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HomeMy WebLinkAboutCouncil Actions 02-14-94BOWl Jl~S 31861 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL February 14, 1994 7:30 p.m. AGENDA FOR THE COUNCIL e Call to Order-- Roll Call. Counci~ Member Musser was absent. The Invocation was delivered by The Reverend Edward T. Burton, Pastor, Sweet Union Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. CONSENT AGENDA (APPROVED 6-0) Al.[. MATrERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MAYOR AND MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM, OR FORMS, LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRF. D, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 A communication from Mayor David A. Bowers requesting an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1- 344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. C-2 A communication from Mayor David A. Bowers transmitting correspondence from Fred P. Roessel, Jr., Ph.D., Executive Director, Blue Ridge Community Services, requesting Council's concurrence in the election of John M. Hudgins, Jr., to fill an existing vacancy as an at-large member of the Board of Directors of Blue Ridge Community Services. RECOMMENDED ACTION: Concur in the recommendation. C-3 Qualification of Stanley R. Hale as a member of the Industrial Development Authority of the City of Roanoke for a term of four years ending October 20, 1997. RECOMMENDED ACTION: Receive and file. A report of the City Manager requesting that City Council convene in Executive Session to discuss expansion of an existing business when no previous announcement has been made, pursuant to Section 2.1-344 (A)(5), Code of Virginia (1950), as amended. 2 REGULAR AGENDA 3. HEARING OF CITIZENS UPON PUBLIC MATI'ERS: ao Presentation with regard to the future of the area between the Hotel Roanoke and Henry Street, including the former N & W General Office Buildings and the old Stone Printing Company building. Robert K. France, President, Roanoke Valley Preservation Foundation. Received and filed. 4. PETITIONS AND COMMUNICATIONS: A communication from the Roanoke City School Board recommending approval of a State Literary Fund loan application, in the amount of $1.0 million, to provide funds for construction of an addition and improvements to Wasena Elementary School. Adopted Resolution No. 31861-021494. (6-0) Council Member Harvey requested that the City Manager submit a recommendation to Council as tO how the City might express its appreciation to those employees who worked diligently to keep the City operating during recent snow and ice related conditions. Council Member Edwards requested that the City Manager explore the feasibility and costs relative to a systematic approach to installing underground utility lines in both residential and commercial areas of the City. 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: None. 3 ITEMS RECOMMENDED FOR ACTION: A report recommending execution of an agreement with the Virginia Department of Transportation and the Roanoke Redevelopment and Housing Authority in connection with relocation and acquisition of dwellings located at 42 and 56 Wells Avenue, N. E., as well as execution of an amendment to the City's agreement with the Roanoke Redevelopment and Housing Authority for Community Development Block Grant funding. Adopted Resolution No. 31862-021494. (6-0) A report recommending execution of agreements with Norfolk- Southern Railway to allow for construction of the Carvins Cove Transmission Waterline from Caxvins Cove to Crystal Springs, and to accept ownership of the pedestrian underpass at Jefferson Street. Adopted Ordinance No. 31863-021494. (6-0) go A report recommending an additional expenditure, in the amount of $52,450.00, to cover certain expenses related to acquisition of the Miller Morgan & Company property which is needed in connection with the Jail Expansion Project. Concurred in the recommenda6on. A report recommending acceptance of additional funds, in the amount of $108,687.00, from the U. S. Department of Justice, Forfeited Property Sharing Program; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 31864-021494. (6-0) 4 b. CITY CLERK: A report requesting that certain dates be established in connection with the selection process for Trustees of the Roanoke City School Board. Deferred until the next regular meeting of Council on Tuesday, February 22, 1994. 6. REPORTS OF COMMITrEES: None. 7. UNFINISHED BUSINESS: None. 8. INTRODUCTION AND CONSIDERATION ORDINANCES AND RESOLUTIONS: None. OF 9. MOTIONS AND MISCELLANEOUS BUSINESS: bo Inquires and/or comments by the Mayor and Members of City Council. Adopted Resolution No. 31865-021494 expressing the support of City Council for conslxuction by the Walt Disney Company of Disney's America in Prince William County and urging the General Assembly to approve a bond issue to provide funding for required roads and other public improvements to permit the Walt Disney Company to make this investment in Virginia. (6-0) Vacancies on various authorities, boards, commissions and committees appointed by Council. 5 10. OTI~.R HEARINGS OF CITIZENS: Mr. Wilbur I. Manning, 4327 Delray Street, N. W., presented a petition signed by 50 persons objecting to the construction of single-family housing in residential neighborhoods that does not conform with existing housing in said neighborhoods. The petition was referred to the City Manager for investigation and report to Council. CERTIFICATION OF EXECUTIVE SESSION. (6-0) Appointed the following persons: Willard G. Light - David K. Lisk - Board of Zoning Appeals Roanoke Neighborhood Committee Parmership Steering David K. Lisk - Beth Poff - Fifth Planning District Commission Special Events Committee Council Member Bowles was appointed as Chairman Pro Tem to preside over the City Council meeting to be held on Tuesday, February 22, 1994. 6 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 February 14, 1994 The Honorable Membsrs of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1- 344 (A)(1), Code of Virginia (1950), as amended. Sincerely, Mayor DAB: se MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 Deputy City Clerk February 17, 1994 File #15-110-314-335 Fred P. Roessel, Jr., Ph.D. Executive Director Blue Ridge Community Services 301 Elm Avenue, S. W. Roanoke, Virginia 24016-4026 Dear Dr. Roessel: I wish to acknowledge receipt of your communication addressed to the Honorable David A. Bowers under date of February 4, 1994, recommending appointment of John M. Hudgins, Jr., to fib an existing vacancy created by the resignation of Harriette Shivers as an at-large member of the Blue Ridge Community Services Board of Directors for a term ending December 31, 1996. At a regular meeting of the Council of the City of Roanoke held on Monday, February 14, 1994, on motion, duly seconded and adopted, the Members of Council concurred in Mr. Hudgins' appointment. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Rita J. Gliniecki, Chairperson, Blue Ridge Community Services Board of Directors, 301 Elm Avenue, S. W., Roanoke, Virginia 24016-4026 Mr. John M. Hudgins, Jr., 58 Sawyer Drive, Salem, Virginia 24153 W. Robert Herbert, City Manager Glenn D. Radcliffe, Director, Human Development Sandra H. Eakin, Deputy City Clerk DAVID A. BOWERS CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011-1594 Telephone: (703) 981-2444 February 10, 1994 The Honorable Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: Please find enclosed correspondence dated February 4, 1994, from Fred P. Roessel, Jr., Ph. D., Executive Director of Blue Ridge Community Services. Mr. Roessel indicates that the Board of Directors of Blue Ridge Community Services requests that John M. Hudgins, Jr., fill an existing vacancy as an at-large member of the Board. He is requesting our concurrence with that recommendation. I would respectfully request that this item be placed on the Consent Agenda for our next meeting of Council and, subject to your approval, that Council, indeed, concur with the recommendation that Mr. John M; Hudgins, Jr., shall be selected to fill an existing vacancy as an at-large member of the Board of Directors of Blue Ridge Community Services. Thank you. Sincerely, David A. Bowers Mayor DAB :jas Enclosure pc: Dr. Fred P. Roessel, Jr., Executive Director, Blue Ridge Community Services Mr. John M. Hudgins, Jr. Ms. Rita J. Gliniecki Mr. W. Robert Herbert, City Manager Mr. Glenn D. Radcliffe, Director, Human Development ;lue Ridge ommun ty ces MAYOR'S OFFICE Rita J'. Gliniecki Chairman John M. Hudgins, Jr. Treasurer Fred P. Roessel, Jr., Ph.D. February 4, 1994 The Honorable David A. Bowers Mayor, City of Roanoke 215 Church Avenue, SW Roanoke, VA 24011 Dear Mayor Bowers: At the February 3, 1994 meeting of the Board of Directors of Blue Ridge Community Services a resolution was passed to recommend Mr. John M. Hudgins, Jr. to fill an existing vacancy as an at-large member of the Board. The bylaws of the Board require that at-large members be recommended by the Board to the five participating localities. All five local governments must concur with the recommendation in order to confirm an a ' ppolntment. Your attention to this matter will be very much appreciated. Sincerely, Fred P. Roessel, Jr., Ph. D. Executive Director FPRjr:cd John M. Hudgins, Jr. Rita J. Gliniecki W. Robert Herbert Glenn Radcliffe EXECUTIVE OFFICES - 301 Elm Avenue, SW, Roanoke, Virginia 24016-4026 (703) 345-9841 Fax: (703) 342-3855 TDD: (703) 345-0690 1 Serving the Cities of Roanoke and Salem, and the Counties of Botetourt, Craig and Roanoke MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vir~ia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk February 17, 1994 File #15-110-207 W. Bolling Izard, Chairperson Industrial Development Authority of the City of Roanoke P. O. Box 18165 Roanoke, Virginia 24014 Dear Mr. Izard: This is to advise you that Stanley R. Hale has qualified as a member of the Industrial Development Authority of the City of Roanoke for a term of four years ending October 20, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: Margaret C. Baker, Secretary, Industrial Development Authority, c/o Roanoke Regional Chamber of Commerce, 310 First Street, S. W., Roanoke, Virginia 24011 Sandra H. Eakin, Deputy City Clerk Oath or Affirmation O~ O~iJ~e i~!l '~!i~, Commonwealth of Virginia, City of Roanoke, to-wit: I, Stanley R. Hale , do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Industrial Development Authority of the City of Roanoke for a term of four years ending October 20, 1997. according to the best of my ability. So help me God. Subscribed and sworn to before me, this /~ day of ARTHUR B. CRUSH, I,,, CLERK. '94 FEB14 P, :37 February 14, 1994 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia 24011 RE: Request for Executive Session Dear Mayor and Members of Council: This is to request that City Council convene in Executive Session to discuss expansion of an existing business when no previous announcement has been made, pursuant to Section 2.1-344(A)(5), Code of Virginia (1950), as amended. Respectfully submitted, W. Robert Herbert City Manager WRH/bw CC: Ms. Mary F. Parker, City Clerk Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Director of Finance Mr. Phillip F. Sparks, Acting Chief of Economic Development ROANOKE VALLEY PRESERVATION FOUNDATION '94 Fi!!",-"1 ''"': Ms. Mary F. Parker Roanoke City Clerk 215 Chumh Ave. SW Roanoke, VA 24011 1 February, 1994 Dear Ms. Parker: This letter confirms our phone conversation of last week. The Roanoke Valley Preservation Foundation requests an opportunity to appear before City Council at Council's earliest convenience. Unless you inform us otherwise, we will assume that this will be as we discussed, at the meeting of February.,/~',~ 7:30 in Council chambers. IR' ~ We are requesting this opportunity in order to discuss the future of the area between the Hotel Roanoke and Henry Street, including the former N&W General Office Buildings and the old Stone Printing Company building. We feel that this area and these buildings are of crucial importance to Roanoke's heritage as a railroad center, and to its future as a city of character and distinction. There have been several plans advanced in recent months for this area. It is not our purpose in this presentation to take sides regarding these or other plans. We do request, rather, that City Council take the time to share in our appreciation for these fine old buildings, and to entertain a vision of future growth and economic well-being that builds upon the unique resoumes of Roanoke's past. Sincerely, Robert France President MARY F. P~J/KER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2~41 SANDRA H. EAKIN Deputy City Clerk February 17, 1994 File #217-467 Charles W. Day, Chairperson Roanoke City School Board 1830 Grayson Avenue, N. W. Roanoke, Virginia 24016 Dear Mr. Day: I am enclosing copy of Resolution No. 31861-021494 authorizing the School Board for the City of Roanoke to expend funds up to $2,400,000.00 for adding to and improving the present school building at Wasena Elementary School. Resolution No. 31861- 021494 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 14, 1994. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno o pc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance E. Wayne Harris, Superintendent of Roanoke City Public Schools Richard L. Kelley, Executive for Business Affairs, Roanoke City Public Schools June S. Nolley, Clerk of the Roanoke City School Board Diane S. Akers, Budget Administrator, Office of Management and Budget IN THE COUNCIL FOR THE CITY OF ROANOKE, The 14th day of February, 1994. No. 31861-021494. VIRGINIA A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for adding to and improving the present school building at Wasena Elementary School and declaring the City's intent to borrow to fund or reimburse such expenditures. BE 1. expend IT RESOLVED by the Council of the City of Roanoke that: The school board of the City of Roanoke is authorized to out of the City's capital improvement fund up to $2,400,000.00 for the cost of adding to and improving the present school building at Wasena Elementary School ("the Project"). 2. In accordance with U. S. Treasury Regulations S1.150-2, it is hereby declared that the City reasonably expects to reimburse expenditures for the Project with proceeds of debt to be incurred by the City. The maximum principal amount of debt expected to be issued for the project is $2,400,000.00. 3. This is a declaration of official intent under Treasury Regulation S1.150-2. 4. The City Clerk is directed to make a copy of this resolution available for public inspection at the City Clerk's Office, 456 Municipal Building, Roanoke, Virginia 24011, within thirty (30) days from the date hereof until the date of issuance of the debt from the proceeds of which the expenditures for the project are to be reimbursed. ATTEST: City Clerk. ,.71~~ Charles W. Day, Chairman M. Wendy O'Neil, Vice Chairman " Morilyn C. Curtis Roanoke City School Board P.O. Box 13145, Roanoke, Virginia 24031 C. Nelson Harris Finn D. Pincus Clubert G. Poff James M. Turner, Jr. E. Wayne Harris, Superintendent [~68iS! ~blley, Clerk of the Board 'g4 · 703-98t-238t · Fax: 703-98t-2951 February 2, 1994 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official School Board action at its meeting of February 1, 1994, the School Board respectfully requests City Council to approve a State Literary Fund loan application in the amount of $1.0 million for the construction cost of the addition and improvements to Wasena Elementary School. The debt service on the loan will increase the School Board's debt service expenditure by $90,000 initially, but no debt service liability is incurred until funds are drawn against the loan account. City Council also is requested to approve an intent statement for the financing of the project. The intent statement has been prepared by the City Attorney's office in cooperation with bond counsel. The School Board appreciates the approval of this request. Sincerely, Clerk of the Board re Eno. cc: Mr. Charles W. Day Mr. E. Wayne Harris Mr. Richard L. Kelley Mr. William L. Murray, Jr. Mr. Kenneth F. Mundy Mr. W. Robert Herbert Mr. Wilbum C. Dibling Mr. James D. Grisso Excellence in Education V.A. 005 1/86 No. APPLICATION FOR LOAN FROM THE LITERARY FUND OF VIRGINIA Name of School Wasena Elementary Name of O6~.r~ity To THE STATE BOARD OF EDUCATION~ Richmond, Virginia: Gentlemen: The School Board for the ObKOf~City of ~ hereby makes application for a loan of $ 1.0 million __ from the Literary Fund of Virginia for the purpose of erecting, enlarging, or altering (making permanent improvement to) a school building located at 1'125 Sh~rwnn,~ Auan.