HomeMy WebLinkAboutCouncil Actions 05-03-93BOWLES
31429
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
May 3, 1993
2:00 p.m.
AGENDA FOR THE COUNCIL
Call to Order Roll Call. ~.n P~at.
The Invocation was delivered by The Reverend Noel C. Taylor, Pastor,
High Street Bap'dst Church.
The Pledge of Allegiance to the Flag of the Unimt S__t~es__ of America
was led by Mayor David A. Bowers.
Presentation by Mayor Bowers prociniming Monday, May 3, 1993, as
HIGH STRF-ET SAINTS DAY.
Proclamation smd remarks in conneclion with National P~servation
Wc, c~. and Virginia lterilage Tourism Week to be observed on May 3 -15,
1993. The Honorable David A. Bowe~s, Mayor', Mr. Robe~ France,
President-elect, Roanoke Valley Preservation Foundation; and Dr. John
Kern, Director, Roanoke Regional Presexvalion
2. CONSENT AGENDA
(APPROVED 7-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE
CONS1DER~.D TO BE ROUTINE BY THE MAYOR AND MEMBERS OF
CITY COUNCIL AND WII~I. BE ENACTF. D BY ONE MOTION IN THE
FORM, OR FORMS, LISTED BFLOW. THF. RE WILL BE NO
SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS
DESIRF. D, THE ITEM WILl. BE REMOVF. F) FROM THE CONSENT
AGENDA AND CONSIDERF. D SEPARATELY.
C-1
Minutes of the regular meetings of Council held on Monday,
February 1, 1993; Monday, February 8, 1993; Tuesday, February 16, 1993;
and Monday, February 22, 1993.
RECOMMENDED ACTION: Dispense with the reading thereof and
approve as recorded.
C-2
A communication from Vice-Mayor Beverly T. Fitzpatrick, Jr.,
Chairperson, Roanoke City Council Personnel Committee, requesting an
Executive Session to discuss a personnel matter, being the compensation of
a specific public officer, pursuant to Section 2.1-344 (A)(1), Code of Virginia
(1950), as amended.
RECOMMENDED ACTION:
Concur in request for Council to convene in
Executive Session to discuss a personnel
matter, being the compensation of a specific
public officer, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as
amended.
2
C-3
A communication from Mayor David A. Bowers with regard to
development of a rail side linear park along the main line of the Norfolk
Southern tracks.
RECOMMENDED ACTION:
Refer to the City Manager for review,
recommendation and report to Council by
August 1, 1993.
C-4
A communication from Charles A. Price, Jr., Chairperson, City
Planning Commission, requesting that Council schedule a public hearing to
be held on Monday, May 17, 1993, at 2:00 p.m., to consider a proposed
amendment to the Zoning Ordinance which would allow medical offices in
an existing structure as a special exception use in the RM-1, Residential
Multi-family, Low Density District.
RECOMMENDED ACTION: Concur in request and schedule a public
hearing for May 17, 1993.
C-5
A report of the City Manager with regard to implementation of a
permit form to be used in authorizing placement of private dumpsters on City
streets.
RECOMMENDED ACTION: Receive and file.
C-6
A list of items pending from August 12, 1991 to April 26, 1993.
RECOMMENDED ACTION: Receive and file.
RgG AGENDA
3. HF. ARING OF CITIZENS UPON PUBLIC MATrERS:
Request to address Council with regard to Total Action Against
Poverty's programs and progress. Ellen Brown, Director of Human
Resources, Total Action Against Poverty in the Roanoke Valley, Inc.
No action was token.
3
4. PETITIONS AND COMMUNICATIONS: None.
5. REPORTS OF OFFICERS:
ao
CITY MANAGER:
BRIEFINGS:
A report with regard to the proposed fiscal year 1993-94
Community Development Block Grant Program and budget.
No action was taken.
ITEMS RECOMMENDED FOR ACTIQNi
A report recommending that portions of Ordinance No. 18293,
which prohibit the use and operation of westbound trucks
passing through Roanoke on Brandon Avenue, S. W., be
rescinded.
Adopl~d Ordinance No. 31429-050393. (7-0)
A report recommending appropriation of funds for the Fifth
District Employment and Training Consortium, in the amount
of $5,000.00, received fi.om the Governor's Employment and
Training Department for an "EPA: Youth and the Environment
Project."
Adq~d Bmlg~ Ordinan~ No. 31430-050393. (7--0)
A report recommending that $5,808.00 in excess revenue be
appropriated fi.om the Capital Maintenance and Equipment
Replacement Program to the Law Library's fiscal year 1992-93
operating budget, as provided by Section 18-30(c) of the Code
of the City of Roanoke (1979), as amended.
Adol~d Budget Ordinance No. 31431-050393. (7--0)
4
So
A report recommending acceptance of the bid submitted by
Berglund Chevrolet, Inc., in the amount of $30,317.34, to
furnish two new utility vehicles which are necessary for
emergency services activities.
Adopted Resolution No. 31432-050393. (7-0)
A report recommending execution of an agreement with Blue
Hills Golf Corporation for purchase and exchange of certain
property within and adjacent to the Roanoke Centre for Industry
and Technology; and execution of an agreement with Transkrit
Corporation for purchase and sale of approximately 17.359 acres
of land within the Roanoke Centre for Industry and Technology.
Adol~ed Ordinance Nos. 31433 and 31434 on first r~ading.
(7-0)
6. RF-PORTS OF COMMITFF FS:
A report of the committee appointed to tabulate bids received for
asphalt concrete overlays and pavement profiling of various streets
within the City, recommending award of a contract to Adams
Construction Company, in the amount of $985,000.00; and execution
of Change Order No. 2 to an existing contract with Contracting
Enterprises, Inc. Council Member William White, Sr., Chairperson.
Adopt! Budget Ordinance No. 31435-050393. (7-0), Ordinance No.
31436-050393. (7-0), and Ordinance No. 31437-050393. (6-0,
Council Member Harvey was out of the Council Chamber.)
A report of the Water Resources Committee recommending that a
driveway access easement across the City's Tinker Creek Tunnel Inlet
property be granted to Thomas E. Woody. Council Member
Elizabeth T. Bowles, Chairperson.
Adop~i Ordinance No. 31438 on first r~ai~g. (6-0, Council
Member Harvey was out of the Council Chamber.)
5
A report of the Water Resources Committee recommending donation
of the City's interest in a strip of land located along the northeast side
of Rutrough Road to the Virginia Department of Transportation and to
authorize encroachment on the same property for construction access
and grading for temporary improvements. Council Member
Elizabeth T. Bowles, Chairperson.
Adopted Ordinance No. 31439 on first reading. (7-0)
A report of the Water Resources Committee with regard to current
sewage capacities allocated to those jurisdictions that are parties to the
1972 Sewage Treatment Contracts for use of the Roanoke Regional
Sewage Treatment Plant. Council Member Elizabeth T. Bowles,
Chairperson.
Received and file~l.
A report of the Water Resources Committee recommending execution
of an agreement with Appalachian Power Company to allow the
electrical service system at the Carvins Cove Water Treatment Plant to
be moved to a new location and new electric service to be provided to
Carvins Cove Dam. Council Member Elizabeth T. Bowles,
Chairperson.
Adopted Ordinance No. 31440 on first rmdlng. (7-0)
A report of the Water Resources Committee with regard to a change
in the City's current practices and procedures to provide that all future
requests to vacate public easements will be routed through the Office
of Community Planning (Subdivision Agent). Council Member
Elizabeth T. Bowles, Chairperson.
7. UNFINISHED BUSINESS: None.
8. INTRODUCTION AND CONSIDERATION
ORDINANCES AND RESOLUTIONS:
OF
Re
Ordinance No. 31428, on second reading, amending and reordaining
subsection (b) of Section 20-89, Penalties for unlawful parkino, of the
Code of the City of Roanoke (1979), as amended, by increasing the
penalty for fire lane parking violations; and providing for an effective
date.
Adopted Ordinance No. 31428-050393. (7-0)
9. MOTIONS AND MISCELLANEOUS BUSINESS:
Inquiries and/or comments by the Mayor and Members of City
Council.
Vacancies on various authorities, boards, commissions and committees
appointed by Council.
10. OTHF-R HEARINGS OF CITIT:F. NS:
Ms. Barbara N. Duerk, member of the Virginia Dep~t of Transportntlon
Bicycle Advisory Commitl~e, appeared before Council with regard to bicycle
needs and suggestions for the City of Roanoke. (See slalmnent on file in the
City Clerk's Office.)
Ms. Gloria Dorma, 3513 Dona Drive, N. W., requesl~ that Council consider
alternatives in lieu of mounl~! police officers for the downtown ~ and
that progrnma be implemented to keep youth off the streets.
CERTIFICATION OF EXECUTIVE SESSION. (7-0)
7
Office of the Mayor
CITY OF ROANOKE
rotlamalion
Given under our hande and the Seal of the City of Roanoke this third day of May
in the year of our Lord, nineteen hundred and ninety-three.
WHERF.~, twelve young men ranging in age from thirteen to fourteen make up
the High Street Saints basketball team; and
these twelve young men are HIGH on energy, enthusiasm and
esteem; they are off the STREET and in the gym sharpening their
basketball skilis, while at the same time practicing control and
discipline; they have been SAINTS, always radiant, responsible and
respectable; and
these young men started the season looking forward to playing
basketball, never setting a goal of becoming champions; and
unde~ the leadership of the Pastor of High Street Baptist Church,
Dr. tVotl C, Taylor, and under the focus of their competent and
caring coaches, Marcellus Hampton and Jeffrey Barnett, the High
Street Saints won the City championship, defeating lntercity by a
score of 47 to 44; they won the District Championship, defeating
Pulaski by a score of 64 to 61; and they won the State
Champ~, defeating Alexandria by a score of 66 to 63; and
WtlF. REA$, throttgh their accomplishments, these young men have brought
honor and distinction to the "Star City".
HOW, ~R~,I, David A. Bowers, Mayor of the City of Roanoke, Virginia,
in recognition of the outstanding achievements of these twelve
young men, their Pastor and their coaches, do hereby proclaim
Monday, May 3, 1993, as
HIGH STREET ~JNT~ DAY.
ATTEST:
City Cleft
Mayor
Of/ice of the Mayor
CITY OF ROANOKE
Given under our hande and the Seal of the City of Roanoke this thirtieth day of
April in the year of our Lord, nineteen hundred and ninety-three.
Historic Preservation helps provide a deeper understanding of the
diversity of our uniquely American heritage; and
Historic Preservation enhances the livability of communities across
America, from large metropolitan cities to small, rural farming
towns; and
Preservation Week 1993 and the first annual Virginia Heritage
Tourism Weeka provide an opportunity for citizens of all ages and
wali~ of l~t to make the connection between historic preservation
and the aesthetic, environmental and economic well-being of their
communities; and
"Preservation and Livable Cornnmnities: Make the Connectiottl" is
the theme for Preservation Week 1993, co-sponsored by the
Roanoke Valley Preservation Foundation, Roanoke Regional
Preservation Office, the National Truat for Historic Preservation,
and other local preservation organizations in the Roanoke Valley.
NOW, Tlll~tl~tOR~, I David A. Bowers, Mayor of the City of Roanoke, Virginia,
do hereby proclaim May $ -15, 1993, as
City Clerk
Mayor
MINUTES CONSIDERED AT THIS COUNCIL MEETING
MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER,
OR AT THE CITY CLERK'S OFFICE
David A. Bowers
Mayor
Beverly T. Fitzpatrick, Jr.
Vice-Mayor
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (703) 981-2541
May 3, 1993
Council Members:
Elizabeth T. Bowles
James G. Harvey, II
Delvis O. "Mac" McCadden
Howard E. Musser
William White, Sr.
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
As Chairman of City Council's Personnel Committee, I am requesting an Executive
Session to discuss a personnel matter being the compensation of a specific public
officer, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended.
BTFjr:se
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) 98 I-2~41
SANDRA H. EAION
Deputy City Clerk
May 10, 1993
File #67=336=277-247-511-42-229=223-102
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of a communication from Mayor David A. Bowers with regard to
development of a rail side linea~ park along the main line of the Norfolk Southern
tracks, which communication was before the Council of the City of Roanoke at a
regular meeting held on Monday, May a, 1993.
On motion, duly seconded and unanimously adopted, the matter was referred to you
for study, report and recommendation to Council by August 1, 1993.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
F. nc.
pc:
Mr. Wi!ltam F. Clark, Director, Public Works
Mr. Charles M. Huffine, City Engineer
Mr. Bam~y L. Key, Manager, Office of Management and Budget
~ "0~_~
David A. Bowers
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 Church Avenue, S.W., Room 452
Roanoke, Virginia 24011-1594
Telephone: (703) 981-2444
April 29, 1993
'93 / PR29 P4:00
The Honorable Vice-Mayor and
Members of Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
A successful Downtown Tourism Summit was held on Wednesday, April 28, 1993,
involving representatives from 20 area businesses and government and community
agencies regarding the need to coordinate and promote tourism in downtown
Roanoke. The overriding theme of the summit, and the challenge which faces our
City, is to link the Hotel Roanoke, the City Market, Henz~r Street, and the
Transportation Museum as one cohesive tourism destination for visitors to the
downtown area.
As you know, a rail side linear park along the main line of the Norfolk Southern
tracks has been proposed. Most of the area on which this park would be constructed
would lie on City right-of-way and could probably be built in stages so that the
initial plan is an expanded walkway from the proposed Hotel/City Market skywaik
westbound towards the Transportation Museum. The addition of brick sidewalks,
plants, trees, benches, etc., would improve the street scape and be~in to tie in the
Transportation Museum to the Hotel/City Market area.
I would like to ask that this matter be referred to the City Manager now for his
review, recommendation, and report back to Council within 90 days. It is impractical
for the administration to come back with a quick report, as I know they are in the
process of wrapping up all the budget details; however, following approval of the
budget, it would be appropriate for the Manager to ask the Public Works Directorate
and the City Eng~meering Office and Budget Office to be~in planning for this raft
side park, if Council so desires.
