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HomeMy WebLinkAboutCouncil Actions 11-13-89REGULAR (Bowles) 29837 WEEKLY SESSION ...... ROANOKE CITY COUNCIL November 13, 1989 7:30 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Mayor Taylor was absent. The invocation will be delivered by The Reverend Frank W. Feather, Pastor, Forest Park Baptist Church. Present. The Pledge of Allegiance to the Flag of the United States of America will be led by Vice-Mayor Beverly T. Fitzpatrick. Presentation by Council Member Elizabeth T. Bowles. PUBLIC HEARINGS Public hearing on the request of Mr. & Mrs. William D. Roe, Jr., that conditions proffered in conjunction with the rezoning of two parcels of land located on Hawthorne Road, N. W., containing 0.253 and 0.217 acre, described as Lots 4A and 5A, Airlee Court, Official Tax Nos. 2190408 and 2190409, be amended. Mr. William B. Hopkins, Jr., Attorney. Adopted Ordinance No. 29837 on first reading. (6-0) Public hearing on the request of Roanoke Real Exchange Corporation that a tract of land lying in Block 23, Lot 1, Washington Heights, Official Tax No. 2761501, containing .15 acre, more or less, located at 3834 Virginia Avenue, N. W., be rezoned from RS-3, Residential Single Family, Medium Density District, to C-1, Office District, subject to certain conditions proffered by the petitioner. Mr. Gene D. Lucas, Spokesman. Adopted Ordinance No. 29838 on first reading. (6-0) Public hearing on the request of the National Associa- tion of Letter Carriers, Branch 524, that a tract of land containing 1.55 acre, abutting an industrial district, located at 1015 Georgia Avenue, N. E., described as Lots i - 8, inclusive, Block 6, Fairmont, Official Tax No. 3061401, be rezoned from RM-1, Residential Multi-Family, Low Density District, to C-l, Office District, subject to certain conditions proffered by the petitioner. Mr. Donald L. Wetherington, Attorney. Adopted Ordinance No. 29839 on first reading. (6-0) (i) Public hearing on the request of Ms. Melissa E. Kane and Mr. David D. Beidler that an alley 25 feet wide and approximately 656.75 feet long, alongside the western border of property located at 929 Mountain View Terrace, S. ~., along the back property lines of those property owners on the west side of said alley, and leading from Mountain View Terrace to Norwich Park, be permanently vacated, discontinued and closed. Mr. David D. Beidler, Spokesman, Adopted Ordinance No. 29840 on first reading. (5-1, Mrs. Bowles voting no. Public hearing on the request of the City of Roanoke that the segment of Hunter Viaduct as it currently extends from its intersection with Jefferson Street and Salem Avenue, S. E., first in a northerly direction from a position at existing ground elevation and thence continuing in an easterly direction in a position at, and above, existing ground elevations, to a point of intersection with the westerly right-of-way boundary at the existing overhead bridge at Williamson Road, S. E., be permanently vacated, discontinued and closed to traffic. Mr. W. Robert Herbert, City Manager. No Action. CONSENT AGENDA (Approved 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DIS- CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 C-2 Minutes of the regular meetings of Council held on Monday, June 5, 1989; Monday, June 12, 1989; Monday, June 19, 1989; and Monday, June 26. 1989. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. A report of the City Manager requesting an Executive Session to discuss and consider the use of real property for public purpose and the disposition of publicly held property, specifically the use and disposition of such properties in connection with potential downtown development, pursuant to Section 2.1-344 (A) (3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss and consider the use of real property for public purpose and the disposition of publicly held property, specifically the use and disposi- tion of such properties in connection with (2) C-3 C-4 C-5 potential downtown development, pursuant to Section 2.1-344 (A) (3), Code of Virginia (1950), as amended. The Executive Session was conducted during the 5:30 p.m., Special Meeting of Council. A communication from Council Member David A. Bowers recom- mending the formulation of a "visitation school" to help divorced parents learn how to deal with the problems of coordi- nating visitation with their children. RECOMMENDED ACTION: Refer to the City Manager for review, report and recommendation to Council within 120 days· Qualification of Mr. Paul V. Childress, Jr., as a member of the Board of Adjustments and Appeals, Building Code, for a term of five years ending September 30, 1994. RECOMMENDED ACTION: Receive and file. Qualification of Mr. Thomas L. Robertson as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term of four years, ending June 30, 1993. RECOMMENDED ACTION: Receive and file. REGULAR AGENDA Hearing of Citizens Upon Public Matters: Request to address Council with regard to certain proposed regulations at the Roanoke