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Home My WebLink AboutCouncil Actions 11-13-95BOWIES 32728 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL CITY COUNCIL CHAMBER November 13, 1995 3:00 p. trr AGENDA FOR THE COUNCIL Call to Order =- Roll Call. Vice-Mayor Edwards was absent The Invocation was delivered by The Reverend Jim D. Smith, Pastor, St. Elizabeth's Episcopal 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 conducted at the 7:00 p.m. session of City Council. PRESENTATIONS: Presentation to the Honorable Nikolai Grachyov, Mayor, Tomsk District, Siberia. Proclamation declaring November 13, 1995, as Jimmy Carter Appreciation Day. e CONSENT AGENDA (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. C-1 A communication from Mayor David A. Bowers requesting an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Vir~nia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in File #1~-110-132 Executive Session. C-2 A report of the City Manager requesting an Executive Session to discuss legal matters requiring the provision of legal advice by counsel, specifically being interp~a6on of loan documents and consideration of enforcement actions to collect a debt owed to the City, pursuant to Section 2.1-344 (A) (7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in File #2.%132 Executive Session. 2 C-3 Minutes of the meeting of the Audit Committee of Rounoke City Council held on Monday, October 23, 1995. RECOMMENDED ACTION: Receive and file. File #132-300 C-4 A report of the City Manager with regard to personnel lapse for the first quarter of fiscal year 1995-96. RECOMMENDED ACTION: Receive and file. File #184-202-299 C-5 Qualification of the following persons: Robert B. Marietta as a member of the Architectural Review Board for a term ending October 1, 1999; and File #15-110-249 William White, Sr., as a Commissioner of the Hotel Roanoke Conference Center Commission to fill the unexpired term of James G. Harvey, II, resigned, ending April 12, 1998. File #15-110-132-247-258 REGULAR AGENDA 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: Mr. Lewis O. Ferguson, 3209 Troy Avenue, N. W., requested that the City not relinquish its ownership of a portion of Prospect Road, and that the street be opened for use by the general public. The remarks were received and ~ed and the City Manager was requested to inform Mr. Ferguson with regard to any action taken by the City. File #66-67-166-514 be Ms. ~elen E. Davis, 35 Patton Avenue, N. E., intluired as to whe the C~ty has adopted a 10 - ~ ...... .' ther - . . ~,o year comprehensive traffic . clesagn. The C~ty Mana er advis .... a.nd street matter and advise ~!~ r~g-e~_ _ ~ that he would investigate the File #20-514 -.-~. ~,av,~ accordingly. 4.PETITIONS AND COMMUNICATIONS: a. A communication from Amy C. Moore, Executive Director, Habitat for Humon/ty in the Roanoke Valley, Inc., transmitting a petition requesting adoption of a Resolution/n support of the organizotion's request to obtain tax-exempt status from the General Assembly of V/rgin~a on certain real property located in the City of Roanoke. Referred ~ the City M.a~..ager for study, report and reco · to Council, and a public hea~.~n ......... mmendation --~s ,,a~ aumoo_zea to be held on Monday, December 11, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard. File #79-137-169-178 A commun/cation from Debra B. William~, Treasurer, Cr/sis Pregnancy Center of Roanoke Valley, Inc., transm/tting a petition adoption ora Resolution in support of the organization's re uestr~qouesting tax-exempt status from the General Assemb' ~ ~' · · q obtain property located in the City of Roanoke. ~y or V~ma on certain real Referred to the City Manaeer fo .... to Council_ a.,,~ o .... . s or. stony, report and recommendation ,, _ ~, --,-.- ~,~blic hearm,.g, was authorized to be held on ~v~onaay, Deeeml~er 11, 1995, at 7.00 p.m., or as soon thereafter as the matter may be heard. FHe #79-137-169 4 Co A joint communication fi-om the Commissioner of the Revenue and the City Treasurer recommending adoption of a measure amending the City Code to change the filing deadline for business licenses to March l; and a communication from the Director of Finance concurring in the recommendation. Adopted Ordinance No. 32728 on first reading, Member McCadden voted no.) File #1-34-106-322 (5-1, Council A communication from Mayor David A. Bowers recommending that the regular meeting of City Council scheduled for Tuesday, December 26, 1995, be rescheduled for Monday, December 18, 1995, at 3:00 p.m. Adopted Resolution No. 32729-111395. (6-0) File #132 0 REPORTS OF OFFICERS: a. CITY MANAGER: BRIF. FINGS: None. ITEMS RECOMMENDED FOR ACTION: A report reconin:ending execution of certain agreements relating to renovations and improvements to the Virginia Museum of Tran°'"'~aon and ' -'v,,,~,~ ; appropriation of funds in connection therewith. Adopted Budget Ordinance No. 32730-111395 and Resolution No. 32731-111395. (6-0) File 053-60-77-217-229-236 2 A report recommending execution of an agreement with Lagniappe, L.L.C., for use of Community Development Block Grant funds in 5 connection with renovation of the facades and buildings located at 120, 122 and 124 Campbell Avenue m the H-1 Historic District. Adopted Resolution No. 32732-111395. (6-0) File #2-216-236-277-450 A report recommending adoption of a measure to amend Chapter 23.1, ~, of the City Code to provide for prequalification of contractors. Tabled. File #24-497 A report recommending that Roanoke Valley Youth Soccer Club, Inc., be granted concession privileges to sell soccer related merchandise at the River's Edge Sports Complex during three soccer tournaments in 1996. Adopted Ordinance No. 32733-111395. (6-0) File #67-169-259-304 A'report recommending acceptance of the bid submitted by Homer Cox Ford to provide nine automobiles for the Po[ice Department, Emergenoy Medical Services and Sheriffs Department, at a cost of $19,543.00 per unit~ and transfer of lands in connection therewith. Adopted Budget Ordinance No. 32734-111395 and Resolution No. 32735-111395. (5-0, Mayor Bowers abstained from voting) File #5~60-121-354-361-472 A report recommending execution of a grant agreement with the United States Department of Housing and Urban Development accepting a Shelter Plus Care grant award, in the amount of $536,160.00; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 32736-111395 and Resolution No. 32737-111395. (6-0) File #60-72-178-236 A report recommending that the Conference Room in the Law Library be named in honor of the late Clayne Calhoun; and authorization for expenditure of up to $1,000.00 in City funds for purchase of an appropriate plaque and portrait. Adopted Resolution No. 32738-111395. (6-0) File #129-290-323-367 A report recommending appropriation of $24,950.00 to provide for continuation of an Eligibility Worker through the Department of Social Services to be located at the Roanoke City Health Department. Adopted Budget Ordinance No. 32739-11139~. (6-0) File #22-60-72-236 A report recommending appropriation of additional funds, in the amount of $343,925.00, awarded to the Fifth District Employment and Training Consortium. Adopted Budget Ordinance No. 32740-111395. (6.0) File #60-246 DIRECTOR OF FINANCE: A report recommending hnplementation of five year vesting for City employees, and authorization to increase the Department of Finance staffby one position, effective July 1, 1996. Adopted Ordinance No. 32741 on first readin~ (6-0) File #24-184-429 7 A report recommending appropriation of funds in order to partially address the funding requirements of the one-t/me lamp sam pension payment on July 7, 1995, for eligible members of the City of Roanoke Pension Plan. Adopted Budget Ordinance No. 32742-111395. (6-0) File #60-429 6. REPORTS OF COMMITTEES: ao A report of the bid committee recommending execution of a unit price contract with W. C. English, inc., in the amount of $1,493,056.20, and execution of Amendment No. 2 to the Engineering Services Agreement with Mattem & Craig, Inc., in the amount of $58,300.00, relating to the Walnut Avenue Bridge over Roanoke River Replacement project; and appropriation of funds in connection therewith. Council Member William White, Sr., Chairperson. Adopted Budget Ordinance No. 32743-11139S, Ordinance No. 32744- 111395 and Resolution No. 3274S-11139S. (6-0) File #27-60-183-102-40S-$14 A report of the bid committee recommending execution of a contract with Aaron J. Conner, General Contractor, Inc., in the amount of $153,851.00, for the Lick Run Sewer Replacement Project LR-3; and appropriation of funds in connection therewith. Council Member William White, Sr., Cha~on. Adopted Budget Ordinance No. 32746-11139S and Ordinance No. 32747-11139~. (6-0) File #27-60 7. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: 8 ao Ordinance No. 32704 on second reading, amending the conditions of Ordinance No. 32219-111494, permanently vacating, disconlimfing and closing that portion of Baker Avenue, N. W., between 25th Street and 30th Street, N. W., subject to certain conditions. Adopted Ordinance No. 32704-111395. (6-0) File #514 9. MOTIONS AND MISCELLANEOUS BUSINESS: 10. a. Inquiries and/or comments by the Mayor and Members of City Council. Vacancies on various authorities, boards, commissions and committees appointed by Council. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. CERTIFICATION OF EXECUTIVE SESSION. (6-0) There was discussion with regard to changing the Council meeting dates from the second and fourth Mondays to the first and third Mondays. No official action was taken. File #132 9 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL CITY COUNCIL C~BER November 13, 1995 7:00 p. nr AGENDA FOR THE COUNCIL 1. Call to Order -- Roll Call. All Present. 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~ Mayor Bowers. P.I~BLICHEARINGS: Public hearing on the request of MH&C Partnership that a parcel of land loeated on Hershberger Road, N. W., contain/nS approximately 10,720 square feet ami identified as Official Tax No. 2280802, be rezoned from C-I, Office District to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Roger D. Cnnnndny, Partner, Spokesperson. Adopted Ordinance No. 32748 on first reading~ Member White voted no.) File #51 (6-1, Council lO Public hearing on the request of Bonnie L. Young that an undeveloped section of 22nd Street, S. W., running in a northerly direction fi.om Sanford Avenue to the right-of-way ofU. S. Route 220 Expressway, be permanently vacated, discontinued and closed. Bonnie L. Young, Spokesperson. Adopted Ordinance No. 32749 on first reading. (7-0) File #514 Pubhc hearing on the request of Lance A. Copperman that a 1.042 acre tract of land located at the northerly terminus of Lanford Street, N. W., identified as Official Tax No. 2170139, be rezoned fi.om RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Edward A. Natt, Attorney. Adopted Ordinance No. 32750 on first reading. (7-0) File #51 Public hearing on the request of CSW Associates, Will, am H. Lester, Brownie Lester and Douglas S. Spadaro that a tract of land located on the northerly side of Lee Highway, west of its intersection with Aerial Way Drive, containing a total of 2.723 acres, more or less, Official Tax No. 5200107, and a portion of Official Tax No. 5200119, be rezoned fi.om C-I, Office District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Edward A. Natt, Attorney. Adopted Ordinance No. 327~1 on first reading. (6-0, Vice-Mayor Edwards abstained from voting.) File #~1 OTHER HEARINGS OF CITIZENS: None. City Clerk's Office City of Roanoke, Virginia November 20, 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. 32704-111395 Resolution No. 32729-111395 Budget Ordinance No. 32730-111395 Ordinance No. 32731-111395 Resolution No. 32732-111395 Ordinance No. 32733-111395 Budget Ordinance No. 32734-111395 Resolution No. 32735-111395 Budget Ordinance No. 32736-111395 Resolution No. 32737-111395 Resolution No. 32738-111395 Budget Ordinance No. 32739-111395 Budget Ordinance No. 32740-111395 Budget Ordinance No. 32742-111395 Budget Ordinance No. 32743-111395 Ordinance No. 32744-111395 Resolution No. 32745-111395 Budget Ordinance No. 32746-111395 Ordinance No. 32747-111395 W. Robert Herbert November 20, 1995 Page 2 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia November 20, 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: Resolution No. 32729-111395 Budget Ordinance No. 32730-111395 Ordinance No. 32731-111395 Resolution No. 32732-111395 Ordinance No. 32733-111395 Budget Ordinance No. 32734-111395 Resolution No. 32735-111395 Budget Ordinance No. 32736-111395 Resolution No. 32737-111395 Resolution No. 32738-111395 Budget Ordinance No. 32739-111395 Budget Ordinance No. 32740-111395 Budget Ordinance No. 32742-111395 Budget Ordinance No. 32743-111395 Ordinance No. 32744-111395 Resolution No. 32745-111395 Budget Ordinance No. 32746-111395 Ordinance No. 32747-111395 James D. Grisso November 20, 1995 Page 2 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia November 20, 1995 Wilburn 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. Ordinance No. Resolution No. Ordinance No. Resolution No. Resolution No. 32704-111395 32729-111395 32731-111395 32732-111395 32733-111395 32735-111395 32737-111395 Resolution No. 32738-111395 Ordinance No. 32744-111395 Resolution No. 32745-111395 Ordinance No. 32747-111395 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia November 20, 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: Resolution No. 32729-111395 Budget Ordinance No. 32730-111395 Ordinance No. 32731-111395 Resolution No. 32732-111395 Ordinance No. 32733-111395 Budget Ordinance No. 32734-111395 Resolution No. 32735-111395 Budget Ordinance No. 32736-111395 Resolution No. 32737-111395 Budget Ordinance No. 32739-111395 Budget Ordinance No. 32740-111395 Budget Ordinance No. 32742-111395 Budget Ordinance No. 32743-111395 Ordinance No. 32744-111395 Resolution No. 32745-111395 Budget Ordinance No. 32746-111395 Ordinance No. 32747-111395 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia November 20, 1995 Glenn D. Radcliffe, Director Human Resources Roanoke, Virginia Dear Mr. Radcliffe: I am attaching copy of the following measures that pertain to your directorate: Resolution No. 32729-111395 Budget Ordinance No. 32736-111395 Resolution No. 32737-111395 Resolution No. 32738-111395 Budget Ordinance No. 32739-111395 Budget Ordinance No. 32740-111395 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. If you have questions, please do not hesitate to cell me. Sincerely, .~~ Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia November 20, 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: Resolution No. 32729-111395 Budget Ordinance No. 32734-111395 Resolution No. 32735-111395 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia November 20, 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. 32704-111395 Resolution No. 32729-111395 Ordinance No. 32733-111395 Budget Ordinance No. 32743-111395 Ordinance No. 32744-111395 Resolution No. 32745-111395 Budget Ordinance No. 32746-111395 Ordinance No. 32747-111395 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary . CMC/,~,E City Clerk MFP:sm Enc. City Clerk's City of Roanoke, Virginia November 20, 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. 32704-111395 Resolution No. 32729-111395 Budget Ordinance No. 32734-111395 Resolution No. 32735-111395 Budget Ordinance No. 32743-111395 Ordinance No. 32744-111395 Resolution No. 32745-111395 Budget Ordinance No. 32746-111395 Ordinance No. 32747-111395 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc, City Clerk's Office City of Roanoke, Virginia November 20, 1995 D. Darwin Roupe, Manager Supply Management Roanoke, Virginia Dear Mr. Roupe: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 32734-111395 Resolution No. 32735-111395 Budget Ordinance No. 32743-111395 Ordinance No. 32744-111395 Resolution No. 32745-111395 Budget Ordinance No. 32746-111395 Ordinance No. 32747-111395 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia November 20, 1995 Charles M. Huffine City Engineer Roanoke, Virginia Dear Mr. Huffine: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32704-111395 Budget Ordinance No. 32743-111395 Ordinance No. 32744-111395 Resolution No. 32745-111395 Budget Ordinance No. 32746-111395 Ordinance No. 32747-111395 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia November 20, 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. 32743-111395 Ordinance No. 32744-111395 Resolution No. 32745-111395 Budget Ordinance No. 32746-111395 Ordinance No. 32747-111395 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, V~rginia November 20, 1995 The Honorable W. Alvin Hudson Sheriff Roanoke, Virginia Dear Sheriff Hudson: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 32734-111395 Resolution No. 32735-111395 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia November 20, 1995 M. David Hooper, Chief Police Department Roanoke, Virginia Dear Mr. Hooper: I am attaching copy of the following measures that pertain to'your department: Budget Ordinance No. 32734-111395 Resolution No. 32735-111395 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia November 20, 1995 Beverly A. James City Librarian Roanoke, Virginia Dear Ms. James: I am attaching copy of the following measure that pertains to your department: Resolution No. 32738-111395 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia November 20, 1995 Phillip F. Sparks Acting Chief Economic Development Roanoke, Virginia Dear Mr. Sparks I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 32730-111395 Ordinance No. 32731-111395 Resolution No. 32732-111395 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia November 20, 1995 John R. Marlles, Chief Planning and Community Development Roanoke, Virginia Dear Mr. Marlles: I am attaching copy of the following measure that pertains to your department: Resolution No. 32732-111395 The abovereferencad measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia November 20, 1995 Lori S. Spencer Grants Monitor Grants Compliance Roanoke, Virginia Dear Ms. Spencer: I am attaching copy of the following measures that pertain to your department: Resolution No. 32732-111395 Budget Ordinance No. 32736-111395 Resolution No. 32737-111395 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia November 20, 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: Ordinance No. 32733-111395 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia November 20, 1995 Deborah J. Moses, Chief Billings and Collections Roanoke, Virginia Dear Ms. Moses: I am attaching copy of the following measure that pertains to your department: Resolution No. 32732-111395 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia November 20, 1995 James Grigsby Chief of Fire and Emergency Medical Services Roanoke, Virginia Dear Mr. Grigsby: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 32734-111395 Resolution No. 32735-111395 The abovereferencad measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc: City Clerk's Office City of Roanoke, Virginia November 20, 1995 James A. McClung, Manager Fleet and Solid Waste Management Roanoke, Virginia Dear Mr. McClung: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 32734-111395 Resolution No. 32735-111395 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia November 20, 1995 Donna S. Norvelle Human Development Coordinator Roanoke, Virginia Dear Ms. Norvelle: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 32736-111395 Resolution No. 32737-111395 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia November 20, 1995 Corinne B. Gott, Manager Social Services Roanoke, Virginia Dear Ms. Gott: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 32736-111395 Resolution No. 32737-111395 Budget Ordinance No. 32739-111395 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia November 20, 1995 Vickie L. Price Administrator Fifth District Employment and Training Consortium Roanoke, Virginia Dear Ms. Price: I am attaching copy of the following measure that pertains to your department: Budget Ordinance No. 32740-111395 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia November 20, 1995 Doris B. Peters Retirement Administrator Roanoke, Virginia Dear Ms. Peters: I am attaching copy of the following measure that pertains to the Finance Department: Budget Ordinance No. 32742-111395 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. If you have questions, please do not hesitate to call me. MFP:sm Sincerely, Mary F. Parker, CMC/AAE City Clerk Enc. Office of the Mayor CITY OF ROANOKE Given under our hande and the Seal of the City of Roanoke this thirteenth day of November nineteen hundred and ninety-five. WHEREAS, James R. "Jimmy" Carter has been employed as an operator with the Greater Roanoke Transit Company since November 13, 1974; WII£gEAS, Mr. Carter has driven in excess of 400,000 miles, without a preventable accident, in service to the citizens of the Roanoke Valley; and Mr. Carter's exemplary safety record and driving ability has qualified him to represent the Greater Roanoke Transit Company on numerous occasions in the Commonwealth of Virginia Roadeo Competition and in the Amertcan Public Transit Association's International Roadeo Competition; and Mr. Carter also competed in both of the 1995 Roadeo Competitions, again finishing first in the Commonwealth of Virginia Competition and second in the International Competition; and the Board of Directors of the Greater Roanoke Transit Company wish to recognize Mr. Carter for his outstanding service to, and representation of, the Greater Roanoke Transit Company and the citizens of the Roanoke Valley. NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke, Virginia, call upon all citizens to recognize and congratulate Mr. Carter for his outstanding accomplishments, and do hereby proclaim November 13, 1995, throughout the City of Roanoke, as JAMES R. "JIMMY" CARTER APPRECIATION DAY. ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011 - 1594 Telephone: (703) 981-2444 November 13, 1995 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: I wish to request an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. Sincerely, David A. Bowers Mayor DAB:sm November 13, 1995 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: This is to request that City Council convene in Executive Session to discuss legal matters requiring the provision of legal advice by counsel, specifically being interpretation of loan documents and consideration of enforcement actions to collect a debt owed to the City, pursuant to §2.1-344(A)(7), Code of Virginia (1950), as amended. Respectfully submitted, WRH:cf W. Robert Herbert City Manager cc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Mary F. Parker, City Clerk MINUTES OF THE AUDIT COMMITTEE OF ROANOKE CITY COUNCIL october 23, 1995 1. Call to order: The meeting of the Roanoke city Audit Committee was called to order at 2:15 p.m. on October 23, 1995, with Chairman, William White, Sr., presiding. The roll was called by Mrs. Barger Audit Committee Members Present: William White, Sr., Chairman Mayor David A. Bowers John S. Edwards Delvis O. "Mac" McCadden Others Present: Robert H. Bird, Municipal Auditor W. Robert Herbert, City Manager James D. Ritchie, Assistant city Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Marsha C. Fielder, Commissioner of the Revenue Kit B. Kiser, Director/Utilities & Operations Glenn D. Radcliffe, Director/Human Development Kenneth F. Mundy, Controller School Board Robert L. White, Purchasing officer Diane S. Akers, Budget Administrator Thomas F. Baldwin, Assistant Municipal Auditor Evelyn W. Barger, Administrative Assistant Denise E. Stewart, Senior Auditor Judy M. Taylor, Auditor John S. Aldridge, Auditor EXTERNAL AUDITS: A. citizens' Services Committee The motion was made by Mr. McCadden and seconded by Vice Mayor Edwards to receive and file the Citizens' Services Committee audit report. The motion was approved unanimously. There were no questions or comments. B. School Activity Funds June 30, 1995 The motion was made by Vice Mayor Edwards and seconded by Mr. McCadden to receive and file the School Activity Funds audit report for June 30, 1995. The motion was approved unanimously. The chair recognized Mr. Mundy, the School Board Controller. There were no questions or comments. Minutes Audit committee Meeting Page 2 INTERNAL AUDITS A. Substantive Testing= Expenditure Transactions Termination Procedures Zoning Information Warehouse Records Management B. Audit Findings Follow-Up June 30, 1995 The motion was made by Vice Mayor Edwards and seconded by Mayor Bowers to receive and file the above internal audit reports. The motion was approved unanimously. Mr. White recognized Mr. Bird who asked each of the in- charge auditors to summarize their reports. Mr. Aldridge briefed the Committee on the Expenditure Transaction audit report. Mr. McCadden asked if there were any transactions processed after the due date and if the City had to pay any penalties or lose any discounts for not paying on time. Mr. Aldridge said that there were transactions paid late and that there were some instances where the discounts were not taken. Mr. Grisso said that before the transactions could be processed, they had to be properly authorized by the departments who incurred the expense and then forwarded to Finance for payment. Mr. Aldridge briefed the Committee on the Termination Procedures audit report. Mr. McCadden asked if locks are changed when an employee turns in their keys upon termination. Mr. Herbert said not in all cases because of the expense involved. However, if there is reason to believe that the locks should be changed they are. Mr. Bird added that the City's key blank is unusual and most locksmiths would not duplicate a City key. Mayor Bowers asked if the City employed a locksmith and was told yes. Mr. Aldridge briefed the Committee on the Zoning Information audit report. Mr. Herbert indicated that the City is moving towards a system that will provide a single source for Zoning and property related data. Ms. Taylor briefed the Committee on the Warehouse audit report. She concluded by indicating that the City Manager has suggested that the Warehouse operation will receive additional study. Mr. McCadden asked who is included in the study of the Warehouse. Mr. Herbert said OMB would be heading up the study. Mr. Bird added that Audit, Warehouse, major users of the Warehouse, and Finance would participate in the study. Mr. McCadden said he thinks the Audit department should have a continuing role in this study. Hinutes &udit Committee Meeting Paqe 3 Mr. Bird briefed the Committee on the Records Management audit report. Mr. Ritchie reported that management is working in cooperation with the Audit department to improve the Records Management program. There were no questions. Mr. Bird briefed the Committee on the Audit Findings Follow-Up for June 30, 1995. He reported that all management planned actions were either completed or had significant progress made. 4e UNFINISHED BUSINESS: Mr. Bird briefed the Committee on the Local Government Survey on Payroll Time Reporting. He concluded that the City seems to be consistent with other localities. 5. NEW BUSINESS: None. ADJOURNMENT: There being no further business, 2:45 p.m. the meeting adjourned at William White, Sr., Chairman Honorable Mayor and Members 6f City CoUncil Roanoke, Virginia November 13, 1995 Dear Mayor Bowers and Members of City Council: Subject: Personnel Lapse for the First Quarter of Fiscal Year 1995-96 Personnel lapse is generated due to employee turnover and vacancies in City departments. For the current fiscal year, salary savings of $785,000 are projected as a result of these vacancies. The following figures represent the status of Personnel Lapse for Fiscal Year 1995-96 as of September 30, 1995: General Fund: Total Budgeted Personnel Lapse ($785,000) First Quarter Personnel Lapse Generated July $ 82,601 August 80,161 September 102,001 Less Revenue Adjustment $264.763 (22,056) Net First Quarter Reduction $242.707 Personnel Lapse Balance Remaining after First Quarter The status of lapse is now being reported to City Council as a Consent Agenda item. A fourth quarter report will provide a budget ordinance that encompasses all quarters, eliminates the budgeted lapse amount and adjusts affected departmental operating budgets. Please let me know if you have any questions. Respectfully Submitted, W. Robert Herbert City Manager WRH:abh CC: James D. Grisso, Director of Finance Wilburn C. Dibling, Jr., City Attorney Diane S. Akers, Budget Administrator Directors MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.~V, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3~.45 SANDRA H. EAKIN Deputy City Clerk November 20, 1995 File #15-110-249 W. L. Whitwell, Chairperson Architectural Review Board 1255 Keffield Street, N. W. Roanoke, Virginia 24019 Dear Mr. Whitwell: This is to advise you that on October 30, 1995, Robert B. Manetta qualified as a member of the Architectural Review Board for a term ending October 1, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Evelyn S. Lander, Secretary, Architectural Review Board Sandra H. Eakin, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, ROBERT B. MANETTA, 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 Architectural Review Board for a term ending October 1, 1999, according to the best of my ability. So help me God. Subscribed and sworn to before me this ~0 day of .0~0~ ~ 1995. ARTHUR B. CRUSH, III, CLERK MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.V~, Room 456 Roanoke. Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 20, 1995 File #15-110-132-247-258 Dr. Raymond D. Smoot, Jr., Secretary Hotel Roanoke Conference Center Commission Virginia Tech 312 Burruss Hall Blacksburg, Virginia 24061-0142 Dear Dr. Smoot: This is to advise you that on November 1, 1995, William White, Sr., qualified as a Commissioner of the Hotel Roanoke Conference Center Commission to fill the unexpired term of James G. Harvey, II, resigned, ending April 12, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Brian J. Wishneff, Director, Hotel Roanoke Conference Center Commission, 110 Shenandoah Avenue, Roanoke, Virginia 24011 Sandra H. Eakin, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, WILLIAM WHITE, SR., 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 C~. mmissioner of the Hotel Roanoke Conference Center Corn · · .t_he. un.exp, lre. d term of James G. Harvey, II, resianed e.,-'.--- ~--~, -...~.m_l_ss,on to. fill [o [ne pest or my ability. So help me God. - ' Ilill'w ~l~ld~"~ lZ, ]lW[, accoraing Subscribed and sworn to before me this day of ~0~1995. ARTHUR B. CRUSH, III, CLERK , B~elml~t1'Y CLERK MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 20, 1995 File gC:)6-67-166-514 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke on Monday, November 13, 1995, Mr. Lewis O. Ferguson, 3209 Troy Avenue, N. W., requested that the City not relinquish its ownership of a certain portion of Prospect Road, and that the road be opened for use by the general public. The remarks were received and filed and you were requested to inform Mr. Ferguson with regard to further action taken by the City. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Mr. Lewis O. Ferguson, 3209 Troy Avenue, N. W., Roanoke, Virginia 24012 William F. Clark, Director, Public Works John W. Coates, Manager, Parks and Recreation/Grounds Maintenance MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Depuw City Clerk November 20, 1995 File #20-514 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke on Monday, November 13, 1995, Ms. Helen E. Davis, 35 Patton Avenue, N E., inquired as to whether the City has adopted a 10 - 20 year comprehensive traffic and street design. The inquiry was referred to you for appropriate response. Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Ms. Helen E. Davis, 35 Patton Avenue, N. E., Roanoke, Virginia 24016 William F. Clark, Director, Public Works CITY OF ROANOKE INTERDEPARTMENT COMMUNICATION DATE: TO: FROM: SUBJECT: December 6, 1995 M. Michelle Bono, Public Information Officer William F. Clark, Director of Public Works ~ Item for City Manager's Status Report On Monday, November 13, 1995, Ms. Helen E. Davis, 35 Patton Avenue, N. E., appeared before Council and inquired as to whether the city has adopted a 10-20 year comprehensive traffic and street design plan. On Monday, December 4, 1995, City Traffic Engineer, Bob Bengtson, and Public Works Director, Bill Clark, met with Ms. Davis and Ms. Evelyn Bethel at the Gainsboro Branch Library. For about an hour the group discussed the city's long-range thoroughfare plan which is a part of the city's comprehensive plan, and the current VDOT six-year plan which includes those projects currently programmed for design and construction. Ms. Davis and Ms. Bethel seemed to appreciate the information which they were presented and appeared to have a better understanding of the way city transportation improvements are planned and scheduled. pr cc: ~ary F. Parker, City Clerk MARY E PARKER, C34C/AAE City Clerk CITY OF ROANOKF OFFICE OF THE CITY CLERK 215 Church Avenue, S.V~, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 20, 1995 File #79-137-169-178 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of a communication from Amy C. Moore, Executive Director, Habitat for Humanity in the Roanoke Valley, Inc., transmitting a petition requesting adoption of a measure in support of the organization's request to obtain tax-exempt status from the General Assembly of Virginia on certain real property located in the City of Roanoke, which communication was before the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. On motion, duly seconded and adopted, the petition was referred to you for study, report and recommendation to Council, and a public hearing was authorized to be held on Monday, December 11, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard. MFP:sm Sincerely, Mary F. Parker, CMC/AAE City Clerk Enc. W. Robert Herbert November 20, 1995 Page 2 pc: Amy C. Moore, Executive Director, Habitat for Humanity in the Roanoke Valley, Inc., 541 Luck Avenue, S. W., Suite 310, Roanoke, Virginia 24016 Wilbum C. Dibling, Jr., City Attorney MARSHA COMPTON FIELDER Commissioner of the Revenue CITY OF ROANOKE COMMISSIONER OF THE REVENUE 215 Church Avenue, S.W., Room 251 Roanoke, Virginia 24011 Telephone: (703) 981-2521 Fax: (703) 224-3115 November 8, 1995 Mr. David A. Camper Habitat for Humanity in the Roanoke Valley 541 Luck Ave Suite 310 Roanoke, Va. 24016 RE: 1701 Cleveland Ave SW Tax Map Number 1320804 Dear Mr. Camper: This is to inform you I will place the above parcel on the City of Roanoke Real Estate Tax Service Charge Roll effective with the 1996-97 fiscal year be~nning July 1, 1996. This action presumes the General Assembly grants an exemption for the Habitat for Humanity in the Roanoke Valley. This property must be used exclusively for non-profit and charitable purposes. If you have further questions, please call me. Sincerely, Marsha C. Fielder Commissioner of the Revenue cc: Mary F. Parker City Clerk HABITAT FOR HUMANITY IN THE ROANOKE VALLEY Jefferson Center 541 Luck Ave., Suite 310 Roanoke, VA 24016 (540) 344-0747 November 8, 1995 building houses in partnership with God's people in need Ms. Mary F. Parker, CMC/AAE City Clerk City of Roanoke Office of the City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-2541 Dear Ms. Parker: The property referred to in the attached Petition is located at 1701 Cleveland Avenue, S. W., Roanoke, Virginia; Tax//1320804. This property is being given to Habitat for Humanity by Deed of Gift. We expect to record this Deed by January 1, 1996, which is the date that we plan to occupy the building on this real estate. We are advised by the City Attorney's office that this is in compliance with Ordinance No. 30884-021892 of the City Council which requires that your office be given 45 days notice prior to an organization's entering into any contract for the purchase of real property for which it intends to seek tax-exempt designation. Thank you for your patience and assistance with this matter. Should you have any questions or need additional information, please contact me at the Habitat office. Sincerely, Amy C. Moore Executive Director VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR A RESOLUTION SUPPORTING THE EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 6 (a)(6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: 1. Your Petitioner, Habitat for Humanity in the Roanoke Valley, Inc., 541 Luck Avenue, Suite 310; Roanoke, Virginia 24016, a Virginia, non-stock, not for profit corporation has been offered a gift of certain real property located at 1701 Cleveland Avenue, S. W. in the City of Roanoke, Virginia, which property is City of Roanoke Tax #1320804. 2. Your Petitioner desires to be an organization designated by a section within Article 4, Section 58.1-3650 et seq. of the 1950 Code of Virginia, as amended, in order that the referenced real estate, to be used exclusively for charitable and benevolent purposes in responding to the housing needs of low income working families, be exempt from taxation under the provisions of Article X, Section 6 (a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which your Petitioner is classified. 3. Your Petitioner agrees to pay to the City of Roanoke an annual service charge in an amount equal to twenty pement (20%) of the City of Roanoke tax levy, which would be applicable to this real estate, were our organization not be tax exempt, for so long as this tax exemption continues. 4. Your Petitioner respectfully requests that the Council of the City of Roanoke adopt a resolution in accordance with the requirements of Section 30-~9.04 (B) of the 1950 Code of Virginia, as amended, after holding a public hearing with respect thereto where citizens shall have an opportunity to be heard in order that legislation involving the designation of property to be exempted from taxation pursuant to Article X, Section 6 (a)(6) of the Constitution of Virginia may be presented to the General Assembly of Virginia. In Compliance with Section 30-19.04 (B) the follo)ving questions are submitted for consideration: Whether the organization is exempt from taxation pursuant to Section 501 (c)(3) of the Internal Revenue Code of 1954. (A) Your Petitioner is exempt from taxation pursuant to Section 501 (c)(3) of the Internal Revenue Code of 1954. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for such use on such property. (A) No alcoholic beverage license has been or will be requested or issued for use on the referenced property. Whether any director or officer of the organization has been paid compensation in excess of reasonable allowances for salaries or other compensation for personal services which such director or officer actually renders. (A) No officers or directors of your Petitioner are paid compensation in excess of reasonable allowances for salaries or other compensation for personal services actually rendered. Your Petitioner has two salaried employees neither of whom is an officer of director. Whether any part of the net earnings of such organization inures to the benefit of any individual and whether any significant portion of the services provided by such organization is generated by funds received by donations, contributions or local, state or federal grants. As used in this subsection donations shall include the providing of personal services or the contribution of in kind or other material services. 2 No part of the net earnings of your Petitioner inures to the benefit of any individual and only a modest portion of the service provided by your Petitioner is generated by local, state or federal grants. Your Petitioner provides services primarily through the generation of donations and contributions. 5. Whether the organization provides services for the common good of the public. (A) Your Petitioner provides services for the common good of the public in as much as it provides moderately priced housing for low income working families. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting, to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. (A) Your Petitioner is not involved in propaganda, influencing legislation or any political campaign on behalf of any candidate for public office. No rule, regulation, policy or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. (A) No rule, regulation, policy or practice of your Petitioner discriminates on the basis of religious conviction, race, color, sex or national origin. 8. The revenue impact to the locality ~nd its taxpayers of exempting the property. (A) No significant impact is anticipated as a result of the exemption, indeed the homes we build will be on the tax roles of the City of Roanoke and this will enhance the tax revenue of the City of Roanoke. 9. Any other criteria, facts and circumstances which the governing body deems pertinent to the adoption of such resolution. (A) Your Petitioner provides housing for low income working families; such housing is provided for a moderate price which is financed over a twenty year period without interest. Note: A copy of this Petition is being delivered this day to the City Manager of the City of Roanoke, Virginia. 3 WHEREFORE, your Petitioner, Habitat for Humanity in the Roanoke Valley, Inc., respectfully requests to the Council of the City of Roanoke (1) that a resolution be adopted pursuant to Section 30-19.04 of the Code of Virginia stating the provisions of subsection B of that Code section have been examined and considered in conjunction with this petition seeking the designation of property to be exempted from taxation pursuant to Article X, Section 6 (a)(6) of the Constitution of Virginia at a public hearing at which citizens have had an oppo .rmnity to be heard and (2) that a recommendation be made to the General Assembly of Virginia that this real property of your Petitioner be designated by a Section within Article IV, Section 58.1-3650 et seq. exempting this real property of your Petitioner from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of providing housing for low income working families. Respectfully Submitted this 8th day of November, 1995 HABITAT FOR HUMANITY IN THE ROANOKE VALLEY, INC. President 4 MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 20, 1995 File #79-137-169 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of a communication from Debra B. Williams, Treasurer, Crisis Pregnancy Center of Roanoke Valley, Inc., transmitting a petition requesting adoption of a measure in support of the organization's request to obtain tax-exempt status from the General Assembly of Virginia on certain real property located in the City of Roanoke, which communication was before the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. On motion, duly seconded and adopted, the matter was referred to you for study, report and recommendation to Council, and a public hearing was authorized to be held on Monday, December 11, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard. MFP:sm Sincerely, Mary F. Parker, CMC/AAE City Clerk Eno, W. Robert Herbert November 20, 1995 Page 2 pc: Debra B. Williams, Treasurer, Crisis Pregnancy Center of Roanoke Valley, Inc., 3725 Sunrise Avenue, N. W., Roanoke, Virginia 24012-3325 Wilbum C. Dibling, Jr., City Attorney DEBRA B. WILLIAMS, CPA 3725 SUI~RISE AVE. ROANOKE, VA '~012-33~5 (540)-366-5061 October 6, 1995 W. Robert Herbert City of Roanoke, City Manager 215 Church Ave., SW, Room 364 Roanoke, VA 24011 RE: Enclosed Application for Real Estate Tax Exempt]on for the Crisis Pregnancy Center of Roanoke Valley, Inc. Dear Mr. Herbert, Please find enclosed the application for real estate tax exemption for the Crisis Pregnancy Center of Roanoke Valley, Inc. The application was prepared for the Crisis Pregnancy Center by Diane Wilcox at Woods Rogers & Hazelgrove, 10 S. Jefferson St., First Union Tower, Roanoke, VA 2401.1 based on information that I as treasurer of the organization provided to her. Please feel free to contact Ms. Wilcox at 985-7500, myself at 366-5061, or Mrs. Ruth Fielder the executive director of the Center at 362-3007 for any questions you may have concerning the application. The mailing address for the Center is P O. Box 3225, Roanoke, VA 24032-3225 I would appreciate hearing frem you as soon as you know the date of the pubilc hearing and tile council meeting when our applicatlon will be considered. Sincerely, Debra B. Williams, CPA Treasurer VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR A RESOLUTION SUPPORTING THE EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 6 (a) (6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: 1. Your Petitioner, Crisis Pregnancy Center of Roanoke Valley, Inc., a Virginia non-stock, not-for-profit corporation, is the owner of certain real property located at 5034 Williamson Road, N.W., in the City of Roanoke, Virginia, which property is more particularly described on Exhibit A attached hereto. 2. Your Petitioner desires to be an organization designated by a section within Article 4, Chapter 36 of Title 58.1 of the Code of Virginia, 1950, as amended, in order that the referenced real property and the personal property housed on such real property and used exclusively for charitable and benevolent purposes in responding to the needs of women and their loved ones regarding crisis pregnancies, sexuality and post-abortion issues be exempt from taxation under the provisions of Article X, Section 6 (a) (6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which your Petitioner is classified. 3. Your Petitioner respectfully requests that the Council of the City of Roanoke adopt a resolution in accordance with the requirements of ~30-19.04.B of the Code of Virginia, 1950, as amended, after holding a public hearing with respect thereto M#295081 where citizens shall have an opportunity to be heard in order that legislation involving the designation of property to be exempted from taxation pursuant to Article X, Section 6(a) (6) the Constitution of Virginia may be presented to the General Assembly of Virginia. of In compliance with §30-19.04.B the following questions are submitted for consideration: 2 o o Whether the organization is exempt from taxation pursuant to §501(c) of the Internal Revenue Code. (A) Your Petitioner is exempt from taxation pursuant to § 501(c) of the Internal Revenue Code. A copy of the exemption determination letter from the Internal Revenue Service is attached as Exhibit B. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for such use on such property. (A) No alcoholic beverage license has been or will be requested or issued for use on the referenced property. Whether any director or officer of the organization has been paid compensation in excess of reasonable allowances for salaries or other compensation for personal services which such director or officer actually renders. 4 o M#295081 (A) No officers or directors of your Petitioner are paid compensation in excess of reasonable allowances for salaries or other compensation for personal services actually rendered. Only one director and officer of the Petitioner receives any compensation. The president and the executive director of your Petitioner, Ruth Fielder, works in excess of 40 hours per week and will receive an annual salary of $35,100 for 1995. That salary is comparable to salaries paid to executive directors of other nonprofit agencies of similar size. Whether any part of the net earnings of such organization inures to the benefit of any individual and whether any significant portion of the services provided by such organization is generated by funds received by donations, contributions or local, state or 2 federal grants. As used in this subsection donation shall include the providing of personal services or the contribution of in kind or other material services. (A) No part of the net earnings of your Petitioner inures to the benefit of any individual and no significant portion of the service provided by your Petitioner is generated by local, state or federal grants. Your Petitioner provides services primarily through donations and contributions from individuals, churches and businesses. Whether the organization provides services for the common good of the public. (A) Your petitioner provides services for the common good of the public in as much as it provides the following free services to women experiencing crisis pregnancies: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (12) A crisis helpline, Pregnancy testing, Education on pregnancy, abortion, adoption and parenting, Assistance in decision-making process Childbirth classes, Used maternity and baby clothing, Used baby furniture, Ongoing counseling and friendship, Referrals for other needed services (including medical and legal services), Post-abortion help, and Sexuality and abstinence counseling. Group presentations promoting premarital sexual abstinence Attached hereto as Exhibit C is a brochure describing the services provided by your Petitioner. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. 7 o (A) Your Petitioner is not involved in propaganda, influencing legislation or any political campaign on behalf of any candidate for public office. No rule, regulation, policy or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. 8 o 9 o (A) No rule, regulation, policy or practice of your Petitioner discriminates on the basis of religious conviction, race, color, sex or national origin. See Statement of Policy attached as Exhibit D. The revenue impact to the locality and its taxpayers of exempting the property. (A) No significant impact is anticipated as a result of the exemption. Any other criteria, facts and circumstances which the governing body deems pertinent to the adoption of such resolution. (A) Your Petitioner is a locally organized, governed and funded entity which brings together the resources of the local community, its churches and businesses to alleviate some of the problems facing pregnant women. Concerned community leaders make up an advisory board which acts as a consultant for the operation of your Petitioner. W~{EREFORE, your Petitioner, Crisis Pregnancy Center of Roanoke Valley, Inc., respectfully requests to the Council of the City of Roanoke (1) that a resolution be adopted pursuant to ~30- 19.04 of the Code of Virginia, 1950, as amended, stating the provisions of subsection B of that Code section have been examined and considered in conjunction with this petition seeking the designation of property to be exempted from taxation pursuant to Article X, Section 6 (a) (6) of the Constitution of Virginia at a public hearing at which citizens have had an opportunity to be heard and (2) that a recommendation be made to the General Assembly of Virginia that the real and personal property of your Petitioner be designated by a section within Article 4, Chapter 36 of Title 58.1 of the Code of Virginia, 1950, as amended, exempting the real and personal property of your Petitioner from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of M#295081 4 providing for the needs of women and their loved ones regarding crisis pregnancies, sexuality and post-abortion issues. Respectfully Submitted, CRISIS PREGNANCY CENTER OF ROANOKE VALLEY, INC. M#295081 5 LINE BEARING DISTANCE 2-3 S 14°52'52'E 58,86' 5-6 S 85°09'37'W 10.77' PAVED '.. AREA ] ~ ..... ... NOTES: ~ PROPERTY INSPECTED 4-13-95, 'Po & IMPROVEMENTS MEASURED. BOUNDARY SHOWN HEREON BASED ON SURVEY PREFORMED 9-22-94, EXHIBIT "A" LOCATION MAP 'P~-x~. S lIE / CROSS ROADS MALL I ,L N ,. / ¸ 26 · AREA TOTAL ACREAGE FOR LOTS 1&2&3 IS .568 ACRES THIS TRACT IS SHOWN AS BEING ENTIRELY WITHIN ZONE C ON F.E.M.A. MAPS WHICH ZONE IS NOT WITHIN THE I00 YEAR FLOOD PLAIN. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT BY AN ATTORNEY AND THEREFORE MAY NOT NECESSARILY INDICATE ALL ENCUMBRANCES UPON THE PROPERTY. PLAT OF LOT'S I, 2 & 3. BLOCK 7 'AIRLEE cOURT' 'PB 2 PG 66 TAX 1D~2190518. 2190519 & 2190520 DB i727 PG 1103 FOR CRISIS PREGNANCY CENTER 5034 WILLIAMSON ROAD CITY ROANOKE-VIRGINIA SCALE 1'-50' APRIL 17. 1995 CHARLES R. MCMURRY-CERTIFIED LAND SURVEYOR DALEVILLE. VIRGINIA 24083-0097 IN THE COUNCIL OF THE CITY OF ROANOKE, The 13th day of November, 1995. No. 32729-111395. VIRGINIA, A RESOLUTION providing that the regular meeting of City Council scheduled to be held at 3:00 p.m., on Tuesday, December 26, 1995, shall be held at 3:00 p.m. on Monday, December 18, 1995. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The meeting of City Council regularly scheduled to be held at 3:00 p.m. on Tuesday, December 26, 1995, is hereby rescheduled to be held on Monday, December 18, 1995, at 3:00 p.m., such meeting to be in the Council Chambers of the Municipal- Building, 215 Church Avenue, S. W. 2. The City Clerk is hereby authorized to take whatever steps: are deemed necessary to notify the public of the rescheduling of such meeting. ATTEST: City Clerk. DAVID A. BOWERS Mayo~ CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011 - 1594 Telephone: (703) 981-2~ November 7, 1995 The Honorable Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: I would like to propose that the Members of Council consider changing the date of the regular meeting of the Roanoke City Council from Tuesday, December 26 to Monday, December 18, 1995, at 3:00 p.m., in view of the Christmas holiday season. If you concur in the above suggestion, I have requested that the City Attorney prepare the proper' measure for consideration by Council on Monday, November 13. Best personal regards. Sincerely, David A. Bowers Mayor DAB:sm CITY OF ROANOKE MEMORANDUM Date:: To: October 24, 1995 Wilbum C. Dibling, Jr., City Attorney Mary F. Parker, City Clerk Please prepare the proper measure for consideration by Council changing the date of the regular meeting of the Roanoke City Council from December 26 at 3:00 p.m., to December 18 at 3:00 p.m. Your assistance will be appreciated. MFP:~m 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 20, 1995 File #53-77-217-229-236 M. Scott Hollis Urban Engineer Virginia Department of Transportation 1401 E. Broad Street Richmond, Virginia 23219 Katherine F. Houck Executive Director Virginia Museum of Transportation 303 Norfolk Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Hollis and Ms. Houck: I am enclosing copy of Resolution No. 32731-111395 authorizing the City Manager to enter into a contract with the Virginia Department of Transportation for development and administration of Phase I of renovations and construction improvements to the Virginia Museum of Transportation, 'and committing the City to be responsible for a minimum of twenty percent of the cost of Phase I; end to enter into a contract with the Virginia Museum of Transportation upon certain terms and conditions. Resolution No. 32731-111395 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1995. No. 32731-111395. A RESOLUTION authorizing the City Manager to enter into a contract with the Virginia Department of Transportation for development and administration of Phase I of the renovations and construction improvements to the Virginia Museum of Transportation, and committing the City to be responsible for a minimum of twenty percent (20%) of the cost of Phase I; and to enter into a contract with the Virginia Museum of Transportation upon certain terms and conditions. BE IT RESOLVED by the Council of 1. hereby attest, the City of Roanoke that: The City Manager or his designee and the City Clerk are authorized on behalf of the City to execute, seal and respectively, the requisite contract, in form approved by the City Attorney, with the Virginia Department of Transportation ("VDOT") for the development and administration of Phase I of the renovations and construction improvements to the Virginia Museum of Transportation ("Museum"), and committing the City to be responsible for a minimum of twenty percent (20%) of the cost of Phase I, as more particularly set forth in report of the City Manager dated November 13, 1995, and the attachments thereto. 2. The City Manager or his designee and the City Clerk are hereby authorized on behalf of the City to execute, seal and attest, respectively, the requisite contract, in form approved by the City Attorney, with the Museum upon certain terms and conditions, including the obligation of the Museum to fulfill all of the obligations undertaken by the City by virtue of the City's executing the agreement between the City and VDOT, the obligation of the Museum to match the City's funding of the renovations and construction improvements, said City funding not to exceed $813,000.000 in 1996 General Obligation Bonds, and the obligation of the Museum to be solely responsible for all third party contracts, all of which is more particularly set forth in the report of the City Manager dated November 13, 1995, and the attachments thereto. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of November, 1995. No. 32730-111395. 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 reordaine~ to read as follows, in part: ADorooriations Community Development Improvements to VA Museum of Transportation (1-2). Capital Improvement Reserve Public Improvement Bonds - Series 1996 (3) ........ Due from State Government (4) ..................... $ $ 1,041,000 1,041,000 (4,180,294) (6,884,809) 228,000 1) Appropriated from Bond Funds (008-052-9650-9001) $ 813,000 2) Appropriated from State Grants (008-052-9650-9007) 228,000 3) Economic Development (008-052-9701-9178) (813,000) 4) Due from VDOT (008-1234) 228,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. November 13, 1995 95~-0 The Honorable David A. Bowers, Mayor and Membem of City Council Roanoke, Virginia Dear Mayor Bowcm and Members of Council: SUBJECT: Virginia Museum of Transportation I. BACKGROUND Ao Virginia Museum of Transportation (VMT) wishes to undertake certain renovations and construction improvements to the Museum. The project description was included in the approved Capital Improvement Program for Fiscal Years 1994-1998. ~ of the renovation and construction project is $1,949,001.00 which includes the following three phases: Phase I - upgrading the front facade with paint, construction of a new front entry and installing two neon signs on the Museum's roof. Phase II - building a cover/shed, with skylights, for the Museum's outside rail and road exhibits. 3. Phase III - building an amphitheater. By Resolution No. 31900-031494 City Council requested funding from the Commonwealth Transportation Board in the Enhancement Program of the Virginia Department of Transportation (VDOT), pursuant to the Intermodal Surface Transportation Efficiency Act CISTEA") for Phase I of the Museum's renovations and construction project. VDOT included Phase I in the Enhancement Program and awarded $228,000.00 of the $380,000.00 needed for Phase I. City commits to 20% of Phase I cost. A maximum of $813,000.00 of the 1996 General Obligation Bond Issues has been committed by the City for the total project. Bond funds must be matched by funding generated by the VMT to include cash, in-kinds goods and services and ISTEA funding. The City anticipates spending up to $152,000.00 for Phase I, $490,000.00 for Phase II, and $171,000.00 for Phase III of the project. This represents the City's total financial oblilgation to VMT. The Honorable David A. Bowers, Mayor and Members of City Council Page 2 CURRENT SITUATION A. Virginia Museum of Transportation is ready to begin their project. ~ between City/State and City/Virginia Museum of Transportation need to be executed to start the necessmy flow of funding. HI. ISSUES B. Economic Development. D. Preservation. IV. ALTERNATIVES A. ' ' ' the following: The City Manager to execute an agreement between the City and VDOT for development and administration of Phase I, and committing the City to be responsible for a minimum of twenty percent (20%) of the Phase I cost. City Manager to execute an agreement between the City and the Virginia Museum of Transportation to provide for the following: Museum shall fulfill all of the obligations undertaken by the City by virtue of the City/State agreement. bo The City agrees to provide technical assistance to the Museum as set forth in City/State agreement for Phase I, and continues the support if needed for Phases II and III. To obtain matching bond funds the City will allow a 1:1 match for all ISTEA funds, all goods purchased and services rendered, and/or estimates of the value of goods and services donated, up to a maximum of $813,000.00. d. Museum will be solely responsible for all third party contracts. Appropriate $228.000.00 of Phase I ISTEA funds (to be reimbursed by VDOT), and $813,000.00 to be appropriated from the 1996 bond issue to an account to be established by the Director of Finance for The Honorable David A. Bowers, Mayor and Members of City Council Page 3 disbursement to the VMT. Timing of this report will allow the VMT to undertake certain renovations and improvements to the Museum. ~Fdlllffill~:l~ would be enhanced due to an increase in visitors and/or tourists. c. FalaOiag would be in place for Phase I, Phase II and Phase III. d. Preservation of City-owned mil exhibits would be enhanced. IRS regulations require that the City adopt a resolution indicating its intent to reimburse itself the amount of $813,000.00 upon issuance of the 1996 bonds. City Council not authorize any agreements to be executed or funding made available. 1. Iilllillg - construction and renovation goals would not be met. 2. ~ would not be enhanced. 3. Eull.dillg would not be impacted in the near term. 4. Preservation of mil exhibits would not be enhanced. IV. RECOMMENDATION City Council concur in Alternative A, authorizing the City Manager to execute the attached agreements and appropriating $813,000.00 in 1996 General Obligation Bonds and $228,000.00 of ISTEA funds (to be reimbursed by VDOT) to an account to be established by the Director of Finance for disbursement to the VMT. ~6it)l~0~f~ll~ indicating the City's intent to reimburse itself $813,000.00 upon issuance of the 1996 bonds. Respectfully submitted, W. Robert Herbert City Manager WRH/PFS:kdc The Honorable David A. Bowers, Mayor and Members of City Council Page 4 Wilbum C. Dibling, Jr., City Attomey Mary F. Parker, City Clerk James D. Grisso, Director of Finance Diane S. Akers, Budget Administrator Kay Houck, Virginia Museum of Transportation AGREEMENT THIS AGREEMENT iS made and entered into this __ day of · 1995, by and between the CIa"f OF ROANOKE, VIRGINIA· a municipal corporation organized and existing under the laws of the Commonwealth of Virginia ("City"), and the VIRGINIA MUSEUM OF TRANSPORTATION, INC., a Virginia corporation ("Museum"), W I T N E S E TH: WHEREAS, the Museum wishes to undertake certain renovations and construction improvements to Roanoke's Historic Freight Station ("Project"); and WHEREAS, the Project consists of three Phases; and WHEREAS, Phase I consists of elements, including, but not limited to, renovating the existing front facade, upgrading the front facade with paint, constructing a new front entry, and installing signs on the Museum ("Phase I"); and WHEREAS, Phase II consists of building a cover/shed, with skylights, for the Museum's outside rail and road collection ("Phase II"); and WHEREAS, Phase III consists of building an amphitheater ("Phase III"); and WHEREAS, the Museum submitted Phase I of the Project to the Commonwealth Transportation Board for funding in the Enhancement Program of the Virginia Department of Transportation ("VDOT") pursuant to the Intermodal Surface Transportation Efficiency Act ("ISTEA"); and WHEREAS, by Resolution No. 31900-031494, the Council of the City of Roanoke requested the Commonwealth Transportation Board to establish Phase Ii and WHEREAS, VDOT included the Phase I in the Enhancement Program portion of the Six Year Improvement Program~ and WHEREAS, the City and VDOT will enter into an agreement for the development and administration of Phase I, committing the City to be responsible for twenty percent (20%) of the Phase I costs and to implement Phase Ii WHEREAS, the City Is willing to expend up to fifty percent (50%) of the Project's estimated cost, on certain conditions and up to a maximum of $813,000.00, from the 1996 General Obligation Bond Issue ("Bond funds")} AND WHEREAS, the City anticipates spending up to $152,000.00 for Phase I, $490,000.00 for Phase II, and $171,000.00 for Phase III of the Project. NOW THEREFORE, FOR AND IN CONSIDERATION of the premises and mutual covenants contained herein, the parties hereto agree as follows= 1. Pursuant to ISTEA, and upon execution of this Agreement by the parties hereto, the City will enter into an agreement with VDOT (a copy of which is attached hereto and incorporated herein as Exhibit A and hereafter referred to as the "City/State Agreement") to pay a minimum of twenty percent (20%) of the cost of Phase I as the local match share of the total cost for planning and design, right-of-way acquisition, and construction of Phase I, as well as 2 certain "non-participating" expenditures, and if the City subsequently elects to cancel Phase I, to reimburse VDOT for the total amount of the costs expended by VDOT through the date VDOT is notified of such cancellation. The City shall cancel Phase I only with the written consent of the President for the Museum. Cancellation shall occur and be effective on the date on which the Museum receives a copy of correspondence sent by Mr. Robert K. Bengtson, Project Coordinator, 1802 Courtland Road, N.E., Roanoke; Virginia 24012, to VDOT, advising VDOT that Phase ! has been cancelled by mutual consent. The Museum agrees that it shall pay the City all amounts due VDOT under the City/State Agreement. 2. The Museum shall fulfill all of the obligations undertaken by the City, and perform all of the tasks undertaken by the City, by virtue of the Clty's execution of the City/State Agreement and will comply with each of the requirements set forth in the City/State Agreement and all federal and state regulations and requirements applicable to all work performed on the Project, including performing, or contracting to perform, tasks relating to the preliminary engineering and construction phases of the Project, and procuring consultant services contracts and construction contracts in accordance with the Virginia Public Procurement Act. 3. The City agrees to provide technical assistance to the Museum in performing the tasks related to the preliminary engineering and construction phases of the Phase I, as set forth in the City/State Agreement, and of Phase II and III. 3 4. (a) With respect to reimbursement of eligible Phase I costs, from VDOT with ISTEA funds, the Museum will forward invoices for all goods purchased and services rendered, or estimates of the value of goods and services donated, to the City, c/o Mr. Robert K. Bengtson, Project Coordinator, 1802 Courtland Road, N. E., Roanoke, Virginia 24012. The City shall, upon receipt from the Museum of a request accompanied by the above-referenced appropriate and necessary documentation, apply for reimbursement from VDOT for eligible Phase I costs for the previous month or for the final billing as set forth in Paragraph 2(c) of the City/State Agreement and shall forward such funds to the Museum within ten (10) business days of City receipt of such funds. Reimbursement from VDOT for eligible Phase I costs shall be limited to $228,000.00 (60% of $380,000.00, the Museum's estimate of expenses incurred in connection with Phase I as stated in Museum's application for the ISTEA funds). Reimbursement from VDOT for eligible Phase I costs shall be limited to funding available from the ISTEA in accordance with the ISTEA regulations. No request for funds in connection with Phase I shall be made by the Museum more than forty-eight (48) months after VDOT authorizes, in writing, commencement of engineering activities. (b) With respect to obtaining matching Bond funds for allowable expenses of the Project, the Museum will forward invoices for al! goods purchased and services rendered, or estimates of the value of goods and services donated, to City, c/o Mr. Phlllip F. Sparks, Acting Chief, Economic Development, 215 Church Avenue, S. 4 W., Room 351, Roanoke, Virginia 24011. The determination of the value of all goods and services donated, and eligibility for Bond funds of any goods and services for which matching Bond funds are sought, shall be within the sole Judgment of the City. Such determination shall be made, whenever possible, within thirty (30) days after receipt of appropriate documentation from the Museum. Upon determining the value of all donated goods and services, and upon confirming that the expenses incurred are eligible for matching Bond funds, the City shall forward the Bond funds to the Museum within ten (10) business days of such confirmation. The amount of all matching Bond funds shall be equal to the value of all cash contributions, goods, and services determined to be eligible for matching Bond funds by the City. Reimbursement for expenses incurred in connection with Phase II and Phase III shall be limited to the 1996 General Obligation Bond Issue. No request for funds in connection with Phase by Museum after December 31, 1998. (c) Goods and services II and Phase III shall be made donated to the Museum for the construction of the Project, for which the Museum requests matching Bond funds may consist of building or construction materials, and professional services, used in the renovation and construction of the Museum, and funds from VDOT from the ISTEA. Such materials or services shall relate to the cover/shed for the Museum's outside rail and road collection, the amphitheater, the pedestrian plaza, or the renovations to the front facade of the building. (d) Bond funds allocated but not spent for any phase of the Project may be reallocated and spent on any other phase of the Project. 5. Museum agrees that it shall be solely responsible for all third party contracts relating to the Project and the,City shall not be liable to any party other than VDOT for contracts relating to the Project. 6. In the performance of this contract, the Museum shall= (1) not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Museum. The Museum agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause~ and (2) state that the Museum is an equal employment opportunity employer~ in its solicitations or advertisements for employees working pursuant to this contract~ and (3) include the provisions of the foregoing subparagraphs (1) and (2) in every subcontract or purchase order of over ten thousand dollars ($10,000.00), so that the provisions will be binding upon each subcontractor or vendor. 7. This Agreement shall be binding upon the parties hereto and their respective successors and assigns. 8. Nothing herein shall relieve the obligation of the Museum of its duty to comply with all applicable federal, state or local statutes, codes, ordinances or regulations. 6 9. This Agreement constitutes the entire Agreement of the parties hereto and supersedes all prior negotiations and agreements umong the parties. No revision of this Agreement shall be valid unless made in writing and signed by the parties hereto. 10. This Agreement shall be governed by the laws of the Commonwealth of Virginia. 