As part of this process, it will be important for the City Manager to ascertain
whether any funds might be available from the skywalk project to develop the south
side of Norfolk Avenue into a raft side park in the one block between Market Street
and Jefferson Street. I would also ask, specifically, if the Manager can ascertain as
to whether there are funds available in the Hotel Roanoke project for improvements
to the railroad siding on the north side of that block facing the Hotel Roanoke. It
is important that we have an aesthetic parklike view of the Hotel from the City
Market, and vice versa. Then, the Manager should be requested to ascertain
funding sources and design challenges for the rail side park from Jefferson Street
westbound to First Street, tieing in with the First Street bridge and a connection to
Henry Street.
The Honorable Vice-Mayor and
Members of Roanoke City Council
Page 2
April 29, 1993
Finally, I am told that the last block of the proposed rail side park, involving the
warehouse row area~ is owned by the railroad. I am pleased to tell you that a
representative of President David Goode of the Norfolk Southern was present at the
Downtown Tourism Summit~ and expressed the railroadts commitment to an active
participation in Roanokets downtown tourism initiative.
If our administration oan give some thought to the design and funding of this
project, on a block to block basis, then you can see that we will be able to move this
project along in conjunction with the development of the Hotel and the Gainsbore
Second Street bridge, leading up directly to the Transportation Museum.
The Hotel Roanoke Conference Center, improvements to the Transportation Museum ~
the addition of mounted police in our City Market area, the introduction of Amtrak
back to Roanoke, and this rail side linear park are all part of what should be
Roanoke*s efforts to target tourism development in downtown Roanoke. It is
important for the Council and the City to focus on the entire project, having now
entered into the financial agreement and constxmction phase of the centerpiece of our
tourism initiative, which is the Hotel Roanoke and Conference Center. Instead of
*~resting on our laurels, *~ it is time for us to "lengthen our stride" and to enhance the
Hotel and Market area by this project which will connect the Transportation Museum
and Henry Street to those areas in a meaningful, realistic way.
I thank you all for your consideration of this request, and ask that this letter be
placed on the Consent Agenda for our regular meeting on May 3~ 1993, and
thereafter referred to the City Administration for review, recommendations and
report back to Council by August 1, 1993.
Best personal regards to each of you.
Sincerely,
Mayor
DAB: jas
CITY
'93 APR28 P3:34
May 3, 1993
The Honorable David A. Bowers,
and Members of City Council
Roanoke, Virginia
Mayor
Dear Mayor and Members of City Council:
Subject: Request for Public Hearing on proposed amendment of
Section 36.1-108, Code of the City of Roanoke.
ae
Purpose of proposed ordinance amendment is to provide for
medical offices in an existing structure, as a special
exception use in the RM-1, Residential Multifamily, Low
Density District.
BJ
Ordinance amendment DroDosa] is the result of a rezoning
request filed by Dr. and Mrs. Merritt which was opposed
by the Greater Raleigh Court Civic League and was
referred back to the Roanoke City Planning Commission for
reconsideration.
II. Current Situation:
Planninq Commission has approved the proposed amendment
at their April 7, 1993, meeting.
Petitione~r is under some time constraints and desires to
have this matter heard at the earliest possible time by
City Council.
III. Recommendation:
Recommend that City Council schedule a public hearing on May
17, 1993, at 2:00 p.m.
/f
cc:
Assistant City Attorney
Director of Public Works
Petitioner's Attorney
Respectfully submitted,
Charles A. Price, Jr., Chairman
Roanoke City Planning Commission
Roanoke, Virginia
May 3, 1993
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Council Members:
Subject: Placement of Dumpsters on City Streets
At Council's meeting on Monday, February 1, 1993, Vice-Mayor Fitzpatrick
requested the City administration to study the placement of private dumpsters on
City streets. Of specific emphasis was the safety considerations for the motoring
public.
The City administration has developed the attached permit to be used when
authorizing the placement of dumpsters on City streets. Such placements are
allowed occasionally in connection with building renovation projects where
significant quantities of demolition debris result from the removal of interior
partitions and similar construction wastes. No permanent or long-term placement
of dumpsters on City streets is anticipated by such permits. Council will note
that we have included a requirement for high density Scotchlite material to be
placed on the end of such dumpsters for safety purposes. Certain additional
information, such as the estimated time that the dumpster will be situated on the
public street and for what purpose, is included in the application form along with
a requirement that the owner of the dumpster provide the City with evidence of
public liability insurance.
This administrative procedure is being put into effect immediately and does
not require Council action for implementation. If there are any further questions
or comments concerning this matter, I invite you to contact the City's Director of
Public Works, Bill Clark at 981-2741.
WRH: WFC: pr
Attachment
CC:
Respectfully submitted,
W. Robert Herbert
City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. James D. Grisso, Acting Director of Finance
Mr. William F. Clark, Director of Public Works
DUMPSTER
CiTY
'93 MAY-3 A9:43
PLACEMENT PERMIT
FOR OFFICE USE ONLY
Date Received
Approved/Disapproved Date
Traffic Engineer
City Manager
APPLICANT (Dumpster Company)
Name
Address
City/State
Telephone
Zip Code
II.
Individual to call in case of emergency (24 hours)
Name Telephone
BUSINESS OR INDIVIDUAL REPRESENTED BY APPLICANT
Name
Address
City/State
Telephone
.Zip Code
III. EXACT LOCATION DUMPSTER TO BE PLACED ON CITY RIGHT-OF-WAY
IV.
VI.
VII.
VIII.
A. Address
B. Location
(i.e., east side of Jefferson St. 150' south of Campbell Ave.)
DUMPSTERS WILL BE PLACED ON CITY RIGHT-OF-WAY FOR A PERIOD NOT TO
EXCEED THIRTY (30) DAYS. A SEPARATE PERMIT MUST BE SUBMITTED FOR
EACH THIRTY (30) DAYS.
DATES DUMPSTER WILL BE PLAC~D
Dates - From To
TYPE OF DUMPSTER
Size: Length. Width Height
ONLY CONSTRUCTION DEBRIS WILL BE PLACED IN DUMPSTER AS RELATED TO
DEMOLITION OR RENOVATION OF A STRUCTURE.
TYPES OF MATERIAL TO BE PLACED IN DUMPSTER
A.
B.
C.
D.
IX.
Prior to the issuance of this permit, the Applicant, or Permittee,
shall obtain a certificate of insurance for public liability in
the form prescribed by the City's Risk Management Officer and in
amounts of not less than $1 million per occurrence. Said
certificate of insurance shall name the City, its officers, agent~
and employees as an additional insured and shall be filed with and
approved by the City's Risk Management Officer more than ten (10)
calendar days before the first day the dumpster is placed on City
right-of-way. A copy of the certificate of insurance will be
submitted with this permit application. Should applicable
insurance coverage be cancelled or otherwise lapse, the privilege
of maintaining a dumpster in City right-of-way shall be
simultaneously terminated and such dumpster shall immediately be
removed from City right-of-way.
The Applicant, or the Permittee, shall indemnify, keep and hold
harmless the City, its officers, agents and employees, from
liability from any and all claims, legal actions, judgements, or
liabilities, and for any expenses incurred including attorney
fees, arising out of the placement of dumpsters on City
right-of-way.
C. Certificate of Insurance:
1. Company Issuing Permit
2. Policy Number
3. Date Policy Issued
The Applicant, and the Permittee, hereby agree to place th~
above-described items subject to the requirements of Code of the City
of Roanoke (1979), as amended.
XI.
Application shall be completed and submitted at least 15 calendar days
prior to dumpster placement on City right-of-way.
Signature:
Date:
REVIEW (Special Conditions of Approval)
Designated Agent
copy:
Approved:
Date:
Applicant
Communications
Fire Chief
Manager of Grounds Maintenance
Traffic Bureau, Police Department
City Manager
MA~K, IN~,g FO~ DUMP,gTF...~,g TO
P/,-AG'E.D ON CITY ~IGHT OF' WAY
7'-I1'
--YCCCOW
HIgH INTE,N.~ITY .c;COTC, H/_ITE ~HA/_/_ I~E,
U.~D F'OR -~I/-VE,R AND YE,/-/-OW,
TH~ A/-TE,RNATIN~ i~/_AC, K, AND I~E,F'/_I~C,-
TOI~IZED YE,/-/-OW .~T~lplJ'_~ .~HA/_/_
I~E, ~/-OPE,D DOWN AT AN AN~/_'E, OP'
45' TOWAI~D THE, ~IDE, OF' THE,
OI~.6TI~.UC,TION WHIC,H T~AF'F'IC, I$
TO PA,6.6,
P/.-AC, E..D ON C.,ITY ~I~HT OF" WAY
I-tJ~ii INTF.,N~ITY ~C, OTC, II/_ITE, .'~IIA/..L I~F..,
U~F..,,P P'O~ ~I/,.VE,~ AND YE, LLOW.
THE.. ALTF-I~NATING I~LAGK. AND
TOP, IZE. D YF-LLOW ~T~IPE.~ -~HALL
I~F... ~LOPE..D DOWN AT AN AN~LE.OF
45" TOWAI~D TIlE .~ID"E. OF TIlE
OE,~TI:;J, UC, TION WIlJGIl T~AFFIC,
TO
Pending Items from August 12, 1991 through April 26, 1993
Referral Date
Referred To
Item
8/12/91
City Manager
Director of Finance
Mayor's 1991 State of the City
Recommendation No. 4 that the
necessary steps be taken to reduce
the real estate tax rate from
$1.25 per $100.00 of assessed
value to $1.20 per $100.00 of
assessed value during the next
five years.
2/10/92
City Attorney
Request to study the matter of
regulating the sale of "look-
alike" weapons.
6/22/92
City Manager
City Attorney
Commissioner of
Revenue
Matter of increasing the total
combined income of any elderly
or disabled property owner
claiming real property tax
exempt status from $22,000.00
to $26,000.00, and increasing
the first $4,000.00 of income of
each relative, other than the
spouse of the owner, who is
living in the dwelling, to
$4,750.00.
9/9/92
Director of Finance
Request to provide information
with regard to the cost of
reducing the number of years to
become vested in the City's
pension plan from ten to five.
Pending Items from August 12, 1991 through April 26, 1993
Referral Date
Referred To
Item
10/12/92
City Planning
Commission
Remarks with regard to
the issue of demolition of
buildings as related to economic
development, as well as the
City's beautification efforts and
its impact on downtown
Roanoke and adjoining
neighborhoods.
10/12/92
City Manager
1993-94 Budget
Study
Request to report to Council
during fiscal year 1993-94 budget
study with regard to the City's
taxing authority relative to
surface parking lots.
12/14/92
1993-94 Budget Study Matter of a mounted police
patrol in the City.
1/4/93
City Manager
City Attorney
Remarks of Mr. Walker Nelms
with regard to a proposed
animal control ordinance. (See
report of City Attorney under
date of January 11, 1993.)
2
Pending Items from August 12, 1991 through April 26, 1993
Referral Date
Referred To
Item
2/8/93
City Planning
Commission
City Attorney
Request of District Investigation,
Inc., that conditions approved
pursuant to Ordinance No.
28168 rezoning a tract of land
on Sanford Avenue, S. W., be
amended, and that a tract of
land designated as Official Tax
No. 1271013, be rezoned from
RM-1, Residential Multi-
Family, Low Density District, to
C-2, General Commercial
District.
2/8/93
city Harming
Commission
City Manager
Request of Guy B. Merritt,
D.D.S., that property located at
2001 Memorial Avenue, S. W.,
be rezoned from RM-1,
Residential Multi-Family, Low
Density District, to CN,
Neighborhood Commercial
District, subject to certain
conditions proffered by the
petitioner.
2/8/93
City Manager
Request to provide a report with
regard to the City rendering
assistance to Roanoke City
residents who have lost their
jobs, or are about to lose their
jobs.
Pending Items from August 12, 1991 through April 26, 1993
Referral Date
3/8/93
3/8/93
3/22/93
3/22/93
Referred To
City Planning
Commission
Legislative Affairs
Committee
City Manager
City Manager
City Clerk
Item
Request of H & C Partnership
and RV Properties that a tract of
land lying on the south side of
Salem Turnpike, N. W., and
designated as Official Tax Nos.
2640351 and 2640316, and a
portion of Official Tax No.
2640311, be rezoned from LM,
Light Manufacturing District, to
C-2, General Commercial
District, subject to certain
conditions.
Concerns expressed by Council
with regard to more stringent
State law regard'mg bingo
regulations.
Request of Virginia Amateur
Sports, Inc., for waiver of
concession rights to allow
Domino's Pizza to sell food and
beverages during sports
activities of the Commonwealth
Games of Virginia to be held at
the River's Edge Sports
Complex and Victory Stadium.
Matter of certain enhancements
to the Council Chamber.
4
Pending Items from August 12, 1991 through April 26, 1993
Referral Date
Referred To
Item
3/22/93
City Manager
Complaint of Helen E. Davis
that Patton Avenue, N. W., was
closed to traffic on Saturday,
March 20, 1993, without
explanation to residents of the
area.
4/5/93
4/5/93
4/5/93
1993-94 Budget
Study
1993-94 Budget
Study
City Attorney
A communication from Mayor
David A. Bowers
recommending that the
agricultural land use tax
exemption in the City of
Roanoke be repealed.
Request to increase the total
combined income of any elderly
or disabled property owner
claiming real property tax
exempt status from $22,000.00
to $30,000.00.
Request of the National
Association for a Balanced
Federal System for adoption of
a measure in support of the
Article V Proposal of the
Council of State Governments
to restore the ability of the State
to initiate amendments without
fear of a "runaway" convention.
5
Pending Items from August 12, 1991 through April 26, 1993
Referral Date
Referred To
Item
4/12/93
City Manager
City Attorney
Request of the Williamson Road
Area Business Association for
establishment of a Special
Service District in the
Williamson Road Area.
4/19/93
4/26/93
4/26/93
4/26/93
1993-94 Budget
Study
William White, Sr.
B. T. Fitzpatrick,
Sr.