Regional Airport. Mr. Michael M. Carey, Thrifty Car Rental. Mr. Carey expressed concern with regard to a proposed eight percent gross receipts tax by the Roanoke Regional Airport Commission on off airport car rental companies for the right to use public airport roads; however, no such action is proposed for similar users such as hotel courtesy vans or taxi-cabs. The remarks of Mr. Carey were referred to the Airport Commission for further study. Mr. Jack L. Hartman, President, Northwest Revitalization Group, presented petitions signed by approximately 1,500 persons in the Roanoke Valley in support of extending Peters Creek Road from Melrose Avenue to Brandon Avenue as proposed by the Virginia Department of Transportation, thereby improving traffic access between northwest and southwest Roanoke. (3) e Petitions and Communications: (1) A communication from Mr. Gordon E. Peters, City Treasurer, requesting that Council prescribe the sum for the City Revenue Bond required of the City Treasurer, and approve surety so that the new bond may be executed on or before December 31, 1989. Referred to the City Manager for study, report and recommendation to Council. (2) A report of the City Attorney with regard to the above communication. Received and filed. Reports of Officers: a. City Manager: Briefings: None. Items Recommended for Action: A joint report of the City Manager and Director of Finance recommending certain revenue adjustments in the Fiscal Year 1989-90 budget. Adopted Ordinance No. 29841-111389. was out of the Council Chamber.) (5-0, Mrs. Bowles A report with regard to selection of a health insurance provider following expiration of the current contract on December 31, 1989. Adopted Ordinance No. 29842-111380. (6-0) A report recommending that Crestar Bank be authorized to place holiday decorations on City-owned trees in Colonial Plaza for the period November 24, 1989 through January 15, 1990. Adopted Resolution No. 29843-111389. (6-0) (a) A report recommending execution of an Administra- tive Agreement for a Multi-Family Rehabilitation Loan Program, and arrangements for administration of said program. The matter was referred to the City Attorney for preparation of the proper measure with the understanding that Council will receive a full briefing on the program prior to adoption of the proposed measure. (4) (b) A communication from Council Member David A. Bowers with regard to the above report. Received and filed. A report recommending award of a lump sum services contract to Mattern & Craig, P.C., Consulting Engineers, in the amount of $15,000.00, to evaluate current and future storm drain needs for the Statesman Industrial Park area and the outfall storm drain system along Route 460; and transfer of funds therefor. Adopted Ordinance No. 29844-111389 and Ordinance No. 29845-111389. (6-0) A report concurring in a report of the Bid Committee recommending acceptance of the bid submitted by Berglund Chevrolet, Inc., in the amount of $148,961.20, for providing ten new automobiles for use by the Police Department; and appropriation of funds therefor. Adopted Ordinance No. 29846-111389 and Ordinance No. 29847-111389. (5-0, Mr. Bowers abstained from voting.) Reports of Committees: None. Unfinished Business: None. Introduction and Consideration of Ordinances and Resolutions: Ordinance No. 29824, on second reading, authorizing the execution of Amendment No. I to Short Term CDBG Float Loan Agreement, with Downtown Associates and Dominion Bank, in order to provide for the extension of the term of the loan, upon certain terms and conditions. Adopted Ordinance No. 29824-111389. (5-0, Fitzpatrick abstained from voting.) Vice-Mayor Ordinance No. 29825, on second reading, to amend and reordain certain sections of the 1989~90 Grant Fund Appropriations. Adopted Ordinance No. 29825-111389. (8-0) Ordinance No. 29829, on second reading, amending Article III, Sewer Use Standards, of Chapter 26, Sewers and Sewage Disposal, of the Code of the City of Roanoke (1979), as amended, by amending and reordaining §26-43, Definitions, subsections (b) and (i) of §26-44, General requirements, §26-45, Prohibited discharges generally, subsection (b) of §26-46, Discharge of heavy metals and toxic materials, subsection (a) of §26-56, Discharge permits for industrial waste, and adding new subsections (c) and (d) to §26-66, (5) ge Penalty for violations, of Article III, Sewer Use Standards, of Chapter 26, Sewers and Sewage Disposal, such code amendments and additions improving and increasing the protection program for the City's publicly owned treatment works. Adopted Ordinance No. 29829-111389. (6-0) Ordinance No. 29830, on second reading, providing for the purchase of two pickup trucks for use by the City, upon certain terms and conditions, by accepting a bid made to the City for furnishing and delivering such equipment; and rejecting other bids made to the City. Adopted Ordinance No. 29830-111389. (5-0, Mr. Bowers abstained from voting.) Ordinance No. 29831, on second reading, providing for