11. This Agreement shall be in full force and effect until the Project is complete, or until the date by which funds must be requested in Paragraph No. 4, whichever shall later occur, and all the obligations of the City/State Agreement have been performed. IN WITNESS WHEREOF, the City and the Museum have duly executed this Agreement on the date set out above. CITY OF ROANOKE, VIRGINIA ATTEST= Mary F. Parker, City Clerk W. Robert Herbert, City Manager ATTEST: VIRGINIA MUSEUM OF TRANSPORTATION, INC. Title: Presiden~ 7 AGREE~I~T FOR DEVELOPMF~NT AND ADMINISTRATION OF HISTORIC FREIGHT STATION RENOVATION AND CONSTRUCTION IMPROVEMENTS BY THE CITY OF ROANOKE THIS AGREEMENT, day of VIRGINIA, DEPARTMENT "Department" and the the Commonwealth of Virginia, made and executed in triplicate as of this , 199__, between the COMMONWEALTH OF OF TRANSPORTATION, hereinafter called the CITY OF ROANOKE, a municipal corporation of hereinafter called the "City". W I T N E_ S S_ E T H= WHEREAS, the Department has adopted a Six Year Improvement Program for Fiscal Year 1994-95 through Fiscal Year 1999-2000 for streets and highways, which includes an allocation of funds for Renovation and Construction Improvements of Roanoke's Historic Fr~iaht Station. Proiect EN)4-128-V20, PE-101, PE-102. C-501 as identified in the Enhancement Program portion of the Six Year Improvement Program and referred to hereinafter as the "Project"; and WHEREAS, the estimated cost is $35,000 for engineering, and $345,000 for construction; for a $380,000; of which the City will be responsible for 20 %, cost as outlined in Section 1.n. and preliminary total of plus any the Department and the City desire to construct the agrees to have date funds are WHEREAS, Project as expeditiously as possible and the City the Project implemented within 48 months from the made available for the project. NOW, THEREFORE, for and in consideration of the premises and mutual covenants and agreements contained herein, the parties hereto a~ree as follows: 1. The City shall consult with, and act as the a~ent of, the Department in performin~ the preliminary engineering, and the Project, spedifically with a consultant construction phases of includin~ the following: a. Perform or contract to perform the preliminary engineering, design and plan development necessary to award a contract for construction; and the administration, supervision and inspection of the construction of the Project through final acceptance, in accordance with Department procedures and policies, includin~ settlement of any claims and disputes arisin~ from the Project. If deemed appropriate by the Department, submit each phase of the work to the Department for review and approval as the project develops; allow Department personnel to inspect all phases of the project at all times. -2- Prepare plans for the Project, including such items as general notes, references to specifications and standards, typical sections, drainage plans, stormwater management, erosion and sediment control methods, profiles, cross sections, summaries, and the like. Plans may be prepared in accordance with City of Roanoke standards and format, provided the standards meet or exceed Department standards or are approved by the Department· Coordinate the project through the State Environmental Review Process, prepare the appropriate environmental document as established by Federal Highway Administration policy and procedures and carry out the functions necessary to clear the Project environmentally. Locate potential contaminated and/or hazardous waste sites during the survey or early plan development stage. Discuss the presence of these sites and design alternatives with the Department. Once contamination is determined to exist, whether obvious or established through testing, the City shall notify the appropriate regulatory agency. Conduct detailed studies such as site characterization to determine the length of time required for clean-up and potential financial -3- liability for the City and Department. The first option is to pursue remediation by the property owner(s) through the appropriate a~enciesl If required, post a "notice of willingness to hold a public hearing" on the Project, conduct such a hearing, if necessary, in accordance with Department and Federal Highway Administration requirements and coordinate the Project with property owners in the Project area. Obtain all necessary permits for the Project. Coordinate and authorize utility relocations. Procure a contractor to construct the Project, in conformance with applicable provisions of the .Virginia Public Procurement Act. The City agrees no~ to award a construction contract to any bidder unless its bid is within seven percent (7~) of the City's cost estimate or which is approved by the Department.. The City agrees not to award such contract until the Commonwealth Transportation Board has accepted and approved the bid and the contractor, and until a standard City-State agreement is executed. Department policy will govern the rate of participation for utility relocations and storm sewers. -4- j o ko mo Submit any change orders to the construction contract to the Department's Resident Engineer for approval. Receive Department approval of any claims prior to settlement. Maintain accurate records of the Project and documentation of all expenditures, identifying participating, federally non- federally participating, on which reimbursement will be based. Make project documentation available for inspection and/or audit by the Department or the Federal government at any time. Submit to the Department's Resident Engineer no more frequently than monthly, a statement requesting reimbursement for the Federal share of the project's costs. The statement must identify and document project expenditures to date and include a summary in the following categories: (1) Participating expenditures (2) Non-participating expenditures Ail preliminary engineering charges shall cease on the date the construction contract is awarded. The final billing shall be made on the basis of final -5- o actual costs, reconciling any difference with previously billed amounts. Agree to reimburse the Department 100% of all expenses incurred by the Department in the event that: (1) The project is cancelled during any phase of work; (2) Expenditures incurred are not reimbursed by the Federal Highway Administration due to the City's failure to follow proper federal guidelines and/or the expenditures are found to be federally non-participating items; (3) Expenditures incurred exceed the total amount allocated in the Six Year Improvement Program. The Department will coordinate with, cooperate with, and assist the City in implementing the Project, and specifically agrees to: so Review each phase of the Project and respond in an expeditious manner to requests from the City. Provide the necessary coordination with the Federal Highway Administration and other appropriate Federal and State agencies; provide assistance and guidance to the City relative to environmental documentation and coordination as is appropriate. -6- C. Provide reimbursement for Project expenditures for the previous month or for the final billing, within thirty (30) days of receiving an acceptable statement from the City. The reimbursement amount will be based on the Enhancement Project worksheet (example attached). d. Audit all project costs and records as required by the Federal Highway Administration. e. Provide funding for the project pursuant to the Enhancement Program in the Department's Six Year Improvement Program° 3. All applicable federal, state and local regulations shall apply to all work performed on the project including consultant services contracts and construction contracts. 4. Nothing herein shall be construed as creating any personal liability on the part of any officer, employee, or agent of the parties, nor shall it be construed as giving any rights or benefits to anyone other than the parties hereto. 5. This Agreement shall be binding upon the parties hereto, and their respective successors and assigns. 6. Upon the execution of this Agreement by both parties, the City is hereby authorized to commence with the Project. 7. This agreement may be modified with the mutual consent of the Department and the City. -7- IN WITNESSETH WHEREOF, the parties hereto have caused this Agreement to be executed bY their duly authorized officers. ATTEST: CITY OF ROANOKE CITY CLERK CITY SIGNATURE APPROVED AS TO FORM: BY: CITY ATTORNEY WI~ESS: COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION BY: COMMISSIONER -8- Enhancement Proiect Worksheet For ',he month ended .... Project Number:. Project Est. Total: Federal Participating'Share: Example $100,000.00 u0.00% VDO T Expenditures todate: Agency Charges ConsultangConUactor Total VDOT $5,0b0.00 $500.00 $5,500.00 5,000.00.. 500.00" 5~500.00 Locality Expenditures todate: Direct Costs Local Charges 5,000.00 5,000.00 Consullant/Cont~actor 50,000.00 1,000.00 51,000.00 Subtotal Oirect , 55,000.00 1,000.00 ~ Donated R/W or Services (In-kind) 15'"0g0.00 N/A 15.000.00 70,00b.00 1,000.00 71,000.00 Total Locality ( C~e~'t & value o(donitecl) T..odate Project Totals .S75,000.0~,,,, Sl ~500.00 976,500.00' Fed.,a, Pa,,Cos, (Lesser el Federal Sh~. m' Maximum FederM prolite, a~en) Amount Due Localh'y Amount Due from FHWA $60,000.00 50.00 $60,000.00 Less vOOT's Expenditures 5,000.00 500.00 5,500.00. Reimbursement Due Locality 55,000.00 {500.00) 54,500.00 20,000.00 Less Previous Payments 20,000.00 In. Kind Contributions Locality's Total Costs $70,000.00 .51,000.00 $71,000.00 Amount Due Locality 55,000.00 (500.00) 54,500.00 Total In. Kind Contributions 15,000.00 1,500.00 16,500.00 ~,ount erevio.s,y,,corded ,.,...,._ ?0,009.00 2'.~ .....,.~... . ~.o.ooo~:oo · Amounts provided by Locality MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 20, 1995 File #2-216-236-277-450 David P. Hill, Manager Lagniappe, L.L.C. 20 E. Campbell Avenue Roanoke, Virginia 24011 Dear Mr. Hill: I am enclosing copy of Resolution No. 32732-111395 authorizing execution of an agreement with Lagniappe, LL.C., for use of Community Development Block Grant funds in connection with the renovation of facades and buildings located at 120, 122 and 124 Campbell Avenue, S. W., in the H-l, Historic District. Resolution No. 32732-111395 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THECOUNCIL OF THECITY OF ROANOKE, VIRGINIA The 13th day of November, 1995. No. 32732-111395. A RESOLUTION authorizing the execution of an agreement with Lagniappe, L. L.C. for use of the Community Development Block Grant (CDBG) funds in connection with the renovation of the facades and the buildings located at 120, 122, and 124 Campbell Avenue in the H-1 Historic District. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manger and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, an agreement with Lagniappe, L.L.C for the use of the CDBG Downtown Facade Grant funds to provide for a grant to Lagniappe of up to $5,000.00 per facade for each of the above three buildings not to exceed a total of $15,000.00 to be used in renovating the facades of those buildings and to further provide for the use of the CDBG funded Economic Development Investment Fund to provide for an unsecured loan to Lagniappe in an amount not to exceed $65,000.00, for the renovation of some or all of the above buildings, all as more particularly set forth in the City Manager's report to Council dated November 13, 1995. 2. The form of the agreement shall be approved by the City Attorney. ATTEST: City Clerk. November 13, 1995 Council Report No. 95-42 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia SUBJECT: Approval of Agreements for Use of the CDBG Funded Economic Development Investment Fund and Historic Building Matching Grant Program ~ . , Dear Mayor Bowers and Members of Council: I. BACKGROUND: Economic Development Investment Fund is a CDBG funded program authorized by City Council, Resolution No. 32476-050895 adopted May 8, 1995. Purpose of the program is to provide funding for the renovation of eligible historic properties located within the Downtown Service District. 2. Fund ,qu delines are as follows: a) b) may be a grant or a loan buildings must be in a historic district or eligible for historic designation Historic Buildinc] Match nc] Grant Pro.qram (facade grant) is a CDBG funded program authorized by City Council, Resolution No. 32476-050895 adopted May 8, 1995. Purpose of the program is to encourage the preservation and renovation of historically significant structures in the City of Roanoke by providing a financial incentive. 2. Pro~ram ouidelines are as follows: a) b) eligible structures are existing commercial, industrial, or mixed use (residential and commercial) structures, at least 50 years old that are located in an H-l, Historic District maximum matching grant amount is $5,000 The Honorable David A. Bowers, Mayor and Members of City Council November 13, 1995 Page Two I1. c) d) Historic Building design Review Committee and the City's Architectural Review Board must approve the completed design for the improvements Secretary of the Interior's Standards for Rehabilitation will apply to each project CURRENT SITUATION: Applications to participate in the Economic Development Investment Fund and the Historic Building Matching Grant Program have been received by the City from David Hill, representing Lagniappe, EEC. Public Notice requesting comments on the project was published in the Roanoke Times on October 23, 1995. No comments were received. Subject properties to be renovated are located at 120, 122 and 124 Campbell Avenue and are subject to H-1 designation in the Downtown Service District. Renovation of these structures is proposed by Lagniappe, L.L.C. in a two- phase process at a total cost of $3091000. An a.qreement with the following terms has been negotiated by the applicant and the City. $65,000 will be loaned to Lagniappe, L.L.C. to assist in Phase I of the renovation of 120, 122 and 124 Campbell Avenue. 6,000 square feet of renovated commercial space will be available due to the rehabilitation. 3. Interest rate is 3% commencing on June 1, 1996. Term of the loan is 10 years with the first installment due on June 1, 1997. Up to $15,000 in additional funding ($5,000 per building) will be made available as a grant to match private funds to renovate the facades. The facades will be renovated in accordance with the plans approved by the Architectural Review Board on October 12, 1995. The Honorable David A. Bowers, Mayor and Members of City Council November 13, 1995 Page Three III, ISSUES: B. C. D. E. Funding. Timing. Compliance with applicable re.qulations. Historic preservation. Economic/Community development. IV. ALTERNATIVE: Authorize the City Mana,qer to execute an Agreement with Lagniappe, EEC, loaning $65,000 in CDBG funds for the Phase I renovation of 120, 122 and 124 Campbell Avenue and providing an additional grant of up to $15,000 in CDBG funds for the facade renovation on the terms and conditions set forth above. Fundin,q is available in account numbers: 035-093-9337-5201 ($10,000) 035-095-9537-5201 ($5,000) 035-095-9530-5136 ($65,000) Timing is critical in that Lagniappe, L.L.C. must receive approval of this financing assistance in order to secure bank financing which will allow them to close on the purchase of the buildings from the City on November 15, 1995. Compliance with applicable re,qulations is assured through contract review by the City Attorney's office and project monitoring by the City's Office of Grants Compliance. Historic Preservation program by the City will be enhanced by the stabilization and renovation of three historic structures. The Honorable David A. Bowers, Mayor and Members of City Council November 13, 1995 Page Four Economic Development pro,qram of the City will be advanced in terms of new revenue creation, enhanced downtown image and the retention of an existing City business providing employment opportunities for City residents. Do not authorize the City Manager to execute an Agreement with Lagniappe, EEC., loaning $65,000 in CDBG funds for the Phase I renovation of 120, 122 and 124 Campbell Avenue and providing an additional grant of up to $15,000 in CDBG funds for the facade renovation on the terms and conditions set forth above. 1. Fundinq for future projects will remain in existing accounts. Timing will not be met for closing to take place between the City and Lagniappe. 3. Compliance with applicable regulations is not an issue. 4. Historic Preservation program will not be enhanced. 5. Economic Development opportunity will be lost. V. RECOMMENDATION: Recommend Alternative A, authorize the City Mana.qer to execute an Agreement with Lagniappe, EEC., loaning $65.000 in CDBG funds for the Phase I of renovation of 120, 122 and 124 Campbell and providing an additional grant of up to $15,000 in CDBG funds for the facade renovation on the terms and conditions set forth above. WRH/EDC/dh cc: City Attorney City Clerk W. Robert Herbert City Manager Director of Finance Assistant City Manager Office of Grants Compliance Economic Development Specialist City Planner MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W~, Room 456 l~)anoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 20, 1995 File #24-497 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report recommending adoption of a measure to amend Chapter 23. 1, Procurement. of the Code of the City of Roanoke (1979), as amended, to provide for prequalification of contractors, was before the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. In view of questions raised by the Members of Council, the report was tabled. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: James D. Grisso, Director of Finance Wilbum C. Dibling, Jr., City Attorney Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Diane S. Akers, Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, AN ORDINANCE amending Chapter 23.1, Procurement. Code of the City of Roanoke (1979), as amended, by the addition of a new 823.1-8.1, Preo_ualification of contractors, such new section to provide for prequalificafion of contractors; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 23.1, Procurement, Code of the City of Roanoke (1979), as amended, shall be amended by the addition of the following new 823.1-8.1, Preo. ualification of contractors, which shall read and provide as follows: 823.1-8.1. Prequalification of contractors. (a) Prospective contractors may be prequalified for particular types of supplies, se[vices, insurance or construction, and consideration of bids or proposals shall in such cases be limited to prequalified contractors. Any prequalification procedure shall be established in writing and sufficiently in advance of its implementation to allow potential contractors a fair opportunity to complete the process. Such prequalification procedure or process shall be in accordance with and consistent with § 11-46 of the Code of Virginia (1950), as it may be amended from time to time, which section is incorporated herein by reference, mutatis mutandis. The City Manager shall establish a written procedure or process setting forth the requirements for such prequalification of contractors. This prequalification process shall apply to construction projects when the City Manager shall determine that it is necessary or in the best interests of the City. Any denial of prequalification of a contractor shall be in accordance with 811-46 as it may be amended from time to time. (b) A decision denying prequalification to a contractor under this section shall be final and conclusive unless the contractor appeals the decision as provided in 811-46 and 811-63 of the Code of Virginia (1950), as amended. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. November 13, 1995 Council Report No. 95-201 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: AMENDMENT TO PROCUREMENT SECTION OF CITY CODE PROVIDING FOR PREQUALIFICATION OF CONTRACTORS Background on the subject in chronological order is as follows: The multi-jurisdictional agreement providing for the expansion of certain joint use sewage facilities and for the provisions of bulk sewage treatment services was signed on November 1, 1994. After proper advertisement and interviews, Malcolm Pirnie, Inc., (consulting engineers) located in Newport News, Virginia, in association with Mattern & Craig, Inc., was selected for this project from the six (6) firms submitting their qualifications. After negotiation, the Notice to Proceed was issued to Malcolm Pirnie, Inc. starting on January 2, 1995. Since then, time has been spent to determine the most effective method to achieve the iurisdictional agreed-upon treatment capacities at the Water Pollution Control Plant. Representatives from the Water Pollution Control Plant, the consultants (Malcolm Pirnie, Inc.), the Commonwealth of Virginia Department of Health, Division of Wastewater Engineering, and representatives from the manufacturers of packaged wastewater treatment plants went to France and Denmark to interview the operators of these plants to determine that the plants could produce a final effluent that would be within the limits of our operating permit requirements. The technology of these packaged treatment plants has been in use in Europe for over eight (8) years, but none exist in the United States. New York City is in the process of building a one million gallon a day pilot plant, but it will not be completed for some time. Honorable Mayor and Members of City Council AMENDMENT TO PROCUREMENT SECTION OF CITY CODE PROVIDING FOR PREQUALIFICATION OF CONTRACTORS November 13, 1995 Page 2 Malcolm Pirnie, Inc. has informed the Office of the City Engineer that the use of this new technology may permit the project to remain within budget. They propose two (2) firms that manufacture these plants that possibly could meet our effluent requirements. These firms are Bio-Styr, represented in the United States by Kruger, Ltd., and Bio Fore, represented in the United States by Infilco Degremont, Inc. The successful bidder will be required to submit a bond that ensures their plant will produce effluent within the limits of our operating permit. If it does not, the bonds will be called in and additional conventional capacity will be built to comply with the Department of Health. On October 10, 1995, the group that had gone to Europe to witness thc, plants operating potential met with the Department of Health in Richmond and explained what they had learned. The Director of the Division of Wastewater Engineering approved the use of the packaged treatment plant as long as it can produce the effluent requirements of our operating permit. To date the two firms listed above are the only known ones that have demonstrated that they can possibly meet these requirements. II. Current situation is as follows: The Virqinia Public Procurement Act, Section 11-46 of the Code of Virginia (1950), as amended, permits the prequalification of prospective contractors for construction after the public body has adopted the prequalification process for construction projects. The process has to be consistent with § 11-46. Prequalification would apply only to the packaged unit. This contractor would give the City consultants a fixed price for their process and plant. This would be included in the general contract documents. The prequalification is for the packaged unit only and not for the entire contract; however, this package unit is about 55% of the total contract. City Council action is required to adopt the appropriate section of the Virqinia Public Procurement Act, §11-46, as shown by attachment. Honorable Mayor and Members of City Council AMENDMENT TO PROCUREMENT SECTION OF CITY CODE PROVIDING FOR PREQUALIFICATION OF CONTRACTORS November 13, 1995 Page 3 III. IV. Concerns in order of importance are as follows: Prequalification of bidders for the packaged treatment plant Time. of plant design and project completion Cost of proiect Alternatives in order of feasibility are as follows: A. City Council enact an ordinance and provide for an amendment tn Chapter 23.1 of the City Code, adding a section providing for prequalification of contractors. 1. Prequalification of bidders for the package treatment could proceed with bidding the packaged unit. 2. Time of plant design and project completion could then be established. 3. Cost of project may remain within the budget. Reiect the Virginia Public Procurement Act, § 11-46. 1. o Prequalification of bidders would be more difficult to control. The City could have a bidder that would not meet our operating requirements. Additional time would be required to build additional conventional treatment plant facilities. 3. Cost of project would exceed the budget estimate. Honorable Mayor and Members of City Council AMENDMENT TO PROCUREMENT SECTION OF CITY CODE PROVIDING FOR PREQUALIFICATION OF CONTRACTORS November 13, 1995 Page 4 Recommendation is as follows: City Council concur in alternative "A" and take the following actions: Enact an ordinance amending Chapter 23.1 of the Code of the City of Roanoke (1979), as amended, addinq a section providing for prequalification of contractors. Respectfully submitted, W. Robert Herbert City Manager WRH/LBC/kh Attachment 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 $ ll-t4~ CONTRACTa:' § I1-4~ ~ a solid wasta s~eam ami which may inetude the produc~io~ of fuel or compos~ or both, i1987, c~ 218. 474: 1988. a 286: 1989. cc. 37. 603: 1990. c~. iL i78: i991. cc. 434. ~0, 681: !991. 1st Sp. Sess.. c. 15; 1992. cc. 78. 178. 368. 339: 1993. c. ,~4: 1994.'c. 389: L994. 2nci Sp. Sess.. c. 6: 1995. cc. !1. 548. 568. 416.~ Editor's nom. -- ~ i992. c. 839, ch 2, :nm sec~on s~ ~ j~y i, i~7. .~ ~993, c. 282 ~m~ ~991. ~ 5~, ~ :~t :he p~xo~ of ~ 1~1 ~ ~ the Jo~ B~ a~ e~ J~y 1, 1~. Thru 19~8 am~ed.,,=~, -- The 1995 amendment by ~ i1 de~ '~d' p~ ~4~ c~ (m). · § 11-4~.. ~Preqn,Heca~ion generall~ prequ~__' ~ion for ~- ~o~ ~ ~ ~p~ve ~n~ my~ .