W. Robert Herbert
William White, Sr.
Kit B. Kiser
M. Craig Sluss
Commissioner of
Revenue
City Treasurer
City Manager
Acting Director of
Finance
Fiscal year 1993-1994 operating
budget of the City of Roanoke.
Bids to furnish and install
furniture and equipment for City
offices at The Jefferson Center,
540 Campbell Avenue, S. W.
Bids for construction of Carvins
Cove Phase II Water
Improvements - Contract C-2.
Matter of developing a
procedure whereby property
owners may pay their real estate
taxes by installments.
4/26/93
City Manager
Request to report to Council
within 30 days with regard to
the status of the bridge on
Prospect Road, S. E., leading to
Mill Mountain.
6
Pending Items from August 12, 1991 through April 26, 1993
Referral Date
Referrexl To
Item
4/26/93
City Manager
1993-94 Budget
Study
Suggestions of M. Rupert Cutler
as to ways the City can help the
Virginia Explore Park indirectly
during fiscal year 1993-94.
7
Education
Employment
Health
Housing and
Homelessnese
Neighborhoods
Econondc
Development
Crime Prevention
Adult Basic Education/
GED Preparation
AUeghany Highlands
Community Home
Improvement Program
Glerical Skills
Comprehensive Health
Investment Project
Emergency Services
Head Start
Henry Street
Music Center
High Risk Drug
Prevention Program
Homeless Intervention
Program
Housing Counseling
Housing Rehabi[hetion
hMAGE
Lherecy Programs
Neighborhood
orgamzation
Northwest
Supermarl~t Project
Proi~t Discoverv
Proi~ct PRIDE
Project Success
Southwest Virginia
Community Foodbank
Smrm'ner Youth
ErelMopment Programs
Transitional Living
Center
VA CARES Offender
Services
VWP Outreach
Weatherizmon
Women's Resource
Center
Post Office Box 2868
Roanoke, Virginia
24001-2868
(703) 345-6781
Fax (703) 345-4461
April 27, 1993
The Honorable David Bowers, Mayor
Members of City Council
City of Roanoke
Municipal Building
215 Municipal Building
Roanoke, VA 24011
Dear Mayor Bowers and Members of Council,
I respectfully request permission for Ellen Brown, Director
of Human Resources for T.A.P., to address Council concerning
T.A.P.'s programs and progress during the May 3, 1993, City
Council Meeting.
Please contact Ellen Brown at 345-6781 ext. 336 to confirm.
Thank you.
Very truly yours, ~.~
The~ore J. ~lich, III
Executive Director
TJE:fp
Roanoke, Virginia
May 3, 1993
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Briefing on the Proposed Fiscal Year 1993-1994
Community Development Block Grant (CDBG) Program
and Budget
I. Background:
City of Roanoke receives an annual grant of funds from
the U.S. Department of Housing and Urban Development
(HUD) based on a formula which considers age of housing,
poverty levels and other "distress" factors.
The amount of this Community Development Block Grant
(CDBG) is closely related to how much the U.S. Congress
appropriates nationwide, rather than anything that
Roanoke does.
Since 1974, the City of Roanoke has received
approximately $35 million in CDBG funds which have been
used on numerous projects in housing, economic
development, community services, and public
improvements.
II. Current Situation:
Roanoke's CDBG entitlement will be $2,076,000 for fiscal
year beginning July 1, 1993, a $177,000 increase over FY
1993. To that will be added $508,400 in program income
generated by the grant program from previous years.
The new HUD CDBG funds, added to $667,878 unspent from
previous years, will leverage an estimated $4,402,651 in
additional monies from federal, state, local and private
sources, for a total program scope of $7,654,929.
Citizen hearings and workshops have been held January
19, and April 15, 1993 in order to obtain citizens'
recommendations and to identify community needs for the
coming year.
Public hearing results were that citizens are concerned
about housing, activities for youth to combat drug abuse
and neighborhood economic development, as the primary
problems facing this community. (Please see Attachment
A, notes of public hearing on April 15, 1993).
1
E. Proposals for 39 projects, 9 administrative budgets, and
2 contractual obligations were received, totalling
$3,822,830. New and transferred funding available
totals $2,745,345.
III. Program Objectives:
Nine (9) new projects are being recommended for funding, and
36 previously funded projects are recommended. Eleven (11)
projects were submitted which are not being recommended for
funding at this time.
With 45 individual projects and activities funded in whole or
in part with CDBG funds, the FY 1994 program has been
designed to accomplish the following: (Please see Attachment
B, Draft Statement of Community Development Objectives)
A. Provide Adequate Housing:
2.
3.
4.
Rehabilitate or repair 98 houses and rental units.
Assist 60 families to purchase homes.
Support new construction of 15 affordable houses.
Prevent 550 families from becoming homeless through
eviction and utility cut-off.
B. Provide adequate jobs/emDloyment
Assist in the rehabilitation of 9 downtown store
fronts, reducing blight and creating 8 jobs.
Provide loans to 9 small and micro businesses,
creating 39 jobs.
Provide job training and education for 100 persons,
resulting in 60 job placements.
C. Reduce instances of crime and drug abuse.
1. Youth Activities:
Se
Provide operational support for 50 additional
youth for after-school activities.
Provide summer activities, including night-
time supervised recreation for 568 youths.
Provide staff for a coordinated, inter-agency
approach to fighting back against drugs in Roanoke.
e
Provide incentives for 2 police officer families to
purchase homes in at-risk neighborhoods.
D. Maintain and improve city infrastructure
Restore 12,550 square feet of historic brick
sidewalk in Gainsboro neighborhood.
2
Provide 10 trash containers for West End
neighborhood.
Empower citizens and neighborhood organizations
1. 23 neighborhood organizations will be provided with
technical assistance and staff support.
2. 10 Mini-grants will be awarded to neighborhoods.
3. 3 Neighborhood Development Grants will be awarded
to neighborhoods.
4. 50 families will be assisted in becoming self-
sufficient.
5. 65 pregnant teens will be assisted in having
healthy babies and learning parenting skills.
6. 113 teenage girls will improve their self-esteem
and reduce their risk of becoming pregnant, or
becoming pregnant again.
7. Seed money will be provided for a network of
minority businesses to improve their market access.
Compliance with federal laws and regulations
Oversight will be provided to the
ensure compliance with applicable
regulations.
CDBG program to
federal
Promote community pride
4.
5.
6.
7.
8.
4 houses which contribute to the historic character
of the Gainsboro neighborhood will be moved instead
of demolished.
22 vacant structures will be demolished.
Work will continue on stabilizing one national
register historic building.
Facades of 9 downtown buildings will be
rehabilitated.
13 houses will be painted.
200 unsafe buildings will be condemned.
Design assistance will be provided for 2 historic
structures.
One neighborhood plan will be printed and
distributed.
One neighborhood will be assisted in maintaining a
litter control program.
Of the $1,732,651 in CDBG funds, from all grant years,
available for projects in the FY 1994 budget, $1,237,596 or
71% are expected to benefit low and moderate income persons.
IV. Conclusion:
The proposed CDBG budget and program is responsive to the
stated concerns of the citizens of Roanoke, as well as
3
meeting the regulatory requirements of HUD. It provides for
housing improvement, activities for youth, business
development, the creation of new job opportunities, human
development, the strengthening of our neighborhood
organizations and adequate administrative oversight for the
entire program. It will allow us to build upon the successes
of the past and to meet some urgent critical needs.
This CDBG program is submitted for Council's review. On
May 10, 1993 City Council has scheduled an evening public
hearing to receive citizens' comments. At that time, Council
will be requested to authorize the City Manager to submit the
~993-1994 Statement of Objectives to the Richmond Office of
the Department of Housing and Urban Development for their
review.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH:MTP
Attachments
CC:
Assistant City Manager
City Attorney
Acting Director of Finance
Director of Public Works
Economic Development Specialist
Chief of Community Planning
Building Commissioner
City Engineer
Administrator FDETC
Assistant to the City Manager for Community Relations
Grants Monitoring Administrator
B:BRIEFING.RPT
Questions and Responses
CDBG Public Hearing
April 15, 1993
Question:
Response:
Question:
Response:
Question:
Response:
Comment:
Question:
Response:
Question:
Response:
Question:
Response:
On the Vacant Lot Homesteading Project, will design
criteria be followed on infill housing?
The city is sensitive to this issue. Design criteria
has been and is required to be followed on infill
housing.
Is there additional CDBG money that may become available
soon? What do we do then?
Clinton's Economic Stimulus Package has passed the House
and has gone to the Senate. $1.3 million has been
targeted for Roanoke in that package. If it passes, we
would have to move fast. We could get the extra funds
in early summer and would have 90 days to encumber them.
If this package passes, the extra CDBG funds would have
to be spent by December, 1994.
Will there be another public hearing? (Relative to the
new funds.)
Yes.
The city Council has already submitted proposed projects
to Washington for the extra funds that may come to the
City.
For this new money?
Yes. The items on that list would be re-evaluated, but
would probably be the first to be submitted.
Isn't there another allocation of funds just for CHDO's?
The city has 2 years of HOME money. A percentage of
those funds must go to CHDO's. HOME has different
regulations. HUD is talking about increasing the HOME
program.
If we have concerns about the proposed funding in this
draft, what do we do?
You can discuss your concerns here, with any staff, in
writing, by phone, etc. anytime. Or call me and we will
set up a meeting to talk about the proposals.
Page 2
Question:
Response:
Question:
Response:
Question:
Response:
Question:
Response:
Question:
Response:
Question:
Response:
Question:
Response:
What were the projects on the list submitted by City
Council to Washington?
Could you call me on Monday and we will talk about it
then? I don't have that list with me.
What are the chances of the funding amounts on these
projects being changed, up or down?
It has happened before. It's possible. But if one
project gets more funding another one will have to get
less.
If we get extra CDBG monies this year from Washington,
why cut out anything?
We have to wait and see how much, if any, money we
receive and what the regulations will be. I am assuming
HUD will not change the regulations too much. There
isn't time.
How were the points determined on our proposals?
Marie Pontius passed out sample rating forms to those
interested in the audience and explained the procedure
to them.
Explain the estimated expenditures found on each
activity page.
This comes for the individual applications.
Have you thought about giving the Housing Authority more
involvement in rehabilitating houses if a neighborhood
doesn't have the capacity?
Yes, we do it all the time. For example, the project in
Gainsboro submitted by HGPD. That group has no staff.
The Housing Authority could administer the project for
them.
I still do not understand the rating criteria. Why are
some that are rated at the top partially funded while
some at the bottom are fully funded?
There is a certain amount of flexibility. Take
demolition, for example. The City recognizes it must be
funded because of the support it has with the
neighborhoods even though it has low points.
Page 3
Question:
Response:
Who in the city determines what gets funded?
The CDBG committee of eight that Mr. Ritchie talked
about earlier makes these recommendations to the city
Manager and then ultimately, the city Council
determines.
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
May 10, 1993
File #5-20-51-77
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 31429-050393 amending Ordinance No. 18293,
adopted on August 19, 1968, permitting westbound motor trucks passing through the
City to use all portions of Brandon Avenue, S. W., within the City corporate limits.
Ordinance No. 31429-050393 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, May 3, 1993.
Sincerely, ~)Za,a..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
Mr. William F. Clark, Director, Public Works
Mr. William L. Stuart, Manager, Streets and Traffic
Mr. Robert K. Bengtson, Traffic Engineer
Mr. George C. Snead, Jr., Director, Public Safety
Mr. M. David Hooper, police Chief
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of May, 1993.
No. 31429-050393.
AN ORDINANCE amending Ordinance No. 18293, adopted August 19,
1968, permitting westbound motor trucks passing through the City to
use all portions of Brandon Avenue, S.W., within the city corporate
limits; and providing for an emergency.
WHEREAS, Brandon Avenue is an arterial highway in the City of
Roanoke which carries up to 22,000 vehicles per day between its
intersection with Franklin Road and Edgewood Street; and
WHEREAS, other than to travel westbound on Brandon Avenue,
S.W., there is no reasonable alternative route for trucks to reach
commercial locations off of Brandon Avenue, S.W., and for trucks to
travel through and to locations in the southern part of the City;
and
WHEREAS, Council has been advised in a report dated May 3,
1993, that studies of traffic volume indicate that no significant
increase in truck traffic is anticipated in permitting trucks to
use Brandon Avenue, S.W., in a westbound direction; and
WHEREAS, Council believes that Ordinance No. 18293, adopted
August 19, 1968, should be amended to permit westbound motor trucks
passing through the City to use all portions of Brandon Avenue,
S.W.; and
WHEREAS, for the immediate preservation of the public peace
and safety, an emergency is hereby set forth and declared to exist,
so that this ordinance may take effect at the time hereinafter
provided.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that:
1. Ordinance No. 18293, adopted August 19, 1968, be, and it
hereby is, amended to permit the use of westbound motor trucks
passing through the City on all portions of Brandon Avenue, S.W.,
within the city corporate limits.
2. Ordinance No. 18293, adopted August 19, 1968, in all
other respects not inconsistent with this Ordinance shall remain in
full force and effect.
3. In order to provide for the usual daily operation of the
municipal government,
ordinance shall be in
an emergency is deemed to exist, and
full force and effect upon its passage.
ATTEST:
this
City Clerk.
'93 / P228 PI:!:5
Roanoke, Virginia
May 3, 1993
Honorable David A. Bowers,
and Members of Council
Roanoke, Virginia
Mayor
Dear Members of Council:
SUBJECT: Brandon Avenue S.W.
- Truck Traffic
I. Background:
Brandon Avenue is an arterial highway in the City of
Roanoke which carries up to 22,000 vehicles per day
between its intersection with Franklin Road and Edgewood
Street (see attached map). Its width ranges from 31 feet
(two lanes) to 70 feet (four lanes). Zoning varies from
residential to commercial. Sidewalks or space for
pedestrians to walk exist on at least one side for most
of this three-mile segment. The posted speed limit
ranges from 30 to 40 miles per hour, although 30 mph is
in effect for the majority of this highway.
