Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Council Actions 09-11-95
EDWARDS 32638 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL CITY COUNCIL CHAMBER SEPTEMBER 11, 1995 3:00p. m. AGENDA FOR THE COUNCIL Call to Order =- Roll Call. Council Member Bowles was absent The Invocation was delivered by The Reverend Harold C. Lewis, Pastor, Villa Heights Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. ANNOUNCEMENTS: Public hearings will be held at 7:00 p.m. in the City Council Chamber. 2. CONSENT AGENDA C-1 C-2 C-3 (APPROVED 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. A report of the City Manager requesting an Executive Session to discuss disposition of publicly held property, specifically the possible conveyance of property in the downtown section of the City of Roanoke, pursuant to Section 2.1-344 (A)(3), Code of Vir~nia (1950), as amended. RECOMMENDED ACTION: Concur in request to convene in Executive File #2-132-166-277 Session as abovedescribed. A report of the City lVlaaager with regard to a request for storm drninn and curbing for the Summit Hills subdivision area. RECOMMENDED ACTION: File #2%28-8%183-21%252- 488 Refer the project to the Capital Improvement Program planning process for inclusion in consideration for the fiscal year 1996-97 plan update. A report of the City Manager with regard to expenses and revenues for Washington and Fallon Park swimming pools. RECOMMENDED ACTION: Receive and file. File #67-256 2 C4 C-5 A communication fxom Jay Stephens tendering his resignation as a member of the Youth Services Citizen Board. RECOMMENDED ACTION: Receive and file the comm~mication and accept File #110-304 the resignation with regret. Qualification of Mollie C. DeBerry as a member of the Youth Services Citizen Board for a term ending May 31, 1998. RECOMMENDED ACTION: Receive and file. File # 110-304 REGULAR AGENDA 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: Request to address Council with regard to drainage, erosion, ~a-affic and flooding concerns in connection with the proposed Cravens Creek Stable Subdivision. Jo Wilson, Spokesperson, Cravens Creek - Spring Valley Lake Neighborhood. (5 minutes) The following persons addressed Council with regard to the matter: Jo Wilson, Clark Crawley, Fred Anderson, James Cuimingham, David Wright, Angi HaHenback, Lisa Farthing, Joe Cnnningham, James Bedwell, Alton Akin, Joel Wyatt and Jonathan Rogers. All comments were referred to the City Manager for report to Council File #20-27-66-237 b. OTHER HEARINGS OF CITIZENS: None. 4. PETITIONS AND COMMUNICATIONS: A communication from the Roanoke City School Board requesting adoption of a Resolution indicating the City's desire to participate in the Virginia Public School Authority bond issue, such bond proceeds to be used in lieu of Literary loans approved by the State for Wasena Elementary School and Jackson Middle School. Adopted Resolution No. 326~38-091195. (6-0) File #$3-467 5. REPORTS OF OFFICERS: a. CITY MANAGER: None. ITEMS RECOMMENDED FOR ACTION: A report recommending execution of 1995-96 HOME Investment Partnerships Program agreements with the Northwest Neighborhood Environmental OrganiTation, Inc. Adopted Resolution No. 32639-091195. (6-0) File #72-165-178-236 A report recommending execution of Change Order No. 5, in the mount of $240,800.00, to the City's contract with Laramore Construction Company, Inc., in connection with Carvins Cove Phase II water main project, Contract A-2; and tran.~fer of funds in connection therewith. Adopted Budget Ordinance No. 32640-091195 and Ordinance No. 32641-091195. (6-0) File #60-468-514 4 A report recommending renewal of the City's contract with Bio Gro, a division of Wheelabrator Clean Water Systems, Inc., to remove, transport and dispose of digested, lagooned sludge fxom the Water Pollution Control Plant. Adopted Ordinance No. 32642-091195. (6-0) File #27-468 A report recommending adoption of a measure addressing access agreements for the Roanoke River Flood Reduction Project and the Roanoke River and Tinker Creek Sanitary Sewer Interceptor Projects. Adopted Resolution No. 32643-091195. (6-0) File #27-30-223-237-405 A report recommending acceptance of grant funds from the State Depa~iment of Fire Programs for the procurement of fire suppression equipment and materials and equipment for training and development; and appropriation of funds in connection Adopted Budget Ordinance No. 32644-091195 and Resolution No. 32645-091195. (6.0) File #60-70-472 A report recommending execution of an agreement with Appalachian Power Company for adjustment of electric utitities required in conjunction with the Second StreetYGainsboro Road Project; adoption of a Resolution requesting that the Vk~nia Dep/uhuent of Transportation relocate utilities underground as a part of the project; appropriation of funds in connection therewith; 5 and adoption of a Resolution indicating the City's intent to reimburse fi'ont funding with bond proceeds upon sale of the 1996 bonds. Adopted Budget Ordinance No. 32646-091195, Ordinance No. 32647-091195, and Resolution Nos. 32648-091195 and 32649-091195. (6-0) File #29-53-60-77-200-330-514 A report in response to a request for an amendment to the City's weed ordinance to provide for cutting of trees. Received and filed. File 024-51-66-67-95 b. DIRECTOR OF FINANCE: A joint report of the City Manager and Director of Finance with regard to issuance of $2.3 million of Public Improvement Bonds under the Public Finance Act to finance the State's share of the City's Jail expansion project. Concurred in recommendation to schedule a public hearing for Monday, October 16, 1995, at 7:00 p.m. File #9-20-51-53-77-121-123-137-184-277 6. REPORTS OF COMMITTEES: A report of the bid committee recommending award of a contract to H & S Construction Company, in the amount of $69,037.60, for construction of a temporary entrance for Coca-Cola Bottling Company; appropriation of fimds in connection therewith; and adoption of a Resolution indicating the City's intent to reimburse front funding with bond proceeds upon sale of the 1996 bonds. Council Member William White, Sr., Chairperson. Adopted Budget Ordinance No. 32650-091195, Ordinance No. 32651-091195 nnd Resolution No. 32652-091195. (6-0) File #53-60-77-514 7. UNFINISHED BUSINESS: None. 0 INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: Ordinance No. 32633, on second reading, authorizing the donation and conveyance of certain easements across City-owned property to the Commonwealth of Virginia, Appalachian Power Company and Bell- Atlantic Vir~nla for use in connection with the widening of Brandon Avenue, S. W., upon certain terms and conditions. Adopted Ordinance No. 32633-091195. (6-0) File #28-29-77-166-387-514 bo A Resolution commending the Honorable Lawrence L. Koontz on his appointment to the Supreme Court of Virginia. Adopted Resolution No. 32653-091195. (6-0) File #80-214 Co A Resolution expressing the appreciation of the City to William W. Arnold, area veterans, veterans' groups and businesses for their con~butions toward the erection of a Veterans' Memorial Flag Pole and monument at Fishburn Park. Adopted Resolution No. 32654-091195. (6-0) File #67-68-518 7 a# MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor and Members of City Council. Council Member White requested that the foil#wing matters be referred to the City Manager for report to Council: (1) The need to define another level of service to be provided by the City to senior citizens who are property owners In the City. File #79-243 (2) Maintenance and upkeep of interchanges on 1-581 in the City. File #77 Council Member McCadden suggested that a representative of the Roanoke Neighborhood Partnership staff attend meetings of City Council in an effort to improve the relationship between Council and the Neighborhood Partnership Office. The remarks were referred to the City Manager. File #132-488 bo Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. CERTIFICATION OF EXECUTIVE SESSION. (5.0, Vice Mayor Edwards and Council Member Bowles were absent.) Adopted Budget Ordinance No. 32655-091195 and Ordinance No. 32656 on first reading authorizing the City Manager to execute the necessary documents providing for the sale and conveyance of property owned by the City and located at 120, 122 and 124 West Campbell Avenue to Lagniappe, L.L.C., for the sum of $85,000.00. (5-0) File 02-166 Recessed the meeting until 7:00 p.m. REGULAR WEEKLY SESSION ROANOKE CITY CO UNCIL CITY COUNCIL CHAMBER SEPTEMBER 11, 1995 7:00 p.m. AGENDA FOR THE COUNCIL 1. Call to Order == Roll Call. counca Member Bowles was absent The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. WELCOME: PUBLIC HEARINGS: Aa Public hearing on the request of Donald R. Alouf and Lee T. Helms that conditions proffered in connection with the rezo~ing of a tract of land located at 1910 McVitty Road, S. W., designated as Official Tax No. 5100809, be amended and that new proffers be accepted. Edward A. Natt, Attorney. Adopted Ordinance No. 32657 on first reading. (6-0) File #51 Public'hearing on the request of Robert C. Brammer that a tract of land containing approximately 5.44 acres, located at 2941 Peters Creek Road, N. W., and described as Official Tax No. 6410103, be rezoned from RS-3, Residential Single-Family Dis~ct, to C-2, General Commercial District and C-l, Office District, subject to certain conditions proffered by the petitioner. David C. Helscher, Attorney. Adopted Ordinance No. 32658 on first reading. (6-0) File #51 Public hearing with regard to a proposed urban enterprise zone within the City of Roanoke. W. Robert Herbert, City Manager. The following persons addressed Council with regard to the proposed urban enterprise zone: William G. Foster, Ellis Bolling, Joel Kelly and Geneva Jenkins. The remarks were received and trded. File #266-450 OTHER HEARINGS OF CITIZENS: None. l0 City Clerk's Office City of Roanoke, Virginia September 14, 1995 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32633-091195 Resolution No. 32638-091195 Resolution No. 32639-091195 Budget Ordinance No. 32640-091195 Ordinance No. 32641-091195 Ordinance No. 32642-091195 Resolution No. 32643-091195 Budget Ordinance No. 32644-091195 Resolution No. 32645-091195 Budget Ordinance No. 32646-091195 Ordinance No. 32647-091195 Resolution No. 32648-091195 Resolution No. 32649-091195 Budget Ordinance No. 32650-091195 Ordinance No. 32651-091195 Resolution No. 32652-091195 Resolution No. 32653-091195 Resolution No. 32664-091195 Budget Ordinance No. 32655-091195 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 11, 1995. W. Robert Herbert September 14, 1995 Page 2 If you have questions, please do not hesitate to cell me. Sincerely, ~?..~ ~._ ,,~. Sandra H. Eakin Deputy City Clerk SHE:sm Enc. City Clerk's Office City of Roanoke, Vlrgini~ September 14, 1995 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32633-091195 Resolution No. 32638-091195 Resolution No. 32639-091195 Budget Ordinance No. 32640-091195 Ordinance No. 32641-091195 Ordinance No. 32642-091195 Resolution No. 32643-091195 Budget Ordinance No. 32644-091195 Resolution No. 32645-091195 Budget Ordinance No. 32646-091195 Ordinance No. 32647-091195 Resolution No. 32648-091195 Resolution No. 32649-091195 Budget Ordinance No. 32650-091195 Ordinance No. 32651-091195 Resolution No. 32652-091195 Resolution No. 32653-091195 Resolution No. 32654-091195 Budget Ordinance No. 32655-091195 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 11, 1995. James D. Grisso September 14, 1995 Page 2 If you have questions, please do not hesitate to call me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. City Clerk's Office City of Roanoke, Virginia September 14, 1995 Diane S. Akers Budget Administrator Office of Management and Budget Roanoke, Virginia Dear Ms. Akers: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32633-091195 Resolution No. 32638-091195 Resolution No. 32639-091195 Budget Ordinance No. 32640-091195 Ordinance No. 32641-091195 Ordinance No. 32642-091195 Resolution No. 32643-091195 Budget Ordinance No. 32C-47.~091195 Resolution No. 32645-091195 Budget Ordinance No. 32646-091195 Ordinance No. 32647-091195 Resolution No. 32648-091195 Resolution No. 32649-091195 Budget Ordinance No. 32650-091195 Ordinance No. 32651-091195 Resolution No. 32652-091195 Budget Ordinance No. 32655-091195 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 11, 1995. Diane S. Akers September 14, 1995 Page 2 If you have questions, please do not hesitate to call me. Sincerely, Sandm H. Eakin Deputy City Clerk SHE:sm Enc. City Clerk's Office City of Roanoke, Virginia September 14, 1995 William F. Clark, Director Public Works Roanoke, Virginia Dear Mr. Clark: I am attaching copy of the following measures that pertain to your directorate: Ordinance No. 32633-091195 Resolution No. 32639-091195 Budget Ordinance No. 32640-091195 Ordinance No. 32641-091195 Ordinance No. 32642-091195 Resolution No. 32643-091195 Budget Ordinance No. 32646-091195 Ordinance No. 32647-091195 Resolution No. 32648-091195 Resolution No. 32649-091195 Budget Ordinance No. 32650-091195 Ordinance No. 32651-091195 Resolution No. 32652-091195 Budget Ordinance No. 32655-091195 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 11, 1995. If you have questions, please do not hesitate to call me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. City Clerk'e Office City of Roanoke, Virginia September 14, 1995 Kit B. Kiser, Director Utilities and Operations Roanoke, Virginia Dear Mr. Kiser: I am attaching copy of the following measures that pertain to your directorate: Ordinance No. 32633-091195 Budget Ordinance No. 32640-091195 Ordinance No. 32641-091195 Ordinance No. 32642-091195 Resolution No. 32643-091195 Budget Ordinance No. 32646-091195 Ordinance No. 32647-091195 Resolution No. 32648-091195 Resolution No. 32649-091195 Budget Ordinance No. 32655-091195 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 11, 1995. If you have questions, please do not hesitate to call me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. City Clerk's Office City of Roanoke, Virginia September 14, 1995 Phillip F. Sparks Acting Chief Economic Development Roanoke, Virginia Dear Mr. Sparks: I am attaching copy of the following measure that pertains to your department: Budget Ordinance No. 32655-091195 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 11, 1995. If you have questions, please do not hesitate to call me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. City Clerk's Office City of Roanoke, Virginia September 14, 1995 Willard N. Claytor Director of Real Estate Valuation Roanoke, Virginia Dear Mr. Claytor: I am attaching copy of the following measure that pertains to your department: Budget Ordinance No. 32655-091195 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 11, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. City Clerk's Office City of Roanoke, Virginia September 14, 1995 The Honorable Marsha Compton Fielder Commissioner of the Revenue Roanoke, Virginia Dear Ms. Fielder: I am attaching copy of the following measure that pertains to your department: Budget No. 32655-091195 The aboveraferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 11, 1995. If you have questions, please do not hesitate to call me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. City Clerk's Offioe City of Roanoke, Virginia September 14, 1995 Charles M. Hufflne City Engineer Roanoke, Virginia Dear Mr. Huffine: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32633-091195 Budget Ordinance No. 32640-091195 Ordinance No. 32641-091195 Ordinance No. 32642-091195 Resolution No. 32643-091195 Budget Ordinance No. 32646-091195 Ordinance No. 32647-091195 Resolution No. 32648-091195 Resolution No. 32649-091195 Budget Ordinance No. 32650-091195 Ordinance No. 32651-091195 Resolution No. 32652-091195 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 11, 1995. If you have questions, please do not hesitate to call me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. City Clerk's Office City of Roanoke, Virginia September 14, 1995 Kit B. Kiser, Director Utilities and Operations Roanoke, Virginia Dear Mr. Kiser: I am attaching copy of the following measures that pertain to your directorate: Ordinance No. 32633-091195 Budget Ordinance No. 32640-091195 Ordinance No. 32641-091195 Ordinance No. 32642-091195 Resolution No. 32643-091195 Budget Ordinance No. 32646-091195 Ordinance No. 32647-091195 Resolution No. 32648-091195 Resolution No. 32649-091195 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 11, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. City Clerk's Office City of Roanoke, Virginia September 14, 1995 Ellen S. Evans Construction Cost Technician Roanoke, Virginia Dear Ms. Evans: I am attaching copy of the following measures that pertain to the Engineering Department: Budget Ordinance No. 32640-091195 Ordinance No. 32641-091195 Ordinance No. 32642-091195 Resolution No. 32643-091195 Budget Ordinance No. 32646-091195 Ordinance No. 32647-091195 Resolution No. 32648-091195 Resolution No. 32649-091195 Budget Ordinance No. 32650-091195 Ordinance No. 32651-091195 Resolution No. 32652-091195 The abo~,ereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 11, 1995. If you have questions, please do not hesitate to call me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Eric. City Clerk's Office City of Roanoke, Virginia Se~ember14,1995 D. Darwin Roupe, Manager Supply Management Roanoke, Virginia Dear Mr. Roupe: I am attaching copy of the following measure that pertains to your department: Ordinance No. 32642-091195 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 11, 1995. If you have questions, please do not hesitate to call me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Eric. City Clerk,s Office City of Roenoke, Virginia September 14, 1995 William L. Stuart, Manager Streets and Traffic Roanoke, Virginia Dear Mr. Stuart: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32633-091195 Budget Ordinance No. 32646-091195 Ordinance No. 32647-091195 Resolution No. 32648-091195 Resolution No. 32649-091195 Budget Ordinance No. 32650-091195 Ordinance No. 32651-091195 Resolution No. 32652-091195 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 11, 1995. If you have questions, please do not hesitate to call me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. pc: Robert K. Bengtson, Traffic Engineer City Clerk's Office City of Roanoka, Virginia September 14, 1995 Ronald H. Miller Building Commissioner Roanoke, Virginia Dear Mr. Miller: I am attaching copy of the following measure that pertains to your department: Resolution No. 32639-091195 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 11, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. pc: H. Daniel Pollock, Housing Development Coordinator City Clark's Office City of Roanoke, Virginia September 14, 1995 Lori S. Spencer Acting Grants Monitor Roanoke, Virginia Dear Ms. Spencer: I am attaching copy of the following measure that pertains to your department: Resolution No. 32639-091195 The abovereferanced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 11, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. City Clerk's Office City of Ro. nok®, Virginia September 14, 1995 John W. Coates, Manager Parks and Recreation/Grounds Maintenance Roanoke, Virginia Dear Mr. Coates: I am attaching copy of the following measure that pertains to your department: Resolution No. 32654-091195 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 11, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. pc: Lynn Vernon, Parks Planner City Clerk's City of Roanoke, Virginia September 14, 1995 Mariam K. Alam Neighborhood Partnership Coordinator Roanoke, Virginia Dear Ms. Alam: I am attaching copy of the following measure that pertains to your department: Resolution No. 32639-091195 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 11, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. City Clerk's Office City of Roanoke, Virginia September 14, 1995 Steven L. Walker, Manager Water Pollution Control Plant Roanoke, Virginia Dear Mr. Walker: I am attaching copy of the following measure that pertains to your department: Ordinance No. 32642-091195 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 11, 1995. If you have questions, please do not hesitate to call me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. City Clerk's Office City of Roanoke, Virginia September 14, 1995 Wilbum C. Dibling, Jr. City Attorney Roanoke, Virginia Dear Mr. Dibling: I am attaching copy of the following measures that pertain to your department: Ordinance No. Resolution No. Resolution No. Ordinance No. Ordinance No. Resolution No. Resolution No. Ordinance No. Resolution No. Resolution No. Ordinance No. Resolution No. Resolution No. Resolution No. 32633-091195 32638-091195 32639-091195 32642-091195 32641-091195 32643-091195 32645-091195 32647-091195 32648-091195 32649-091195 32651-091195 32652-091195 32653-091195 32654-091195 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 11, 1995. If you have questions, please do not hesitate to call me. Sincerely, Sandre H. Eakin Deputy City Clerk SHE:sm Eric. City Clerk's Offir, e City of Roanoke, Virginia September 14, 1995 Glenn D. Radcliffe, Director Human Resources Roanoke, Virginia Dear Mr. Radcliffe: I am attaching copy of the following measure that pertains to your directorate: Resolution No. 32639-091195 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 11, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. City Clerk's Office City of Roanoke, Virginia September 14, 1995 George C. Snead, Jr., Director Public Safety Roanoke, Virginia Dear Mr. Snead: I am attaching copy of the following measures that pertain to your directorate: Budget Ordinance No. 32644-091195 Resolution No. 32645-091195 Budget Ordinance No, 32650-091195 Ordinance No, 32651-091195 Resolution No. 32652-091195 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 11, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. Office of the City Manager September 11, 1995 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia 24011 Subject: Request for Executive Session Dear Mayor Bowers and Members of Council: This is to request that City Council convene in Executive Session to discuss disposition of publicly held property, specifically the possible conveyance of property in the downtown section of the City of Roanoke, pursuant to Section 2.1-344(A)(3), Code of Virginia (1950), as amended. Respectfully, W. Robert Herbert City Manager WRH/ga Mary F. Parker, City Clerk Wilburn C. Dibling, Jr., City Attorney Room 364 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (703) 981-2333 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk September 13, 1995 File #27-28-57-183-217-252-458 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report with regard to a request for storm drains and curbing for the Summit Hills subdivision area, was before the Council of the City of Roanoke at a regular meeting held on Monday, September 11, 1995. On motion, duly seconded and adopted, the project was referred to the Capital Improvement Program planning process for inclusion in consideration for the fiscal year 1996-97 plan update. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm W. Robert Herbert September 13, 1995 Page 2 pc: Ms. Robin Murphy-Kelso, ~.~?.9 Summit Hills Drive, N. W., Roanoke, Virginia 24017 Wilbum C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director, Public Works Charles M Huffine, City Engineer John R. Marlles, Chief, Planning and Community Development Mariam K. Alam, Neighborhood Partnership Coordinator Kit B. Kiser, Director, Utilities and Operations Diane S. Akers, Budget Administrator, Office of Management and Budget Office of the City Manager September 11, 1995 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: STORM DRAINS AND CURBING FOR SUMMIT HILLS SUBDIVISION AREA OF NORTHWEST ROANOKE During your regular meeting of July 10, 1995, Ms. Robin Murphy-Kelso presented a petition from the citizens of Summit Hills Subdivision to install adequate storm drains, eliminate gas leakage, and install curbing for safety and beautification of the neighborhood. The matter was referred to the City Manager for investigation, cost estimates, and recommendation, with a report to you within 60 days. Roanoke Gas Company quickly responded to the problem of gas leaks and made necessary repairs. Attached is a copy of the letter they sent to each resident of the area (Attachment I). Department of Engineering staff surveyed the area, determined where storm drains and curbing in support of those storm drains are needed, and the costs associated with the improvements. Estimated costs for the needed storm drains, curbing, storm drain appurtenances (manholes, inlets, etc.), and engineering and easement acquisition stand at $2,035,000. See Attachment II entitled STORM DRAINS AND CURBING FOR SUMMIT HILLS SUBDIVISION for more detailed needs assessment and estimated costs. I recommend that you authorize me to refer the project to the Capital Improvement Program planning process for inclusion in consideration for the FY96/97 plan update. In this way the project can be prioritized and the work be budgeted in an appropriate manner. Respectfully submitted, W. Robert Herbert City Manager WRH/CMH/kh Room 346 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (703) 981-2333 FAX (703) 224-3138 Honorable Mayor and Members of City Council STORM DRAINS AND CURBING FOR SUMMIT HILLS SUBDIVISION AREA OF NORTHWEST ROANOKE September 11, 1995 Page 2 Attachments: Attachment I Attachment II Attachment III Correspondence from Roanoke Gas Company Storm Drains and Curbing for Summit Hills Subdivision Location Map CC: City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Accountant, Contracts and Fixed Assets Budget Administrator Chief of Community Planning Neighborhood Organization Coordinator Ms. Robin Murphy-Kelso l mnas Gas Rnmmi~ July 26, 1995 On July 10, 1995, residents of the Summit Hills subdivision expressed concern to Roanok~ City. Council about natural gas leaks within the subdivision. City Council r~luest~ Bill Clark, Director of Public Works, to contact Roanoke Gas Company and cort~cx the problem. For your information I have attached a copy of my response to Mr. Claflc [ pre~nt~l that letter to City Council at their July 24. ! 