~, $_ W_ --, as follows: Roanoke, VA 24015 (Describe briefly) Adrlitinn - of modernizing an elementary school constructed in '1928. 1. The said building, addition, or permanent improvement described above, to be of brick (Type of construction, brick, frame, etc.) will be used as a e. Jemen~'~ry ~rhnnl __ building, and is estimated to cost $~.4 millinn (Elem., H. S., Comb. E, lem.& H.S.) 2. The total estimated value of the existing school plant, including site, plus the proposed building addition, or perma- nent improvement thereto, is $ 3. There is at present a loan from the Literary Fund on this _Wasena Elementary Rnhnn[__ in the amount of $_ -0- (Building or school plant) 4. The total amount of the loan will not exceed the cost of the building, addition, or permanent improvement there- to, and site, on account of which such loan is made. 5. The site on which this building, addition, or permanent improvement, will be located contains __ ~ ~ acres, of which 3.5 acres are well suited and useable, or can be easily improved and made useable, for playground and recreational purposes. 6. The plans and specifications for the building or improvement, complying with Minimum School Building Re. quirements, have been or will be approved by the division superintendent of schools and the Superintendent of Public Instruction before construction is begun. It is understood that the State Board of Education reserves the right to with- Ad any part or all of the amount of this loan, if the plans and specifications approved by the Superintendent of Public Instruction are not followed. 7. The proposed building, addition, or permanent improvement, is desirable because: (Explain briefly) Permanent improvements are required to modernize electrical, plumbing, mechanical· and structural components of the school, add space for additional classrooms, expand cafeteria and library, and provide handicap access. 8. The present total indebtedness of the County-City for school buildings is $ 17:17f~;9~tf~ $ 1~914~000 is owed to the Literary Fund. , of which 9. This C6~,X~-City has not defaulted or failed to meet its debt service obligations as and when due for the past five years except, as follows: None I0. Adequate and satisfactory supervision of construction will be provided by the school board in accordance with the provisions of "Minimum Requirements and Standards for School Buildings," Regulations State Board of Education. 11. The building or improvement for which this application for a loan is made is part of a long-range planning program in accordance with the provisions of "Minimum Requirements and Standards for School Buildings," Regulations State Board of Education, and is recommended in the study or survey made by (give title and date) Five-Year Capital Im_~rovem__ent Plan, May 1993 12. Thi~ loan is to be made for 20 years, and is to be paid in 20 the rate of 4 per centum per annum, payable annually. annual installments, with interest at .13. The Board of Supervisors for the County, or the Council for the City, has by resolution (page 3 of this application), agreed to provide for the repayment of this loan. 14. The School Board is not in default in the payment of any part of the principal of any previous loan from the Lit- erary Fund and, for at least two years immediately before this loan, has not been more than six months in default in the pay- ment of interest due on any loan from the Literary Fund. Given under my hand this the 1st day of Februar,7 · 1954 . THE SCHOOL BOARD OF Roanoke · Chairman. SEAL (2) MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk February 17, 1994 File #80-184-410 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke held on Monday, February 14, 1994, Council Member Harvey requested that you submit a recommendation to Council as to how the City might express its appreciation to those employees who worked diligently to keep the City operating during recent snow and ice related conditions. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm MARY F. PARKER City Clerk CITY OF ROANOK OFFICE OF THE CITY CLERK 21J Church Avenue, S.W., Room 4J6 Roanoke, Virginia 2~011 Telephone: (703) 981-2541 SANDRA H. EAKIN l~puty City Clerk February 17, 1994 File #183-330 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke held on Monday, February 14, 1994, Council Member Edwards requested that you explore the feasibility and costs relative to a systematic approach to installing underground utility lines in both residential and commercial areas of the City. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDR.A.H. E~KIN I~puty City Clerk February 17, 1994 ~g File #2-~-77=178-200-247-258-288=514 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31862-021494 authorizing execution of an agreement with the Virginia Department of Transportation and the Roanoke Redevelopment and Housing Authority relating to relocation and acquisition of buildings at 42 and 56 Wells Avenue, N. E. Resolution No. 31862-021494 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 14, 1994. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: M. Scott Hollis, Urban Engineer, Virginia Department of Transportation, 1401 E. Broad Street, Richmond, Virginia 23219 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 Charles M. Huffine, City Engineer Richard V. Hamilton, Right-of-Way Agent William L. Stuart, Manager, Streets and Traffic Robert K. Bengtson, Traffic Engineer John R. Marlles, Chief, Community Planning PhilHp F. Sparks, Acting Chief, Economic Development Kit B. Kiser, Director, Utilities and Operations Diane S. Akers, Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, The 14th day of February, 1994. No. 31862-021494. A RESOLUTION authorizing the execution of the Virginia Department of Transportation Redevelopment and Housing Authority relating acquisition of buildings at 42 and VIRGINIA an agreement with and the Roanoke to relocation and 56 Wells Avenue, N.E. 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, for and on behalf of the city to execute and attest, respectively, an agreement with the Virginia Department of Transportation and the Roanoke Redevelopment and Housing Authority ("RRHA") providing for RRHA and the city to assume responsibility for the proper relocation of the buildings located at 42 and 56 Wells Avenue, N.E. and providing for the acquisition of such buildings by RRHA. ATTEST: City Clerk. Roanoke, Virginia February 14, 1994 Honorable David A. Bowers, Mayor and Members of Council Roanoke, Virginia Dear Members of Council: SUBJECT: Agreement with the Virginia Department of Transportation for Acquisition of Buildings at 42 and 56 Wells Avenue, N.E. I. Background: On August 9~ 1993 City Council approved (by Resolution No. 31622-080993) the location and major design features of the Wells Avenue Project. Agreement between City and Virginia Department of Transportation (VDOT) dated August 20, 1987 was amended on August 19, 1993 (as authorized by Ordinance No. 31406 041293) making VDOT responsible for acquisition of right-of-way for the Wells Avenue Project. Roanoke City Planning Commission made a motion at their November 18, 1992 public hearing (on the Wells Avenue alignment) that recommended City Council give serious consideration to relocating the two existing residential structures on Wells Avenue. II. Current Situation: VDOT has acquired the majority of the right-of-way needed for this project, including the two unoccupied residential dwellings at 