lease of two (2) motor vehicles for use by the Sheriff's Department, upon certain terms and conditions, by accepting a bid made to the City for the lease of such vehicles· Adopted Ordinance No. 29831-111389. (5-0, Mr. Bowers abstained from voting.) Ordinance No. 29832, on second reading, accepting the bid of Montgomery Tank Lines made to the City for transporta- tion of pickle liquor from Yorkville, Ohio, to Roanoke, Virginia, for the period of November 1, 1989, to October 31, 1990; and rejecting all other bids made to the City. Adopted Ordinance No. 29832-111389. (6-0) Ordinance No. 29833, on second for furnishing deicing salt to other bids. reading, accepting a bid the City; and rejecting Adopted Ordinance No. 29833-111389. (6-0) Ordinance No. 29834, on second reading, authorizing execu- tion by the proper City officials of certain quitclaim deeds in connection with the vacation of street right-of- way located at Troxell Street, S. E., upon certain terms and conditions. Adopted Ordinance No. 29834-111389. (6-0) Ordinance No. 29835, on second reading, authorizing transfer of the Veterans' Park property from the City of Roanoke to the Commonwealth of Virginia, upon certain terms and conditions. Adopted Ordinance No. 29835-111389. (6-0) (6) 10. Motions and Miscellaneous Business: Inquiries and/or comments by the Mayor and Council. Vacancies on various authorities, boards, committees appointed by Council. Other Hearings of Citizens: Members of City commissions and Roanoke City Architectural Review Board November 13, 1989 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Application of the City of Roanoke to vacate, close, discontinue and abandon the W. P. Hunter Memorial Bridge (Hunter Viaduct) Background: Hunter Viaduct as requested for closure extends from an intersection with Jefferson Street and Salem Avenue, S.E., to an intersection with the westerly right-of-way boundary of the existing Williamson Road bridge. Railway Crossing at Jefferson Street (prior to 1954) was viewed by the City as a considerable problem and impediment to north/south traffic access to and from the downtown area. Ce Construction of the viaduct was implemented in 1954 in conjunction with the removal and reconstruction of what was generally referred to as the "Randolph Street Bridge" (current Williamson Road overhead bridge). Extension of the Hunter Viaduct from the new Williamson Road overhead bridge was intended for the purpose of eliminating the existing traffic problems related to the then-existing Jefferson Street railway crossing, thereby providing an improved north/south traffic access to serve the downtown area. Room 355 Municipal Building 215 Church Avenue, SW Roanoke, Virg,nia 24011 (703) 981 2344 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, IN RE: Application of the City ) of Roanoke, for vacating, ) closing, discontinuing ) and abandoning for traffic ) the W. P. Hunter Bridge ) APPLICATION TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE VIRGINIA: The CITY OF ROANOKE, VIRGINIA (hereinafter "the City"), applies to have the W. P. Hunter Bridge (hereinafter referred to as the "HUnter Viaduct"), in the City, permanently vacated, closed, discontinued and abandoned for traffic PUrsuant to Section 15.1-364 of the Code of Virginia (1950), as amended, and Section 30-14, of the Code of the City of Roanoke (1979), as amended. The real estate which is subject to this ApPlication is more Particularly described on the map attached (Exhibit A con- sisting of Parts I and II of Right of Way maps entitled "Plan and Profile of Proposed State Highway") and as follows: That segment of Hunter Viaduct as it currently extends from its intersection with Jefferson Street and Salem Avenue, S. ~., first in a northerly direction from a position at existing ground elevation and thence con- tinuing in a easterly direction in a Position at, and above, existing ground elevations, to a point of inter- section with the westerly right-of-way boundary at the existing overhead bridge at Williamson Road, S. ~. The City states that the grounds for this Application are as follows: 1. The City of Roanoke wishes to construct or have con- structed a public parking facility, a pedestrian bridge over the Norfolk Southern Corporation,s right-of-way, and a plaza, and to convey a portion of its property for private development (herein- after referred to as "the Project") on and over much of the real estate over which the Hunter Viaduct spans. 2. All of th~ real estate lying underneath HUnter Viaduct is either owned by the City or is the subject of an easement granted by Norfolk Railway, currently known as Norfolk Southern Corporation, in favor of the City. (See Exhibit A, Exhibit B, consisting of a Deed of Easement from Norfolk Railway to the City of Roanoke dated April 1, 1954, and Exhibit C, consisting of Right of Way Data.) closing, demolition, of the Hunter Viaduct. 