995 meeting. As explained in the letter, we believe we have now repaired all gas leaks within Summit Hills. We do plan to replace the bat~ steel 4" pipeline within the next five to ten years. However, if we continue to have problems with this gas main, we will accelerate our replacement schedule. Therefore, I want to encourage you to please cull Roanoke Gas Company any time you believe you smell an odor of gas. Our emergency number, 982-0623, is listed in the teiepbone book bnsin~s section under the name "Roanoke Gas Company". If, nt any time, you believe the gas company did not respond promptly to your call, please do not hesitate to call me at 983-3847. lfl do not answer, please leave a message on my voice mail. The voice mail machine will activate my pager and I will call you back promptly. I thank you for your cooperation. Please call me if you have any questions. Very truly yours, At,ur L. Pendleton, P. E. Vice President - Operations ALP/jpm Enclosure Attachment II STORM DRAINS AND CURBING FOR SUMMIT HILLS SUBDIVISION I1. INTRODUCTION: Summit Hills Subdivision covers some 60 acres of which 85% is fully developed for single family, residential usage. The topography is extremely hilly with some slopes exceeding 10%. The main drainage path lies in the undeveloped area and along the westerly section of Summit Drive. There are eight (8) street sections affected by the proposed storm drain system, so in order to provide pertinent information in a logical format, each section will be addressed separately. STREET SECTIONS: Summit Lane from Mountain to dead end. This section of street is 1,400 feet in length. The upper section from Mountain to Westdale runs along a ridge line, and the abutting properties on each side of the street are located below the level of the street. In order to install curbing, the street will have to be lowered by some two feet at a cost of over $20,000. Curbing in this section of the street is unfeasible due to excessive extra cost, the necessity of eliminating parking on at least one side of the street, the need to relay water lines and services to stay below the freeze line, and the rebuilding of each connecting driveway. The cost for the construction of storm drain pipe, curbing to direct the storm water to the new inlets, and the repairs to the street, including paving, is estimated to be $242,700. Summit Drive from dead end to dead end at Peters Creek. This section of street is 1,200 feet in length. Summit Drive itself lies in the natural Iow and receives the bulk of runoff from the area. During times of heavy rainfall, sizeable quantities of stormwater runoff flow down Summit Drive to Peters Creek. There exists a ditch system alongside the street that is constantly being compromised by on-street parking pressure. The area is stabilized and other than occasional erosion from heavy rain that washes gravel and some asphalt, no erosion damage is apparent. It is not doubted that the large quantities of flow will occasionally make a mailbox leanor fall down. Attachment II Page 2 The cost for the construction of storm drain pipe, curbing to direct the storm water to the new inlets, and the repairs to the street, including paving, is estimated to be $423,000. Westdale Drive from Summit Lane to Glen Ridqe Drive. This section of street is 400 feet in length. This portion of the street lies on a slope of over 10%, and each side of the road rises, making the street a natural flow channel for storm water tumbling down the street at a high velocity, causing the erosion of unpaved surfaces. The use of curbing is restricted to its use in stormwater management and some aesthetic considerations. A storm drain system is needed here to slow the velocity of the water to a less destructive speed. The cost for the construction of storm drain pipe, curbing to direct the storm water to the new inlets, and the repairs to the street, including paving, is estimated to be $57,400. Glen Ridge Drive from Melrose Avenue to Stonewall Road. This section of street is 2,800 feet in length. Approximately 1,100 feet of the length of this street slopes towards Melrose Avenue, 700 feet slopes to Summit Drive, and the rest slopes towards Stonewall Road. The slopes are gentle, averaging around 5%. Curbing must be limited to one side of the street in most areas due to the extreme sideslope differences. If curbing is installed on the lower side of the roadway, residents accessing the street from that direction will be burdened with damaging their vehicles due to dragging. The only way to reduce the dragging potential is to lower the street and waterline some thirty (30) inches. Even this extreme measure may not eliminate the dragging potential. The cost for the construction of storm drain pipe, curbing (mostly on the upper side of the street), and the repairs to the street, including paving, is estimated to be $506,000. Silverwood Road from Glen Ridge Drive to Summit Drive. This section of street is 950 feet in length. Three hundred (300) feet of this street slopes towards Glen Ridge and the rest slopes towards Summit Drive. The slopes are not severe, averaging about 6%. Curbing will fit nicely on this street and be cf assistance to the storm drain system. Attachment II Page 3 III. The cost for the construction of storm drain pipe, curbing, and the repairs to the street, including paving, is estimated to be $167,300. Stonewall Road from Summit Drive to Dead End. This section of street is 2,000 feet in length. Four hundred (400) feet of this street slopes towards Gaymol Drive with the rest slopping towards Summit Drive. The slopes on the Gaymol end are gentle, with the slopes on the Summit Drive end reaching near 9.5% in some areas. On this street also, the use of curbing is not feasible on the downhill side of the street due to the extremely steep side slopes. The cost for the construction of storm drain pipe, curbing where feasible, and the repairs to the street, including paving, is estimated to be $319,200. Gavmol Drive from Dead End to Stonewall Road. This section of street is 100 feet in length. The slope is towards the undeveloped end of Gaymol and averages about 6%. The cost for the construction of storm drain pipe, curbing, and the repairs to the street, including paving, is estimated to be $49,800. Melrose Avenue from Glen Ridqe Drive to Easterly Entrance to Motel near Peters Creek. This section of street is 400 feet in length and lies on the southerly side of Melrose Avenue. Storm drain pipe is needed here to tie into the pipe being installed as part of the Peters Creek Road widening and extension project. Curbing is needed to replace that destroyed by the storm drain pipe installation. The cost for the construction of storm drain pipe, curbing, and repairs to the street is estimated to be $57,400. SUMMARY: If the entire project is built as a project, the estimated cost for construction is $1,800,000 considering quantity discounts with an additional $185,000 needed for engineering, and $50,000 for easement acquisition and miscellaneous expenses. Overall the project is estimated to cost $2,035,000. K~GLER OR lEANER CL~ // GU Office of the City Manager September 11, 1995 Honorable Mayor David A. Bowers Members of City Council Roanoke, Vir~nia Re: Expenses and Revenues for Washington and Fallon Swimming Pools Dear Mayor Bowers and Members of Council: I would like to report to you regarding the expenses and revenues for the two City swimming pools, a topic which was raised at the June 26, 1995, Council meeting. General Fund support from local tax revenues for the 1994 season was $53,780. General operating expenses for the swimming pools for the summer of 1994 (the last two months of Fiscal '94 and the first three months of Fiscal '95) were $70,563. This figure includes amounts for both personnel as well as program/operating supplies. Please note that program expenditures exceeded General Fund support provided by $16,783. Total admissions collected during the 1994 season were $16,174. The admission revenue serves as a supplement to General Fund support, and as a measure of control, thus contributing towards a safe and secure recreational experience for pool patrons. We are continually striving to improve recreational oppommities and enhance the quality and quantity of services to our residents, swimming and otherwise. This season, we have extended pool operations by opening earlier in the season for weekend swimming; adding a seventh open day each week (no longer closed a fidl day each week for maintenance); and staying open until 8:00 p.m. Friday, Saturday, and Sunday. An effort is made to reduce or waive the present admission fee (Youth - $1.00; Adult - $2.00) for those who are economically disadvantaged. Pool admission fees are reduced by half for non- profit agencies serving families that meet the poverty guidelines established by the Federal Government, Office of Management and Budget. Pool admission fees are waived entirely for City sponsored programs serving the same population. The Department of Human Development distributes free daily swim passes to qualifying youth and sells the half price passes to qualifying non-profit organizations. In addition, free swimming is provided through Youth Summit programs. This includes weekly swim~ for Adventures in the Park participants and ten (10) pool parries for teenagers. There are four (4) parties for middle schoolers and six (6) for high schoolers. Room 364 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (703) 981-2333 September 11, 1995 Honorable Mayor David A. Bowers Page 2 The above is provided for your information, as requested at the June 26, 1995, City Council meeting. No action is required. Respectfully submitted, W. Robert Herbert City Manager WlLH.'jwc C~ William F. Clark, Director of Public Works John W. Coates, Manager of Parks and Recreation MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-254l SANDRA H. EAKIN Deputy City Clerk September 13, 1995 File #110-304 James C. Stephens 1534 Bluemont Avenue, S. W. Apartment No. 122 Roanoke, Virginia 24015 Dear Mr. Stephens: Your communication tendering your resignation as a member of the Youth Services Citizen Board, was before the Council of the City of Roanoke at a regular meeting held on Monday, September 11, 1995. On motion, duly seconded and adopted, the communication was received and filed and your resignation was accepted with regret. The Members of City Council requested that I express sincere appreciation for your willingness to serve the City of Roanoke as a member of the Youth Services Citizen Board. Please find enclosed a Certificate of Appreciation and an aerialview photograph of the Roanoke Valley which was issued by the Mayor on behalf of the Members of the Roanoke City Council. Sincerely, Sandre H. Eakin Deputy City Clerk SHE:sm James C. Stephens September 13, 1995 Page 2 pc~ Thomas H. Miller, Chairperson, Youth Services Citizen Board, 3429 Windsor Road, S. W., Roanoke, Virginia 24018 Marion Vaughn-Howard, Youth Planner MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk September 13, 1995 File #110-304 Thomas H. Miller, Chairperson Youth Services Citizen Board 3429 Windsor Road, S. W. Roanoke, Virginia 24018 Dear Mr. Miller: This is to advise you that Mollie C. DeBerry has qualified as a member of the Youth Services Citizen Board for a term ending May 31, 1998. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm pc: Marion Vaughn-Howard, Youth Planner Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Mollie C. DeBerry, 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 Youth Services Citizen Board for a term ending May 31 1998, according to the best of my ability. $o help me God. Subscribed and sworn to before me this'~)-~ day 95. ARTHUR B. CRUSH, III, CLERK ~ .~ _"~_ "- ~ \ DEPUTY CLERK MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk September 13, 1995 File #20-27-66-237 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, September 11, 1995, Ms. Jo Wilson addressed Council with regard to drainage, erosion, traffic and flooding concerns in connection with the proposed Cravens Creek Stable subdivision. On motion, duly seconded and adopted, the matter was referred to you for report to Council. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm pc: Ms. Jo Wilson, 4107 Lake Drive, Roanoke, Virginia 24018 William F. Clark, Director, Public Works John R. Marlles, Chief, Planning and Community Development 4107 Lake Drive Roanoke, VA 24018 Seal, alt)er 1, 1995 The Honorable IVayor and Members of Counci 1 215 Church Avenue Rocxn 456 Roanoke, VA 24011 Honorable Mayor and Members of Counci 1: On behalf of the Cravens Cr~-Spring Valley Lake area residents, I respectfully request time on the agenda of the City Oouncil Meeting on Sept~,-~er 11, 1995 at 3:00 in the afternoon. The subject of our presentation will be our concerns about drainage, erosion, traffic, and flooding relat~ ~o the proposed eleven house subdivision on Lot 12, Map 117 known as the cravens Creek S~able property. At l~nat time, I, es spokesperson, will present the signatures and concerns of residents. Maps and pictures, facts and figures will provide infc~¥~ation and evidence that our concerns are an i~sue of Pubt ic Safety. The recent tragedy in Lyncl~rg heightened an awareness of the consequences of irresponsible development and also resulted in a visit from a Stats Dam Safety Inspector. Reportedly, ~he hazard potential to life and property is significantly increased by high density davelc~ment locatsd 1) downstream of two earthen dams, and 2) on a stream ~hich is already prone to dangerous flooding. This flood-safety concern has b~--~q stsl~d orally and in writing to the Planning Commission. To dats, we have received no response to many me~sages and inquires, no request for input, facts, or information. Representatives of the people and officers of the City of Roanoke have an ethical duty to examine the facts, the concerns, and the consequence~ of planning decisions. Therefore, we will appreciate the opportunity to pre~qt our concerns and ~upporting facts for your fair and impartial review. Sincerely, Cravens Crc~-Spring Valley Lake Neighborhood MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SA~NDRA H. EAKIN Deputy City Clerk September 13, 1995 File #53-467 The Reverend C. Nelson Harris, Chairperson Roanoke City School Board 2813 Edgewood Street, S. W. Roanoke, Virginia 24015 Dear Reverend Harris: I am enclosing copy of Resolution No. 32638-091195 authorizing the appropriate City officials to make application to the Virginia Public School Authority under the Authority's 1995 Interest Rate Subsidy Program for financing, in an amount not to exceed $4,400,000.00, of certain capital improvements for public schools in the City. Resolution No. 32638-091195 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 11, 1995. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. pc; Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public Schools June S. Nolley, Clerk of the Roanoke City School Board IN THECOUNCILOF THE CITY OF ROANOKE, VIRGINIA The llth day of September, 1995. '-- ~ No. 32638-091195. A RESOLUTION authorizing the appropriate City officials to make application to the Virginia Public School Authority for financing under the Authority's 1995 Interest Rate Subsidy Program. WHEREAS, this Council has determined that it may be advisable for the City of Roanoke to contract a debt and issue general obligation bonds in an amount not to exceed $4,400,000 to finance certain capital improvements for public school purposes and to sell the bonds to the Virginia Public School Authority (the "VPSA") under the 1995 Interest Rate Subsidy Program. NOW, THEREFORE, be it resolved by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is hereby authorized and directed to make application to the VPSA under the VPSA 1995 Interest Rate Subsidy Program for financing, in an amount not to exceed $4,400,000, of certain capital improvements for public schools in the City. 2. All actions taken by the City Manager or the Assistant City Manager that are in compliance with this resolution are hereby ratified and confirmed. ATTEST: City Clerk. September 11, 1995 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance School Board Request for the Approval of 1995 Virginia Public School Authority (VPSA) Bond Issue We have reviewed the attached request to approve a resolution indicating that Roanoke City desires to participate in the VPSA bond issue. The resolution requests that the City of Roanoke apply to the VPSA for up to $4,400,000 of financing under the Authority's 1995 Literary Fund Interest Rate Subsidy to provide funding for improvements and additions to Wasena Elementary School and Jackson Middle School. The proceeds of the bond issue will be used in lieu of the Literary Fund loans, applications for which were previously approved by City Council. We recommend that you concur with this request of the School Board. Director of Finance JDG/ICF/bls Attachments c: lla Farris, Senior Accountant Marsha W. Ellison John H. Saunders ,~r~t c. Nelson Hams, Chairman Marilyn L. Curtis, Vice Chairman Meiinda J. Payne Dr. E. Wayne Harris, Superintendent Charles W. Day Dr. Finn D. Pincus June S. Nolley, Clerk of the Board ~Qnoke - City School Board P. 0 .Box 13145, Roanoke, Virginia 24031 · 540-981-2381 · Fax: 540-981-2951 August 28. 1995 The Honorable David A. Bowers, Mayor and Members of Roanoke Ci~ Council Roanoke, VA 24011 De~r Members of Council: As the result of official School Board action at a special meeting on August 28, 1995, the Board approved an application and a resolution for Roanoke City Public Schools to participate in the 1995 Virginia Public School Authority (VPSA) bond issue. The proceeds of the bond issue will be used in I.i_e__u of the Literary Fund loans approved by the state for Wasena Elementary School and Jackson Middle School. Roanoke City Council is requested to approve a resolution indicating that Roanoke City desires to participate in the VPSA bond issue. No further action is required of the City at this time. If the application is approved by the VPSA board, Council will be requested to conduct public hearings and perform any other procedural matters that may be required for participation in the VPSA bond issue. The Roanoke City School Board appreciates the assistance of the City Administration in preparing the necessary documents required for participation in the bond issue. Sincerely, ~/June S. Nolley, CPS Clerk of the Board re Eno. CC: Rev. C. Nelson Harris Dr. E Wayne Harris Mr. Richard L Kelley Mr. William L Murray, Jr. Mr. Ken F. Mundy r. W. Robert Herbert Mr. Wilburn C. Dibling r. ]ames D. Grisso Excellence in Education' ~'~1 C. Nelson Hams, Chairman Marsha W. Eilison John H. Saunders Manlyn L. Curtis, Vice Chairman Melinda J. Payne Dr. E. Wayne Harris, Superintendent Charles W. Day Dr. Finn D. Pincus June S. Nolley, Clef1( of the Board fRoanoke '~, City Schoo~ [~OC~l'C~ p. O .E~ox 13145. Roanoke, Virginia 24031 · 540-g81-2381 ,, Fax: 540-981-2951 August 28, 199S RESOLUTION OF ROANOKE CITY SCHOOL BOARD REQUESTING THE CITY OF ROANOKE TO ISSUE GENERAL OBLIGATION SCHOOL BONDS FOR SCHOOL PURPOSES AND CONSENTING TO THE ISSUANCE THEREOF "RESOLVED that the Roanoke City School Board hereby (i) requests the City of Roanoke to apply to the Virginia Public School Authority for up to $4,400,000.00 of financing under the Authority's 199S Literary Fund Interest Rate Subsidy Program to provide funding for improvements and additions to Wasena Elementary School and Jackson Middle School, (ii) requests the City of Roanoke to issue its general obligation school bonds in an amount not to exceed :$4,400,000.00 pursuant to such Interest Rate Subsidy Program, and (iii) consents to the issuance of such bonds." C. Nelson Harris, Chairman une S. Nolley, Clerk re Excellence in Education MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke. Virginia 24011-1536 Telephone: (703) 981-2541 September 13, 1995 File #72-165-178-236 SANDRA H. EAKIN Deputy City Clerk Florine Thornhill, President Northwest Neighborhood Environmental Organization, Inc. 802 Loudon Avenue, N. W. Roanoke, Virginia 24016 Dear Ms. Thornhill: I am enclosing copy of Resolution No. 32639-091195 authorizing the City Manager to execute grant agreements, and amendments thereto, if necessary, with the Northwest Neighborhood Environmental Organization (NNEO), to provide funding for construction of two new single-family houses located on vacant lots owned by NNEO et 814 Loudon Avenue, N. W., and 1002 Loudon Avenue, N. W., in the amount of $35,700.00, and the rehabilitation of a single-family house at 719 Gilmer Avenue, in the amount of $55,200.00. Resolution No. 32639-091195 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 11, 1995. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Eric. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of September, 1995. No. 32639-091195. A RESOLUTION authorizing agreements, and amendments thereto, Northwest Neighborhood Environmental provide funding for the construction the City Manager to execute grant if necessary, with the Organization (NNEO), to of two new single-family houses located on vacant lots owned by NNEO at 814 Loudon Avenue, N.W., and 1002 Loudon Avenue, N.W., and the rehabilitation of a single-family house at 719 Gllmer Avenue, upon certain terms and conditions. BE follows: 1. the City IT RESOLVED by the Council of the City of Roanoke as That the City Manager or the Assistant City Manager and Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, grant agreements with Northwest Neighborhood Environmental Organization (NNEO), which agreements shall provide for the use of HOME funds in the amount of $35,700.00 for the construction of two new single-family houses located on vacant lots owned by NNEO at 814 Loudon Avenue, N.W., and 1002 Loudon Avenue, N.W., and $55,200.00 to rehabilitate a single-family house at 719 Gilmer Avenue, and amendments thereto, if necessary, such amendments shall be for the purposes and within the limits of the funds appropriated for each project as set forth in the Agreements, all of which shall be in accordance with the recommendations contained in the City Manager's report to this Council dated September 11, 1995. Roanoke, Virginia September 11, 1995 95-33 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: II. 1995-96 HOME Investment Partnerships Program (HOME) Agreements with the Northwest Neighborhood Environmental Organization, Inc. (NNEO) Ao The City. has certified NNEO to be a bona fide Community Housing Development Organization (CHDO), as defined by the U.S. Department of Housing and Urban Development (HUD). Bo The 1994 HOME Investment Partnerships Program (HOME) allocation from HUD was accepted by Council on August 8, 1994, by Resolution No. 32142-080894, and funds appropriated by Budget Ordinance No. 32141-080894. Co Of the $605.000 HOME fi~nd~ allocateat in 1994, a minimum of 15 %, or $90.750, must be committed to a Community Housing Development Organization (CHDO) for project costs. To date. 5;19.494 of the 1994 HOME CHDO funds have be{m committed, Do Deadline for committing the remaining 1994 HOME allocation is May 31, 1996. After this date, any uncommitted 1994 HOME funds may be recaptured by HUD. City has funded fifteen rehabilitation or new construction projects in partnership with NNEO through Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and City General Funds since 1982. mo NNEO submitted proposals for two new projects to be conducted during the 1995/96 period to increase homeownership opportunities for low- and very-low- income families: The "Gilmer Avenue Rehabilitation" project commits $55.200 in HOME funds to rehabilitate a single-family house at 719 Gilmer Avenue. Of the HOME funds, $45,200 will be used for direct project costs and $10,000 for Members of Council Page 2 III. Issues: A. B. C. CHDO operating costs during the 1995/96 period. Total funding needed for the project is estimated to be $84,700, which also includes $25,000 to be secured through private lending institutions and $4,500 from NNEO's own resources. (See the Agreement at Attachment A to this report.) The "New Construction" pro_iect commits $35.700 in HOME fiJnd~ to construct two (2) new single-family houses on vacant lots presently owned by NNEO at 814 and 1002 Loudon Avenue. Of the HOME funds, $19,200 will be used for direct project costs and $16,500 for CHDO operating costs during the 1995/96 period. Total funding needed for the project is estimated to be $191,200, which also includes $61,500 to be secured through private lending institutions and $19,000 from NNEO's own resources. A HUD "John Heinz" grant for $75,000 has already been secured by NNEO for the balance of needed project funds. (See the Agreement at Attachment B to this report.) Ci_ty Council authorized the two (2) NNEO 1995/96 HOME projects and funding as part of the Consolidated Plan approved for submission to HUD on May 8, 1995, by Resolution No. 32476-050895. HUD approved the plan as of June 28, 1995. City Council must approve execution of the agreements with the NNEO in order to implement the HOME projects and permit payment to the NNEO for costs incurred. HOME funds mu~qt be mamhed at a rate of 12.5%, which does not apply to CHDO "operating" funds or to any funds available from the 1992 allocation. The match requirement for the two NNEO projects will be $8.050. Match sources include cash as well as in-kind contributions from non-federal sources. No outlays of City funds will be needed to meet the match requirement. The availability of matching funds will be verified and documented by the Office of Grants Compliance prior to the release of funds. Cost to the City. Progress in committing HOME CHDO fund~ Impact on neighborhood revitalizatiotl. D. Consistency with the Consolidated Plan. Members of Council Page 3 IV. ~Ml, e, rm~zm: Authorize the City. Manager or the Assistant City Manager to execute, and the City Clerk to attest, the 1995-96 HOME Agreements (Attachments A and B) with the NNEO and amendments thereto, if necessary, approved as to form by the City Attorney. Any such amendments shall be within the limits of the funds appropriated by City Council for each of the projects, shall be within the purposes for each of the projects as set forth in the Agreements, and shall be approved as to form by the City Attorney. Cost to the City will be $90_900 ($64,400 project and $26,500 operating) in HOME funds; funding is available in the HOME accounts listed on the last page of each Agreement. Progress in committing HOME CHDO fund~ will be achieved. The $90,900 being committed to the two (2) projects will leave only $6,856 in projects funds which must be committed to CHDO projects by May 31, 1996. (NOTE: Of the $6,856 available, $6,374 will be recommended for commitment to another NNEO project by Council Report 95-32.) Impact on neighborhood revitalization will be positive. Upon completion of the projects, one rehabilitated unit and two new units will have been made available for homeownership. This will enhance the appearance, property values and stability of the neighborhood, while increasing the City's stock of decent, affordable housing. Consistency with the Consolidated Plan will be assured. The projects and funding covered by these Agreements are specifically authorized in the Plan for implementation by the NNEO. B. Do not authorize execution of the 1995-96 HOME Agreements with the NNEO. Cost to the City will be the loss of potential real estate tax revenues if the project is not completed. 