42 and 56 Wells Avenue, N.E. Agreement is needed to allow the Roanoke Redevelopment Housing Authority (RRHA), to acquire these two buildings from VDOT for the purpose of moving them to nearby sites on Gilmer Avenue as shown on the attached map (Attachment I). RRHA will be responsible for the removal of friable asbestos as identified by VDOT's asbestos study of these two buildings, and for the actual relocation of the buildings. City will provide RRHA funding for the asbestos removal and relocation through amendment of the City's Agreement with RRHA for Community Development Block Grant (CDBG) funding. VDOT requires that City be ultimately responsible to VDOT for the relocation or demolition of the structures. Members of City Council Page 2 III. IV. Costs associated with moving these two buildings are estimated in Attachment II. It is anticipated that the total cost related to moving these buildings will be covered by CDBG funds. Issues: A. Cost B. Timing C. Neighborhood Alternatives: Ae City Council authorize the City Manager to execute an agreement with VDOT and the RRHA on behalf of the City in a form acceptable to the City Attorney, to assume responsibility for the removal of the dwellings located at 42 and 56 Wells Avenue, N.E. Cost to acquire these two buildings from VDOT is nothing. It is anticipated that costs related to moving these buildings will be covered by CDBG funds. Timing requires that the buildings be removed from their current locations by the end of April, 1994 when the roadway project is advertised for construction· 3. Neighborhood will benefit by preserving some of its housing stock and by filling in vacant lots. Be City Council not authorize the City Manager to execute an agreement with the VDOT and the RRHA on behalf of the City in a form acceptable to the City Attorney, to assume responsibility for the removal of the dwellings located at 42 and 56 Wells Avenue, N.E. 1. Cost is not an issue. 2. Timing is not an issue. 3. Neighborhood would not retain housing stock. Buildings would need to be demolished. Members of City Council Page 3 Ve Recommendation is that City Council authorize the City Manager to execute an agreement with the VDOT and the RRHAon behalf of the City in a form acceptable to the City Attorney, to assume responsibility for the removal of the dwellings located at 42 and 56 Wells Avenue, N.E. Respectfully submitted, W. Robert Herbert City Manager WRH:RKB:jrm Attachments: I - Map II - Cost Summary copy: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations Office of Management & Budget Traffic Engineer Right-of-Way Agent ATTACHMENT II Galnsboro Enhancement 1I Cost Estimate ~ This CDBG project proposes to move (nearby) and resell two structures being impacted by the realignment of Wells Avenue (42 and 56 Wells Avenue) for residential use. Once relocation is complete, the two houses will be sold for single family use. Lot Acquisition/Attorney Fees Asbestos Abatement Site Preparation (foundations/basements/utilities) Struc~ 42 Wells (brick) 56 Wells (wood) t'flit Line Reloc tion Pro)ect Support $ 70.000 $14.400 $11.000 Total $152.400 2/8/94 Office of the City Manager February 14, 1994 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Council Members: Subject: Agreement with Virginia Department of Transportation for Acquisition of Buildings at 42 and 56 Wells Avenue, N. E. Included in your agenda for the meeting on February 14, 1994, is a recommendation that the City accept from the Virginia Department of Transportation (VDOT) two (2) residential structures at 42 and 56 Wells Avenue, N. E. These two (2) buildings, currently unoccupied, are in the path of the proposed relocation of Wells Avenue, behind Hotel Roanoke. Throughout neighborhood meetings in the Gainsboro area, during which a consensus was developed concerning the relocation of Wells Avenue, the relocation of these two (2) structures was an important consideration. Maintenance of the housing stock in the Gainsboro area was of extreme importance to the residents and neighborhood leaders. The City Planning Commission likewise recognized the need, and urged relocation of these structures when recommending approval of the relocation of Wells Avenue. The plan includes acquiring vacant lots on Gilmer Avenue just east of old First Baptist Church and relocating the two (2) residential structures which have already been acquired by VDOT. Architecturally they fit in well with the other residences in that area and will make welcome additions to the housing stock. It is anticipated that the structures will be offered for home ownership after they have been relocated. Please contact me, or Bill Clark at 981-2741, if you have any questions concerning this matter. City Manager WRH:WFC:pr cc: Mr. William F. Clark, Director of Public Works Room 364 Municipal Building 215 Church Avenue, S w Roanoke, Virg~ma 24011 1591 (703) 981 2333 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 4~6 Roanoke, Virginia 24011 Telephone: (703) 981-2~41 SANDRA H. EAK1N Deputy City Clerk February 17, 1994 File #27-65-102-223-288-468 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31863-021494 authorizing you to execute the necessary agreements with Norfolk and Western Railway Company to allow the City to install, maintain, operate and remove, ff necessary, a water pipeline in connection with the Carvins Cove Phase II Project at the following locations: 13th Street near the Sewage Treatment Plant, Hollins Road over Lick Run, Hollins Road adjacent to the Trash Transfer Station, and Hollins Road adjacent to Utility Line Services, upon certain terms and conditions as set forth in a report of the City Manager under date of February 14, 1994. Ordinance No. 31863-021494 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 14, 1994. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: C. J. Wehrmeister, Superintendent, Virginia Division, Norfolk Southern Corporation, 10 Franklin Road, S. E., Roanoke, Virginia 24042-0053 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 Jesse H. Perdue, Jr., Manager, Utility Line Services Steven L. Walker, Manager, Water Pollution Control Plant M. Craig Sluss, Manager, Water Department IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of February, 1994. No. 31863-021494. AN ORDINANCE authorizing the City Manager to execute the necessary agreements with Norfolk and Western Railway Company providing the City the right to install, maintain, operate and remove pipelines on railway property in connection with the Carvins Cove Phase II Project, upon certain terms and conditions, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, in form approved by the City Attorney, the necessary agreements with Norfolk and Western Railway Company to allow the City to install, maintain, operate and remove, if necessary, a water pipeline in connection with the Carvins Cove Phase II Project at the following locations: a. 13th Street near the Sewage Treatment Plant; b. Hollins Road over Lick Run; c. Hollins Road adjacent to the Trash Transfer Station; and d. Holllns Road adjacent to Utility Line Services, upon certain terms and conditions as set forth in the report to this Council dated February 14, 1994. 2. 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. Honorable Mayor and Members of City Council Roanoke, Virginia SUBJECT: Carvins Cove Improvements, Phase II Norfolk and Western Railway Permits Dear Members of Council: Roanoke, Virginia February 14, 1994 I. Background: Property Acquisition was previously approved by City Council with a specific list of parcels to be acquired. Contracts B-Id B-2~ C-1 & C-2 are segments of water line construction work and were previously approved by City Council for construction. Notices to Proceed were given to the Contractors with the stipulations that work could not begin on Norfolk and Western Railway property until permits were obtained. II. Current Situation: Railroad Permits have been negotiated for the five (5) sites needed for the completion of the Carvins Cove Improvement Project, Phase II. These permits cover the following locations: 2. 