City Council approved Ordinance No. 9885 on March 28,
1949 which established Brandon Avenue as a truck route
for east-west truck traffic between Franklin Road and
Grandin Road. However, as a result of complaints from
many residents living on and in the area of Brandon
Avenue regarding a steadily increasing volume of traffic
using Brandon Avenue, City Council amended this action by
approving Ordinance No. 18293 on August 19, 1968. This
included the prohibition of westbound trucks from using
all portions of Brandon Avenue in order to pass through
Roanoke (beginning at Franklin Road and extending to the
west corporate limits, which were at Edgewood Street at
that time).
Eastbound through truck traffic on Brandon Avenue
(between Grandin Road and Brambleton Avenue) was
prohibited in the early 1980's under the authority
granted to the City Manager by Section 20-54 of the Code
of the City of Roanoke (1979), as amended. Residents had
complained about the noise from trucks travelling Brandon
Avenue both eastbound and westbound.
Members of City Council
Page 2
II.
Current Situation:
ae
Police Department periodically enforces the "Through
Trucks Prohibited" signage to the extent it is able. One
such enforcement period in 1992 led to complaints from
businesses located in the Blue Ridge Industrial Park
(located along Aerial Way Drive off of Brandon Avenue)
when some of their trucks were cited. However, the
businesses contend that there is no reasonable
alternative route that they can use.
Signs prohibiting eastbound trucks on Brandon Avenue were
subsequently removed on a trial basis. A before and
after study of traffic volume, including truck volume,
was also done in conjunction with the removal of these
signs. The results of the 12-hour traffic counts
(7 a.m. 7 p.m.) on Tuesday, December 1, 1992 (before
the signs were removed) and on Thursday, March 4, 1993
(more than 3 months after the signs were removed) reveal
there was no increase in the percentage of truck traffic
on this segment of Brandon Avenue. The initial study
counted 7,478 eastbound vehicles of which 146 (1.9%) were
medium or heavy trucks. The follow-up study counted
6,648 eastbound vehicles of which 108 (1.6%) were medium
or heavy trucks, so there was actually a decrease in the
total number and percentage of trucks.
Truck prohibition for westbound Brandon Avenue also
appears to be unnecessary. During the same before and
after study, westbound traffic volume initially measured
6,622 of which 116 (1.8%) were medium or heavy trucks,
then dropped to 6,229 of which 99 (1.6%) were medium or
heavy trucks. It can be concluded that the signs have
little bearing upon the use of this route by trucks in
either direction. Its use as an arterial route serving
this area of the city and the lack of an acceptable
alternative route across the southern part of the City
likely contribute to its use by trucks.
Brandon Avenue widening that will begin west of this area
(Edgewood Street to west corporate limits) will be open
to trucks. Peters Creek Road Extension will intersect
with Brandon Avenue and provide improved access to the
north, but this does not address the issue of an
acceptable alternative route across the southern part of
the city.
Members of City Council
Page 3
III.
Issues:
A. Truck traffic
B. Residents
C. Businesses
Alternatives:
IV.
Ae
City Council rescind the portions of Ordinance No. 18293
that prohibit the use and operation of westbound trucks
passing through Roanoke on Brandon Avenue, S.W.
Truck traffic presently using Brandon Avenue will be
able to travel legally and without fear of being
fined for using this highway. It is anticipated
that the volume of trucks on Brandon Avenue would
not noticeably increase.
Residents have not voiced complaints to the City
about the trucks using Brandon Avenue.
Representatives of Greater Raleigh Court Civic
League concur in the removal of truck signs.
Further, it is reasonable to expect that trucks
should be able to make use of a heavily travelled
arterial route that serves commercially zoned
property and for which reasonable alternative routes
do not exist.
Businesses that operate in the vicinity of Brandon
Avenue would be pleased to have the truck signs
removed.
Be
City Council not rescind the portions of Ordinance No.
18293 that prohibit the use and operation of westbound
trucks passing through Roanoke on Brandon Avenue, S.W.
1. Truck traffic using Brandon Avenue will continue to
be subject to fines by Police Department.
Residents would not be affected. Trucks continue to
use Brandon Avenue despite the truck signs and
residents have not complained.
Members of City Council
Page 4
3. Businesses that operate in the vicinity of Brandon
Avenue will continue to complain about the fines
their truck drivers receive and about the lack of an
acceptable alternative route.
Recommendation is that City Council rescind the portions of
Ordinance No. 18293 that prohibit the use and operation of
westbound trucks passing through Roanoke on Brandon Avenue,
Respectfully submitted,
W. Robert Herbert
City Manager
WRH:RKB:jrm
Attachment: Map
copy:
City Attorney
Acting Director of Finance
Director of Public Works
Director of Public Safety
Chief of Police
Traffic Engineer
MARY F. PARKER
City Clerk, CMC/AAE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAK1N
Deputy City Clerk
May 10, 1993
File #60-236-246
Mr. James D. Grisso
Acting Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 31430-050393 amending and reordaining certain
sections of the 1999.-93 Consortium Fund Appropriations, providing for appropriation
of $5,000.00, in connection with funds received from the Governor's Employment and
Training Department for an "EPA: Youth and the Environment Project," to be
administered by the Fifth District Employment and Training Consortium. Ordinance
No. 31430-050393 was adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, May 3, 1993.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Enc.
pc:
Mr. W. Robert Herbert, City Manager
Ms. Corinne B. Gott, Acting Director, Human Development
Ms. Vickte L. Price, Administrator, Fifth District Employment and
Training Consortium
Mr. Barry L. Key, Manager, Office of Management and Budget
Ms. Marie T. Pontius, Grants Monitoring Administrator
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 3rd day of May, 1993.
No. 31430-050393.
AN ORDINANCE to amend and reordain certain sections of the
1992-93 Consortium Fund Appropriations, and providing for an
emergency.
WHEREAS, for the usual daily operation of the Municipal
Government of the city of Roanoke, an emergency is declared to
exist.
THEREFORE, BE IT ORDAINED by the Council of the city of
Roanoke that certain sections of the 1992-93 Consortium Fund
Appropriations, be, and the same are hereby, amended and reordained
to read as follows, in part:
AmDroDriations
Fifth District Employment & Training Consortium -
FY 94
EPA Youth and Environmental (1) .................
$ 88,234
5,000
Revenue
Fifth District Employment & Training Consortium -
FY 94
EPA Youth and Environmental (2) .................
88,234
5,000
1) TAP
2) EPA/Virginia
State Water
Board
(034-054-9490-8172) $ 5,000
(034-034-1234-9490) 5,000
BE IT FURTHER ORDAINED that, an emergency existing,
Ordinance shall be in effect from its passage.
ATTEST:
this
City Clerk.
Honorable Mayor and Cityg~o~ ~2~5~
Roanoke, Virginia
Members of Council:
SUBJECT:
Funding for the Fifth
District Employment
and Training
Consort ium
I. BACKGROUND
The Fifth District Employment and Training Consortium
(FDETC) submitted and received acceptance of a proposal
for funding of an "EPA: Youth and the Environment"
project through United States Environmental Protection
Agency and the Governors Employment and Training
Department (GETD).
City of Roanoke is the grant recipient for FDETC funding.
City Council must appropriate the funding for all grants
the FDETC receives.
II. CURRENT SITUATION
GETD sent the FDETC a Notice of Award (NOA) in the amount
of $5,000.00 for funding of the "EPA: Youth and the
Environment" project.
B. EPA project is designed to begin operation June 1, 1993.
Project will provide summer work experience in the field
of water treatment and related environment issues for ten
youth.
III. ISSUES
A. Program Operations
B. Funding
C. Timing
IV. ALTERNATIVES
Appropriate the FDETC's funding for the EPA project
totalling $5,000.00 and increase the revenue estimate by
$5,000.00 in accounts to be established by the Acting
Director of Finance.
1. Program Operations Planned programs will be
implemented by FDETC's Policy Board and Private
Industry Council.
2. Funding Funds are available from the Grantor
agency at no additional cost to the City.
3. Timinq - Immediate action will allow programs to be
completed within planned time frames.
B. Do not appropriate the FDETC's fundinq for the EPA
project totalling $5,000.00.
1. Proqram Operations - Planned programs to serve
participants would be delayed.
2. Fundinq - Not a factor.
Timinq - Delay will cause late start-up of programs
and underexpenditure of available funds.
RECOMMENDATION
Approve Alternative A:
Appropriate the FDETC's fundinq for the EPA project totallinq
$5,000.00 and increase the revenue estimate by $5,000.00 in
accounts to be established by the Acting Director of Finance.
Respectively submitted,
W. Robert Herbert
City Manager
CBG:lr
cc:
Acting Director of Finance
City Attorney
Acting Director of Human Development
MARY F. PAI~KKR
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
May 10, 1993
File #60-290-323
Mr. James D. Grisso
Acting Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 31431-050393 amending and reordaining certain
sections of the 1992-93 General Fund Appropriations, providing for appropriation
of $5,808.00 in excess revenue from the Capital Maintenance and Equipment
Replacement Program to the Law Library's fiscal year 1992-93 operating budget, as
provided by Section 18-30(c), of the Code of the City of Roanoke (1979), as
amended. Ordinance No. 31431-050393 was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, May 3, 1993.
Sincerely, ~
Mary F. Parker, CMC/AAE
City Clerk
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Mr. W. Robert Herbert, City Manager
Ms. Corinne B. Gott, Acting Director, Human Development
Ms. M. Emily Keyser, Acting City Librarian
Ms. Clayne M. Calhoun, Law Librarian
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 3rd day of May, 1993.
No. 31431-050393.
1992-93
emergency.
WHEREAS,
Government of the
exist.
VIRGINIA
AN ORDINANCE to amend and reordain certain sections of the
General Fund Appropriations, and providing for an
for the usual daily operation of the Municipal
city of Roanoke, an emergency is declared to
THEREFORE, BE IT ORDAINED by the Council of the city of
Roanoke that certain sections of the 1992-93 General Fund
Appropriations, be, and the same are hereby, amended and reordained
to read as follows, in part:
A_~F_PR~_tatton~
Judicial Administration Law Library (1) ...................................
Fun~ Balanoe
Reserved CMERP - City - Unappropriated (2) ........
$ 3,519,646
178,294
$ 1,307,402
1) Publications and
Subscriptions
2) Reserved CMERP -
City -
Unappropriated
(001-054-2150-2040)
(001-3323)
$ 5,808
(5,808)
BE IT FURTHER ORDAINED that, an emergency existing,
Ordinance shall be in effect from its passage.
ATTEST:
this
City Clerk.
May o3, 28 ?,4:26
Honorable Mayor and Members of City Council
Roanoke, Virginia
Members of Council:
SUBJECT: LAW LIBRARY EXCESS REVENUE FOR FY 1992
I. Background
City Code Sect. 18-30(c) states "The assessments collected by the
clerks of the courts under this section shall be remitted to the
City Treasurer, who shall hold such assessments in a separate fund
subject to disbursement for the maintenance of the Law Library."
Five thousand eight hundred eight dollars (~5,808) more was
collected in FY92 than was appropriated or expended.
Revenue excess from the previous fiscal year is transferred to
operating accounts during the following fiscal year.
II. Current Situation
Revenue excess of $5~808 from FY 92 should be appropriated from
the Capital Maintenance and Equipment Replacement Program (CMERP)
to the Law Library's FY 93 operating budget.
III. Issues
A. quality of service to the public.
B. Compliance with regulations.
IV. Alternatives
City Council appropriate $5~808 in revenue excess from
the CMERP to the Law Library's operating budget.
quality of service to the public: Additional materials
will be purchased to keep the Law Library collection current
in order to meet the legal information needs of the general
public as well as the legal community.
Compliance with regulations: The funds received from the
four-dollar (--~-~.00) fee collected for each case filed in the
Circuit and General District Courts will be used to support
the operation of the Law Library as required by the Virginia
and Roanoke City Codes.
B. Do not authorize the appropriation of revenue excess.
quality of service to the public: Meeting the legal
information needs of the general public and the legal
community will be impaired.
Compliance with regulations: The City will be in
violation of the Code of Virginia and the City Code.
Recommendation
Ao
Council approve Alternative "A" and appropriate $5~808 from the
CMERP to the following account:
Publications and Subscriptions 001-054-2150-2040 $5,808
WRH/CG/BJ/js
C:
Wilburn C. Dibling, City Attorney
James Grisso, Acting Director of Finance
Corine Gott, Acting Director of Human Development
M. Emily Keyser, Acting City Librarian
Respectfu/~ly submi tte~d~
W. Robert Herbert
City Manager
CITY OF ROANOKE
Interdepartmental Communication
DATE:
July 28, 1992
TO: Jim Ritchie, Director of Human Resources
FROM: ~L~els~e Hal, Administrator of City Accounting Services
SUBJECT: Law Library Net Operations for Fiscal Year 1992
The following calculation represents the total revenues and
expenditures for the Law Library for fiscal year 1992:
Revenues:
Remitted by Circuit Court
Revenue Excess from Previous Year
Revenues Available
Expenditures and Encumbrances:
Personal Services
Publications and Subscriptions
Other Operating Expenses
Less: Liquidation of Prior Year Encumbrances
Net Current Year Expenditures
63,939.40
1.89)
65,171.38
86,247.39
14,777.55
( 8.067.15)
158.129.17
Net Income ~ 5.808.34
Liquidation of the $637.36 of fiscal year 1992 encumbrances included
above will be deducted from the fiscal year 1993 expenditures when the
computation is done for net operations for fiscal year 1993.
Contact me if you need additional information.
JH/kp
cc: Jim Grisso
Beverly Burry
Barry Key
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
May 10, 1993
File #183-188-472
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 31432-050393 accepting a bid submitted by
Bergiund Chevrolet, Inc., in the amount of $30,317.34, to provide for purchase of
two new utility type vehicles for use by the Department of Emergency Services, upon
certain terms and conditions, and rejecting all other bids received by the City.
Resolution No. 31432-050393 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, May 3, 1993.
