 510,000 BE IT FURTHER ORDAINED that, an emergency Ordinance shall be in effect from its passage. existing, this ATTEST: City Clerk. Virgini?IfY~ ' . Roanoke, April 19, 1993 '93 / P1 14 P2'.57 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Bids for Aerial Ladder Truck, Bid No. 93-3-1 I. Backqround Capital Maintenance and Equipment Replacement Program has identified the need to replace one (1) Aerial Ladder Truck in the Fire Department. Specifications were developed and sent to twenty- six (26) vendors that are currently listed on the City's bid list. A public advertisement was also published in the Roanoke Times and Roanoke Tribune. March 25~ 1993 bids were received, publicly opened and read in the Office of the Manager of General Services, after due and proper advertisements. Bond requirements - A Performance Bond in the amount of 100% of the bid was specifically identified in the specifications as a requirement. Bid specifications did allow for the flexibility to negotiate with the lowest responsible bidder if bids exceeded available Funds. This is pursuant to Section 23.1-4(c) of the Code of the City of Roanoke, (1979), as amended. II. Current Situation Ail bid responses were evaluated in a manner by representatives of the departments: consistent following Public Safety Fire Department General Services B. Bid evaluations are as follows: 1. Two (2) Firms responded with bids. Each Firm provided a base bid and an alternate bid. Aerial Ladder Truck Page 2 Bid No. 93-3-1 IV. The lowest bid, the alternate bid submitted by Fire Equipment Supply Co., Inc. took exception to the tip load requirement which is a substantial exception and cannot be waived as an informality. The second lowest bid, which is the alternate bid submitted by Simon Ladder Towers, Inc. took exception to the tip load requirement which is a substantial exception and cannot be waived as an informality. The lowest responsible bid meeting specifications, submitted by Simon Ladder Towers, Inc. meets all specifications for the cost, including performance bond, of $554~832.54. The lowest responsible bid meeting specifications, submitted by Simon Ladder Towers, Inc. exceeds the amount of Funds that have been designated for the purpose of purchasing this unit. Neqotiations with Simon Ladder Towers, Inc. were conducted as allowed by the Code of the City of Roanoke. Those negotiations resulted in the reduced price, including operational equipment and performance bond, of $510~000.00. See Attachment Alternatives Accept the lowest responsible bid meeting specifications for one (1) new Aerial Ladder Truck from Simon Ladder Towers, Inc. including operational equipment and performance bond for the negotiated total amount of $510,000.00. Need - Requested equipment is needed for and will provide necessary fire protection to the citizens of the City of Roanoke. Compliance with specifications - The unit requested in this alternative meets all required specifications. Aerial Ladder Truck Page 3 Bid No. 93-3-1 CC: Fund availability - Funds are available in the Capital Maintenance and Equipment Replacement Program to provide for the purchase of requested equipment. B. Reject all Bids. Need - The necessary fire protection to the citizens would not be accomplished 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. V. Recommendation Council concur with Alternative "A" - accept the lowest responsible bid from Simon Ladder Towers, Inc. for one (1) new Aerial Ladder Truck, including operational equipment and performance bond, for the negotiated cost of $510~000.00. B. Reject other bids. Ce Appropriate $510,000.00 from Capital Maintenance and Equipment Replacement Program to Fleet Management account 006-052-2641-9010 to provide for this purchase. Respectfully Submitted, W. Robert Herbert City Manager City Attorney Director of Finance Management & Budget 0 0 ~l~-P , ~I> ,H.-4 o''n 0 0 0 0 o 0 0 0 0 o o 0 Attachment "A" Bid March 23, 1993 Amount negotiated by adjusting specifications Deductions: Secondary Solenoid Load Alarm Dri Deck Salvage Covers Bolt Cutters Insulated Wire Cutters Fan Extended Service Rope Akron Nozzle Trips LTI $554,001.54 (29,126.00) (1,250.00) (1,500.00 (1,395.00 (624.00 (396.00 (105.00 (95.OO (186.00 (530.00 (4,500.00) (4,294.54) TOTAL 510f000.00 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) 9~I-2541 Deputy City Clerk April 22, 1993 File #514 Mr. Daniel F. Layman, Jr., Attorney Woods, Rogers and Hazlegrove P. O. Box 14125 Roanoke, Virginia 24038 Dear Mr. Layman: I am enclosing copy of Ordinance No. 31404-041993 permanently vacating, discontinuing and closing that certain 50 foot section of Maddock Avenue, N. W., extending in a westerly direction from Williamson Road between Official Tax Nos. 3080906 and 3080817. Ordinance No. 31404-041993 was adopted by the Council of the City of Roanoke on first reading on Monday, April 12, 1993, also adopted by the Council on second reading on Monday, April 19, 1993, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Estate of Gertrude Smith, 109 Clover Avenue, N. W., Roanoke, Virginia 24012 Ms. Jody A. Zabo and Ms. Marianne Vanburen, 107 Maddock Avenue, N. W., Roanoke, Virginia 24012 Ms. Page M. Pence, 108 Maddock Avenue, N. W., Roanoke, Virginia 24012 Mr. and Mrs. James J. Perkins, 112 Maddock Avenue, N. W., Roanoke, Virginia 24012 Mr. and Mrs. Eldon L. Hughes, 120 Maddock Avenue, N. W., Roanoke, Virginia 24012 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney 'Mr. Daniel F. Layman, Jr. April 22, 1993 Page 2 pc: Mr. Steven J. Talevi, Assistant City Attorney Mr. Willard N. Claytor, Director of Real Estate Valuation Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Milier, Building Commissioner/Zoning Administrator Mr. John R. Marlles, Agent, City Planning Commission Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator MARY F. PARKER City Clerk, CMC/,~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 21~ Church Argue, S.W., Room 4~6 Roanoke, V'u~_'nia 24011 Telephone: (70~) 9~1-2.~41 SANDRA H. EAKIN Deputy City Clerk April 22, 1993 File//514 The Honorable Arthur B. Crush, III Clerk of the Circuit Court Roanoke, Virginia Dear Mr. Crush: I am enclosing copy of Ordinance No. 31404-041993, for proper recordation in your office, which provides for the permanent vacating, discontinuing and closing of a certain 50 foot section of Maddock Avenue, N. W., extending in a westerly direction from Williamson Road between Official Tax Nos. 3080906 and 3080817. Ordinance No. 31404-041993 was adopted by the Council of the City of Roanoke on first reading on Monday, April 12, 1993, also adopted by the Council on second reading on Monday, April 19, 1993, and will take effect ten days following the date of its second reading. Sincerely, ~7~ ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Mr. Daniel F. Layman, Jr., Attorney, Woods, Rogers and Hazlegrove, P. O. Box 14125, Roanoke, Virginia 24038 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 1993. No. 31404-041993. AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. WHEREAS, Berglund Chevrolet, filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S30-14, Code of the City of Roanoke (1979), as amended, public hearing on the matter, has Council; and and after having conducted a made its recommendation to WHEREAS, a public hearing was held on said application by the City Council on April 12, 1993, after due and timely notice thereof as required by S30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to from permanently vacating, discontinuing and closing right-of-way. the public said public THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That certain 50' section of Maddock Avenue, N.W., extending in a westerly direction from Williamson Road, N.W., between Official Tax Nos. 3080906 and 3080817. be, and hereby is, permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any public utility, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public rights-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the closure of the above-described right-of-way is conditioned upon applicant's submitting to the 2 City, receiving approval of, and recording in the Clerk's Office of the Circuit Court, a subdivision plat, providing for the combination of the land within the vacated right-of-way vacated by the previously adopted Ordinance No. 31334-012693, and the 50' section of right-of-way which is the subject of the present proceeding, with the applicant's abutting property, or as otherwise provided by law, providing for all necessary easements for all utilities, both public and private, existing in the right-of-way vacated by Ordinance No. 31334-021693 and the present ordinance, and dedicating an area sufficient to provide a cul-de-sac turnaround at the terminus of the subject street. BE IT FURTHER ORDAINED that the closure of the above-described right-of-way is conditioned upon applicant's installing and maintaining a landscape buffer of non-deciduous trees set on 10' centers, at a minimum height of 6' along the eastern and southern boundaries of properties bearing Official Tax Nos. 3080807 and 3080817, along the southern boundary of Lot 45 of Official Tax No. 3080806, the eastern boundary of the proposed cul-de-sac, along the eastern boundary of the proposed cul-de-sac, along the eastern and southern boundaries of Official Tax No. 3080905, thence along the southern boundaries of Official Tax Nos. 3080904 and 3080903, and finally along the eastern boundary of Official Tax No. 3080913 to the right-of-way line of Thurston Avenue, N.W., all of which are shown and described on Map "A" attached to the Planning Commission's report dated April 12, 1993, and that if any or all residences currently situated within the Commercial C-2 Zoning District on currently existing Official Tax Nos. 3080903, 3080904 and 3080905 are removed by Berglund in the future, the above 3 applicable landscaping buffer shall be relocated by Berglund to an appropriate point along the southerly boundary of the Street right- of-way and adjacent to any remaining residence(s) or the existing RM-1 boundary, whichever is applicable or appropriate to the need, and as approved by the Agent to the Planning Commission. BE IT FURTHER ORDAINED that the closure of the above-described right-of-way is conditioned upon applicant,s constructing within the aforementioned dedicated right-of-way a paved cul-de-sac with curb and gutter, in a manner that will preclude any circular portion of such cul-de-sac being located in front of 120 Maddock Avenue (Official Tax No. 3080816), where said parcel abuts the northerly side of Maddock Avenue, and submitting to the City for its review a preliminary plan describing future plans for expansion, including all plans to rezone additional land or to close any additional street portion in or adjacent to blocks C and D as shown on the City's Official Appraisal Map Sheet No. 308, and submitting to the City of Roanoke a comprehensive plan of development providing thereon for the manner in which the current proposed cul-de-sac will be constructed, the manner in which the landscape buffer will be installed and the manner in which the proposed expansion of the Berglund operations will be laid out and constructed, all of which shall be consistent with the requirements of the City's subdivision and zoning ordinance. BE IT FURTHER ORDAINED that in the event the above-stated conditions have not been met within twenty-four (24) months from the effective date of this ordinance, this ordinance shall become null and void with no further action by City Council being necessary. BE IT FURTHER ORDAINED that the closure of the above-described right-of-way is conditioned upon the applicant, or any successor in interest, not using the remaining section of Maddock Avenue, N.W., as situated between blocks C and D, as shown on the City's Official Appraisal Map Sheet No. 308, and as shown on the Map "B" attached to the Planning Commission Report dated April 12, 1993, for access to and from its commercial operation, so long as the remaining Street section is being used for residential purposes. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of- way is shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of Berglund Chevrolet, and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. 5 {:IT'(,"" ' '93 MAR 24 Roanoke Ci~ Planning Commission April 12, 1993 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Berglund Chevrolet, Inc., represented by Daniel F.Layman, Jr., attorney, that a 50 foot portion of Maddock Avenue, N.W., lying between Official Tax Nos. 3080817 and 3080906, be permanently vacated, discontinued and closed. ae Berqlund Chevrolet, Inc. on December 15, 1992, submitted an application to close and permanently vacate a 425' section of Maddock Avenue, N.W. Planninq Commission reviewed the application on January 6, 1993, and recommended that City Council approve the request subject to certain and specific conditions. Ce ~ adopted Ord. No. 31334-021693 on February 8, 1993, providing for the requested closure upon final compliance by the applicant with specific conditions set forth in the ordinance, within a period of 24 months from the date of such adoption. De ~ owned all of the land on both sides of the 425' section of Maddock Avenue as requested for closure at that time. Prior to the filing of Berglund's previous application for closure, the applicant had made a number of unsuccessful attempts to acquire the property at 124 Maddock Avenue. Applicant was, therefore, unable at that time, to include this additional street area in its request for closure. Ord. No. 27656 was adopted by City Council on July 22, 1985, providing for the rezoning of a number of lots fronting on Maddock Avenue from residential multifamily (RM-1) use to commercial (C-2) use. Room 355 Municipal Building 215 Church Avenue, SW~ F~anoke, Virginia 24011 (703) 981-2344 Members of Council Page 2 II. Current Situation: ADDlicant has now acquired the property at 124 Maddock Avenue, N.W., and currently owns the properties on both sides of a 50' section of the street that was not included in the previous request for closure (see attached map "A"). ADDlication to close and permanently vacate a 50' section of Maddock Avenue, N.W., was submitted by Berglund Chevrolet, Inc., on February 10, 1993. Street area as currently requested for closure represents a portion of Berglund's previous plans to expand its operations. Applicant was unable, however, to acquire title to the necessary property prior to the filing of its previous application for closure. Planning Commission reviewed the application for closure at its regular meeting of March 3, 1993. II. Issues: A. NeiGhborhood impact. B. Traffic impact. C. Utilities within the riqht-of-wa¥. D. Creation of a dead-end street. E. Relationship to the comprehensive Dian. IV. Alternatives: ae Approve the applicant's request to close and permanently vacate the subject 50' section of Maddock Avenue, N.W., subject to certain conditions as outlined in Section V., of this report. 1. Neiqhborhood impact. ae Area of street closure as provided for under previous closure ordinance (February 8, 1993) will be extended to the west for a distance of 50 feet, providing for a total closure of 475 feet. Members of Council Page 3 6e Cul-de-sac area (new street terminus) will be screened by a planting (trees) buffer 6' or more in height. Traffic impact: Closure by cul-de-sac of Maddock Avenue will improve traffic flow on Williamson Road by eliminating the Maddock Avenue intersection with Williamson Road. be Traffic from the City Service Center on Courtland Road will not be affected by this closure. Utilities within the public riqht-of-wa¥: a. City has utilities within the right-of-way. Private utilities are located within the right-of-way. Storm drainage facilitation will be provided by the applicant. de Easements for all existing utilities will be retained as a condition to closure. Creation of a dead-end street: a. Closure will create a dead-end street. Cul-de-sac turnaround will be provided at the proposed street terminus. Land use: Proposed street closure and landscape buffer will improve upon the separation of commercial and residential land uses within this City block. b. Berglund Chevrolet will be able to increase its total area of expansion. Relationship to the comprehensive plan: Diminishing number of residential uses existing between the commercial district (Berglund) and the light manufacturing (City Members of Council Page 4 Service Center) district on the westerly side of Courtland Avenue, N.W., reduces the desirability of this (compressed) area for residential use. be Current trends appear to indicate that the residential area lying between the City Service Center (LM) and the Berglund Chevrolet (commercial) operations will eventually, and by necessity convert to commercial (C-2) use. The request is consistent with the intent of the comprehensive plan that available land be utilized in the most appropriate manner. Deny the applicant's request to close and vacate the subject 50' section of Maddock Avenue, N.W. 1. Neighborhood impact would not be an issue. 2. Traffic impact would not be an issue. Utilities within the riqht-of-way would not be an issue. 4. Creation of a dead-end street would not be an issue. Land use. Berglund Chevrolet will not be able to utilize this additional 50'x50' (2,500 s.f.) area of land for expansion purposes. Relationship to the comprehensive plan would not be an issue. Recommendation: By a vote of 6-0 (Mr. Buford absent) the Planning Commission recommends that City Council approve Alternative A, thereby approving the applicant's request to close and permanently vacate the subject 50' section of Maddock Avenue, N.W.,subject to the following conditions: ae The applicant shall submit to the City for its review and approval, a subdivision plat, and shall record an approved plat with the Clerk of the Circuit Court, with said plat providing for the following: Combination of the land within the right-of-way vacated by the previously adopted Ordinance No. 31334-012693, and the 50' section of right-of-way Members of Council Page 5 as currently requested for closure with the applicant's abutting property, or as provided for by law, and the dedication of an area sufficient to provide a public turnaround (cul-de-sac), as located and shown on the attached map "A" as a part of this report. Retention of all easements for utilities existing within the right-of-way vacated by Ord. No. 313344- 021693 and the 50' section of right-of-way currently requested for closure. The applicant shall install and maintain a landscape buffer of non-deciduous trees set on 10' centers at a minimum height of 6' along the eastern and southern boundaries of properties bearing official tax numbers 3080807 and 3080817, along the southern boundary of lot 45 in tax parcel 3080806, the eastern boundary of the proposed cul-de-sac, along the eastern and southern boundaries of tax parcel 3080905, thence along the southern boundaries of tax parcels 3080904 and 3080903, and finally along the eastern boundary of tax parcel 3080913 to the right-of-way line of Thurston Avenue, N.W., all of which are shown and described on attached Map "A" of this report, and that in the event that any or all of the residences currently situated within the commercial (C-2) zoning district on existing tax parcels 3080903, 3080904 and 3080905 (as shown on attached Map "A") are removed by Berglund in the future, the above and applicable landscaping buffer shall be relocated by the applicant to an appropriate point along the southerly boundary of the street right-of-way and adjacent to any remaining residence(s) or the existing RM-1 boundary, whichever is applicable or appropriate to the need, and as approved by the Agent to the Planning Commission. The applicant shall construct within the aforementioned dedicated right-of-way a paved cul-de-sac with curb and gutter, in a manner that will preclude any circular portion of such cul-de-sac being located in front of 120 Maddock Avenue (tax parcel 3080816) as shown on the same attached map "A", where said parcel abuts the northerly side of Maddock Avenue. The applicant shall submit to the City for its review a preliminary plan describing thereon the future plans of Berglund Chevrolet for expansion including all plans to rezone additional land or to close any additional street portion in or adjacent to blocks C and D as shown on the City's official appraisal map sheet no. 308, as shown and Members of Council Page 6 described on the attached map "B" of this report, and that the applicant shall, in conjunction with the current request for street closure, submit to the city for its review and approval, a comprehensive plan of development providing thereon for the manner in which the current proposed cul-de-sac will be constructed, the manner in which the landscape buffer will be installed and the manner in which the proposed expansion of the Berglund operations will be laid out and constructed, all of which shall be consistent with the requirements of the city's subdivision and zoning ordinances. That the applicant agrees that if the above-cited conditions have not been met within a period of 24 months from the date of the adoption of any ordinance providing for the subject street closure, then said ordinance shall become null and void with no further action by city Council being necessary. The applicant shall not use the remaining section of Maddock Avenue, N.W., as situated between blocks C and D as shown on the City's official appraisal map sheet no. 308 and as shown on the attached Map "B" of this report, for access to and from its commercial operation so long as the remaining street section is being used for residential purposes. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission ERT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Attorney for the Petitioner VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE IN RE: APPLICATION OF BERGLUND CHEVROLET, INC. FOR VACATION OF A 50-FOOT PORTION OF MADDOCK AVENUE, N.W., WEST OF WILLIAMSON ROAD, N.W. TO: The Honorable Mayor and Members of City Council (1) Berglund Chevrolet, Inc. ("Petitioner") applies to have a portion of Maddock Avenue, N.W., in the City of Roanoke, Virginia, permanently vacated, discontinued, and closed pursuant to Section 15.1-364, Code of Virginia, and Section 30-14, Code of the City of Roanoke (1979), both as amended. The portion of Maddock Avenue to be closed lies adjacent to and west of the portion of Maddock Avenue Just closed by City Council in February, and lies between the lots hearing City of Roanoke Official Tax Nos. 3080906 and 3080817. It is shown cross-hatched on the copy of a portion of City of Roanoke Appraisal Map Sheet 308 attached to this ApDlic&tlon as Exhibit A. This application would extend the closed portion of Maddock Avenue from 425 west of Willl-mmon Road to 475 feat west of Wllliamlon Road. (2) The grounds for this application are the same as those for the closing of the portion of Maddock Avenue previously vacated I:./CltyCouncil. Petitioner has Just acquired the lot designated by Official Tax No. 3080817, already owns that designated by Official Tax No. 3080906, and would now like to M#137237 have the use of the additional fifty (50) feet of Maddock for expansion of its present facilities. (3) If this application is approved, Petitioner agrees as follows: (a) It will submit for approval by the City and recordation in the Clerk's Office of the City Circuit Court a subdivision plat, providing for combination of the land within the vacated right-of-way with its abutting property or otherwise as required by law and dedicating to the City area sufficient for a cul-de-sac turnaround at the new termination 9oint of Maddock, in accordance with the requirements of City ordinances. (b) It will submit for approval by the appropriate officials of the City a comprehensive plan of development providing for the planting of trees as a buffer at the new terminus of the street and showing the manner in which the proposed expansion of its operations will be laid out and constructed, all consistent with the requirements of the City's subdivision and zoning ordinances. (c) Vehicular access will be prohibited from the cud- dehsa¢ to the parcels beefing Official Tax Nos. 3080906, 3080907, 3080908, 3080909 and 3080923.and the closed portion of Maddock Avenue. (4) The landowners and occupants of property along the portion of Maddock Avenue which will remain open (i.e., east of the portion which Is the subject of this Application} were satisfied with the conditions attached to the prior street closing, and petitioner believes that those conditions as applied M%137237 2 to this closing (and set forth above) will likewise be satisfactory to those owners and occupants. (5) A list of the owners of property along Maddock Avenue between Courtland Road and Wllliamson Road (other than Petitioner) is attached to this application as Exhibit B. WHEREFORE, Berglund Chevrolet, Inc. respectfully requests that the above-described portion of Maddock Avenue, N.W., be vacated, discontinued and closed by the Council of the City of Roanoke in accordance with Section 15.1-364, Code of Virginia, and Section 30-14, Code of the City of Roanoke, both as amended to date. Date: February 10, 1993 Respectfully, BERGLUND CHEVROLET, INC. Of Counsel d~ Daniel F. La%~an, Jr. Woods, Rogers & Hazlegrove P. O. Box 14125 Roanoke, VA 24038 (703) 983-7653 Counsel for Petitioner M~137237 3 PROPERTY OWNERS Estate of Gertrude Smith 109 Clover Ave. Roanoke, VA 24012 Exhibit B OFFICIAL TAX NUMBERS 3080812 Jody A. Zabo Marianne Vanburen 107 Maddock Avenue Roanoke, VA 24012 3080902 Page M. Pence 108 Maddock Avenue Roanoke, VA 24012 James J. and Eva J. 112 Maddock Avenue Roanoke, VA 24012 Eldon L. and Cynthia T. 120 Maddock Avenue Roanoke, VA 24012 Perkins Hughes 3080813 3080814 3080816 H~137237 .EXHIBIT A ClT' ROAI LOCATION Williamson Road Berglund Chevrolet Ormmnce No. 31344-] ~021693 1993 ~'r_~ Landscapm~ Berglund Chevrolet section requested for closure Courtland Avenue MAP A ok -~-- Courtland Avenue %' from City Official Map Sheet #308 MAP B AD NUMbeR - 32423944 PUBLISHER*S FEE - DANIEL F LAYMAN iD S JEFFERSON ST SUITE 1400 PO BOX 14125 ROANOKE VA 24038 RECE!',~ q '93 APR12 P1:38 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION I, ITitE UNDERSIGNED) AN AUTHORIZEO REPRESENTATIVE OF THE TIMFS-NORLD PORATION~ WHICH CDRPORATION IS PU6LISHER OF THE ROANOKE TIMES & ~ORLD-NEWS~ DAILY NEWSPAPER PUBLISHED IN ROANOKE9 IN THE STATE OF VIRGINIAt DO CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 03/26/93 MORNING 04/02/93 MORNING AUTHORIZED SIGNATURE TO WHOM IT MAY C(X~' MARY F. PAi~KER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 21:5 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 25, 1993 File #514 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, April 12, 1993, at 7:30 p.m., or as soon thereafter as the matter may be heard, on the request of Daniel F. Layman, Jr., Attorney, representing Bergiund 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. For your information, I am enclosing copy of the City Planning Commission report with regard to the abovedescribed public hearing. If you desire additional information prior to the public hearing, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm April Ene. pc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. Willard N. Claytor, Director of Real Estate Valuation Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations The Honorable Mayor and Members of the Roanoke City Council March 25, 1993 Page 2 pc: Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. John R. Marlles, Agent, City Planning Commission Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator Ms. Doris Layne, Office of Real Estate Valuation MARY F. PARKI~ 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 March 25, 1993 SANDi~,AH. EAKIN Deputy City Clerk File #514 Mr. Daniel F. Layman, Jr., Attorney Woods, Rogers and Hazlegrove P. O. Box 14125 Roanoke, Virginia 24038 Dear Mr. Layman: Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing will be held on Monday, April 12, 1993, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on the request of 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. For your information, I am enclosing copy of a notice of the public hearing providing for the closure, which notice was prepared by the City Attorney's Office. Please review the document and if you have questions, you may contact Mr. Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the City Planning Commission report should be directed to Mr. John R. Marlies, Chief of Community Planning, at 981-2344. Sincerely, Mary F. Parker, CMCfAAE City Clerk MFP: sm April Erie. Mr..Dardel F. Layman, Jr., Attorney M~arch 25, 1993 Page 2 pc: Estate of Gertrude Smith, 109 Clover Avenue, N. W., Roanoke, Virginia 240]2 Ms. Jody A. Zabo and Ms. Marianne Vanburen, 107 Maddock Avenue, N. W., Roanoke, Virginia 24012 Ms. Page M. Pence, 108 Maddock Avenue, N. W., Roanoke, Virginia 24012 Mr. and Mrs. James J. Perkins, 112 Maddock Avenue, N. W., Roanoke, Virginia 24012 Mr. and Mrs. Eldon L. Hughes, 120 Maddock Avenue, N. W., Roanoke, Virginia 24012 NOTICE OF PUBLIC HEARING TO WHOM IT F~AY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, April 12, 1993, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on an application to permanently abandon, vacate, discontinue and close the following public right- of-way: A 50-foot section of Maddock Avenue, N.W., extending in a westerly direction from Williamson Road, N.W., between Official Tax Nos. 3080906 and 3080817. is available A copy of this proposal the Office of the City Clerk, Room 456, parties in interest may appear on the above date the question. GIVEN under my hand this 24th day of and be for public inspection in Municipal Building. Ail heard on March , 19 93 ' Mary F. Parker, City Clerk. Please publish in full twice, once on Friday, March 26, 1993, and once on Friday, April 2, 1993, in the Roanoke Times and World-News. Send publisher's affidavit to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Send bill to: Mr. Daniel F. Layman, Jr., Attorney Woods, Rogers and Hazlegrove P. O. Box 14125 Roanoke, Virginia 24038 MARY F. PA~ 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) 981-2541 SANDRA H. EAKIN Deputy City Clerk February 18, 1993 File #514 Mr. Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application from Daniel F. Layman, Jr., Attorney, representing B ergiund Chevrolet, Inc., requesting that a 50 foot portion of Maddock Avenue, N. W., west of Williamson Road, be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw a/bergiund Eno. pc: Mr. Daniel F. Layman, Jr., Attorney, Woods, Rogers and Hazlegrove, P. O. Box 14125, Roanoke, Virginia 24038 The Honorable Mayor and Members of the Roanoke City Council Mr. John R. Marlles, Agent, City Planning Commission Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. Edward R. Tucker, City Planner Mr. Steven J. Talevi, Assistant 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. EAKIN I~puty City Clerk April 22, 1993 File #9=514 Mr. and Mrs. James L. Cross, Jr. 3817-2 Stratford Park Drive, S. W. Roanoke, Virginia 24018 Dear Mr. and Mrs. Cross: I am enclosing copy of Ordinance No. 31413-041993 permanently vacating, discontinuing and closing that certain 672 foot section of Barns Avenue, N. W., extending in an easterly direction from its intersection with Peters Creek Road, N. W., said section not to include a certain area consisting of approximately 175 square feet, as more particularly described in Ordinance No. 31413-041993. Ordinance No. 31413-041993 was adopted by the Council of the City of Roanoke on first reading on Monday, April 12, 1993, also adopted by the Council on second reading on Monday, April 19, 1993, and will take effect ten days following the date of its second reading. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Ms. Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport, 5202 Aviation Drive, N. W., Roanoke, Virginia 24012 United States of America, 5301 Barns Avenue, N. W., Roanoke, Virginia 24019 BHss, Inc., 5219 Peters Creek Road, N. W., Roanoke, Virginia 24019 Mr. Wayne I. Ayers, 5175 Peters Creek Road, N. W., Roanoke, Virginia 24019 Mr. W. Robert Herbert, City Manager Mr. Steven J. Taievi, Assistant City Attorney Mr. and Mrs. James L. Cross, Jr. April 22, 1993 Page. 2 pc: Mr. Kit B. Kiser, Director, Utilities and Operations Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator Mr. John R. Marlles, Agent, City Planning Commission MARY F. PA~K~ 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 April 22, 1993 SANDRA H. EAKIN l~puty City Clerk File #9-514 The Honorable Arthur B. Crush, III Clerk of the Circuit Court Roanoke, Virginia Dear Mr. Crush: I am enclosing copy of Ordinance No. 31413-041993, for proper recordation in your office, which provides for the permanent vacating, discontinuing and closing of a certain 672 foot section of Barns Avenue, N. W., extending in an easterly direction from its intersection with Peters Creek Road, N. W., said section not to include a certain area consisting of approximately 175 square feet, as move particulariy described in Ordinance No. 31413-041993. Ordinance No. 31413-041993 was adopted by the Council of the City of Roanoke on first reading on Monday, April 12, 1993, aiso adopted by the Council on second reading on Monday, April 19, 1993, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Mr. and Mrs. James L. Cross, Jr., 3817-2 Stratford Park Drive, S. W., Roanoke, Virginia 24018 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 1993. No. 31413-041993. AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. WHEREAS, Nancy W. Cross, filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S30-14, Code of the City of Roanoke (1979), as amended, public hearing on the matter, has Council; and and after having conducted a made its recommendation to WHEREAS, a public hearing was held on said application by the City Council on January 11, 1993, after due and timely notice thereof as required by S30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. ATTACHMENT I THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That certain 672' section of Barns Avenue, N.W., extending in an easterly direction from its intersection with Peters Creek Road, N.W., said section not to include an area consisting of approximately 175 square feet and being more particularly described as follows: Beginning at an iron rod found in the fence line of the security fence of the Roanoke Regional Airport, said point being in the southerly right of way line of Peters Creek Road, N.W., Virginia Route 117, at the intersection with the southerly right of way of Barns Avenue, N.W. (Old Virginia Route 117), thence along the said right of way line of Peters Creek Road, N.W. with a curve to the left having a radius of 3884.72 feet, a delta angle of 0°30'05'', a tangent of 17.00 feet, a chord of 34.00 feet bearing N 65°53'15"E, along the arc a length of 34.00 feet to a point, thence leaving Peters Creek Road, N.W. and with a line through Barns Avenue, N.W..S 24°21'48"E, 10.33 feet to a point in the southerly right of way line of Barns Avenue, N.W.; thence with said right of way line S 82°46'00"W, 35.57 feet to the point of beginning, be, and hereby is, permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any public utility, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public rights-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-wa~ of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the closure of the above-described right-of-way is conditioned upon applicant's providing to the City an approved subdivision plat, combining all properties that would be landlocked by the closure of the above-described right-of-way, providing for all necessary easements for utilities, both public and private, and properly dividing the vacated right-of-way, and in the event these conditions have not been met and the said plat has not been recorded in the Office of the Clerk of Circuit Court within two (2) years from the effective date of this ordinance, this ordinance shall become null and void with no further action by City Council being necessary. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of- way is shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of Nancy W. Cross, and the names of request, as Grantees. any other parties in interest who may so ATTEST: City Clerk. WILBURN C. DIBLING, JR. CITY OF ROANOI E OFFICE OF CITY 484 MUNICIPAL BUILDING ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 703-981-2431 TELECOPIER: 703-981-2940 April 12, 1993 '93 APR-8 All :4.3 WILLIAM X PARSONS STEVEN J. TALEVI KATHLEEN MARIE KRONAU GLADYS L. YATES ASSISTANT CITY ATTORNEYS Honorable Mayor and Members of City Council Roanoke, Virginia Re: Street closure - James and Nancy Cross Dear Mrs. Bowles and Gentlemen: At the Council meeting of March 8, 1993, you referred to me several questions relating to street closures, in general, and the above-captioned matter in particular. I would like to take this opportunity to explain street closures, from a legal standpoint, and Council's role in the process, as well as addressing Council's specific questions as to the application of James and Nancy Cross. STREET CLOSURES IN GENERAL As you know, the City owns and maintains many miles of both improved and unimproved public right-of-way. Some of that right- of-way consists of paved streets with curb and gutter; some of the right-of-way consists of only two-lane paved streets without curb and gutter; and some of the right-of-way is unimproved "paper streets" which, although owned by the City, exist only on the City Engineer's maps. In nearly all cases in which you are asked to close an improved portion of a public right-of-way, the right-of- way is wider than the actual paved area which you see upon inspection of the area. In general, the City becomes the owner of, and thus the entity charged with maintaining, the public right-of-way through the process of public dedication. Pursuant to Section 15.1-478 of the Code of Virginia (1950), as amended ("Virginia Code"), property is dedicated for public use, but owned by the City, in fee simple, whenever a plat of subdivision is approved and signed by the Subdivision Agent as being in accordance with the City's Subdivision Ordinance and recorded in the Roanoke City Circuit Court Clerk's records. From the City's standpoint, the effect of the dedication is to vest title in the City, and thus impose the The Honorable Mayor and Members of City Council April 12, 1993 Page 2 duty of maintenance, and resulting liability, upon the City. From the public's standpoint, the effect of the dedication is to give the public the right to use the right-of-way in a manner consistent with its intended purpose, i.e., the public can drive down Jefferson Street, but it cannot pitch a tent on it. Section 30-14(1), Code of the City of Roanoke (1979), as amended ("City Code"), provides that streets and alleys in the City may be closed, altered or vacated on motion of the City Council, or on application of any person, pursuant to Section 15.1-364 of the Virginia Code. While a distinction between closure, alteration and vacation of a street exists, for purposes of this report, please assume that a closure results in the divestment of the City's ownership of the subject right-of-way and the public's right to use that right-of-way. Section 30-14(3) of the City Code provides that upon the filing of an application for the closure of a public street or alley, improved or unimproved, the City Clerk must refer the matter to the City Planning Commission for consideration. Pursuant to the application, the City Planning Commission must hold a public hearing after notice of the proposed closure of a street or alley has been given. The Planning Commission must then make its recommendation in writing to the City Council on whether the application should be approved. The standard for City Council to apply in deciding whether to close a street or alley is set forth in Section 30-14(5) of the City Code. That subsection provides that the Planning Commission, and presumably the City Council, must consider whether "any, and if any, what inconvenience would result" if the street or alley were closed. In my opinion, Section 30-14(5) of the City Code contemplates a weighing of the advantages and disadvantages arising out of the closure of a street or alley. In other words, even if a closure causes some inconvenience, the City Council may still close a street or alley, if the advantages of such a closure outweigh the inconvenience, or disadvantages, of the closure. Streets and alleys may also be vacated under Sections 15.1-481 and 15.1-482 of the Virginia Code by vacation of the part of a subdivision plat constituting the street or alley. Where no lot in a subdivision has been sold, under Section 15.1-481 of the Virginia Code, the recorded plat, or any part thereof, may be administratively vacated with the consent of the governing body's subdivision agent and the owner of the property in question. That same code section also permits a vacation to occur by adoption of an ordinance, after public notice and hearing, by the governing body of the jurisdiction in which the property in question lies. Section 15.1-482 of the Virginia Code contains similar provisions for the vacation of the part of a subdivision plat constituting a The Honorable Mayor and Members of City Council April 12, 1993 Page 3 street or alley when a lot in a subdivision contained within the subdivision has been sold. By enacting Section 30-14 of the City Code, City Council, with one specific exception, has expressed a preference to have street closures decided by City Council. Past practice within the City Administration has been to refer all such street closures to the Planning Commission for recommendation to City Council. The procedure followed by the City Administration under Section 30-14 of the City Code complies with the notice requirements under either Section 15.1-364 or Section 15.1-482 of the Virginia Code. The exception to the rule that all street closures be referred to the Planning Commission and City Council exists when the applicant seeks vacation of a street dedicated as a part of a previously recorded subdivision plat, but the subdivider has sold no lot within such subdivision. In the latter circumstance, the street is closed administratively with