~ for p~,l,~ ~of ~uppn~, ~ ~ or ~o~ ~d consid~ of ~ or a~O~ tlmir~ ~ p~,,.H~ ~n~..~y p~,.ii~on ~nn'l be ~mbli~h~ m ~n~ ~d Sl,~en~y m adv.nr~ of i~ ~- ~on :o ~ow oo~n~ con~ a f~ oppo~ ~ comple~ ~ ?~cesa ~or co~on pm~ adop~ ~~ Sum ~ ~e app~on fo~ ~ m su~ p~8 sh,ll set fo~ ~ ~ u~n w~ ~e quaiifi~mo~ of p~sp~ ~n~ ~ be ev~ ~e appH~mon ib~ ~h~il ~ of.p~s~ con~ o~y su~ ~on ~on S~ be footpad a ~de s~t or p~Pne~ ~b~-~on a~j p~mo~ oz suOa~n D of ~ 11-52. po~num con~ z~ co~onp~, adv--~ nofi~ .~.11 ~ ~ven of oT ~ub .szon ~ ~ s~m~fly-m adv~ o~ ~e ~ set suDmis~on ofbi~ ~br m~ ~ ~ ~ ~ ~ow ~e p~ ~ f~ ~ t~ subs~on ~ ~ ~mpllsh~ At le~t t~ ~ prior ~ ~ ~ e~b~ for submission of bi&or p~p?s~d~r,}h~ p~m~3 of~ ~n~a~ for w~ch~ ap~nes, me pueuc ~y ~ aa~ m ~6-~ e~ con~a~or w~ s~ :ea ~ apphca~on whe~ ~t con~r h~ ~n pr~i.li6~ ~ ~ event that a contra~r m dem~ p~u~fiom ~e '~n no.cation ~ su~ con.actor sh~ sm~ ~e ~ for such dem~ of p~u.li6ca~on ~d ~e fa~ b~is of s~ ~o~. ,:~ de?m~on 0y ~p~c~dy ~ p~cafion ~der ~e p~sio~ of ~S $uos~°n i~"~ ~ p""~ ~a cona~lve ~ess the con~c~r ap~ ~e aecm~on ~ p~a~ m 9 i1-83. § 11-46 VlllGDIlA PUBLIC PI~DCUREMENT ACT § MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 20, 1995 File #67-169-259-304 Danny L. Beamer Executive Director Roanoke Valley Youth Soccer Club, Inc. P. O. Box 21848 Roanoke, Virginia 24018 Dear Mr. Beamer: I am enclosing copy of Ordinance No. 32733-111395 awarding concession privileges to Roanoke Valley Youth Soccer Club, Inc., to sell soccer related merchandise at the River's Edge Sports Complex during three separate soccer tournaments to be held on November 18 and 19, 1995, January 13 and 14, 1996, and May 25 and 26, 1996, upon certain terms and conditions; and authorizing execution of a limited concession agreement. Ordinance No. 32733-111395 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, The 13th day of November, 1995. No. 32733-111395. VIRGINIA, AN ORDINANCE awarding concession privileges at River's Edge Sports Complex, upon certain terms and conditions; authorizing the execution of a limited concession agreement; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Roanoke Valley Youth Soccer Club, Inc., is hereby awarded concession privileges to sell soccer related merchandise at River's Edge Sports Complex during three separate soccer tournaments to be- held on November 18 and 19, 1995, January 13 and 14, 1996, and May 25 and 26, 1996, as more particularly set forth in the report to this Council dated November 13, 1995. Concession fees to the City are hereby waived. 2. The City Manager, or his representative, and the City Clerk, are hereby authorized, for and on behalf of the City, to enter into and execute, and attest, respectively, a limited concession agreement with Roanoke Valley Youth Soccer Club, Inc., the form of such agreement to 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. November 13, 1995 Council Report No. 95-202 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia SUBJECT: Request fi'om Roanoke Valley Youth Soccer Club, Inc. to sell soccer related merchandise at River's Edge Sports Complex during three (3) soccer tournaments to be held in the 1996 Fiscal Year Dear Mayor and Members of Council: I. BACKGROUND: Roanoke Valley Youth Soccer Club. Inc.~ has conducted a variety of youth soccer tournaments in the Roanoke Valley for nine (9) consecutive years attracting teams fi'om Virginia and surrounding states. Parks and Recreation Denartment has worked closely with Roanoke Valley Youth Soccer Club, Inc. in coordinating and scheduling the use of existing facilities in an effort to advance the quality of local youth soccer programs and to enhance the economic benefits derived/~om these tournaments. ~FY 1996 Soccer Tournaments and Date:: are: 1. First Virginia Bank Fall Soccer Classic Tournament - November 18 & 19, 1995; 2. First Union Indoor Toumameut - January 13 & 14, 1996; 3. Crestar Festival Soccer Tournament on May 25 & 26, 1996. The above Tournamentg are held annually and have previously been approved as written. H. CURRENT SITUATION: City has been requested by Roanoke Valley Youth Soccer Club, Inc. to permit the sale of soccer related merchandise during three (3) soccer tournaments. Refer to attached letter. Mayor Bowers and Council Members Council Report No. 95-202 Roanoke Valley Youth Soccer Club, Inc. Request November 13, 1995 Page 2 City Code. provides, in Section 24 - 5, Concessions, that City Council may grant concession privileges to an entity paying prescribed rates and charges for the use of city athletic fields. C. ~on e si naire deals with the sale of food and beverage items at events. A. _Comp_fiance with City Coda B. Concession fei~s C. Service D. Revenue. Grant concession privileges to Roanoke Valley Youth Soccer Club, Inc. to sell soccer related merchandise at River's Edge Sports Complex during three (3) requested soccer tournaments. 1. Co___o_mp_g!a~ with City Code would be met. 2. ~ would be waived. Service would be provided that is not currently offered by contract concessionaire. 4. ~ to City may increase due to sales tax on any merchandise sold. Deny concession privileges to Roanoke Valley Youth Soccer Club, Inc. to sell soccer related merchandise at River's Edge Sports Complex during three (3) requested soccer tournaments. ~ with City Code would require an advertisement for bids. Concession fees would not be an issue at this time. Mayor Bowers and Council Members Council Report No. 95-202 Roanoke Valley Youth Soccer Club, Inc. Request November 13, 1995 Page 3 SelMce would probably not be provided on such limited basis. Revenue to the City would be unknown. V. RECOMMENI~ATION: City Council concur with Alternative "A". Grant concession privileges to Roanoke Valley Youth Soccer Club, Inc. to sell soccer related merchandise at River's Edge Sports Complex during the three (3) requested soccer tournaments to be held during the 1996 Fiscal Year. ~ City Manager to execute a limited concession agreement with Roanoke Valley Youth Soccer Club, Inc. in a form as approved by City Attorney. Respectfully submitted, W. Robert Herbert City Manager WRH:JWC:pr Attachment pc~ Mr. Danny L. Beamer, Executive Director Roanoke Valley Youth Soccer Club, Inc. City Attorney D/rector of Finance Director of Public Works Manager, Management and Budget Manager, Parks and Recreation Chief} Billings and Collections Superintendent of Recreation Business Coordinator, Parks & Recreation MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke. Virginia 24011-].536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 20, 1995 File #5-121-354-361-472 Todd Bedwell, Fleet Sales Shelor Motor Co. d/b/a Homer Cox Ford P. O. Box 805 Christiansburg, Virginia 24073 Dear Mr. Bedwell: I am enclosing copy of Resolution No. 32735-111395 accepting the bid of Shelor Motor Co., Inc., d/b/a Homer Cox Ford to purchase nine new automobiles for use by the Police Department, Emergency Medical Services and the Sheriff's Department, upon certain terms and conditions, at a cost of $19,543.00 per automobile; and rejecting all other bids made to the City for such items. Resolution No. 32735-111395 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. Mary F. Parker, CMC/AAE City Clerk MFP:sm Eno. 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: (540) 981-2541 Fax: (540) 224-3145 November 20, 1995 File #5-121-354-361-472 SANDRA H. EAKIN Deputy City Clerk J. Gordon, Fleet Manager Freedom Ford 7520 N. Military Highway Norfolk, Virginia 23518 Tony Webb, Truck Fleet Manager Magic City Motor Corp. 809 Williamson Road, N. E. Roanoke, Virginia 24028 Steven G. Tedder Fleet Representative Dick Strauss Ford--Isuzu--Suzuki, Inc. 10601 Midlothian Turnpike Richmond, Virginia 23235 Gentlemen: I am enclosing copy of Resolution No. 32735-111395 accepting the bid of Shelor Motor Co., Inc., d/b/a Homer Cox Ford to purchase nine new automobiles for use by the Police Department, Emergency Medical Services and the Sheriffs DePartment, upon certain terms and conditions, at a cost of $19,543.00 per automobile; and rejecting all other bids made to the City for such items. Resolution No. 32735-111395 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bids on the abovedescribed vehicular equipment. Sincerely, .~~ Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The t3th day of November, 1995. No. 32735-111395. A RESOLUTION accepting the bid of Shelor Motor Company, Incorporated, d/b/a Homer Cox Ford for the purchase of nine new automobiles for use by the Police Department, Emergency Medical Services and the Sheriff s Department, upon certain terms and conditions; and rejecting all other bids made for such items. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The bid submitted by Shelor Motor Company, Incorporated, d/b/a Homer Cox Ford to purchase nine new automobiles for use by the Police Department, Emergency Medical Services and the ShefiWs Department at a cost of $19,543.00 per automobile, is hereby ACCEPTED. 2. The City's Manager of Supply Management is hereby authorized and directed to issue any required purchase orders for the purchase of such automobiles, and the City Manager or the Assistant City Manager is authorized to execute, for and on behalf of the City, any required purchase agreements with respect to the aforesaid automobiles, such agreements to be in such form as shall be approved by the City Attorney. 3. Any and all other bids made to the City for the aforesaid items 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. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKB, VIRGINIA The 13th day of November, 1995. No. 32734-111395. AN ORDINANCE to amend and reordain certain sections of the Fund Appropriations, and providing for an 1995-96 General emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the city of Roanoke that certain sections of the 1995-96 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: &pproDriations Public Safety Recovered Costs (1) ............................... Capital Outlay (2) ................................ $ 35,913,860 ( 543,457) 59,926 1) Reimbursements 2) Vehicular Equipment (001-024-3310-8005) $ 19,543 (001-024-3310-9010) 19,543 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. 95-349 Roanoke, Virginia November 13, 1995 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: Bids to Purchase Automobiles Bid Number 95-8-42 Background on the subject in chronological order is: A. The General Fund Capital Maintenance and Equipment Replacement Proqram has identified the need for Seven (7) Police automobiles and One (1) Emergency Medical Service automobile. The City Sheriff has also identified the need to replace One (1) automobile in his operation. The Police and Emerqency Medical Services vehicles being replaced have mileage or age which meet or exceed the City's criteria for replacement. The Sheriff has chosen to purchase a unit due to inability to get a current year model after November 30, 1995 and currently funds are available to purchase instead of leasing. Contacts were made with Roanoke City Schools and Roanoke Redevelopment and Housing Authority to determine if like units were needed. None are needed at this time. Bid specifications were developed and, along with Request for Quotations, were sent to Twelve (12) vendors. A public advertisement was also published in the Roanoke Times and Roanoke Tribune. II. Current Situation is: Three (3) bid responses were received, publicly opened and read at 2:00 p.m. on October 4, 1995 in the Office of the Manager of Supply Management. Ail bids were evaluated in a consistent manner with representatives of Fleet Management, Police, Emergency Medical Services, Sheriff and Supply Management. The bids were also evaluated with like units available through the State Contract. Automobiles Bid Number 95-8-42 Page 2 III. IV. The evaluation concluded that the lowest bid submitted by Homer Cox Ford, meets all required specifications at a cost of $19~543.00 per unit. Issues in order of importance are: A. Timinq B. Need C. Compliance with Specifications D. Fundinq Alternatives in order of Feasibility are: Council authorize the purchase of Nine (9) automobiles for Police, Emergency Medical Services and Sheriff, from Homer Cox Ford at a cost of $19,543.00 per unit. Timinq of the purchase of the requested units is critical. We have received notification that Fleet purchases for current year police type automobiles must be received by November 30, 1995. Need for the requested units is to allow for the continued performance of duties in the Police, Emergency Medical Services and Sheriffs department. Compliance with Specifications is met in the response from Homer Cox Ford. Fundinq for the units recommended in this report is as follows: Seven (7) units for the Police Department is funded in Fleet Management Account 017-052-2642-9010 be One (1) unit for Emergency Medical Services is funded in Fleet Management Account 017-052-2642-9010 Automobiles Bid Number 95-8-42 Page 3 CC: One (1) unit for the Sheriff is to be funded from recovered costs funds in Sheriff's Account 001-024-3310-8005 Reject all Bids Timing would prevent the readvertisement of the units requested in this bid. Need for vehicles to provide continued performance of assigned duties would not be met in the most efficient manner. Compliance with Specifications would not be a factor in this alternative. Fundinq designated for the purchase of requested vehicles would not be expended at this time. Recommendation Council concur with alternative "A" and authorize the purchase of Nine (9) automobiles for Police, Emergency Medical Services and Sheriff from Homer Cox Ford at a total cost of $175~887.00 and reject all other bids. Transfer $19,543 from Sheriff's Recovered Cost ~ccount 001-024-3310-8005 to Sheriff's Account 001-024-3310-9010. Respectfully Submitted, W. Robert Herbert City Manager City Attorney Director of Finance Director of Administration Director of Utilities & Operations Management & Budget City Sheriff Manager, Fleet Management Manager, Supply Management Police Department .,4 MARY E 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: (540) 981-2541 Fax: (540) 224-3145 November 20, 1995 SANDRA H. EAKIN Deputy City Clerk File #72-178-236 Neva J. Smith Executive Director Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N. W. Roanoke, Virginia 24017 Dear Ms. Smith: I am enclosing copy of Resolution No. 32737-111395 authorizing acceptance of the Shelter Plus Care Grant from the U. S. Department of Housing and Urban Development, in the amount of $536,160.00, subject to conditions identified in a report of the City Manager under date of November 13, 1995; authorizing execution of the required grant documents; and further authorizing execution of the necessary Memoranda of Understanding with various agencies to ensure compliance with federal regulations and grant application. Resolution No. 32737-111395 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Neva J. Smith November 20, 1995 Page 2 pc: Lisa Griffith, Veterans Affairs Medical Center, Salem, Virginia 24153 Ellen Brown, Total Action Against Poverty in the Roanoke Valley, Inc., P. O. Box 2868, Roanoke, Virginia 24011 Karan Michalski, Blue Ridge Independent Living Center, 1502-D Williamson Road, N. E., Roanoke, Virginia 24012 Helen Dasse, Blue Ridge Community Services, 301 Elm Avenue, S. W., Roanoke, Virginia 24011 Wendy Moore, Roanoke Area Ministries, 824 Campbell Avenue, S. W., Room 5, Roanoke, Virginia 24016 Dr. Molly L. Rutledge, Director of Public Health, Roanoke/Alleghany Health District, 515 Eighth Street, S. W., Roanoke, Virginia 24016 Keith Hall, Blue Ridge AIDS Support Services, P. O. Box 1472, Roanoke, Virginia 24007 Lee Wonson, Roanoke AIDS Project, 515 Eighth Street, S. W., Roanoke, Virginia 24016 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1995. No. 32737-111395. A RESOLUTION authorizing acceptance of the Shelter Plus Care Grant from the U.S. Department of Housing and Urban Development, authorizing execution of the required grant documents, and authorizing execution of the necessary Memoranda of Understanding with various agencies to ensure compliance with federal regulations and grant application. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the Shelter Plus Care- Grant from the U.S. Department of Housing and Urban Development, in the amount of $536,160.00, to be used for those purposes and subject to the conditions identified in the report of the City Manager dated November 13, 1995. 2. The City Manager, W. Robert Herbert, or Assistant City Manager, James D. Rltchie, is authorized to execute the requisite grant documents in order to accept said grant on behalf of the City. Said documents to be in a form approved by the City Attorney. The City Manager or the Assistant City Manager is further authorized to furnish such additional information as may be required by the U.S. Department of Housing and Urban Development in connection with the Shelter Plus Care Grant. 3. 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, Memoranda of Understanding with Salem Department of Veterans Affairs Medical Center, Total Action Against Poverty in Roanoke Valley, Inc., Blue Ridge Independent Living Center, Blue Ridge Community Services, Roanoke Area Ministries, Roanoke City Health Department, Blue Ridge AIDS Support Services, and the Roanoke AIDS Project, in form approved by the City Attorney, and in accordance with the City Manager's report to this Council dated November 13, 1995. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of November, 1995. No. 32736-111395. 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 Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1995-96 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Health and Welfare Shelter Plus Care Program (1).. $ 2,497,289 ................... 536,160 Revenue Health and Welfare Shelter Plus Care Program (2) $ 2,497,289 ..................... 536,160 1) Shelter Plus Care (035-054-5190-2159) 2) Federal Grant Receipts (035-035-1234-7206) $ 536,160 536,160 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. .: November - '- 95-522 Honorable Mayor David A. Bowers and Members of City Council 13, 1995 SUBJECT~ SHELTER PLUS CARE PROGRAM GRANT AWARD ALLOCATION I. BACKGROUND The PliGht of homeless individuals and famili~ has been at the forefront of the community,s attention for many years. Permanent housing has been identified as a top priority by the City Manager,s Committee on Homelessness. The U. S. Department of Housing and Urban DeveloDmen{ IHUDI announced the availability of $900 million to help communities develop continuum of care systems to assist homeless persons in February 1995. Of this amount, $150 million was designated for the Shelter Plus Care program. Shelter Plus Care provides rental sslstanc,, to disabled a ' homeless persons and supportive services necessary for them to remain self-sufficient. ~he City and Roanoke Redevelopment and Housinq Authority worked cooperatively with nine local community agencies to develop and submit a proposal for funding through HUD for Shelter Plus Care funds. II. CUP, RENT SITUATIO~ A Shelter Plus Care Grant allocation of $536,160.0u has been awarded to the City of Roanoke and Roanoke Redevelopment and Housing Authority by the U. S. Department of Housing and Urban Development for five years. A local in-kind match in supportive service:~ for five years is required and has been committed by the following nine agencies: Salem Department of Veterans Affairs Medical Center, Roanoke City Department of Social Services, Total Action Against Poverty, Blue Ridge Independent Living Center, Blue Ridge Community Services, Roanoke Area Ministries, Roanoke City Health Department, Blue Ridge AIDS Support Services, and the Roanoke AIDS Project. Ce At least 20 disabled, homeles~ individuals and their families will be provided rental assistance utilizing these funds for up to five years. Disabilities are defined as serious mental illness, chronic substance abuse problems, AIDS or related diseases, and physical disabilities. Dw The ro ram called "Home At Last" will be 'ointl administered by the City and Roanoke Redevelopment and Housing Authority. A steering committe~ comprised of representatives from the partner agencies, the Housing Authority, and City has been established to develop procedures and mechanisms to track in-kind match contributions, provide guidance, facilitate effective communica~; ..... . . . ~v~, ~nnance cooperation among age~cle~, and to insure that necessary match documentation is provided. ~ ZIZ. 188UB8 ae ImDact on Services in the City. Cost to Cit. Authorize the City Manager to accepl the Shelter Plus Care Grants Program grant award of $536,160 from the U. S. Department of Housing and Urban Development and execute the required grant documents on behalf of the City; appropriate funds to an account to be established in the Grant Fund by the Director of Finance; increase the revenue estimate in the grant fund and execute necessary Memoranda of Understanding with Salem Department of Veterans Affairs Medical Center, Total Action Against Poverty, Blue Ridge Independent Living Center, Blue Ridge Community Services, Roanoke Area Ministries, Roanoke City Health Department, Blue Ridge AIDS Support Services, and the Roanoke AIDS Project to insure compliance with federal regulations and grant application. 1. Impact of Services in the City would be positiv,.. At least 20 homeless, disabled citizens would receive permanent housing and supportive services for up to five years in order to stabilize their situations and remain self-sufficient. 2. Cost to the City would be nothin~ since no additional City funds are required. In-kind match will be provided by the nine partner agencies. Timing is ~mnortant. The U.S. Department of Housing and Urban Development encourages communities to provide assistance to the homeless in a timely manner· Do not authorize the City ManaGer to acceD$ the Shelter Plus Care grant award. Impact on Services in the City could be neGativ,.. The amount time it takes homeless, disabled person to obtain permanent housing will increase. The number of homeless people in Roanoke will remain the same and possibly increase. Cost to the Cit would be the loss of a valuable source of funds for the community, and possible increased demand on other funds for providing permanent housing and supportive services to homeless, disabled citizens. Timinq would not be an issue. VJ RECOMMENDATION Concur with Alternative A, and authorize the City Manager to execute the grant agreement with the U.S. Department of Housing and Urban Development accepting the Shelter Plus Care grant award and the required Memorandum of Understanding with the agencies set out in IV. A. Appropriate $536,160 for the Shelter Plus Care Program to an account to be established in the Grant Fund by the Director of Finance and increase the revenue estimate in the Grant Fund. Respectfully submitted, W. Robert Herbert City Manager WRH:DSN/dsn cc: James Grisso, Director of Finance Wilburn Dibling, City Attorney Glenn D. Radcliffe, Director of Human Development Donna S. Norvelle, Human Development Coordinator Neva Smith, Executive Director, Roanoke Redevelopment Housing Authority Office of Grants Compliance and Grant No. VA36C95-0134 Official Contact Person Donna S. Norvelle Telephone & FAX No. (540) 224-3113 Tax ID No. 54-6001569 Project Location Roanoke, VA 199~ SHELTER PLUS CARE AGREEMENT This Agreement is made by and between the United States Department of Housing and Urban Development (HUD) and the City of Roanoke (the "Recipient"). This Agreement will be governed by Subtitle F of Title IV of the Stewart B. McKinney Homeless Assistance Act 42 U.S.C. 11301 et sea_. (the Ac0, and the HUD Shelter Plus Care Program Regulation 24 CFR 582, as amended by the Interim Rule published May 10, 1994, at 59 FR 24252 (the "Rule"). The terms "Grant" or "Grant Funds" mean the funds for rental assistance which, except for funds for section 8 moderate rehabilitation for single room occupancy dwellings for homeless individuals ("SRO"), are provided under thin Agreement. The term "Application" means the application submissions on the basis of which a Grant was approved by HUD, including the certifications and assurances and any .information or documentation required to meet any grant award conditions. The Application is incorporated herein as part of this Agreement; however, in the event of any conflict between the Application and any provision contained herein, this Shelter Plus Care Agreement shall control. The following are attached hereto and made a part hereof: X Exhibit 1 - The Shelter Plus Care Program Rule X Exhibit 2 for Tenant-based Rental Assistance HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Application, unless HUD is otherwise advised in writing. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. Recipient agrees to conduct an ongoing assessment of the rental assistance and supportive services required by the participants in the program; to assure the adequate provisions of supportive services to the participants in the program; to be responsible for overall administration of this grant, including overseeing any subrecipients, contractors and subcontractors; and to comply with such other terms and conditions, including record keeping and reports (which must include racial and ethnic data on participants for program monitoring and evaluation purposes), as the Secretary may establish for purposes of carrying out the program in an effective and efficient manner. A default shall consist of any use of Grant Funds for a purpose other than as authorized by this Agreement, noncompliance with the Act, Rule, any material breach of the Agreement, failure to expend Grant Funds in a timely manner, or misrepresentations in the Application submissions which, if known by HUD, would have resulted in a grant not being provided. Upon due notice to the Recipient of the occurrence of any such default and the provision of a reasonable opportunity to respond, HUD may take one or more of the following actions: (a) direct the Recipient to submit progress schedules for completing approved activities; (b) issue a letter of warning advising the Recipient of the default, establishing a date by which corrective actions must be completed and putting the Recipient on notice that more serious actions will be taken if the default is not corrected or i repeated; (c) direct Recipient to establish and maintain a management plan that assigns responsibility for carl~ing out remedial actions; (d) direct the Recipient to suspend, discontinue or not incur costs for the affected activity; (e) reduce or recapture the grant; (13 direct the Recipient to reimburse the program accounts for costs inappropriately charged to the program; (g) continue the Grant with a substitute Recipient selected by HUD; (h) other appropriate action including, but not limited to, any remedial action legally available, such as affn'mative litigation seeking declaratory judgement, specific performance, damages, temporary or permanent injunctions and any other available remedies. No delay or omissions by HUD in exemising any right or remedy available to it under the Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in any Recipient default. This Agreement constitutes the entire agreement between the parties hereto, and may be amended only in writing executed by HUD and the Recipient. More specifically, Recipient shall not change sponsor or population to be served, or make any other change inconsistent with the Application, without the prior approval of HUD. No change may be made to the project(s) nor any right, benefit, or advantage of the Recipient or Sponsor hereunder be assigned without prior written approval of HUD. The effective date of the Agreement shall be the date of execution by HUD. By signing below, Recipients which are states and units of local government certify that they are following a currem HUD approved CHAS. This agreement is hereby executed on behalf of tb.e parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development BY: (Signature) Director, Community Plannin~ and Develooment (Title) (Da~) RECIPIENT BY: (Name of Organization) (Signature of Authorized Official) (Title) (Date) MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 18, 1995 File #129-290-323-367 Mr. Thomas Sidney Calhoun 6219 Saddleridge Road, S. W. Roanoke, Virginia 24018 Dear Mr. Calhoun: I am enclosing copy of Resolution No. 32738-111395 directing that the Conference Room of the Roanoke Law Library shall henceforth be known as the Clayne M. Calhoun Conference Room. Resolution No. 32738-111395 was adopted bythe Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. MFP:sm Sincerely, Mary F. Parker, CMClAAE City Clerk Eric. MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 18, 1995 File #129-290-323-367 Mr. James N. Kincanon 720 Shenandoah Building 305 First Street, S. W. Roanoke, Virginia 24011 Dear Mr. Kincanon: I am enclosing copy of Resolution No. 32738-111395 directing that the Conference Room of the Roanoke Law Library shall henceforth be known as the Clayne M. Calhoun Conference Room. Resolution No. 32738-111395 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. MFP:sm Sincerely, Mary F. Parker, CMC/AAE City Clerk Enc~ IN THE COUNCIL OF THE CITY OF ROANOKE, The 13th day of November, 1995. No. 32738-111395. VIRGINIA, A RESOLUTION directing that the Conference Room of the Roanoke Law Library shall henceforth be known as the Clayne M. Calhoun Conference Room. WHEREAS, Clayne M. Calhoun served as Roanoke City Law Librarian from October 31, 1977, to April 10, 1995; WHEREAS, Mrs. Calhoun regrettably passed away on April 18, 1995; WHEREAS, Mrs. Calhoun was a native of Orange County, New Jersey, and received a Bachelor of Arts Degree from Stratford College and a Master of Library Science Degree from Catholic University; WHEREAS, Mrs. Calhoun served as President of the Roanoke Association of Law Libraries, Executive Board Member of the Virginia Association of Law Libraries, President of Roanoke Valley Swimming, Inc., and she established and maintained a Roanoke Valley Guardianship Project entitled, "It's Your Future", and contributed to the first edition of A Guide to Leqal Research in Virginia; WHEREAS, Clayne Calhoun was survived by her husband, Thomas Sidney Calhoun, and a son, Samuel Clayton Calhoun; WHEREAS, Mrs. Calhoun was known as a dedicated public servant who always displayed the highest professionalism and competence, and, in particular, attributes of honesty, integrity, friendliness, thoroughness, precision and attention to detail; and WHEREAS, this Council is desirous of honoring Mrs. Calhoun by naming the Roanoke Law Library Conference Room in her honor; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. In honor of the late Clayne M. Calhoun, the Roanoke Law Library Conference Room shall henceforth be known as the Clayne M. Calhoun Conference Room. 2. The City Manager ceremonies in connection Conference Room and the is directed to coordinate appropriate with the naming of the Law Library procurement and installation of an appropriate plaque honoring Mrs. Calhoun as well as the hanging of a portrait or photograph of Mrs. Calhoun adjacent to or within the Conference Room. 3. The City Clerk is directed to forward an attested copy of this resolution to Thomas Sidney Calhoun. ATTEST: City Clerk. November 13, 1995 Report #95-526 Honorable Mayor David Bowers and Members of City Council Roanoke, Virginia Mayo~ and Members of Council: SUBJECT: ROANOKE BAR ASSOCIATION REQUEST TO RENAME ROANOKE LAW LIBRARY I. BACKGROUND Council received a request from the Roanoke Bar Association in May 1995 to rename the Roanoke Law Library in memory of Mrs. Clayne Calhoun, who served as Law Librarian from 1977 to 1995. Said request was referred to the City Manager and City Attorney for appropriate review, re~mmendation and report to Council. II. CURRENT SITUATION Judges o~f the Circuit Court are supportive of recognizing Mrs. Calhoun. Bo Library staff researched the issue of naming law libraries and contacted other City departments regarding the naming of City-owned facilities. III. ISSUES A. Loss of name recognition for the Law Library. B. Lack of comprehensive policy or guidelines regarding name of City-owned facilities.' - Recognition for former Law Librarian. Funding. IV. ALTERNATIVES A. Name the Law Library's conference room after Mrs. Calhoun. 1. Loss of name recognition for the Law Library. Not an issue. 2. Lack o__.f comprehensive policy or guidelines regarding naming of City-owned facilities. -- Not an issue. 3. Recognition for former Law Librarian. Appropriate recognition would be provided by the mounting of an inscribed plaque and picture or portrait of Mrs. Calhoun at the entrance to or within the Law Library's conference room. 4. Funding. The Roanoke Bar Association has offered to contribute half the cost of the plaque and picture or portrait, up to $700, if matching funds are provided by the City. Matching funds are available in the City Manager's account #001-002-1211-2030. B. Rename the Law Library after the former Law Librarian. 1. Loss o~f name recognition for the Law Library. The Roanoke Law Library is nationally known. Its name currently locates the library geographically. Without the word "Roanoke" we would lose that recognition. For example, Virginia Beach, where the "Wahab Public Law Library" is located, has decided to stop naming buildings after individuals because of the identity problem it creates. 2. Lack of comprehensive policy or guidelines regardinq naming o~f City-owned facilities. -- The City Code does not address the issue of naming facilities. The City School Board has no written guidelines for naming new facilities. The City Planning Commission has criteria upon which to base the selection of park names and additional criteria for smaller facilities such as athletic fields within a park. City Council encountered controversy over the naming of the State office building in 1987. 3. Recognition of former Law Librarian. This is one way to recognize Mrs. Calhoun. Funding. Undetermined. 2 V. RECOMMENDATION Ao Name the Law Library ~onference room after the late Cla~ne Calhoun. Authorize the City Librarian to expend up to $1,000 of City funds in account #001-002-1211-2030, to be matched by the Roanoke Bar Association up to $700, for the purchase of an inscribed plaque and picture or portrait of Mrs. Calhoun. Respectfully W. Rob~ rt Herbert City Manager WRH/GR/BJ/js CC: Wilburn C. Dibling, City Attorney James Grisso, Director of Finance Glenn Radcliffe, Director of Human Development Beverly James, City Librarian IH THE COUNCIL OF THE CITY OF ROANOKE, The 13th day of November, 1995. No. 32739-111395. Government of the exist. 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 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: ADorooriations Health and Welfare $ 1,896,079 Restricted Medicaid Eligibility Worker 95-96 (1-5).. 24,950 Revsnus Health and Welfare $ 1,896,079 Restricted Medicaid Eligibility Worker 95-96 (6) .... 24,950 1) Regular Employee Salaries 2) ICMA 3) FICA 4) Hospitalization Insurance 5) Life Insurance 6) State Grant Receipts (035-054-5169-1002) $ 19,435 (035-054-5169-1115) 1,750 (035-054-5169-1120) 1,487 (035-054-5169-1125) 2,210 (035-054-5169-1130) 68 (035-035-1234-7212) 24,950 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. November 13, 1995 Report #95-531 The Honorable Mayor and Members of City Council Roanoke, Virginia Mayor and Members of Council: SUBJECT: FUNDING FOR RESTRICTED ELIGIBILITY WORKER POSITION BACKGROUND Roanoke City Council approved funding during FY 94/95 for an Eligibility Worker through the Denartment of Social Services to be placed at Roanoke City Health Department to assure that all citizens have an opportunity to apply for Medicaid. II. III. ARer the service had been in operation for 12 months, the Health Department and Social Services reviewed the effectiveness of the program and decided to request continuation for another year. During this period, either party may terminate the agreement if it is determined to be no longer a viable service to either agency. CURRENT SITUATION Roanoke City Department of Social Services has employed and will continue to train and supervise worker who is located at the Health Department to execute applications for Medicaid. Roanoke City Health Department is satisfied with the results of the services of having an eligibility worker on location. ISSUES B. C. D. Services to citizens. Benefit to Health Department. Benefit to Social Services. Funding. Page Two IV. ALTERNATIVES Approve funding for continuation of the Outstationed Eligibility Worker at the Health Department. Services to Citizens - Citizens requesting services from the Health Department may apply for Medicaid at the same time, thereby making application process more accessible and efficient. Benefit to Health Department - Health Department will be able to maximize Medicaid revenue. Benefit to Department of Social Services - Department of Social Services is provided an eligibility worker at no cost for salary and benefits. Department of Social Services is responsible for supervision and quality control. Funding - Funds are provided by the State Department of Social Services. Health Department has access to 50% federal match for costs of eligibility worker. Revenue from Medicaid services delivered to citizens covers the costs of the 50% match required to draw down the federal match. Do not approve funding for the continuation of the Outstationed Eligibility Worker at the Health Department. Services to Citizens - Citizens coming to the Health Department for clinical care will not have the convenience of receiving Social Services at the Health Department. Some citizens will fail to follow through on the Medicaid application, thereby incurring a medical debt they cannot afford. Benefit to Health Department - The Health Department will have a reduction in revenue. Benefit to Department of Social Services - Department of Social Services will have a reduction in manpower by losing the workload of one eligibility worker. 4. Funding - Loss of 50% federal match for one eligibility worker. RECOMMENDATION City Council authorize the City Manager to continue the services of the Outstationed Eligibility Worker at the Health Department. Page Three B. CC City Council appropriate $24,950 to revenue and expenditure accounts to be established in the Grant Fund by the Director of Finance: 1. Salary $19,435 2. ICMA 1,750 3. FICA 1,487 4. Health 2,210 5. Life Insurance 68 $24,950 Respectfully submitted, W. Robert Herbert City Manager Wilburn C. Dibling, City Attorney James D. Grisso, Director of Finance Glenn D. Radcliffe, Director of Human Development Corinne B. Gott, Superintendent of Social Services Diane S. Akers, Budget Administrator IN THB COUNCIL OF THE CITY OF ROANOKB, VZRGINIA The 13th day of November, 1995. No. 32740-111395. AN ORDINANCE to amend and reordain certain sections of the 1995-96 Consortium Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE Roanoke that certain Appropriations, be, to read as follows, IT ORDAINED by the Council of the City of sections of the 1995-96 Consortium Fund and the same are hereby, amended and reordained in part: Fifth District Employment & Training Consortium - FY96 Title II - Incentive (1) .......................... Title III (2-5) ................................... Title III - 35% (6-20) ............................ Bootstrap - CDBG (21-25) .......................... Employment Services - CDBG (26-30) ................ Opportunity Knocks - State (31-34) ................ Opportunity Knocks - CDBG (35-40) ................. $1,382,888 20,729 377,007 300,862 10,613 60,000 127,840 14,520 Fifth District Employment & Training Consortium - FY96 Title II - Incentive (41) Title (42) ........... Title III - 35% (43) ........................... Bootstrap - CDBG (44) .......................... Employment Services - CDBG (45) ................ Opportunity Knock, - State (46) Opportunity Knock, - CDBG (47).~~ $1,382,888 20,729 377,007 300,862 10,613 60,000 127,840 14,520 1) Funding Authorization (034-054-9664-9990) 2) Administrative Equipment (034-054-9681-8359) 3) Administrative Miscellaneous (034-054-9681-8360) 4) Basic Readjust- ment Service Wages (034-054-9681-8066) 5) Basic Readjust- ment Service Fringes (034-054-9681-8067) 6) Administrative Wages (034-054-9682-8350) 7) Administrative Fringes (034-054-9682-8351) 8) Administrative Communications(034-054-9682-8353) 9) Administrative Equipment (034-054-9682-8359) 10) Administrative Miscellaneous (034-054-9682-8360) 11) Basic Readjust- ment Service Wages (034-054-9682-8066) 12) Basic Readjust- ment Service Fringes (034-054-9682-8067) 13) Basic Readjust- ment Service VEC (034-054-9682-8405) 14) Basic Readjust- ment Service Equipment (034-054-9682-8496) 15) Supportive Services (034-054-9682-8461) 16) Training/ FDETC I/R (034-054-9682-8500) 17) Profiling Wages(034-054-9682-8540) 18) Profiling Fringes (034-054-9682-8541) 19) Profiling Contract Services (034-054-9682-8542) 20) Profiling Communications(034-054-9682-8543) Staff Wages (034-054-9686-8350) 21) 22) 23) 24) 25) 26) 27) 28) Staff Fringes Communications Supplies Tuition Wages (034-054-9686-8351) (034-054-9686-8353) (034-054-9686-8355) (034-054-9686-8500) (034-054-9687-8050) Fringes (034-054-9687-8051) Communications (034-054-9687-8353) $ 20,729 2,400 201 4,976 1,784 5,000 1,025 200 850 1,000 22,065 3,625 4,300 1,000 5,200 32,300 13,944 3,053 7,000 300 6,618 1,320 2OO 225 2,250 42,747 9,698 450 29) 3o) 31) 32) 33) 34) 35 36 37 38 39 40 41 42) 43) 44) 45) 46) 47) Supplies Contractual Services Staff Wages Staff Fringes Participant Wages Participant Fringes Staff Wages Staff Fringes Communications Supplies Lease/Rentals FDETC I/R Title II - Incentive Revenue Title III Revenue Title III - 35% Revenue Bootstrap - CDBG Revenue Employment Services - CDBG Revenue Opportunity. Knocks - (034-054-9687-8355) (034-054-9687--8357} (034-054-9691-8050) (034-054--9691-8051) (034-054-9691-8030) (034-054-9691-8031) (034-054-9692-8350) (034-054-9692-8351) (034-054-9692-8353) (034-054-9692-8355) (034-054-9692-8358) (034-054-9692-8500) (034-034--1234-9664) (034-034--1234-9681) (034-034-1234-9682) (034-034-1234-9686) (034-034-1234--9687) State Revenue (034-034-1234-9691) Opportunity Knocks - CDBG Revenue (034-034-1234-9692) 680 6,425 68,241 13,990 42,409 3,200 1,870 380 480 540 10,500 75O 20,729 9,361 100,862 10,613 60,000 127,840 14,520 BE IT FURTHER ORDAINED that, an emergency Ordinance shall be in effect from its passage. existing, this ATTEST: City Clerk. November 13, 1995 # 95-532 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: Funding for the Fifth District Employment and Training Consortium BACKGROUND ao The Fifth District Employment and Traininq Consortium (FDETC) administers the federally funded Job Training Partnership Act (JTPA) for the Fifth Planning District. The FDETC serves eliqible residents in the counties of Alleghany, Botetourt, Craig and Roanoke as well as the cities of Clifton Forge, Covington, Roanoke and Salem. C. This aqency serves two primary client populations: the economically disadvantaqed as determined by income guidelines set by the U.S. Dept. of Labor (under Titles II-A, II-C and the Summer Youth Employment Program) and dislocated workers who have been laid off from employment through no fault of their own (under Title III) Do The City of Roanoke is the qrant recipient for FDETC fundinq. City Council must appropriate the funding for all grants and other monies the FDETC receives. II. CURRENT SITUATION Governor's Employment and Traininq Department (GETD) has sent to the Consortium Notices of Award and adjustments for programs which include on-the-job training, work experience, job related education, classroom training, job placement activities, and remedial education in the following amounts: Opportunity Knocks (State General Funds)- $127,840.00. (Notice of Award - 0K-96-03-04, will be used to allow young people between the ages of 18 and 24 to gain practical work experience and participate in education and training activities while carrying out community service projects. Title III - Carry-in Funds - $9,361.00. (Notice of Award E-03), will be used to serve dislocated workers within the Fifth Planning District. (A prior Notice of Award 96-03-01 for $367,646.00 was received and approved by Council in August, 1995.) Title II-A PY95 Incentive Award $20,729.00. (Notice of Award 96-03-06, for achieving performance standards during the Program Year 1994.) The incentive award is to be used as an addition to Title II funding. Virqinia Employment Commission has notified the Consortium of an increase of $100,862.00, to the Governor's Regional Project for PY 95. (A prior notification for $200,000.00 was received and approved by Council in August, 1995) These funds will be used to serve displaced workers. Co Community Development Block Grant (CDBG) funding for the Fifth District Employment and Training Consortium (FDETC) for Operation Bootstrap, Roanoke Valley Youth Conservation Service Corps - Opportunity Knocks, and Employment Training Program. CDBG funds were awarded to the FDETC for administration costs associated with operation of Operation Bootstrap in the amount of $10,613.00. Operation Bootstrap is designed to assist very low income families in the City of Roanoke to become economically self-sufficient through the cooperative efforts of the public and private sectors. The FDETC is responsible for specific aspects of project management and administration. III. 2 o 3 o ISSUES CDBG funds were awarded to the FDETC for transportation and associated costs of OPPortunity Knocks in the amount of $14,520.00. Opportunity Knocks: Roanoke Valley Conservation Service Corps, a statewide Governor's initiative, is a comprehensive youth service project designed to enhance the current educational and employment options available to Virginia's at risk youth. CDBG funds were awarded to the FDETC for project management and administration of the Employment Traininq Proqram in the amount of $60,000.00. The Employment Training Program is designed to assist low to moderate income individuals in to obtain employment. A. Proqram Operations B. Funding C. Timing IV. ALTERNATIVES A. Appropriate the FDETC's additional fundinq totalling $343,925.00 and increase the revenue estimate by $343,925.00 in accounts to be established by the Director of Finance. Bo Proqram Operations - Existing activities will continue and planned programs will be implemented. 2 o Funding Funds are available from the Grantor agency and other sources as indicated at no additional cost to the City. Timing - Immediate action will allow programs to be implemented and completed within planned time frames, July 1, 1995 through June 30, 1996. Do not appropriate the FDETC's fundinq totalling $343,925.00 Proqram Operations Planned programs to serve participants would be delayed or never initiated. Funding Funds currently available to operate these programs may be rescinded and redistributed to other localities. Timinq - Delay will cause late or failed start- up of programs and possible under expenditure of available funds. V. RECOMMENDATION Approve Alternative A: Appropriate the FDETC's fundinq totallinq $343,925.00 and increase the revenue estimate by $343,925.00, in accounts to be established in the Consortium fund by the Director of Finance. Respectively submitted, City Manager WRH/VLP:wc cc: Director of Finance City Attorney Director of Human Development FDETC Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of November, 1995. No. 32742-111395. 