Sincerely, ~~
Mary F. Parker, CMC/AAE
City Clerk
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pc:
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. James D. Grisso, Acting Director of Finance
Mr. George C. Snead, Jr., Director, Public Safety
Ms. Wanda B. Reed, Manager, Emergency Services
Mr. William F. Clark, Director, Public Works
Mr. James A. McClung, Manager, Fleet and Solid Waste Management
Mr. Kit B. Kiser, Director, Utilities and Operations
Mr. D. Darwin Roupe, Manager, Generel Services
Mr. Barry L. Key, Manager, Office of Management and Budget
MARY F. pABKI~R
City Cicrk, CMC/AAE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
21~ Church Avenue, S.W., Room 4~6
Roanoke, Virginia 24011
Telephone: (703) 981-2~1
SANDRA H. EAKIN
Deputy City Clerk
May 10, 1993
File #183-188-472
Mr. B. M. Farrell, President
Bergiund Chevrolet, Inc.
P. O. Box 12608
Roanoke, Virginia 24027
Dear Mr. Farrell:
I am enclosing copy of Resolution No. 31432-050393 accepting a bid submitted by
Bergiund Chevrolet, Inc., in the amount of $30,317.34, to provide for purchase of
two new utility type vehicles for use by the Department of Emergency Services, upon
certain terms and conditions, and rejecting all other bids received by the City.
Resolution No. 31432-050393 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, May 3, 1993.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
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Enc.
MARY F. PARKER
City Clerk, CMC/AAE
CITY' OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
May 10, 1993
File #183-188-472
Mr. William Pinkerton, President
Pinkerton Chevrolet
925 N. Electric Road
Salem, Virginia 24153
Dear Mr. Pinkerton:
I am enclosing copy of Resolution No. 31432-050393 accepting a bid submitted by
Bergiund Chevrolet, Inc., in the amount of $30,317.34, to provide for purchase of
two new utility type vehicles for use by the Department of Emergency Services, upon
certain terms and conditions, and rejecting all other bids received by the City.
Resolution No. 31432-050393 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, May 3, 1993.
On behaff of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedoscribed vehicles.
Sincerely, ~0.~
Mary F. Parker, CMC/AAE
City Clerk
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of May, 1993.
No. 31432-050393.
A RESOLUTION providing for the purchase of two (2) new utility
type vehicles 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 Berglund Chevrolet, Inc. made to the City in
the amount of $30,317.34 offering to furnish and deliver to the
City, f.o.b., Roanoke, Virginia two (2) new utility type vehicles,
such bid being in full compliance with the City's specifications
made therefor as more fully set forth in the report of the City
Manager dated May 3, 1993, which bid is on
the City Clerk is hereby ACCEPTED.
2. The City's Manager of General
file in the Office of
Services is
hereby
order
authorized and directed to issue the requisite purchase
therefor, incorporating into said order the City's specifications,
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.
Roanoke, Virginia
May 3, 1993
'93 APP, 28 P Z,:S4
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
SUBJECT:
Bids to Purchase
Utility Type Vehicles,
Bid No. 93-4-34
I. Background
Capital Maintenance and Equipment Replacement
Proqram has identified two (2) vehicles in
Emergency Services that are to be replaced.
Specifications were developed on Utility Type
Vehicles and along with Request for Quotations were
sent to twelve (12) vendors currently listed on the
City's bid list. A public advertisement was also
published in the Roanoke Times and Roanoke Tribune.
Bids were received, after due and proper
advertisement, until 2:00 p.m. on April 23, 1993,
at which time all bids appropriately received were
publicly opened and read in the Office of the
Manager of General Services.
II. Current Situation
A. Two (2) bids were received. Bid tabulation is
attached.
Ail bids received were evaluated in a consistent
manner by representatives of the following
departments:
Public Safety
Emergency Services
Fleet Management
General Services
C. The lowest bid, submitted by Berglund Chevrolet,
Inc. meets all required specifications for the
total cost of $30,317.34.
Utility Type Vehicles
Bid No. 93-4-34
Page 2
III. Issues
A. Need
B. Compliance with specifications
C. Timeliness
D. Fund availability
IV. Alternatives
Award the lowest responsible bid, as submitted by
Berglund Chevrolet, Inc. for two (2) new Utility
Vehicles for the total cost of $30~317.34.
Need - Request equipment
necessary support for
activities.
is needed to provide
Emergency Services
2. Compliance with specifications - The bid
submitted by Berglund Chevrolet, Inc. meets
all required specifications.
Timeliness - With the scheduled Manufacturer
cutoff of new vehicle orders, it is necessary
to award this bid no later than the first week
of May, 1993.
Fund availability - Designated Funds are
available in Fleet Management Account 006-052-
2641-9010.
B. Reject all bids.
1. Need - The need to respond to Emergency
Services activities in the most efficient
manner could not be accomplished.
Compliance with specifications would not be a
factor in this alternative.
3. Timeliness would not be a factor in this
alternative.
4. Fund availability - Designated Funds would not
be expended under this alternative.
Utility Type Vehicles
Bid No. 93-4-34
Page 3
We
Recommendation
Council concur with Alternative "A" - accept the
lowest responsible bid, submitted by Berglund
Chevrolet, Inc. for two (2) New Utility Type
Vehicles for the total cost of $30~317.34.
B. Reject other bids.
Respectfully Submitted,
W. Robert Herbert
City Manager
cc:
City Attorney
Director of Finance
Management & Budget
MARY F. P~ER
City Clerk, CMC/AAE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
21~ Church Avenue, S.W., Room
Roanoke, Virginia 24011
Telephone: (703) 981-2.541
SANDRA H. EAKIN
Deputy City Clerk
May 10, 1993
File #20-183
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 31437-050393 approving issuance of Change
Order No. 2 to the City's contract with Contracting Enterprises, Inc., for additional
traffic signal work, in the amount of $15,000.00, for a total contract amount of
$105,722.50, including Change Order No. 2. Ordinance No. 31437-050393 was
adopted by the Council of the City of Roanoke at a regular meeting held on Monday,
May 3, 1993.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
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pc:
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. James D. Grisso, Acting Director of Finance
Mr. William F. Clark, Director, Public Works
Mr. Charles M. Huffine, City Engineer
Ms. Sarah E. Fitton, Construction Cost Technician
Mr. William L. Stuart, Manager, Streets and Traffic
Mr. Robert K. Bengtson, Traffic Engineer
Mr. Kit B. Kiser, Director, Utilities and Operations
Mr. D. Darwin Roupe, Manager, General Services
Mr. Barry L. Key, Manager, Office of Management and Budget
MARY F. PARKE~
City Clerk, CMC/AAE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., R~om 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
May 10, 1993
File #20-183
Mr. Lucian Y. Grove, President
Contracting Enterprises, Inc.
P. O. Box 13725
Roanoke, Virginia 24036
Dear Mr. Grove:
I am enclosing copy of Ordinance No. 31437-050393 approving issuance of Change
Order No. 2 to the City's contract with Contracting Enterprises, Inc., for additional
traffic signal work, in the amount of $15,000.00, for a total contract amount of
$105,722.50, including Change Order No. 2. Ordinance No. 31437-050393 was
adopted by the Council of the City of Roanoke at a regular meeting held on Monday,
May 3, 1993.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of May, 1993.
NO. 31437-050393.
AN ORDINANCE approving the City Manager's issuance of Change
Order No. 2 to the City's contract with Contracting Enterprises,
Inc., for additional traffic signal work; and providing for an
emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager or the Assistant City Manager is
authorized and empowered to issue, for and on behalf of the City,
upon form approved by the City Attorney, Change Order No. 2 to the
City's contract with Contracting Enterprises, Inc., related to
additional traffic signal work.
2. Such Change Order shall provide for the following changes
in the work to be performed:
ORIGINAL CONTRACT AMOUNT
CONTRACT AMOUNT INCLUDING
CHANGE ORDER NO. 1
CHANGE ORDER NO. 2:
Installation of new detectors
in new pavement surface
CONTRACT AMOUNT INCLUDING CHANGE
ORDER NO. 2
3.
municipal
ordinance
$ 65,310.00
$ 90,722.50
$ 15t000.00
$ 105,722.50
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 2401 I
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
May 10, 1993
File #20-514-183
Mr. Stanley H. Puckett
Vice-President
L. H. Sawyer Paving Co., Inc.
496 Glenmore Drive
Salem, Virginia 24153
Mr. M. Wayne Hylton, Jr.
Vice-President
S. R. Draper Paving Company
4742 Old Rocky Mount Road, S. W.
Roanoke, Virginia 24014
Gentlemen:
I am enclosing copy of Ordinance No. 31436-050393 accepting the bid of Adams
Construction Company, in the amount of $985,000.00, for paving and profiling of
various streets, upon certain terms and conditions, and rejecting all other bids
received by the City. Ordinance No. 31436-050393 was adopted by the Council of the
City of Roanoke at a regular meeting held on Monday, May 3, 1993.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bids on the abovedescribed project.
ff.,~.~.~Sincerely,
Ma~y F. Parker, CMC/AAE
City Clerk
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Erie.
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
May 10, 1993
File #20-514-183
Mr. Paul D. Rotenberry
Vice-President
Adams Construction Company
P. O. Box 12627
Roanoke, Virginia 24027
Dear Mr. Rotenberry:
I am enclosing copy of Ordinance No. 31436-050393 accepting the bid of Adams
Construction Company, in the amount of $985,000.00, for paving and profiling of
various streets, upon certain terms and conditions, and rejecting all other bids
received by the City. Ordinance No. 31436-050393 was adopted by the Council of the
City of Roanoke at a regular meeting held on Monday, May 3, 1993.
Sincerely, ~dt.~
Mary F. Parker, CMC/AAE
City Clerk
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Erie.
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
May 10, 1993
File #20-514-183
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 31436-050393 accepting the bid of Adams
Construction Company, in the amount of $985,000.00, for paving and profiling of
various streets, upon certain terms and conditions, and rejecting all other bids
received by the City. Ordinance No. 31436-050393 was adopted by the Council of the
City of Roanoke at a regular meeting held on Monday, May 3, 1993.
Sincerely,
Mary F. Parker, CMC/A~E
City Clerk
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pc:
Mr. Wilburn C. DibUng, Jr., City Attorney
Mr. James D. Grisso, Acting Director of Finance
Mr. Wiliiam F. Clark, Director, Public Works
Mr. Charles M. Huffine, City Engineer
Ms. Sarah E. Fitton, Construction Cost Technician
Mr. William L. Stuart, Manager, Streets and Traffic
Mr. Robert K. Bengtson, Traffic Engineer
Mr. Kit B. Kiser, Director, Utilities and Operations
Mr. D. Darwin Roupe, Manager, General Services
Mr. Barry L. Key, Manager, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of May, 1993.
No. 31436-050393.
AN ORDINANCE accepting the bid of Adams Construction Company
for paving and profiling of various streets, upon certain terms and
conditions, and awarding a contract therefor; authorizing the
proper City officials to execute the requisite contract for such
work; rejecting all other bids made to the City for the work; and
providing for an emergency.
BE
follows:
1.
in the
various
IT ORDAINED by the Council of the City of Roanoke as
The bid of Adams Construction Company, made to the City
total amount of $985,000.00, for paving and profiling of
streets within the City of Roanoke, as more particularly
set forth in the report to this Council dated May 3, 1993, such bid
being in full compliance with the City's plans and specifications
made therefor and as provided in the contract documents offered
said bidder, which bid is on file in the Office of the City Clerk,
be and is hereby ACCEPTED.
2. The City Manager or the Assistant City Manager and the
City Clerk are hereby authorized on behalf of the City to execute
and attest, respectively, the requisite contract with the
successful bidder, based on its proposal made therefor and the
City's specifications made therefor, said contract to be in such
form as is approved by the City Attorney, and the cost of said work
to be paid for out of funds heretofore or simultaneously
appropriated by Council.
3. Any and all other bids made to the City for the aforesaid
work are hereby REJECTED, and the City Clerk is directed to notify
each such bidder and to express to each the City's appreciation for
such bid.
4.
municipal government,
ordinance shall be in
In order to provide for the usual daily operation of the
an emergency is deemed to exist, and this
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 426
Roanoke, Virginia 2~011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
May 10, 1993
File #60-20-514-183
Mr. James D. Grisso
Acting Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 31435-050393 amending and reordaining certain
sections of the 1992-93 General Fund Appropriations, providing for the transfer of
$350,000.00 from the Capital Maintenance and Equipment Replacement Program to
Public Works - Street Paving, in connection with award of a contract to Adams
Construction Company for asphalt concrete overlays and pavement profiling of
various streets within the City. Ordinance No. 31435-050393 was adopted by the
Council of the City of Roanoke at a regular meeting held on Monday, May 3, 1993.
Sincerely, ~~
Mary F. Parker, CMC/AAE
City Clerk
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po:
Mr. W. Robert Herbert, City Manager
Mr. William F. Clark, Director, Public Works
Mr. Charles M. Huffine, City Engineer
Ms. Sarah E. Fitton, Construction Cost Technician
Mr. William L. Stuart, Manager, Streets and Traffic
Mr. Robert K. Bengtson, Traffic Engineer
Mr. Kit B. Kiser, Director, Utilities and Operations
Mr. D. Darwin Roupe, Manager, General Services
Mr. Barry L. Key, Manager, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKEt VIRGINIA
The 3rd day of May, 1993.
No. 31435-050393.
AN ORDINANCE to amend and reordain certain sections of the
1992-93 General Fund Appropriations, and providing for an
emergency.
WHEREAS, for the usual daily operation of the Municipal
Government of the City of Roanoke, an emergency is declared to
exist.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that certain sections of the 1992-93 General Fund
Appropriations, be, and the same are hereby, amended and reordained
to read as follows, in part:
ADoronriations
Public Works
Street Paving (1) .................................
Fund Balance
Capital Maintenance & Equipment Replacement
Program - City - Unappropriated (2) ................