4. If the Application is granted, to obtain a Certificate of Architectural Review Board Viaduct, request permission The construction of the Project discontinuing and abandoning for requires the vacating, traffic, and eventual the City will undertake Appropriateness from the Roanoke City for the demolition of the Hunter from the Norfolk Southern Corporation to remove that portion of the Hunter Viaduct which the City wishes to be vacated, closed, discontinued and abandoned for traffic and which lies within the Norfolk Southern Corporation's right-of- way, and effectively reroute traffic affected by the vacating, closing, discontinuing and abandoning of the Hunter Viaduct. 5. The City and the Virginia Department of Transportation are preparing plans for the construction of a loop road system to - 2 - provide for a more efficient traffic routing system in the down- town area. If the Application is granted, all traffic lane and traffic routine changes in the downtown system needed to provide for an orderly traffic dispersal system will be implemented by. the City prior to any Physical closure of HUnter Viaduct. 6. If the City fails to reach satisfactory agreement with all necessary Parties providing for the construction of the Pro- Ject within a Period of one year of the date of the ordinance providing for the vacation, closure, discontinuance and abandon- ment for traffic of the Hunter Viaduct, then said ordinance should become null and void with no further action necessary by City Council. WHEREFORE, the City respectfully requests that the W. P. Hunter Bridge be vacated, closed, discontinued and abandoned for traffic by the Council of the City of Roanoke, Virginia, in accordance with Section 15.1-364 of the Code of Virginia (1950), as amended, and Section 30-14 of the Code of the City of Roanoke (1979), as amended. Respectfully submitted, CITY OF ROANOKE, VIRGINIA W. Robert Herbert, Y Mana~e~ - 3 - EXHIBIT ! I I I J X ~..~,, r~' ~7111~ ¢1 ~ \ ~? ATION' ,~ JEFFERSON Office of the City CJerk October 26, 1989 File #514 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am a~taching copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant the request of the City of Roanoke that the segment of ~unter Viaduct as it currently extends from its intersection with Jefferson Street and Salem Avenue, S. E., first in a northerly direction from a position at existing ground elevation and thence con- tinuing in an easterly direction in a position at, and above, existing ground elevations, to a point of intersection with the westerly right-of-way boundary at the existing overhead bridge at Williamson Road, S. ~., be permanently vacated, closed, discon- tinued and abandoned for traffic. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular ,neeting held on Monday, 4pril 6, 1981, a public hearing on the abovedescribed request has been set for Monday, November 13, 1989, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor of the Municipal 8uilding, 215 Church Avenue, S. W. For your information, I am also enclosing copy of a notice of the public hearing. The Ordinance will be prepared by Mr. Steven J. Talevi, Assistant City Attorney, and will be forwarded to you under separate cover at a later date. Questions with regard to the City Planning Commission report should be directed to Mr. John R. Marlles, Chief of Community Planning, at 981-2344. Sincerely, Mary F. Parker, CMC~ J~ City Clerk MFP:ra PUBLIC54 Eric . Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Mr. W. Robert Rerbert October 26, 1989 Page 2 pc: Church Avenue, S. W., Roanoke, H. Milan, 106 South Jefferson 24011 T. ~illiams, 102 Salem Avenue, 24011 Relish Realty, 120 Virginia 24011 Mr. & Mrs. Joseph Street, Roanoke, Virginia Mr. & Mrs. John S. E., Roanoke, Virginia Virginia Holding Corporation, P. 0. Box 12508, Roanoke, Virginia 24026 Mr. W, Robert Herbert, City Manager Mr. ~ilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney The Honorable Jerome S. Howard, Jr., Commissioner of Revenue Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Michael M. Waldvogel, Chairman, City Planning Commission Mr. ~. Elwood Norris, Chairman, Board of Zoning Appeals Mr. ~illiam F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles ~. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Edward R. Tucker, City Planner Ms. Doris Layne, Office of Real Estate Valuation DISCLOSURE STATEMENT I, Beverly T. Fitzpatrick, Jr., City of Roanoke. I am also an Bankshares. a~Vicer~ayor.~of the employee of Dominion This disclosure relates to a public hearing held by City Council on November 13, 1989, at which the issue was closure of the Hunter Viaduct. Such closure may facilitate the construction of a private office build- ing in which Dominion Bankshares may lease office space. I am able to participate in this transaction fairly, objectively and in the public interest. I understand, however, that, based on the foregoing facts, a business group of which I am a member may be perceived to be affected by my participation in this public hearing. Although I have been advised that the closure of Hunter Viaduct is an issue that affects the public generally, this declaration is, nevertheless, being filed out of an abundance of caution and upon the advice of the City Attorney. This declaration shall be filed by the City Clerk among the permanent papers of the City on or before the close of business on November 14, 1989, and shall be retained and made available for public inspection for a period of five (5) years from the date of filing. November 14, 1989 Beverly ~.