2. Progress in committing HOME CHDO funds will not be achieved. Impact on neighborhood revitalization from delaying or failure to complete the project would be negative. Consistency with the Consolidated Plan would not be achieved, since the NNEO is specifically identified as the agency which will conduct the projects covered by these Agreements. Members of Council Page 4 Recommendation: Concur with Alternative A, authorizing the City Manager or the Assistant City Manager to execute, and the City Clerk to attest, the 1995-96 HOME Agreements (Attachments A and B) with the NNEO and amendments thereto, if necessary, approved as to form by the City Attorney. Any such amendments shall be within the limits of the funds appropriated by City Council for each of the projects, shall be within the purposes for each of the projects as set forth in the Agreements, and shall be approved as to form by the City Attorney. WRH/feb Attachments C: Respectfully submitted, W. Robert Herbert City Manager Assistant City Manager City Attorney Director of Finance Director of Public Works Director of Human Development Budget Administrator Housing Development Coordinator Office of Grants Compliance Roanoke Neighborhood Partnership Coordinator President, Northwest Neighborhood Environmental Organization Attachment A AGREEMENT This Agreement is made and entered into this following parties: day of 1995, by and between the The City City of Roanoke, Virginia 215 Church Avenue, S.W. Roanoke, Virginia 24011 The Community Housing Development Organization Northwest Neighborhood Environmental Organization, Inc. 802 Loudon Avenue, N.W. Roanoke, Virginia 24016 WITNESSETH: WHEREAS, the Roanoke City Council approved by Resolution No. 32142-080894 the 1994 HOME program and by Ordinance No. 32141-080894 appropriated funds therefor; and WHEREAS, the Roanoke City Council on , 1995, approved by Resolution No. the execution of a subgrant agreement between the City of Roanoke ("the City") and the Northwest Neighborhood Environmental Organization, Inc. CNNEO"); and WHEREAS, the City has certified NNEO to be a bona fide Community Housing Development Organization CCHDO") as defined by the U.S. Department of Housing and Urban Development ("HUD"); and WHEREAS, NNEO is experienced in providing services to and on behalf of low income citizens; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. USE OF HOME FUNDS: Scope of Services - Funds under this Agreement shall be used by NNEO to expand homeownership opportunities for low- and very-low-income first-time homebuyers, i.e. families whose annual incomes do not exceed 80% of the median family income level, adjusted for family size, as required by HUD. Specifically, NNEO will use HOME funds to rehabilitate the existing, vacant, single-family dwelling which it owns at 719 Gilmer Avenue, N.W. Upon completion of the rehabilitation, NNEO will offer the property for sale to the targeted homebuyers. NNEO will be responsible for all aspects of the rehabilitation and sale of the property, either directly or through third parties it selects. Schedule - NNEO shall begin efforts as soon as practicable after the date of this Agreement, specified above, and complete the rehabilitation by June 30, 1996. Marketing of the property to potential homebuyers will commence not later than completion of the rehabilitation work. Page I ~ - The total estimated budget for this project is $84,700, of which $55,200 will be provided by the City from its HOME funds. Of the HOME funds provided, $45,200 will be designated "project funds" and $10,000 as "CHDO operating funds." NNEO will offer an estimated $4,500 from its own resources and will arrange an estimated $25,000 in private financing to provide the balance of project funding. Match - Funds drawn from the City's HOME Investment Trust Fund must be matched in accordance with the requirements contained in 24 CFR 92.218 through 92.222. It shall be the City's responsiblity to determine the amount and ensure crediting of matching funds required pursuant to this Agreement. NNEO shall report regularly to the City all activities which may be credited against the HOME match requirement. NNEO shall ensure that all housing units assisted with HOME funds under this Agreement will adhere to the affordability requirements of 24 CFR 92.254 and 92.258, as applicable. Such requirements include, but are not necessarily limited to, the following: Each property shall have an initial purchase price and an appraised value at acquisition or upon completion of necessary rehabilitation which does not exceed $127,750, i.e. 95 % of the area median single-family house value; (2) Each property shall be the principal residence of the buyer, whose family shall qualify as low-income at the time of the purchase or the commitment of HOME funds; and (3) Each property shall be subject to resale restrictions or recapture provisions in accordance with 24 CFR 92.254 which shall remain in effect for minimum periods of: 5 years, where the per unit amount of HOME (project) funds provided is less than $15,000; 10 years, if $15,000 to $40,000; and 15 years, if greater than $40,000. These restrictions shall be enforced pursuant to paragraph 12 of this Agreement. NNEO shall monitor all HOME-assisted properties to ensure maintenance of their affordability for the minimum period. Monitoring procedures of NNEO must be in accordance with HUD regulations. (See also paragraphs 13 below.) In the event a property is sold at less than its market value, as established by appraisal, the difference shall be considered a HOME subsidy in the property. Upon sale, a minimum of $1,000 HOME subsidy shall remain in the property to ensure compliance with affordability requirements. 3. PAYMENT OF PROCEEDS FROM SAI,E~ Upon NNEO's sale of a property cited in paragraph 1, gross proceeds shall be distributed as follows: first, private lending institutions shall be repaid; second, NNEO shall recover its funds invested in the project; third, NNEO shall retain a developer's fee or fees, as defined in subparagraph b. below; and fourth, the City's HOME Investment Trust Fund shall be repaid any Page 2 funds remaining. Should the gross proceeds be insufficient to allow NNEO to recover its invested funds and/or retain a developer's fee, the City shall not be liable for the deficiency. Where the gross proceeds from the sale of the properties cited in paragraph 1. permit, NNEO shall receive a developer's fee for each property. This fee shall be deemed in compensation for the effort expended by NNEO associated with conducting the project. The amount of the fee shall be 7.5% of the "adjusted project budget," as defined in subparagraph c. below, up to a maximum of $5,000. For projects involving more than one property, the base for computing each developer's fee shall be the adjusted project budget divided by the number of properties to be sold to low-income homebuyers under the project. Co For the purposes of this paragraph, the "adjusted project budget" shall mean the total project budget minus any amounts budgeted as CHDO operating funds or any amounts ~ use by other entities to provide for relocation of current tenants of the property(ies), downpayment/closing cost or other homebuyer assistance, or other forms of assistance not directly associated with the production of the housing. In the event this project is terminated before completion, as defined under the HOME Cash and Management Information System, any HOME funds disbursed to NNEO, whether or not expended for project costs, shall be repaid by NNEO to the HOME Investment Trust Fund. b. All repayments, interest and other return on the investment of HOME funds shall be returned to the City within 15 days of receipt by NNEO. 5. UNIFORM ADMINISTRATIVE REOUIREMENTS: NNEO shall comply with applicable uniform administrative requirements for programs as set forth in 24 CFR part 92.505. 6. PROJECT REOUIREMENTS: NNEO shall comply with project requirements detailed in Subpart F of 24 CFR part 92, as applicable, in accordance with the type of project assisted. 7. OTHER PROGRAM REOUIREMENTS: NNEO shall carry out each activity in compliance with all federal laws and regulations described in subpart H of 24 CFR 92, except that NNEO does not assume the City's responsibilities for environmental review in 24 CFR 92.352 or the intergovernmental review process in 24 CFR 92.359. All proposals for HOME-assisted rehabilitation in the City shall be submitted to the City's Office of Grants Compliance for determination of the structure's eligibility for inclusion on the National Register of Historic Places. If property is historically eligible, all project plans and specifications Page 3 will be submitted to the City's Office of Grants Compliance for review as to compliance with Section 106 of the National Historic Preservation Act. 8. CONDITIONS FOR RELIGIOUS ORGANIZATIONS. NNEO shall not grant or loan any HOME funds to primarily religious organizations for any activity, including secular activities. In addition, HOME funds may not be used to rehabilitate or construct housing owned by primarily religious organizations or to assist primarily religious organizations in acquiring housing. In particular, there shall be no religious or membership criteria for tenants of any HOME-assisted properties. 9. REQUESTS FOR DISBURSEMENTS OF FUNDS; Disbursement of funds under this Agreement shall not be requested until the funds are needed for payment of eligible costs. The amount of each request must be limited to the amount needed. Requests for disbursements of funds for the project will be submitted with documentation by NNEO to the City's Project Manager. The Project Manager will examine the documentation for consistency with the project description and, if satisfactory, will approve the request. The payment request will be forwarded to the Office of Grants Compliance for its approval and submission to the Department of Finance for disbursement of funds to NNEO. Within thirty (30) calendar days of the last disbursement of funds by the City, NNEO shall submit to the Project Manager and the Office of Grants Compliance a final report summarizing all expenditures and accomplishments. 10. REVERSION OF ASSETS: Upon expiration of this Agreement, NNEO must transfer to the City any HOME funds on hand at the time of expiration and any accounts receivable attributable to the use of HOME funds. 11. RECORDS AND REPORTS; NNEO agrees to submit such reports as may be requested by the City concerning the activities conducted under this Agreement. Further, the following shall apply with respect to the records to be maintained: a. Project records to be maintained: At a minimum, for each project assisted with HOME funds under this Agreement, NNEO shall maintain documents and records which evidence: (1) that each project complies with the property standards of 24 CFR 92.251. (2) that each rental housing project complies with the requirements of 24 CFR 92.252 for the required period of affordability. Records must be kept for each family assisted. (3) that tenant and participant protections comply with the requirements of 24 CFR 92.253. (4) that each homeownership project complies with the requirements of 24 CFR 92.254 for Page 4 affordability, including the initial purchase price and appraised value (after rehabilitation, if required) of the property. Records must be kept for each family assisted. (5) whether the project is mixed-income, mixed-use, or both, in accordance with 24 CFR 92.255 or 24 CFR 92.256. (6) that, consistent with 24 CFR 91.225(d)(3), NNEO has evaluated each housing project and has not invested any more HOME funds in combination with other federal assistance than necessary to provide affordable housing. b. Period of record retention: Except as provided in paragraph (1), (2), or (3) of this section, records must be retained for three years after closeout of the funds. In the event of any litigation, claim, negotiation, audit, or other action, records must be retained until completion of the action and resolution of all issues which arise from it or until the end of the three-year period, whichever is later. (2) Records under 24 CFR part 92, subparts F and H, regarding project requirements and other requirements that apply for the duration of the period of affordability (24 CFR 92.350, 92.351, and 92.358), as well as the written agreement and inspection and monitoring reports, must be retained for three years after the required period of affordability specified in 24 CFR 92.252 or 24 CFR 92.254, as applicable. (3) Records covering displacements and acquisition must be retained for at least three years after the date by which all persons displaced from the property and all persons whose property is acquired for the project have received the final payment to which they are entitled in accordance with 24 CFR 92.353. Access to recorcts; The City, HUD and the Comptroller General of the United States, or any of their representatives, have the right of access to any pertinent books, documents, papers and other records of the NNEO in order to make audits, examinations, excerpts, and transcripts. Citizens, public agencies, and other interested parties must be provided with reasonable access to records, consistent with applicable state and local laws regarding privacy and obligations of confidentiality. 12. ENFORCEMENT OF THE AGREEMENT: In accordance with 24 CFR 85.43, the City may suspend or terminate this Agreement if NNEO materially fails to comply with any term of the Agreement. This Agreement may be also terminated for convenience in accordance with 24 CFR 85.44. The affordability provisions referenced in paragraph 2 of this Agreement shall be enforced by written covenant between NNEO and each homebuyer as a condition of sale. Covenants shall be recorded with the property deeds. Covenants shall provide that, for the period of affordability, the City be notified of any pending resale of any property identified in paragraph 1 of this Agreement. Covenants shall comply with HUD regulations relating to HOME funds, and shall be approved as Page 5 to form by the City Attorney's Office. Covenants shall provide that if affordability provisions are not met upon resale of a property, the HOME subsidy shall be repaid to the City from the proceeds of the resale. 13. DURATION OF THE AGREEMENT: For the purposes of monitoring affordability by NNEO, this Agreement shall be in effect through the latest date on which any housing unit assisted with HOME funds under this Agreement is subject to the affordability requirements of 24 CFR 92.252, 92.254 or 92.258, as applicable. However, should the City fail to provide NNEO administrative funding for such monitoring pursuant to this or any other agreement, the monitoring and record keeping requirements of this Agreement shall revert to City. In the event of such reversion, NNEO shall promptly provide to City all records and documents in NNEO's possession necessary to effect such monitoring. Not less than annually, the City shall review NNEO's performance under the terms, conditions and expectations of this Agreement, including financial management and compliance with applicable local state and federal statutes, regulations, policies and procedures. NNEO shall provide for an independent, annual audit of all HOME expenditures under this Agreement, in accordance with Circular A-133. Two copies of the audit report shall be furnished to the City within 30 days after completion of the audit. 16. THIRD-PARTY CONTRACTS: The City shall not be obligated or liable hereunder to any party other than NNEO. 17. I151DF.,MIS!.T~ NNEO agrees to indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, liability, causes of actions, suits of any nature, costs, and expenses, including reasonable attorney's fees, resulting from or arising out of NNEO's intentional or negligent acts or omissions in providing the services under this Agreement, including without limitation, fines and penalties, violation of federal, state or local laws, or regulations promulgated thereunder, personal injury, wrongful death or property damage claims. 18. CONFLICT OF INTEREST: No employee, agent, consultant, officer or appointed official of NNEO, who is in a position to participate in a decision-making process or gain inside information with regard to any HOME activities, may obtain a personal or financial interest in or benefit from any of the activities, or have Page 6 an 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. 19. ~ This Agreement shall be binding upon each of the parties, and their assigns, purchasers, trustees, and successors. 20. ~ This Agreement, including any Attachments and Exhibits, represents the entire agreement between the parties, which shall not be modified, amended, altered or changed, except by written agreement executed by the parties. 21. ~ This Agreement shall be governed by laws of the Commonwealth of Virginia. 22. AVAILABILITY OF FUNDS: Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME) and/or Emergency Shelter Grant (ESG) funding, as applicable, to be made available by the City of Roanoke under this Agreement is contingent upon necessary appropriations by the U.S. Congress. In the event that sufficient funds are not appropriated, at the sole discretion of the City of Roanoke, this Agreement may be terminated in whole or in part. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove written: ATYEST: CITY OF ROANOKE By By Mary F. Parker, City Clerk City Manager/Assistant City Manager ATTEST: COMMUNITY HOUSING DEVELOPMENT ORGANIZATION By By Louise J. Penn, Secretary Northwest Neighborhood Environmental Organization, Inc. Florine Thornhill, President Northwest Neighborhood Environmental Organization, Inc. Page 7 APPROVED AS TO HOME ELIGIBILITY APPROVED AS TO FORM Office of Grants Compliance Assistant City Attorney APPROVED AS TO EXECUTION APPROVED AS TO FUNDS AVAILABLE Assistant City Attorney Director of Finance Date Account 035-052-5302-5312 $10,000 Operating 035-052-5302-5313 $45.200 Pro_iect Page 8 Attachment B AGREEMENT This Agreement is made and entered into this following parties: day of 1995, by and between the The City City of Roanoke, Virginia 215 Church Avenue, S.W. Roanoke, Virginia 24011 The Community Housing Development Organization Northwest Neighborhood Environmental Organization, Inc. 802 Loudon Avenue, N.W. Roanoke, Virginia 24016 WITNESSETH: WHEREAS, the Roanoke City Council approved by Resolution No. 32142-080894 the 1994 HOME program and by Ordinance No. 32141-080894 appropriated funds therefor; and WHEREAS, the Roanoke City Council on , 1995, approved by Resolution No. the execution of a subgrant agreement between the City of Roanoke ("the City") and the Northwest Neighborhood Environmental Organization, Inc. ("NNEO"); and WHEREAS, the City has certified NNEO to be a bona fide Community Housing Development Organization CCHDO") as defined by the U.S. Department of Housing and Urban Development ("HUD"); and WHEREAS, NNEO is experienced in providing services to and on behalf of low income citizens; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. USE OF HOME FUNDS: Scope of Services - Funds under this Agreement shall be used by NNEO to expand homeownership opportunities for low- and very-low-income first-time homebuyers, i.e. families whose annual incomes do not exceed 80% of the median family income level, adjusted for family size, as required by HUD. Specifically, NNEO will use HOME funds to construct two (2) new, single-family houses on two (2) vacant lots, 814 and 1002 Loudon Avenue, N.W., which it owns. Upon completion of the construction, NNEO will offer the properties for sale to the targeted homebuyers. NNEO will be responsible for all aspects of the construction and sale of the properties, either directly or through third parties it selects. ~ - NNEO shall begin efforts as soon as practicable after the date of this Agreement, specified above, and complete the construction by June 30, 1996. Marketing of the properties to potential homebuyers will commence not later than completion of the construction work. Page 1 Badg.~ - The total estimated budget for this project is $191,200, of which $35,700 will be provided by the City from its HOME funds. Of the HOME funds provided, $19,200 will be designated "project funds" and $16,500 as "CHDO operating funds." NNEO will offer an estimated $19,000 from its own resources and will arrange an estimated $61,500 in private financing. A John Heinz Grant of $75,000 has been secured and will provide the balance of needed project funding. do Match - Funds drawn from the City's HOME Investment Trust Fund must be matched in accordance with the requirements contained in 24 CFR 92.218 through 92.222. It shall be the City's responsihlity to determine the amount and ensure crediting of matching funds required pursuant to this Agreement. NNEO shall report regularly to the City all activities which may be credited against the HOME match requirement. NNEO shall ensure that all housing units assisted with HOME funds under this Agreement will adhere to the affordability requirements of 24 CFR 92.254 and 92.258, as applicable. Such requirements include, but are not necessarily limited to, the following: (1) Each property shall have an initial purchase price and an appraised value at acquisition or upon completion of necessary rehabilitation which does not exceed $127,750, i.e. 95 % of the area median single-family house value; (2) Each property shall be the principal residence of the buyer, whose family shall qualify as low-income at the time of the purchase or the commitment of HOME funds; and (3) Each property shall be subject to resale restrictions or recapture provisions in accordance with 24 CFR 92.254 which shall remain in effect for minimum periods of: 5 years, where the per unit amount of HOME (project) funds provided is less than $15,000; 10 years, if $15,000 to $40,000; and 15 years, if greater than $40,000. These restrictions shall be enforced pursuant to paragraph 12 of this Agreement. NNEO shall monitor all HOME-assisted properties to ensure maintenance of their affordability for the minimum period. Monitoring procedures of NNEO must be in accordance with HUD regulations. (See also paragraphs 13 below.) In the event a property is sold at less than its market value, as established by appraisal, the difference shall be considered a HOME subsidy in the property. Upon sale, a minimum of $1,000 HOME subsidy shall remain in the property to ensure compliance with affordability requirements. 3. PAYMENT OF PROCEEDS FROM SALE; Upon NNEO's sale of a property cited in paragraph 1, gross proceeds shall be distributed as follows: first, private lending institutions shall be repaid; second, NNEO shall recover its funds invested in the project; third, NNEO shall retain a developer's fee or fees, as defined in Page 2 subparagraph b. below; and fourth, the City's HOME Investment Trust Fund shall be repaid any funds remaining. Should the gross proceeds be insufficient to allow NNEO to recover its invested funds and/or retain a developer's fee, the City shall not be liable for the deficiency. Where the gross proceeds from the sale of the properties cited in paragraph 1. permit, NNEO shall receive a developer's fee for each property. This fee shall be deemed in compensation for the effort expended by NNEO associated with conducting the project. The amount of the fee shall be 7.5 % of the "adjusted project budget," as defined in subparagraph c. below, up to a maximum of $5,000. For projects involving more than one property, the base for computing each developer's fee shall be the adjusted project budget divided by the number of properties to be sold to low-income homebuyers under the project. For the purposes of this paragraph, the "adjusted project budget" shall mean the total project budget minus any amounts budgeted as CHDO operating funds or any amounts ~ use by other entities to provide for relocation of current tenants of the property(ies), downpayment/closing cost or other homebuyer assistance, or other forms of assistance not directly associated with the production of the housing. In the event this project is terminated before completion, as defined under the HOME Cash and Management Information System, any HOME funds disbursed to NNEO, whether or not expended for project costs, shall be repaid by NNEO to the HOME Investment Trust Fund. b. All repayments, interest and other return on the investment of HOME funds shall be returned to the City within 15 days of receipt by NNEO. 5. UNIFORM ADMINISTRATIVE REOUIREMENT$. NNEO shall comply with applicable uniform administrative requirements for programs as set forth in 24 CFR part 92.505. 