$ 20,894,923
1,161,229
$ 963,210
1) Fees for
Professional
Services
2) CMERP - City
Appropriated
(001-052-4120-2010)
(001-3323)
$ 350,000
(350,000)
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
Honorable David A. Bowers, Mayor
and Members of Council
Roanoke, Virginia
Dear Members of Council:
SUBJECT:
Bid Committee Report
Asphalt Concrete Overlays and Pavement Profiling
of Various Streets Within the City of Roanoke
Bid Committee Report attached is for paving and profiling of
various streets within the City of Roanoke. The 32¢945 tons
of asphalt will pave 6_~0 lane miles of streets.
City street pavinq proqram's eighteen-year average is shown on
Attachment I. The average number of lane miles paved during
this eighteen year period is 61 which is greater than the 57
lane-miles required for a 20 year paving program goal.
Recommendation is that City Council approve the recommenda-
tions of the Bid Committee Report.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/jrm/fm
Attachments
copy:
City Attorney
Acting Director of Finance
Director of Public Works
City Engineer
Roanoke, Virginia
May 3, 1993
Honorable David A. Bowers, Mayor
and Members of Council
Roanoke, Virginia
Dear Members of Council:
SUBJECT:
Bid Committee Report
Asphalt Concrete Overlays and Pavement Profiling
of Various Streets within the City of Roanoke
I. Background:
Bids were received by City Council at its April 19, 1993
meeting. These bids were publicly opened and read aloud for
Asphalt Concrete Overlays and Pavement Profiling of Various
Streets Within the City of Roanoke. Three (3) bids were
received and referred to the bid committee for review and
report back to Council. The low bid, in the amount of
$898~865.80 was submitted by Adams Construction Company.
Adding Alternate No. i (raising manholes), which was bid at
$42~400.00, the total bid amounts to $941~265.80.
City Council, at its October 1, 1979 meeting, directed the
Administration to give "every consideration" to maintaining a
20-year paving cycle on City streets. The 20-year paving
cycle requires that 57 lane-miles be paved each year within
the City of Roanoke. (See Attachment I.)
Street condition investigated by Streets & Traffic Department
indicates that 75 lane miles of streets are rated in the "A"
category. This category includes streets which are identified
as being in the greatest need of resurfacing. These
determinations are based upon professional field judgement
which examines the extent of various types of pavement
deterioration such as cracking, rutting, and raveling. Of
this, 57 lane miles were included in the work put out for
bids.
Funding sources totaling ~l~000t000 are listed on Attachment
II and would provide a contract of ~985t000 for 41~135 tons of
asphalt and $15~000 change order to another existing contract
for replacement of vehicle detectors that will be destroyed as
a result of the pavement profiling needed under this paving
program. The paving contract will enable the resurfacing of
60 lane miles of streets, at prices contained in the low bid
shown on Attachment III. One of the funding sources is the
Fiscal Year 1993-94 Paving Program monies in the amount of
~650~000. Therefore, the proposed contract is based upon
funds included in the Fiscal Year 1993-94 budget, as proposed,
which is scheduled to be adopted on May 10, 1993. However,
~mbers of City Council
Page 2
contract expenditures prior to June 30, 1993, can be paid from
the currently available FY 92-93 funds.
Contract amount which will allow the City to pave 60
lane-miles is $43,734.00 more than the low bid total
(including Alternate No. 1). The Streets & Traffic Department
has increased the appropriate quantities, as bid on a unit
price basis. Project specifications state that the City
reserves the right to add to or to decrease the quantities
listed in the Bid Form in an amount that would not exceed 35
percent of the total accepted Base Bid, without renegotiations
of the unit prices.
Traffic detectors (wire loops embedded in surface of pavement
at signalized intersections) will be destroyed when pavement
is profiled at certain locations. This is unavoidable. After
repaying is completed, replacement of these detectors in the
new pavement surface can best be accomplished by contract
work. City Council authorized a construction contract with
Contracting Enterprises, Inc. on March 23, 1992 (Ordinance No.
30921-032392). Current contract amount of $90t722.50 could be
increased by Change Order No. 2 in the amount of $15t000.00 to
Install new detectors. Amount of change order is reasonable
since scope of work is similar, unit prices are acceptable,
and current contract allows extension to November 2, 1993.
II. Issues:
A. Compliance of the bidders with the requirements of contract
documents.
B. Amount of the low bid.
C. Funding for construction.
D. Time of completion.
III. Alternatives:
Award the contract to Adams Construction Company in the amount
of $985t000.00 for street paving, in a form acceptable to the
Director of Finance.
Also, approve Change Order No. 2 to the contract with
Contracting Enterprises, Inc. in the amount of $15~000.00.
1. Compliance of the bidder with the requirements of the
contract documents was met.
~mbers of City Council
Page 3
Amount of the low bid is acceptable. The $24.61 price per
ton of asphalt is 21.7% higher than last year's price of
$20.23 which is attributed to the rising costs of
petroleum-based products· The increased contract enables
the City to pave 60 of the 75 lane miles rated in the "A"
category·
3. Fundinq for the project is available in the accounts
listed in Attachment II.
4. Time of completion of the project is 180 days.
Award the contract to Adams Construction Company in the amount
of $941,265.80 (base bid plus alternate) in a form acceptable
to the Director of Finance.
Also, approve Change Order No. 2 to the contract with
Contracting Enterprises, Inc. in the amount of $15~000.00.
1. Compliance of the bidder with the requirements of the
contract documents was met.
Amount of the low bid is acceptable. The $24.61 price per
ton of asphalt is 21.7% higher than last year's price of
$20.23. Low bid enables the City to have 57 lane miles
paved this year·
Fundinq for the project is available in the Capital
Equipment Maintenance and Replacement Program in the
amount of $350~000 and in proposed FY 94 Paving Program
Account of $650~000 of which $§91~265.80 would be needed
at this time for paving. An additional $15~000 is needed
for change order No. 2.
4. Time of completion of the project is 180 days.
Reject all bids and do not pave the City streets this year,
and do not approve Change Order No. 2 to the contract with
Contracting Enterprises, Inc. in the amount of $15~000.00.
1. Compliance with requirements of the contract documents
would not be an issue.
2. Amount of the bid price would probably be higher if rebid
at a later date.
3. Fundinq would not be spent at this time.
Members of City Council
Page 4
IV.
4. Time would become a factor in the deterioration of streets
that need paving now.
Recommendation:
ao
City Council approve Alternative "A" and award the contract to
Adams Construction Company in the sum of $985,000.00, subject
to adoption of a FY 93-94 budget by City Council which
includes $650,000 for the paving program.
B. Appropriate $350,000.00 from Fiscal Year 1993 CMERP to Account
No. 001-052-4120-2010 Street Paving.
C ·
City Council approve the execution of Change Order No. 2 in
the amount of $15,000 to the contract with Contracting
Enterprises, Inc.
D. Reject the other bids received.
Respectfully submitted,
William White, Sr., Chairman
William F. Clark
Charles M. Huffine
WWSr:RKB;jrm
Attachments:
18 Year Summary (Attachment I)
Funding Sources (Attachment II)
Tabulation of Bids (Attachment
Street Paving/Profiling List
Street Paving Map
III)
copy:
City Attorney
Acting Director of Finance
City Manager
ATTACHMENT I
CITY OF ROANOKE STREET PAVING PROGRAM
18 YEAR PERIOD
APPROXIMATE
YEAR LANE MILES
1976 15
1977 39
1978 28
EDA
1977-78 65
1979 123
1980 63
1981 38
1982 58
1983 58
1984 50
1984' 7
1985 50
1985' 7
1986 40
1987 45
1988 57
1989 98
1990 57
1991 70
1992 75
1993'* 60
COST
PER TON
$14.97
19.89
21.76
21 95
22 75
21 75
23 96
22 44
23 81
28 73
29.54
31.77
31.77
28.78
27.52
26.77
24.61
24.61
21.77
20.23
24.61
TOTAL
CONTRACT
$ 129,353.20
432,289.10
375,733.76
809,667.79
1,679,143.58
805,128.29
525,000.00
765,000.00
862,620.86
980,000.00
126,000.00
1,020,000.00
132,000.00
794,000.00
856,064.70
993,618.15
1,641,000.00
901,532.60
1,012,497.79
951,807.05
985~000.00
TOTAL 1103 $16,777,455.07
18-Year
Annual Avg. 61 $ 932,080.83
* Change order for additional paving
** Paving Program proposed by this report
ATTACHMENT II
F.Y. 1993 - 1994 PAVING PROGRAM
Total Funding Required
Funding Sources:
PART A (Fiscal Year 1993)
Capital Maintenance and Equipment
Replacement Program
PART B (Proposed Fiscal Year
Annual Paving Program
001-052-4120-2010
350,000
1994)
650e000
1,000,000
$1,000.00
0
0
0
0
0
0
0
0
0
MARY F. PARKER
City Clerk, CMC/AAE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Vir~nia 24011
Telephone: (703) 981-2~41
SANDRA H. EAKIN
Deputy City Clerk
May 10, 1993
File #27-468
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of a report of the Water Resources Committee with regard to
current sewage capacities allocated to those jurisdictions that are parties to the 1972
Sewage Treatment Contracts for use of the Roanoke Regional Sewage Treatment
Plant, which report was before the Council of the City of Roanoke at a regular
meeting held on Monday, May 3, 1993.
On motion, duly seconded and unanimously adopted, the report was received and
flied.
Sincerely, ~t~a~.~
Mater 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. Steven L. Walker, Manager, Water Pollution Control Plant
MARY F. PA~K~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) 981-2~41
SANDRA H. EAKIN
Deputy City Clerk
May 10, 1993
File #27-468
Mr. Randolph M. Smith
City Manager
City of Salem
P. O. Box 869
Salem, Virginia 24153
Mr. Gerald A. Burgess
County Administrator
County of Botetourt
P. O. Box 279
Fincastle, Virginia 24090
Mr. Elmer C. Hodge
County Administrator
County of Roanoke
P. O. Box 29800
Roanoke, Virginia 24018-0798
Mr. B. Clayton, Goodman, III
Acting Town Manager
Town of Vinton
P. O. Box 338
Vinton, Virginia 24179
Gentlemen:
I am enclosing copy of a report of the Water Resources Committee with regard to
current sewage capacities allocated to those jurisdictions that are parties to the 1972
Sewage Treatment Contracts for use of the Roanoke Regional Sewage Treatment
Plant, which report was before the Council of the City of Roanoke at a regular
meeting held on Monday, May 3, 1993.
On motion, duly seconded and unanimously adopted, the report was received and
filed.
Sincerely, ~/~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Enc.
(:ITY "' '
'93 /~PP, 27 P3:,~5
Roanoke, Virginia
May 3, 1993
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Capacity Allocation - Roanoke Regional
Sewage Treatment Plant
The attached report was considered by the Water Resources
Committee at its meeting on April 26, 1993. The Committee
recommends that Council receive and file this report.
Respectfully submitted,
Elizabeth T. Bowles, Chairman
Water Resources Committee
ETB:KBK:afm
Attachment
cc:
City Manager
City Attorney
Director of Finance
Director of Utilities
Mr. Randolph M. Smith,
Mr. Gerald A. Burgess,
Mr. Robert W. Benninger, Acting Vinton Town Manager
Mr. Elmer C. Hodge, Roanoke County Administrator
& Operations
Salem City Manager
Botetourt County Administrator
CITY OF ROANOKE
I~T~D~pARTMENTAL CO~3N I CATION
DAT~:
TO:
April 26, 1993
Chairman and Membe~r Resources Committee thru
~~ Herber~y Manager
/~'~'.'Kis' er, Director of Utilities & Operations
SUBJECT: Capacity Allocation - Roanoke Regional Sewage
Treatment Plant
Background:
A. 1972 sewage treatment contracts assigned the following allocated
capacities:
2.
3.
4.
Roanoke County - 9.50 million gallons per day (MGD)
City of Salem - 6.65 million gallons per day (MGD)
Botetourt County - 1.90 million gallons per day (MGD)
Town of Vinton - 1.12 million gallons per day (MGD)
Meeting every third year, beginning in February, 1975, is required
of representatives of the jurisdictions that are parties to the
1972 contracts, to determine if there is justification and
agreement to reallocate capacities as originally assigned by the
1972 contracts.
One adQustment has been made during the life of the 1972 contract.
That adjustment reduced the allocated capacity of Roanoke County
by 0.5 MGD, (from 9.5 to 9.00 MGD), and increased the allocated
capacity of the Town of Vinton by 0.5 MGD, (from 1.12 to 1.62
MGD).
II. Current Situation:
ao
Representatives of the Qurisdictions who are parties to the 1972
contract met on February 23, 1993 to determine if there was
justification and agreement to reallocate capacity. Attached is a
listing of persons who attended the meeting.
Attached flow history for fiscal years 1990, 1991, and 1992 was
reviewed.
III. Conclusion:
ao
None of the jurisdictions desired to reduce their current
allocated capacity. Representatives of the jurisdictions agreed
not to recommend any changes in the allocated capacities.
IV. Recommendation:
this report.
Committee recommend that City Council receive and file
KBK:afm
Attachment
cc: Mr. Randolph M. Smith, Salem City Manager
Mr. Gerald A. Burgess, Botetourt County Administrator
Mr. Robert W. Senninger, Acting Vinton Town Manager
Mr. Elmer C. Hedge, Roanoke County Administrator
Attendees
Kit B. Kiser
Kurt O. Hodgen
Kevin Shearer
Clifford Craig
John Abbott
J. Wesley Graham
Cecil Stacy
February 23, 1993
SEWAGE CAPACITY ALLOCATION MEETING
Attendees
Representing
City of Roanoke
Botetourt County
Botetourt County
Roanoke County
City of Salem
City of Salem
Town of Vinton
ALLOCA'£~ CAPACITY VS. STP FLOWS
Allocated Capacity
Vinton Botetourt Salem Roke. Co. Roka. City
(~D) (~D) (~D) (~C~) (~D)
1.62 1.90 6.65 9.00 15.83
Nonthly Flo~s
Past Three Fiscal Years
Nonth/
Year
Jul 89
Aug 89
Sep 89
Oct 89
Nov 89
Dec 89
Jan 90
Feb 90
Mar 90
Apr 90
May 90
Jun 90
Total Plant
Flo~MCD
49.05
34.61
38.30
39.19
35.03
35.02
41.90
42.44
39.33
37.39
37.01
32.49
Rainfall Vinton Botetourt Salem Rke. Co. Rke. Cty.
