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Council Actions 01-18-94
MCCADDEN 31836 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL January 18, 1994 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Councn Members Bowles and Harvey were absent. The Invocation was delivered by The Reverend Michael L. Brummitt, Pastor, Glad Tidings Assembly of God. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. A Resolution commending and congratulating the Virginia Tech football team and Coach Frank Beamer for an outstanding season, culminating in the team's 45-20 victory over the University of Indiana in the Independence Bowl. Deferred until a later date. CONSENT AGENDA (APPROVED 5--0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MAYOR AND MEMBERS OF CITY COUNCIL AND WILl. BE ENACTED BY ONE MOTION IN THE FORM, OR FORMS, LISTI~D BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATEI.Y. C-1 A communication from Mayor David A. Bowers transmitting correspondence from Peter R. Lampman, Executive Director, Virginia Amateur Sports, Inc., requesting the City's continued support of the Commonwealth Games of Virginia. RECOMMENDED ACTION: Refer to the City Manager and 1994-95 Budget Study. C-2 A communication from Mayor David A. Bowers transmitting correspondence from Kimberly T. Outlaw suggesting that the City institute a license plate program with the Virginia Department of Motor Vehicles similar to that used by colleges and civic associations throughout Virginia. RECOMMENDED ACTION: Refer to the City Manager for possible follow up with the Virginia Department of Motor Vehicles. REGULAR AGENDA 3. HF~ARING OF CITIZI~.NS UPON PUBLIC MATTERS: ao Presentation in recognition of the City's dedication, leadership and assistance in developing the new waste disposal facilities. John R. Hubbard, P.E., Chief Executive Officer, Roanoke Valley Resource Authority. Deferred until a later date. 4. PETITIONS AND COMMUNICATIONS: None. 2 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: A report recommending formal ratification of contracts for emergency repairs performed at the Sewage Treatment Plant; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 31836-011894 and Resolution No. 31837-011894. (5-0) A report recommending execution of Amendment No. 2 to the City's contract with Dewberry & Davis, in the amount of $91,327.50, for additional design and plan preparation work related to the Carvins Cove Expansion, Phase II project; and transfer of funds in connection therewith. Adopted Budget Ordinance No. 31838-011894 and Resolution No. 31839-011894. (5-0) A report recommending an amendment to the fiscal year 1993-94 Community Development Block Grant Final Statement of Objectives and Projected Use of Funds, and execution of an agreement with the Southwest Virginia Community Development Fund for administration of the Western Virginia Revolving Loan Fund for the City of Roanoke. Adopted Resolution No. 31840-011894. (5-0) 3 A report recommending that Council reaffirm its support of the alignment for 1-73 through Virginia that would generally follow Route 460 from the West Virginia line to Roanoke and Route 220 South from Roanoke to the North Carolina line. Concurred in the recommendation. A report recommending acceptance of the bids submitted by Magic City Motor Corporation, in the amount of $119,627.70, and Richmond Machinery & Equipment Co., Inc., in the amount of $43,550.00, for providing refuse trucks and bodies for use in the Solid Waste Management Department. Adopted Resolution No. 31841-011894. (4-0, Mayor Bowers abstained from voting.) 6. REPORTS OF COMMITTEES: A report of the committee appointed to tabulate bids received for proper removal and disposal of asbestos containing mater/als from residences at 110 and 111 Wells Avenue, N. W., recommending award of a contract to HICO, Inc., in the amount of $7,664.00. Council Member William White, Sr., Chairperson. Adopted Ordinance No. 31842-011894 and Resolution No. 31843- 011894. (5-0) 7. UNFINISHF. D BUSINESS: None. 4 8. OF INTRODUCTION AND CONSIDERATION ORDINANCES AND RESOLUTIONS: Ordinance No. 31825, on second reading, rezoning three tracts of land located at 143, 133 and 129 Norfolk Avenue, S. W., identified as Official Tax Nos. 1010301, 1010302 and 1010303, from LM, Light Manufacturing District, to C-3, Central Business District. Adopted Ordinance No. 31825-011894. (5-0) Ordinance No. 31826, on second reading, rezoning a tract of land located at 1910 McVitty Road, S. W., identified as Official Tax No. 5100809, from RS-i, Residential Single-Family, Low Density District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioner. Adopted Ordinance No. 31826-011894. (5-0) Ordinance No. 31832, on second reading, authorizing the lease of certain City-owned property to Robert W. Hylton, upon certain temxs and conditions. Adopted Ordinance No. 31832-011894. (5-0) 9. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor and Members of City Council. Council Member White requested that Council be provided with a briefing with regard to snow removal costs incurred by the City to date. Vacancies on various authorities, boards, commissions and committees appointed by Council. 5 10. OTI-IF.R HEARINGS OF CITIZF. NS: CERTIFICATION OF EXEC~ SESSION. 6 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 T~R~i anoke, Virlinia 24011 ephone: (703) 981-2541 Deputy City Clerk January 21, 1994 File #60-67-317-334-336 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of a communication from Peter R. Lampman, Executive Director, Virginia Amateur Sports, Inc., requesting the City's continued support of the Commonwealth Games of Virginia, which communication was before the Council of the City of Roanoke at a regular meeting held on Tuesday, January 18, 1994. On motion, duly seconded and adopted, the communication was referred to the City Manager and to 1994-95 Budget Study. Sincerely, CMC AAE City Clerk MFP: sm Eric. Peter R. Lampman, Executive Director, Virginia Amateur Sports, Inc., 305 First Street, S. W., Suite 412, Roanoke, Virginia 24011 Wilburn C. Dibling, Jr., City Attorney James D. Orisso, Director of Finance Diane S. Akers, Budget Administrator, Office of Management and Budget 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 January 12, 1994 The Honorable Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: Please find enclosed correspondence dated January 5, 1994, from Virginia Amateur Sports, Inc., the agency which organizes the Commonwealth Games of Virginia. In 1993, the Games brought 6,700 athletes to our City, and more than 7,500 are expected to attend and participate in the events this coming spring. Of course, along with the athletes, come thousands of family, friends, and supporters. This is, indeed, becoming a big part of our tourism initiative here in Roanoke. I would respectfully request that this correspondence along with the letter from Virginia Amateur Sports, Inc., be included in the Consent Agenda for our next regular meeting of Roanoke City Council on January 18, 1994, and thereafter be referred to the City Manager and to Budget Study. DAB: jas Sincerely, David A. Bowers Mayor Enclosures VIRGINIA AMATEUR SPORTS, INC. PRESENTING SPONSORS Mobil NationsSank GOLD MEDAL SPONSORS Domino's Pizza Contel Cellular Holiday Inn Tanglewood Roanoke Times & WoHd News K92 SILVER MEDAL SPONSORS Kroger Blue Cross & Blue Shield Pau~ E. Williams. Inc. CMT Sporting Goods BRONZE MEDAL SPONSORS Gentry, Locke, Rakes & Moore Roanoke Fruit & Produce Company Maid Sess Corporation Advance Auto Parts Stop In Food Stores SPONSOR OF 305 First Street, S.W., Suite 412 Roanoke, Virginia 24011 (703) 343-0987 FAX (703) 343-7407 January 5, 1994 The Honorable David A. Bowers, City of Roanoke Room 452, Municipal Building Roanoke, Virginia 24011 Mayor Dear David, Virginia Amateur Sports, Inc.(VAS) would like to take the opportunity to thank you and the City of Roanoke for its continued support of VAS and the Commonwealth Games of Virginia. With your support we have been able to provide a guality sporting event in Roanoke for Virginians of all ages and ability levels. The success of the Games has been tremendous. From the 4,465 athletes who participated in the 29 sports in 1990 to the 6,700 athletes who participated in 38 sports in 1993, our dreams of holding an olympic style festival have become a reality. The City of Roanoke's donation of $30,000.00 will enhance our ability to continue our Tradition of Excellence and provide a larger and more exciting, filled competition for the 7,500 to 8,000 athletes expected to participate in this year's event. fun On behalf of the Board of Directors, staff, volunteers, and the thousands of.athletes, please accept my sincere thanks for your support. Sincerely, Virginia Amateur Sports, Inc. Peter R. Lampman Executive Director Sanctioned by the United States Congress of State Games and recognized by the United States Oiymptc Comm~tiee ~ Recycled Paper VIRGINIA AMATEUR SPORTS, INC. 305 First Street, S.W., Suite 412 Roanoke, Virginia 24011 (703) 343-0987 FAX (703) 343-7407 PRESENTfNG SPONSORS Mobil Nat~onsBank GOLD MEDAL SPONSORS Domino's Pizza SPONSOR OF No. 940004 CONTRIBUTION ACKNOWLEDGEMENT TO: THE HON(OLE DAVID A. BOWERS, M&YOR CITY OF ROANOKE R~OM 452, MUNICIPAL BUILDING ROANO<E, VIRGINIA 24011 Your contribution of $15,000.00 was received by Virginia Amateur Sports, Inc., a 501 (c) (3) corporation, on. JANUARY 5, 19 94 Vi~r'~l'nia Amateur Spot, Inc. ~ Recycled Pa~oer MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Po)om 4.56 Roanoke, Virginia 24011 Telephone: (703) ~ 1-2541 Deputy City Clerk January 21, 1994 File #20-175=184 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of a communication from Kimberly T. Outlaw suggesting that the City institute a Hcense plate program with the Virginia Department of Motor Vehicles similar to that used by colleges and civic associations throughout Virginia, which communication was before the Council of the City of Roanoke at a regular meeting held on Tuesday, January 18, 1994. On motion, duly seconded and adopted, the communication was referred to you for investigation with the Virginia Department of Motor Vehicles. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Kimberly T. Outlaw, 3505 Normandy Lane, S. W., Apartment 24, Roanoke, Virginia 24018 Glenn D. Radcliffe, Director, Human Development Kenneth S. Cronin, Personnel Manager 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 January 12, 1994 The Honorable Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: Please find enclosed correspondence dated January 5, 1994, from Kimberly T. Outlaw, which was received through our Roanoke City Employee Suggestion Program. Ms. Outlaw suggests that the City of Roanoke institute a license plate program with the Virginia Department of Motor Vehicles (DMV) similar to that used by colleges and civic associations throughout Virginia. The tag could either bear the seal of the City of Roanoke, or perhaps another logo incorporating our star, and could recite that Roanoke is the "Star City of the South." It is a terrific suggestion, and I would like to request that this letter be placed on the Consent Agenda for our next meeting of Council on January 18, 1994, and thereafter referred to the City Manager for any possible follow up with the Virginia Department of Motor Vehicles. Sincerely, David A. Bowers Mayor DAB :jas Enclosures January 5, 1994 Mr. James P. Beatty Personnel Department 215 Church Avenue, SW Roanoke, VA 24011 RE: Employee Suggestion Program Mr. Beatty: During the holidays, as I was driving down the highways, I was able to identify several fellow Virginia Tech graduates by their TAGS! I encountered others also, there were those who belonged to several associations, some were realtors, and lawyers. If these organizations can have license plates, why not Roanoke City! I am sure we could use the revenue drawn from this idea. The tags should have the city seal centered on the tag. For those who are heads of departments or City Council members, their tags would have lettering which identify them as such. Other employee tags would consist of the city seal only. Examples of these are attached. If there are others interested in my suggestion, at 981 -~2-~. /? Kimberly T. Outlaw Social Worker please contact me Bow H~YOR ERS JUL VIRGINIA OUT LAW MARY F. PARKF~ City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 21~ Church Avenue, S.W., Room 4:56 Roanoke, Virginia 24011 Telephone: (70S) 9~1-2~41 SANDRA H. EAKIN Deputy City Clerk January 21, 1994 File #27-65-330 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31837-011894 ratifying contracts for emergency repairs to a 48-inch concrete and steel welded pipe at the Sewage Treatment Plant, said contracts having been awarded to Insituform East, Inc., in the amount of $72,000.00, and to Structures and Utilities Co., Inc., in the amount of $32,000.00. Resolution No. 31837-011894 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 18, 1994. Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations Steven L. Walker, Manager, Water Pollution Control Plant Jesse H. Perdue, Jr., Manager, Utility Line Services Charles M. Huffine, City Engineer Sarah E. Fitton, Construction Cost Technician Diane S. Akers, Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, The 18th day of January, 1994. No. 31837-011894. VIRGINIA, A RESOLUTION ratifying the contracts for emergency repairs to a 48-inch concrete and steel welded pipe at the Sewage Treatment Plant. WHEREAS, Section 41 of the City Charter authorizes the City Manager to make emergency repairs without the necessity for advertising and receiving bids, and said section further requires the City Manager to report the facts and circumstances relating to such purchases to the Council at its next regular meeting; WHEREAS, by report of January 18, 1994, the City Manger has advised of an emergency repair of a 48-inch concrete and steel welded pipe at the Sewage Treatment Plant. 1. On December 1, 1993, a contract was awarded to Insituform East, Inc. in the amount of $72,000.00 to repair the damaged pipe section. 2. On December 14, 1993, a contract was awarded to Structures & Utilities Company, Inc. in the amount of $32,000.00 to cut the section of concrete pipe and the section of steel welded pipe, provide fittings to allow temporary operations, and to replace the cut section after Insituform East provided the lining repair to the damaged section of pipe. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the contracts for emergency repairs to a 48-inch concrete and steel welded pipe, are hereby RATIFIED; and the Director of Finance is hereby authorized and directed to make requisite payment to said contractors. ATTEST: City Clerk. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk January 21, 1994 File #60-27-65-330 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31836-011894 amending and reordaining certain sections of the 1993-94 Sewage Fund Appropriations, providing for the transfer of $104,000.00 from Sewage Fund Previous Years'Retained Earnings to Maintenance of Equipment, in connection with ratification of contracts for emergency repairs to a 48-inch concrete and steel welded pipe at the Sewage Treatment Plant. Ordinance No. 31836-011894 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 18, 1994. Sincerely, ~~_ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: W. Robert Herbert, City Manager Kit B. Kiser, Director, Utilities and Operations Steven L. Walker, Manager, Water Pollution Control Plant Jesse H. Perdue, Jr., Manager, Utility Line Services Charles M. Huffine, City Engineer Sarah E. Fitton, Construction Cost Technician Diane S. Akers, Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANO~E~ VIRG~NI& The ISth day of January, 1994. No. 31836-011894. AN ORDINANCE to amend and reordain certain sections of the 1993-94 Sewage Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to Government of the exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 Sewage Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A fiat o Sewage Maintenance Other Charges (1) ................................. $ 882,091 522,047 Retained Earninas Retained Earnings - Unrestricted (2) .............. 15,603,088 1) Appropriated from General Revenue 2) Retained Earnings - Unrestricted (003-056-3155-3055) (003-3336) $ 104,000 (104,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. January 18, 1994 Roanoke, Virginia Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Formal Ratification of Contracts to Make Emergency Repairs at the Sewage Treatment Plant On November 22, 1993, the Director of Utilities & Operations presented a briefing on the need to engage a lining contractor and a pipe fitting contractor on an emergency basis to make emergency repairs to a 48-inch concrete and steel welded pipe at the Sewage Treatment Plant. Section 41 of the City Charter requires a formal report of facts to City Council after a contract is awarded on an emergency basis. This is to advise that on December 1, 1993 a contract was awarded to Insituform East, Inc. in the amount of $72,000.00 to repair the damaged pipe section. Also, on December 14, 1993 a contract was awarded to Structures & Utilities Company, Inc. in the amount of $32,000.00 to cut the section of concrete pipe and the section of steel welded pipe, provide fittings to allow temporary operations, and to replace the cut sections after Insituform East provided the lining repair to the damaged section of pipe. Work was performed during the week of January 3, 1994. Council is requested to: Ratify the award of the above contracts pursuant to Section 41 of the City Charter. Appropriate $104,000.00 from Sewage Fund Previous Years' Retained Earnings to Account No. 003-056-3155-2048, Maintenance of Equipment. Honorable Mayor and City Council January 18, 1994 Page 2 This is to also request time on Council's agenda to describe, with the use of a video, the repair process. Respectfully submitted, .