6. PROJECT REOUIREMENT$i NNEO shall comply with project requirements detailed in Subpart F of 24 CFR part 92, as applicable, in accordance with the type of project assisted. 7. OTHER PROGRAM REOUIREMENTS; NNEO shall carry out each activity in compliance with all federal laws and regulations described in subpart H of 24 CFR 92, except that NNEO does not assume the City's responsibilities for environmental review in 24 CFR 92.352 or the intergovernmental review process in 24 CFR 92.359. All proposals for HOME-assisted rehabilitation in the City shall be submitted to the City's Office of Grants Compliance for determination of the structure's eligibility for inclusion on the National Register of Historic Places. If property is historically eligible, all project plans and specifications Page 3 will be submitted to the City's Office of Grants Compliance for review as to compliance with Section 106 of the National Historic Preservation Act. 8. CONDITIONS FOR RELIGIOUS ORGANIZATIONS: NNEO shall not grant or loan any HOME funds to primarily religious organizations for any activity, including secular activities. In addition, HOME funds may not be used to rehabilitate or construct housing owned by primarily religious organizations or to assist primarily religious organizations in acquiring housing. In particular, there shall be no religious or membership criteria for tenants of any HOME-assisted properties. 9. REQUESTS FOR DISBURSEMENTS OF FUNDS; Disbursement of funds under this Agreement shall not be requested until the funds are needed for payment of eligible costs. The amount of each request must be limited to the amount needed. Requests for disbursements of funds for the project will be submitted with documentation by NNEO to the City's Project Manager. The Project Manager will examine the documentation for consistency with the project description and, if satisfactory, will approve the request. The payment request will be forwarded to the Office of Grants Compliance for its approval and submission to the Department of Finance for disbursement of funds to NNEO. Within thirty (30) calendar days of the last disbursement of funds by the City, NNEO shall submit to the Project Manager and the Office of Grants Compliance a final report summarizing all expenditures and accomplishments. 10. REVERSION OF ASSETS; Upon expiration of this Agreement, NNEO must transfer to the City any HOME funds on hand at the time of expiration and any accounts receivable attributable to the use of HOME funds. 11. RECORDS AND REPORTS; NNEO agrees to submit such reports as may be requested by the City concerning the activities conducted under this Agreement. Further, the following shall apply with respect to the records to be maintained: a. Project records to be maintained: At a minimum, for each project assisted with HOME funds under this Agreement, NNEO shall maintain documents and records which evidence: (1) that each project complies with the property standards of 24 CFR 92.251. (2) that each rental housing project complies with the requirements of 24 CFR 92.252 for the required period of affordability. Records must be kept for each family assisted. (3) that tenant and participant protections comply with the requirements of 24 CFR 92.253. (4) that each homeownership project complies with the requirements of 24 CFR 92.254 for Page 4 affordability, including the initial purchase price and appraised value (after rehabilitation, if required) of the property. Records must be kept for each family assisted. (5) whether the project is mixed-income, mixed-use, or both, in accordance with 24 CFR 92.255 or 24 CFR 92.256. (6) that, consistent with 24 CFR 91.225(d)(3), NNEO has evaluated each housing project and has not invested any more HOME funds in combination with other federal assistance than necessary to provide affordable housing. b. Period of record retention: Except as provided in paragraph (1), (2), or (3) of this section, records must be retained for three years after closeout of the funds. (1) In the event of any litigation, claim, negotiation, audit, or other action, records must be retained until completion of the action and resolution of all issues which arise from it or until the end of the three-year period, whichever is later. (2) Records under 24 CFR part 92, subparts F and H, regarding project requirements and other requirements that apply for the duration of the period of affordability (24 CFR 92.350, 92.351, and 92.358), as well as the written agreement and inspection and monitoring reports, must be retained for three years after the required period of affordability specified in 24 CFR 92.252 or 24 CFR 92.254, as applicable. (3) Records covering displacements and acquisition must be retained for at least three years after the date by which all persons displaced from the property and all persons whose property is acquired for the project have received the final payment to which they are entitled in accordance with 24 CFR 92.353. Access to records: The City, HUD and the Comptroller General of the United States, or any of their representatives, have the right of access to any pertinent books, documents, papers and other records of the NNEO in order to make audits, examinations, excerpts, and transcripts. Citizens, public agencies, and other interested parties must be provided with reasonable access to records, consistent with applicable state and local laws regarding privacy and obligations of confidentiality. 12. ENFORCEMENT OF THE AGREEMENT; In accordance with 24 CFR 85.43, the City may suspend or terminate this Agreement if NNEO materially fails to comply with any term of the Agreement. This Agreement may be also terminated for convenience in accordance with 24 CFR 85.44. The affordability provisions referenced in paragraph 2 of this Agreement shall be enforced by written covenant between NNEO and each homebuyer as a condition of sale. Covenants shall be recorded with the property deeds. Covenants shall provide that, for the period of affordability, the City be notified of any pending resale of any property identified in paragraph 1 of this Agreement. Covenants shall comply with HUD regulations relating to HOME funds, and shall be approved as Page 5 to form by the City Attorney's Office. Covenants shall provide that if affordability provisions are not met upon resale of a property, the HOME subsidy shall be repaid to the City from the proceeds of the resale. 13. DURATION OF THE AGREEMENT: For the purposes of monitoring affordability by NNEO, this Agreement shall be in effect through the latest date on which any housing unit assisted with HOME funds under this Agreement is subject to the affordability requirements of 24 CFR 92.252, 92.254 or 92.258, as applicable. However, should the City fail to provide NNEO administrative funding for such monitoring pursuant to this or any other agreement, the monitoring and record keeping requirements of this Agreement shall revert to City. In the event of such reversion, NNEO shall promptly provide to City all records and documents in NNEO's possession necessary to effect such monitoring. 14. ~ Not less than annually, the City shall review NNEO's performance under the terms, conditions and expectations of this Agreement, including financial management and compliance with applicable local state and federal statutes, regulations, policies and procedures. 15. ~ NNEO shall provide for an independent, annual audit of all HOME expenditures under this Agreement, in accordance with Circular A-133. Two copies of the audit report shall be furnished to the City within 30 days after completion of the audit. 16. THIRD-PARTY CONTRACTS: The City shall not be obligated or liable hereunder to any party other than NNEO. 17. I]51Di&I~[IIXi NNEO agrees to indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, liability, causes of actions, suits of any nature, costs, and expenses, including reasonable attorney's fees, resulting from or arising out of NNEO's intentional or negligent acts or omissions in providing the services under this Agreement, including without limitation, fines and penalties, violation of federal, state or local laws, or regulations promulgated thereunder, personal injury, wrongful death or property damage claims. 18. CONFLICT OF INTEREST: No employee, agent, consultant, officer or appointed official of NNEO, who is in a position to participate in a decision-making process or gain inside information with regard to any HOME activities, may obtain a personal or financial interest in or benefit from any of the activities, or have Page 6 an 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. This Agreement shall be binding upon each of the parties, and their assigns, purchasers, trustees, and successors. 20. AMENDMENTS: This Agreement, including any Attachments and Exhibits, represents the entire agreement between the parties, which shall not be modified, amended, altered or changed, except by written agreement executed by the parties. This Agreement shall be governed by laws of the Commonwealth of Virginia. 22. AVAILABILITY OF FUNDS: Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME) and/or Emergency Shelter Grant (ESG) funding, as applicable, to be made available by the City of Roanoke under this Agreement is contingent upon necessary appropriations by the U.S. Congress. In the event that sufficient funds are not appropriated, at the sole discretion of the City of Roanoke, this Agreement may be terminated in whole or in part. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove written: ATI'EST: CITY OF ROANOKE By By Mary F. Parker, City Clerk City Manager/Assistant City Manager ATTEST: COMMUNITY HOUSING DEVELOPMENT ORGANIZATION By By Louise J. Penn, Secretary Northwest Neighborhood Environmental Organization, Inc. Florine Thornhill, President Northwest Neighborhood Environmental Organization, Inc. Page 7 APPROVED AS TO HOME ELIGIBILITY APPROVED AS TO FORM Office of Grants Compliance Assistant City Attorney APPROVED AS TO EXECUTION APPROVED AS TO FUNDS AVAILABLE Assistant City Attorney Director of Finance Date Account # 035-052-5302-5314 $16,500 Operating 035-052-5302-5315 $19.200 Pro.iect Page 8 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Virginia 2401 1-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk September 13, 1995 File #.468-514 John H. Laramore, President Laramore Construction Co., Inc. P. O. Box 1656 Danville, Virginia 24543 Dear Mr. Laramore: I am enclosing copy of Ordinance No. 32541-091195 approving the City Manager's issuance of Change Order No. 5 to the City's contract with Laramore Construction Co., Inc., in connection with Carvins Cove Filter Plant Improvements - Phase II, Contract A-2, in the amount of $240,800.00, for a total contract amount, including Change Order No. 5, of $1,952,050.65. Ordinance No. 32641-091195 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 11, 1995. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. IN-TFrS~COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of September, 1995. No. 3'2641-091195. AN ORDINANCE approvin~ the City Manager's issuance of Change Order No. 5 to the City's contract with Laramore Construction Company, Inc., in connection with Carvins Cove Filter Plant Improvements - Phase II, Contract A-2; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 5 to the City's contract with Laramore Construction Company, Inc., in connection with Carvins Cove Filter Plant Improvements - Phase II, Contract A-2. 2. Such Change Order shall provide for the following changes in the work to be performed: ORIGINAL CONTRACT AMOUNT CHANGE ORDER NO. 1 CHANGE ORDER NO. 2 CHANGE ORDER NO. 3 CHANGE ORDER NO. 4 CHANGE ORDER NO. 5: Additional excavation of rock in connection with extension of water line into Williamson Road $1,469,735.00 2,771.00 69,195.00 475.00 169,074.65 $ 240,800.00 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO.5 $1,952,050.65 3. !~4~der 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. IN THE COUNCTL OF THE CITY OF ROANOKE~ The llth day of September, 1995. No. 32640-091195. VIRGINIA AN ORDINANCE to amend and reordain certain sections of the 1995-96 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 Government of the exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1995-96 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A ro r'atio s Capital Outlay Carvins Cove Phase II, Carvins Cove Phase II, Contract A-2 Contract B-1 (1) ........... (2) ........... $ 31,864,882 1,990,009 2,990,617 1) Appropriations from Bond Funds(002-056-8373-9001) 2) Appropriations from Bond Funds(002-056-8377-9001) $ 240,800 (240,800) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. September 11, 1995 Council Report No. 95-178 Honorable Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: CHANGE ORDER NO. 5 CARVINS COVE PHASE II CONTRACT A-2, LARAMORE CONSTRUCTION COMPANY, INC. Backqround on the subject in chronological order is as follows: Acceptance of a bid submitted by Laramore Construction Company, Inc. for the Carvins Cove Phase II water main project, Contract A-2, was made by City Council on March 7, 1994. Work was started on the project as of May 23, 1994. The proiect is now approximately 90 percent complete. II. Current situation is as follows: The proiect extends a water main from Williamson Road at Plantation Road southward to Florist Road near Verndale Drive. Bo The contract provides for payment of rock excavation on a unit price basis. The unit price established in the bid is $56 per cubic yard. The contract estimated a quantity of 3,500 cubic yards, for a total value of $196,000. Change Order No. 4 provided for the relocation of the waterline into Williamson Road. This change order included 500 cubic yards of rock excavation. The contractor has excavated 7,735 cubic yards of rock to date for a value of $433,160. The final quantity of rock excavation is unknown, but is estimated to be 7,800 cubic yards. It is recommended that the contract be increased by $240,800 to pay for the increased quantity of rock excavation. Honorable Mayor and Members of City Council CHANGE ORDER NO. 5 CARVINS COVE PHASE II CONTRACT A-2, LARAMORE CONSTRUCTION COMPANY, INC. September 11, 1995 Page 2 Current funds were encumbered in the oriqinal contract amount of $1,469,735 for this contract. Original Contract Amount Change Order No. 1 Change Order No. 2 Change Order No. 3 Change Order No. 4 Proposed Change Order No. 5 New Contract Amount $1,469,735.00 2,771.00 69,195.00 475.00 169,074.65 240,800.00 $1,952,050.65 III. Issues A. B. C. __ in order of importance are as follows: Funding Cost Contract obligation IV. Alternatives in order of feasibility are as follows: Approve Change Order No. 5 to the contract with Laramore Construction Company, Inc. in the amount of $240,800. Fundinq is available in account number 002-056-8377-9001, Carvins Cove Phase II, Contract B-l, and may be transferred to account 002-056-8373-9001, Carvins Cove Phase II, Contract A-2. 2. Cost reflects current bid unit price. 3. Contract obliqation to pay for rock excavation is satisfied. Do not approve Chanqe Order No. 5 to the contract with Laramore Construction Company, Inc. in the amount of $240,800. 1. Funding remains available in the Water Fund. Honorable Mayor and Members of City Council CHANGE ORDER NO. 5 CARVlNS COVE PHASE II CONTRACT A-2, LARAMORE CONSTRUCTION COMPANY, INC. September 11, 1995 Page 3 Cost is not an issue. Contract obligation to pay for rock excavation is not satisfied. Recommendation is as follows: City Council concur in alternative "A" and take the following actions: Authorize the execution of ChanRe Order No. ,~ in the amount of $240,800 to the contract with Laramore Construction Company, Inc. Transfer $240,800 from account 002-056-8377-9001, Carvins Cove Phase II, Contract B-l, to account 002-056-8373-9001, Carvins Cove Phase II, Contract A-2. Respectfully submitted, W. Robert Herbert City Manager WRH/PCS/kh CC: City Attorney City Clerk 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 Budget Administrator MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk September 13, 1995 File *r27-468 William K. Blanchet, President Bio Gro Systems, Inc. A division of Wheelabrator Clean Water Systems, Inc. 180 Admiral Cochrane Drive Suite 305 Annapolis, Maryland 21401 Dear Mr. Blanchet: I am enclosing copy of Ordinance No. 32642-091195 authorizing execution of an amendment to a contract dated December 13, 1993, with Wheelabrator Clean Water Systems, Inc., extending such contract for removing, transporting and disposing of digested lagooned sludge from the City's Water Pollution Control Plant, for an additional term of one year at a cost of $85.24 per dry ton, not to exceed 10,000 dry tons during the period of September 1, 1995, through August 31, 1996, for an amount not to exceed $852,400.00, as more particularly set forth in a report of the City Manager under date of September 11, 1995. Ordinance No. 32642-091195 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 11, 1995. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, The llth day of September, 1995. No. 32642-091195. VIRGINIA, AN ORDINANCE authorizing execution of an amendment extending for an additional term of one year a contract with Wheelabrator Clean Water Systems, Inc., for removing, transporting and disposing of digested lagooned sludge from the City's Water Pollution Control Plant; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an amendment to a contract dated December 13, 1993, with Wheelabrator Clean Water Systems, Inc., extending such contract for removing, transporting and disposing of digested lagooned sludge from the City's Water Pollution Control Plant, for an additional term of one year at a cost of $85.24 per dry ton, not to exceed 10,000 dry tons during the period of September 1, 1995, through August 31, 1996, for an amount not to exceed $852,400.00, as more particularly set forth in the report of the City Manager to Council dated September 11, The form of the amendment shall be approved by the City 1995. 2. Attorney. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. September 11, 1995 Council Report No. 95-182 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: SECOND YEAR CONTRACT REMOVE, TRANSPORT, AND DISPOSE OF DIGESTED, LAGOONED SLUDGE FROM THE WATER POLLUTION CONTROL PLANT 1402 BENNINGTON STREET, S.E. ROANOKE, VIRGINIA Backqround on the subject in chronological order is as follows: Bio Gro, a division of Wheelabrator Clean Water Systems, Inc., has a one year contract to remove, haul, and dispose of digested, lagooned sludge from the Water Pollution Control Plant. The contract is from September, 1994 to September, 1995, with the option to renew for four (4) additional one year periods. Be Present contract price is $82.76 per dry ton for a minimum of 6,000 dry tons (and a maximum of 10,000 dry tons) for the one year contract. Price fluctuation per dry ton of sludge is based on the Consumer Price Index. From July, 1994 to July, 1995, the Consumer Price Index increased by 3%. The price per dry ton for the new contract would be as follows: $82.76 x 3% -- $85.24 This would be the per ton cost of the second year of the five (5) year agreement. Option was taken for five years because of the time required to have land parcels approved for sludge application. Honorable Mayor and Members of City Council SECOND YEAR CONTRACT REMOVE, TRANSPORT, AND DISPOSE OF DIGESTED, LAGOONED SLUDGE FROM THE WATER POLLUTION CONTROL PLANT September 11, 1995 Page 2 II. Current situation is as follows: Second year contract with Bio Crc, a division of Wheelabrator Clean Water Systems, inc., is as follows' Minimum 6,000 Dry Tons x $85.24 Maximum 10,000 Dry Tons x $85.24 $511,440 852,400 The base contract would be for the 6,000 dry tons with additional tonnage being approved monthly by administrative change order. III. Issues in order of importance are as follows: Approval or rejection of second year contract Time Fundinq IV. Alternatives in order of feasibility are as follows: Authorize the City Manaqer to enter into a contractual agreement for the second year of a five year option, with Bio Crc, a division of Wheelabrator Clean Water Systems, Inc., to remove and properly dispose of digested, lagooned sludge at the rate of $85.24 per dry ton. Contract shall not exceed 10,000 dry tons for the amount of $852,400 for the one year contract. Approval of the second year contract would be at the rate of $85.24 per dry ton, not to exceed 10,000 dry tons, or $852,400. (The plant generates over 9,000 dry tons per year at this time.) 2. Time of the contract is for one (1) year. Honorable Mayor and Members of City Council SECOND YEAR CONTRACT REMOVE, TRANSPORT, AND DISPOSE OF DIGESTED, LAGOONED SLUDGE FROM THE WATER POLLUTION CONTROL PLANT September 11, 1995 Page 3 3. Funding is available in account number 003-056-3150-2010. Reject the renewal of the contract. Rejection of the second year contract would mean the accumulating sludge would not be disposed of in a timely manner· Lagoons would fill and possibly overflow before another contractor could get permits approved for land application· Time would not be a factor for the second year renewal of the contract. 3. Funding would not be encumbered at this time. Recommendation is as follows: City Council concur in alternative "A" and take the following action: Authorize the City Manager to renew the contract with Bio Gro, a division of Wheelabrator Clean Water Systems, Inc., for the second year to remove, transport, and dispose of sludge at the rate of $85.24 per dry ton, not to exceed 10,000 dry tons, for an amount not to exceed $852,400. Time of contract is one year, and funding is available in account number 003-056-3150-2010. Respectfully submitted, W. Robert Herbert City Manager Honorable Mayor and Members of City Council SECOND YEAR CONTRACT REMOVE, TRANSPORT, AND DISPOSE OF DIGESTED, LAGOONED SLUDGE FROM THE WATER POLLUTION CONTROL PLANT September 11, 1995 Page 4 WRH/LBC/kh CC' City Attorney City Clerk 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 Budget Administrator Manager, Office of Supply Management Manager, Water Pollution Control Plant IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of September, 1995. No. 32643-091195. A RESOLUTION authorizing the City Manager to enter into right-of-entry agreements with property owners for the environmental assessment of such property for the Roanoke River Flood Reduction Project and the Roanoke River and Tinker Creek Sanitary Sewer Interceptor Project. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager is hereby authorized to execute, on behalf of the City, right-of-entry agreements with property owners for the environmental assessment of such property for the Roanoke River Flood Reduction Project and the Roanoke River and Tinker Creek Sanitary Sewer Interceptor Project, such agreements to be approved by the City Attorney, all as is more particularly set out in the City Manager's report to this Council dated September 11, 1995. ATTEST: City Clerk. September 11, 1995 Council Report No. 95-188 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: RESOLUTION ADDRESSING ACCESS AGREEMENTS FOR THE ROANOKE RIVER FLOOD REDUCTION PROJECT AND THE ROANOKE RIVER AND TINKER CREEK SANITARY SEWER INTERCEPTOR PROJECTS Backqround on the subject in chronological order is as follows: A Local Cooperative A.qreement was executed between the City and thn Corps of En.q neers in 1990 in which the City became responsible for acquiring land, easements, right-of-way, and relocation of utilities. The City determined that an environmental assessment is required before any right-of-way or easement is purchased for this flood reduction project, to determine the potential environmental liability to the City. The City entered into a contract with Dewberry & Davis, Consulting Engineers, in 1991 for Phase I Environmental Assessment Study. The First Amendment was executed to the contract (Phase II-A Environmental Assessment Study) with Dewberry & Davis in 1992. The Second Amendment was executed to the contract (Phase II-B Environmental Assessment Study) with Dewberry & Davis in June, 1995. The Phase II-B Study requires the consultant to access private property along the Roanoke River Flood Reduction Project for soil sampling and boring. The contract requires that the City provide the consultant with access to the private properties involved. Field testing beqan in July, 1995, on Phase II-B of the Environmental Assessment Study. Contractual aqreements are currently in place with surrounding jurisdictions to construct sanitary sewer interceptor lines along Tinker Creek and the Roanoke River. Environmental assessments are required for these projects which may include similar right of entry issues. Honorable Mayor and Members of City Council RESOLUTION ADDRESSING ACCESS AGREEMENTS FOR THE ROANOKE RIVER FLOOD REDUCTION PROJECT AND THE ROANOKE RIVER AND TINKER CREEK SANITARY SEWER INTERCEPTOR PROJECTS September 11, 1995 Page 2 II. Current situation is as follows: There are 31 individual property owners involved in the Phase II-B Environmental Assessment Study. Several property owners have requested additional condition~ to the City's standard Right of Entry Agreement for the on-site testing and sampling on their properties. These conditions include the City assuming responsibility for any actual damages resulting from such entry on the property or testing on the property. Some property owners are also requesting reimbursement of incidental expenses, such as the costs of flagmen or other personnel on Norfolk & Western property. If the property owners do not reach agreement with the City and continue to object to the City entering their property, the City would have to seek legal action to gain access. Such legal action would be necessary even though Virginia Code §25-232.1 authorizes the City to go on private property for such testing. That section states that the City shall make reimbursement for any actual damages resulting from such entry. Completion of the Environmental Assessment Study is on hold until the City's consultant can access the remaining sites to complete their field testing. D. Environmental assessments for the Roanoke River and the Tinker Creek Sanitary Sewer Interceptor Projects will potentially be delayed if these access issues are not addressed. III. Issues in order of importance are as follows: A. Authorization for the City Manager agreements for this project to enter into right of entry B. Timing Honorable Mayor and Members of City Council RESOLUTION ADDRESSING ACCESS AGREEMENTS FOR THE ROANOKE RIVER FLOOD REDUCTION PROJECT AND THE ROANOKE RIVER AND TINKER CREEK SANITARY SEWER INTERCEPTOR PROJECTS September 11, 1995 Page 3 IV. Alternatives in order of feasibility are as follows: Authorize the City Manaqer to enter into riqht of entry agreements with property owners. 