~_~t~patri~k, Vice-Mayor Office of the Ci~ Manager November 9, 1989 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Taylor and Council Members: Subject: Closing of Jefferson Street Leg Hunter Viaduct There is scheduled for your upcoming meeting a public hearing on the issue of closing the Jefferson Street Leg of the Hunter Viaduct. This is a preliminary step to the potential removal of the viaduct in order to clear the site for the Dominion Tower project. City Council has previously indicated that it would not close the viaduct unless there were to be a project worthy of this significant action. I recognize that you have not approved the final agreements with Mr. Henry Faison related to the Dominion Tower Project and, therefore, no decision on closing the viaduct is anticipated at your upcoming meeting. It would be recommended that you merely conduct the scheduled public hearing and defer your decision until all other matters related to the Tower Project are ready to be acted upon. I will also request an executive session at your meeting on November 13, 1989 in order that members of the City administration can present you with information concerning the various contracts and agreements which will need to be considered by City Council at subsequent meetings. I anticipate we will be able to answer many of your questions concerning this project at that time. W. Robert Herbert City Manager WRH:WFC:pr cc: Mr. Wilburn C. Dibling, 3r., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. Brian J. Wishneff, Chief of Economic Development Mr. William F. Clark, Director of Public Works Room 364 Munl¢lpOl Builc~incj 215 Chu?ch Avenue S W Roanoke Virglma 24011 (703) 98t -2330 November 9, 1989 To the members of Roanoke City Council: Thio is to urge Council to preserve the Hunter Viaduct, named for and serving as a memorial to the firot and long-time city m=~ger of Roanoke. The viaduct not only serves the purpose for which it was built to eorrect the problem of heavy traffic from the north, but it enhances the beauty of downtown by providing an open view of the beautiful and historic Hotel Roanoke. For many years it has been the ol'ficial and private policy in Roanoke to restore and preserve, as much as possible, the original character of the city. Council recently bought s row of original buildings on Campbell Avenue to keep them from being razed. An attempt was made to preserve the facades of the original buildings when the bus station was built. Trees have been planted and hanging flower baskets have been put on the streets of downtown. The farmers ~ market is a tourist a-ttraction and a convenience to Roanokers. Downtown has been made mo attractive that an out-of-town promoter wants to build a skyscraper, an architectural misfit, on a choice site which will necessitate the destruction of the viaduct and other buildin~ that give charm to the area. The activity around such a huge office building will cause traffic congestion in the vicinity, the ~roblem of traff.~c from the north wi~lbe restored, and the building will destroy the view of the historic hotel. The chief advocate of this out-of-town project seems to he a banker whose interest is the multi-million-dollar loan. Anything that will make so radical a change in the character of Downtow~ Roanoke should be considered long and hard, and the wishes of the public shouid be respected, before a mistake is made that cannot be corrected. Erminie K. Wright 353 Highland Avenue, S.W. ~oanoke, Va. A*) NUMBER - 102623160 PUBLISHER'S FEm - $89,10 CITY OF ROANOKE 6/0 MARY F PARKER CITY CLERKS OFFICE ROOM ~5~ MUNICIPAL ROANOKE VA 24011 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVI[ CF PUSLICATIOH If (THE U~DERSIGHED) AN AUTHORIZED REPRESENTATIVE CF THE TiMES-WORLD COR- PORATION9 WHICH CORPORATION IS PUbLIsHER OF THE ROANO~ TIMES g WORLD-NEwS~ A DAILY NEWSPAPER PUbLISHeD IN RUANOKE~ IN THE STATE OF VIRGINIA, DO CERTIFY THAT THE ANNEXED NOTICE ~AS PUBLISHED IN SAID NEmSPAPERS Ol~ I~E FOLLOWING DATES 10/27/89 MORNING 11/03/89 MORNING WITNESS, THIS eTH DAY OF NOVEMBER 1989 W t~r Is ~ mltter NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, November 13, 1989, at 7:30 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 an application to permanently abandon, vacate, discontinue and close the following public right-of-way: That segment of Hunter Viaduct as it currently extends from its intersection with Jefferson Street and Salem Avenue, S. E., first in a northerly direction from a position at existing ground elevation and thence con- tinuing in a easterly direction in a position at, and above, existing ground elevations, to a point of inter- section with the westerly right-of-way boundary at the existing overhead bridge at Williamson Road, S. E. 