~R~b~r t~ City Manager WRH:KBK:afm CC: City Attorney Director of Finance Director of Utilities ULS Manager STP Manager City Engineer Budget Administrator & Operations 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 January 21, 1994 File #405=468-514 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31839=011894 authorizing execution of Amendment No. 2 to the City's agreement with Dewberry and Davis in order to provide additional engineering services in connection with design of the Carvins Cove Expansion, Phase II, Waterline Construction, in the amount of $91,327.50, for a total contract amount of $1,186,143.50. Resolution No. 31839-011894 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 18, 1994. Sincerely, ~, ~,~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Steven E. Hively, Project Manager, Dewberry & Davis, 5238 Valley Point Parkway, Suite 1-B, Roanoke, Virginia 24019 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director, Public Works Charles M. Huffine, City Engineer John A. Peters, Project Manager Sarah E. Fitton, Construction Cost Technician Kit B. Kiser, Director, Utilities and Operations M. Craig Sluss, Manager, Water Department Diane S. Akers, Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of 3anuary. 1994. No. 31839-011894. A RESOLUTION authorizing the execution of Amendment No. 2 to the City's agreement with Dewberry & Davis, for additional engineering services to be performed in connection with the design of Carvins Cove Expansion, Phase II, Waterline Construction. BE follows: 1. IT RESOLVED by the Council of the City of Roanoke as The City Manager or the Assistant City Manager is hereby authorized to execute, on behalf of the City, upon form approved by the City Attorney, Amendment No. 2 to the City's Agreement with Dewberry & Davis, dated September 9, 1992, in order to provide additional engineering services in connection with the design of the Carvins Cove Expansion, Phase II, Waterline Construction. 2. Such agreement shall provide for the services set forth in the City Manager's report to Council dated January 18, 1994, and the cost of those additional services shall be in the amount of $91,327.50, with the total to be in the amount of $1,186,143.50. ATTEST: City Clerk. MARY F. PA~k~ City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V'u~inia 24011 Telephone: (70~) 981-2541 SANDRA H. EAKIN Deputy City Clerk January 21, 1994 File #60=405=468-514 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31838-011894 amending and reordaining certain sections of the 1993-94 Water Fund Appropriations, providing for the transfer of $91,328.00 from Capital Outlay - Water Plant Expansion Bonds 1992, to Capital Outlay- Carvins Cove Filter Plant Improvements, Phase II, in connection with execution of Amendment No. 2 to the City's agreement with Dewberry and Davis for additional engineering services to be performed in connection with design of Carvins Cove Expansion, Phase II, Waterline Construction. Ordinance No. 31838-011894 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 18, 1994. Sincerely, ~.~.~. Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: W. Robert Herbert, City Manager William F. Clark, Director, Public Works Charles M. Huffine, City Engineer John A. Peters, Project Manager Sarah E. Fitton, Construction Cost Technician Kit B. Kiser, Director, Utilities and Operations M. Craig Sluss, Manager, Water Department Diane S. Akers, Budget Administrator, Office of Management and Budget Government of the exist. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRQINIA The 18th day of January, i994. No. 31838-011894. AN ORDINANCE to amend and reordain certain sections of the 1993-94 Water Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Capital Outlay Carvins Cove Filter Plant Impr. Ph II (1) ......... Water Plant EXpansion Bonds 1992 (2) .............. 1) Appropriated from Bond Funds (002-056-8368-9001) $ 91,328 2) Appropriated from Bond Funds (002-056-8366-9189) ( 91,328) $ 30,030,679 13,793,389 1,746,708 BE IT FURTHER ORDAINED ~hat, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia January 18, 1994 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: Amendment No. 2 Carvins Cove Expansion, Phase Waterline Construction A & E Contract II I. Background: Feasibility ReDort for Carvins Cove Filter Plant project waterline construction recommended a route for 13 miles and served as the basis for the final design Request For Proposal. Dewberry & Davis was awarded the design contract for the gravity distribution system on September 9, 1991, for $1~072~816.00. Amendment No. 1 was approved on April 6, 1992, in the amount of ~22,000.00 to add the design of the Mt. Pleasant water system upgrade. Various alignment problem~ were encountered during the final design that necessitated major design or plan modifications. These included the following: 1. Plantation Road/Hollins Road Reroutn: Due to the severe vertical alignment on Plantation Road, poor sight distance at Liberty Road and Plantation Road, and difficulty going from Plantation Road to Hollins Road along Liberty Road, the proposed 24" line was moved to Hollins Road. This alignment change required additional mapping, new design survey, and five (5) additional plan sheets. McDaniel/Hiqqs Reroute and Friendship Mano~ Reroute: VDOT mandated that the proposed 36" line could not be located in Florist Road (County), necessitating a relocation onto private property. This change required additional surveying and eight (8) additional plan sheets. Honorable Mayor and Members of City Council Amendment No. 2 Carvins Cove Expansion, Phase II Waterline Construction A & E Contract January 18, 1994 Page 2 3. Additional connection at Williamson Road was requested by City staff to improve the overall system. This additional work required mapping, surveys, and three (3) additional plan sheets. 4. Unexpected chanqes were required at the Hollins pump station, resulting in additional surveys and one (1) additional plan sheet. 5. Hollins Colleq~ requested a realignment that required substantial changes to two (2) plan sheets. 6. The Virqinia Department of Transportation (VDOT) required several changes along Williamson Road that required some changes to five (5) plan sheets. 7. The Mt. Pleasant water tan]: required some additional geotechnical work to finalize the tank location. Dewberry & Davis informed City staff that this additional work would undoubtedly require additional expenditures, but they hoped to stay within the original contract amount, and would notify the City of a funding shortfall. II. Current Situation: Additional work outlined in I.D.1 through I.D.7 cost ~86~327.50 (8.0% of original contract). Contract A has been separated into two (2) contracts in order to make up for time lost because of easement acquisition problems and provide more opportunity for competitive bidding by local contractors. The additional work required in producing separate bid documents (bid quantities, plans, and specifications) will cost approximately ~5~000.00. Honorable Mayor and Members of City Council Amendment No. 2 Carvins Cove Expansion, Phase II Waterline Construction A & E Contract January 18, 1994 Page 3 III. Issues: A. Engineering concerns B. Funding IV. Alternatives: Approve the issuance of Amendment No. 2 to the contract with Dewberry & Davis in the amount of ~91,327.50 for additional design and plan preparation work related to the Carvins Cove Expansion, Phase II contracts and transfer ~91,327.50 from the Water Plant Expansion Bonds 92 account number 002-056-8366-9189 to account number 002-056-8364-9055, Carvins Cove Improvements, Phase II. Engineering concerns relative to the timely, cost- effective completion of a functional water system will be met. 2. Funding is available in the Water Plant Expansion Bonds 92 account. Reject the issuance of Amendment No. 1. Engineering concerns have been met since the necessary design and plan preparation was completed by Dewberry & Davis prior to notifying the City of funding shortfall (see I.E.) Funding remains available in the Water Plant Expansion Bonds 92 account. Recommendation: Authorize the City Manager to execute Amendment No. 2 to the contract with Dewberry & Davis in the amount of ~91~327.50. Honorable Mayor and Members of City Council Amendment No. 2 Carvins Cove Expansion, Phase II Waterline Construction A & E Contract January 18, 1994 Page 4 Transfer $91,327.50 from the Water Plant Expansion Bonds 92 account number 002-056-8366-9189 to Carvins Cove Improvements, Phase II account number 002-056-8364- 9055. Respectfully submitted, W. Robert Herbert City Manager WRH/JAP/kh cc.. City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Manager, Management and Budget MARY F. PA~R City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V'~'ginia 240! ! Telephone: (703) 9~1-2541 Deputy City Clerk January 21, 1994 File #178-233-236 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31840-011894 authorizing execution of an amendment to the 1993-1994 Final Statement of Community Development Objectives and Projected Use of Community Development Block Grant Funds and authorizing execution of an agreement between the City of Roanoke and the Southwest Virginia Community Development Fund providing for the administration and grant of CDBG funds, as more particularly set forth in a report of the City Manager under date of January 18, 1994. Resolution No. 31840-011894 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 18, 1994. Sincerely, Mary City Clerk CMC / AAE MFP: sm Eno. pc: Stanley R. Hale, President, Southwest Virginia Community Development Fund, 401 First Street, N. W., Roanoke, Virginia 24016 Neva H. Smith, Executive Director, City of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director, Public Works John R. Marlles, Chief, Community Planning Phillip F. Sparks, Acting Chief, Economic Development Glenn D. Radcliffe, Director, Human Development Charles A. Harlow, Acting Grants Monitoring Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, The 18th day of January, 1994. No. 31840-011894. VIRGINIA A RESOLUTION authorizing execution of an amendment to the 1993-1994 Final Statement of Community Development Objectives and Projected Use of Community Development Block Grant Funds and authorizing execution of an agreement between the City of Roanoke and the Southwest Virginia Community Development Fund providing for the administration and grant of CDBG funds. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager is authorized to amend the City's Final Statement of Community Development Objectives and Projected Use of Community Development Block Grant ("CDBG") Funds, as required by the U. S. Department of Housing and Urban Development, to reflect a change in the financial administration and grant of CDBG funds for the Western Virginia Revolving Loan Fund ("WVRLF"). 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, an agreement between the City and Southwest Virginia Community Development Fund (SVCDF) for the administration and grant of CDBG Funds for the WVRLF, such agreement to be in substantially the form set forth in the City Manager's Report to this Council dated January 18, 1994 and approved as to form by the City Attorney. ATTEST: City Clerk. Roanoke, Virginia January 18, 1994 ,JA ! 12 P3:5( Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Contract for Services with Southwest Virginia Community Development Fund (SVCDF) I. Back~round: The Western Virginia Revolvin~ Loan Fund program (WVRLF) is operated by the Southwest Virginia Community Development Fund (SVCDF). The ~oal of the program is to provide a pool of capital to help eliminate the existing financial gap for small and minority owned businesses and to create and retain local jobs. City Council authorized the fifth year of fundin~ for the WVRLF as part of the Community Development Block Grant (CDBG) application; approved by Council on May 10, 1993 by Resolution No. 31445-051093. City Council appropriated CDBG funds on June 28, 1993 by Ordinance No. 31534-062893, including $50,000 in funding for the Western Virginia Revolving Loan Fund. Also, there is $35,751 available for this program in CDBG carryover funds for a total funding availability of $85,751. Robert Jennin~s, Financial Analyst with th~ U.S. Department of Housin~ and Urban Development (HUD), provided technical assistance to the Office of Grants Compliance concerning the tracking of CDBG program income in the WVRLF program during MUD's monitoring visit June 14-16, 1993 and during the development of the SVCDF agreement. II. Current Situation: A. An amendment to the City's Final Statement of Community Development Objectives and Projected Use of Community Development Block Grant Funds is required by HUD to reflect a change in the financial administration procedures concerning the use of CDBG funds for the WVRLF. (Attachment 1) Page 2 III. IV. Citizens have been notified of and have had the opportunity to comment on the proposed changes in the administration of the WVRLF. An administrative agreement between the City and SVCDF is necessary for the funds to be disbursed for business loans. (Attachment 2) Issues: A. Cost to the City B. Funding C. Administrative capacity D. Timing E. Compliance with applicable regulations Alternatives: Authorize the City Manager to amend the FY 1993-1994 CDBG Final Statement of Objectives and Projected Use of Funds, to change the description of the Western Virginia Revolving Loan Fund and authorize the City Manager to execute the attached CDBG agreement with the SVCDF for the administration of the Western Virginia Revolving Loan Fund for the City of Roanoke. Cost to the City will be $50,000 in FY 1993-1994 CDBG funds and $35,751 in CDBG Carry-over funds for a total of $85,751. Fundinq is available in CDBG account numbers 035-093-9330-5174 and 035-092-9230- 5174 and 035-091-9130-5174. Administrative capacity of the SVCDF has been shown by the many successful loan programs they have administered in the past and in the federal Economic Development Administration's (EDA) confidence in SVCDF as they continue to grant SVCDF funds for the WVRLF. Timing is important since SVCDF has received several inquires about the loan program and would like to loan these funds to businesses to create jobs. Compliance with applicable regulations is assured through contract review and project monitoring by the City's Office of Grants Compliance. Page 3 Legal issues have been addressed through consultation with representatives of the Richmond HUD Office and by contract review by the City Attorney's Office. Do not authorize the City Manager to amend the FY 1993-1994 CDBG Final Statement of Objectives and Projected Use of Funds, and to execute the attached CDBG a~reement with the SVCDF for the administration of the Western Virginia Revolving Loan Fund. 1. Cost to the City would be nothing, except in lost job opportunities. 2. Funding would not be an issue. 3. Administrative capacity would not be an issue. 4. Timin~ would not be an issue. 5. Compliance with applicable regulations would not be an issue. 6. Legal concerns would not be an issue. Recommendation: It is recommended that City Council concur in Alternative "A" and authorize the City Manager amend the FY 1993-1994 CDBG Final Statement of to Objectives and Projected Use of Funds to amend the description of the Western Virginia Revolving Loan Fund and authorize the City Manager to execute the attached CDBG a~reement with the SVCDF for the administration of the Western Virginia Revolving Loan Fund for the City of Roanoke. Respectfully submitted, W. Robert Herbert City Manager WRH/LSS Attachments cc: Assistant City Manager City Attorney Director of Finance Acting Chief of Economic Development Acting Grants Monitoring Administrator President, Southwest Virginia Community Development Fund ATTACHMENT 1 ~ PROJECT CATEGORY: ACTIVITY NAME: 18 D~ ~ ~ I%) l~-l~O~r~S W~tern Virginia ~mvolvin$ Loan Fund (W%qlLF) TOTAL PROJECTED REVENUE BY SOURCE ESTIMATED EXPENDITURE CDBG FUNDS TOTAL 1993-9~ PRIVATE STATE OTHER REVENUE FY 92-93 PROG INCOM~iTRANSFER CARRY-OVER $635,751 $50,000 $35,751 $400,000 $150,000 $635,751 I IMPLEMENTING AGENCY: Southwest Virginia Community Development Fund. DESCRIPTION: For the fifth consecutive year, the Southwest Virginia Community Development Fund (SVCDF) will administer this loan fund using $50,000 in CDBG funds to match grant funds already allocated to SVCDF by the Economic Development Proposed Change #1: Administration (EDA). These funds will be used to implement Increase # of jobs the Western Virginia Revolving Loan Fund (WVRLF) in Roanoke created or retained City. The purpose of the program is the creation and from 25 of which 15 retention of local jobs by assisting in the financing of will be low .., to small businesses at below market interest rates. These 68 jobs of which 36 funds will create or retain at least 68 jobs of which at will be for low . least 36 will be for low to moderate income persons. The CDBG funds used in conjunction with the WVRLF will be initially loaned out to small businesses within the areas of the city as listed below. Once the loans begin to be Proposed Change #2: repaid, the payments and the interest generated by these Program income will loans becomes CDBG program income. This program income, be granted to WVIRCuF, after the City's approval, becomes a grant to the SVCDF to not "retained by". be used to make secondary loans to businesses that qualify for assistance by the WVRLF and for SVCDF program support costs. LOCATION: Northwest Roanoke; Downtown, Census Tracts 1, 2, 3, 7, 8, 9, 10, and 11 BROAD NAT'L OBJECTIVE: This activity will benefit low to moderate income persons through the creation of jobs. BUDGET: Total CDBG Funds $ 85,751 WVRLF (from EDA grant) $150,000 Local