3. 4. 13th Street near the Sewage Treatment Plant Hollins Road over Lick Run Hollins Road adjacent to the Trash Transfer Station Hollins Road adjacent to Utility Line Services Indemnification language in the Railroad Permits require City Council approval. In addition, the Agreement for the Pedestrian Underpass stipulates that the City take ownership of the abandoned Underpass and provide annual inspections (see Attachment). III. Issues: A. Legal B. Cost C. Timing Honorable Mayor and Members of City Council RE: Carvins Cove Improvements, Phase II Norfolk and Western Railway Permits Page 2 of 3 IV. Alternatives: Approve the execution of the Norfolk and Western Agreements with language concerning liability and agree to take ownership of the Jefferson Street Underpass. Legal concerns with the Agreements have been negotiated by the City Attorney's Office in the most satisfactory manner possible. Cost of the permits total $6~400 and are covered in the original approval by City Council for Land Acquisition. Unlike previous Agreements with Norfolk and Western, these Permits have a lump sum, one time payment to the Railroad rather than annual permit fees in previous agreements. Funds are available in Account #002-056-8370-9055. Carvins Cove Phase II, Contract B-2, 002-056-8371-9055 Carvins Cove Phase II, Contract C-1. Timinq for the completion of the waterline construction has not been impacted to date. However, any further delays with the Permits could impact the Contractor's schedule. Do not approve the execution of the Railroad Permits in their present form. 1. Legal concerns are as outlined in IV-A-1 above. Cost will ultimately be the same for the Railroad Permits with potentially additional cost for the delay in construction. Since the railroad bisects the City of Roanoke, staff cannot avoid crossing the railroad in order to complete the project. 3. Timinq for the timely completion of the project would be jeopardized. Honorable Mayor and Members of City Council RE: Carvins Cove Improvements, Phase II Norfolk and Western Railway Permits Page 3 of 3 Recommendation: Authorize the City Manager to execute the necessary Agreements approved by the City Attorney with Norfolk-Southern to allow for the construction of the Carvins Cove Transmission Waterline from Carvins Cove to Crystal Springs as outlined in II-A and to accept ownership of the Pedestrian Underpass at Jefferson Street. Respectfully Submitted, W. Robert Herbert City Manager WRH/JAP/fm CC: City Attorney Director of Finance Director of Utilities and Operation Director of Public Works City Engineer Project Manager Construction Cost Technician THIS AGREemenT, m~ and entered into by and between ~C~FOLK A~D W~b-l~ ~y C~PANY, a Virginia corporatic~l, hereinafter styled "R~:way"; and C1TY OF ROANOKE, VIRGINIA, an instnm~tality of hereinafter styled "Licensee',: WITNESSETH WHEREAS, Licensee p£uposes to install, maintain, operate and £e-~uve a 24-inch water pipeline in a 36-inch casing pipe urger and across the right of way or p£c~ and any tracks of Ra~ lway, at Milepost N-256 plus 1603.4 feet, more or less, at or r~ar ROA~DKE, Virginia, to be located with any ancilla_~y appurt~%nces as shown c~ print of Drawing marked Exhibit E, dated Jar~azy 13, 1994, attached hereto and ~ a part hereof (hereinafter called "Facilities,,); NOW, TH~{EFCRE, for and in cc~si~atic~% of the payment of a ($1,600.00) ~ of ~ ~tS ~t~ ~, ~ ~ ~ts ~z~tS ~, ~f~ ~ ~~ ~ ~t tO ~, ~t ~ ~ tO ~1 ~, ~S ~ ~tS to ~R~4!~'S title ~ ~J~, ~ ~ to~to~~of ~'s ~ ~ ~ f~ ~ ~iti~, ~ ~ foll~ t~ ~ ~ti~: 1. Licensee will c~struct and m~4ntain the Facilities, at its expense, in such a ~ as will not interferm with the c~ratic~s of Railway or en4~nc3~r persc~s or p~D~.rty of Railway, and in accordance with (a) plans and specificatic~s (if any) sho~n c~ said ~r/nt(s) and any other specificatic~s l~res~ibed by Ra~!way, (b) a6~l~b!e ~ver~tal regulatic~s or laws, and (c) ~4~licable specificatic~s ~-~'%~ted by the ;~rican ~a~lway ~ Associatic~ when not in conflict with plans, specificatic~s or r~gulatic~s ~=~ic~d in (a) and CD) abo~. 2. I/Tsofar as the law of t_he C~,,,~e.lth of vircj/zlia pel~its, Licensee her~ a~es to /r~k~ify and sa%~ harmless Railway, its officers, agents and =,~loyees, f,u~ and a~3ainst any and all ]~hility, claims, losses, d~c3~s, exi~HTsee (incl,~j attoz19ey, s fees) or co,ts f~r personal injuries which arises in any ~ f~u~ the installatic~, ma/ntenance, cperatic~, p:r~ese~uce or .'~...m,-~l or t..he fa~ lure to t~ul~rly instal 1, maintain, operate or solely by the negli~a%ce of Railway. um4~ a~liem~le laws, rm~ulatic~s or oxdinances r~latir~ to the installatic~% of the Facilities and/or to any cc~tic~ of any ~u~, water, m~r or groundwater arisin~ or resultin~ £~u. Licermee's permitted ct~-zaticrm or uses of Railway's P~'cX~ pursuant to this ;~jresment. In ~tic~, Li~ee shall ~bta/n any necessazy permits to install the Facilities.% Licensee ~ to ~ ; i~,.~fy and hold harmless Railway f~u,~ and against any ar~ all liability, fir~s, pera%lties, claims, demands, co,ts (incl,~ng attorney~' fees), lo~ses or lawsuits brought by any person, cu~ar~ or ~m;e~,L~tal entity relating to cc~taminaticn of any p~o~.rty, water, air or ~undwater ~,- to the use or presence of the Facilities. It is ag£eed that this ir~l~,~ity prov~sicn extends to any cleanup costs related to Licensee's acti~rities upc~ Railway's pzuperty and to any costs related to cleanup of ~ Facilities or to other p£o~.rty caused by the use of tb~ Facilities. 4. (a) Prior to cu~,,~t of installatien or mainter~nce of the Facilities or ent~; c~ Railway's pz-o~.rty, Licensee or its cc~tractor shall procure and maintain during the course of said installatien or m~nte~ance, a policy of 9~ral liability /nsul-~nce, cc~tainir~ products and c~L~leted cperatic~s and cc~trac~,~l liability coverage, with a cu~ir~d single limit of not less than $1,000,000 for each occurrence. Licensee or its cc~tractor also shall procure and maintain ~,~ng the course of said installatien, m~ntenance or entzy en Railway's p~u~ezty a R~]road Protecti~ oa%~ined single i/mit of $2,000,000, each occurrence, and $6,000,000 in the ac39=~gate. "f~e ~ re~Hred herei~ sk~ll be of ~/ch for~ ar~ co,%tent as may be acceptable to R~way. E~idence of such insurance (a certificate of of Railrn~_ Protecti~ Liability Insurance) r~st be furnished to and a~u~d by the F~u~ac3~r Insurance, Norfolk Southern Cozl~xatic~, 110 Franklin RDad, S. E., Roanoke, Virg~lia 24042-0022, prior to c~,,~,=~ of /nstallatien or m~e~nce of the Facilities or entzy c~ Railway's ~-o~=rcy. (C) In lieu of the insurance rec~,~ .~,~ts above, Licensee n~y provide to Railway a certificate of self-~ in such ~-~unts and in such fora as are satisfactory to Railway. 5. The de~ ~ s of the Facilities to be installed and ma/ntalned shall be at the optien of Licensee, a~d su~ect to the ~u~al of the chief en~ineerir~ officer of ~]way. In case of failure of Licensee to do the work as hez~in specified, ~a~]way reser~ the right to ~,uve the Facilities fr~%~ Ra~]way's ~ses at t_he e~pe~e of Licensee, ar~ to term/hate this Agreement up~ ten (10) days' writ~n notice. 6. If ~ay shall make any c~, alterations in or ~tic~s to t-he line, W~de, ~, s~, ~ ~lati~ or ~ of ~1~ at ~ ~ ~iti~, ~ ~1, at its ~ ~t ~ ~, ~ ~ (30) ~' ~i~ ~t~ f~,,~, ~ ~ ~ ~ ~ l~ti~ ~ ~ of ~ ~iti~ ~, ~ ~ ~ of ~ ~ ~ offi~ of ~a43~, ~1 ~ ~ ~ ~te to of ~ ~. -2- 7. Licensee will notify Ra~]way prior to the installatic~ and placin~ in service of catl~dic protecti~ in oz~v that tests may be cc~ducted c~ P~]way's signal, c~,,dnicatic~s and other electz~.~c systems for possible interfe~-~e. If the Facilities cause c~tic~ of tb~ si~al, cu,~catic~s or other electronic facilities of Ra~lw-~y, Licensee, at its expense, will relocate the catt~dic protectic~ and/or m~dify the Facilities to the satisfactic~ of Railway so as to eliminate such d~tic~. Such mo~lificatic~s r~ay irlcl,,~, without limitir~ the ~.rality of th~ forec3oir~, p~u~idir~ ~ tic~%l shielding, reactances or ot~_r corrective m~ures de~d necessary by Railway. This pro~sic~ applies to the existir~3 signal, cc~a~tnicatic~s and elect~.