1, Authorization to enter into agreements and permits will be granted. Timing allows the consultant to complete field testing so that the Roanoke River Flood Reduction Project and the Roanoke River and Tinker Creek Sanitary Sewer Interceptor Projects will not be delayed further. Do not authorize the City Manaqer to enter into riqht of entry agreements with property owners. 1. Authorization to enter into agreements and permits will be denied. Timing for completion of field work by consultant would be jeopardized by additional notification and potential expensive and lengthy litigation in order to gain access to the properties. The Roanoke River Flood Reduction Project and the Roanoke River and Tinker Creek Sanitary Sewer Interceptor Projects would be delayed. Recommendation is that City Council concur in Alternative A, and take the following specific action: Adopt a Resolution to allow the City Manager to enter into right of entry agreements with property owners, with reasonable conditions as determined by the City Manager and as approved by the City Attorney, to allow the City or its agents, consultant, contractor, or representatives access to private property for purposes of conducting an environmental assessment of such property, including surveys, borings, test wells, and examination of such property, in order to try to determine the environmental condition and suitability of such Honorable Mayor and Members of City Council RESOLUTION ADDRESSING ACCESS AGREEMENTS FOR THE ROANOKE RIVER FLOOD REDUCTION PROJECT AND THE ROANOKE RIVER AND TINKER CREEK SANITARY SEWER INTERCEPTOR PROJECTS September 11, 1995 Page 4 property for the Roanoke River Flood Reduction Project and the Roanoke River and Tinker Creek Sanitary Sewer Interceptor Projects. Respectfully submitted, W. Robert Herbert City Manager WRH/GJR/kh CC: City Attorney City Clerk 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 Budget Administrator MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk September 13, 1995 File #70-472 Bobby Stanley Acting Executive Director Virginia Department of Fire Programs 2807 North Parham Road Suite 200 Richmond, Virginia 23294 Dear Mr. Stanley: I am enclosing copy of Resolution No. 32645-091195 accepting a certain Fire Program Fund Grant from the Commonwealth of Virginia's Department of Fire Programs, in the amount of $101,012.43, and authorizing execution of any required documentation on behalf of the City. Resolution No. 32645-091195 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 11, 1995. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of September, 1995. No. 32645-091195. A RESOLUTION accepting a certain Fire Program Fund Grant from the Commonwealth of Virginia's Department of Fire Programs and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the offer made to the City by the Commonwealth of Virginia's Department of Fire Programs of a Fire Program Fund grant in the amount of $101,012.43, such grant being more particularly described in the report of the City Manager, dated September 11, 1995, upon all the terms, provisions and conditions relating to the receipt of such funds. 2. The City Manager or the Assistant City Manager is hereby authorized to execute, on behalf of the City, any documentation required in connection with the acceptance of such grant and to furnish such additional information as may be required by the Commonwealth. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA The llth day of September, 1995. No. 32644-091195. AN ORDINANCE to amend and reordain certain sections of the 1995-96 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to Government of the exist. THEREFORE, BE IT ORDAINED by the Council of the city of Roanoke that certain sections of the 1995-96 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Approoriations Public Safety Fire Program FY96 (1-3) ........................... Revenue Public Safety Fire Program FY96 (4) ............................. $ 1,863,970 101,012 1,863,970 101,012 1) Training and Development (035-050-3226-2044) 2) Recruitment and Development (035-050-3226-2065) 3) Other Equipment (035-050-3226-9015) 4) State Grant Revenue (035-035-1234-7197) $ 11,000 10,000 80,012 101,012 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia September 11, 1995 # 95-416 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: Fire Program Fund I. Background concerning this subject is as follows: Fire Program Fund was established by the General Assembly effective October 4, 1985, pursuant to Section 38.1-44.1 of the Code of Virginia. The sunset clause requiring expiration of this fund July 1, 1990 has now been removed; thus, the City's annual allocation of state funds will continue indefinitely. Revenue to support this program is derived from a 1.0% surcharge on all fire insurance premiums collected throughout the Commonwealth. During the 1995 session of the General Assembly, the surcharge was increased from 0.8% to 1.0%. Program guidelines require that funds received are non-su_~Manting and may not be used in replacement of existing local funding. Funds must be used in accordance with the provisions established by the State Department of Fire Programs. Funds provided by this program may be used for the following: Fire Service Training: The fire department may use money received to purchase training equipment, to employ outside training instructor(s) and to reimburse tuitions for approved training classes. 2. Regional Fire Service Training Facilities: Funds may be used to construct, improve and expand regional fire service training facilities. Mayor Bowers and Members of Council September 11, 1995 Page 2 Fire~ighting Equ~_ment/Ap_paratus: Funds may be used to purchase fire apparatus, specialized response vehicles, fire hose, forcible entry tools, ladders, and radio equipment. Personal Protective Clothing: Funds may be used to purchase helmets, eye protection, protective hoods, boots, coats, pants, and gloves. Prohibited uses of funds are as follows: Construction to improve and expand any training facilities other than Regional Fire Service Training Facilities. Firetightint~ equipment other than that equipment and appurtenances attached thereto required and used at the scene of a fire to deliver water or other extinguishing agents on the f'we, remove smoke and gases, protect property from smoke and water damage and assure the fire is extinguished. Personal t~rotective clothing that does not meet, at a minimum, the National Fire Protection Association Standards in effect at the time the purchase is made. Funds allocated to the counties, cities and towns pursuant to this subsection shall not be used directly or indirectly to supplant or replace any other funds appropriated by the counties, cities and towns for fi[re service operations. Such funds shall be used solely for the purposes off[re service training, constructing, improving,and expanding regional t'[re service training facilities, purchasing t'[refighting equipment or purchasing protective clothing and equipment for firefighting personnel. (Code of Virginia Section 38.2-126 sub-paragraph B). F. Local cash match is not required. Mayor Bowers and Members of Council September 11, 1995 Page 3 II. Current situation is: Roanoke City's allocation of $101.012.43 was received by the City Treasurer on June 23, 1995. These funds were credited to revenue account #035-035-1234-7197. Ci~_ Council action is needed to formally accept and ap_propriate these funds, and authorize the Director of Finance to establish revenue estimates and appropriation accounts in the Grants Program Fund to purchase the following equipment and supplies in accordance with provisions of this program: Fire Suppression Protective Equipment - $80.012.43: Purchase approved fire suppression protective equipment. (Turnout gear, self- contained breathing apparatus, vehicle extrication and rope rescue equipment). Training and Development - $11,000: To purchase training films, books and manuals to be used in the department's training program and to provide training, education and development for personnel. Recruitment and Development - $10,000: Continue the Cadet Training Academy, purchase of recruitment brochures, recruitment travel and accommodations. III. Issues in order of importance are: A. Need. B. Funds availabili~_ . IV. Alternatives in order of feasibility are:. A. Ci~ Council accept funds )~rom the State Department of Fire Programs, and authorize the Director of Finance to establish revenue estimates and Mayor Bowers and Members of Council September 11, 1995 Page 4 appropriation accounts for the procurement of materials and equipment for training and development and fu:e suppression equipment. 1. Need exists to purchase training aids and fire suppression equipment, as detailed previously. 2. Funds availability would be met with acceptance of the Fire Programs Fund allocation. B. Ci~_ Council not accet~t the City's allocation from the State Department of Fire Programs. 1. Need still exists to purchase training aids and lure suppression equipment. 2. Funds availability would remain through the Fire Programs Fund. Recommendation: A. Ci~_ Council adopt Alternative A which would authorize the following actions: 1. Accet~tance at" the grant award by the City Manager. 2. Am~rot~riation orS101.012.43 with corresponding revenue estimates t~ ~ccounts established in the Grant Fund by the Director of Finance. Respectfully submitted, W. Robert Herbert City Manager CC: City Attorney City Clerk Director of Finance Director of Public Safety Fire Chief IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of September, 1995. No. 32649-091195. A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 32131-080894, adopted August 8, 1994, for certain expenditures in connection with the Second Street/Gainsboro Road Project, in the City of Roanoke; and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke as follows: I. In accordance with U. S. Treasury Regulations, Section 1.150-2, the City hereby declares that it reasonably expects and intends to reimburse $22,722.23, appropriated by an ordinance being simultaneously adopted by the City Council on September 11, 1995, for the Second Street/Gainsboro Road Project ("Project") in the City of Roanoke, from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 32131- 080894, adopted by the City Council on August 8, 1994, in the principal amount of $23,000,000 for the purpose of providing funds to defray the cost of needed permanent public improvements of and to school buildings, public buildings, public bridges, streets and sidewalks, storm drains, parks, economic development and acquisition of real property for the foregoing. Ordinance No. 32132- 080894, also adopted by City Council on August 8, 1994, provided for the holding of an election to determine whether the qualified voters of the City of Roanoke would approve Ordinance No. 32131- 080894, and, at an election held on November 8, 1994, the qualified voters of the City approved Ordinance No. 32131-080894. The maximum principal amount of debt expected at this time to be issued for the relocation and adjustment of electric utilities required in conjunction with the Second Street/Gainsboro Road Project is $22,722.23, all as is more particularly set forth in the September 11, 1995 report of the City Manager to this Council. 2. This is a declaration of official intent adopted pursuant to U. S. Treasu~ Regulations, Section 1.150-2. This official intent is being declared not later than sixty days after the payment of the expenditures authorized by Paragraph 1 of this Resolution. 3. The City Clerk is directed to file this Resolution among the permanent papers of the City and hold it available for public inspection pursuant to the Virginia Freedom of Information Act, §2.1-340 et seq., Code of Virginia (1950), as amended. 4. This Resolution shall be effective on and after the date of its adoption. ATTEST: City Clerk. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk September 13, 1995 File #29-53-77-200-330-514 M. Scott Hollis Urban Engineer Virginia Department of Transportation 1401 East Broad Street Richmond, Virginia 23219 Dear Mr. Hollis: I am enclosing copy of Resolution No. 32648-091195 requesting the Virginia Department of Transportation to have utilities relocated and adjusted underground in the Second Street/Gainsboro Road Project area as a part of said Project. Resolution No. 32648- 091195 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 11, 1995. Sincerely, Sandre H. Eakin Deputy City Clerk SHE:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA. '-T~n~ llth day of September, 1995. No. 32648-091195. A RESOLUTION requesting the Virginia Department of Transportation ("VDOT") to have utilities relocated and adjusted in the Second Street/Galnsboro Road Project area as a part of that Project. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City through the City Manager or the Assistant City Manager request VDOT to have utilities relocated and adjusted underground in the Second Street/Galnsboro Road Project area in accordance with the City's policy established by this Council pursuant to Ordinance No. 22055-020375, and in accordance with Section 36.1-237 of the Code of the City of Roanoke, (1979), as amended, and in accordance with VDOT Policy on placing utility facilities underground, dated April 15, 1993. 2. That any fimher utilities required for any improvements to this area shall not be placed overhead within any section of the Second StrecffGalnsboro Road Project as is more particularly set forth in the City Manager's report to this Council dated September 11, 1995. ATTEST: City Clerk. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk September 13, 1995 File #29-53-77-200-330-514 Richard Downey Engineering Technologist Supervisor Appalachian Power Co. P. O. Box 2021 Roanoke, Virginia 24022-2121 Dear Mr. Downey: I am enclosing copy of Ordinance No. 32647-O91195 authorizing the City Manager to enter into an agreement with Appalachian Power Co., for relocation and adjustment of electric utilities in conjunction with the Second Street/Gainsboro Road Project, at a total cost of $45,444.46, upon certain terms and conditions. Ordinance No. 32647-091195 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 11, 1995. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. pc: M. Scott Hollis, Urban Engineer, Virginia Department of Transportation, 1401 East Broad Street, Richmond, Virginia 23219 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of September, 1995. No. 32647-091195. AN ORDINANCE authorizing the City Manager to enter into an agreement with Appalachian Power Company for the relocation and adjustment ofelecttic utilities in conjunction with the Second Street/Gainsboro Road 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 or the Assistant City Manager is hereby authorized to enter into an agreement with Appalachian Power Company for the relocation and adjustment of electric utilities in conjunction with the Second Street/Gainsboro Road Project, at a total cost of $45,444.46, with the City to invoice the Virginia Department of Transportation for 50% or $22,722.23 reimbursement of such cost, as is more particularly set forth in the City Manager's report to this Council dated September 11, 1995. 2. T.he form of the agreement shall be approved by the City Attorney. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, TlSe-~l~lth day of September, 1995. No. 32646-091195. VIRGINIA AN ORDINANCE to amend and reordain certain sections of the 1995-96 Capital Projects 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 1995-96 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Streets and Bridges Second Street/Gainsboro Road (1-2) ............... Capital Improvement Reserve Public Improvement Bonds - Series 1996 (3) ....... Revenue Due from State Government (4) .................... 1) Appropriated from Bond Funds (008-052-9547-9001) 2) Appropriated from State Grant Funds(005-052-9547-9007) 3) Streets and Sidewalks (008-052-9701-9191) 4) Due from VDOT (008-1233) $ 22,722 22,723 (22,722) 22,723 $ 10,743,958 6,363,232 $( 2,073,947) ( 4,693,462) 22,723 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. September 11, 1995 No. 95-186 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: s~bject: Second Street/Gainsboro Road Utilities - Special Agreement I. Background: City Council approved the location and major design features of the Second Street/Gainsboro Road Project from Orange Avenue, N.W. to Salem Avenue, S.W. (Resolution No. 30254-10190) Appalachian Power Company (APCO) power lines along this Second Street/Gainsboro Road Project will be relocated out of roadway corridor or from overhead to underground. This is in accordance with (1) Ordinance No. 22055 dated February 3, 1975 which requires underground utility installation in the Gainsboro Neighborhood Development Project (GNDP) and (2) Code of the City of Roanoke (1979), as amended, Section 36.1-237 which requires overhead lines in the C-3 district to be located underground. The project is within the GNDP north of the railroad tracks, and within a C-3 district south of the railroad tracks. II. Current Situation: Utility agreement between APCO and the City of Roanoke has been prepared and requires prompt execution by the City to maintain the project schedule. A fully-executed agreement will enable APCO to proceed with the acquisition of all materials needed for the underground utility lines. VDOT's "Policy for Placing Utility Facilities Underground" requires that City Council provide VDOT with a resolution requesting that these utilities be placed underground as a part of the project. This resolution also needs to assure that future utility facilities shall September 11, 1995 No. 95-186 Page 2 III. IV. not be permitted overhead along the project limits, and that the local governing body has the financial resources available to pay its share of the costs to place these facilities underground. The non-betterment cost to place the APCO utilities underground for this project is estimated in the agreement at $45~444.46. Of this cost, the City's share is 50% with VDOT responsible for the other 50% ($22~722.23 each) in accordance with VDOT policy. The City will pay the total amount of $45~444.46 to APCO and then invoice the VDOT for 50% reimbursement. Issues: A. Funding B. Timing Alternatives: Authorized by ordinance~ the City Manager to execute, on behalf of the City, the agreement with APCO for the adjustment of electric utilities on the Second Street/Gainsboro Road Project; and to furnish a resolution to VDOT requesting that these utilities be placed underground as a part of the project, further assuring VDOT that future utility facilities shall not be permitted overhead along the project limits, and that the City has available its $22~722.23 share of the costs related to this effort· Funding needs to be appropriated from the 1996 Bond Issue to a new account. City share is $22~722.23 (which is 50% of the $45~444.46). The billing procedures between APCO, VDOT and the City require that $45~444.46 be appropriated and that a receivable account be established in the amount of $22~722.23. It is the City's intent to reimburse front-funding with bond funds upon issuance of the 1996 bonds. Internal Revenue Service regulations (Section 1.150-2) require that the City declare its intent to reimburse itself $22~722.23 from the proceeds of its 1996 General Obligation bonds. September 11, 1995 No. 95-186 Page 3 2. Timing is important. The agreement needs to be quickly executed to maintain project schedule. Do not authorize the City Manager to execute, on behalf of the City, the agreement for the adjustment of electric utilities on the Second Street/Gainsboro Road Project. 1. Fundinq is not spent. 2. Timing for project schedule is jeopardized. Recommendation is that City Council concur in Alternative "A" and take the following specific actions: ae Authorize, by ordinance, the City Manager to execute, on behalf of the City, the agreement with APCO for the adjustment of electric utilities required in conjunction with the Second Street/Gainsboro Road Project. Approve a resolution requesting that the VDOT have the utility relocations placed underground as a part of the Second Street/Gainsboro Road Project indicating that Ordinance No. 22055 for underground utility installations in the Gainsboro Neighborhood Development Project as well as Section 36.1-237 of the Code of the City of Roanoke (1979), as amended, are effective within the limits of the roadway project. Resolution shall also assure that future utility facilities required for any proposed improvement, including street lighting, shall not be permitted to be placed overhead within any section of the roadway project where the utility facility was placed underground; and further assure that the City of Roanoke has the financial resources available to pay its $22,722.23 share of the costs to place facilities underground as defined in VDOT's policy. Appropriate $45,444.46 to Second Street/Gainsboro Road Account Numbers 008-052-9547-9001 ($22,722.23) and 008-052-9547-9007 ($22,722.23). Transfer $22,722.23 from the Streets and Sidewalks category of the 1996 Bond Issue (008-052-9701-9191) and establish a receivable from the VDOT in the amount of $22~722.23. September 11, 1995 No. 95-186 Page 4 Adopt the appropriate resolution indicating the City's intent to reimburse front funding with bond proceeds upon sale of the 1996 bonds. WRH/RKB/gpe copy: City Attorney Director of Finance Director of Public Works Respectfully submitted, City Manager Director of Utilities & Operations City Traffic Engineer Office of Management & Budget Construction Cost Technician Accountant, Contracts & Fixed Assets MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk September 13, 1995 File #24-51-66-67-95 Ms. Lillian Carter 2744 Ordway Drive, N. W. Roanoke, Virginia 24017 Dear Ms. Carter: I am enclosing copy of a report of the City Manager in response to a request for an amendment to the City's weed ordinance to provide for cutting of trees, which report was before the Council of the City of Roanoke at a regular meeting held on Monday, September 11, 1995. On motion, duly seconded and adopted, the report was received and filed. Sincerely, Sandre H. Eakin Deputy City Clerk SHE:sm Enc. pc: W. Robert Herbert, City Manager William F. Clark, Director, Public Works John W. Coates, Manager, Parks and Recreation/Grounds Maintenance Office of the City Manager September 7, 1995 Honorable Mayor David A. Bowers Members of City Council Roanoke, Virginia Re: Mrs. Lillian Carter's Request to City Council Dear Mayor Bowers and Members of Council: Council's request of this office to consider Mrs. Lillian Carter's proposals, to have her weed complaint reviewed, and to have woodland areas covered by the weed ordinance, has been given careful consideration. The City's weed office received the complaint from Mrs. Lillian Carter at 2744 Ordway Dr. NW {from William Clark's office) on July 5, 1995 regarding property beside and behind her residence. Both properties were inspected and the lot to the left of 2744 Ordway Dr. NW was found to be in violation of the City's weed ordinance. However, the property directly behind 2744 Ordway Dr. NW (1733 Aspen Dr. NW} was found to be undisturbed woodland and not covered by the City's weed ordinance. Section 33-17 (g) of the City Code excludes from the definition of "weeds", "trees, ornamental shrubbery, vegetable and flower gardens purposefully planted and maintained by the property owner, ...cultivated crops, or undisturbed woodland." The lot to the left of 2744 Ordway Dr. NW was mowed by the owner on or about July 24, 1995. This mowing did bring the property into compliance with the ordinance. As an extra measure, however, the City sent a hand crew to do some additional trimming of the lot. In an effort to further satisfy Mrs. Carter, the owner of the wooded property behind Mrs. Carter's property was notified on August 14, 1995, and requested by the City to clear any underbrush or weeds from the fence line with 2744 Ordway Dr. NW. Inspection on August 30, 1995 found that the owner had complied with this request. The actions taken in response to her complaint appear very reasonable and in compliance with the ordinance. Room 364 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (703) 981-2333 September 7, 1995 Honorable Mayor David A. Bowers and Members of City Council Page 2 A review of the City's current weed and trash ordinance has found it to be adequate to serve the intended purpose of protecting citizens from the public nuisances of noxious weeds and trash. Undisturbed woodland areas have been purposefully excluded from the definition of weed (or weeds) in the ordinance. Recent contacts with other Virginia municipalities, including the Cities of Lynchburg, Danville, Salem, and the Town of Vinton have indicated that natural wooded areas are typically excluded from such ordinances. We have been unable to identify a locality that includes undisturbed woodland areas in its weed ordinance. Requiring property owners to cut and/or clear woodland areas would prove extremely costly, both environmentally and economically, for the following reasons: 1. Environmental Costs: understory, or other vital impact on the immediate area. would include the following: · soil erosion · storm runoff · heat · noise · air quality · water quality · aesthetics Disturbance of a woodland, its components, will have a negative Direct environmental costs 2. E omi : Additional complaints and more difficult abatement procedures would cause an increase in monetary costs to the City. Increased demands for administrative, abatement, and court procedures would significantly increase the need for the following: · staffing · equipment · supplies 3. City Pronertv Impacts: An indirect, but significant, concern would be the ordinance's impact on management policies of the many woodland areas on City property. These areas include: September 7, 1995 Honorable Mayor David A. Bowers and Members of City Council Page 3 · parks · undeveloped alleys · undeveloped streets · watersheds · city lots · water lots 4. ~: The fact that trees have real monetary value could mean that, should we require that trees or their surrounding areas be cut, the City would expose itself to potentially numerous legal actions from property owners. 