Banks & equity $400,000 TOTAL PROJECT COSTS $635,751 ENVIRONMENTAL ISSUES: This activity could result in impact to the environment in a number of ways historic properties, potential archaeological sites, flood plain location and others. Each loan proposal will be reviewed for environmental impacts. Attachment 2 AGREE~m~T This Agreement is made and entered into this , 1994, by and between the following parties: by and between the following parties: day of The Grantee - City of Roanoke, Virginia 215 Church Avenue, S.W. Roanoke, Virginia 24011 and the Subgrantee - Southwest Virginia Community Development Fund (SVCDF) 401 First Street Roanoke, Virginia 24016 The Grantee has been authorized by its City Council pursuant to Resolution No. 31445-051093, adopted May 10, 1993, to provide a total of $85,751 in CDBG funds to the Southwest Virginia Community Development Fund to be used to as the Grantee's match for the Western Virginia Revolving Loan Fund (WVRLF). These funds are to be initially loaned to small businesses within a targeted area of the City. Once the loans begin to be repaid, the loan payments (principal and interest) and the interest earned on these loan payments becomes program income. This program income, after approval by the Grantee, becomes a grant to the SVCDF to be used to make secondary loans to qualifying businesses. The parties hereto mutually agree as follows: 1. SCOPE OF SERVICES The WVRLF is a financing program administered by SVCDF in cooperation with the 4th, 5th, and 6th Planning District Commissions. The purpose of the program is the creation and retention of local jobs by assisting in the financing of qualified businesses at below-market interest rates. The program works with private lenders to finance fixed assets and working capital. The goal of the Western Virginia Revolving Loan Fund is to provide a pool of capital to help eliminate the existing financing gap for small and minority businesses. The primary long-term benefit of this program is to increase the number of jobs and incomes in a specific target area. This area includes eight square miles of mixed residential/ commercial/business districts within the City of Roanoke. The area also includes downtown Roanoke and four industrial zoned areas. Agreement Page 2 Loans will be made to approximately four to six qualifying businesses at below market interest rates. As the WVRLF and local match funds are repaid, the CDBG share of the loan payments and the interest generated becomes CDBG program income. This program income then becomes a grant to the SVCDF to be used to make secondary loans to qualifying businesses. Qualifying businesses must meet CDBG requirements which specify that a minimum of 51 percent of the jobs created or retained as a result of such financing being filled by low and moderate income persons. It is anticipated that as a result of this program, 68 jobs will be created of which 36 will be filled by low and moderate income persons. This total includes job creation activities from the loans that will be made initially as well as the jobs created as a result of the secondary loans. Grantee will have a right of approval on a loan-by-loan basis for all original and the secondary loans that include Grantee's CDBG funds. 2. TI~ OF PERFOP~MANCE This Agreement shall be for the period beginning January 18, 1994 until the date that the Subgrantee documents to the Grantee that they have met the job creation requirements of this contract for each business assisted with CDBG funds by the SVCDF. This includes both the businesses that receive the initial loans and the businesses that receive the secondary loans. Agreement may be extended with the written agreement of both parties. 3. BUDGET: WEST~ VIRGINIA REVOLVING LOAN FUND The total budget for the Western Virginia Revolving Loan Fund (WVRLF) project will be $635,751 of which $85,751 in CDBG funds will be provided as local share. These funds will be matched by the following amounts as a minimum: Economic Development Administration grant Local Banks and equity $150,000 400,000 4. PAYMENT Su~K,~ULE AND PROCEDURES: Ail loan applications which propose to use CDBG funds (original funds and grant funds) shall be approved and certified for payment by a review committee established by the Grantee. Subgrantee's requests for payment will be submitted to the Grantee's Office of Grants Compliance, accompanied by an approved loan application. If approved, payment will be made to the Southwest Virginia Community Development Fund by the Grantee within ten (10) days from date of receipt. Agreement Page 3 5. INDE~H~IFICATION: The Subgrantee agrees to indemnify and hold harmless the Grantee, its officers, agents and employees, from any and all claims, liability, causes of action, suits of nature, costs, expenses, including reasonable attorney's fees, and other costs of defense, resulting from or arising out of the Subgrantee's intentional or negligent acts or omission in providing services under this Agreement including without limitation, fines and penalties, violation of federal, state or local laws, or regulations promulgated thereunder, personal injury, wrongful death or property damage. 6. INDEPENDENT CONTKACTOR: Services performed under this agreement shall be performed on an independent contractor basis and under no circumstances shall this agreement be construed as establishing an employee/employer relationship. The Subgrantee shall be completely responsible for its activities in performing services hereunder. 7. COMPLIANCE WITH FEDERAL REGULATIONS: The Subgrantee agrees to abide by the HUD conditions for CDBG programs as set forth in Attachment A and all other applicable federal regulations relating to specific programs performed hereunder. Further, the Subgrantee agrees to require that the businesses who receive loans are in compliance with applicable federal regulations of the businesses by agreement. 8. UNIFORM ADMINISTRATIVE REQUIREMENTS: The Subgrantee shall comply with the requirements and standards of OMB Circular No. A-122, "Cost Principles for Non Profit Organizations" and with the following Attachments to OMB Circular No. A-110, if applicable: Attachment A, "Cash Depositories"; Attachment B, "Bonding and Insurance"; Attachment C, "Retention and Custodial Requirements for Records"; Attachment F, "Standards for Financial Management Systems"; Attachment H, "Monitoring and Reporting Program Performance," paragraph 2; Attachment N, "Property Management Standards"; and Attachment O, "Procurement". 9.a. PROGRAM INCOME: "Program income" means gross income received by the Grantee or Subgrantee directly generated from the use of CDBG funds. The program income derived from the principal and the interest paid by the business owners and the bank where the funds are held shall be retained in a SVCDF bank account. These funds must be separately identified in the Subgrantee's accounting system. Once these funds are reported to and approved by the City's Office of Grants Compliance, the program income becomes a grant to the SVCDF. Once the program income becomes a grant, these grant funds will be used for a secondary loan and for program support costs by the SVCDF. Agreement Page 4 9b. PROGI~AM INCOME (Previous Contracts): The SVCDF has been awarded four previous CDBG Contracts to operate a revolving loan fund for a targeted area in Roanoke. These contracts include the following: Date of Contract June 30, 1989 July 20, 1990 July 22, 1991 (as amended) July 21, 1992 Amount of Contract $33,333 $66,667 $65,996 Amount Expended 0 $40,671 $33,333 $50,000 $46,912 Total previously expended: $120,916 The CDBG program income realized from the expenditures from these previous contracts that is currently on hand at the SVCDF and the program income which will continue to be received from the initial loan activities from these contracts will also be considered a grant to the SVCDF by the Grantee once the program income is reported to and approved by the Grantee. These funds must be utilized as the other grant funds in this contract. This includes all reporting requirements until the 51% job creation/retention requirements are met on all initial and secondary loans that include these CDBG funds. 10. RECORDS AND REPORTS: The Subgrantee shall maintain full and accurate records with respect to all matters covered under this agreement. All records pertaining to the Western Virginia Revolving Loan Fund and the services performed pursuant to it, shall be retained for a period of three (3) years after the expiration date of the loan program. Appropriate City and/or HUD personnel shall have free access to those records during the Agreement duration and the following three-year time period. The Subgrantee shall submit quarterly reports to the City's Office of Grants Compliance as follows: TIME PERIOD DUE DATE January 18, 1994 - March 31, 1994 April 15, 1994 April 1, 1994 - June 30, 1994 July 15, 1994 The Subgrantee will continue to submit quarterly reports 15 calender days after the end of each quarter until the 51% job creation and or retention goals are met for both the businesses that receive the initial loans and the businesses that receive the secondary loans. Agreement Page 5 Quarterly reports shall include the CDBG report (Attachment B) and a completed Creation/Retention of Jobs Grantee Performance Report Form (Attachment C). The SVCDF shall continue to submit these forms until each business assisted with CDBG funds meets the 51% job creation goal. Additionally, low and moderate income job creation/retention documentation for each business assisted shall be provided to the Grantee as indicated on Attachment D for each loan made. Interest income used for program support costs must be recorded by the SVCDF by a journal entry procedure approved by the City finance department and a copy of the journal must be submitted to the Office of Grants Compliance with quarterly reports. If HUD approves a different method of documenting low/mod job creation for economic development projects during the time period of this contract, the new documentation procedures will be incorporated into this contract and followed by the SVCDF. The Subgrantee agrees to submit any other reports as requested by the Grantee. 11. ANNUAL AUDITS The Subgrantee shall provide for independent audits, in compliance with OMB Circular A-133, which will include all CDBG expenditures covered by the Agreement. Copies of said audit reports shall be furnished to the Grantee's City Manager and Director of Finance within thirty (30) days of completion of the audit. The Subgrantee shall continue to submit annual audits until the date that the Subgrantee documents to the Grantee that they have met the job creation requirements of this contract for each business assisted with CDBG funds by the SVCDF. 12. CONFLICT OF IN'£~EST: No employee, agent, consultant, officer or appointed official of the Subgrantee, who is in a position to participate in a decision-making process or gain inside information with regard to any CDBG activity, may obtain a personal or financial interest in any contract, subcontract or agreement with respect thereto, or in the proceeds thereunder, either for themselves, their family or business associates, during their tenure or for one (1) year thereafter. 13. SUSPENSION AND TERMINATION: Suspension or termination may occur if the Subgrantee materially fails to comply with any term of this award, and the award may be terminated for convenience by the Grantee or Subgrantee upon written notification to the awarding agency (HUD), setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. Agreement Page 6 14. REVERSION OF ASSETS: Upon expiration of this program, the Subgrantee shall transfer to the Grantee any CDBG funds or program income on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. 15. THIRD-PARTY COlv.~'~diCTS: The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. 16. AMENDMENTS: The Grantee, from time to time, may require changes in the obligations of the Subgrantee hereunder, or its City Council may appropriate further funds for the implementation of the Western Virginia Revolving Loan Program. In such event or events, such changes which are mutually agreed upon by and between the Subgrantee and Grantee shall be incorporated in written amendment to this Agreement. 17. GOVERNING LAW: This Agreement shall be governed by laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as the day and year hereinabove written: ATTEST: CITY OF ROANOKE By By Mary F. Parker, City Clerk W. Robert Herbert, City Manager SUBGRANTEE By By Witness APPROVED AS TO CDBG ELIGIBILITY APPROVED AS TO FORM Grants Monitoring Administrator Assistant City Attorney APPROVED AS TO EXECUTION Agreement Page 7 APPROVED AS TO FUNDS AVAILABLE Assistant City Attorney Director of Finance Date Account 9 LX: WVRLF ATTACHMENT A page 1 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SPECIAL TERMS AND CONOITIONS "Section 3' Compliance in the Provision of Training, Emplo~ment and Business Opportunities: The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder, prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such ATTACHMENT A page 2 assistance, its successor and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. Equal Emplo~n~ent Opportunity: Contracts subject to Executive Order 11246, as amended: Such contracts shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130 applicable to HUD-assisted construction contracts. The Contractor shall cause or require to be inserted in full in any non- exempt contract and subcontract for construction work, or modification thereof as defined in said regulations, which is paid for in whole or in part with assistance provided under this Agreement, the following equal opportunity clause: "During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. Co The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the contractor's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will comply with all provisions of Executive Order 11246 of September 24, lg65, and of the rules, regulations and relevant orders of the Secretary of Labor. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the ATTACHMENT A page 3 Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part, and the contractor may be declared ineligible for further Government contracts or Federally-assisted construction contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. Go The contractor will include the portion of the sentence immediately preceding paragraph {A) and the provisions of paragraphs {A) through (G) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States." The Contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federally-assisted construction work; provided, that if the Contractor so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The Contractor agrees that it will assist and cooperate actively with the Department and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor; that it will furnish the Department and the Secretary of Labor such compliance; and that it will otherwise assist the Department in the discharge of its primary responsibility for securing compliance. The Contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for Government contracts and Federally-assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the Department or the Secretary of Labor pursuant to Part II, Subpart D, of the Executive Order. In addition, the Contractor agrees that if it fails or refuses to comply with these undertakings, the Department may take any or all of the following actions: cancel, terminate or suspend in whole or in part the grant or loan guarantee; refrain from extending any further assistance to the Contractor under the Program with respect to which the failure or ATTACHMENT A page 4 refusal occurred until satisfactory assurance of future compliance has been received from such Contractor; and refer the cause to the Department of Justice for appropriate 1Qgal proceedings. Nondiscrimination Under Title VI of the Civil Rights Act of 196>4: This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto, including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Contractor shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis or race, color, religion, sex or national origin, in the sale, lease or rental, or in the use of occupancy of such land or any improvements erected or to be erected thereon, and providing that the Contractor and the United States are beneficiaries of and entitled to enforce such covenant. The Contractor, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. Obligations of Contractor with Respect to Certain Third-party Relationships: The Contractor shall remain fully obligated under the provisions of the Agreement, notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under this Agreement to the Contractor. Any Contractor which is not the Applicant shall comply with all lawful requirements of the Applicant necessary to insure that the program, with respect to which assistance is being provided under this Agreement to the Contractor is carried out in accordance with the Applicant's Assurances and certifications, including those with respect to the assumption of environmental responsibilities of the Applicant under Section 104{h) of the Housing and Community Development Act of 1974. Interest of Certain Federal Officials: No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. Interest of Memberst Officers or Es~loyees of Contractor~ ._l~e~_ers of Local Government BOd~ or Other Public Officials: No member, officer or employee of the Contractor, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure, or for one (i) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. The Contractor shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this section. Prohibition Against Pa~fments of Bonus or Ca.aission: The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval or applications for additional assistance, ATTACHMENT A page 5 10. 