approval of the Subdivision Agent by the vacation of all or a portion of the plat. In general, pursuant to Section 15.1-483 of the Virginia Code, the recordation of an ordinance closing a street or alley operates to vest fee simple title to the centerline of any alley or street in the adjoining property owners where a street or alley was created by a subdivision plat. While Section 15.1-483 of the Virginia Code references the recordation of an ordinance enacted under Section 15.1-482 of the Virginia Code, I am of the opinion that any ordinance which closes a street or alley and is enacted in accordance with the notice requirements of Section 15.1-482 of the Virginia Code triggers the vesting provisions in Section 15.1-483 of the Virginia Code. In summary, where a street has been created by a subdivision plat, closure of the street by ordinance results in the vesting of fee simple title to the centerline in the adjoining property owners. However, where a street has been created by means other than the recordation of a subdivision plat, the street, when closed by ordinance, may become vested in different parties depending upon the date on and method by which the street was created. Kaufman, Title to Vacated Streets in Virqinia Cities and Towns, Virginia Bar News, April, 1983, at 63. PETITION OF JAMES AND NANCY CROSS Barns Avenue extends in an easterly direction from Peters Creek Road, N.W. Barnes Avenue has been the subject of a long history of actions by the State Transportation Commission (or its predecessor, the State Highway Commission) and City Council. See Attachment A. Before being annexed by the City as of January 1, The Honorable Mayor and Members of City Council April 12, 1993 Page 4 1976, Barns Avenue was part of the state highway system and was known as Route 117. On May 19, 1966, the State Highway Commission discontinued Route 117 for a distance of 528 feet (.10 mile) from its intersection with Peters Creek Road and erected barricades to manifest its decision. See Attachments B and C. The effect of the discontinuance was to release the Commonwealth from its duty to maintain the 528 foot portion of Route 117 as a roadway, although the Commonwealth retained title in the property and the public had a right to use the right-of-way in a manner consistent with its discontinued status, i.e., the public could walk on it, but not drive on it. When Route 117 was annexed into the City, it was renamed Barns Avenue. At that time, the public had a right to use the strip of property owned by the Commonwealth. Despite the fact that Barns Avenue was in the City, the Virginia Transportation Commission "abandoned [divestment of State ownership and the public's right to use] as a part of the State Highway System" the same 528 foot (.10 mile) portion of old Route 117 by resolution dated November 16, 1989. See Attachment D. Apparently believing the right of way to be in Roanoke County, the Virginia Transportation Commission gave notice of its action to the Roanoke County Board of Supervisors. See Attachment E. In light of the fact that Route 117 was annexed by the City, I believe that the Commission's action was ineffectual. Mr. and Mrs. Cross have petitioned to close Barns Avenue for a distance of 672 feet from its intersection with Peters Creek Road. Applications to close Barns Avenue were filed by Mr. and Mrs. Cross in 1983 and 1989. The application filed in 1983 to close the first 528 feet of Barns Avenue was withdrawn after it was determined that the Commonwealth of Virginia held fee simple title to the area sought to be closed. The application filed in 1989 included an additional 144' section of Barns Avenue for a total closure of 672 feet. The request was granted by City Council, on the condition that title vest in the abutting property owners to the centerline. Since the Commonwealth owned the area sought to be closed, and not the City, the right-of-way closure did not result in the vesting of this property in the abutting landowners. Accordingly, Mr. and Mrs. Cross filed a third petition for the closure of this 672-foot section of Barns Avenue. In preparing the plat in this matter, the surveyor for Mr. and Mrs. Cross discovered that a portion of a fence owned by the Airport Commission is in the right-of-way of Barns Avenue. See Attachment F. A survey performed at the request of the Airport Commission on June 2, 1987, did not refer to the fence. The Honorable Mayor and Members of City Council April 12, 1993 Page 5 ALTERNATIVE DRAFT ORDINANCES Contained within your packet are three draft ordinances. The first ordinance grants the request of Mr. and Mrs. Cross in its entirety; the entire 672 foot strip is closed, and any interest the City and the public have in Barns Avenue is relinquished upon your enactment of the ordinance. Under this ordinance, the Roanoke Regional Airport Commission's access to a gate at the intersection of Peters Creek Road and Barns Avenue would be eliminated insofar as the present application to close Barns Avenue is concerned. See Attachment G. The second ordinance also closes the entire 672 foot length of Barns Avenue, but the ordinance attempts to reserve an easement across the closed portion of Barns Avenue in favor of the Roanoke Airport Commission. The easement, which would be shown on a subdivision plat and duly recorded in the Office of the Clerk of the Circuit Court, would allow the Airport Commission to continue to use its access gate. See Attachment H. The third ordinance closes all that portion of Barns Avenue requested by Mr. and Mrs. Cross, except a small triangular sliver, consisting of 175 square feet, which would allow for continued access by the Airport Commission to its gate. See Attachment I. A copy of the map prepared by the City administration, describing, in general, the subject area, is attached. See Attachment J. We believe that, if the Council desires to provide for access by the Airport Commission to its gate, this ordinance provides for a clearer and more certain result. Therefore, if it is the intention of City Council to protect the Airport Commission's access, we recommend adoption of the third ordinance. The effect of enactment of either of the three ordinances is to eliminate the public's right to use the portion of the length of Barns Avenue closed by the subject ordinance. As usual, each ordinance reserves easements in favor of public utilities and is conditioned upon the recordation of an approved subdivision plat by Mr. and Mrs. Cross. Of course, City Council may decide not to close any portion of Barns Avenue. With kindest personal regards, I am Sincerely yours, City Attorney The Honorable Mayor and Members of City Council April 12, 1993 Page cc: Mr. and Mrs. James Cross W. Robert Herbert, City Manager John R. Marlles, Chief, Community Development Edward R. Tucker, City Planner Mark Allan Williams, Esquire Mary F. Parker, City Clerk CHRONOLOGY May 19, 1966 State Highway Commission (now State Transportation Commission) discontinues 528 feet section of Route 117 beginning at its intersection with Peters Creek Road and running east. January 1, 1976 1983 City of Roanoke annexes portions of County of Roanoke, including old Route 117 and new Route 117 (Peters Creek Road). Mr. and Mrs. Cross file Application with City Council to close portion of Barns Avenue (old Route 117). Application withdrawn after it was determined that the Commonwealth owned fee simple title to Barns Avenue. October, 1989 Mr. and Mrs. Cross execute a sales agreement with Commonwealth, purchasing initial 528 foot section of Barns Avenue. November 16, 1989 Commonwealth Transportation Board abandons initial 528 foot section of Barns Avenue. November 21, 1989 Mr. and Mrs. Cross file Application ("Second Application") to close 672 foot section of Barns Avenue east from Peters Creek Road. January 9, 1990 City Council considers Second Application and enacts Ordinance No. 29907-11690, conditionally closing 672 foot portion of Barns Avenue. Condition of vesting in adjoining landowner not met because Commonwealth owned, outright, Barns Avenue. January 11, 1991 Mr. and Mrs. Cross execute sales agreement with Commonwealth, purchasing additional 144 foot section of Barns Avenue for a total 672 foot long purchase. November 6, 1992 Mr. and Mrs. Cross file Application ("Third Application") to close 672 foot section of Barns Avenue east of its intersection with Peters Creek Road. Third Application subject of public hearing on March 8, 1993. ATTACHMENT A I~. Co F. Eellml STA. 105 4. 95.9 Sect. 4 o,,o Sect, ) SEC~ ;tOUTE Il I.'ocofion I. ocolion t Locolior 974.50 UNTY MS DUE TO RELOCATION IECT 0117-080-00~-, C-I ~OhdOned. NoM f, COht i n u e d-O. IS mt.~/ie onlsferreCI to Secondory Sys)em.O.6S 411) · * · : 1'o eOANO~ HOVE as SI road Boar merit Vtrgt 0.10 Proji MOTI 11-] . Or., Th~ , SECONDED BY M~..~utcke ._L , T~AT ~oUte 117 in Roanoke County has been altered and 'econstructed plans for Project: 0117-080-00L RW-~OI; and E~, one section of the old road iS no longer neceaia.r~ as a public new road serving the same citizens as the old; and lEAL at tt~ meeting on May tH. 1966, the CommonwealthlT ansportation the discontinuance of said i section of road ~si prOVided in 1-144 Of the Oode of Virginia of lgSO, as amended; l THEREFORE, BE XT RESOLVEO, that the action at the Hiy Ig, lg6G, :horiztng discontinuance of the efoeementioned Section S )f Route ~7 County be rescinded; and )T FURTHER RE$OLVEO, that pursuant t;o Section 33.~-14a the Code of f X9$O, am amended~ 0.~0 mile of old Route XX7 from $1 ion gT+SO to list, dfltgnltld as Section 5 on the plat dated 17, 1965, O~?-O~O-OOL R~-Z01, be abandoned: aS a part of the Cate H1;ghway ATTACHMENT D RAY D. P~'THT~L COMMONWEALTH o~ VIR( INIA DEPAAI'M(N'(' OP ?AANSPO~?&TIOhl 401 1AJT I~OA~ RICHMOND, ~ve~= 27, 1989 ; ~'.02 M~:, LEWI.~ H£gTER ATT~ P=oJ~e~.~ 0117-060-002, 201 ~oano, ke Count2 ~.10. ~x 3800 ~eI VL~gini. 24016 ~ M~l~ 5 O~ ~Cl~ o~ ~ ltl ~st o~ ~ Sincerely, JACK HOOGE Location and dated O, lO MI. E ATTACHMENT IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. WHEREAS, Nancy W. Cross, filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on January 11, 1993, after due and timely notice thereof as required by S30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to from permanently vacating, discontinuing and closing right-of-way. the public said public ATTACHMENT THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That certain 672'. section of Barns Avenue, N.W., extending in an easterly direction from its intersection with Peters Creek Road, N. W. be, and hereby is, permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any public utility, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public rights-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the closure of the above-described right-of-way is conditioned upon applicant's providing to the City an approved subdivision plat, combining all properties that would be landlocked by the closure of the above-described right-of-way, providing for all necessary easements for utilities, both public and private, and properly dividing the vacated right-of-way, and in the event these conditions have not been met and the said plat has not been recorded in the Office of the Clerk of Circuit Court within two (2) years from the effective date of this ordinance, this ordinance shall become null and void with no further action by City Council being necessary. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of- way is shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of Nancy W. Cross, and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. WHEREAS, Nancy W. Cross, filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by ~30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on January 11, 1993, after due and timely notice thereof as required by ~30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and ATTACHMENT H WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That certain 672' section of Barns Avenue, N.W., extending in an easterly direction from its intersection with Peters Creek Road, N.W. be, and hereby is, permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any public utility, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public rights-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the aforementioned vacation, discontinuance and closure is subject to and conditioned upon reservation of a perpetual roadway access easement for the benefit of the Roanoke Regional Airport Commission, its officers, agents, employees, and contractors, including, without limitation, the right of vehicular and pedestrian access, ingress, egress, and maintenance, the area of such easement consisting of approximately 175 square feet and being more particularly described as follows: Beginning at an iron rod found in the fence line of the security fence of the Roanoke Regional Airport, said point being in the southerly right of way line of Peters Creek Road, N.W., Virginia Route 117, at the intersection with the southerly right of way of Barns Avenue, N.W. (Old Virginia Route 117), thence along the said right of way line of Peters Creek Road, N.W. with a curve to the left having a radius of 3884.72 feet, a delta angle of 0030'05", a tangent of 17.00 feet, a chord of 34.00 feet bearing N 65°53'15"E, along the arc a length of 34.00 feet to a point, thence leaving Peters Creek Road, N.W. and with a line through Barns Avenue, N.W. S 24°21'48"E, 10.33 feet to a point in the southerly right of way line of Barns Avenue, N.W.; thence with said right of way line S 82°46'00"W, 35.57 feet to the point of beginning. BE IT FURTHER ORDAINED that the closure of the above-described right-of-way is conditioned upon applicant's providing to the City an approved subdivision plat, combining all properties that would be landlocked by the closure of the above-described right-of-way, providing for all necessary easements for the Airport Commission and utilities, both public properly transferring the vacated right-of-way, these conditions have not been met and the said plat has not been recorded in the Office of the Clerk of Circuit Court within two (2) years from the effective date of shall become null and void with no being necessary. Roanoke Regional and private, and and in the event this ordinance, this ordinance further action by City Council BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of- page of ordinances and of Roanoke, Virginia, the Council deliver way is shown, referring to the book and resolutions of the Council of the City wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of Nancy W. Cross, and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. N S ~E F:~m00101 AIRPORT AC~ GATE. ATTACHMENT J '93 APR-6 P4:46 Roanoke City Planning Commission April 12, 1993 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Application of James and Nancy Cross requesting that a 672 foot section of Barns Avenue, N.W., be permanently vacated, discontinued and closed. Please refer to the attached copy of the Planning Commission report on the above-cited matter, dated January 11, 1993. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission CAP:mpf attachment Room 355 Municipal Building 2t 5 Churah Avenue. SW Roanoke, Virginia 24011 (703) 981-2344 Roanoke City Planning Commission January 11, 1993 The Honorable David A. Bowers, and Members of City Council Roanoke, Virginia Mayor Dear Members of Council: Subject: Application of James and Nancy Cross requesting that a 672 foot section of Barns Avenue, N.W., be permanently vacated, discontinued and closed. I. Backaround: Barns Avenue. N.W.. specifically the portion requested for closure by this application, extends in an easterly direction from an existing barricade at Peters Creek Road, N.W. (Route 117) for a distance of 672' (see attached Map "A"). ~ owns a parcel of land abutting this section of right-of-way identified on the attached Map "A" as tax parcel 6600101. Ce ADDlications have been filed on two previous occasions (1983 and 1989) first requesting the closure of a 528' section and subsequently in 1989, requesting the closure of a 672' section of the right-of-way (see attached Map "A"). ADDlication filed in 1983 was withdrawn after it was determined that the Commonwealth of Virginia held fee simple title to the land within the subject old Route liT/Barns Avenue right-of-way. Ee ~ execute9 .a. sgles ~th the Commonwealth of .Virginia ln~fctober, 198~'for the purchase of the Initial 528' e old Route ll7/Barns Avenue right-of-way. (See attached copy "sales aareement 1989") This sales agreement resulted in the following: P. oo~ 355 Municipal Building 215 (]~urd~ Avenue SW Roanoke. Virginia 24011 (703) 981-2344 Members of Council Page 2 This section of Barns Avenue, N.W., was thereafter conveyed by the Commonwealth of Virginia, to Nancy Cross by deed only. This 528' section is currently identified on the City's official appraisal maps as tax parcel X6600113. The letter "X" preceding the tax number denotes the fact that this land was divided and conveyed by deed only and that no subdivision plat was recorded in conjunction with such conveyance, as required by Section 31-6(a) of the City's subdivision ordinance. Pursuant to Section 31-35 of the City Code, the Building Commissioner will not issue permits for the construction of a building or buildings upon this parcel until a subdivision plat as required by City ordinance, has been submitted and reviewed and approved by the City and thereafter recorded in the office of the Clerk of Circuit Court. Fe Mrs..Cross submitted a second,a~lSI~C~tion to c~l~se a application included an additi right-of- way. This portion of the right-of-way extends beyond that portion (528') previously barricaded by the Commonwealth of Virginia and as subsequently conveyed to Mrs. Cross (see attached Map "A"). ~on January 9, 1990, adopted Ord. No. 29907- 11690 (see attached Ord. 1990) providing for the closure of the subject 672' section of right-of-way, subject to the following conditions: Applicant to dedicate and construct a public turnaround at the proposed terminus of the right- of-way and to provide a subdivision plat and plan, providing for street division, all necessary easements and protection of the waterway (Bushong Creek) passing through the property. Conveyance of title and recordation of a deed in a form acceptable to the City Attorney to the remaining 144' section of old Route ll7/Barns Avenue by the Commonwealth of Virginia, to the City of Roanoke, in the event it is determined that title does not vest in the City of Roanoke. Title to the remaining 144' section of old Route ll7/Barns Avenue shall vest in the adjoining land owners upon closure by operation of law or otherwise. Members of Council Page 3 S e a ee t was subsequently executed by the applicant with the Commonwealth of Virginia on January 11, 1991, for the purchase of this 144' section of additional right-of-way (see attached sales agreement 1991). I. ~ has since determined, through discussion and correspondence with the Virginia Department of Transportation, that fee title to this right-of-way was not conveyed to the City at the time of annexation and that if and when such right-of-way is vacated, title will remain vested in the Commonwealth of Virginia and Nancy Cross, as the fee simple owners. Title will not, upon closure, vest in the abutting property owners, as generally provided for under the laws of the Commonwealth of Virginia (see attached letter - S.B. Buston, March 1, 1990). II.~urrent Situation: ~ filed a third application to close and vacate this 672' section of Barns Avenue, N.W., on November 6, 1992. Plannina Commission reviewed Mrs. Cross's third application to close this section of Barns Avenue, N.W., at its regular meeting of December 2, 1992. ~licant currently holds fee simple title to a 528' section of the 672' length of Barns Avenue, N.W., as currently requested for closure. ~ is proposed for construction upon the land within the right-of-way, if vacated. Closure will result in the conversion of this barricaded right-of-way to productive and taxable real estate. III. Issues: A. Creation of a dead-end street. B. Preservation of existing easements. C. Land use. Iv. Recommend that City Council close and permanently vacate the 672' section of old Route liT/Barns Avenue, N.W., as requested, subject to certain conditions outlined in Part V. of this report. Members of Council Page 4 Creation of a dead-end street. Closure, if effected as requested, will leave a dead-end street at the easterly terminus of the closure. ae Planning Commission concluded that the subject right-of-way had been terminated by a dead-end barricade for many years. Planning Commission was also of the opinion that due to the low volume of traffic and use of this street section, construction of a public turnaround would be unnecessary and unwarranted. Preservation of existina easements. Appalachian Power Company and Chesapeake and Potomac Telephone Co., have key facilities within the subject section of Barns Avenue, N.W. Easements for such facilities should be retained. La~d use. Closure of this 60' wide, 672' long street right-of-way will create a substandard lot with only. 60' .of street frontage in 'a light manufacturing district that requires each lot to have a minimum street frontage of 100'. Vacated street right-of-way should be combined with the applicant's abutting property. Recommend that City Council deny the applicant's request to close the subject 672' section of old Route ll7/Barns Avenue, N.W., right-of-way. 1. Creation of a dead-end stregt would not be an Issue. 