5. Zoning ReGulation Enforcement Impacts: Enforcement of current zoning regulations, as well as future changes to these regulations, could also be severely impacted, should woodland areas be, in any way, controlled by such an ordinance. Woodland areas in urban areas hold significant value and warrant a significant degree of protection. Our current zoning regulations recognize the value of these areas and require partial protection through the development plan review process. Under this plan, existing trees over six (6) inches in caliper and existing tree lines of large stands of trees are considered significant and must be designated on all comprehensive development plans (Section 36.1-576). Landscaping regulations (Section 36.1-585) require that trees of six(6) inches in caliper be preserved and protected. Grading and clearing requirements (Section 36.1-584) require that existing visual vegetative buffers be maintained and clearing be kept to a minimum. The City must retain the authority to protect woodland areas on City property and, to a certain degree, on undeveloped private sites. The current ordinances provide the City with both the appropriate degree of flexibility in the management of City property, and the necessary, measured control of development and management of private areas. In addition, the City Attorney has opined that the City's authority to require that trees be cut is doubtful. Section 15.1-11 of the State Code authorizes the City to require that property owners cut "grass, weeds and other foreign growth". Section 2(16) of the City Charter authorizes the City to require that property owners keep their premises free and clear of September 7, 1995 Honorable Mayor David A. Bowers and Members of City Council Page 4 "weeds". In the opinion of the City Attorney, while City Council may have some latitude in defining "weeds", such authority would not, under the well known Dillon Rule, extend to mature trees or undisturbed woodlands. Following careful study, I am of the opinion that Mrs. Carter's concerns have been addressed as thoroughly as possible under the City's current weed and trash ordinance. Specific concerns not addressed by the ordinance should be pursued by Mrs. Carter as a civil matter between private property owners. Secondly, it would be my recommendation that the "undisturbed woodland" exclusion remain in the City's weed and trash ordinance. Respectfully submitted, City Manager WRH:dh c: Mrs. Lillian Carter Wilburn C. Dibling, Jr., City Attorney William F. Clark, Director of Public Works John W. Coates, Manager of Parks and Recreation MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-254l SANDRA H. EAKIN Deputy City Clerk September 13, 1995 File #9-20-51-53-77-121-123-137-184-277 W. Robert Herbert City Manager Roanoke, Virginia James D. Grisso Director of Finance Roanoke, Virginia Gentlemen: Your report recommending that Council schedule a public hearing relating to the issuance of Public Improvement Bonds under the Public Finance Act for the State's share of the Jail Expansion Project, in the amount of $2.3 million; for employee parking, in the amount of $1 million; and up to $5 million for the 1-581 interchange, was before the Council of the City of Roanoke at a regular meeting held on Monday, September 11, 1995. On motion, duly seconded and adopted, Council concurred in the recommendation and scheduled a public hearing for Monday, October 16, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm po: The Honorable W. Alvin Hudson, Sheriff Wilburn C. Dibling, Jr., City Attorney September 11, 1995 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Public Hearing for the Issuance of Public Improvement Bonds Under the Public Finance Act The City anticipates issuing $23,000,000 in capital improvement bonds, approved in a November 1994 public referendum, in January 1996. City Council may authorize the issuance of additional bonds to be included in this issue under the Public Finance Act of the Code of Virginia. Issuance of bonds under the Public Finance Act requires a public hearing before City Council. Items that may be included in the public hearing are discussed as follows: · The City issued $35,800,000 of public improvement bonds dated January 1, 1994. The bond issue included $4,800,000 for the local share of expansion of the City jail, based on the initial cost estimate. The State committed to reimburse the City $2,299,199, equal to 25% of eligible costs of the revised cost estimate of the jail expansion. When the bonds were sold to finance the local share of the jail project it was anticipated that the state would reimburse their share of the expansion in a lump sum payment upon completion of the project. An account receivable was established for the State share when funds were appropriated for the jail expansion. The 1993 session of the General Assembly established new guidelines for reimbursement to localities for the State share of local and regional jail construction. The State no longer reimburses their share of jail projects in a lump sum payment when the reimbursement amount exceeds $1,000,000. Instead, they anticipate localities will issue debt to finance the State share of the project. The State then reimburses the locality for their annual debt payments, typically over a twenty year period. The details of reimbursement are included in a reimbursement agreement entered into by the locality and the State Department of the Treasury after the bonds are issued and interest rates are established. · Approximately 830 City employees drive to and from work each day to the downtown area during a variety of duty hours. City Council has approved a parking plan (see page 118 & 119 FY 94-98 Capital Improvement Plan). City Council budgeted $100,000 in FY 95 and FY 96 for this purpose. City Council may now authorize an additional $1,000,000 of bonds, supported by $100,000 budgeted to finance the parking improvements, under the Public Finance Act of the Code of Virginia. Honorable Mayor and Members of City Council September 11, 1995 Page 2 · City Council has approved debt service ($270,000) in FY 95-96 General Fund operating budget to support up to $5,000,000 of General Obligation Bonds for a proposed new interchange on 1-581. This interchange would provide additional access to Valley View Mall, the soon to be opened Wal~Mart Super Store and Roanoke Regional Airport. It would also open up access to 130 acres of land for development. The technical traffic study completed by VDOT endorsed and forwarded the partial interchange plan to the Federal Highway Administration. It is difficult to predict the final resolution of this project. It is requested that City Council authorize the issuance of an additional $5,000,000 under the Public Finance Act of the Code of Virginia to be funded by the additional debt service approved by City Council for this purpose. Should the City of Roanoke receive a timely reply from Federal Highway Administration the City would be positioned to issue the $5,000,000 bonds. If we don't obtain a timely reply, we would still have authorization to proceed with the project in a time period that coincided with project approval. If the project is not approved, the City would not issue the bonds. We recommend that City Council establish a public hearing on October 16, 1995 related to the issuance of public improvement bonds under the Public Finance Act for the following projects: · $2,300,000 for the State share of the Jail Expansion Project · 81,000,000 for employee parking · up to $5,000,000 for the 1-581 interchange We would be pleased to answer any questions you may have. Sincerely, W. Robert Herbert City Manager James D. Grisso Director of Finance JDG/JAH:pac Wilburn Dibling, City Attorney Mary Parker, City Clerk Jesse Hall, Deputy Director of Finance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of September, 1995. No. 32652-091195. A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 32131-080894, adopted August 8, 1994, for certain expenditures in connection with the temporary entrance for Coca-Cola Bottling Company, in the City of Roanoke; and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. In accordance with U. S. Treasury Regulations, Section 1.150-2, the City hereby declares that it reasonably expects and imends to reimburse $1,660.00, appropriated by an ordinance being simultaneously adopted by the City Council on September 11, 1995, for the construction of a temporary entrance for Coca-Cola Bottling Company ("Project") in the City of Roanoke, from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 32131-080894, adopted by the City Council on August 8, 1994, in the principal amount of $23,000,000 for the purpose of providing funds to defray the cost of needed permanent public improvements of and to school buildings, public buildings, public bridges, streets and sidewalks, storm drains, parks, economic development and acquisition of real property for the foregoing. Ordinance No. 32132-080894, also adopted by City Council on August 8, 1994, provided for the holding of an election to determine whether the qualified voters of the City of Roanoke would approve Ordinance No. 32131-080894, and, at an election held on November 8, 1994, the qualified voters of the City approved Ordinance No. 32131-080894. The maximum principal amount of debt expected at this time to be issued for the construction of a temporary entrance for Coca-Cola Bottling Company is $1,660.00, all as is more particularly set forth in the September 11, 1995 report of the City Manager to this Council. 2. This is a declaration of official intent adopted pursuant to U. S. Treasury Regulations, Section 1.150-2. This official intent is being declared not later than sixty days after the payment of the expenditures authorized by Paragraph 1 of this Resolution. 3. The City Clerk is directed to file this Resolution among the permanent papers of the City and hold it available for public inspection pursuant to the Virginia Freedom of Information Act, {}2.1-340 et seq., Code of Virginia (1950), as amended. 4. This Resolution shall be effective on and after the date of its adoption. ATTEST: City Clerk. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk September 13, 1995 File #53-77-514 William Gee, President H. & S. Construction Co. P. O. Box 6226 Roanoke, Virginia 24017 Dear Mr. Gee: I am enclosing copy of Ordinance No. 32651-091195 accepting the bid of H. & S. Construction Co. to construct a temporary entrance for Coca-Cola Bottling Co., for the total bid price of $69,037.60; and rejecting all other bids made to the City. Ordinance No. 32651-091195 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 11, 1995. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk September 13, 1995 File fk53-77-514 M. Wayne Hylton, Jr. Vice-President S. R. Draper Paving Co. 4742 Old Rocky Mount Road, S. W. Roanoke, Virginia 24014 Samuel Carter Chairman of the Board L. H. Sawyer Paving Co., Inc. 496 Glenmora Drive Salem, Virginia 24153 Gentlemen: I am enclosing copy of Ordinance No. 32651-091195 accepting the bid of H. & S. Construction Co. to construct a temporary entrance for Coca-Cola Bottling Co., for the total bid price of $69,037.60; and rejecting all other bids made to the City. Ordinance No. 32651-091195 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 11, 1995. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the abovedeecribed project. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. IN THECOUNCILOF THE CITY OF ROANOKE, VIRGINIA The llth day of September, 1995. ~-- ~ No. 32651-091195. AN ORDINANCE accepting the bid of ri. & S. Construction Company, made to the City to construct a temporary entrance for Coca-Cola Bottling Company; and rejecting all other bids made to the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of ri. & S. Construction Company made to the City, to construct a temporary entrance for Coca-Cola Bottling Company, meeting ail of the City's specifications and requirements therefor, for the total bid price of $69,037.60 which bid is on file in the Office of the City Clerk is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized to execute and attest, respectfully, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council, all as more particularly set forth in the City Manager's report to this Council dated September 11, 1995. 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 usuai daily operation of the municipai government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, The llth day of September, 1995. No. 32650-091195. VIRGINIA AN ORDINANCE to amend and reordain certain sections of the 1995-96 Capital Projects 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 1995-96 Capital Projects Fund' Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A ro riat'ons Streets and Bridges Temporary Entrance - Coca Cola (1-2) ............. Capital Improvement Reserve Public Improvement Bonds - Series 1996 (3) ....... Revenue Due from Other Governments (4) ................... 1) Appropriated from State Grant Funds (008-052-9550-9007) $ 83,000 2) Appropriated from Bond Funds (008-052-9550-9001) 1,660 3) Streets and Sidewalks (008-052-9701-9191) (1,660) 4) Due from VDOT (008-1306) 83,000 $ 10,783,173 84,660 $( 2,052,885) ( 4,672,400) 83,000 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. September 11, 1995 No. 95-184 The Honorable David A. Bowers, and Members of City Council Roanoke, Virginia Mayor Subject: Bid Committee Report Temporary Entrance For Coca Cola Bottling Company Project Number 6299 Dear Mayor and Members of Council: I concur with the recommendation relative to the above report and recommend it to you for appropriate action. Sincerely, W. Robert Herbert City Manager WRH/gpe copy: City Attorney Director of Finance Director of Public Works Manager, Office of Management and Budget Traffic Engineer September 11, 1995 No. 95-184 The Honorable David A. Bowers, and Members of City Council Roanoke, Virginia Mayor Dear Members of Council: Subject: Bid Committee Report Temporary Entrance for Ceca-Cola Bottling Company Project Number 6299 I. Backqround: Riqht-of-way acquisition for the Second Street/Gainsboro Road project was completed by City staff in July, 1995. Project construction, scheduled to begin in October, will block truck and visitor access to Coca-Cola Bottling of Roanoke, Inc. at times during construction of the new bridge that is part of this project. Provisions for temporary access to Coca-Cola require a separate construction contract by the City since it is considered by the Virginia Department of Transportation to be a right-of-way item. Temporary access to the Coca-Cola site can be provided on the east side of Fifth street, N.W. near Centre Avenue (see attached map). Project consists of fence relocation, gate installation, and temporary entranceway construction. Trucks using this entrance will be directed to use Shenandoah Avenue and will be prohibited from using Gilmer Avenue and Fifth Street to the north. It is anticipated that this will be used for up to two (2) months during the 24 month Second Street/ Gainsboro Road project. The temporary entrance will be removed upon completion of the Second Street/ Gainsboro Road project. II. Current situation: Bids, following proper advertisement, were publicly opened and read aloud before D. D. Roupe, Manager of Supply Management, on August 15, 1995, at 2 p.m. in Room 353 of the Municipal Building. Three (3) bids were received with H. & S. Construction Company of Roanoke, Virginia, submitting the low bid at $69,037.60. Temporary guardhouse and security officer will also need to be stationed at this temporary entrance at an September 11, 1995 No. 95-184 Page 2 III. estimated additional cost of $7,000 for two months. This amount will be part of the contingency fund mentioned below. The temporary guardhouse and the security officer will be provided by Coca-Cola and under the direction of Coca-Cola, and the City will only reimburse Coca-Cola for its reasonable direct costs for the security officer. Project costs will be 98% VDOT expense and 2% City expense. Issues: Compliance of the bidder with the requirements of the contract documents for bidding. B. Amount of the low bid. C. Fundinq of the project. D. Timing. IV. Alternatives: ae Award a contract to H. & S. Construction company to construct Temporary Entrance for Coca-Cola Bottling Company in accordance with the contract documents for the sum of $69,037.60, and establish a contingency of $13,962.40 (includes $7,000 for temporary guardhouse and security officer as set forth above and $6,962.40 for general contingency) totalling $83,000.00. Compliance of the low bidder with the requirements of the contract documents for bidding was met. 2. Amount of the low bid is acceptable. Fundinq needs to be appropriated from the 1996 Bond Issue to a new account. City share is $1~660.00 (which is 2% of the $83~000). The billing procedures between H. & S. Construction Company, VDOT, and the City require that $84~660.00 be appropriated and that a receivable account be established in the amount of $83,000.00. It is the City's intent to reimburse front-funding with bond funds upon issuance of the 1996 bonds. Internal Revenue Service regulations (Section 1.150-2) require that the City declare its intent September 11, 1995 No. 95-184 Page 3 IV. to reimburse itself $1,660.00 from the proceeds of its 1996 General Obligation bonds. Timing (which will coincide with the Second Street/ Gainsboro Road Project) is to begin construction in October, 1995 and restore the entranceway by late- 1997. B. Reject the bids and do not award a contract at this time. Compliance of the bidders with the requirements of the contract documents for bidding would not be an issue. Amount of the low bid would probably increase when rebid at a later date. 3. Funding would not be encumbered at this time. 4. Timing would adversely impact truck and visitor access to Coca-Cola during Second Street/ Gainsboro Road project construction. Recommendation is that City Council concur in Alternative "A" and take the following specific actions: Authorize the City Manager to enter into a contractual agreement, in a form approved by the City Attorney, with H. & S. Construction Company to construct Temporary Entrance for Coca-Cola Bottling Company in accordance with the contract documents in the amount of $69,037.60 and establish a contingency of $13,962.40 (includes $7~000.00 for temporary guardhouse and security officer as set forth above and $6,962.40 for general contingency) totalling $83,000.00. Appropriate $84,660 into a new account in the Capital Projects Fund entitled "Temporary Entrance - Coca Cola", $1,660 of which is to be from the Streets and Sidewalks category of the 1996 Bond Issue, and $83,000 to be reimbursed by the Virginia Department of Transportation. Adopt the appropriate resolution indicating the City's intent to reimburse front funding with bond proceeds upon sale of the 1996 bonds. D. Reject the other bids received. September 11, 1995 No. 95-184 Page 4 WRH/RKB/gpe Attachments copy: Respectfully submitted, William White, Sr., ~hairman William F. Clark A - Map B - Tabulation of Bids City Attorney Director of Finance Director of Public Works Director of Public Safety Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Traffic Engineer ~ON~s · _S NOS~3~3r ATTACHI~ENT A ATTACHMENT B TABULATION OF BIDS TEMPORARY ENTRANCE FOR COCA-COLA BOTTLING COMPANY ROANOKE, VIRGINIA PROJECT NUMBER 6299 Bids opened by D.D. Roupe, Manager, Supply Management, August 15, 1995, at 2 p.m. on BIDDER LUMP SUM H. & S. Construction Company $ 69,037.60 L. H. Sawyer Paving Co., Inc. $ 72,464.00 S. R. Draper Paving Co., Inc. $ 74,704.65 Estimated Cost : $ 92,000.00 · iam Whit~, - ~. John H. Parrott William F. Clark MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 September 13, 1995 SANDRA H. EAKIN Deputy City Clerk File #28-29-77-166-387-514 Carol B. Parker, Land Acquisition Specialist Virginia Department of Transportation P. O. Box 3071 Salem, Virginia 24153-3071 C. A. Simmons, Vice-President Appalachian Power Co. P. O. Box 2021 Roanoke, Virginia 24022-2121 Donald C. Reid Area Manager - Roanoke and New River Valley Bell-Atlantic Virginia 5415 Airport Road, N. W. Roanoke, Virginia 24012 Dear Ms. Parker and Gentlemen: I am enclosing copy of Ordinance No. 32633-091195 authorizing the donation and conveyance of certain easements and providing necessary utilities across City-owned property, bearing Official Tax No. 1610210, for use in connection with the widening of Brendon Avenue, S. W., to the Commonwealth of Virginia acting through its Department of Transportation, or other appropriate state agency, Appalachian Power Co. and Bell- Atlantic Virginia, upon certain terms and conditions, as more particularly set forth in a report of the Water Resources Committee under date of August 28, 1995. Ordinance No. 32633-091195 was adopted by the Council of the City of Roanoke on first reading on Monday, August 28, 1995, also adopted by the Council on second reading on Monday, September 11, 1995, and will be in full force and effect ten days following the date of its second reading. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, Th~ -i~th day of September, 1995. No. 32633-091195. AN ORDINANCE authorizing the donation and conveyance of certain easements across City-owned property to the Commonwealth of Virginia, Appalachian Power Company and Bell-Atlantic Virginia for use in connection with the widening of Brandon Avenue, S.W., upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are hereby authorized to execute and attest, respectively, in a form approved by the City Attorney, the necessary documents donating and conveying certain easements and providing necessary utilities across City-owned property, bearing Official Tax Map No. 1610210, for use in connection with the widening of Brandon Avenue, S.W., to the Commonwealth of Virginia acting through its Department of Transportation, or other appropriate state agency, Appalachian Power Company and Bell- Atlantic Virginia, upon certain terms and conditions, as more particularly set forth in the report of the Water Resources Committee dated August 28, 1995. ATTEST: City Clerk. August 28, 1995 Report No. 95-336 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Easement on City-owned Property VDOT Brandon Avenue Widening Project Official Tax No. 1610210 The attached staff report was considered by the Water Resources Committee at its regular meeting on August 14, 1995. The Committee recommends that Council authorize the execution of the appropriate documents, in a form approved by the City Attorney, donating easements across City-owned property. Said easements shall be for the purpose of widening Brandon Avenue, S.W., and providing necessary utilities, in accordance with conditions stated in the attached report. Respectfully submitted, E1 Bowles, Chairperson Water Resources Committee ETB:KBK:afm Attachments cc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations D. D. Daniels, Assistant to City Manager for Community Relations Charles M. Huffine, City Engineer Diane S. Akers, Budget Administrator Robert K. Bengtson, Traffic Engineer Carol B. Parker, Land Acquisition Agent, VDOT P. O. Box 3071, Salem, VA 24153 Report No. 95-336 CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: August 14, 1995 Members,, W~.er Resources Committee ~. ger, Director, Utilities and Operations thru W. Robert Her~,~, Manager Easement on City-Owned Property VDOT Brandon Avenue Widening Project Official Tax No. 1610210 Baekqround in chronological order is as follows: City Council requested that a project to widen Brandon Avenue, S.W., from Edgewood Street to the western corporate limits be programmed by the Virginia Department of Transportation (VDOT) by Ord. No. 29954-3590, adopted March 5, 1990. Project was subsequently included in VDOT's Six-Year Highway Improvement Program. Purpose of project is to relieve existing traffic congestion on Brandon Avenue between Edgewood Street and the western corporate limits, and accommodate anticipated traffic that will be generated by the proposed Peters Creek Road Extension project. Proposed design of project consists of five lanes along the 1.4 mile route, two in each direction with a continuous left turn lane in the center of the roadway. City Council requested that VDOT acquire all necessary rights-of-way, conveying same to Roanoke at the appropriate time and approved the location and major design features of the project by Ord. No. 31738- 101193, adopted Oct. 11, 1993. Members, Water Resources Committee VDOT Brandon Avenue Widening Project August 14, 1995 Page 2 II. Current Situation is as follows: Relocation of existing power and communication facilities needs to be done in order to permit widening of street. Easements across City-owned property identified as Tax No. 1610210, between Edgewood Street and Mud Lick Creek, S.W., have been requested by VDOT for the Brandon Avenue Widening Project, as outlined below (see attached documents). A.qreement with VDOT for permanent easement and utility easement. A.qreement with Appalachian Power Company for relocation of power lines. Deed of Easement with Bell Atlantic-Virginia for relocation of communication system. III. Issues in order of importance are: A. Need B. Timinq IV. Alternatives in order of feasibility are: Committee recommends that City Council authorize the execution of the appropriate documents, in a form approved by the City Attorney, donating easements across City-owned property. Said easements shall be for the purpose of widening Brandon Avenue, S.W., and providing necessary utilities. 