11. or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974, or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. "Section 109': This Agreement is subject to the requirements of Section 109 of the Housing and Community Development Act of 1974, 42 U.S.C. 3535{d}. No person in the United States shall on the ground of race, color, religion, sex or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title. Access to Records and Site of Fu~plo~ment: This Agreement is'subject to the requirements of Executive Order 11246, Executive Order 1375, Civil Rights Act of 1964, as amended. Access shall be permitted during normal business hours to the premises for the purpose of conducting on-site compliance reviews and inspecting and copying such books, records, accounts, and other material as may be relevant to the matter under investigation and pertinent to compliance with the Order, and the rules and regulations promulgated pursuant thereto by the Contractor. Information obtained in this manner shall be used only in connection with the administration of the Order, the administration of the Civil Rights Act of 1964 (as amended) and in furtherance of the purpose of the Order and that Act. Records: All records pertaining to this Agreement and the services performed pursuant to it, shall be retained for a period of three {3) years after the expiration date of the Agreement. Appropriate City and/or HUD personnel shall have free access to those records during the Agreement duration and the following three-year time period. Termination for Convenience or for Cause: This Agreement may be terminated by either the City or the Contractor in the event of a substantial failure to perform by either party. In the event of such termination, the Contractor shall be entitled to collect all sums for services performed as of the date of termination. This Agreement may be terminated for convenience in whole or in part by the City with the consent of the Contractor, in which case the two parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated. 12. Legal Remedies for Contrmct Violation: If the Contractor materially fails to comply with any term of this Agreement, whether stated in a Federal statute or regulation, an assurance, in a State plan or application, a notice of award, or elsewhere, the City may take one or more of the following action, as appropriate in the circumstances: Temporarily withhold cash payments pending correction of the deficiency by the Contractor, 2) Disallow all or part of the cost of the activity or action not in compliance, 3) Wholly or partly suspend or terminate the current Agreement, or 4) Take other remedies that may be legally available. E:ATTACHMT.PRO 10/1/91 A~AC~E~ B WESTERN VIRGINIA REVOLVING LOAN FUND Roanoke City CDBG Quarterly Report Period: Total for Current Current Cumulative Quarter contract Yr Total Number of Loans Made CDBG Original Funds Loaned CDBG Secondary Funds Loaned Total Invested Capital (All Sources) Program Inoome CDBG Principal Interest (from loans payable) Interest (from money in bank) TOTAL Program Support used for SVCDF from interest program income CDBG Funds Currently Available Projected Number of Jobs Created Actual Jobs Created Actual Low/Mod Jobs Created Projected Number of Jobs Retained Actual Jobs Retained Actual Low/Mod Jobs Retained Signature: Date: ATTACHMENT D Page 1 Documentation Required Low and Moderate Income Job Creation PUBLIC BENEFIT STATEMENT For all businesses assisted, a statement prepared by SVCDF must be provided to the Economic Development Office of the City of Roanoke outlining what public benefit(s) may be derived for the City of Roanoke from the loans provided to each business. JOBS AVAILABLE TO LOW AND MODERATE INCOME PERSONS If documenting that at least 51% of the jobs will be available to low and moderate income persons, documentation for each assisted business shall include: 1. A copy of a written agreement containing: A commitment by the business that it will make at least 51 percent of the jobs available to low and moderate income persons and will provide teaching for any of those jobs requiring special skills or education; be A listing by job title of the permanent jobs to be created indicating which jobs will be available to low and moderate income persons, which jobs require special skills or education, and which jobs are part-time if any; and Ce A description of actions to be taken by the recipient and business to ensure that low and moderate income persons receive first consideration for those jobs; and e A listing by job title of the permanent jobs filled, and which jobs of those were available to low and moderate income persons, and a description of how first consideration was given to such persons for those jobs. The description shall include what hiring process was used; which low and moderate income persons were interviewed for a particular job; and which low and moderate income persons were hired. ATTACHMENT D Page 2 JOBS TO BE HELD BY LOW AND MODERATE INCOME PERSONS If documenting that at least 51% of the jobs will be held by low and moderate income persons, documentation for each assisted business shall include: 1. A copy of a written agreement containing: A commitment by the business that at least 51% of the jobs, on a full-time equivalent basis, will be held by low and moderate income persons; and A listing by job title of the permanent jobs to be created, identifying which are part-time, if any; A listing by job title of the permanent jobs filled and which jobs were initially held by low and moderate income persons; and For each such low and moderate income person hired , the size and annual income of the person's family prior to the person being hired for the job. RETENTION OF JOBS If documenting that the activity determined to benefit low and moderate income persons based on the retention of jobs: 1. Evidence that in the absence of CDBG assistance jobs would be lost; For each business assisted, a listing by job title of permanent jobs retained, indicating which of those jobs are part-time and (where it is known) which are held by low and moderate income persons at the time the CDBG assistance is provided. Where applicable, identification of any of the retained jobs (other than those known to be held by low and moderate income persons) which are projected to become available to low and moderate income persons through job turnover within two years of the time CDBG assistance is provided. Information upon which the job turnover projections were based shall also be included in the record; 3. For each retained job claimed to be held by a low and moderate income person, ATTACHMENT D Page 3 information on the size and annual income of the person's family; For jobs claimed to be available to low and moderate income persons based on job turnover, a descriptiOn covering the items required for ,,available to" jobs in paragraph (5) of this section; and Where jobs were claimed to be available to low and moderate income persons through turnover, a listing of each job which has turned over to date, indicating which of those jobs were either taken by, or available to, low and moderate income persons. For jobs made available, a description of how first consideration was given to such persons for those jobs shall also be included in the record. MCCADDEN 31836 REGULAR WEEKLY SESSION ROANOKE CI'IY COUNCIL January 18, 1994 2:00 p.m. AGENDA FOR THE COUNCIL e Call to Order Roll Call. Council Members Bowles and Harvey were absent. The Invocation was delivered by The Reverend Michael L. Brummitt, Pastor, Glad Tidings Assembly of God. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. A Resolution commending and congratulating the Virginia Tech football team and Coach Frank Beamer for an outstanding season, culminating in the team's 45-20 victory over the University of Indiana in the Independence Bowl. Deferred until a later date. CONSENT AGENDA (APPROVED 5--0) ALL MATI'ERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MAYOR AND MEMBERS OF CITY COUNCIL AND WILl. BE ENACTED BY C-1 C-2 ONE MOTION IN THE FORM, OR FORMS, LISTED BELOW. TIqF. RE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. A communication from Mayor David A. Bowers transmitting correspondence from Peter R. Lampman, Executive Director, Virginia Amateur Sports, Inc., requesting the City's continued support of the Commonwealth Games of Virginia. RECOMMENDED ACTION: Refer to the City Manager and 1994-95 Budget Study. A communication from Mayor David A. Bowers transmitting correspondence from Kimberly T. Outlaw suggesting that the City institute a license plate program with the Virginia Department of Motor Vehicles similar to that used by colleges and civic associations throughout Virginia. RECOMMENDED ACTION: Refer to the City Manager for possible follow up with the Virginia Department of Motor Vehicles. REGULAR AGENDA 3. HEARING OF CITIZF. NS UPON PUBLIC MATI'ERS: Presentation in recognition of the City's dedication, leadership and assistance in developing the new waste disposal facilities. John R. Hubbard, P.E., Chief Executive Officer, Roanoke Valley Resource Authority. Deferred until a later date. 4. PETITIONS AND COMMUNICATIONS: None. 2 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: A report recommending formal ratification of contracts for emergency repairs performed at the Sewage Treatment Plant; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 31836-011894 and Resolution No. 31837-011894. (5-0) A report recommending execution of Amendment No. 2 to the City's contract with Dewberry & Davis, in the amount of $91,327.50, for additional design and plan preparation work related to the Carvins Cove Expansion, Phase II project; and transfer of funds in connection therewith. Adopted Budget Ordinance No. 31838-0 11894 and Resolution No. 31839-011894. (5-0) o A report recommending an amendment to the fiscal year 1993-94 Community Development Block Grant Final Statement of Objectives and Projected Use of Funds, and execution of an agreement with the Southwest Virginia Community Development Fund for administration of the Westem Virginia Revolving Loan Fund for the City of Roanoke. Adopted Resolution No. 31840-011894. (5-0) 3 A report recommending that Council reaffu-m its support of the alignment for 1-73 through Virginia that would generally follow Route 460 from the West Virginia line to Roanoke and Route 220 South from Roanoke to the North Carolina line. Concurred in the recommendation. A report recommending acceptance of the bids submitted by Magic City Motor Corporation, in the amount of $119,627.70, and Richmond Machinery & Equipment Co., Inc., in the amount of $43,550.00, for providing refuse trucks and bodies for use in the Solid Waste Management Department. Adopted Resolution No. 31841-011894. (4-0, Mayor Bowers abstained from voting.) 6. REPORTS OF COMMITTEES: A report of the committee appointed to tabulate bids received for proper removal and disposal of asbestos containing materials from residences at 110 and 111 Wells Avenue, N. W., recommending award of a contract to HICO, Inc., in the amount of $7,664.00. Council Member William White, Sr., Chairperson. Adopted Ordinance No. 31842-011894 and Resolution No. 31843- 011894. (5-0) 7. UNFINISHF. D BUSINESS: None. 4 8. INTRODUCTION AND CONSIDERATION ORDINANCES AND RESOLUTIONS: OF ae Ordinance No. 31825, on second reading, rezoning three tracts of land located at 143, 133 and 129 Norfolk Avenue, S. W., identified as Official Tax Nos. 1010301, 1010302 and 1010303, from LM, Light Manufacturing District, to C-3, Central Business District. Adopted Ordinance No. 31825-011894. (5-0) Ordinance No. 31826, on second reading, rezoning a tract of land located at 1910 McVitty Road, S. W., identified as Official Tax No. 5100809, from RS-l, Residential Single-Family, Low Density District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioner. Adopted Ordinance No. 31826-011894. (5-0) Ordinance No. 31832, on second reading, authorizing the lease of certain City-owned property to Robert W. Hylton, upon certain terms and conditions. Adopted Ordinance No. 31832--011894. (5--0) 9. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor and Members of City Council. Council Member White requested that Council be provided with a briefing with regard to snow removal costs incurred by the City to bo Vacancies on various authorities, boards, commissions and committees appointed by Council. 5 10. OTI-~.R I-~.ARINGS OF CITIZ~NS: C~Tn~CATION OF ~XEC~ Sr~S~ON. 6 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 4~6 l~anoke, Virginia 24011 Telephone: (?03) 981-2~41 SANDRA H. EAK1N D~uty City Clerk January 21, 1994 File #20-77-200-326-450 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report recommending that Council reaffirm its support of the alignment for 1-73 through Virginia that would generaliy follow Route 460 from the West Virginia line to Roanoke and Route 220 South from Roanoke to the North Carolina line, was before the Council of the City of Roanoke at a regular meeting held on Tuesday, January 18, 1994. On motion, duly seconded and adopted, Council concurred in the recommendation. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: M. Scott Hollis, Urban Engineer, Virginia Department of Transportation, 1401 East Broad Street, Richmond, Virginia 23219 Wayne G. Strickland, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works William L. Stuart, Manager, Streets and Traffic Robert K. Bengtson, Traffic Engineer John R. Marlles, Chief, Community Planning Philiip F. Sparks, Acting Chief, Economic Development Diane S. Akers, Budget Administrator, Office of Management and Budget Roanoke, Virginia January 18, 1994 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Council Members: Subject: Interstate 73 Background: A. The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), authorized the development of a National Highway System (NHS) to "...provide an interconnected system of principal arterial routes which will serve major population centers, international border crossings, ports, airports, public transportation facilities and other intermodal transportation facilities and other major travel destinations; meet national defense requirements; and serve interstate and interregional travel." ISTEA further identified in Section 1105 (High Corridors on National Highway System), the Interstate 73 (I-73) corridor from Charleston, Carolina to Detroit, Michigan. Priority South Co City Council at its meeting on October 25, 1993, adopted Resolution No. 31748-102593 in support of the alignment for 1-73 through Virginia that would generally follow Route 460 from the West Virginia line to Roanoke and Route 220 South from Roanoke to the North Carolina line. II. Current Situation: Alternative alignment for 1-73 to follow 1-64 east from the West Virginia line to Clifton Forge and then follow south on U.S. Route 220 to the North Carolina line has been presented by Alleghany County. Fifth Planninq District Commission (5PDC) has requested that both alternatives be considered by member jurisdictions prior to the next meeting of the full Commission on January 27, 1994. III. Issues: A. Economic Development B. Reqional Impact C. Fundinq D. Timinq IV. Alternatives: ao City Council continue to support an alignment for 1-73 through Virginia that would generally follow Route 460 from the West Virginia line to Roanoke and Route 220 South from Roanoke to the North Carolina line. Economic Development would be most effectively enhanced by connecting the regions' population, medical, and financial center (as well as the largest airport in western Virginia) with the largest university in the Commonwealth. The "smart highway" and the New Century Council are but two of the recent initiatives which have emphasized the importance of greater accessibility between the Roanoke and New River Valleys. Reqional Impact. If the region is defined as southwest Virginia, this alternative will result in the maximum benefits for the reasons stated in IV.A.i., above. This will strengthen both interstate and intrastate commerce which is of direct benefit to the Commonwealth and the region. Fundinq amounts and sources remain unknown at this time. 4. Timinq for this project remains unknown. City Council amend its previous action and support an alignment for 1-73 to follow 1-64 east from the West Virginia line to Clifton Forge and then follow south on U.S. Route 220 to the North Carolina line. Economic Development would be enhanced to the extent that the Roanoke Valley would be better served by virtue of more efficient access to major population centers. Regional Impact. Localities in the Alleghany highlands portion of the 5PDC will benefit more directly than under Alternative A. But, southwest Virginia as a whole may miss the opportunity of better connection between the Roanoke and New River Valleys. Fundinq amounts and sources remain unknown at this time. 4. Timinq for this project remains unknown. V. Recommendation: City Council approve Alternative A, thus re-affirming its support of the alignment for 1-73 through Virginia that would generally follow Route 460 from the West Virginia line to Roanoke and Route 220 South from Roanoke to the North Carolina line. Respectfully, W. Robert Herbert City Manager WRH:WFC:pr cc: Mr. Wilburn C. Dibling, Mr. Ms. Mr. Mr. Mr. Mr. Mr. Jr., City Attorney James D. Grisso, Director of Finance Diane S. Akers, Acting Manager, Management & Budget William F. Clark, Director of Public Works Phillip F. Sparks, Acting Chief, Economic Development John R. Marlles, Chief, Planning & Community Development Robert K. Bengtson, Traffic Engineer Wayne G. Strickland, Executive Director, Fifth Planning District Commission Fifth Planning District Commission 313 Luck Avenue, SW (703) 343-4417 (Ph.) P.O. Box 2569 Roanoke, Virginia 24010 (703) 343-4416 (Fax) ' ,3 December 14, 1993 Mr. W. Robert Herbert Roanoke City Manager 215 Church Avenue, SW Roanoke, Virginia 24011 Dear Bob: Through previous correspondence, the Fifth Planning District Commission staff has informed you that the Fifth PDC is considering taking a regional position on the alignment of the proposed 1-73 corridor. At the last Executive Committee meeting of the Commission, this issue was presented for a second time after reviewing the resolutions and present positions of the local jurisdictions. A resolution was not adopted due to additional concerns that local jurisdictions had not had time to properly consider the alternative resolution presented by Alleghany County supporting an alignment of 1-73 which would follow 1-64 from West Virginia to Clifton Forge and then Route 220 south to North Carolina. Representatives from Alleghany County, Clifton Forge, Covington, and Botetourt County support an 1-64 alignment. However, Roanoke City, Roanoke County, and Salem City have endorsed resolutions supporting a Route 460 alignment. Craig County has adopted a resolution which is "neutral" as to how the 1-73 should enter tile Roanoke Valley, but agrees that it should follow Route 220 as it leaves Roanoke. Vinton has not adopted an official position at this time. Those localities supporting the 1-64 alignment have made a special appeal for the other jurisdictions to consider the regional impact of this project. They suggest that all 1-64 alignment might benefit more areas of the Fifth Planning District Commission, particularly those areas which are economically depressed. Representatives from the jurisdictions which have supported a Route 460 alignment do not feel comfortable voting on this issue until they are certain their localities have considered the 1-64 alternative. Some are concerned that the alternative alignment has never been presented to their local governing bodies, and thus never been considered as an option. Alleghany County · Botetourt County · Clifton Forge · Covington · Craig County Roanoke City · Roanoke County · City of Salem · Town of Vinton Mr. W. Robert Herbert Page 2 December 14, 1993 The Commission is requesting that both alternatives be presented to the local governing bodies of those jurisdictions which previously adopted resolutions without knowledge of both proposed alignments. Commission members should be assured that their respective jurisdictions have made an informed decision which includes review of all proposed alignments. The full Commission will be meeting on January 27, 1994. At this time, Commission members will take a position on this issue with a regional perspective. If an agreement or compromise cannot be made, a "majority rules" vote may be required. If you have any comments or suggestions on how an agreeable resolution might be presented, I would appreciate your input. Please submit any comments or new resolutions/positions adopted by your Council by January 18, 1994 to Ava Howard of the PDC staff. Also for your reference, I have enclosed a map of the Fifth Planning District with the two proposed alignments identified. This may be used for your Council meeting presentation if desired. Sincerely, Way~e~. Strickland Executive Director AJH:WGS:ajh Enclosure cc: David A. Bowers, Mayor, City Council Mrs. Elizabeth Bowles, Fifth PDC Executive Committee Member John S. Edwards, Fifth PDC Executive Committee Member ~-264 Proposed Alignment Route 46~ Proposed Alignment FIFTH MARY F. pA~IiER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 21S Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2341 SANDRA H. EAKIN Deputy City Clerk January 21, 1994 File #144-183-270-361-472 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31841-011894 accepting bids submitted by Magic City Motor Corporation, in the amount of $119,627.70, and Richmond Machinery and Equipment Co., Inc., in the amount of $43,550.00, to provide two new truck cab/chassis for rear loading refuse bodies and two new 20 cubic yard rear loading refuse bodies, respectively, for use in the Solid Waste Management Department. Resolution No. 31841-011894 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 18, 1994. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Wayne E. Williams, Truck Sales, Magic City Motor Corporation, P. O. Box 12807, Roanoke, Virginia 24028 J. B. Coliey, President, Richmond Machinery and Equipment Co., Inc., P. O. Box 6588, Richmond, Virginia 23230 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, General Services William F. Clark, Director, Public Works James A. McClung, Manager, Fleet and Solid Waste Management Diane S. Akers, Budget Administrator, Office of Management and Budget MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vir ~ini~ 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Cl~rk January 21, 1994 File #144-183=270-361=472 Cavalier Equipment Co. Fulton Trucks, Inc. Heft/Southeast Mid State Equipment Co. Solid Waste Equipment Co. of Virginia, Inc. Ladies and Gentlemen: I am enclosing copy of Resolution No. 31841-011894 accepting bids submitted by Magic City Motor Corporation, in the amount of $119,627.70, and Richmond Machinery and Equipment Co., Inc., in the amount of $43,550.00, to provide two new truck cab/chassis for rear loading refuse bodies and two new 20 cubic yard rear loading refuse bodies, respectively, for use in the Solid Waste Management Department. Resolution No. 31841-011894 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 18, 1994. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed vehicular equipment. Sincerely, ~. ~~ ~"~rker, CMC/AAE Mary . City Clerk MFP: sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, The 18th day of January, 1994. No. 31841-011894. VIRGINIA, A RESOLUTION accepting bids for certain vehicular equipment, and rejecting other bids. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bids in writing of the following named bidders to furnish to the City the items hereinafter set out and generally described, such items being more particularly described in the City's specifications and any alternates and in each bidder's proposal, are hereby ACCEPTED, at the purchase prices set out with each item: Item Quantity and Successful Purchase No. Description Bidder Price 1 Two (2) New Truck Magic City Motor $119,627.70 Cab/Chassis for Rear Corporation Loading Refuse Bodies 2 Two (2) New 20 cu. yd. Rear Loading Refuse Bodies Richmond Machinery $ 43,550.00 & Equipment Company, Inc. 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase orders for the above-mentioned items, said purchase orders to be made and filed in accordance with the City's specifications, the respective bids made therefor and in accordance with this resolution. 3. Any and all other bids made to the City for the aforesaid items are hereby REJECTED; and the City Clerk is directed to so notify each such bidder and to express to each the City's appreciation for each bid. ATTEST: City Clerk. IIT" · Roanoke, Virginia January 18, 19949,4 ,!~ 12 P"~'/ Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Bids to Purchase Refuse Trucks, Bid No. 93-11-98 I. Background Capital Maintenance and Equipment Replacement. Program has identified the need to replace two (2) 20 cu. yd. Refuse Trucks in Solid Waste Management Department. Specifications were developed and along with Request for Quotations were sent specifically to twenty-four (24) 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 until 2:00 p.m. on December 14, 1993 at which time all bids were publicly opened and read in the Office of the Manager of General Services. II. Current Situation A. Eight (8) Bids were received. Bid tabulation is attached. Be Ail bids received were evaluated by representatives of the following departments: Public Works Solid Waste Management Fleet Management General Services State Contracts were reviewed. No State Contract currently exist on this type of equipment. D. Bid evaluations are as follows: Item #1 - Two (2) New Truck Cab/Chassis for Rear Loading Refuse Body. The lowest bid, submitted by Fulton Truck, Inc. took exception to the front springs. This is substantial and cannot be waived as an informality. Refuse Trucks Bid No. 93-11-98 Page 2 III. Issues IV. The lowest bid meetinq specifications is submitted by Magic City Motor Corporation at a cost of $59,813.85 each. Item #2 - Two (2) New 20 cu. yd. Rear Loading Refuse Bodies to be mounted on the above Cab/Chassis. The lowest bid submitted by Richmond Machinery & Equipment Company, Inc. meets all required specifications at a cost of $21,775.00 each. A. Need B. Compliance with Specifications C. Fund Availability Alternatives Council accept the lowest bids meeting specifications for Refuse Truck and Bodies as follows: Two (2) New Truck Cab/Chassis for 20 cu. yd Rear Loading Refuse Bodies as submitted by Magic City Motor Corporation for a total cost of $119~627.70. Two (2) New 20 cu. yd. Rear Loading Refuse Bodies to be mounted on above Cab/Chassis as submitted by Richmond Machinery & Equipment Company, Inc. for a total cost of $43,550.00. Need - Requested Refuse Equipment is needed to provide continued effective and efficient service to citizens. Compliance with Specifications - The units recommended in this alternative meets all required specifications. Ce Fund Availability - Funds to provide for the purchase of this requested equipment is available in Fleet Management Account 017-052-2642- 9010. Refuse Trucks Bid No. 93-11-98 Page 3 Ve B. Reject Ail Bids Need - The performance of assigned refuse removal service would not be accomplished in the most efficient manner. 2. Compliance with Specification would not be a factor in the alternative. Fund Availability Designated funds would not be expended. Recommendations Council concur with Alternative "A" - award the bids for Refuse equipment as follows: Two (2) New Truck Cab/Chassis for Rear Loading Refuse Bodies from Magic City Motor Corporation for a total cost of $119,627.70. Two (2) New 20 cu. yd. Rear Loading Refuse Bodies to be mounted on above Cab/Chassis from Richmond Machinery & Equipment Company, Inc. for a total of $43,550.00. B. Reject all other Bids. Respectfully Submitted, W. Robert Herbert City Manager City Attorney Director of Finance Management & Budget MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vh-ginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk January 21, 1994 File #166-178=200=236=288-405 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31843-011894 authorizing execution of a permit agreement between the City of Roanoke and the Roanoke Redevelopment and Housing Authority in connection with asbestos abatement at 110 Wells Avenue, N. W. Resolution No. 31843-011894 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 18, 1994. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. po: Neva H. Smith, Executive Director, City of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations George C. Snead, Jr., Director, Public Safety William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Richard V. Hamilton, Real Estate Agent L. Bane Coburn, Project Manager Sarah E. Fitton, Construction Cost Technician Diane S. Akers, Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The i8th day of January, 1994. No. 31843-011894. A RESOLUTION authorizing execution of a permit agreement between the City of Roanoke and the Roanoke Redevelopment and Housing Authority in connection with asbestos abatement at 110 Wells Avenue, N.W. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest respectively, an permit agreement between the City of Roanoke and the Roanoke Redevelopment and Housing Authority in connection with the asbestos abatement at 110 Wells Avenue, N.W., such amendment to be in substantially the form attached to the City Manager's report dated January 18, 1994 and approved as to form by the City Attorney. ATTEST: City Clerk MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (70~) 981-2541 SANDRA H. F..AI~N Deputy City Clerk January21, 1994 File #166-178=200=236-288-405 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31842-011894 accepting the bid of HICO, Inc., in the amount of $7,664.00, for asbestos abatement at 110 and 111 Wells Avenue, N. W., upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting ail other bids made to the City for the work. Ordinance No. 31842-011894 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 18, 1994. Sincerely, City Clerk MFP: sm Sne. pc: Cyrus O. Hall, Chief Estimator, HICO, Inc., P. O. Box 807, Christiansburg, Virginia 24073 Neva H. Smith, Executive Director, City of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations George C. Snead, Jr., Director, Public Safety William F. Clark, Director, Public Works Charles M. Huffine, City Engineer W. Robert Herbert January 21, 1994 Page 2 pc: Richard V. Hamilton, Real Estate Agent L. Bane Coburn, Project Manager Sarah E. Fitton, Construction Cost Technician Diane S. Akers, Budget Administrator, Office of Management and Budget Charles A. Harlow, Acting Grants Monitoring Administrator MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 21 ~ Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk January 21, 1994 File #166-178-200-236-288-405 Asbestos Control Services, Inc. WACO, Inc. Webster Environmental, Inc. Ladies and Gentlemen: I am enclosing copy of Ordinance No. 31842-011894 accepting the bid of HICO, Inc., in the amount of $7,664.00, for asbestos abatement at 110 and 111 Wells Avenue, N. W., upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. Ordinance No. 31842-011894 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 18, 1994. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno o IN THE COUNCIL OF THE CITY OF ROANOKE, The 18th day of January, I994. No. 31842-011894. VIRGINIA, AN ORDINANCE accepting the bid of HICO, Inc. of Christiansburg, Virginia, for asbestos abatement at 110 and 111 Wells Avenue, N.W., 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 IT ORDAINED by the Council of the City of Roanoke aa follows: 1. The bid of HICO, Inc. of Christiansburg, Virginia, in the total amount of $7,664.00, for asbestos abatement at 110 and lll Wells Avenue, N.W., as more particularly set forth in the January 18, 1994, report of the City Manager to this Council, such Did 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 an4 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 an4 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. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. ,IM 13 P3:45 Roanoke, Virginia January 18, 1994 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: BID COMMITTEE REPORT ASBESTOS ABATEMENT RESIDENCES AT 110, 111 WELLS AVENUE, ROANOKE, VIRGINIA JOB NO. 10-24-93 I concur with the Bid Committee recommendation relative to the above project and recommend it to you for appropriate action. I also concur in the recommendation relative to the acceptance of the permit agreement which includes a provision that the City indemnify the Housing Authority. Sincerely, W. Robert Herbert City Manager WRH/LBC/kh cc: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Manager, Office of Management and Budget Roanoke, Virginia January 18, 1994 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: BID COMMITTEE REPORT ASBESTOS ABATEMENT RESIDENCES AT 110, 111 WELLS AVENUE, ROANOKE, VIRGINIA JOB NO. 10-24-93 NoWo Background: ao An asbestos survey was conducted on these two (2) buildings by HDH, Architecture, Engineering, Environmental of Salem, Virginia, that identified the materials that contained asbestos. A survey is required of any building to identify materials that contain asbestos fibers and an abatement program implemented before a permit can be obtained to move the structures and remodel them for sale. Bo After the survey had been made to identify the asbestos containing materials, the City of Roanoke advertised the project for removal of the identified materials. Bids for the removal of the asbestos containing materials were opened before City Council on November 22, 1993. II. Current Situation: ao Four (4) bids were received with HICO, Inc., of Christiansburg, Virginia submitting the low bid in the amount of $7,664.00 and ten (10) consecutive calendar days. Project is to remove and properly dispose of all asbestos containing materials as identified by the survey and as described in the contract documents within the houses at 110 and 111 Wells Avenue, N.W. This removal and a state certified asbestos inspector certification that the work has been done properly and completed is necessary before any type of building permit (remodeling) can be issued. Co Redevelopment and Housing Authority, owner of 110 Wells Avenue, has agreed to let the contractor enter the property for the purpose of asbestos abatement. Copy of agreement is attached. The City owns 111 Wells Avenue. Honorable Mayor and Members of City Council BID COMMITTEE REPORT ASBESTOS ABATEMENT RESIDENCES AT 110, 111 WELLS AVENUE, N.W. January 18, 1994 Page 2 Houses are currently situated west of 1st (Henry) Street in the path of the proposed 2nd Street/Gainsboro Road street improvement project. They will be relocated further west on Wells Avenue and renovated as part of a small business incubator project in the Gainsboro area. III. Issues: A. Compliance of the bidders with the requirements of contract documents. B. Amount of the low bid. C. Fundinq of the project. D. Time of completion. E. Riqht of Entry. the IV. Alternatives are: Authorize the City Manager to enter into a contractual agreement, in form approved by the City Attorney, with HICO, Inc., for the proper removal and disposal of asbestos containing materials from residences at 110 and 111 Wells Avenue, N.W., in accordance with the contract documents as prepared by the City Engineer for the sum of $7,664.00 and ten (10) consecutive calendar days. 1. Compliance of the bidders with the requirements of the contract documents for bid submittal was met. 2. Amount of the low bid is acceptable. Fundinq for this project is available in the CDBG Fund for Commercial/Industrial Improvements, Gainsboro Professional Park. 4. Time of completion is quoted as ten (10) consecutive calendar days, which is acceptable. Honorable Mayor and Members of City Council BID COMMITTEE REPORT ASBESTOS ABATEMENT RESIDENCES AT 110, 111 WELLS AVENUE, N.W. January 18, 1994 Page 3 5. Right of Entry permit for 110 Wells Avenue, as approved by the City Attorney, is in order for execution. Do not authorize the City Manaqer to enter into a contract with HICO, Inc. for this project at this time. 1. Compliance of the bidders with the requirements of the contract documents would not be an issue at this time. 2. Amount of the low bid would probably increase when re-bid at a later date. 3. Fundinq would not be encumbered at this time. 4. Time of the moving of the residences and project completion would be extended. 