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 and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 25th day of October , 19 89 Mary F. Parker, City Clerk. Please publish in full twice, once on Friday, October 27, 1989, and once on Friday, November 3, 1989, in the Roanoke Times & World News, Morning Edition. Please send publisher's affidavit and bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Office of the City Clerk September 18, 1989 File #514 Mr. Michael M. Waldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Waldvogel: Pursuant to Ordinance No. 25226, I am enclosing copy of an application from Mr. W. Robert Herbert, City Manager, repre- senting the City of Roanoke, requesting that the segment of Hunter Viaduct as it currently extends from its intersection with Jefferson Street and Salem Avenue, S. E., first in a northerly direction from a position at existing ground elevation and thence continuing in a easterly direction in a position at, and above, existing ground elevations, to a point of intersection with the westerly right-of-way boundary at the existing overhead bridge at Williamson Road, S. E., be permanently vacated, closed, discon- tinued and abandoned for traffic. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra ST.CLOSE54 Enc. pc: Mr. W. Robert Herbert, City Manager Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Edward R. Tucker, City Planner Mr. Steven J. Talevi, Assistant City Attorney Room 456 Municipol Building 2 t50nurch A'v~nue S.W. Roanc:~e, Virginia 24011 (703) 981-2541 TO THE CITY CLERK OF THE d~ ~bF RoANoK-E~, VIRGINIA The City of Roanoke, represented by W. Robert Herbert, City Manager, that the segment of Hunter Viaduct as it currently extends from its inter- section with Jefferson Street and Salem Avenue, SE, first in a northerly direction from a posi- tion at, and above, existing ground elevations, to a point of intersection with the westerly right-of-way boundary at the existing overhead bridge at Williamson Road, SE, be permanently vacated, discontinued, closed and abandoned. 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 Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 26th day of September, 1989, notices of a public hearing to be held on the 4th day of October, 1989, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 4010116 OWNERt AGENT OR OCCUPANT Relish Realty ADDRESS 120 Church Avenue Roanoke, VA 24011 4010114 City of Roanoke 4010113 Joseph H. & Ellis H. Milan 106 S. Jefferson St. 4010112 Roanoke, VA 24011 John T. and Betsy A. Williams 102 Salem Avenue, SE Roanoke, VA 24011 Virginia Holding Corporation P. O. Box 12508 Roanoke, VA 24026 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 26th day of September, 1989. Notary Publio/ My Commi~sio~ Expires: MINUTES CONSIDERED AT THIS COUNCIL MEETING ~Y BE RE¥IEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER, OR AT THE CITY CLERK'S OFFICE Office of the City Clerk November 15, 1989 File #467-132 Mr. ~. Robert Herbert City ,~anager Roanoke, Virginia Dear Mr. ~erbert: I am attaching copy of a communication from Council Member David A. Bowers recommending the formulation of a "visitation school" to help divorced parents learn how to deal with the problems of coordinating visitation with their children, which communication was before the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1989. On motion, duly seconded and adopted, the communication was referred to you for study, report and recommendation to Council with 120 days. Sincerely, , Mary F. Parker, C~C City Clerk MFP:ra Enc. Room456 MunicJpalBuJlding 215Church Avenue. S.W. Roanoke. Virginia 24011 (703)g81-2S41 Office of the Council November 6, 1989 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I've heard estimates that in the Roanoke area that one out of two marriages are breaking up in divorce. This statistic, if anywhere near the truth, is tragic in and of itself. However, we have seen and heard many instances where the tragedy of divorce rests greatest with the children who are torn between parents who have split up their marriages. On a network news program a few weeks ago, I saw a story about one city where a "visitation school" was established in order to help parents going through difficult times in divorce to learn how to deal with the problems of merely coordinating visitation between the children and the noncustodial parent. I can tell you, from my own experience as a general practitioner, and from hearing from my several friends who are in similar situations, that indeed, there is sometimes great conflict in merely setting up a reasonable system of visitation between the parents and the children. This just causes added conflict, anger and discontent among our young people, as well as their parents° By this letter, I would respectfully request that we ask our administration, through our director of social services, to