~c equipment of 9a~]way and to any signal, c~,,dnicatic~s or elect£~ic equilm~nt which ~way may install in the 8. If Licensee fm~ ] s to tak~ any correcti~ m~am~-es re~_,ested by Railway in a timely mar~_r or if an ~-,-~.'~y situatic~ is presented which, in th~ P~ilway's ju ent, {.L,,~/iate ~-~s to the facilities, Railway, at Licensee's e~ense, rosy ur-~take such co~'~ci~ m~mlres or £ei~{rs as it d_%~s, necessary or desirable. 9. Notwitbstar~ any other ~ovisi(m of this A~'eere~t, it is ur~stocd, a~ed ~ ~ ~t ~ ~ ~s ~&~t ~ a ~ li~ ~ ~ ~1 ~ of ~ to its ~ ~ ~ of its ~s ~ ~, ~ ~ ~ ~li~ of ~, its offi~, ~ts ~ ~1~, ~ ~, ~ ~-~, ~f~ ~ ~ 1~ of ~ ~,,~ of V~a ~tS, ~ ~,,~fi~ ~, its offi~, ~s, ~ ~, f~u, ~ ~t ~ ~ l~i~ for ~d 10. Railway shall furnish, at ~ co~t of Licensee, labor and materials to support its tracks and to ~o~ect its traffic ~,~H_n~ the installatic~, mmlnte~z%ce, ~-~v, ~--~1 or &~uvml of the Facilities. 11. It is fttrtb~r a~j~ad betwee~ the parties that the shall be used by Licensee ~ly for the Facilities ar~ for no other purpose wit. h~ut th~ writte~ pex%~issic~ of th~ chief e~ineerir~ officer of ~,~in~ installati~, ~sinte~e, o~e~atic~, modificatic~, ~placeme~t and/or ~m~uval of the ~_ilities. -3- 14. ~e word ,,R~4]way" as used her~in shall i~cl,,~ a/TI other cu%~any whose property at the aforesaid location may be l~med or operated by Railway. Said term also shall inub.9~ Railway's officers, agents and ~loyees, and any pak-kit cup.any, subsidiary or affiliate of Railway and their officers, agents and e%~loy~es. 15. If Lioansee shall violate any of its covenants in this A~4e~m~nt, Railway may tenninal~e the s~,~ by servin~ upon Licensee te~ (10) days' writte~ notice of its electicn so to do; provir~3?, however, that unless this Aqre~f~ut is termiz~ted as a result of a violatic~ of a cov~uant of Licensee, as aforesaid, this ag,'~-~ will £~,-4n in full force and effect subject to terminaticm7 by Railway upc~ sixty (60) days' writte~ notice of RAilway's electic~ so to do, C~Lly upon the oc~ of any c~e or more of the following events: (a) If Licermee shall mP~ the use of the Facilities; or (b) Tf ~way shall be required by any goverrm~ntal authority baying jurisclictic~ in the p~=~,:ses Co nm~ve, relocate, reccmmtruct or discontinue operatic~ of its r~4~ _ro~ at the afo~icm~9 location; or (c) If the re~.,~ts of ~a~lway, in the jud~ of its Superinter.~t, shall necessitate a c~ in locatic~ or elevatic~ of its raj ~ road at the locatic~ of the Facilities which might effectively pr~h/bit the use of the Facilities; or (d) If, in the judc3rent of the Superinte~t of ~a~Tway, the m~nte~ance or use of the Facilities u~a,~y interferes with rrm operation% and ms/nte~ance of the facilities of Ra~way or with pr~N~%t or ~uture use of said i~cx0erty by ~{]way, its lessees, affiliates, successors or assigns. Licensee also ~ bare th~ s-i~bt to tezm/nate this A~t by servir~3 upc~ R~44~ay si~ (60) c~' w~-itte~ n~ice of its electic~ so to do. Upon the e~irati~ of t-he ti~e specified in any notice of tez~tic~ ~?, this A~-~-~-,~ ~ terminate, and Licensee will, at its expense, remov~ the Fanilities f.'~u the m~erty of ~way and restore said p~_rty to the ccalditic~ e~istir~ f~'ior to the cc~stzuctic~ of the Facilities; or, in d~fasilt thereof, p~414~ay ~ay, in ~4~4tic~ to any ~ legal have, a=~u~e t_he Facilities and restore t_he cc~-~liti~ of the p~perty at the expense of Licenses. 16. This ]~t s~all take effect as of the -- , 19 -4- IN W,'iNESS WHEREOF, the parties hereto hav~ executed this A~t in ~licate, each part bein~ an original, as of th~ __ day of Wit//ess: As to Railway R~] ~state Ma~age~ Ci'l¥ OF ROANOKE, VIRGINIA As to Licensee Title: JMV: slc 71769.P:1-4 Jar.,a~y 13, 1994 -5- --10' TEMPORARY CONSTRUCTION EASEMENT PERMANENT ' , UqUTY EASEMENT LAWSON TRUCKING CO. EXIST. 50' RIGHT OF WAh HOLLINS STREET RAILROAD PROPERTY PLAN VIEW LINE VERT: 1"--50' r- END CROSSING BEGIN CROSSING i I RAILROAD PROPERTY RAILROAD PROPERTY . PROP. 2,¢ WATER UNE r-Exist. ORADE / I ~3' MIN. ~ -~l PR0~ LINE 500 I 21+00 Pipe line ~nd crossing to be instQIled end mQint=ined in 20+ 50 ontents To Be Handled utside Diameter :~oe Material :oecification and Grade /oil ThicKness -ctuOI Wor~,ing Pressure 'ype of Joint looting lethocl of Instollotion ents: .eats: :ury. ~ury: ;ury: Carrier pipe WATER 25.80" DUCTILE IRON AWWA C151 95 PSi MECHANICAL NONE OPEN CUT Casing pipe NONE Number N/A Size Hgt. Above Grouna Both Ends X One End N/A Bose of Roil to Top of Casing N/A Ft. (Not Beneath Tracks) N/A Ft. (Roadway Ditches) 3" MIN. F.t. ;athodic Protection: ,NONE size and Spacing of Insulators or Supports. In, accordance with latest approved AMERICAN RAILWAY ENGINEERING APplICATION'S "Specifications for Pipelines for Conveying Flammable and Non-;lammable Substances · ~ NOR~'OI.K ,.~ _~'~- SOUTHERN OP~_.~A 1lNG COMPANY !OF'FIC~ OF' CHIEf' ENGINEER-OESiGN & CONSTRUC~ONI ATLANTA. CA. ROANOKE. vIRGINIA In. CITY OF ROANOKE A~l~ROX. ~,6~.0 TO MILE POS: N--236 Ir Al F . - J~ ~3,1994 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 21 ~ Church Avenue, S.W., Room 4~6 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk February 17, 1994 File #2-30-121-123-405-514 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report recommending an additional expenditure, in the amount of $52,450.00, to cover certain expenses related to acquisition of the Miller Morgan & Company property which is needed in connection with the Jail Expansion Project, was before the Council of the City of Roanoke at a regular meeting held on Monday, February 14, 1994. On motion, duly seconded and adopted, Council concurred in the recommendation. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: The Honorable W. Alvin Hudson, City Sheriff Miller, Morgan and Rothgeb, c/o Thomas J. Hall, Attorney, Woods, Rogers and Hazlagrove, P. O. Box 14125, Roanoke, Virginia 24038-4125 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance 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 Kit B. Kiser, Director, Utilities and Operations George C. Snead, Jr., Director, Public Safety Diane S. Akers, Budget Administrator, Office of Management and Budget Roanoke, Virginia February 14, 1994 Honorable Mayor and Members of City Council Roanoke, Virginia SUBJECT: Jail Expansion Project - Additional Funding for Property Acquisition to Include Relocation Expenses Dear Members of City Council: I. Background: A. Acquisition of real estate for project was authorized by City Council by Ordinance No. 31627-080993. Estimated funding needed for land acquisition authorized by Ordinance was a total of $880~550.00. Council authorized funding up to this amount for acquisition. Two structures were involved, the "Data-Safe" and the "Miller Morgan" buildings. Relocation expenses have since been deemed to be a requirement for the property acquisition since state funding is involved. Negotiated acquisition and relocation expenses have been agreed to by owners of the Data-Safe property and the City at $625~000.00, leaving $255~550.00 in account number 008-052-9685-9003 for the acquisition of the Miller Morgan building. II. Current Situation: Negotiated agreement has been reached with the owners of the Miller Morgan building for a cost to the City of property and relocation expenses of $308,000.00. Additional authorization is thus needed for this acquisition to include relocation expenses in the amount of $52~450.00. Ce City agrees to acquire facility and permit Miller, Morgan and Co., C.P.A.'s, to remain in structure rent-free until the end of their income tax season, May 31, 1994. Honorable Mayor and Members of City Council Jail Expansion Project - Additional Funding for Property Acquisition to Include Relocation Expenses February 14, 1994 Page 2 III. Issues: A. Need B. Timinq C. Increased cost to City D. Fundinq IV. Alternatives: City Council authorize an additional expenditure of $52,450.00 from account number 008-052-9685-9003 to cover the additional expenses of acquiring the Miller Morgan property and paying relocation expenses. Need for sufficient funds is met. Timinq to permit immediate acquisition is met. 3. Increased cost to City is $52,450.00. 