5. Riqht of Entry permit would not be required. V. Recommendation is that City Council take the following action: A. Concur with the implementation of Alternative 'A'. Authorize the City Manager to enter into a contractual agreement, in form approved by the City Attorney, with HICO, Inc. of Christiansburg, Virginia, for asbestos abatement at 110 and 111 Wells Avenue, N.W., in accordance with the contract documents as prepared by the Office of the City Engineer in the amount of $7~664.00 and ten (10) consecutive calendar days. C. Authorize the City Manager to execute the Right of Entry agreement (see attachment). Authorize the Director of Finance to encumber the following in the Community Development Block Grant account no. 035-093-9320-5199: Honorable Mayor and Members of City Council BID COMMITTEE REPORT ASBESTOS ABATEMENT RESIDENCES AT 110, 111 WELLS AVENUE, N.W. January 18, 1994 Page 4 Contract Amount Contingency TOTAL ENCUMBERED Reject the other bids received. Respectfully submitted, William White, Sr., C airman $7,664.00 536.00 $8,200.00 William F. Clark ead, Jr. WW/LBC/kh Attachments: Tabulation of Bids Right of Entry Permit Agreement cc: City Manager City Attorney Director of Finance Director of Public Works Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Manager, Office of Management and Budget TABULATION OF BIDS ASBESTOS ABATEMENT 110 AND 111 WELLS AVENUE, ROANOKE, VIRGINIA JOB NO. 10-24-93 NoW. Bids opened before City Council on Monday, November 22, 1993 at 2:00 p.m. NO. BIDDER LUMP SUM BOND DAYS HICO, Inc. $ 7,664.00 YES 10 Asbestos Control Services, Inc. $12,100.00 WACO, Inc. $12,320.00 Webster Environmental, Inc. $15,610.00' *Add $2,000.00 for temporary roof. Estimated Cost: $20,000.00 William F. Clark Geo~q~ C. Snead, Jr. Office of City Engineer Roanoke, Virginia January 18, 1994 THIS PERMIT AGREEMENT made and entered into this __day of , 1994, by and between the CITY OF ROANOKE ("City") and the CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY ("RRHA"), W I TN E S S E T H THAT, for and in consideration of good and valuable consideration, the receipt of which is acknowledged, RRHA does hereby permit the City its employees and contractor to enter upon the property of RRHA designated as 110 Wells Avenue, N.W., Official Tax No. 2012921 as necessary for the proper removal of asbestos containing material in the structure owned by RRHA, said right of entry to terminate and expire upon the completion of the aforesaid project. City shall indemnify and hold harmless RRHA, it officers, agents and employees, against any and all loss, cost, or expense, including attorney's fees, resulting from any claim, whether or not reduced to judgment, and for any liability arising out of or resulting from the activities to be conducted by the City, its employees or contractors on the subject property pursuant to this permit. WITNESS the following signatures: ATTEST: CITY OF ROANOKE By~ City Clerk City Manager ATTEST: CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY By. Secretary Executive Director blA~Y F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 4~6 Roanoke, Virginia 24011 Telephone: (70t) 981-2541 I~puty City Cl~rk January21, 1994 File #51 Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron and Agee 1919 Electric Road, S. W. Roanoke, Virginia 24011 Dear Mr. Natt: I am enclosing copy of Ordinance No. 31825-011894 rezoning three tracts of land located at 143, 133 and 129 Norfolk Avenue, S. W., identified as Official Tax Nos. 1010301, 1010302 and 1010303, from LM, Light Manufacturing District, to C-3, Central Business District. Ordinance No. 31825-011894 was adopted by the Council of the City of Roanoke on first reading on Monday, January 10, 1994, also adopted by the Council on second reading on Tuesday, January 18, 1994, and will take effect ten days following the date of its second reading. ~_~,,,~.~.~_~Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Ms. Cynthia Gardner, 6072 Oriole Lane, S. W., Roanoke, Virginia 24018 Mr. and Mrs. James D. Leonard, 1935 Hope Road, S. W., Roanoke, Virginia 24018 L & M Properties, 3635 Manassas Drive, S. W., Suite B, Roanoke, Virginia 24018 CSW Associates, P. O. Box 1510, Grundy, Virginia 24614 Mr. Robert Earl Zimmerman, Jr., 912 Salem Avenue, S. W., Roanoke, Virginia 24016 Edward A. Natt, Attorney January 21, 1994 Page 2 pc: Mr. and Mrs. Richard A. Whitaker, P. O. Box 1591, Roanoke, Virginia 24017 Mr. and Mrs. John Prusak, 3710 Laymantown Road, Troutville, Virginia 24175 Trustee for Lowe, First National Exchange Bank, P. O. Box 13327, Roanoke, Virginia 24040 Norfolk Southern Corporation, 8 North Jefferson Street, Roanoke, Virginia 24016 Ms. Mary V. Vaughan, 4308 Fauquire Avenue, Richmond, Virginia 23227 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director of Real Estate Valuation Doris K. Layne, Account Technician, Real Estate Valuation William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities and Operations Charles M. Huffine, City Engineer Ronald H. Miller, Buliding Commissioner John R. Marlles, Agent, City Planning Commission Evelyn D. Doraey, Acting Zoning Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, The 18th day of January, 1994. No. 31825-011894. VIRGINIA, AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 101, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing District, to C-3, Central Business District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on January 10, 1994, after due and timely notice thereof as required by ~36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 101 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Three tracts of land with property addresses being 143 Norfolk Avenue, S.W., 133 Norfolk Avenue, S.W., and 129 Norfolk Avenue, S.W., and designated on Sheet No. 101 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 1010301, 1010302 and 1010303, respectively, be, and are hereby rezoned from LM, Light Manufacturing District, to C-3, Central Business District, as more fully set forth in the Petition, filed in the Office of the City Clerk on November 10, 1993, and that Sheet No. 101 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke City Planning Commission January 10, 1994 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Cynthia A. Gardner, represented by Edward A. Natt, attorney, that three tracts of land located at 129, 133, and 143 Norfolk Avenue, S.W., identified as Official Tax Nos. 1010301 through 1010303, inclusive, be rezoned from LM, Light Manufacturing District to C-3, Central Business District. Purpose of the rezoning request is to place the property into a zoning classification that would permit the use of the existing structure for a nail salon and retail shop for the distribution of related products and warehousing of products. Petition to rezone was filed on November 10, 1993. The petition is unconditional. Planning Commission public hearinff was held on Wednesday, December 15, 1993. Mr. Ed Natt, attorney for the petitioner, appeared before the Commission on behalf of the petitioner. Mr. Natt noted that the staff report indicated that the proposed site was not suitable for industrial or manufacturing uses and further noted that the proposed rezoning was a logical extension of the C-3 district downtown. Mr. Richard Whittaker (133 Salem Avenue, S.W., P. O. Box 1591, 24017) appeared before the Commission and stated his concern was parking. He stated he had experienced problems in the past with cars blocking the entrance to his building and his private drive. Using a map of the area, Mr. Marlles noted the locations of the existing surface parking lots and garages in the vicinity of the proposed rezoning. Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2344 Members of Council Page 2 January 10, 1994 II. Issues: Zoning of the subject property is LM, Light Manufacturing District. The zoning pattern in the area is as follows: to the north and west is HM, Heavy Manufacturing District, to the east and south is C-3, Central Business District. Land use of the subject property was previously warehouse distribution. The existing structure was in the process of being renovated when it was determined that the existing zoning district clarification did not provide for the proposed use. Surrounding land uses in the area are as follows: to the north is the mainline of the Norfolk Southern Railway; to the east in the adjacent structure is a frame shop; to the south across Norfolk Avenue is mixed commercial/warehousing; and to the west across Second Street are offices. Utilities are available and of adequate capacity to serve the proposed use. No new construction is proposed on the site. Access to the property is currently from the adjoining public streets, Norfolk Avenue, S.W., and Second Street, S.W. After construction of the proposed Second Street bridge, scheduled to begin in July, 1994, access to the subject property will be provided from a cul-de-sac to be constructed at the western end of Norfolk Avenue. Eo Parking for the subject property is currently available on site. The existing gravel parking lot located at the western end of the site is scheduled to be acquired as part of the Second Street bridge project. There are several existing surface parking lots and parking garages in close proximity to the subject property. In addition, there is a strong possibility that additional surface parking can be provided under the proposed bridge structure to the west of the subject property. Industri___~__al_al land in the City has been identified as a valuable economic asset and should be protected. The subject property, due to its size and location, is not considered valuable for industrial development. G° Comprehensive olan recommends that we encourage appropriate infill commercial development on appropriate sites and minimize land use conflicts. III. Alternatives: A. City Council approve the rezoning request. Members of Council Page 3 January 10, 1994 Zoning of the subject property would become C~3, Central Business District, consistent with the predominant zoning pattern in the surrounding area. 1.and use would become a nail salon and retail shop for the distribution and warehousing of related products. Utilities are available and of adequate capacity to serve the proposed development. Access to and from the site can safely be provided by the adjoining public street, Norfolk Avenue. No traffic impacts are anticipated from the proposed use of the property. Parking can be accommodated by the existing surface parking lots and the parking garage located in close proximity to the subject property. In addition, there is a good possibility that additional surface parking can be accommodated under the proposed Second Street bridge structure to be constructed to the west of the subject property. Industrial land, although not preserved for industrial development purposes, is appropriately developed given its size and location. 7. Comprehensive plan issues as set forth would be followed. B. City Council deny the rezoning request. Zoning of the subject property would remain LM, Light Manufacturing District. The proposed reuse of the existing structure would not be allowed to occur. Land use would remain a partially renovated structure. The property does not lend itself to industrial reuse. 3. Utilities would be unaffected. 4. Access to the site would not be an issue. 5. Parking would not bean issue. Industrial land remains protected despite the fact that the existing structure is not suitable for infill industrial development. Members of Council Page 4 January 10, 1994 7. Comorehensive plan issue as set forth could be followed at a later date. IV. Recommendation: The Planning Commission, by a vote of 7-0, recommended approval of the requested rezoning, finding that the rezoning would be a logical extension of the existing C-3, Central Business District, located to the east and south of the property and that the location and physical constraints of the site are more conducive to commercial development as an appropriate land use than industrial development. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission JRM: mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Attorney for the Petitioner 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) 981-25~.1 SANDRA H. EAKIN Deputy City Clerk November 11, 1993 File #51 Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Edward A. Natt, Attorney, representing Cynthia Gardner, requesting that three tracts of land located at 143, 133 and 129 Norfolk Avenue, S. W., identified as Official Tax Nos. 1010301, 1010302 and 1010303, be rezoned from LM, Light Manufacturing District, to C-3, Central Business District. Sincerely, Mary F. Parker, CMC/AAE City Clerk r~FP:sm r/gardner Enc. pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Ferguson, Natt, Aheron and Agee, P. C., 1919 Electric Road, S. W., Roanoke, Virginia 24011 ~Tbhn R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Rezoning of three tracts of land designated as Tax Map Nos. 1010301, 1010302 and 1010303 with property addresses being 143 Norfolk Ave., SW, 133 Norfolk Ave. SW, and 129 Norfolk Ave., SW, respectively, in the City of Roanoke, from LM to C-3. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, CYNTHIA GARDNER, owns less than one acre of land in the City of Roanoke, designated as Tax Map Nos 1010301, 1010302 and 1010303 with property addresses being 143 Norfolk Ave., SW, 133 Norfolk Ave., SW, and 129 Norfolk Ave., SW, respectively, in the City of Roanoke. Said tract is currently zoned LM. A map of the Exhibit A. Pursuant to Section property to be rezoned is attached as 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from LM District to C-3 District for the purpose of a nail salon and retail shop for the distribution of products associated therewith and warehousing of products. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide for additional retail and service business in the downtown area in existing facilities. Attached as Exhibit B are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this I© day of November, 1993. Edward A. Natt, Esq. OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. 1919 Electric Road, S.W. Roanoke, Virginia 24018 (703) 774-1197 Cynthia Gardner 6072 Oriole Lane, SW Roanoke, VA 24018 (703) 989-0878 Respectfully submitted, Of Counsel Tax Map Number 1010304 1010401 1010402 1010404 1010405 1010406 1010407 1010408 1010409 (Not available per Commissioner of Revenue) pet. sdl. b EXHIBIT B OWNER'S NAME/ADDRESS James D. & Vicki H. Leonard 1935 Hope Rd., SW Roanoke, VA 24018 L & M Properties 3635 Manassas Drive, Suite B Roanoke, VA 24018 SW C S W Associates P.O. Box 1510 Grundy, VA 24614 Robert Earl Zimmerman, Jr. 1510 Langhorne St., SE Roanoke, VA 24013 Richard A. & Ruth A. Whitaker 133 Salem Ave., SW Roanoke, VA John & Katherine W. Prusak 3710 Laymantown Road Troutville, VA 24175 First National, Trustee P.O. Box 14061 Roanoke, VA 24038 First National, Trustee P.O. Box 14061 Roanoke, VA 24038 Mary Virginia Vaughan 4308 Fauquire Avenue Richmond, VA 23227 Norfolk Southern Corporation 8 N. Jefferson Street Roanoke, VA VIRG'[, :A STATE P',_AN COORDINATE SYSTEM SOUTH ZONE GRAPHIC SCALE 1 tach = 100 fL I- BRABHAM PETROLEUM PROPOSED REZONING 752 ORANGE AVENUE ~PROPOSED REZONING~_ ~. LM to C-3 L N&W RAILROAD' 19. ~6 NORFOLK ,AVENUE 0 L# ¢*~) NUMBER - 12211227z~ PUBLISHFR'S FEE - $131,~0 EDWARD A NATT 1919 ELECTRIC RD SW ROANOKE VA 24018 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION It (THE UNOERSIGNED) AN AUTHORIZED REPRESENTATIVE OF THE TIMES-WORLD COR- PORATION~ WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES & WORLD-NEWSy A DAILY NEWSPAPER PUBLISHED iN ROANOKE+ IN THE STATE OF VIRGINIAt DO CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 12/24/93 MORNING 12/31/93 MORNING WITNESS, THIS 1ST O~Y OF JANUARY 1994 ;,,,: - _~¢.._.,_ _..~,~_.__ e.,':'.~,'.."..-- AIJTHOR I~ ED SIGNATURE NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, January 10, 1994, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from LM, Light Manufacturing District, District, the following property: Three tracts of land designated as 1010301, 1010302 and 1010303 with being 143 Norfolk Avenue, S.W., and 129 Norfolk Avenue, S.W., to C-3, Central Business Official Tax Nos. property addresses 133 Norfolk Avenue, S.W., respectively. A copy of this proposal the Office of the City Clerk, parties in interest may appear the question. GIVEN under my hand this is available for public inspection in Room 456, Municipal Building. Ail on the above date and be heard on 20th day of December , 1993. Mary F. Parker, City Clerk. Publish twice in the Roanoke Times and World-News, once on Friday, December 24, 1993, and once on Friday, December 31, 1993. Send publisher's affidavit to: Send bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron and Agee 1919 Electric Road, S. W. Roanoke, Virginia 24018 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: '93 1),!;0-.7 Pd:21 Request from Cynthia A. Gardner, represented by Edward A. Natt, ) attorney, that three tracts of land located at 129, 133 and 143 Norfolk ) Avenue, S.W., identified as Official Tax Nos. 1010301 through )AFFIDAVIT 1010303, inclusive, be rezoned from LM, Light Manufacturing ) District, to C-3, Central Business District. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1- 341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 6th day of December, 1993, notices of a public hearing to be held on the 15th day of December, 1993, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: parcel 1010304 1010401 1010403 1010403 1010404 1010405 Owner, Agent or Occupant James and Vicki Leonard L & M Properties CSW Associates Robert Earl Zim~nerman, Jr. Richard and Ruth Whitaker John and Katherine Prusak First National Exchange Bank Trustee for Lowe Norfolk Southern Corporation 1010406 1010407 101O408 Address 1935 Hope Road, SW Roanoke, VA 24018 3635 Manassas Drive, SW Suite B Roanoke, VA 24018 P. O. Box 1510 Grundy, VA 24614 912 Salem Avenue, SW Roanoke, VA 24016 1510 Langhorne Street, SE Roanoke, VA 24013 133 Salem Avenue, SW Roanoke, VA 24011 3710 Laymantown Road Troutville, VA 24175 P. O. Box 13327 Roanoke, VA 24040 8 North Jefferson Street Roanoke, VA 24016 a Pace Franklih SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 6th day of December, 1993. Notary Public My Commission Expires: NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, December 15, 1993, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., in order to consider the following: Request from Cynthia A. Gardner, represented by Edward A. Natt, attorney, that three tracts of land located at 129, 133, and 143 Norfolk Avenue, S.W., identified as Official Tax Nos. 1010301 through 1010303, inclusive, be rezoned from LM, Light Manufacturing District to C-3, Central Business District. A copy of said application is available for review in the Office of Community Planning, Room 162, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please run in newspaper on Tuesday, Nove~nber 30, 1993 and Tuesday, December 7, 1993. Please bill: Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron and Agee, PC 1919 Electric Road, S.W. Roanoke, VA 24018 Please send affidavit of publication to: Office of Community Planning Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 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 November 11, 1993 File #51 Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Edward A. Natt, Attorney, representing Cynthia Gardner, requesting that three tracts of land located at 143, 133 and 129 Norfolk Avenue, S. W., identified as Official Tax Nos. 1010301, 1010302 and 1010303, be rezoned from LM, Light Manufacturing District, to C-3, Central Business District. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm gardner Enc. pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Ferguson, Natt, Aheron and Agee, P. C., 1919 Electric Road, S. W., Roanoke, Virginia 24011 John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W.. Room Roanoke. Virsinia 24011 Telephone: (703) 9~ 1-2.~41 SANDRA H. EAKIN Deputy City Clerk January 21, 1994 File #51 Edward A. Natt, Attornoy Osterhoudt, Ferguson, Natt, Aheron and Agee 1919 Electric Road, S. W. Roanoke, Virginia 24011 Dear Mr. Natt: I am attaching copy of Ordinance No. 31826-011894 rezoning a tract of land located at 1910 McVitty Road, S. W., identified as Official Tax No. 5100809, from RS-I, Residential Singie-Famfly, Low Density District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioner. Ordinance No. 31826-011894 was adopted by the Council of the City of Roanoke on first reading on Monday, January 10, 1994, also adopted by the Council on second reading on Tuesday, January 18, 1994, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. pc: Mr. Gene Galvin, 5040 Gatewood Avenue, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Charles R. Clark, Sr., 2154 McVitty Road, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Gene C. Comer, 5053 Gatewood Avenue, S. W., Roanoke, Virginia 24018 Edwkrd A. Natt, Attorney ° January 21, 1994 Page 2 pc: Mr. and Mrs. Joseph L. Mullins, 5047 Gatewood Avenue, S. W., Roanoke, Virginia 24018 First Virginia Bank - Southwest, P. O. Box 7585, Roanoke, Virginia 24019 Coots Ward Management Company, 2121 Electric Road, S. W., Roanoke, Virginia 24018 Mr. J. Gregory Tinaglia, 1940 Electric Road, S. W., Roanoke, Virginia 24018 Gofland Limited Partnership, c/o Osterhoudt, Ferguson, Natt, Aheron & Agee, 1919 Electric Road, S. W., Roanoke, Virginia 24018 Good Shepherd Lutheran Church and Pre-School, 1887 Electric Road, S. W., Roanoke, Virginia 24018 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director of Real Estate Valuation Doris K. Layne, Account Technician, Real Estate Valuation William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities and Operations Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner John R. Marlies, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, The 18th day of January, 1994. No. 31826-011894. VIRGINIA, AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 510, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-l, Residential Single Family, Neighborhood Commercial District, proffered by the applicant; and WHEREAS, the City Planning Low Density District, to CN, subject to certain conditions Commission, which after giving proper notice to all concerned as required by S36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on January 10, 1994, after due and timely notice thereof as required by S36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 510 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property located at 1910 McVitty Road, S.W., and designated on Sheet No. 510 of the Sectional 1976 Official Tax No. 5100809, be, and Residential Single Family, Low Neighborhood Commercial District, Zone Map, City of Roanoke, as is hereby rezoned from RS-i, Density District, to CN, subject to the following proffers: (1) renovations and alterations will be made to the interior of the existing structure only, and (2) the property shall be used only for the purpose of a professional office building, as more fully set forth in the Petition, filed in the Office of the City Clerk on November 10, 1993, and that Sheet No. 510 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke City Planning Commission January 10, 1994 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Donald R. Alouf, represented by Edward A. Natt, Esquire, attorney, that property located at 1910 McVitty Road, S.W., Official Tax No. 5100809, be rezoned from RS-l, Residential Single Family, Low Density District to CN, Neighborhood Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Background: Purpose of the rezoning request is provide for the interior renovations and conversion of an existing single family structure to a professional office building. Petition to rezone was filed on November 10, 1993. The following conditions were proffered by the petitioner: Renovations and alterations will be made to the interior of the existing structure only. No renovations or alterations will be made to the exterior of said structure. The rezoned property shall be used only for the purpose of a professional office building. Planning Commission public hearin~ was held on Wednesday, December 15, 1993. Mr. Ed Natt, attorney, appeared before the Commission on behalf of the petitioner. Mr. Natt informed the Commission that the structure in question had been rented as a residence prior to its vacancy three years ago. He noted that the house needed some repairs and read the two proffered conditions to the Commission. Mr. Natt also informed the Commission that he had met and talked with representatives from the area's neighborhood organization in regard to the development plans for the property. He then proceeded to summarize the redevelopment potential of the property given its orientation to Route 419, the Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2344 Members of Council Page 2 January 10, 1994 adjoining office development, and the screening and buffering requirements that would be complied with to separate the proposed use from the few adjoining residential properties. Mr. Marlles gave the staff report. He stated that the planning staff was recommending approval of the request fmding that the proposed reuse of the property would provide a good transition from the single family residential area and the highway oriented uses and development. He further stated that staff had deliberated on whether C-1 or CN was the most appropriate zoning for this property, but concluded that CN was the better choice because of the less intensive uses permitted in that district. Mr. Marlles further stated that the neighborhood representatives concurred with the CN zoning over the C-1 designation. Mr. Gene Galvin (5040 Gatewood Lane, SW) appeared before the Commission and stated that he was a new resident in the area and voiced his concerns about a possible fast food restaurant or other undesirable use on the property in the future. Mr. Butler, Planning Commission member, responded by stating that the petitioner specifically proffered the use of the property as a professional office and no other use would be permitted. He further stated that if any other use was proposed, another public hearing as this one, would have to be held. Mr. Joe Mullins (5047 Gatewood Lane, SW) appeared before the Commission and stated his concerns about possible water problems on Gatewood Lane. Mr. Marlles stated that if the rezoning of the property was approved, that a site plan would have to be prepared and reviewed for any physical site improvements and that during that review, all drainage issues would be addressed. Mr. Mullins stated he was opposed. There was no further discussion pertaining to this matter. II. Issues: Ao Zoning of the subject property is RS-l, Residential Single Family, Low Density District. The surrounding zoning pattern in the area is as follows: to the north and east is RS-l, Residential Single Family District; to the northwest and to the immediate south is C-l, Office District; and to the west is a mix of residential and commercial zoning in the County. Members of Council Page 3 January 10, 1994 Bo Land use of the subject property is a vacant two story single family residence with two (2) detached accessory structures located in the rear portion of the lot. Surrounding land uses in the area are as follows: to the north and east are single family residences; to the northwest is a bank and insurance office; to the west is a church and service station; and to the south is a professional office park, a portion of which is currently under construction. Co Access to the property is from the adjoining public streets, Electric Road and McVitty Road. The City Traffic Engineer has stated that no traffic impacts are anticipated from the proposed redevelopment of the site as a office building. Neighborhood organization is the Greater Deyerle Neighborhood Association. The Planning office notified the president of the organization in writing on November 15, 1993, and as of the writing of this report, no comments have been received by this office. E. Comt>rehensive Plan recommends that: Expansion of commercial development is carefully evaluated to ensure minimal conflict with residential areas and to promote good land use. 2. Neighborhood character and environmental quality be protected. III. Alternatives: A. City Council approve the rezoning request. Zoning of the subject property would become conditional, CN, Neighborhood Commercial District and the adaptive reuse of the existing structure for professional office would be allowed to take place. Land use would become a professional office building. As part of the adaptive reuse of the property and the installation of the required off-street parking area for the proposed office space, screening and buffer requirements would be imposed because the site does adjoin a residentially zoned and developed area to the east. Access to and from the site can safely be provided by the adjoining public streets, Electric Road and McVitty Road. The City Traffic Engineer has stated that given the proposed use of the property as office space and its street access, no traffic impacts are anticipated from this adaptive reuse of the property. Members of Council Page 4 January 10, 1994 Neighborhood would have no negative impact from the proposed office use of the property oriented towards Electric Road, a major arterial highway, and McVitty Road, a primary residential collector street. Furthermore, the use of the property would serve as a buffer and transitional area from the traffic and other nonresidential uses along Electric Road (Route 419) and the adjoining single family neighborhood. 5. Comprehensive Plan issues as set forth would be followed. B. City Council deny the rezoning request. Zoning of the subject property would remain RS-l, Residential Single Family District. The proposed redevelopment of the subject property as a professional office building would not be allowed to occur. Land use would remain a vacant, two story single family residence not conducive for residential purposes. 3. Access to the site would not be an issue. Neighborhood would remain unchanged except for the continued presence of a vacant residential structure at one of the area's major traffic/entrance intersections. 5. Comprehensive Plan issues as set forth could be followed at a later date. IV. Recommendation: The Planning Commission, by a vote of 7-0, recommended approval of the requested rezoning finding that the subject property meets the purpose and intent of the neighborhood commercial zoning classification. Furthermore, the conditional rezoning would facilitate the adaptive reuse of a vacant residential structure as well as would provide a transitional buffer area from the major arterial corridor (Route 419) to the residential uses to the east of the site. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission Members of Council Page 5 January 10, 1994 CAP:EDD:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Economic Development Specialist Attorney for the Petitioner IN THE coUNCIL OF THE CITY OF ROANOKE, VIRGINIA 'iD-' D '~ ~'~ ~ IN RE: Rezoning of a tract of land lying in the city of Roanoke, Virginia, at 1910 McVitty Road containing 1.07 Acres, and designated Tax Map #5100809, from RS-1 (Single Family Residential) to CN (Neighborhood Commercial), such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Donald R. Alouf, owns land and an existing structure in the city of Roanoke containing 1.07 acres, more or less, located at 1910 McVitty Road, Tax Map No. 5100809. said tract is currently zoned RS-1 (Single Family Residential). A map of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, code of the City of Roanoke 1979), as amended, the Petitioner requests that the said ,roperty be rezoned from RS-1 (Single Family Residential) to CN Neighborhood Commercial) for the purpose of interior .enovations to an existing structure for a professional office building. The Petitioner believes the rezoning of the said tract of land will further the intent and purpose of the city's Zoning Ordinance and its comprehensive plan, in that it will permit an existing structure oriented toward Route 419 to b~ used as a essional office building with its existing residential Lrance without disrupting the neighborhood. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: 1. Renovations and alterations will be made to the interior of the existing structure only. No renovations or ~lterations will be made to the exterior of said structure. 2. The rezoned property shall be used only for the purpose of a professional office building. Attached as Exhibit B are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the city of Roanoke. RESPECTFULLY submitted this ~O day of November, Respectfully submitted, By: 1993. Of Counsel Edward A. Natt, Esq. OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. 1919 Electric Road, S.W. Roanoke, Virginia 24018 VBC ~1104 U~na-Yd R. Alouf P.O. ~o~ ~oa~o~e, ~ ~018 ,I 5i005Z7 _~.~ o O~ ~ 0 © © © L,,~ C o? C Tax Ma Number 5100808 5100528 i100527 5100526 5100525 5100901 5090209 5090277 (Roanoke County) (Roanoke county) EXHIB IT___~B Owner's Name/Address Jerry W. & Priscilla J. Naff Gatewood Avenue, SW Roanoke, VA 24018 Charles R., Sr., & Rebecca H. 2154 McVitty Road, SW Roanoke, VA 24018 Clark (Same as 5100528) Gene C. & Cathy H. Comer 5053 Gatewood Avenue, SW Roanoke, VA 24018 Joseph L. & Mary M. Mullins 5047 Gatewood Avenue, SW Roanoke, VA 24018 First Virginia Bank - Southwest P. O. Box 7585 Roanoke, VA 24019 Coots Ward Management Company 2121 Electric Road, SW Roanoke, VA 24018 J. Gregory Tinaglia 1940 Electric Road, Roanoke, VA 24018 SW Gofland Limited Partnership c/o Osterhoudt, Ferguson, Natt, Aheron & Agee, P.C. 1919 Electric Road, $.W. Roanoke, VA 24018 Good Shepherd Lutheran church & Pre-School 1887 Electric Road, S.W. Roanoke, VA 24018 4 DONALD ALOUF PROPOSED REZONING 1910 McVITTY ROAD, SW ~ ¢o'e¢ pROpOSED ~_- 78.64 RS-1 TO CN CONDITIONAL '° 4000 '~C GATE W( 33; kOANOKE TIt"ES & ,,_RLu-N. ',S ~ NUMBER - 1~211393~ -r.,, PUBLISHER'S FEE ~.93. bO EDWARD A NATT 1919 ELECTRIC RD SW ROANOKE VA 2401B STATE OF VIRGINIA CITY OF ROANOKE AFFIOAVIT OF PUBLICATION I, (THE UNDERSIGNED) AN AUTHORIZED REPRESENTATIVE OF THE TIMES-WORLD COR- PORATION, WHICH CORPORATION IS PUBLISHER OF THE ROANBKE TIMES g WORLD-NEWS, A BAILY NEWSPAPER PUBLISHED IN ROANOKE~ IN THE STATE DF VIRGINIA, DD CERTIFY THAT THE ANNEXED NOTICE ~AS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 12124/93 MORNING 12/31/93 MORNING WITNESS~ THIS 1ST DAY OF JANUARY 1994 .., GNATURE TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINI~T ''~' ~ PERTAINING TO THE REZONING REQUEST OF: '93 DFC-7 P4:21 Request from Donald R. Alouf, represented by Edward A. Natt, ) attorney, that a tract of land located at 1910 McVitty Road, ) S.W., containing 1.07 ac, more or less, identified as Official Tax )AFFIDAVIT No. 5100809, be rezoned from RS-1, Residential Multi-Family ) Residential District, to CN, Neighborhood Commercial District, ) such rezoning to be subject to certain conditions proffered by the ) petitioner. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1- 341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 6th day of December, 1993, notices of a public hearing to be held on the 15th day of December, 1993, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner, Agent or Occupant Address 5100808 Jerry and Priscilla Naif 5040 Gatewood Avenue Roanoke VA 24018 5100528 5100527 Charles and Rebecca Clark 2154 McVitty Road, SW Roanoke, VA 24018 5100526 Gene and Cathy Comer 5053 Gatewood Avenue Roanoke VA 24018 5100525 Joseph and Mary Mullins 5047 Gatewood Avenue Roanoke VA 24018 5100901 First Virginia Bank - SW P. O. Box 7585 Roanoke, VA 24019 5090209 Coots Ward Management Company 2121 Electric Road, SW Roanoke. VA 24018 5090277 J. Gregory Tinaglia 1940 Electric Road, SW Roanoke, VA 24018 County Gofland Limited Partnership 1919 Electric Road, SW c/o Osterhoudt, Ferguson, Natt, Aheron & Agee Roanoke, VA 24018 County Good Shepherd Lutheran Church and Pre-School 1887 Electric Road, SW Roanoke, VA 24018 Mar[ha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 6th day of December, 1993. Notary Public My Commission Expires: NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public heating on Wednesday, December 15, 1993, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., in order to consider the following: Request from Donald R. Alouf, represented by Edward A. Natt, attorney, that a tract of land located at 1910 McVitty Road, S.W., containing 1.07 acre, more or less, identified as Official Tax No. 5100809, be rezoned from RS-i, Residential Single Family District, to CN, Neighborhood Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. A copy of said application is available for review in the Office of Community Planning, Room 162, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please run in newspaper on Tuesday, November 30, 1993 and Tuesday, December 7, 1993. Please bill: Please send affidavit of publication to: Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron and Agee, PC 1919 Electric Road, S.W. Roanoke, VA 24018 Office of Community Planning Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room ~,56 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAK1N Deputy City Clerk November 11, 1993 File #51 Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Edward A. Natt, Attorney, representing Donald R. Alouf, requesting that a tract of land located at 1910 McVitty Road, S. W., containing 1.07 acre, more or less, identified as Official Tax No. 5100809, be rezoned from RS-l, Residential Singie-Family District, to CN, Neighborhood Commercial District, subject to certain proffered conditions by the petitioner. Sincerely, ~gL~ Mary F. Parker, CMC/AAE City Clerk MFP: sm r/alouf Enc. pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Ferguson, Natt, Aheron and Agee, P. C., 1919 Electric Road, S. W., Roanoke, Virginia 24018 John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (?03) 9~1-2541 SANDRA H. EAKIN Deputy City Clerk January 21, 1994 File #2-166-207-468 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31832-011894 authorizing the lease of approximately 140 acres of land located within the Roanoke Centre for Industry and Technology to Robert W. Hylton, at a lease fee of $20.00 per acre per year for a term of five years, upon certain terms and conditions, as more particularly set forth in a report of the Water Resources Committee under date of January 10, 1994. Ordinance No. 31832-011894 was adopted by the Council of the City of Roanoke on first reading on Monday, January 10, 1994, also adopted by the Council on second reading on Tuesday, January 18, 1994, and will take effect ten days following the date of its second reading. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Mr. Robert W. Hylton, Hylton Charolais Farms, Route 2, Box 424, Hardy, Virginia 24101 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Deborah J. Moses, Chief of Billings and Collections Kit B. Kiser, Director, Utilities and Operations Glenn D. Radcliffe, Director, Human Development W. Robert Herbert January 21, 1994 Page 2 pc: Kenneth S. Cronin, Personnel Manager Glenn A. Asher, Risk Management Officer William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Richard V. Hamilton, Real Estate Agent Phillip F. Sparks, Acting Chief, Economic Development IN THE COUNCIL OF THE CITY OF ROANOKE, The lSth day of January, 1994. No. 31832-011894. VIRGINIA, AN ORDINANCE authorizing the lease of certain City-owned property to Robert W. Hylton, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, an appropriate lease agreement with Robert W. Hylton, providing for the lease of approximately 140 acres of land located within the Roanoke Centre for Industry and Technology at a lease fee of $20.00 per acre per year for a five-year term with Lessee agreeing to (a) comply with all applicable regulations, (b) provide appropriate indemnification and insurance coverage, and (c) comply with such other terms and conditions particularly set forth in Committee dated January 10, as are deemed appropriate and as more the report of the Water Resources 1994. ATTEST: City Clerk. '94 J/ N-4 9:49 Roanoke, Virginia January 10, 1994 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Farm Land Lease "Douthat Farm" (RCIT) The attached report was considered by the Water Resources Committee at its regular meeting on December 20, 1993. The Committee recommends that Council authorize the lease of farming rights to the "Douthat Farm" portion of RCIT to Robert W. Hylton, in accordance with conditions stated in the attached report. Respe_ctfully submitted, E 'zabeth T. Bowles, Chairperson Water Resources Committee ETB:KBK:afm Attachments cc: City Manager City Attorney Director of Finance Director of Utilities & Operations Chief, Economic Development Manager, Parks & Grounds Robert W. Hylton, Hylton Charolais Farms INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: December 20, 1993 Bmbers, ~;ate. r Resources Committee · Kiser, Di~_~tilities W. Robert Herbert~]~ Manager FARM LAND LEASE "DOUTHAT FARM" (RCIT) & Operations, thru I. Background: A. Douthat Farm acquired by City in October 1989. Purchase Order No. 97350, dated November 21, 1990, employed the services of Eagle Valley Ranch, c/o Paul Umbarger, to provide labor and materials to curtail vegetation growth to 12 inches for the period November 15, 1990 thru June 30, 1991, with the stipulations that vendor will be permitted to graze livestock, mow hay or till crops on the property and will provide and maintain fencing to secure livestock and assume all liability for damage to and by his actions or actions of his livestock, machinery, equipment, employees and guests. P.O. could be cancelled upon 30 days notice. Lease of property to Paul Umbarger, owner or principal of Eagle Valley Ranch for a five (5) year period beginning on July 1, 1991, with future extensions on a year-to-year basis permitted by agreement of the parties, was authorized by City Council by Ordinance No. 30626-72291, providing for a lease fee of $20.00 per acre per year ($2,800.00 per year). (See attached leased.) Paul Umbarqer and his employees have made many improvements to the fencing around the property. II. Current Situation: The death of Paul Umbarger, re-evaluation of Eagle Valley Ranch ownership, and liquidation of his estate's assets has removed his cattle from the property and ended Eagle Valley Ranch's operations. Water Resources Committee RE: DOUTHAT FARM LAND LEASE Page 2 Request to assume use of property for an identical farming operation using the name "Hylton Charolais Farms" under the same terms and conditions as the Umbarger lease has been received from Robert W. Hylton, who previously supervised most Eagle Valley Ranch Operations. (See attached letter.) Mr. Hylton has reportedly been told by Mr. Umbarger heirs that he may in the future resume bring in the name of Eagle Valley Ranch and use that company's tax number. III. Issues: A. Need B. Timinq C. Cost to City D. Income to City E. Indemnification & General Liability Insurance IV. Alternatives: Committee recommend to City Council that it authorize the appropriate City officials to execute a lease of the approximately 140 acre "Douthat Farm", a portion of RCIT, to Robert W. Hylton at a lease fee of Twenty Dollars ($20.00) per acre per year, for a five (5) year term, which will automatically extend on a year-to-year basis thereafter unless cancelled by either party, lease to be terminable by either party at any time upon thirty (30) days written notice. Lessor to have the option, to require Lessee to move or remove crops and cattle from all or portions of the property if and when it/they are to be developed for industrial purposes. The lease fee to be adjusted annually based upon the total acreage remaining in farm use on July 1 of each year should the lessor remove portions of the property for industrial purposes. Lessor will attempt to time repossession of the land so as to allow reasonable time for standing crops to mature and be harvested. 1. Need by City for means to keep growth down on property and petitioner for farm land is met. 2. Timinq to execute new lease to provide continuity in use of property is met. Water Resources Committee RE: DOUTHAT FARM LAND LEASE Page 3 3. Cost to City is zero. 4. Income to City is $20.00 per acre per year ($2,800.00 per year). 5. Indemnification and Commercial General Liability Insurance including bodily injury and property damage with minimum limit of $1,000,000.00 per occurrence with the City named as additional insured will be provided by Robert W. Hylton in form approved by the City Attorney and Risk Manager. Committee not recommend to City Council that it authorize the lease of farming rights to the "Douthat Farm" portion of RCIT to Robert W. Hylton. 1. Need by City for means to keep growth down and by Hylton Charolais Farms for farm land is not met. 2. Timinq to execute lease and provide continuity for farming operations is not met. 3. Cost to City is cost of maintaining 140 acres of farm area. 4. Income to City is zero. Indemnification and General Liability Insurance is not an issue. Recommendation: Committee recommend to City Council that the "Douthat Farm" portion of RCIT be leased to Robert W. Hylton in accordance with Alternative "A". KBK/RVH/fm cc: City Attorney Director of Finance Director of Public Works Chief, Economic Development Manager, Parks & Grounds Robert W. Hylton, Hylton Charolais Farms Robert W. Hylton Route 2, Box 424 Hardy, VA 24101 December 3, 1993 Hr. Kit Kiser City of Roanoke 214 Church Ave., SW Roanoke, VA 24011 Dear Hr. and Mr. Industry and Technology. Mr. Umbarger Kiser: I am enclosing copy of contract between the City of Roanoke Paul Umbarger for lease of 140 acres in the Roanoke Centre for is now deceased and his family has sold all his property, of H¥1ton Very truly yours, Robert W. (Bobby) Cooper's Cove would Hylton cattle. However, I would like to continue operating this under the same conditions as the contract, in the name ~ Farms. Please advise mo if this is possible and what stops I need to take to got the contract assigned to mo. THIS DEED OF LEASE, made as of this 1st day of July, 1991, by and between CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of Virginia, "Lessor," and PAUL UMBARGER, hereinafter referred to as "Lessee," W I TNES SETH: THAT, IN CONSIDERATION of the sum of TWENTY DOLLARS ($20.00), per acre per year, payable by Lessee to Lessor in advance, and mailed to Lessor's Office of Billings and Collections, and of the agreement by Lessee to be bound by the covenants set out below, Lessor leases to Lessee the following described real estate lying in the City of Roanoke, Virginia for a term set out below from the date hereof. The 140 acre parcel located in the Roanoke Centre for Industry and Technology known as the "Douthat Farm" excluding the two residential structures but including accessory storage end barn structures, and as more particularly set forth In the report to City Council dated July 8, 1991, and incorporated by reference herein. This Lease, however, is subject to the following covenants, running with the title to that above land, by which Lessee as evidenced by its signature on this lease, agrees to bind itself. 1. There shall be no major alterations of the premises, without Lessor's prior written approval. 2. Lessee agrees to be responsible for all maintenance of any kind on the premises. Lessee shall maintain all fencing, maintain all vegetation to a height below 12 lnches, and shall utilize the premises solely for agricultural purposes, including the grazing of cattle. Lessor shall have the option, in Its sole end exclusive discretion, to require Lessee to move or remove crops and cattle from all or portions of the property at any time. The lease fee shall be adjusted annually based upon the total acreage remaining in farm use on July I of each year should the Lessor remove portions of the property for industrial purposes. This lease shall be terminable by either party upon thirty (30) days written notice and in any event this lease shall terminate and end no later than June 30, 1997. This lease may be extended on a year to year basis thereafter on the mutual agreement of the parties. Lessee shall carry acceptable tenant's coverage to include personal liability coverage in the amount of $1,000,000.00 each occurrence with medical payments coverage for the premises leased hereunder. Lessee shall furnish and keep on file with Lessor's City Clerk a certificate of such insurance which shall provide that Lessor, its officials, officers, agents and employees, are additional insureds under said policy, and that said policy cannot be cancelled or materially modified except upon thirty (30) days advance written notice to Lessor. Lessee further agrees to be responsible for purchasing any contents insurance coverage it may deem necessary for property brought onto leased premises. Lessee shall pay all utility connections and services charges with respect to the premises. This lease is not assignable without the prior written consent of the Lessor. Lessee agrees not to allow possession of the above real estate that is not conformity with the intent of the parties hereto. Lessor and Lessor's agents and invitees shall be allowed unlimited access to the premises during the term of this lease. Lessee shall indemnify and hold Lessor, its officers, agents and employees forever harmless from and against all liability, loss or expense of any kind including without limitation, attorney's fees imposed upon or incurred by Lessor by reason of legal liability for injuries to persons (including wrongful death) .and damages to property on the premises or caused by Lessee's use or occupancy of the demised premises or otherwise by Lessee's operations or activities on such premises. Any notice or other communication from either party to the other pursuant to this agreement shall be deemed sufficiently given or communicated if sent by first class mall, with proper postage prepaid, addressed to the party to whom intended, at the following address: For Lessor: City of Roanoke For Lessee: Attention: City Manager 364 Municipal Building Roanoke, Virginia 24011 Paul Umbarger WITNESS the following signatures and seals. ATTEST: CITY OF ROANOKE, VIRGINIA By: Its: Mary F. Parker, City Clerk Paul Umbarger ! STATE OF VIRGINIA S S S The foregoing instrument was acknowledged before me this day of , 19 , by of the City of Roanoke, for and behalf of said municipal corporation. My Commission expires: Notary Public STATE OF VIRGINIA S i 2, s The foregoing instrument was acknowledged before me this '~,~ , 19~, by Paul U~arger. of My Co~lssion expires: ~,' Q. ~~ ~e~ ~, t~9~ 0 Nota~ Public the on CERTIFICATE OF INSURANCE CORRECTED COPY This is to Certify, that polici~ in the name of Paul Umbarger 5048 Hunting Hills Square Roanoke, VA 240].4 are in force at the date hereof, as follows: KIND OF POLICY POLICY LIMITS OF LIABILITY INSURANCE NUMBER PERIOD 8ODILY INJURY PROPERTY DAMAGE WO R KE RS' Provided by Workers' COMPENSATION Elf. Compensation Law-State of NIL Exp. AUTOMOBILE LIABILITY [] Owned Automobiles Eft. , $ ,000 Each person , $ ,000 Each accident [] Hired Automobiles Exp. $ ,000 Each accident [] Non-Owned Automobiles COMPREHENSIVE AUTO. Eft. $ ,000 Each person $ ,000 Each occurrence MOBILE LIASILITY Exp. $ ,000 Each occurrence OTHER: Eft. Exp. LIMITS OF LIABILITY COMBINED SINGLE LIMIT COMPREHENSIVE GENERAL Eft. $ ,000 Each occurrence LIABILITY Exp. ,000 Each aggregato MANUFACTURERS' AND Eft. $ .000 Each occurrenca CONTRACTORS' LIABILITY Exp. ,000 Each OWNERS', LAHOLORD$' GL 20 35255 Elf.12/0 2/91' $1,00 0 .000 Each occurrence AND TENANTS' LIABILITY Exp. 12/O2/!13 CONTRACTUAL Eft. S ,000 Each occurrence LIABILITY Exp. ,000 Each SPECIAL MULTI Eff. S ,000 Each occurrlnca PERIL Exp. ,000 Each aggrlgate OTHER: Eft. $ ,000 Each occurTcnca Exp. ,0O0 Each aggregatl In the event of any materiel chenQ~ in, or cancellation of, said policies, the undersigned company will ond#vor to give wri~en notice to the party to whom this certificate is issued, but faiiurl to give such Aotica shill impose no obligation nor liability upon the company, Doted: July 10, 1991 H~m~ ~ -~ William, R. Barham CERTIFICATE ISSUED TO: Attention: Kit Kiser City of Roanoke 2]5 Church Ave, SW L Roanoke, VA 24011 GU6848 NEW ED. 3-83