1995-96 General emergency. WHEREAS, Government of the exist. AN ORDINANCE to amend and reordain certain sections of the Fund Appropriations, and providing for an for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1995-96 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: &DDroDrlat%ons Nondepartmental Residual Fringe Benefits (1) ...................... Fun~ B&lances Reserved Fund Balance Reserve for Pension Contribution (2) .............. $ 50,822,384 1,368,945 $ 10,208,903 0 1) City Retirement 2) Reserve for Pension Contributions (001-004--9110-1105) $ 195,000 (001--3341) (195,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P.O. Box 1220 ', :, Roanoke, Virginia 24006-1220 Telephone: (540) 981-2821 Fax: (540) 981-2940 JAMES D. GRISSO Director of Finance November 13, 1995 JESSE A. HALL Deputy Director TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance City of Roanoke Pension Plan Cost-of-Living Raise On May 9, 1994 City Council approved a 3% permanent cost-of-living raise effective July 1, 1994 and a 3% one-time lump sum payment effective July 1, 1995 for eligible members of the City of Roanoke Pension Plan by Ordinance No. 31981- 050994. The financial impact to the Pension Plan for the one-time lump sum payment on July 7, 1995 was $206,889. This increase was received by 989 retirees based on the following qualifications: retired on or before June 30, 1994; earned 120 months (10 years) of creditable service before retirement (except occupational disability); and spousal qualifications based on above requirements for employee/retiree. In order to.o~ address the funding requirements of this pension increase, a one-time lump sum payment of $195,000 was designated from the FY1995 year- end fund balance. The attached budget ordinance appropriates $195,000 in the Honorable Mayor and Members of City Council November 13, 1995 Page 2 General Fund, account number 001-004-9110-1105, to be transferred to the City of I~oanoke Pension Plan. I recommend your approval of this budget ordinance. JDG:s Attachment C; W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Doris Peters, I~etirement Administrator /r Director of Finance MARY E PARKER, CMC/AAE Ci~ Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-I536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 20, 1995 File #27-183-102-405-514 Stewart W. Hubbell Vice President Mattem & Craig, Inc. 701 First Street, S. W. Roanoke, Virginia 24011 Dear Mr. Hubbell: I am enclosing copy of Resolution No. 32745-111395 authorizing execution of Amendment No. 2 to the City's contract with Mattem & Craig, Inc., Consulting Engineers, dated August 6, 1992, for additional engineering services in connection with replacement of the Walnut Avenue Bridge (#1816) over the Roanoke River, in the amount of $58,300.00. Resolution No. 32745-111395 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1995. No. 32745-111395. A RESOLUTION authorizing the execution of an amendment to the City's contract with Mattem & Craig, Inc., for additional engineering services in connection with the replacement of the Walnut Avenue Bridge (#I 816) over the Roanoke River. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager is hereby authorized to execute for and on behalf of the City, upon form approved by the City Attorney, Amendment Number 2 to the City's contract with Mattern & Craig, Inc., Consulting Engineers, dated August 6, 1992, in order to- provide for additional engineering services related to the replacement of the Walnut Avenue Bridge (# 1816) over the Roanoke River. 2. Such amendment shall provide for services as set forth in the report to this Council dated November 13, 1995 and the cost of these additional services shall be $58,300.00. ATTEST: City Clerk. MARY E PARKER, CMC/AAE CiW Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 18, 1995 File #27-183-102-405-514 Wilson L. Dickerson, Jr. Vice-President W. C. English, Inc. P. O. Box P-7000 Lynchburg, Virginia 24505 Dear Mr. Dickerson: I am enclosing copy of Ordinance No. 32744-111395 accepting the bid of W. C. English, Inc., in the total amount of $1,493,056.20, for replacement of the Walnut Avenue Bridge (#1816) over the Roanoke River, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. Ordinance No. 32744-111395 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. MARY E 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: (540) 981-2541 Fax: (540) 224-3145 S,~NDRA H. EAKIN Deputy City Clerk November 18, 1995 File #27-183-102-405-514 John W. Douthat, Vice-President Allegheny Construction Co., Inc. 2830 Nicholas Avenue, N E. Roanoke, Virginia 24012 M. M. Branch, Vice-President Branch Highways, Inc. P. O. Box 40004 Roanoke, Virginia 24022 M. Phillip Burleigh, President Burleigh Construction Co., Inc. P. O. Box 289 Concord, Virginia 24538 David R. Graham, Vice-President Fairfield Bridge Co., Inc. P. O. Box 479 Fisherville, Virginia 22939 William H. Robertson, President, Robertson Construction Co., Inc. P. O. Box 607 Salem, Virginia 24153 Gentlemen: I am enclosing copy of Ordinance No. 32744-111395 accepting the bid of W. C. English, Inc., in the total amount of $1,493,056.20, for replacement of the Walnut Avenue Bridge (#1816) over the Roanoke River, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. Ordinance No. 32744-111395 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. Allegheny Construction Co., Inc. Bra~ch 'Highways, Inc. Burleigh Construction Co., Inc. Fairfield Bridge Co., Inc. Robertson Construction Co., Inc. November 20, 1995 Page 2 On behalf of the City of Roanoke, I would like to express appreciation for submitting your bids on the abovedescribed project. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THECOUNCILOF THE CITY OF ROANOKE, VIRGINI& The 13th day of November, 1995. No. 32744-111395. AN ORDINANCE accepting the bid of W.C. English, Incorporated, for the replacement of the Walnut Avenue Bridge (#1816) over the Roanoke River, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of W. C. English, Incorporated, made to the City in the total amount of~ $1,493,056.20 for the replacement of the Walnut Avenue Bridge (#1816) over the Roanoke River as is more particularly set forth in the report to this Council dated November 13, 1995, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual dally 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, VIRGINIA The 13th day of November, 1995. No. 32743-111395. AN ORDINANCE to amend and reordain certain sections of the 1995-96 Sewage Treatment and Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the city of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1995-96 Sewage Treatment and Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Sewage Treatment Fund Appropriations Capital Outlay Walnut Avenue Bridge (1) .................. Sewage Treatment Plant Expansion Bonds 94 i~i]]] CaPital Pro4eots Fund Streets and Bridges Walnut Avenue Bridge (3) ........................ 1) Appropriated from Bond Funds 2) Appropriated from Bond Funds 3) Appropriated from General Revenue (003-056-8474-9001) (003-056-8465-9001) (008-052-9684-9003) $ 157,025 (157,025) 631,482 $ 20,586,048 157,025 13,780,882 12,683,496 1,895,931 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. November 13, 1995 Council Report No. 95-199 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: BID COMMITTEE REPORT WALNUT AVENUE BRIDGE (#1816) OVER ROANOKE RIVER I concur with the Bid Committee recommendation relative to the above project and recommend it to you for appropriate action. Respectfully submitted, W. Robert Herbert City Manager WRH/JG B/kh Attachment: Bid Committee Report 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 Commissioner of Revenue November 13, 1995 Council Report No. 95-199 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: BID COMMITTEE REPORT WALNUT AVENUE BRIDGE (#1816) OVER ROANOKE RIVER We, the undersigned Bid Committee, hereby submit the attached report for your consideration. William F. Clark kit B. Kiser Charles M. Huffi'ne U~~' WW/JGB/kh Attachment: Bid Committee Report 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 Commissioner of Revenue November 13, 1995 Council Report No. 9§-199 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT WALNUT AVENUE BRIDGE (#1816) OVER ROANOKE RIVER Backqround on the subject in chronological order is as follows: A. Walnut Avenue Bridqe over the Roanoke River was built in the 1890's. The bridge was raised to match the grade of the new bridge over the railway tracks in the 1920's. C. Last major work was done in 1977 when the bridge was painted. Inspection of the bridge is made on an annual basis. In the last several years, inspection has determined that the major components of the bridge are in marginal or poor condition, and the recommendation has been made that the bridge needs to be replaced. Eo Load rating analysis was performed in November, 1993. The posted limit has been reduced from 10 tons to 8 tons. This reduction limits the use of the bridge. Project was properly advertised and bids were publicly opened and read aloud by D. Darwin Roupe, Manager, Office of Supply Management, on Tuesday, October 17, 1995, for Walnut Avenue Bridge (#1816) Over Roanoke River. Six (6) bids were received with W. C. English, Incorporated, submitting the Iow bid in the amount of $1,493,056.20. Amendment No. 2 to the Engineering Services Agreement for inspection and administration of construction will be required of Mattern & Craig, Inc. in the amount of $58,300. Construction time for the project is 365 days. Traffic detour routes will be developed and published before construction begins. Honorable Mayor and Members of City Council BID COMMITTEE REPORT WALNUT AVENUE BRIDGE (#1816) OVER ROANOKE RIVER November 13, 1995 Page 2 II. Current situation is as follows: A. Bridge repair proiect has been bid and now needs to be constructed. B. Project consists of replacing the bridqe structure. C. Portion of the new Roanoke River interceptor sewer, which was designed for increased sewage flow, was included in the project (135 feet of 66 inch pipe) for ease of construction under the new bridge. III. Issues in order of importance are as follows: A. Cost B. Funding IV. Alternatives. in order of feasibility are as follows: Authorize the City Manager to execute a unit price contract, in a form approved by the City Attorney, with W. C. English, Incorporated in the amount of $1,493,056.20 and 365 calendar days for completion, with a project contingency of $147,000, and execute Amendment No. 2 in the amount of $58,300 to the Engineering Services Agreement with Mattern & Craig, Inc. dated August 6, 1992 (Ordinance No. 31164- 080692) in a form approved by the City Attorney. Amount of agreement with Amendments No. 1 and No. 2 will be $352,900. 1. Cost of construction contract is 9% below engineer's estimate. 2. Fundinq will be provided as follows: Capital Fund Walnut Avenue Bridge account no. 008-052-9684 Sewage Treatment Fund 1994 Sewage Treatment Plant Expansion/System Improvements account no. 003-056-8465-9001 Transfer to Capital Projects Fund Account #001-004-9310-9508 ~909,849 157,025 631,482 Honorable Mayor and Members of City Council BID COMMITTEE REPORT WALNUT AVENUE BRIDGE (#1816) OVER ROANOKE RIVER November 13, 1995 Page 3 Do not authorize the City Manaqer to execute a contract with W. C. English, Incorporated and execute Amendment No. 2 with Mattern & Craig, Inc. Cost would be based on future bids and Amendment No. 2 would not be required at this time. 2. Fundinq would remain in present accounts. Recommendation is as follows: City Council concur in alternative "A" and take the following actions: Authorize the City ManaRer to execute a unit price contract with W. C. English, Incorporated for Walnut Avenue Bridge (#1816) Over Roanoke River in the amount of $1,493,056.20 and authorize a project contingency of $147,000. Authorize the City Mana.qer to execute Amendment No. ? to the Engineering Services Agreement with Mattern & Craig, Inc. in the amount of $58,300. Transfer $157,025 from Sewage Treatment Fund account number 003- 056-8465-9001, 1994 Sewage Treatment Plant Expansion/System Improvements, to a new account to be established by the Director of Finance in the Sewage Treatment Fund entitled "Walnut Avenue Bridge". Do Appropriate 9631,482 from Transfer to Capital Projects Fund Account Number 001-004-9310-9508 to "Walnut Avenue Bridge" Account Number 008-052-9684. E. Reiect the other bids received. Honorable Mayor and Members of City Council BID COMMITTEE REPORT WALNUT AVENUE BRIDGE (#1816) OVER ROANOKE RIVER November 13, 1995 Page 4 JGB/kh Attachment: Tabulation of Bids 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 Commissioner of Revenue TABULATION OF BIDS WALNUT AVENUE BRIDGE (#1816) OVER ROANOKE RIVER Bids opened by D. D. Roupe, Manager, Office of Supply Management, on Tuesday, October 17, 1995, at 2:00 p.m. Contractor Bid Amount W. C. English, Incorporated $1,493,056.20 Allegheny Construction Co., Inc. 1,514,471.50 Branch Highways, Inc. 1,999,999.00 Robertson Construction Co., Inc. 2,052,673.50 Burleigh Construction Co., inc. 2,076,960.70 Fairfield Bridge Co., Inc. 2,235,467.88 Engineers Estimate: $1,657,400 Office of the City Engineer Roanoke, Virginia 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 20, 1995 File #27 Wayne A. Dixon, President Dixon Contracting, Inc. P. O. Box 108 Fincastle, Virginia 24090 E. C. Pace, III, President E. C. Pace Co., Inc. P. O. Box 12685 Roanoke, Virginia 24027 Philip V. Prillaman, President Prillaman & Pace, Inc. P.O. Drawer 4667 Martinsville, Virginia 24112 Stephen C. Rossi, President S. C. Rossi & Co., Inc. 1410 - 16th Street, S. E. Roanoke, Virginia 24014 Don Dye, Vice-President J. P. Turner & Bros., Inc. P. O. Box 20041 Roanoke, Virginia 24018 Gentlemen; I am enclosing copy of Ordinance No. 32747-111395 accepting the bid of Aaron J. Conner General Contractor, Inc., in the total amount of $153,851.00, for the Lick Run Sewer Replacement Project LR-3, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. Ordinance No. 32747-111395 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. Dixon Contracting, Inc. E. C. Pace Co., Inc. Prillaman & Pace, Inc. S. C. Rossi & Co., Inc. J. P. Turner & Bros. Inc. November 20, 1995 Page 2 On behalf of the City of Roanoke, I would like to express appreciation for submitting your bids on the abovedescribed project. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP: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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deput~ City Clerk November 20, 1995 File #27 Larry G. Conner, Sr., President Aaron J. Conner General Contractor, Inc. P. O. Box 6068 Roanoke, Virginia 24017 Dear Mr. Conner: I am enclosing copy of Ordinance No. 32747-111395 accepting the bid of Aaron J. Conner General Contractor, Inc., in the total amount of $153,851.00, for the Lick Run Sewer Replacement Project LR-3, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. Ordinance No. 32747-111395 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THECOUNC~ OF THECITY OF ROANOKE, VIRGINI~ The 13th day of November, 1995. No. 32747-111395. AN ORDINANCE accepting the bid of Aaron J. Conner, General Contractor, Inc., for the Lick Run Sewer Replacement Project LR-3, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Aaron J. Conner, General Contractor, Inc., in the total amount of $153,851.00, for the Lick Run Sewer Replacement Project LR-3, as is more particularly set forth in the November 13, 1995 report to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office oftbe City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Coundl. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. IN THE CODICIL OF THE CITY OF The 13th day of November, 1995. No. 32746-111395. AN ORDINANCE to amend and reordain certain sections of the 1995-96 Sewage Treatment Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1995-96 Sewage Treatment Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Capital Outlay Lick Run Replacement LR-3 (1) ..................... $ 20,760,899 174,851 Retained E&rnin~e Retained Earnings - Unrestricted 1) Appropriated from General Revenue 2) Retained Earnings - Unrestricted (003-056-8475-9003) (003-3336) (2) .............. $ 174,851 (174,851) $ 18,833,257 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. November 13, 1995 Council Report No. 95-200 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: BID COMMITTEE REPORT LICK RUN SEWER REPLACEMENT PROJECT LR-3 I concur with the Bid Committee Report recommendations relative to the above referenced project and recommend it to you for appropriate action. Sincerely, W. Robert Herbert City Manager WRH/JGB/fm CC: City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities & Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts & Fixed Assets Budget Administrator Manager, Supply Management Commissioner of Revnue November 13, 1995 Council Report No. 95-200 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: BID COMMITTEE REPORT LICK RUN SEWER REPLACEMENT PROJECT LR-3 We, the undersigned Bid Committee, hereby submit the attached report for your consideration. Respectfully submitt~:~, /..~ &Shn H. ~arrott Kit B. Kiser Charles M. Huffi~e WW/JG B/fm Attachment: Bid Committee Report CC: City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities & Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Accountant, Contracts & Fixed Assets Manager, Supply Management Commissioner of Revenue November 13, 1995 Council Report No. 95-200 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of City Council: Subject: BID COMMITTEE REPORT LICK RUN SEWER REPLACEMENT PROJECT LR-3 I. Backqround on the subject in chronological order is as follows: LR-3 Sewer Replacement is part of the City of Roanoke's ongoing Infiltration/Inflow (1\1) program as required by Special Consent Order dated August 10, 1992. Project was properly advertised and bids were publicly opened and read aloud by D. Darwin Roupe, Manager of Supply Management, on Tuesday, October 17, 1995, for Lick Run Sewer Replacement Project LR-3. Six (6) bids were received with Aaron J. Conner, General Contractor, Inc., submitting the Iow bid in the amount of $153,851.00. Sewer Replacement Proiect LR-,3 will reduce the groundwater infiltration into the sewer system. II. Current situation is as follows: Sewer replacement proiect has been bid and now needs to be constructed. Proiect consists primarily of replacing 1,860 feet of sewer line along its existing alignment and profile and restoring all disturbed areas to a satisfactory condition. The project is located north of the Fairland Lakes area. III. Issues in order of importance are as follows: A. Cost B. Funding Honorable Mayor & Members of City Council BID COMMITTEE REPORT LICK RUN SEWER REPLACEMENT LR-3 November 13, 1995 2of3 IV. Alternatives in order of feasibility are as follows: Authorize the City Manager to execute a unit price contract in a form approved by the City Attorney, with Aaron J. Conner, General Contractor, Inc., in the amount of.$153,851.00 with 120 calendar days for completion with a project contingency of $16,000.00 and $5,000.00 for interfund billing for contract administration and inspection. Cost is 12.8% higher than the Engineer's estimate but was competitively bid and is considered reasonable. Funding is available in the Sewer Fund Retained Earnings account. Do not authorize the City Manaqer to execute a contract with Aaron J. Conner, General Contractor, Inc. 1. Cost would be based on future bids. Funding would remain in the Sewer Fund Retained Earnings Account. V. Recommen~dation is as follows: City Council concur in Alternative "A" and take the following actions: Authorize the City Manager to execute a unit price contract with Aaron J. Conner, General Contractor, Inc., for the Lick Run Sewer Replacement Project LR-3 in the amount of $153,851.00 and authorize a project contingency of $16,000.00 and $5 000.00 for interfund billing for contract administration and inspection. Appropriate $174,851.00 from Sewer Fund Retained Earnings to a new account to be established by the Director of Finance in the Sewer Fund called Lick Run Replacement LR-3. C. Reject the other bids received. WRH/JGB/fm Attachment: Tabulation of Bids Honorable Mayor & Members of City Council BID COMMITTEE REPORT LICK RUN SEWER REPLACEMENT LR-3 November 13, 1995 3of3 CC; City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities & Operation City Engineer Assistant to the City Manager for Community Relations Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Supply Management Commissioner of Revenue TABULATION OF BIDS LICK RUN SEWER REPLACEMENT PROJECT LR-3 Bids were opened in Supply Management on Tuesday, October 17, 1995, at 2:00 p.m. COMPANY AMOUNT Aaron J. Conner, General Contractor, Inc. $153,851.00 J. P. Turner & Bros., Inc. $166,828.50 Dixon Contracting, Inc. $189,335.00 Prillaman & Pace, Inc. 9192,777.00 E. C. Pace Company, Inc. 9222,758.00 S. C. Rossi & Co., Inc. 9249,750.00 Estimated Cost: 9134,200.00 Office of City Engineer Roanoke, Virginia October 17, 1995 MARY E 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: (540) 981-2541 Fax: (540) 224-3145 November 20, 1995 SANDRA H. EAKIN Deputy City Clerk File #514 The Honorable Arthur B. Crush, III Clerk of Circuit Court Roanoke, Virginia Dear Mr. Crush: I am enclosing copy of Ordinance No. 32704-111395, for proper recordation in your office, amending the conditions of Ordinance No. 32219-111494, permanently vacating, discontinuing and closing that portion of Baker Avenue, between 25th Street and 30th Street, N. VV., subject to certain conditions. Ordinance No. 32704-111395 was adopted by the Council of the City of Roanoke on first reading on Monday, October 23, 1995, also adopted by the Council on second reading on Monday, November 13, 1995, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eno. pc: T. L. Plunkett, Jr., Attorney, Plunkett, Logan & Oehlschlaeger, 720 Shenandoah Building, Suite 300, 305 First Street, S. W., Roanoke, Virginia 24011-1983 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.~. Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 18, 1995 File #514 T. L. Plunkett, Jr., Attorney Plunkett, Logan & Oehlschlaeger 720 Shenandoah Building, Suite 300 305 First Street, S. W. Roanoke, Virginia 24011-1983 Dear Mr. Plunkett: I am enclosing copy of Ordinance No. 32704-111395 amending the conditions of Ordinance No. 32219-111494, permanently vacating, discontinuing and closing that portion of Baker Avenue, between 25th Street and 30th Street, N. W., subject to certain conditions. Ordinance No. 32704-111395 was adopted by the Council of the City of Roanoke on first reading on Monday, October 23, 1995, also adopted by the Council on second reading on Monday, November 13, 1995, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. T. L. Plunkett, Jr. November 20, 1995 Page 2 Jeanne Sanborn, Agent, Real Estate and Contract Services, Norfolk Southern Corporation, 110 Franklin Road, S. E., Roanoke, Virginia 24042-0059 Neva J. Smith, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Mr. Steve Cocanougher, 14 - 27th Street, N. W., Roanoke, Virginia 24017 Mr. Timothy J. Sarver, P. O. Box 11781, Roanoke, Virginia 24022 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director, Real Estate Valuation Kathy Brickey, Appraiser Aide, Real Estate Valuation Ronald H. Miller, Building Commissioner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1995. No. 32704-111395. AN ORDINANCE amending the conditions of Ordinance No. 32219- 111494, permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. WHEREAS, the Council, by Ordinance No. 32219-111494, closed and vacated that portion of Baker Avenue, N.W., between 25th Street and 30th Street, N.W., subject to certain conditions; and WHEREAS, Comachi Corporation filed an application to the Council of the City of Roanoke, Virginia, in.accordance with law, requesting Council to amend the conditions of Ordinance No. 32219- 111494; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by S30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on October 23, 1995, after due and timely notice thereof as required by S30-14, Code of the City of Roanoke (1979), as amended, et which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appeared from the foregoing that the land proprietors affected by the action requested by Comachi Corporation had been properly notified; and WHEREAS, that no inconvenience would result to any individual or to public from taking the action sought by Comachi Corporation; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that Ordinance No. 32219-111494 be amended to provide that the closure referenced in Ordinance No. 32219-111494 is conditioned upon applicant's submitting to the City, receiving approval of, and recording a subdivision plat, providing for the disposition of the land within the right-of-way, to be vacated, in a manner consistent with the requirements of Chapter 31, Subdivision, of the City Code, and providing for the retention of appropriate easements, together with the right of public passage over the same, for the purpose of construction, repair and general maintenance of any and all utilities that may exist within said right-of-way. from all of the foregoing, the Council considered the BE IT FURTHER ORDAINED that in the event that the conditions of Ordinance No. 32219-111494, as amended, have not been met, and the subdivision plat referenced in that Ordinance, as amended, has not been recorded in the Office of the Clerk of Circuit Court within twelve (12) months from the effective date of this ordinance, this ordinance shall become null and void with no further action by City Council being necessary. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "per~mmnently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of- way is shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FINALLY ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of Comachi Corporation, and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. Roanoke City Planning Commission October 23, 1995 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: Request from Comachi Corporation, represented by T. L. Plunkett, Jr., Attorney, that a condition of the closure of a portion of Baker Avenue, N.W., closed by Ord. No. 32219-111494, be amended. I. Background: Application is a request to anaend Ord. No. 32219-111494, as previously adopted on November 14, 1994. Ordinance as adopted provided for the closure and vacation of a two-block section of Baker Avenue, N.W. (see attached Map A), subject to certain specific conditions. Bo Conditions as set forth in the subject ordinance required the applicant to provide for the following: "The applicant shall submit to the City, for its review and approval, receive approval of, and record with the Clerk of Circuit court, a subdivision plat providing thereon for the following: The disposition of the land within the right-of-way in a manner consistent with the requirements of Chapter 31, Subdivisions of the City Code (1979), as amended. The retention of appropriate easements, together with the right of public passage over the same, for the purpose of construction, repair and general maintenance of any and all utilities that may exist within said right-of- way. The dedication of land sufficient in size to provide for the construction of a public turnaround at the terminus of 30th Street, N.W. The applicant shall construct a public turnaround at the terminus of 30th Street, N.W., in accordance with current City standards and specifications and shall further submit to the agent to the Commission a plan and profile of said turnaround for the City's review and approval prior to the commencement of construction." Room162 MunicipalBuilding 215ChurchAvenue, S.W. Roanoke, Virginia24011 (703)981-2344 Honorable Mayor and City Council Page 2 Title search made by the applicant, subsequent to the City's adoption of Ord. No. 32219-111494, revealed that under the provisions of state law (Section 15.1-483), upon closure and vacation by the City of the subject section of Baker Avenue, N.W., title to the land therein, vested entirely in the owners of the property abutting the opposite side of the subject fight-of-way (Norfolk and Southern Railway). A_trglicant was thereby required to negotiate a further agreement with the Norfolk and Southern Railway Company to enable him to acquire one-half of the vacated right-of-way. In order for the applicant to obtain this section of fight-of-way, he was further required to construct a parallel and additional access and roadway on and adjacent to the Norfolk and Southern Railway property. II. Current Situation: Aonlication was reviewed by the Planning Commission at its regular meeting of October 4, 1995. Application is a request for the City to amend the conditions set forth in Ord. No. 32219-111494, in particular, and specifically, to delete therefrom the following conditions: "providing for dedication of land sufficient in size to provide fo~ the construction of a public turnaround at the terminus of 30th Street, N.W., and constructing a public turnaround at the terminus at 30th Street, N.W., in accordance with City standards and specifications, and applicant shall submit to the agent to the Commission the plan and profile of said turnaround for review and approval prior to commencement of construction." Staff recommendation to the Planning Commission concerning the need for a public turnaround was based on the City's fight-of-way boundary lines as shown on sheet No. 241 of the City's official appraisal maps. This. map sheet incorrectly shows the public fight-of-way of 30th Street, N.W., terminating at its juncture with the subject Baker Avenue, N.W. (see attached Map A). Re_~rt presented to the Planning Commission on September 7, 1994, advised the Commission that "closure of Baker Avenue, N.W., between 25th Street and 30th Street will create a dead-end fight-of-way at the terminus at 30th Street, N.W." This advice was based on an incorrect assumption on the part of City staff. Closure and vacation of the subject section of Baker Avenue, N.W., will not create a dead-end street. The actual fight-of-way boundary at 30th Street, N.W., continues across all old spur railway line and intersections with another open and developed public right-of-way which is another section of Baker Street that extends in a westerly direction (see attached Map B from appraisal map sheet no. 251). Honorable Mayor and City Council Page 3 extends in a westerly direction (see attached Map B from appraisal map sheet no. 251). III. Issues: A. Community impact. B. Traffic immct. C. Utilities within the public rieht-0f-way, D. Creation of a dead-end street. E. Land use. F. Relationship to the compreben~iv¢ plato IV. Alternatives: A. A_r~_ rove the applicant's request to amend the conditions as set forth in Ord. No. 32219-111494, as recommended and described in Part V. of this report. 1. Community impact. Amended conditions will have no adverse affect or impact upon the adjacent community. 2. Traffic immqt, Amended conditions will have no affect on existing or future traffic needs in the area. 3. Utilities within the public right-of-way will not be an issue. 4. Land ~ will not be an issue. 6. Relationship to the comprehensive plan will not be an issue. B. Deny the applicant's request to amend the conditions as set forth in Ord. No. 32219-111494, and as described in the subject application. 1. Communi _ty impact. Land on which the subject turnaround would have to be built is currently owned by the Roanoke Redevelopment and Housing Authority (RRI-IA) (see attached Map B, tax parcels 2410301 and 302). Construction of a turnaround at this location would therefore impact on other property owners in the community. Honorable Mayor and City Council Page 4 Traffic im_mct. Construction of a turnaround at the juncture of 30th Street and the vacated section of Baker Avenue, N.W., would not in anyway improve traffic movement in the area. Utilities within the public fight-of-way. Easements have already been retained for all utilities within the public right-of-way of the vacated section of Baker Avenue, N.W. This condition will not be amended. Creation of a dead-end street. Amendment of the conditions as requested will not result in the creation of a dead-end street. Land use. Amendment of the conditions as requested will be consistent with sound land use practices. Relationship to the comprehensive plan. The request is consistent with the intent of the comprehensive plan that available land should be used in the most appropriate manner. V. Recommendation: Planning Commision by a vote of 6 to 0 recommends that City Council approve Alternative A, thereby approving the applicant's request to amend the conditions as described and set forth in Ord. No. 32219-111494, to provide for the deletion of the following specific conditions: "providing for dedication of land sufficient in size to provide for the construction of a public turnaround at the terminus of 30th Street, N.W., and constructing a public turnaround at the terminus at 30th Street, N.W., in accordance with City standards and specifications, and applicant shall submit to the agent to the Commission the plan and profile of said turnaround for review and approval prior to commencement of construction." All other conditions shall remain intact as previously set forth in Ord. No. 32219- 111494. JRM:ERT:mpf attachments Respectfully submitted, Carolyn H. Coles, Chairman Roanoke City Planning Commission Honorable Mayor and City Council Page 5 CC' Assistant City Attorney City Engineer Building Commissioner Attorney for the Petitioner MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFHCE OF THF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia ;24011-1536 Telephone: (703) 981-2541 September 5, 1995 File #514 SANDRA H. EAKIN D~puty City Clerk Carolyn Hayes-Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application from T. L. Plunkett, Jr., Attorney, representing Comachi Corporation, requesting an amendment to Ordinance No. 32219-111494 adopted by the Council of the City of Roanoke on Monday, November 14, 1994, in conjunction with vacating, discontinuing and dosing a portion of Baker Avenue between 25th Street and 30th Street, N.W. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm a/baker Enc. pc: The Honorable Mayor and Members of the Roanoke City Council T. L. Plunkett, Jr., PlunkeR, Logan & Oehlschlaeger, Shenandoah Building, Suite ~o 0, 305 First Street, S. W., Roanoke, Virginia 24011-1983 hn R. Marlles, Agent, City Planning Commission Ronald H. Miller, Building Commissioner. Steven J. Talevi, Assistant City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Application of Comachi Corporation to Amend Ordinance No. 32219-111494 APPLICATION FOR AMENDING ORDINANCE NO. 32219-111494 VACATING, DISCONTINUING AND CLOSING BAKER AVENUE BETWEEN 25TH STREET AND 30TH STREET MEMBERS OF CITY COUNCIL: Comachi Corporation filed its application to vacate Baker Avenue between 25th Street and 30~h Street, N.W., after which the proper proceedings were held, the proper notices were given and Council adopted its Ordinance No. 32219-111494 on November 14, 1994, vacating that portion of Baker Avenue, N.W., between 25th Street and 30th Street. That ordinance also provided the following: BE IT FURTHER ORDAINED that the closure of the above-described right-of-way is conditioned upon applicant's submitting to the City, receiving approval of, and recording a subdivision plat, providing for the disposition of the land within the right-of-way, to be vacated, in a manner consistent with the requirements of Chapter 31, ~, of the City Code, and providing for the retention of appropriate easements, together with the right of public passage over the same, for the purpose of construction, repair and general maintenance of any and all utilities that may exist within said right-of-way~ providing for dedication of land sufficient in eize to provide .for the construction of a public turnaround at the terminus of 30th Street, N.W.~ and constructing a public turnaround at the terminus of 30th Street, N.W., in accordance with City standards and specifications, and Applicant shall submit to the -1- Agent to the Commission the plan and profile of said turnaround for review and approval prior to commencement of construction; and in the event these conditions have not been met and the said plat has not been recorded in the Office of the Clerk of Circuit Court within twelve (12) months from the effective date of this ordinance, this ordinance shall become null and void with no further action by City Council being necessary. It has been determined that if it is not impossible it is at least impractical and undesirable to comply with that portion of the ordinance "providing for dedication of land sufficient in size to provide for the construction of the public turnaround at the terminus of 30th Street, N.W.;, and constructing a public turnaround at the terminus of 30th Street, N.W .... Comachi Corporation, by counsel, hereby applies to have the aforesaid Ordinance No. 32219-111494 amended by deleting therefrom that portion of the same stating "...providing for dedication of land sufficient in size to provide for the construction of the public turnaround at the terminus of 30th Street, N.W.; and constructing a public turnaround at the terminus of 30~h Street, N.W., in accordance with City standards and specifications.- Comachi Corporation states that the grounds for this appli~ation are as follows: (1) After careful study, it is believed that it is actually im~osaihle for Comachi Corporation to provide for dedication cf land sufficient in size to provide for the construction of a permanent turnaround at the terminus of 30th -2- Street, N.W., and actually construct a public turnaround at the terminus of 30th Street, N.W. If it is not actually impossible, it is certainly impractical and undesirable to do the same. (2) The rights of no property owner and of no citizen will be adversely'affected by the amendment of the ordinance as requested. WHEREFORE, Comachi Corporation respectfully requests that Ordinance No. 32219-111494 of City Council adopted November 14, 1994, be amended as herein provided and that if it is deemed necessary or proper, the provisions of Section 15.1-364 of the Code'of Virginia and Section 30-14 of the Code of the City of Roanoke (1979), as amended, be followed. Respectfully, COMACHI CORPORATION T. L. Plunke~t, Jr. Plunkett, Logan & Oehlschlaeger, Shenandoah Building,' Suite 300 305 First Street, S.W. Roanoke, Virginia 24011-1983 P.L.C. -3- ( TO THE CITY CLERK OF THE CTI'Y OF ROANOKE, VIRGINIA PERTAINING TO T~TE STREET AND A! r ~:y CLOSURE REQUEST OF: Requesl from COIVlACHI Corporation thai Baler Avenue, be. tw~en 25th and 30th Street, N.W., be ~ ¢lo~xi. ) AFFIDAVIT COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiaat, Ma~ Pace Franklin, first bein~ duly fa,om, sta~ tl~t sh~ Secr~u-/of the R~nok~ City plannin~ Commission, and ~ suO is compe~nt to ~ ~ a~davit ofh~r own personal knowted~. Affidavit $~ that. pursuant to th~ provisions of of Virginia. (1950), as amended, on bet~ff of ti~ Planning Commi~oo of the Chy of R~no~, she h~ s~nt by t'lrsI-~l~s mail o~ the 2~h day of Au~.st. ~994, noti~s of a publio hearing to be held on the 7th day of Sepmmber, 1~94, on ti~ closm~ c~p~oned ~bov~ ~o t~m owner or a~ent of the Mu'eeLs fi~wl below it t~ei: la.~ known eddz~s: ~h~11042{) 'v ..... VA 24017 Norfolk ,~hern ~i,,,, g Il. Jeff~-~o Str~e~ Roanok~ VA 2~016 [.,/ 2410301 Rmnolm ~ and Ho~n~ P.O. Box 63~9 tlum~h Authority Rmmol~ VA 2~10310 SU~CRIB~D AND SWORN m b~om m~, · Nma~ Public, ia ~ ~ of R~o~ ~ ~A~ l~. //. F~ i I I I , IN THE COUNCIL OF THE CITY OF ROANOKE, The 14th day of November, 1994. No. 32219-111494. VIRGINIA, AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. WHEREAS, Comachl Corporation, filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by S30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and W~EREAS, a public hearing was held on said application by the City Council on October 10, 1994, after due and timely notice thereof as required by S30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforde~ an opportunity to be heard on said application; and WHE~, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public ~tght-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any Individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That portion of Baker Avenue, N.W., between 2$th Street and 30th Street, N.W., be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City'of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any public utility, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. 2 BE IT FURTHER ORDAINED that the closure of the above-described right-of-way is conditioned upon applicant's submitting to the City, receiving approval of, and recording a subdivision plat, providing for the disposition of the land within the right-of-way, to be vacated, in a manner consistent with the requirements of Chapter 31, Subdivision, of the City Code, and providing for the retention of appropriate easements, together with the right of public passage over the same, for the purpose of construction, repair and general maintenance of any and all utilities that may exist within said right-of-way;~providin~ for dedication of land sufficient in size to provide f~r the construction of a public turnaround at the terminus of 30th Street, end uc a public turnaround at the terminus of 30th Street, N.W., in accordance with City standards and specifications, and Applicant shall submit to the Agent to the Commission the plan and profile of said turnaround for review and approval prior to commencement of construction; and in the event these conditions have not been met and the said plat has not been recorded in the Office of the Clerk of Circuit Court within twelve (12) months from the effectiv~ date of this ord~n_n_~_snce, this ordinance shall become null and void with no further action by City Council being necessaL7. BE IT FUllER ORDAINED that the City Engineer be, and he is, directedtumark "per~anently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of- way is shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FINALLY ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books 'of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of Comachi Corporation, and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. 4 LO' MAP A~ z 80 25~OZOG /.q& Ac DOAH AVE. LEGF-klO ¸09-- I I I o. 49A" ~' / / / ./ I I I I I / / 0 LAND COMPA~,'~ ~LOCK, L'~D HELD U~DE~ ~' 2.5 lO 5DCa ~. ~'~--~ MAP B Roanoke Times & World-News Publisher s Fee $../.O.~.: .g.~. STATE OF VIRGINIA ~ Affidavit CITY OF ROANOKE~ to wit: I, (the undersigned), an authorized representative of the TIMES-WORLD CORPORATION, which corpo- ration is publisher of The Roanoke Times & World- News, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates:.../.0.././..~./..~.~. ~.../O/o~. !/~.5~'.. Wimess, this .'~ dayof. ~-~~C~lgna~ure NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, October 23, 1995, at 3:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of amending a condition of the closure of a portion of Baker Avenue, N.W., closed by Ordinance No. 32219-111494. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this . 12~h day of 0ctob~r , 1995. Mary F. Parker, City Clerk. Publish in the Roanoke Times and World-News, once on Saturday, October 14, 1995, and once on Saturday, October 21, 1995. Send publishers affidavit to: Send bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 T. L. Plunkett, Jr., Attorney 305 First Street, S. W. Roanoke, Virginia 24011 CITY OF ROANOKE, VIRGINIA PERTAINING TO THE STREET CLOSUI~ REQUEST Comachi Corporation to change conditions of ordinance closing a ) portion of Baker Avenue, N.W. )AFFIDAVIT COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-431, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 25th day of September, 1995, notices of a public hearing to be held on the 4th day of October, 1995, on the closure captioned above to the owner or agent of the parcels listed below at their last known address: Parcel .Owner, Agent or Occupant Norfolk Southern Corporation 2410301 through 2401310 2410315 Roanoke Redevelopment and Housing Authority Steve Cocanougher 2401316 2410401 2410414- 2401419 Timothy J. Sarver Not on Real Estate System Address 8 North Jefferson S~eet Roanoke, VA 24016 110 Franklin Road Roanoke, VA 24011 P. O. Box 6359 Roanoke, VA 24017 14 -27th Street, I'qqg Roanoke, VA 24017 P. O. Box 11781 Roanoke, VA 24022 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 25th day of September, 1995. , ,a, ~ ! Notary ~hblic / My Commission Expires: ¢;I~Z/ 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 5, 1995 File #514 SANDRA H. EAKIN Deputy City Clerk Carolyn Hayes-Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of' an application from T. L. Plunkett, Jr., Attorney, representing Comachi Corporation, requesting an amendment to Ordinance No. 32219-111494 adopted by the Council of the City of Roanoke on Monday, November 14, 1994, in conjunction with vacating, discontinuing and closing a portion of Baker Avenue between 25th Street and 30th Street, N.W. Sincerely, Mary F, Parker, CMC/AAE City Clerk MFP:sm a/baker Enc. pc; The Honorable Mayor and Members of the Roanoke City Council T. L. Plunkett, Jr., Plunkett, Logan & Oehlschlaeger, Shenandoah Building, Suite 300, 305 First Street, S. W., Roanoke, Virginia 24011-1983 John R. Marlles, Agent, City Planning Commission Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Application of Comachi Corporation to Amend Ordinance No. 32219-111494 APPLICATION FOR AMENDING ORDINANCE NO. 32219-111494 VACATING, DISCONTINUING AND CLOSING BAKER AVENUE BETWEEN 25TH STREET AND 30TH STREET MEMBERS OF CITY COUNCIL: Comachi Corporation filed its application to vacate Baker Avenue between 25th Street and 30th Street, N.W., after which the proper proceedings were held, the proper notices were given and Council adopted its Ordinance No. 32219-111494 on November 14, 1994, vacating that portion of Baker Avenue, N.W., between 25th Street and 30th Street. That ordinance also provided the following: BE IT FURTHER ORDAINED that the closure of the above-described right-of-way is conditioned upon applicant's submitting to the City, receiving approval of, and recording a subdivision plat, providing for the disposition of the land within the right-of-way, to be vacated, in a manner consistent with the requirements of Chapter 31, Subdivision, of the City Code, and providing for the retention of appropriate easements, together with the right of public passage over the same, for the purpose of construction, repair and general maintenance of any and all utilities that may exist within said right-of-way; providing for dedication of land sufficient in size to provide for the construction of a public turnaround at the terminus of 30th Street, N.W.; and constructing a public turnaround at the terminus of 30th Street, N.W., in accordance with City standards and specifications, and Applicant shall submit to the -1- Agent to the Commission the plan and profile of said turnaround for review and approval prior to commencement of construction; and in the event these conditions have not been met and the said plat has not been recorded in the Office of the Clerk of Circuit Court within twelve (12) months from the effective date of this ordinance, this ordinance shall become null and void with no further action by City Council being necessary. It has been determined that if it is not impossible it is at least impractical and undesirable to comply with that portion of the ordinance "providing for dedication of land sufficient in size to provide for the construction of the public turnaround at the terminus of 30th Street, N.W.;, and constructing a public turnaround at the terminus of 30th Street, N.W .... " Comachi Corporation, by counsel, hereby applies to have the aforesaid Ordinance No. 32219-111494 amended by deleting therefrom that portion of the same stating "...providing for dedication of land sufficient in size to provide for the construction of the public turnaround at the terminus of 30th Street, N.W.; and constructing a public turnaround at the terminus of 30th Street, N.W., in accordance with City standards and specifications.,, Comachi Corporation states that the grounds for this application are as follows: (1) After careful study, it is believed that it is actually impossible for Comachi Corporation to provide for dedication of land sufficient in size to provide for the construction of a permanent turnaround at the terminus of 30th --2-- Street, N.W., and actually construct a public turnaround at the terminus of 30th Street, N.W. If it is not actually impossible, it is certainly impractical and undesirable to do the same. (2) The rights of no property owner and of no citizen will be adversely affected by the amendment of the ordinance as requested. WHEREFORE, Comachi Corporation respectfully requests that Ordinance No. 32219-111494 of City Council adopted November 14, 1994, be amended as herein provided and that if it is deemed necessary or proper, the provisions of Section 15.1-364 of the Code of Virginia and Section 30-14 of the Code of the City of Roanoke (1979), as amended, be followed. Respectfully, COMACHI CORPORATION T. L. Plunkett, Jr. Plunkett, Logan & Oehlschlaeger, Shenandoah Building, Suite 300 305 First Street, S.W. Roanoke, Virginia 24011-1983 P.L.C. -3-