4. Fundinq is available. City Council refuse to appropriate additional needed to acquire the Miller Morgan building. funding Need for acquisition in order to proceed with jail expansion project is not met. 2. Timinq to permit immediate acquisition is not met. 3. Increased cost to City is moot. 4. Fundinq will not be an issue at this time. Recommendation: City Council authorize the additional expenditure of $52,540.00 needed for Jail Expansion Project land acquisition in accordance with Alternative "A", to include a rent-free occupancy for Miller, Morgan & Co., C.P.A.'s, at 340 Campbell Avenue, from time of closing until May 31, 1994. Honorable Mayor and Members of City Council Jail Expansion Project - Additional Funding for Property Acquisition to Include Relocation Expenses February 14, 1994 Page 3 Respectfully submitted, W. Robert Herbert City Manager WRH/RVH/kh cc: City Attorney Director of Finance Director of Public Works Director of Public Safety Director of Utilities and Operations Assistant to City Manager for Community Relations City Sheriff City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets L. Bane Coburn, Project Manager MARY F. PA~KF~I~ City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 Deputy City Clerk February 17, 1994 File #5-60-133-236 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31864-021494 amending and reordaining certain sections of the 1993-94 Grant Fund Appropriations, providing for appropriation of $108,687.00, representing additional funds received from the U. S. Department of Justice, Forfeited Property Sharing Program. Ordinance No. 31864-021494 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 14, 1994. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. po: The Honorable Donald S. Caldwell, Commonwealth's Attorney W. Robert Herbert, City Manager George C. Snead, Jr., Director, Public Safety M. David Hooper, Chief, Police Department Diane S. Akers, Budget Administrator, Office of Management and Budget Charles A. Harlow, Acting Grants Monitoring Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 14th day of February, 1994. No. 31864-021494. AN ORDINANCE to amend and reordain certain sections of the 1993-94 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency exist. is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: &onropriations Public Safety Federal Investigation Subsidy (1) ................ Revenue Public Safety Federal Investigation Subsidy (2) ................ $ 1,509,444 963,913 $ 1,509,444 963,913 1) Investigations and Rewards 2) Federal Investigation subsidy (035-050-3300-2150) (035-035-1234-7060} $ 108,687 108,687 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia February 14, 1994 '94 FE -9 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subjeot: Sharing Federally Forfeited Property I. Backaround: Conaress amended 21 USC. Sec. 881 el-4, October, 1986, which authorized the transfer of certain federally forfeited property to state and local law enforcement agencies that participated in the investigation and seizure of the property. ADDlication for an equitable share of property seized by local law enforcement must be made to the U. S. Department of Justice and certified by the City Attorney as to the appropriate agency and representative to receive the property and that the transfer is not prohibited by state and local law. Property (including funds shared with state and local agencies) may be used only for the purpose stated in the application, i.e., narcotics investigations related to law enforcement. The aqency requesting the transfer of property agrees to pay fees and expenses necessary to effect the transfer. January 4, 1988, Council, at its regular meeting, authorized the Director of Finance to establish grant fund accounts from which funds may be dispersed in accordance with provisions of this program. II. Current Situation: Police Department receives periodically from the federal sharing program. additional funds government's asset city Council action is required additional funds to be dispersed in with provisions of the program. to accept accordance Mayor and Members of Council Subject: Sharing Federally Forfeited Property Page 2 III. Revenues collected through January 31, 1994, for this grant are $963.913.00 and deposited in Grant Account Number 035-035-1234-7060. Current revenue estimated is $855.226.00. Funding received in excess of the estimated revenue which totals $108.687.00 needs to be appropriated at this time. Expenditures from this grant through January 31, 1994 are $561.918.00. Issues: IV. Ve A. Need B. Funds Availability Alternatives: City Council accept additional ($108,687.00) funds from U. S. Department of Justice, Forfeited Property Sharing Program and authorize the Director of Finance to establish appropriate accounts so that funds can be expended in accordance with program requirements. 1. Need exists to provide additional funds and equipment to enhance undercover narcotics control investigations. Fund availability will be controlled by effectiveness of investigations through assets seized and forfeited in Joint investigations with federal agencies. City Council reject assets from Federal Forfeiture Sharing Program and not authorize Director of Finance to establish appropriate accounts for such assets. Need for supplemental increased effectiveness of enforcement will not be met. funds enabling undercover drug e Funds will not be applied for or received from the Federal Forfeiture Sharing Program. Recommendation is that Council approve Alternative "A" to accept assets from the Federal Forfeited Property Sharing Program and: Subject: Mayor and Members of Council Sharing Federally Forfeited Property Page 3 Appropriate $108,687.00 to the following grant fund account: Investigations and Rewards (035-050-3300-2150)... Increase the revenue estimate for this grant by $108,687.00 (Account 035-035-1234-7060). WRH:MDH:kt W. Robert Herbert City Manager c: City Attorney Director of Finance Director of Administration/Public Safety MARY F. P~R City Clerk, CMC/AA~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vh'a~nia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk February 14, 1994 File #467 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: Pursuant to Chapter 9, Education, of the Code of the City of Roanoke (1979), as amended, establishing a procedure for the election of School Board Trustees, Council must hold certain meetings and take certain actions during the months of March, April and May to conform with the selection process. Therefore, it is respectfully requested that Council establish specific dates for the following: (1) On or before March 20, Council shall hold an informal meeting which shall be open to the public with all candidates for school trustee. (2) On or before March 31, Council as a Committee of the Whole, shall at a regular meeting, review and consider all candidates for the position of school trustee. At such meeting, Council shall review all applications filed for the position and Council may elect to interview candidates for such positions. (3) On or before April 20, Council shall, by public vote, select from the field of candidates, those candidates to be accorded the formal interview and all other candidates shall be eliminated from the school trustee selection process. The number of candidates to be granted the interview shall not exceed three times the number of positions available on the Roanoke City School Board, should there be so many candidates. (4) Prior to the public interview of candidates for school trustee and prior to April 30, Council shall hold a public hearing to receive the views of citizens. (5) On or before April 30, Council shall hold a meeting for the purpose of conducting a public interview of the remaining candidates for school trustee. The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia February 14, 1994 Page 2 (6) Subsequent to the interview and on or before May 15, Council shall hold