(Inches) (MCI)) (MCD) (MGD) (M~)) (M~D)
10.09 2.06 .24 10.63 6.82 29.30
1.65 1.58 .27 6.26 5.17 21.34
8.94 1.99 .29 11.24 7.58 17.20
4.13 1.86 .27 8.84 7.18 21.04
3.86 1.71 .26 6.97 5.81 20.08
2.60 1.73 .23 6.85 4.69 21.32
2.33 1.78 .38 7.65 5.62 26.47
2.76 1.86 .48 8.34 5.30 26.46
3.42 1.74 .47 7.56 5.39 24.17
2.07 1.64 .44 7.84 5.32 22.15
7.45 1.86 .44 7.63 5.46 21.62
0.83 1.68 .39 6.35 4.69 19.38
Jul 90
Aug 90
Sep 90
Oct 90
Nov 90
Dec 90
Jan 91
Feb 91
Mar 91
Apr 91
May 91
Jun 91
33.30
34.35
29.24
40.40
33.03
33.93
40.20
33.65
44.50
39.29
33.26
32.01
3.80 1.74 .39 7.14 4.74 19.20
4.42 1.64 .39 6.62 4.21 21.49
1.86 1.67 .39 6.94 4.53 15.71
9.89 2.17 .48 10.28 8.01 19.46
1.08 1.62 .39 4.86 4.49 21.65
3.79 1.69 .40 5.54 6.01 20.29
3.55 1.96 .52 9.14 7.46 21.12
2.10 1.74 .54 5.28 5.51 20.58
7.58 2.19 .49 6.42 8.25 27.15
2.49 1.79 .51 7.63 4.94 24.42
2.88 1.75 .50 5.70 4.85 20.46
2.42 1.71 .41 5.66 4.41 19.82
Jul 91
Aug 91
Sap 91
Oct 91
Nov 91
Dec 91
Jan 92
Feb 92
Mar 92
Apr 92
May 92
Jun 92
Vinton
2.10/3.60
33.08
31.35
29.51
30.08
30.35
33.95
33.60
34.78
34.88
34.23
37.63
37.69
= Flow meter
Projected
Botetourt
1.90/3.26
7.22 1.69 .56 5.46 5.24 20.13
2.31 1.69 .55 5.42 5.04 18.65
0.15 1.46 .43 4.19 4.72 18.71
0.04 1.47 .42 4.33 4.67 19.19
2.51 1.52 .42 4.85 4.90 18.66
3.81 1.37 .38 5.68 4.87 21.65
2.51 1.36 .37 7.09 5.27 19.51
3.75 1.62 .42 6.96 5.55 20.23
2.54 1.67 .47 8.97 5.65 18.12
4.89 1.78 .44 7.08 6.74 21.59
6.06 1.79 .41 9.01 7.52 18.90
6.87 2.00 .62~ 8.94* 7.38* 18.75
readings not cro$$checked with billing records
Capacity Needs (IZDa Dry Month/I/et Month)
Salon Rolm. Co. Roke. Cty.
9.00/15.43 9.80/16.80 19.20/32.91
Total
42.00/72.00
MARY F. PARX~
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. EAKLN
Deputy City Clerk
May 10, 1993
File #28-200-252
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of a report of the Water Resources Committee with regard to a
change in the City's current practices and procedures to provide that ali future
requests to vacate public easements be routed through the Office of Community
Planning, which report was before the Council of the City of Roanoke at a regular
meeting held on Monday, May 3, 1993.
On motion, duly seconded and unanimously adopted, the report was received and
filed.
Sincerely, ~c.~.t
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Ene.
pc:
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Talevi, Assistant 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
Mr. John R. Marlles, Chief, Community Planning
Mr. Edward R. Tucker, Subdivision Agent
'93
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: City Procedures
Easements
Roanoke, Virginia
May 3, 1993
- Vacation of Public
The attached report was considered by the Water Resources
Committee at its meeting on April 26, 1993. The Committee
recommends that City Council receive and file this report and
attached memoranda from the subdivision agent dated February 24,
1993, and the Assistant City Attorney, dated March 3, 1993,
thereby acknowledging that all future requests to vacate public
easements will be routed through the Office of Community Planning
(subdivision agent) in order to ensure that all such requests are
processed in the minimum time necessary in each specific case.
Respectfully submitted,
ETB:KBK:afm
Attachment
cc:
izSbeth T. Bowles, Chairman
Water Resources Committee
City Manager
City Attorney
Director of Finance
Director of Utilities & Operations
Director of Public Works
City Engineer
Chief of Community Planning
Subdivision Agent
Assistant City Attorney
INTERDEPARTMENTAL COMMUNICATION
DATE:
TO:
FROM:
SUBJECT:
I.
April 26, 1993
r.mber~,.Water Resourc~ Committee
Kiser through M.~C~Herbert
City Procedures - Vacation of Public Easements
Backqround:
A. City of Roanoke and individuals within the genera]
development community occasionally have cause and valid
reason to vacate, relocate or realign public easements
(water, sewer, storm drainage, etc.) that exist within
and upon private properties.
Applications and requests to vacate easements in such
instances are currently routed, reviewed and approved
according to the requirements of two (2) separate City
procedures.
Applications and requests made to internal administrative
offices (other than the Office of Community Planning)
have in the past, been automatically referred to City
Council, through the Water Resources Committee (WRC) for
action. This procedure requires the following action:
Request is forwarded to City staff for research of
particulars related to the subject easement.
2. Report is prepared by City staff with proper
recommendations to the WRC.
Report is reviewed by the Office of the City
Attorney for legal form and appropriateness.
4. Request and staff report are reviewed and
considered by the WRC for final recommendation to
City Council.
City staff prepares a cover
recommendation made by the WRC
recommendation to City Council.
memorandum to the
and forwards such
Section 15.1-480.1 requires public notice of
vacation of an easement that was originally
dedicated for public use as a part of a previously
recorded subdivision.
Request is reviewed by City Council which either
approves the request and adopts an ordinance,
providing for the subject vacation and the
authorization of the City Manager to execute all
necessary agreements and plats to effect such
vacation, or denies the applicant's request.
Preparation and execution of agreements between the
City and the applicant to be recorded in
conjunction with such ordinance.
Recordation of the legal instrument and plats
effecting the vacation with the Clerk of the
Circuit Court.
Public easements (water, sewer, storm drainage, etc.) are
also vacated in cases where application is made to the
Office of Community Planning (Subdivision Agent) in all
instances where such vacation is determined to be in
compliance with the provisions of Title 15.1 of the Code
of the Commonwealth of Virginia (1950) as amended, and
Chapter 31, Subdivisions, of the Code of the City of
Roanoke (1979), as amended.
The procedure requires the following action:
Applicant submits a plat to the subdivision agent
showing the boundaries of the public easement to be
vacated. Applicant pays a prescribed fee to the
City for review of the plat of vacation.
Subdivision Agent, in conjunction with the City
Engineer, reviews the plat to ensure that the
request is in compliance with the City's
subdivision ordinance and the provisions of Title
15.1 of the Land Subdivision and Development Act of
the Code of VA (1950), as amended.
Plat of vacation is approved or denied by the
Subdivision Agent and the City Engineer. If the
plat is approved, the owner thereafter records the
plat with the Clerk of the Circuit Court and the
easement is thus legally vacated.
~oanoke adopted Chapter 31, Subdivisions, in
1968, "to establish certain standards and minimum
requirements and to prescribe procedures to assure the
orderly subdivision and development of land within the
corporate limits of the City." Subdivision ordinance
provides for the following:
Section 31-5 authorizes and designates the planning
commission or its delegated representative
(subdivision agent) as the agent of the City to
administer the subdivision ordinance.
Requires the commission or its agent to perform
their duties in regard to subdivisions and
subdividing in accordance with such Chapter and the
Land Subdivision and Development Act, Title 15.1,
Chapter 11, Article 7 of the Code of Virginia.
Section 31-39(c) sets a prescribed fee to be
charged for the review for approval of all
applications to vacate subdivision plats or
portions thereof.
Title 15.1 (Land Subdivision and Development Act) of th~
VA Code provides in Sections 15.1-480.1, 15.1-481, and
15.1-482, that the vacation of easements, subdivision
plats or portions thereof, may be vacated under specific
conditions by the governing body or its authorized aqent.
The sections further provide that such easements,
subdivision plats or portions thereof, may also be
vacated by ordinance of the governing body.
II. Current Situation
Office of Community Planning (subdivision aqent) by
memorandum dated February 24, 1993 (attached) requested
a legal opinion from the City Attorney regarding
appropriate and expedient procedures for the vacation of
public easements (water, sewer, storm drainage, etc.).
City Attorney's opinion, in a response dated March 3,
1993 (attached), acknowledged that public easements such
as water, sewer, storm drainage, etc., in many instances
may be vacated by either the subdivision agent under the
provisions of the subdivision ordinance, or by a separate
ordinance adopted by the governing body.
III. Issues:
A. Cost savin_D_q~.
B. Time savinqs.
IV. Alternatives:
A. Committee recommend to City Council that:
It receive and file this report and attached
memoranda from the subdivision agent dated February
24, 1993, and the Assistant City Attorney, dated
March 3, 1993; and
Be
ii.
Advise City Council that all future requests to
vacate public easements will be routed through the
Office of Community Planning (subdivision agent) in
order to ensure that all such requests are
processed in the minimum time necessary in each
specific case.
1. Cost savings:
(a)
Easements may be vacated under the
subdivision process in 14 days or less.
Owner will not incur additional costs by
reason of delay by City procedures.
(b)
Easements vacated under the subdivision
process will reduce the number of staff
man hours used to research easements and
prepare written reports and
recommendations.
(c)
Applicants are required to pay a specific
fee to cover the City's costs of
reviewing plats of vacation under the
subdivision ordinance.
(d)
City will not bear the responsibility of
paying for surveys, plat preparation,
agreements, etc.
2. Time savings:
(a)
Current practice of routing all requests
(other than those made to the Office of
Community Planning) to vacate public
easements through the WRC requires a
processing time of two to four months to
legally vacate public easements.
(b)
Public easements may be vacated under the
provision of the subdivision ordinance
within 14 days.
(c)
Vacation of public easements, when
appropriate, under the City's subdivision
process will reduce staff time and
workload, in the Office of the City
Engineer, City Attorney, WRC and City
Council.
Committee decline to recommend to City Council that
action be taken to change the City's current practice and
procedures for the vacation of public easements.
1. Cost savings - City will continue to expend
unnecessary administrative costs in the process of
vacating certain public easements.
2. Time savinqs:
(a)
Time required by the City to legally vacate
public easements will in many cases remain
unchanged.
(b)
Development and construction process in
certain cases will continue to be delayed by
unnecessary procedural requirements.
Recommendation:
Committee recommends that City Council concur in the
Committee's recommendation as provided in Alternative "A" of
this report.
ERT:mpf
attachments
cc: City Attorney
Director of Public Works
Director of Utilities and Operations
City Engineer
Chief of Community Planning
Subdivision Agent
Assistant City Attorney (Talevi)
DATE:
TO:
FROM:
SUBJECT:
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
March 3, 1993
Ted Tucker, City Planner ~'??,,. %.~'"'
Steven J. Talevi, Assistant City Attorney ~/
Vacation of Easements Procedure
Ted, I received your memorandum dated February 24, 1993.
You have advised that a certain sanitary sewer easement was
dedicated for public use in a subdivision plat. You have further
advised that the owner of the property in which the easement lies
is interested in vacating the easement and dedicating a new
easement to accommodate the location of a sewer line located on the
property, but not entirely within the easement.
In the consideration of this matter, it is crucial to
understand that Section 15.1-478 of the Virginia Code is
inapplicable to water and sewer easements. There is no
authorization in that statute for transfer of water and sewer
easements to a municipality. That code section applies only to
"any easement indicated on [a] plat to create a public right of
passage over the same." The quoted language, in the context of the
statute, refers to easements of rights-of-way for surface ingress
and egress, rather than to easements for subsurface installation
and maintenance of public utility facilities. See Burns v.
Stafford County, 226 Va. 506, 516 (1984) (attached).
You should not become concerned, however, that you and the
City Engineer will suddenly have nothing to do with the vacation of
water and sewer easements. A water and sewer easement can be
dedicated to public use by a common law dedication. According to
the information you provided, such was the method used by the
subdivider in the case in question. In fact, based upon assertions
made by you in your memorandum, the common law dedication was
required of the subdivider. In any event, even a common law
dedication can be vacated under Section 15.1-480.1 of the Virginia
Code. That code section provides that "any interest in streets,
alleys, easements for public rights of passage, easements for
drainaqe, and easements for a public utility granted to the
governing body of a municipality may be vacated
according to either of the following methods:" (a) by a duly
executed and acknowledged written instrument of the owner of the
land which has been or is to be developed in accordance with a site
plan, declaring such interest or interests to be vacated, as long
as the governing body or authorized agent of the municipality in
which the land lies consents to the vacation; (b) by ordinance of
the governing body in the municipality in which the property which
is the subject of the approved site plan lies.
Memo to
Ted Tucker
March 3, 1993
As you can see, there are two, and only two, methods by which
a water and sewer easement may be vacated. The first method
involves working with you. The second method involves working with
~ ~d~othe_Water Resources Committee. Both methods re u'
~_ n oza written ins ~ ~
Co . ~-- _ ~trument in the Roa · · ·
urt Clerk s Office. · ......... ~~n~~uit
such written instruments have
been required by you whenever a subdivider seeks to vacate a water
or sewer easement.