1. Need for easements to allow construction of project is met. 2. Timing to allow project to progress within time schedules is met. Members, Water Resources Committee VDOT Brandon Avenue Widening Project August 14, 1995 Page 3 Committee does not recommend that City Council authorize the execution of the appropriate documents, in a form approved by the City Attorney, donating easements across City-owned property. Said easements shall be for the purpose of widening Brandon Avenue, S.W., and providing necessary utilities. 1. Need for easements to allow construction of project is not met. o Timing to allow project to progress within time schedules is not met. Committee's Recommendation is that City Council authorize the execution of the appropriate documents, in a form approved by the City Attorney, donating easements across City-owned property. Said easements shall be for the purpose of widening Brandon Avenue, S.W., and providing necessary utilities in accordance with Alternative "A". WRH/KBK/SEF/ Attachments CC: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Budget Administrator Traffic Engineer Carol B. Parker, Land Acquisition Agent, VDOT P. O. Box 3071, Salem, VA 24153 DAVID R. GEHR COMMISSIONER COMMONWEALTH o[ VIRQINIA DEPARTMENT OF TRANSPORTATION P 0 BOX 3071 SALEM 24153-0560 City of Roanoke c/o Sarah E. Fitton Engineering Coordinator Room 350 - Municipal Building 215 Church Ave., S.W. Roanoke, VA 24011 FRED ALTIZER, JR. DISTRICT ADMINISTRATOR Dear Ms. Fitton= RIGHT OF WAY - Route 11 Project 0011-128-F02, RW-201 · City of Roanoke PPMS I.D. 10576 Property of City of Roanoke Parcel 055 The Virginia Department of Transportation (VDOT) is in the process of acquiring right of way for the construction and improvement of the above project. Your property is being affected, and it is necessary that VDOT offer the fair market value of those rights to be acquired. The fair market value of your property was determined by an appraiser assigned to this project who made a thorough study of real estate values in the area through which this project passes. The study required the confirmation of property sales that have taken place within the project area during the past several years. The area was also studied to determine any trends or activities of the real estate market that may affect the value of your property. Upon completion of these studies and the assembly of all information, the appraiser then determined the effects of the proposed road construction on your property and established fair market value. The studies and appraisal were based on approved professional appraisal techniques. Accordingly, the following represents a summary of VDOT's offer to you: Land & Improvements Damages to Remaining Land & Improvements TOTAL OFFER $100.00 0 $100.00 Enclosed for your review and execution is %rOOT's agreement setting forth the above consideration, the conditions of conveyance, and description of the area needed. Also, enclosed is a copy of Sheet No. 12D of the road plans for this project, showing outlined in GREEN the land conveyed for a permanent easement and in PURPLE the utility easement. TRANSPORTATION FOR THE 21 ST CENTURY City of Roanoke c/o Sarrah E. Fitton Page 2 Should you agree to accept the offer, please have all parties execute this agreement. Once you return it to us, VDOT will order payment from the State Treasurer covering the consideration set forth above. Should you require further information regarding this offer, please feel free to contact me at the number and address indicated below. We appreciate your cooperation and consideration of our offer. By your agreement, Virginia's Transportation System will continue to be one of the finest in the nation. I will be contacting you for your decision in the next few days. Sincerely yours, Carol B. Parker Land Acquisition Specialist Right of Way Division P. O. Box 3071 Salem, Virginia 24153-3071 Telephone No. 703 387-5586 CBP:cbr Attachment cc: Mr. S. A. Waymack THIS between RW-28 Corp Revised 3-91 Exempted from recordation taxes and fees under Sections 58.1-811(A)(3), 58.1-811(C)(4), 58.1-3315 and 25-249. AGP~MENT, made this __ day of , 19 , by and party of the first part, Grantor (even though more than one), and the COMMONWEALTH OF VIRGINIA, party of the second part, Grantee WITN~SSETH~ THAT WHEREAS, it is proposed by the Commonwealth to widen or improve State Highway Route 11, Project 0011-128-F02, C-501, From W.C.L. Salem To Edgewood Street, in the City of Roanoke, Virginia; and WHEREAS, In the improvement it is necessary that the said party of the second part enter upon the lands of the party of the first part located in the aforesaid city to extend the road slopes and/or other construction onto the said lands, from opposite approximate survey centerline Station 15+00 to opposite approximate Station 15+16 as shown on Sheet 12D of the plans for the above said Project on file in the office of the Department of Transportation, Richmond, Virginia; NOW THE~FO~E, For and in consideration of one dollar ($1.00) cash in hand paid to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant and convey to the party of the second part, with general warranty, the right and easement to use the areas from opposite approximate survey centerline Station 15+00 to opposite approximate Station 15+16, containing 0.003 acre, more or less, and as shown outlined maintenance attached as Highway Plat Book __ ADDITIONAL CON$IDERATION~ in GREEN on a photocopy of said Sheet 12D for the proper execution and of the work, free from encroachments, which photocopy is hereto part hereof and recorded simultaneously herewith in the State Page __ $100.00 in full for permanent easement, utility appurtenances thereon, and any and all damages. easement, any and all The party of the first part by the execution of this instrument acknowledges that th~ plan for the aforesaid project as they affect its property have been fully explained to its authorized representative. The party of the first part covenants and agrees for itself, its successors and assigns, that the consideration hereinabove mentioned and paid to it shall be in lieu of any and all claims to compensation for said easement, and for damages, if any, which may result by reason of the use to which the party of the second part will put the easement to be conveyed. The party of the first part covenants that it is seized of the land in fee simple out of which this easement is conveyed; that it has the right to convey the said easement to the party of the second part; that it has done no act to encumber the said land conveyed in easement; that the party of the second part shall have quiet possession of the easement, free from all encumbrances, and that it will execute such further assurances of the said easement as may be requisite. WITNESS the following signature and seal= City of Roanoke~ Virqinia By= Title= (SEAL) State of County of The foregoing instrument was acknowledged before me this 199 , by of day of My Commission expires Notary Public MAP NO. 3780-277-A2 PROPERTY NO. 48 EAS. NO. W, O. 750-0011 J. O. 95-0169 THIS AGREEMENT, made this 5th day of June, 1995, by and between the CITY OF ROANOKE, a municipal corporation existing under the laws of the Commonwealth of Virginia, herein called "GI~%NTOR," and APPALACHIAN POWER COMPANY, a Virginia corporation, herein called "APPALACHIAN." W I TN E S SETH: THAT FOR AND IN CONSIDEBATION of the sum of ONE DOLLAR ($1.00), the receipt of which is hereby acknowledged, the GRANTOR hereby gives license and permit to APPALACHI/~N, its successors and assigns, and the right, privilege and authority to said APPALACHIAN, its successors and assigns, to construct, erect, operate, and maintain a of relocating power lines U.S. 11 (Brandon Avenue, S.W.). line or lines for the purpose for the reconstruction of BEING a right of way, in, on, along, over, through, across or under said lands for the purpose of making more reliable electric service available to facilities located in The City of Roanoke. Said rights and Easements for installing one (1) pole 277-742, as shown on APPALACHIAN POWER COMPANY Drawing No. R-3131 dated May 31, 1995, entitled Proposed Right of Way on Property of city of Roanoke, attached hereto and made a part hereof. The location of said electric facilities being on Edgewood Street, S.W. and being approximately 500 feet northeast off Brandon Avenue, S.W. (U.S. 11). TOGETHER with the right to said APPALACHIAN, its successors and assigns, to construct, erect, install, place, operate, maintain, inspect, repair, renew and add to the number of poles, crossarms, wires, cables, transformers, guys, and anchors in, on, and under the premises above referred to; with prior consent in writing of the GRANTOR, to remove from said premises any trees or other obstructions which may endanger the safety or interfere with the use of said poles, crossarms, cables, transfor~ers, guys and anchors; and the reasonable right of ingress and egress to and over the premises above referred to and any of the adjoining lands of the party of the GRANTOR, at any and all reasonable times, for the purpose of patrolling the line, adding to the number of said poles, transformers, guys and anchors; or repairing, renewing or crossarms, wires, cables, and for doing anything necessary or useful or convenient for the enjoyment of the rights herein granted; also the privilege of removing at any time any or all of said improvements erected in, on, or under said land. The GRANTOR hereby grants, conveys and warrants to Appalachian Power Company a nonexclusive right of way easement for electric facilities. In the event APPALACHIAN should remove all of its poles, crossarms, wires, cables, transformers, guys and anchors; from the lands of the GRANTOR, then all of the rights, title and interest of the party of APPALACHIAN in the right of way and license hereinabove granted, shall revert to the GRANTOR, its successors and assigns. APPALACHIAN agrees to indemnify and save harmless the GRANTOR against any and all loss or damage, accidents, or injuries, to persons or property, whether of the GRANTOR or any other person or corporation, arising in any manner from the negligent construction, operations, or maintenance, or failure to properly construct, operate, or maintain the said poles, crossarms, wires, cables, transformers, guys and anchors of APPALACHIAN. TO HAVH AND TO HOLD the same unto Appalachian Power Company, its successors and assigns. WITNESS the signature of the city of Roanoke by , its City Manager, and its municipal seal hereto affixed and attested by MARY F. PARKER, its City Clerk pursuant to Ordinance No. adopted on CITY OF ROANOKE ATTEST: CITY MANAGER CITY CLERK APPALACHIAN POWER COMPANY By. C. A. SIMMONS, VICE PRESIDENT TO-WIT: STATE OF VIRGINIA) ) CITY OF ROANOKE ) I, , a Notary Public in and for the City and commonwealth At Large, do certify that and , City Manager and City Clerk, respectively, of the City of Roanoke, whose names as such are signed to the writing above, bearing date the __ day of , 19 __, have each acknowledged the same before me in my jurisdiction aforesaid. Given under my hand this day of , 19 __. My Commission Expires: NOTARY PUBLIC STATE OF VIRGINIA) ) TO-WIT: CITY OF ROANOKE ) The foregoing instrument was acknowledged before me this day of , 19 , by C. A. simmons, Vice President of Appalachian Power Company, a Virginia corporation, for an on behalf of said corporation. My commission expires: AGRMTS/CTYROA3.WPF NOTARY PUBLIC MAP $~CTION 3780- 277A2 EXI.S'TING R/W PROPC~ED PCX.£S 277- 74-1 ....¢ PROPO3ED RIGHT OF 'CITY OF ROANOKE VIRGINIA T. D. 665020 CITY OF ROANOKE AIq~ALA(::~IAN PO~ER COMPANY ROANQI'~E vIF~INIA ROANOKE DIVISION T'&D DEI:IRRTldEI,/T PROI::~DSED RIGHT OF WAY ON PROPE:RTY Of: CITY OF ROANOKE: This Deed of Easement, made *his day of ATLANTIC-.VI~GINIA, hereinat~er called ~ and ~;. ~ 0 Form # 1 ,19 .~, }etween BELL successors or assigns hereinafter called "GRANTOR". WITNESSETH Received of the BELL ATLANTIC-VIrGINIA, one dollar ($1.0_0) in consideration ofwkich the undersigned hereby g~ant and convey unto said Company, its successors, assigns, lessees and agents, a fight of way and easement to construct, operate, m~ntain, replace and remove a commucation system consisting of such poles, fixtures, guys, anchors, wires, cables, buried cables, buried wires, posts, terminals, location markers and other appurtenances, as the grantees may ~om to me req=, upon, under, oss, and ov. r the .whi? the rsigned the undersigned have any interest; said land being located m the County of , and State of Virginia, and upon, under,~ong and over the roads, streets and highways adjoining the said land, together with the following rights: 'Of ingress and egress over, under and across the lands of the undersigned to and fxom said systems for the purpose of exercising the rights herein granted; to open and close fences, cut down and keep cut down all txees and undergrowth within ~ feet of said system: and to p;,~dt the attachment of and to carry in said system the wires, cables, circuits and appurtenances of any other Company; including all electric wires. Said easement being located and described on said land as follows: Witness hand and sesl this day of State of V~gini~ To Wit: the Grantor ,19 (Seal) of Grantor (Sesl) .., a of the State of Virginia in and for aforesaid, do hereby ee~ry that whose nnme day of ,19 and State aforesaid. Given under my hand signed to the w~thin writing beatillg ~ on the , has acknowledged the same before mc in my this day of , Notary Public My commission expires .. day of ., 19 ,. . © : MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk September 13, 1995 File ~,80-214 The Honorable Lawrence L. Koontz, Jr. 904 Honeysuckle Road Salem, Virginia 24153 Dear Judge Koontz: I am enclosing copy of Resolution No. 32653-091195 commending you on your appointment to the Supreme Court of Virginia. Resolution No. 32653-091195 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 11, 1995. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Eric. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, T~ l~th day of September, 1995. No. 32653-091195. A RESOLUTION commending the Honorable Lawrence L. Koontz on his appointment to the Supreme Court of Virginia. WHEREAS, on August 16, 1995, the Honorable Lawrence L. Koontz was sworn in as a member of the Supreme Court of Virginia which convened in Special Session at Roanoke College in Salem for the occasion; WHEREAS, Justice Koontz, a Roanoke native and Jefferson High School graduate, had previously served as a Juvenile and Domestic Relations Court judge for nine years, Circuit Court judge for nine years and as a judge of the Court of Appeals of Virginia for ten years, including eight years service as Chief Judge, before his appointment to the Supreme Court of Virginia; WHEREAS, Justice Koontz has in all his public service brought great credit to the judiciary, and his distinguished record of service as a jurist on three different courts has proven him well- qualified to serve as a justice of the Supreme of Virginia; and WHEREAS, a resident of the Roanoke Valley has not sat on the Supreme Court of Virginia for more than forty years, and this Council is desirous of taking special note of the elevation of this distinguished local jurist to Virginia's highest court; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council adopts this resolution as a means of taking special note of the elevation of this distinguished local jurist and Roanoke native to the Commonwealth's highest court. 2. Council sends it congratulations and commendations to the Honorable Lawrence L. Koontz, Justice, Supreme Court of Virginia, on his outstanding achievements. 3. The City Clerk is directed to forward an attested copy of this resolution to Justice Koontz. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, The llth day of September, 1995. No. 32654-091195. VIRGINIA, A RESOLUTION expressing the appreciation of the City to William W. Arnold, area veterans, veterans' groups and businesses for their contributions toward the erection of a Veterans' Memorial Flag Pole and monument at Fishburn Park. WHEREAS, two years ago William W. Arnold conceived the idea of erecting a 35-foot permanent flag pole with lights and a granite monument in Fishburn Park in honor of all American veterans in the Roanoke Valley; WHEREAS, Mr. Arnold raised funds for the project which has now been completed under his leadership; WHEREAS, Roanoke Valley veterans, veterans' groups and businesses contributed generously to this patriotic project; WHEREAS, Memorial Flag Pole September 13, 1995, THEREFORE, BE Roanoke as follows: 1. area and the dedication and acceptance of the Veterans' at Fishburn Park will occur on Wednesday, at 10:00 a.m.; IT RESOLVED by the Council of the City of City Council adopts this resolution as a means of expressing its appreciation to and commending William W. Arnold for his public-spirited contribution in conceiving the idea for the Veterans' Memorial Flag Pole and providing the leadership to bring this project to completion. 2. City Council also expresses its appreciation to Varney Electric for th~ donation of lights for the flag pole, Rock of Ages for the donation of a granite monument and Abingdon Pole Company for the donation of a 35-foot pole and to the many Roanoke Valley war veterans and veterans' groups who contributed generously to this patriotic project. 3. The City Clerk is directed to forward an attested copy of this resolution to Mr. Arnold, Varney Electric, Rock of Ages and Abingdon Pole Company. ATTEST: City Clerk. WILBURN C. DIBLING, JR. CITY A3~ORN EY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-981-2431 TELECOPIER: 540-224-3071 September 11, 1995 WILLIAM X PARSONS STEVEN J. TALEVI GLADYS L. YATES GARY E. TEGENKAMP ASSISTANT CITY ATTORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Veterans' Memorial Flaq Pole at Fishburn Park Dear Mayor Bowers and Council Members: By report of July 10, 1995, the City Manager advised you that William W. Arnold had been granted permission to have erected in Fishburn Park a 35-foot flag pole with lights and a granite monument to honor veterans of the Roanoke Valley. Mr. Arnold conceived this project, and it was brought to completion under his leadership. I understand that dedication and acceptance of the Veterans' Memorial Flag Pole in Fishburn Park will occur on Wednesday, September 13, 1995, at 10:00 a.m. I am pleased to attach a resolution thanking Mr. Arnold, Roanoke Valley veterans, veterans' groups and area businesses for their contributions to this project. With kindest personal regards, I am Sincerely yours, Wilburn C. Dibling, Jr. City Attorney WCD:f Attachment cc: W. Robert Herbert, City Manager William F. Clark, Director of Public Works John W. Coates, Manager, Parks and Recreation/Grounds Maintenance Lynnis B. Vernon, Parks Planner MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk September 13, 1995 File #132488 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, September 11, 1995, Council Member McCadden suggested that a representative of the Roanoke Neighborhood Partnership staff attend meetings of City Council in an effort to improve the relationship between Council and the Neighborhood Partnership Office. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm John R. Marlles, Chief, Planning and Community Development Mariam K. Alam, Neighborhood Partnership Coordinator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The llth day of September, 1995. No. 32655-091195. AN ORDINANCE to amend and reordain certain sections of the 1995-96 Capital Projects 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 1995-96 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Ammromriations capital Improvement Reserve $ (1,966,225) Capital Improvement Reserve (1) .................. 361,761 1) EcoRomic Development (008-052-9575-9178) $ 85,000 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Office of the City Manager September 8, 1995 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia 24011 Dear Mayor Bowers and Members of Council: I have requested an Executive Session for the September 11, 1995 Council meeting. I am attaching a report which I recommend your action after the Executive Session, subject to any questions or concerns on the part of Council Members. It is important to return this property to taxable status and to remove the financial liability for asbestos removal and general maintenance on these buildings. Respectfully, W. Robert Herbert City Manager WRH/ga Attachment CC: Mary F. Parker, City Clerk Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Phillip F. Sparks, Acting Chief, Economic Development Room 364 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (703) 981-2333 September 11, 1995 Honorable Mayor and City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: Campbell Avenue Historic Properties 120, 122 and 124 West Campbell Avenue I. BACKGROUND: City Council authorized by Ordinance No. 29372 dated November 26, 1988, the execution of Sale and Exchange Agreement with James L. and Muriel King Trinkle, providing that the City purchase property owned by the Trinkles at 120 and 122 West Campbell Avenue for $164,000.00, and further providing that the City exchange real estate owned at 124 Kirk Avenue for real estate owned by the Trinkles at 118 and 124 West Campbell Avenue. Virginia Department of Conservation and Historic Resources Provided a $I00.000.00 grant toward the acquisition of the Campbell Avenue Historic properties. i~ agreed to donate historic preservation easements on the buildings to the Virginia Historic Landmarks Commission (VHLC) or to require as a condition of sale that the purchaser or purchasers donate historic preservation easements to the VHLC, as required by the State Grant Agreement. ' i~/l~2~y~[~ prepared and submitted an acceptable National Register Nomination to the VHLC, requesting that the buildings be formally added to the State Register and nominated to the National Register of Historic Places. The Nomination has been approved at State and National levels. $55.005.00 was the low bid for the removal of asbes~0.~ from the Campbell Avenue Historic Properties. The majority of the asbestos was in 118 West Campbell Avenue. (The asbestos has not been removed.) II. CURRENT SITUATION: $85.000.00 offer for 120. 122 and 124 West Campbell Avenne has been received from Lagniappe, L.L.C. Lagniappe is a limited liability corporation whose principals are David and Helen Hill, owners and operators of Hill Studio P. C. Honorable Mayor and City Council Page 2 Commercial offices and residential avartments (2) are the planned uses of the property and Hill Studio will occupy the commercial space. The latest assessed values of 120, 122 and 124 West Campbell Avenue for tax purposes are: 120 Campbell Avenue 122 Campbell Avenue 124 Campbell Avenue $40,800.00 $40,400.00 $35,300.00 These values do not take into account any costs such as asbestos removal, brokerage fees, etc., that may be incurred in the process of marketing the property. Purchase and Sale A~reement has been negotiated and approved by the City Attorney (see Attachment "A"). 1. Purchase orice is $85,000.00. Purchaser will take the Campbell Avenue Historic Properties as they now exist acknowledging existence of asbestos and responsibility for its removal. The City will donate historic preservation easement to the VHLC as required by the State Grant Agreement, prior to closing of the sale. III. ISSUES: ho Historic t~reservation. Downtown redevelopment. Timing. D. Funding. Honorable Mayor and City Council Page 3 IV. ALTERNATIVES: Ao City Council authorize the execution of necessary documents to sell 120, 122 and 124 West Campbell Avenue to Lagniappe, L.L.C., for a sum of $85.000.00. City Council anorooriate the $85,000.00 sale proceeds into the Capital Projects Fund, Capital Improvement Reserve Account 008 052 9575 9178, for future Economic Development projects. Historic preservation will be maintained with the redevelopment of the Campbell Avenue historic buildings. Downtown redevelooment will continue with an existing business relocating into the renovated property and two residential units will be added. Timing will allow the City to convey ownership of the properties without having to incur additional expense to stabilize the buildings. 4. Fundin~ will be available for future Economic Development projects. B. City Council not authorize the sale of 120, 122 and 124 West Campbell Avenue. Historic preservation will not be enhanced due to buildings' desperate need for renovation. Downtown redevelopment will not be enhanced due to store fronts remaining empty, jobs may not be retained and an opportunity will be missed for downtown housing. o Timim, will be negatively impacted due to the work the City will need to do to maintain the existing structure. 