an election at a regular or special session of the Council to fill the vacancies on the Roanoke City School Board. Your assistance in establishing specific dates wili be appreciated in order that applicants may be apprised of the proposed schedule. Sincerely, _ Mary F. Parker, CMC/AAE City Clerk MFP: sm MARY F. PARKER City Cl~rk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V/r ginia 24011 Telephone: (703) 981.2~41 SANDRA H. EAKIN Deputy City Clerk February 15, 1994 File #53-67-77-79-137-207-336 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31865-021494 expressing the support of City Council for construction by the Walt Disney Company of Disney's America in Prince William County and urging the General Assembly to approve a bond issue to provide funding for required roads and other public improvements to permit the Walt Disney Company to make this investment in Virginia. Resolution No. 31865-021494 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, Febl-uary 14, 1994. Sincerely, Mary F.d~Parker, CMC/AAE City Clerk MFP: sm Enc. po: Ms. Ann Cranwell, Virginians for Disney's America, 4071 Blandfield Drive, Vinton, Virginia 24179 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Phillip F. Sparks, Acting Chief, Economic Development MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2.~41 SANDRA H. EAK~N' Deputy City Clerk February 15, 1994 File #53-67-77-79-137-207-336 The Honorable Clifton A. Woodrum, III Member, House of Delegates P. O. Box 1371 Roanoke, Virginia 24007 Dear Delegate Woodrum: I am enclosing a certified copy of Resolution No. 31865-021494 expressing the support of City Councli for construction by the Walt Disney Company of Disney's America in Prince William County and urging the General Assembly to approve a bond issue to provide funding for required roads and other public improvements to permit the Walt Disney Company to make this investment in Virginia. Resolution No. 31865- 021494 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, Februa1~r 14, 1994. Sincerely, F~ Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 21~ Church Avenue, S.W., Room 4~6 Roanoke, Vir~nia 24011 Telephone: (703) 981-2~41 Deputy City Clerk February 15, 1994 File #53-67-77-79-137-207-336 The Honorable A. Victor Thomas Member, House of Delegates 1301 Orange Avenue, N. E. Roanoke, Virginia 24012 Dear Delegate Thomas: I am enclosing a certified copy of Resolution No. 31865-021494 expressing the support of City Council for construction by the Walt Disney Company of Disney's America in Prince William County and urging the General Assembly to approve a bond issue to provide funding for required roads and other public improvements to permit the Walt Disney Company to make this investment in Virginia. Resolution No. 31865- 021494 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 14, 1994. Sincerely, FSl~_~_~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. MARY F. PAlag~ City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 213 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. ~ Deputy City Clerk February 15, 1994 File #53-67-77-79-137-207-336 The Honorable J. Brandon Bell, Senator Senate of Virginia P. O. Box 11341 Roanoke, Virginia 24022-1341 Dear Senator Bell: I am enclosing a certified copy of Resolution No. 31865-021494 expressing the support of City Council for construction by the Walt Disney Company of Disney's .America in Prince William County and urging the General Assembly to approve a bond msue to provide funding for required roads and other public improvements to permit the Walt Disney Company to make this investment in Virginia. Resolution No. 31865- 021494 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 14, 1994. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of February, 1994. No. 31865-021494. A RESOLUTION expressing the support of this Council for Disney's America and urging the City's delegation to the General Assembly to support a State bond issue to defray the cost of public improvements opportunity. required to support this economic development WHEREAS, DisneyTM Prince William County, America, proposed to be constructed in would bring a $650,000,000 investment to Virginia and create nearly 18,000 jobs; WHEREAS, this park, which will showcase America's heritage and history using the artistic and theatrical skills of the Walt Disney Company ("Disney"), will focus America's and the world's attention on Virginia and attract an Virginia annually; WHEREAS, an independent estimated 5,000,000 new tourists to study has established that Disney's America will generate over $41,000,000 per year in new State taxes plus untold millions in local and other taxes; WHEREAS, an on-site tourist information center to be constructed by the Commonwealth on land donated by Disney will promote Virginia in general and all of the Commonwealth's important tourist attractions; WHEREAS, to enable Disney to make this investment in Virginia, the General Assembly is now considering a bond issue of approximately $137,000,000 to build new roads and accelerate the construction of roads already planned; and WHEREAS, this Council is desirous of expressing its support for this important economic development project which will benefit the entire Commonwealth; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council adopts this resolution as a means of expressing its support for construction by the Walt Disney Company of Disney's America in Prince William County and urges the General Assembly to approve a bond issue to provide funding for required roads and other public improvements to permit the Walt Disney Company to make this investment in Virginia. 2. The Clerk is directed to forward a certified copy of this resolution to The Honorable A. Victor Thomas, Member, House of Delegates, The Honorable Clifton A. woodrum, III, Member, House of Delegates, Virginia. and The Honorable J. Brandon Bell, Member, Senate of ATTEST: City Clerk. 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 February 10, 1994 The Honorable Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I have been asked by a group named "Virginians for Disney's America" to express support from the City of Roanoke for that project. I, personally, endorse that development in northern Virginia, and think it would be helpful for the entire Commonwealth, and our area of Virginia as well. However, I wanted to speak on behalf of the Council, or the City of Roanoke, only at your specific direction. Accordingly, I am forwarding a copy of the correspondence from the group to you with the request that you let me know as soon as possible how you want to proceed. This is urgent, so please let me know if you have any thoughts or suggestions by 9:00 a.m. on Monday, February 14, 1994. If the Council is in agreement, I have requested that the City Attorney prepare a Resolution which will be available for adoption by Council at its meeting on Monday, February 14. Best personal regards to each of you. Sincerely, David A. Bowers Mayor DAB: jas Enclosures pc: Ms. Ann Cranwell, Virginians for Disney's America Mr. Wilburn C. Dibling, Jr., City Attorney Mr. W. Robert Herbert, City Manager MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2341 SANDRA H. EAK~N Deputy City Clerk February 17, 1994 File #51-66-178 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of a petition signed by 50 persons objecting to the construction of single-family housing in residential neighborhoods that does not conform with existing housing in said neighborhoods, hich petition was before the Council of the City of Roanoke at a regular meeting held on Monday, February 14, 1994. On motion, duly seconded and adopted, the petition was referred to you for investigation and report to Council. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. pc: Mr. Wilbur I. Manning, 4327 Delray Street, N. W., Roanoke, Virginia 24012 Wilburn C. Dibling, Jr., City Attorney William F. Clark, Director, Public Works Ronaid H. Miller, Building Commissioner John R. Marlles, Chief, Community Planning Evelyn D. Doreey, Acting Zoning Administrator