2. Preservation of existina easements. Existing easements may not be preserved. Landuse. Land within the right-of-way will remain in an idle and non-productive state. Planning Commission, by a vote of 4-0 (Messrs. Ferguson and Price and Mrs. Coles absent) recommends that City Council approve Alternative "A" thereby approving the applicant's request to close and vacate the subject 672' section of Barns Avenue to the extent of the City's interest therein, subject to the following conditions: Members of Council Page 5 That the applicant submit to the City for approval, and thereafter record with the Clerk of Circuit Court, a subdivision plat providing for the following: 1. Retention of easements for utilities existing within the subject 672' section of right-of-way. Combination of the vacated right-of-way with the applicant's existing property (tax parcel 6600101). That any ordinance providing for the subject closure stipulate that the above conditions must be met within a period of 24 months from the date that such ordinance is adopted, and if such conditions are not met within that time period, then said ordinance shall become null and void with no further action by City Council being necessary. Respectfully submitted, Charles A. Price, Jr., chairman Roanoke City Planning Commission CAP:ERT:mpf attachments cc: Assistant City Attorney Director of Public Works city Engineer Building Commissioner/Zoning Administrator Attorney for the Petitioner IN TH~: cOUNCI'I., OF TI'I~ Cl'TY O~ Application of Nancy W. Cross for the closure of a 672 foot section of Barns Avenue, N.W., pursuan= ~o Sec=ion 15.1-364, Code of Virginia (1950), aa amended and Siction 30-14 of the Code of the City of Roanoke (1979) aa amended. Application for the vacation, discontinuance, and permanent closure of a public street TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: I parcel of land in the City of _i}6anoke identified as official tax appraisal parcel number 66001-0~ with said proper~y being located at 5153 Peters Creek Road,N'Wl, and slso being situated adjacent to, and abutting upon, a certain barricaded former right-of-way that is know~ and designated by the Virginia Department of Transportation (VDOT) as old Route 117, and by the City of Roanoke as Barns Avenue, N.W. VDOTmany years ago, eea par~ of itI IeCOndaryhighway system, was accordingly barricaded at itI intersection wi~h Peters Creek Road, N.W., and at another point, being approximately 528 feet from said intersection wi~h PetirI CrIek Road, N.W. Thii IeCtiOn of former public right-of-way abutting thl applicant~i property and =he proper~y of tho Roanoki Regional Airpor~ CoIIiiiion, II shown by survey map of Roanoke Regional Airpo~ datld 2 June 1987, prepared by T. P. Parker & ion, recorded in M.B. i P~ 623 and deIcribed ss parcel 12, line 23-24, N 78' 57t 18m E. ThiI former public right- of-way hai riiainid in an idle itati of non-productivity for many yeari; and whereaI ~he applicant initially applied to the city of Roanoki in 1983 to havi ~ltii 526 foot .IeOtion of right-of-way cloiid hut iubiequently dropped ~Jle matter ai a rIiult of ti=lo coIplicationI. Whereai, ~J~i applicant again appliidto~e City of Roanoke on NoveIber 21, 1919, to vaoati and peL-ianently oloie a 672 foo~ sit, ion of ~hii iliI former right-of-wiy which included an additional ioc~ion of 144 feet, and did, at ~hat tiII, pay all applicable fIeI alld advor~ieing coiti neceIiar~F to effect public hearingi, aI required by law, before ~hl City Planning Commission and City Council. WheriaI, C~ty Council iubiIquently adoptld ordinance No. 29907-11690, on January 6, 1990, providing for ~ho cloiurI of the requeItid 672 foot iection of ~ho above-cited former right-of-way, hut Iubject to~llrel (3) IpICific conditionI which are cited herein aI followI= Application "Be it further ordained that this ordinance shall be contingent upon the following conditions: The applicant shall provide and/or dedicate and construct an adequate turnaround acceptable to the City Engineer at the terminus of Barns Avenue, N.W., and provide to the City a subdivision plat and plan to provide for street line division, all necessary easements, and protection of the existing tributary (Buehong Creek) that passes through the property. Conveyance of title and recordation of a deed in a form acceptable to the City Attorney, to the remaining 144 foot section of old Route llT/Ba~e Avenue, by the Commonwealth of Virginia, to the City of Roanoke, in the event it is determined that title does not currently vest in the City of Roanoke. Title to the remaining 144 foot section (east of the barricaded area) of old Route liT/Barns Avenue shall vest in the adjoining owners upon closure by operation of law or othlrWile." Whereas, the above-cited ordinance was made subject to the specific conditions set forth in conditions 2 and 3 for the express puL-poem of ensuring that the Roanoke Airpo~c commission (as designated in 1989) would, upon closure, receive title by operation of law, to one-half of ~lle land within ~he additional 144 foot section of vacated right-of-way. Whereas, it has subsequently been determined by due title search and correspondence between VDOTand the City of Roanoke (see attached letter - S.B. Buston, March 1, 1990), ~at the City of Roanoke had not pal~cicipated in~e actual acquisition costs of the subject: section of old Route liT/Berne Avenue, N.W., and further that ~he prevailing law of the Commonwealth of Virginia does not provide for~he conveyance and/or annexation of fee right-of-way to oitiea. The Commonwealth of Virginia, ~herefore, under the provisions of law would, upon closure, retain fee simple title to all or any por~ of ~he aubJec~ right-of-way so vacated by the City of Roanoke and ftlL~cher ~hat ~he general operation of state law governing ~l~e vesting of title to abutting property owners to the land within a va~l~ed right-of-way would not prevail or apply in ~hie in~ance. Whereas, VDOT has previously offered to sell ~he land within ~he It~Jlc~ tight-of-way to the City of Roanoke and said offer has been declined by ~he aa~e (lee attached letters - w. Rober~ Herbel~c, Novelber 21, 1983) and further ~hat the City has interpoaedno obJec~iona to the aale of t~hia former right-of-way by VDOT to 'cAe applicant. Whereas, VDOT bas since abandoned the subject former right- of-way and has proceeded to consummate the sale and conveyance of the entire 672 foot section of old Route ll?/Barns Avenue to the applicant, and has further, and more recently, requested =hat the City of Roanoke act to officially vacate and permanently close said right-of-way (see attached letter - R. N. Brammer, May ?, 1991. Therefore, your applicant, Mrs. Nancy W. Cross, respectfully requests =hat City Council now take necessary action =o vacate, discontinue and permanently close the subject 672 foot section of old Route liT/Barns Avenue (ss more particularly described on the attached map) as initially requested by the applicant on November 21, 1989, and as previously adopted by city Council on January 8, 1990, and your applicant further respectfully requests that City Council waive the redundant expense and costs for any additional fees and legal advsL-~isements in consideration of the unusual circumstances that have prevented the legal enactment of this ordinance, and in fuz~cher consideration of the plain and simple fact, that the subject conditions 2 and 3, as set forth in Ordinance No. 29907-11690, were legal matters that could only be resolved between the governmental entities of the City of Roanoke and the Commonwealth of Virginia, and as such, they were completely beyond your applicantts ability to resolve. Respectfully submitted: Date Mailing address/phone ntmber 3817-2 Stra~foL"d Park Drive Roanoke, VA2401~ 989-5181 or S57-321S LOCATION Location Map i Property of Roanoke Regional Airport Commission [U~l IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of January, 1990. No. 29907-11690. AN ORDINANCE permanently vacating, discontinuing and closing cer- tain public right-of-way in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, Nancy W. Cross bas filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right- of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S30-14, Code of the City of Roanoke (1979), as a~ended, and after having conducted a public hearing on the .~tter, has made its recommendation to Council. WHEREAS, a public hearing was held on said application by the City Council on January 8, 1990, after due and timely notice thereof as required by $30-14, Code of the City of Roanoke (1979), as amended, at which hearinE all parties in interest and citizens were afforded an opportuuity to be heard on said application; and WHEREAS, it appe. rinE from the foreEoing that the land proprietors affected by the requested olosinE of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenienoe will result to any individual or to the public from per- manently vacating, discontinuing and cloeinE said public right-of-way. Ordinance THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situste in the City of Roanoke, Virginis, and more particularly described as follows: A portion of Barns Avenue, N. W., approximately 672 feet in length, extending in a westerly direction from the east property line of the parcel identified as Official Tsx No. 6600101 to the right-ofway of Virginia Route 117, be, and it hereby is, permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right- of-way, reserving however, to the City of Roanoke and any public uti- lity, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and eater mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any otheF sncFo~oh~nts on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such e~swnnt or easements to terminate upon the later abandonment of use or permanent re.oval from the above-described pub- lic right-of-ny of ~ay such ~nicipal installation or other utility or f~ciliZy by ~he ~er ~hereof. veyance of fee simple title to this property to the City and execute such other documentation as ~y be necessary the purposes of this ordinance. BE IT FURTHER ORDAINED that this ordinance shall RE IT FURTHER ORDAINED that the City Manager or his designee is hereby authorized to request the Commonwealth of Virginia to determine ownership of the remaining section, east of barricaded area, of old Route liT/Barns Avenue and if necessary to request and accept con- of Roanoke to effect upon the (1) (2) (3) be contingent following conditions: The applicant shall provide, and/or dedicate and construct an adequate turnaround acceptable to the City Engineer at the terminus of Barns Avenue, N. and provide to the City a subdivision plat and development plan to provide for street line division, all necessary easements and protection of the existing tributary (Bushong Creek) that paesee through the property; Conveyance of title and recordation of a deed in form acceptable to the City Attorney to the remeining 144- foot section (east of the barricaded ares) of Old Route llT/~rne Avenue by the Come~onwealth of Virginia to the City of Roanoke in the event it is determined that title does not currently vest in the City of Roanoke; Title to the re~aining 144-foot section (east of the barricadmd area) of Old Route ll7/Barns Avenue shall vest in the adjoininE owners upon closure by operation of law or otherwise. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of-way is shown, referring to the book and page or ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordi- nance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of Nancy W. Cross, and the names of any other parties in interest who may so request, as Grantees. BE IT FINALLY ORDAINED that in the event all of the conditions set forth in the Planning Commission recommendation made to Council on January 8, 1990, have not been met within two (2) years from the date of adoption, this ordinance shall become null and void with no further action of City Council. ATTEBT: City Clerk. REAL ESTATE SALES AGREEMENT Route 117, City of Roanoke Project 0117-080-002, RW201 TMIS SALES AGREEMENT, made this 10 day of October, 1989 by and between the Commonwealth of virginia, hereinafter referred to as Seller, and~, herinafter referred to as Buyer. For the sum of $~..~, the buyer agrees to purchase from the seller tho herai~'f~ doscri'bed real estate, on the terms and conditions sat forth herein. The buyer, upon signing this agreem~at, will pay the sum of $1,~H0.00 in. Camhiar or Certified Check or postal money order, and th&~l~a as specified below will be dui and pay&bls upon delivery of the dee~. The buyer hereby agree· to pay the ·us of $~,I"~"~.00 in Cashier or Certified Chock or postal money order upon delivery of the deed. The buyer is to p·y all reoording fees that may be necessary at the time of recording the deed. It is underst~ th·t the seller will not bo responsible for the condition of the property. Tho property is sold "al is", and no guarantee or other representation h-m been sade. The seller w£11 not be re·ponsAble for v~ndall·s or theft. The pro~erty A· dsocrA~e~ as that roctangular-sha~e~ parcel of land fronting approzl~tsly 195' on ~he south side of Rou~e ~7 (Pe~rs Creek Rd.) and oont·ining 31,680 squire £sst, acre or les· land. It is further undormtood th·t · deed "uithout ~arranty" .ill be given on this property. {SEAL) {SEAL) Sales Agreement 1989 (528' section) REAL ESTATE SALES AGREEMENT Route 117, City of Roanoke Project 0117-080-002, RW201 (Old Project 5380-02) THIS SALES AGREEMENT, sade this 11th of JanuAry, 1991 by and between the Commonwealth of virginia, hereinafter referred to Seller, and NANCY W. CROSS, hereAn&fter referred to as Buyer. For the sum of $4,200.00, the buyer agrees to purchase from the smiler the hereinafter deist&bed real est&ti, on the terms and conditions set forth herein. The buyer hereby &grass to p&y the sum of $4,200.00, in Cashier or Certified Check or poe&al sissy order upon delivery of the deed. The buyer ie to p&y all recording fees that s&y be necessary at ~he time of recording the deed. condition of the property. The property is sold was is". and no guarantee or other representation h-- been sade. The seller w~ll not be responsible for rand&limn or theft. Tho property is d~ribed aa that rect&n~ular-eh&ped parcel of land fronting &pproxim&tely 68' on the de&d end of Route 1858 (BARNES AVENUE) ~nd ~ont&lning 0.24 acre more or less l~nd. It im further underatood that a deed "without warr&nty" will be qiven on this property. Sales Agreement 1991 (144' section) December 26, 1990 Mr. F. C. Altizer, Resident Engineer Department of Transportation 714 South Broad Street Salem, VA 24153 Dear Mr. Al=izer: subject: Request of Nancy Cross to Purchase a Portion of Barnes Avenue, N.W., right-of-way (Old Route 117 road bed) In response to your letter of November 2, 1990, the following observations and reco~men4ations are offered for your consideration concerning the above request of Mrs. Nancy Cross: The city of Roanoke has no obJe~tion to the proposed s&le of the subject right-of-way provided that the subJeot right-of-way is properly an~ officially closed and permanently vacated My the City prior ~o the actual sale. ® The division and conversion My sale of this street right-of-way to the status of private property by thc mere recording of a deed w~ul~ create an illegal su~m~ivision. It will therefore Me necessary for Mrs. Cross tO o~ly with state law an~ 1~&1 ordinances g~ Cbc s~ivision of l~wi~n the City. The City's review and approval of this proposed s~vision will re~Aire ~hat necessary easements &11 u~ilities currently existing wi~xin the righ~-o~-we¥ Me retained a~ shoq, m on the recorded subdivision plat. Any alteration or relocation ot any u~ility lying within ~he vacated right-of-wa~ will n~ to Me resolved My mutual &greemenc between Mrs. Cross an~ the res~e~tive utility companies. The purchaser should Me advised ~aC any future cons==u~tion upon the property, such as grading,. filling, alteration ~ piping of B~ng Creek, and r~Qm 3~4 ~lNi Ouldin9 215 (::~u~ M~ue $ w ~)~ke. ~naw~ 21011 required approval of all affected state, federal and local government agencies. Mr. James Cross has previously filed an application with the City to close this portion of right-of-way. City Council adopted an ordinance providing for the closure, but subject to certain specific conditions, including the condition that the Comonwealth of Virginia convey title to the subject right-of-way to the City of Roanoke, prior to effective closure. This could not, as you are aware, be accomplished. Thus the ordinance of closure was not effected. The ordinance, however, as a condition required tha~ Mr. Cross construct and provide a turnaround at the proposed new terminus of the street, we would recommend that the Department of Transportation require the same, as a condition to the sale. The land that abu=s the northeast side of the subject right-of-way belongs to the Roanoke Regional Airport commission. The property is secured by a chain-link fence that extends along this tone,on boundary. This fence line is considered vital to the overall security of the airport complex. The Airport Con~nission, aware of Mr. Cross's future plans to place a considerable amount (20'-22') of fill dirt within this right-of-way area, is concerned about the poalible close proximity of such an elevated fill slope to this existing security fence line. The Roalloke Regional Airport Co,-.~ssion has therefore requested that the purchaser be required to restrict the location of the toe of any future fill slope to a distance of 10 feet from the existing Barnes Avenue right-of-way/Roanoke Regional Airport Co~ission proper~y line. The subject ~ortion of right-of-way (as highlighted on your attached map) is currently paved and has in fact been used by the public for a nu~r of years. I would appreciate some explal~ion a~ ~z~fo~tion regarding the Commonwealth's usual procedure an~ requirements for the sale and conveyance, by deed only, of st&~e-m~md rights-of-way that ars Jointly and concuxrently being used by the public as public street righ~l-of-w&y wi~tn ~he corporate limits of the City. W. Robert Herbert City Manager cc: John R. Marllee, Chief, Community Planning Edward R. Tucker, Subdivision Agent J. H. Nee1, Jr., Transportation Engineer Trainee, DOT RAY C). FETHTEL COMMONWEALTH o[ VIRqlNIA DEPARTMENT OF TRANSPORTATION ?t4 SOUTH 8ROAD STREET S~&.~ M. 24153 March 1, 1990 F C ALT1ZER. JR PO Box 3071 Salem, Virginia 2C153 re - Old Route 117 (0117-080-202) Roanoke County Mr. Edward R. Tucker Agent to the Planning Commission for Land Subdivision 21S Church Avenue SW Room 355 Roanoke, Virginia 24011 Dear Mr. Tucker: I am writing in reference to your letter of 3anuary 30, lg90, concerning the fee simple title to Old Route llT, and the City's request for the Commonwealth of Virginia to give a such title of right-of-way to the City of Roanoke. The Comm°nwaalth claims a SO-Foot unrestricted fee right-of-way on Route 117. Plans currently on file for Route 117 indicate that properties along this road were laid out and develol~l recognizing that Route 117 was 60-Foot wide. The OepartJnent recognizes that there are no provisions within the law to convey and annex fee right-of-wax to c~-t)~-~. Therefore, if the City of Roanoke wishes ~'btilize a part'of an ol'd Fig'l~c-Of-way, not in the current road system, they would have to pay for it. As we have discussed about a simple, general, guide or a rule-of-thumb, in looking at these situations, I offer this:the Oelaartment will consider deeding street right-of-way fa) a city when that city has participated in the actual project acquisition cost. This would occur after the project has been completed and u~on the..Oe~rtment receiving a resolution from the City requesting such action. If I may be of further assistance, please call. Yours truly, S. B. Buston Assistant Resident Engineer SBB:es for F. C. Altizer, 3r. Resident Engineer ~ATION ~Ol~ TH! 21ST C~NTURY ( ImlIIlIRN I MAR 5199t November Mr. M. J. Angle R.tth= of Way Manaser B Virginia ~epar=men= of Highways and T~ans~r~atiofl P. O. Box 7~ Sale~, Vir~ni~ 2~15~ RequeSt co Purchase Real Es~a~e Route 117 Pt~ec~ 0117-080-002, RW-1 CIty of Roanoke Deer Mr. An$1e: Thank you for your letter of November 10, 1983 concernin$ the request of Mr. J. L. Cross, Jr. co acquire a porCiou of ~he Eo~ roadbed Old Rou~e 117 (Ba~ Roed, N.W.). We ha~ in~clitctd the p~oposal and fifld cbc the pirctl is sho~ ~ our ApDr~s~ ~P No. 660. ~e pdrcel is zoned L.H., Ll~c ~nuf8cCu~n~ We ~t~mBd cbc pro~fiou be u~, v~n ch~ secc~n is sold and closed, [or I cum-I~o~ ou cbt ond of B~s ~, N.E. (Old 117). We ~d ~fo point ouc C~C G~ T~e~e ~ll need in ease- ~c [o~ co~%CaC~ ~in~ thdt e~c ac ch~ ~tion. We Ee~ t~t it la ~dlsi~le Co hold a~ ~e~le p~perty in public o~rship and ~C puc ic co ~m ~o. Ve ~d, c~fo~, ~co~nd chic the ~r~l ~ fol~ We app~ace ~e op~c~lcy co ~nc on cb~ a~e. I[ we can pro- S~ce~Y,