4. Funding of future Economic Development projects will be more difficult. Vo RE(~OMMENDATION: City. Council authorize the execution of necessary documents in form approved by City Attorney to sell 120, 122 and 124 West Campbell Avenue to Lagniappe, L.L.C., for a sum of $85.000.00. City Council appropriate the $85,000.00 sale proceeds into the Honorable Mayor and City Council Page 4 Capital Projects Fund, Capital Improvement Reserve Account 008 052 9575 9178, for future Economic Development projects. Respectfully submitted, W. Robert Herbert City Manager WRH/DC/ga Attachnments CC: City Attorney City Clerk Director of Utilities and Operations Director of Finance Director of Public Works Chief of Economic Development Director of Real Estate Valuation Commissioner of the Revenue PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (the "Agreement") is made and entered into as of the __ day of , 1995, by and between LAGNIAPPE, L.L.C., a Virginia Limited Liability Company ("Purchaser"), CITY OF ROANOKE, VIRGINIA ("Seller"), and MARTIN, HOPKINS & LEMON, P.C. ("Escrow Agent"). RECITALS WHEREAS, Seller is the owner of real property located at 120- 124 W. Campbell Avenue in the City of Roanoke, Virginia, which property is more particularly described in Exhibit "A" attached hereto and by this reference made a Dart hereof (the "Real Property"); and WHEREAS, Seller wishes to sell the Real Property, and Purchaser wishes to purchase the Real Property and all improvements thereon under certain terms and conditions; NOW, THEREFORE, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) paid in hand prior to the signing, sealing and delivery of this Agreement, and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledgedbythe parties hereto, and the mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. Purchase and Sale. Seller agrees to sell, and Purchaser agrees to purchase, the Real Property, together with all improvements located thereon and all fixtures annexed thereto and all leases, rental agreements, tenancies, privileges, easements, appurtenances and hereditiments appertaining thereto, including, without limitation, all development rights, view rights, solar rights, air rights, and water rights related thereto, all easements, rights-of-way and other appurtenances used in connection with the beneficial use and enjoyment thereof, and all personal property, if any, owned by the Seller and located within the Real Property (collectively, the "Property"), for s purchase price of EIGHTY-FIVETHOUSANDANDNO/100DOLLARS ($85,000.00). The purchase price shall be payable, all in cash, inclusive of Deposit, at Closing, hereinafter defined. 2. Deposit. Upon Purchaser's execution of this Agreement~ Purchaser will deposit THREE THOUSAND AND NO/100 DOLLARS ($3,000.00) with Martin, Hopkins & Lemon, P.C. ("Escrow Agent") as earnest money deposit (the "Deposit"). 3. Closinq. The closing (the "Closing") of the transaction contemplated by this Agreement shall take place in the offices of Martin, Hopkins & Lemon, P.C., within sixty (60) days of execution of this Agreement by the Seller, or at such other place and time as Purchaser and Seller agree. At the Closing, Seller shall assign and/or deliver to Purchaser the following items: (a) General warranty deed conveying the Real Property and the improvements thereon to Purchaser subject only to the Permitted Exceptions, as defined in paragraph 8 below; (b) Bill of Sale conveying any personal property to Purchaser~ (c) Closing Statement; (d) Affidavit of non-foreign status under IRS Section 1445(f)(3); (e) Evidence of authority of Seller as well as the officer executing the closing documents on behalf of Seller~ (f) An owner's affidavit acceptable to Purchaser's title company~ and (g) Other documentation as may be reasonably required by Seller and Purchaser. 4. Closinq Costs. Seller shall pay the cost of preparing the general warranty deed and the grantor's tax imposed by Virginia law. Purchaser shall pay the cost of its investigations of the Property, including examination of title and survey, the grantee's tax imposed byVirginia law and the recording costs for the general warranty deed. Each party shall be responsible for its own attorney's fees. All other expenses as may arise shall be allocated as customary in Roanoke, Virginia. 5. Brokeraqe Commission. Purchaser and Seller each warrant and represent to the other that it has not dealt with or engaged a real estate broker or other party that is entitled to a finder's fee or a commission in connection with this transaction. Purchaser and Seller each agree to indemnify and hold harmless the other and defend the other from and against any claim, loss, damage, liability, cost and expense (including, without limitation, attorney's fees) resulting from the claims of any broker or party that shall involve a breach of the foregoing warranties and representations. 6. Pro-rations. Real property taxes for the current year shall be' prorated as of Closing. Assessments, if any, shall he paid in full by Seller at Closing. ?. Possession. Purchaser shall be entitled to sole possession-of the property at Closing. Prior to closing, Seller shall remove any and all paint, chemicals, and chemical and paint cans stored on the second floor of the building commonly known as 124 Campbell Avenue. 8. Title. At closing, Seller shall convey to Purchaser good and marketable fee simple title to the Property by deed of general warranty containing English covenants of title, free of all liens, defects and encumbrances, except the exceptions identified in Exhibit "B", existing marketable restrictions and marketable utlllty easements now of record, other customary and usual exceptions not adversely affecting title, and the historic preservation easements in substantially the form attached hereto as Exhibit "C" (collectively, the "Permitted Exceptions"). Purchaser shall have the right to have the title to the Property examined at his own expense. Should Purchaser desire such a title examination, Purchaser by execution of this Agreement agrees to have title to the Property examined prior to September 10, 1995. If any defect in title is found which would prevent title from being insurable and marketable, Purchaser shall on or before September 11, 1995 at noon notify Seller thereof and Seller shall have ten (10) days after notice thereof in which to correct any objection. If Seller fails to correct any such objection within said period to the sole and absolute satisfaction of Purchaser, then Purchaser shall have the option of withdrawing its offer to purchase the Property. Said withdrawal of offer to be exercised by written notice to Seller within ten (10) days following the end of the ten (10) day period set forth above for the Seller's correction of such objection. Should Purchaser withdraw its offer, Escrow Agent shall promptly refund the Deposit. If a title update conducted after the initial title examination and prior to closing reveals a defect in title which would prevent title from being insurable and marketable, Purchaser ~hall on or before October 31, 1995 notify Seller thereof and Seller shall have ten (10) days after notice thereof in which to correct said objection. If Seller shall fail to correct any such objection within said period to the sole and absolute satisfaction of Purchaser, then Purchaser shall have the option of= (a) Postponing Closing hereunder for a period of ten (10) days or until such objection is corrected by Seller whichever comes first. (b) Declining to accept the Property with such objection, to be exercised by written notice to Seller within ten (10) days following the end of the ten (10) day period set forth above for the correction by Seller of such objection. Should Buyer decline to purchase the Property as provided for in this Paragraph, Escrow Agent shall promptly refund the Deposit and this Agreement will terminate and be of no further force and effect~ or (c) Waive the objection and proceed to Closing with no reduction of the Purchase Price. Should Purchaser elect to postpone closing under (a) above and should said objection remain uncorrected for ten (10) days, Purchaser shall have the further choice of options (b) and (c) set forth above in this Paragraph, such choice to be exercised by written notice to Seller within ten (10) days following the end of such postponement period. 9. Historic Preservation Easements. Purchaser acknowledges and agrees that he has read and understands the historic easements attached as Exhibit "C". Purchaser understands that Seller will record easements in substantially this form prlor to Closing. Any such easement recorded by the Seller which is different than the form attached hereto must be acceptable to and approved by the 3 Commonwealth of Virginia, Virginia Board of Historic Resources. 10. Survey. Attached hereto as Exhibit "D" is a copy of Seller's survey of the Real Property. Purchaser may obtain an updated survey of the Property. Should Purchaser desire such an updated survey, Purchaser by execution of this Agreement agrees to have a survey of the Property prepared prior to September 10, 1995. In the event the survey is not satisfactory to Purchaser, Purchaser shall on or before September 11, 1995 at noon, notify Seller thereof and Seller shall have ten (10) days after notice thereof in which to correct any objection. If Seller shall fail to correct any such objection within said period to the sole and absolute satisfaction of Purchaser, then Purchaser shall have the option of withdrawing its offer to purchase the Property. Should Purchaser withdraw its offer~ Escrow Agent shall promptly refund the Deposit. 11. Conditions Precedent. The obligation of the Purchaser to consummate the transaction contemplated by this Agreement is subject to the following conditions: (a) Seller delivering good and marketable title to the Property; and (b) Purchaser's ability to obtain acceptable financing of the purchase price and development costs. 12. Fire and Other Casualty. If prior to Closing the Property is damaged by fire or other casualty, Purchaser shall have the right to terminate this Agreement and receive a full refund of the Deposit and this Agreement shell have no further force and effect. If Purchaser elects to proceed with Closing, Purchaser shall be entitled to receive an assignment of Seller's interest in any insurance policies insuring the Property. 13. Condemnation. As used herein, the term "condemnation" refers to. a taking by a public or governmental authority under power of eminent domain or a transfer in lieu thereof. Seller shall immediately notify Purchaser upon learning of the pendency of a condemnation proceeding or the likelihood thereof. Upon receipt thereof, Purchaser shall have ten (10) days to determine whether it wishes to (a) proceed to close and be entitled to an assignment of all condemnation proceeds; or (b) terminate this Agreement which shall have no further force and effect and receive a full refund of the Deposit. 14. Seller's Representationr Warranties and Covenants. Seller makes the following representations, warranties and covenants: (a) Seller has full power and authority to enter into this Agreement and assume and perform all of its obligations hereunder. (b) Seller owns insurable, good and marketable fee simple title to the Property, free and clear of all liens, rights to liens, deeds of trust, mortgages, encroachments, leases and other encumbrances whatsoever except for those encumbrances identified in Paragraph 8. (c) There are no service, supply, management or other agreements relating to the operation or ownership of the Property (the "Service Contracts"). (d) To the best of Seller's knowledge, electricity, gas, water, sanitary sewer, and telephone are currently available to the Property, all such utilities enter upon the Property and are operated through valid public or private easements or rights-of- way, all installation and connection charges have been paid in full. (e) There are no outstanding accounts payable or mechanic's liens or rights to claim a mechanic's lien in favor of any contractor, materialman, or laborer or any other person or entity in connection with the construction of any portion of the Property~ there have not been any contracts entered into for work to be performed or materials to be supplied to the Property in the one hundred twenty (120) days prior to the date hereof which have not been fully paid for, which would or could give rise to the filing of such liens against the Property. Seller shall be responsible for any and all claims for mechanic's liens against the Property. Seller shall be responsible for any and all claims for mechanic's liens and account payable that have arisen or may subsequently arise due to contracts entered into for and/or any work performed on, or materials supplied to, the Property prior to the Closing and Seller shall and does hereby agree to defend, indemnify, and hold Purchaser forever harmless from and against any and all such mechanic's lien claims, accounts payable, and any other contracts or commitments entered into for and/or any work performed on, or materials supplied to, the Property prior to the Closing. Seller shall provide the title company with an affidavit and indemnity (if necessary) in order to permit the title insurance policy to be issued without standard exceptions for construction and/or mechanic's liens. (f) Seller is subject to no Judgment or decree of a court of competent Jurisdiction which would limit or restrict Seller's right to enter into and carry out this Agreement or otherwise affect the Property or any interest therein. There is no default under and no event has occurred which, with the passage of time, would constitute an event of default under any mortgage or mortgage loan documents of Seller relating to the Property. (g) Seller has received no notice of any proceedings for the taking by exercise of the power of eminent domain, or in any other manner, for a public purpose, of all or any part of the Property and, to the best of Seller's knowledge, there are no such proceedings presently pending or threatened. (h) Other than three letters dated December 28, 1993, copies of which are attached as Exhibit "E", Seller has not received written notice from (i) any governmental or public authority that the Property violates any existing fire, health, building, life/safety, handicapped persons, environmental or zoning law, or (ii) any insurance company advising Seller that conditions exist at the Proper~y which would increase premiums or violate the policy if not corrected, which conditions have not been corrected. (l) Seller has received no written notice that there is pending, nor, to the best of Seller's knowledge, is there any threatened litigation or administrative proceeding materially and adversely affecting the Property or the ownership, leasing, operation or maintenance thereof. Nor to the best of Seller's knowledge are there any facts or circumstances which could give rise to such a claim or litigation. (J) The foregoing warranties, representations and covenants and each of them, shall be true as of and shall survive the Closing and the delivery of the general warranty deed or other instruments of conveyance and shall not be merged into the general warranty deed, or other instruments of conveyance. 15. Zoninq. Other than the letter dated from the Seller's Zoning Administrator, Seller has not made any representation as to the zoning or permitted use of the Property and Purchaser assumes full responsibility for ascertaining the same. 16. Environmental. Attached hereto as Exhibit "F" is the asbestos identification report prepared by Professional Service Industries for the Seller. The Seller has no special knowledge regarding environmental matters affecting this Property. The Seller relied upon the asbestos identification report attached as Exhibit "F" and has no reason to believe such report is inaccurate. The Purchaser acknowledges that he has read and understands the contents of said report. Purchaser acknowledges that the Property contains asbestos. Purchaser covenants and agrees to be responsible for any required abatement or removal of asbestos located on the Property. 17. Condition of Property. Property is in poor condition. Property "AS IS." Purchaser acknowledges that the Purchaser agrees to accept the 18. Actions Durinq Term. During the term hereof, and provided Purchaser is not in material default hereunder, Seller shall not enter into any lease or other agreement affecting the Property or its operation or otherwise permit any change in the status of title to the Property other than the recordation of the historic easements as provided in Paragraph 9 without Purchaser's prior written consent. During the term hereof Seller shall maintain and operate the Property, enforcing all agreements in effect with respect thereto, in accordance with good business practices. During the term hereof, Purchaser and its agents, representatives and employees shall have access to the Property. Purchaser agrees to indemnify and hold harmless the Seller, its officers, agents and employees from and against any claim, loss, damage, liability, cost and expense (including, without limitation, attorney's fees) resulting from such access to the Property. 19. Default. In the event Purchaser defaults under the terms and conditions of this Agreement, the Deposit paid by the Purchaser may be retained by or for the account of Seller as liquidated damages in full settlement of any claims, whereupon Purchaser and Seller shall be relieved of all obligations under this Agreement. The parties hereto acknowledge that Seller's damages upon default would be difficult to determine with particularity and that said sum is a reasonable pre-estimation of Seller's damages. The receipt of said payment shall be Seller's sole and exclusive remedy for a breach hereunder and Seller specifically waives any right to ~eek specific performance of this Agreement. In the event Seller defaults under the terms and conditions of this Agreement, the Purchaser shall be entitled to the prompt return of the Deposit and to be reimbursed for all out-of-pocket expenses incurred after execution of this Agreement by Purchaser, including title search fees, attorney's fees, survey cost, environmental assessment cost and attorney fees to collect said out-of-pocket expenses should legal action be necessary to collect said out-of-pocket expenses, whereupon Purchaser and Seller shall be relieved of all obligation under this Agreement. The receipt of said payment and reimbursement of out-of-pocket expenses shall be Purchaser's sole and exclusive remedy for breach hereunder. 20. Notices. Ali notices provided for herein may be delivered in person, by overnight delivery by a nationally recognized company, or mailed in the United States mail postage prepaid. Any such notice shall be effective upon receipt, if hand delivered, one day after deposit with the nationally recognized overnight delivery company and, if mailed three (3) days after deposit with the U.S. Postal Service. The addresses to be used in connection with such correspondence and notices are the following, or such other address as a party shall from time to time direct: Seller: ~ith a copy to: City of Roanoke, Virginia Room 357, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Attention: Phillip F. Sparks Gladys L. Yates Assistant City Attorney Room 464, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Purchaser: Lagniappe, L.L.C. c/o Hill Studio P.O. Box 1204 Roanoke, Virginia 24006 with a copy to: Stephen W. Lemon, Esquire Martin, Hopkins & Lemon, P.C. 1000 First Union Tower 10 S. Jefferson Street Roanoke, Virginia 24011 P.O. Box 13366 Roanoke, Virginia 24033-3366. 21. Assiqnmenti Bindinq Effect. This Agreement shall inure to the benefit and be binding upon the parties hereto and their respective heirs, successors and assigns. Purchaser may not assign this Agreement without Seller's written consent. 22. Further Documentation. Each of the parties agrees to execute, acknowledge, and deliver upon demand by the other any document which such other party reasonably deems necessary or desirable to evidence or effectuate the rights herein conferred or to implement or consummate the purposes and intents hereof, so long as such imposes no different or greater burden upon such party than is imposed hereunder. 23. Headings. The headings in this Agreement are for convenience only and do not In any way limit or affect the terms and provisions hereof. 24. Survival. All terms and conditions of this Agreement shall survive closing of this transaction. 25. Time is of the essence. TIME IS OF THE VERY ESSENCE OF THIS AGREEMENT. 26. Interpretation. This Agreement shell be construed and interpreted under the substantive laws of the Commonwealth of Virginia without regard to conflicts of laws principles. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and no representations, inducements, promises or agreements oral or written, between the parties not e~bodied herein shall be of any force and effect. This Agreement may not be modified or amended except by written amendment executed by all parties with the same foL~aalit¥ as this Agreement. 28. Enforceability. If any term, covenant, or condition of this Agreement shall be deemed to be invalid, or unenforceable by a final decree or decision of a court of competent Jurisdiction, the remaining terms, covenants, and conditions hereof shall remain in full force and effect to the fullest extent permitted by law, and shall not be affected by the invalidity or unenforceability of such term, covenant, or condition and the court of competent Jurisdiction shall replace the unenforceable term, covenant or condition with a similar, but enforceable provision which most fully carries ou= the intent of the parties as evidenced by the unenforceable provision. 29. Counterparts. more counterparts which, complete Agreement. This Agreement may be signed in one or taken together, shall constitute the 30. Escrow Agent. Escrow Agent accepts this undertaking subject to these Conditions of Escrow: (a) The Deposit.may be processed for collection in the normal course of business by Escrow Agent, who may commingle funds received by it with escrow funds of others in its regular escrow account at Signet Bank/Virginia (hereinafter the "Depositor~"). Escrow Agent shall not be accountable for any incidental benefit which may be attributable to the funds so deposited. (b) Escrow Agent shall not be liable for loss or damage resulting from= any good faith act or forbearance of Escrow Agent~ (ii) any default, error, action or omission of any party, other than Escrow Agent; (iii) the expiration of any.time limit or other delay which is not solely caused by the failure of Escrow Agent to proceed in its ordinary course of business, and in no event where such time limit is not disclosed in writing to the Escrow Agent~ (iv) the lack of authenticity of any writing delivered to Escrow Agent or of any signature thereto, or the lack of authority of the signatory to sign such writlng~ (v) Escrow Agent's compliance with all attachments, writs, orders, Judgments, or other legal process issued out of any court~ (vi) Escrow Agent's assertion or failure to assert any cause of action or defense in any Judicial or administrative proceeding~ (vii) any loss or damage which arises after the Deposit has been disbursed in accordance with the terms of this Agreement. (c) Escrow Agent shall be fully indemnified by the parties hereto for all Its expenses, costs, and reasonable attorney's fees incurred In connection with any Interpleader action which Escrow Agent may file, in its sole discretion, to resolve any dispute as to the Deposit, or any part thereof; or which may be filed against the Escrow Agent. Such costs, expenses or attorney's fees, as well as the fees of Escrow Agent described below, may be deducted from the Deposit. 9 (d) If Escrow Agent is made a party to any Judicial, non-Judicial or administrative action, hearing or process based on acts of any of the other parties hereto and not on the malfeasance and/or negligence of Escrow Agent in performing its duties hereunder, the expenses, costs and reasonable attorney fees incurred by Escrow Agent in responding to such action, hearing or process may be deducted from the funds held hereunder and the party/parties whose alleged acts are a basis for such proceedings shall indemnify, save and hold Escrow Agent harmless from said expenses, costs and fees so incurred. IN WITNESS WHEREOF, the parties hereto, acting by and through their duly authorized officers, have executed this Agreement, under seal. PURCHASER: ( SELLER: CITY OF ROANOKE, VIRGINIA ATTEST: Mary F. Parker, City Clerk Date: ( SEAL ) W. Robert Herbert, City Manager ESCROW AGENT: MARTIN~HOPKINS & LEMON, P.C. By:~(SEAL) Stephen W'. (title) Approved as to form: Assistant City~ Attorney 10 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pumuant to requirements of the Virginia "Enterprise Zone Act" (Chapter 22 of the Code of Virginia, Sections 59.1-270 through 59.1-284.01) a public hearing will be held before Roanoke City Council to receive public comment regarding a proposed urban enterprise zone within the City of Roanoke. The public hearing will be held in Roanoke City Council Chambers located on the 4th floor of the Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia at 7:00 p.m. on Monday, September 11, 1995. The proposed zone will include approximately 1,900 acres and is located within census tract 6, block groups 1, 2 and 8. The proposed project generally lies within an area bounded by Route 460 east beginning at Tinker Creek, east to the Roanoke City corporate limits, northwest to Read Mountain, southeast along the Roanoke Centre for Industry property line to the Norfolk Southern North/South rail line to Mason Mill Road, then along Tinker Creek back to Route 460 east. Interested persons should contact the Roanoke City Office of Economic Development at 981-2715 for more specific information. A co~y of a map showing the proposed boundary of the zone is available for public inspection in the Roanoke City Office of Economic Development, Room 357, Municipal Building, 215 Church Avenue, S.W. in the City. Given under my hand this 29th day of August, 1995. Mary F. Parker City Clerk Please mn thc attached legal advertisement in the classified section of thc Roanoke Times on Tuesday, August 29, 1995 and Tuesday, September 5, 1995. Please send the affidavit to: Mary F. Parker, City Clerk City Clerk's Office 215 Church Avenue, Room 456 Roanoke, Virginia 24011 Please send the bill to: Office of Economic Development 215 Church Avenue, Room 357 Roanoke, Virginia 24011