Investigation of this matter has educated me on the process
involved in vacating sewer and water easements. I was surprised to
learn that if a subdivider first approached you, he would be
required to vacate a sewer or water easement in one manner. If
that same subdivider had approached Mr. Klser first, then he would
have been permitted to vacate the water or sewer easement in
another manner. It would appear that in the interest of
consistency and the avoidance of confusion, one department should
be in charge of vacating sewer and water easements.
I sincerely hope that this memorandum fully responds to your
questions. With this memorandum, I am returning the several plats
which you forwarded to me.
SJT:sm
Attachment (Plats)
cc:
Wllburn C. Dlbling, Jr., City Attorney
William F. Clark, Director of Public Works
K_~ B. Klser, Director of Utilities and Operations
Kathleen Marie Kronau, Assistant City Attorney
Gladys L. Yates, Assistant City Attorney
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
TO: Steven J. Talevi
FROM: /~dward R. Tucker,
DATE: February 24, 1993
Assistant City Attorney
City Planner
SUBJECT: Vacation of Easements Procedure
I am currently reviewing a request from a property owner to replat
a previously recorded subdivision (F. M. Varney - M.B. 1, page 873,
attached) in which a certain sanitary sewer easement was dedicated
for public use. The sewer line, however, was subsequently and
inadvertently installed outside of the easement boundaries. The
current owner, therefore, desires to vacate this useless easement
and proposes to dedicate a new easement to accommodate the actual
location of the sewer line.
The attorney (Plunkett and Logan) representing the property owner
has been advised by others that the vacation of this easement will
require a review and recommendation from the Water Resources
Committee, and a final approval of an ordinance by City Council.
This procedure generally requires from two to four months,more or
less, to complete.
The City's land development review process is all too often delayed
by cumbersome and time-consuming hurdles of this type that are, in
some instances, unnecessary and costly for the independent builder
and the development community at large. To require the above-cited
lengthy procedure for the vacation and rededication of simple
easements, when a far less complicated procedure is provided for
under the Land Subdivision and Development Act, Title 15.1, Chapter
11, Article 7, of the Code of Virginia (1950) as amended, is in my
opinion a typical example of too much official red tape. I
disagree with the opinion that the above procedure for vacation by
ordinance is required in this particular case. I am, therefore,
requesting a legal opinion from your office on the proper procedure
to follow in the vacation of this specific easement and the proper
procedure to follow in future situations involving the vacation of
easements where the following conditions apply:
The easement to be vacated was previously dedicated to
the city by the recordation of a subdivision plat,
approved by the Agent to the Planning Commission and the
City Engineer.
The owner(s) of all lots within the subdivision are in
agreement with the proposed vacation and are willing to
sign the instrument necessary to legally effect such
vacation.
The easement to be vacated was not acquired by the City
by condemnation or by purchase for valuable consideration
and is not evidenced by a separate instrument of record.
It has been a common practice in past years for the Agent and the
City Engineer to vacate and relocate easements when necessary, in
order to expedite the land development process (see attached
recorded plats). It has been assumed that the Agent to the
Planning Commission and the City Engineer were authorized to
approve such vacations under the following provisions of the City
Code (1979), and the Code of the Commonwealth of Virginia (1950),
as amended:
Section 31-5 Subdivisions
The planning commission or its duly authorized
at'va is delegated the responsibility in this
section to administer the City's subdivision ordinance
and is acknowledged herein as the a~ent of the city. The
section further provides that the agent shall perform his
duties in accordance with the subdivision ordinance and
the land subdivision development act in title 15.1,
chapter II, article ? of the Code of Virginia (1950), as
amended.
(1)
~ - The agent and the city engineer are
authorized to determine and approve the location of
all such easements in subdivisions.
(?)
~ - The subdivision ordinance provides
for the review and approval of vacation of
subdivision plats.
(3)
~ - The subdivision ordinance provides
a specific charge (fee) for the review of all
applicatioms to vacate subdivision plats or parts
thereof.
Section 15.1-478 - Code of the Commonwealth of Virainia.
(1950~. as
(].)
This section of the land development act provides
that where the authorized officialm of a ...city
within which land is located, approve in accordance
with the subdivision ordinance of such ...city a
plat or replat of land therein, then upon the
recording of such plat or replat in the clerk's
office wherein land records are maintained, all
rights-of-way, easements or other interest of the
...city in the land included on the plat or replat,
exceut as shown thereon shall be terminated and
ex~inguiehed, except that an interest acquired by
the ...city by condemnation, by purchase for
valuable consideration and evidenced by a separate
instrument of record or streets, alleys or
easements for public passage subject to the
provisions of 15.1-481 or 15.1-482 shall not be
affected thereby.
(2)
Section 15.1-480.1 provides that any interest in
streets, alleys, easements for public rights of
passage, easements for drainage and easements for a
~ granted to the governing body of a
municipality as a condition to the approval of a
site plan may be vacated according to either of two
methods.
(a)
By a duly executed and acknowledged written
instrument of the owner of the land which has
been or is to be developed in accordance with
the site plan, declaring such interest or
interests to be vacated, provided the
governing body or the authorized ~g~t of
the...municipality where the land lies
consents to the vacation.
(b) By ordinance of the governing body...
(3)
Section 15.1-481 provides that where no lot has
been sold the recorded plat or part thereof may be
vacated according to either of two methods:
(a)
With the consent of the governing body or its
~&%~, of the...municipality where
the land lies, by the owners, proprietors and
trustees, if any, who signed the statement
required by 15.1-477 at any time before the
sale of any lot therein, by a written
instrument declaring the same to be vacated.
(b) By ordinance of the governing body...
(4)
Section 15.1-482 provides that in cases where any
lot has been sold, the plat or part thereof may be
vacated according to either of two methods:
(a)
By instrument in writing agreeing to the
vacation signed by all the owners of lots
shown on the plats and also sianed 9n behalf
of the aovernina body of the ...municipality
in which the land shown on the plat or part
thereof to be vacated lies for the purpose of
showing the approval of such vacation by the
governing body.
(b) By ordinance of the governing body...
In reviewing the above provisions of the Code of the city of
Roanoke and the Code of the Commonwealth of Virginia, the following
conclusions appear to be evident:
The Agent to the Planning Commission and the City
Engineer are the authorized officials of the City of
Roanoke to act on all matters related to the
administration of the City's subdivision ordinance.
The Agent and the City Engineer are thereby authorized
under the provisions of the subdivision ordinance to
approve the vacation of subdivision plats or parts
thereof under certain defined circumstances.
Easements for water distribution, sanitary sewer and
drainage systems are required as a condition to the
approval of site plans submitted in conjunction with
subdivision plats and as such the State Code in 15.1-
480.1 provides that the governing body or the authorized
acent of the municipality may consent to the vacation of
any public interest in streets, alleys, easements for
public passage, easements for drainage and easements for
public utilities granted to the governing body as a
condition of the approval of a site plan.
e
Section 15.1-480.1, 481 and 482 each provide two separate
methods under which subdivision plats or portions
thereof, may be vacated:
the first method is clearly intended to provide for
the approval of the vacation of plats or portions
thereof, by authorized officials, other than by
ordinance of the governing body.
The second method is apparently intended to provide
for situations and conditions that cannot be met or
legally satisfied by the first method.
In the administration of the City's subdivision ordinance, the
Agent and the City Engineer are entrusted with the responsibility
of providing for and protecting the public's interest. In the
exactment of public improvements they are duly authorized to
require the dedication of public easements and to determine the
proper location of such easements· It is therefore difficult for
me to understand why the above-cited legal provisions are not
sufficient to provide ample authority under appropriate
circumstances, for the Agent and the City Engineer to approve by
replat, the relocation, realignment and correction of inappropriate
easements through the simple process of vacation and rededication.
The property owner in this case is very anxious to begin
construction on the lots. I would therefore appreciate a response
from you on this matter as soon as possible.
ERT:mpf
attachments
cc: Wilburn C. Dibling, Jr., City Attorney
William F. Clark, Director of Public Works
Kit B. Kiser, Director of Utilities and Operations
John R. Marlles, Chief of Community Planning
Kathleen M. Kronau, Assistant City Attorney
Gladys L. Yates, Assistant City Attorney
MARY V PARKER
Cit, : K, CMC/AAE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
21:5 Church Avenue, S.W., Room 4:56
Roanoke, Virghlia 24011
Telephone: (703) 981-2~41
SANDRA H. EAKIN
Deputy City Clerk
May 10, 1993
File #5-24-70-20
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 31428-050393 amending and reordaining
subsection (b) of Section 20-89, Penalties for unlawful laarking, of the Code of the
City of Roanoke (1979 ), as amended, by increasing the penalty for fire lane parking
violations, from $10.00 to $50.00, effective July 1, 1993. Ordinance No. 31428-
050393 was adopted by the Council of the City of Roanoke at a regular meeting held
on Monday, May 3, 1993.
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Enc.
pc:
The Honorable G. O. Clemens, Chief Judge, Circuit Court, P. O. Box 1016,
Salem, Virginia 24153
The Honorable Kenneth E. Trabue, Judge, Circuit Court, 305 East Main
Street, Salem, Virginia 24153
The Honorable Roy B. Willatt, Judge, Circuit Court
The Honorable Clifford R. Weckstein, Judge, Circuit Court
The Honorable Diane M. Strickland, Judge, Circuit Court
The Honorable Joseph M. Clarke, II, Chief Judge, Juvenile and Domestic
Relations District Court
The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations
District Court
Mr. W. Robert Herbert
May 10, 1993
Page 2
pc:
The Honorable Fred L. Hoback, Jr., Judge, Juvenile and Domestic Relations
District Court
The Honorable Edward S. Kidd, Jr., Chief Judge, General District Court
The Honorable Julian H. Raney, Jr., Judge, General District Court
The Honorable Richard C. Pattisal, Judge, General District Court
The Honorable Donald S. Caldwell, Commonwealth's Attorney
The Honorable Arthur B. Crush, III, Clerk, Circuit Court
The Honorable Gordon E. Peters, City Treasurer
Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court
Mr. Ronald Albright, Clerk, General District Court
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. James D. Grisso, Acting Director of Finance
Ms. Deborah J. Moses, Chief of Biliings and Collections
Mr. George C. Snead, Jr., Director, Public Safety
Mr. M. David Hooper, Police Chief
Mr. Rawleigh W. Quarles, Fire Chief
Mr. Bobby D. Casey, Office of the Magistrate
Ms. Clayne M. Calhoun, Law Librarian
Mr. Barry L. Key, Manager, Office of Management and Budget
Ms. Dolores C. Daniels, Assistant to the City Manager for Community
Relations
Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia
Building, Roanoke, Virginia 24011
Mr. Robert L. Laslie, Vice President- Supplements, Municipal Code
Corporation, P. O. Box 2235, Tallahassee, Florida 32304
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 3rd day of May, 1993.
No. 31428-050393.
VIRGINIA,
AN ORDINANCE amending and reordaining subsection (b) of S20-
89, Penalties for unlawful parkinq, of the Code of the City of
Roanoke (1979), as amended, by increasing the penalty for fire lane
parking violations; and providing for an effective date.
BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. Subsection (b) of S20-89, Penalties for unlawful parkinq,
of the Code of the City of Roanoke (1979), as amended, is amended
and reordained to read and provide as follows:
~20-89. Penalties for unlawful parkinq.
(b) Every person receiving written notice from a police
officer that he has violated any of the sections of the
preceding two (2) divisions of this chapter may waive his
right to appear and be formally tried for the violation
set forth in the notice upon the voluntary payment, as
penalty and in full satisfaction of such violation, of
the penalty set forth below. Such penalty shall be paid
to the city treasurer during the regular working hours of
his office or through any other method established by
city council for the routine payment of such penalties.
For purposes of this subsection, penalties shall be
deemed to have been "paid" when full payment therefor has
been received by the city treasurer, regardless of
whether such penalty is paid in person or is mailed. The
city treasurer shall not be authorized to accept partial
payment of penalties due. Penalties for parking
violations shall be as follows:
(2) A penalty of ten dollars ($10.00) may be paid for a
violation of section 20-65(4), and a penalty of
fifty dollars ($50.00) may be paid for a violation
of section 20-74, if paid within ten (10) days of
the issuance by an officer of a notice of a
violation thereof; if paid thereafter, the penalty
for a violation of section 20-65(4) shall be twenty
dollars ($20.00), and the penalty for a violation
of section 20-74 shall be sixty dollars ($60.00).
If not paid within ten (10) days, a notice pursuant
to section 46.2-941, Code of Virginia, shall be
sent by the city's office of billings and
collections to the violator. Any violator to whom
such notice is sent may pay the penalty of twenty
dollars ($20.00) for the violation of section 20-
65(4) or the penalty of sixty dollars ($60.00) for
the violation of section 20-74, as the case may be,
within five (5) days of receipt of such notice.
This ordinance shall become effective July 1, 1993.
ATTEST:
City Clerk.
CIT'~ ..........
Roanoke, Virginia
.p~ ~. ~ April 26, 1993
Honorable David A. Bowers
and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
Subject: Fire Lane Penalty
CURRENT SITUATION:
APril 19. 1993 City Council approved a report increasing
the fire lane penalty from $10.00 to $50.00 effective
July 1, 1993 and passed on first reading the appropriate
ordinance.
B. $10.00 late payment penalty was not included in the
ordinance.
Ail other parkinq violators have a late payment penalty
after 10 days.
II. RECOMMENDATION:
City Council concur with the inclusion of a $10.00 late
payment penalty on the $50.00 penalty for fire lane violation.
The inclusion of a late payment penalty will encourage timely
payment of the fire lane penalty and provide a uniform late
payment penalty on all parking violations. The City Attorney
has amended the ordinance to include this recommendation, and
it is recommended that the amended ordinance be adopted on
first reading with second reading to occur on May 3, 1993.
The ordinance previously adopted on first reading should be
defeated so as to avoid any question as to its status.
f~ully submitted,
W. Robert Herbert
City Manager
co:
George C. Snead, Director of Public Safety
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Acting Director of Finance
Barry L. Key, Manager, Management and Budget
Deborah J. Moses, Chief, Billings and Collections