con- sider the formulation of a "visitation school" to help those per- sons who might need to have some counseling and to learn self-help techniques in dealing with visitation crises. I believe this project might be helpful to those in our city who are going through the court system in divorce. This project should be contemplated with the assistance and advice of the Judges of the Circuit Court and the Juvenile and Domestic Relations District Court for the City of Roanoke, as well as the Family Law Section of the Roanoke Bar Association, and other groups in the Valley involved with family law issues. I envision this "visitation school'~ to be a system whereby we can direct those having problems to a counseling seminar in which they can express themselves, and learn from others how to deal with their estranged partners in helping to make the tragedy of divorce less onerous on their young children. Room 456 Municipal Building 215 C~urch Avenue, S.W. Roonoke, Virginia 2401 t (703) 98t-254t The Honorable Mayor and Members of the Roanoke City Council November 6, 1989 Page 2 I would respectfully request that this matter be placed on the Consent Agenda at the next regular meeting of Roanoke City Council, and thereafter, referred to the City Manager for his review, recommendation and report back to Council within one hundred and twenty days. Thank you all for your comments and consideration of this request. Best personal regards. Sincerely, David A. Bowers Council Member DAB:fa DAB54 Office of the City Clerk November 15, 1989 File #15-64 Mr. Ronald H. ~iller Building Commissioner Roanoke, Virgiaia Dear Ur. Hiller: This is to advise you that ~r. Paul V. Childress, Jr., has qualified as a member of the ~oard of ~djustments and Appeals, Building Code, for a term of five years ending September 30, 1994. gincerely, ~ ~4ary r. Parker, C~ Cil~y Clerk MFP:ra Room 456 MunicipaIeuiiding 215Church Avenue, S.W. Roanoke, Virginia 2a011 (703)981-2S41 0-2 Oafh or Affirmafi~h~ Of OffiCe 8tare oI Virolnia, Cit~ of Roanoke, to.wit: , do solemnly swear (or ~) ~t I w~l sup~ the Constitution of the United States, and the Constitution of the State of Virginia, and that I w~l faithfully and impa~ially discharge and perform all the duties incumbent upon me as · ~a~u~tq,~:,~, c~C~ Appea].~, ~t~ildinc3 Code~ for according to the best of my ability. So help me God. Subscribed andsworntobeforeu, e, this q~day~ oJ Off~ce of the CiW Cler~ October 4, 1989 File #15-64 Mr. Paul V. Childress, Jr. 2792 Beverly Boulevard, S. Roanoke, Virginia 24015 Dear Ur. Childress: At the regular meeting of the Council of the City of Roanoke held on ~onday, October 2, 1989, you were reelected as a member of the Board of ~djustments and Appeals, Building Code, for a term of five years ending September 30, 1994. Enclosed you will find a Certificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the ~unicipal Building prior to serving in the capacity to which you were reelected. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. Sincerely, ~ary F. Parker, C~IC City Clerk MFP:ra fac. pc: Mr. Ronald Commissioner Miller, Zoning Administrator/Building Room 456 Municipal Building 215 Church Avenue SW Pc:~noke V~rg,nia 24011 (703) 981-2541 COMMONWEALTH OF CITY OF ROANOKE VIRGINIA ) To-wi t: I, ~Yary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on of October, 1989, PAUL V. CHILDRESS, JR., was member of the Board of Adjustments and Appeals, for a term of five years ending September 30, and the Seal of the City of Roanoke 1989. the second day reelected as a Building Code, 1994. Given under my hand fourth day of October, this City Clerk Office of the City Clerk November 15, 1989 Fi le #15-429 ~r. F. ~iley Hubbell, Chairman Board of Trustees, City of Roanoke Pension Plan 3712 Peakwood Drive, S. W. Roanoke, Virginia 24014 Dear Mr. Hubbell: This is to as a member of the Plan, for a term of advise you that ~lr. Thomas L. Robertson has qualified Board of Trustees, City of Roanoke Pension four years, ending June 30, 1993. Sincerely, ~4ary F. Parker, CMC City Clerk MFP:ra Room 456 MunicilMIBuilding 215 Church Avenue. S.W. Roanoke. Virginia 24011 (703)981-2S41 Oath or Affirr atio q of Office start of Virginia, Cirri ot Roanoke, to .u~t: I, Thomas L. Robertson ~ do solemnly swear (or affirm) that I will support the Constitution of the United States. and the Constitution of the State of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a Member of the Board of Trustees, City of Roanoke Pension Plan, for a term of four years, ending June 30, 1993. according to the best of my ability. So help me God. Subscribed and sworn to before me, this Office of the City Clerk November 15, 1989 File #15-429 ~r. F. Wiley Hubbell, Chairman Board of Trustees, City of Roanoke Pension Plan 3712 Peakwood Orive, S. Roanoke, Virginia 24014 Dear ,~r. Hubbell: This is as a member of Plan, for a term to advise you that Ur. Thomas ~. Robertson has qualified the Board of Trustees, City of Roanoke Pension of four years, ending June 30, 1993. Sincerely /~ Nary F. Parker, ©V~C City Clerk MFP:ra Room 456 MunicipalAuilding 215 Church Avenue. $.W. Roanoke. Virginia 24011 (703)981-2541 Oath or affirq atio_q Ofl Office 8t, at~ o] Virginia, ~,i~l oI Roanoke. to .u~it: I, Thomas L. Robertson , do solemnly swear (or ~t~irm) th&t ! will support the Constitution of the United States, end the Constitution of the Stete of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a Member of the Board of Trustees, City of Roanoke Pension Plan, for a term of four years, end±rig June 30, 1993. according to the best of my ability. So help me God. 6~ ~(~7~ Subscribed and sworn to before me, thia .A~/~,f~_dav of' ,/~/~_~ x,x/~/~,~ Office of the City Clerk November 15, 1989 File #g Ur. W. Robert ~erbert, Chairman Roanoke Regional Airport Commission Roanoke, Virginia Dear Mr. ~erbert: At the regular meeting of the Council of the City of Roanoke held on ~onday, November 13, 1989, Mr. Michael M. Carey, Thrifty Car Rental, expressed concern with regard to a proposed eight percent gross receipts tax by the Roanoke Regional Airport Commission on off airport car rental companies for the right to use public air- port roads; however, no such action is proposed for similar users such as hotel courtesy vans or taxi-cabs. On motion, duly seconded and adopted, the remarks of ,Ur. Carey were referred to the Roanoke Regional Airport Commission for further study. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP:ra pc: Mr. Lee Garrett, Vice-Chairman, Roanoke Regional Airport Commission, P. O. Box 29800, Roanoke, Virginia 24018-0798 ~s. Jacqueline L. Shuck, Cxecutive Director, Roanoke Regional Airport, 5202 Aviation Drive, N. W., Roanoke, Virginia 24012 Room 456 MunicipaIBuilding 215 Church Avenue. S.W. Roanoke, Virginia 24011 (703)981-2~41 3695 Thidane Rd Roanoke VA 24019 (703) 563 8000 1 800 FOR.CARS November 1, 1989 The Honorable Noel C. Taylor and Members of City Council Office of the Council Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 Dear Mrs. Bowles and Gentlemen: Proposed regulations at Roanoke Regional Airport threaten the rights of consumers and would cause, if enacted, the probable failure of our business. The undersigned respectfully requests the opportunity to address this matter before the Council at 7:30 PM. Monday, November 13, 1989. Your consideration on our behalf will be greatly appreciated. Re,~ct ful l~r s, M~chael M. ~y MMC/ms Office of the City Clerk November 15, 1989 File #34-53B ~r. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of a communication from Mr. Gordon E. Peters, City Treasurer, requesting that Council prescribe the sum for the City Revenue Bond required for the City Treasurer, and approve surety in order that the new bond may be executed on or before December 31, 1989. On motion, duly seconded and adopted, the matter was you for study, report and recommendation to Council. Sincerely, Mary F. Parker, CMC City Clerk referred to MFP:ra Enc. pc: The Honorable Gordon E. Peters, City Treasurer ~r. Wilburn C. Dibling, Jr., City Attorney Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. D. Darwin Roupe, Manager, General Services and Room 456 MunicipalOuilding 215Church Avenue. S.W. Roanoke. Virginia 24011 (703)901-2541 GORDON E. PETERS TREASURER DAVID C. ANDERSON ASST. TREASURER POST OFFICE BOX 1451 ROANOKE, VIRGINIA 24007 (703) 981-2561 November 8, 1989 Honorable Mayor and Members of City Council Roanoke, Virginia Re: City Revenue Bond - $200,000 Dear Mayor Taylor and Members of City Council: On November 7, 1989 I was re-elected Roanoke City Treasurer for a four-year term commencing January 1, 1990. Section 37 of the City Charter reads in part, "The City Treasurer shall give bond in such sum as the Council may prescribe with surety to be approved by Council." I would like to request that City Council prescribe the sum for the City Revenue Bond, and approve surety so that the new bond might be executed on or before December 31, in order that I might be properly bonded beginning my new term. The present public officials bond is with the Travelers Indemnity Company, a cor- porate bonding company, of Hartford, Connecticut, and authorized to transact business as a surety in the Commonwealth of Virginia. This bond is in the amount of $200,000. I would appreciate your earliest consideration on this request. Gordon E. Peters Treasurer GEP/mvc cc: W. C. Dibling, Jr. Roanoke City Attorney WILBURN C. DIBLING, JR. CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING ROANOKE, VIRGINIA 24011-1595 November 13, 1989 WILLIAM X PARSONS MARK ALLAN WILLIAMS KATHERINE HOWE JONES STEVEN J. TALEVI &S$1STANT CITY Al'tORN EYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Faithful Performance Bond of City Treasurer Dear Mrs. Bowles and Gentlemen: Section 37 of the City Charter requires the City Treasurer to "...give bond in such sum as the Council may prescribe with surety to be approved by the Council, sufficient for the faithful discharge of the official duties in relation to the revenue of the City, and such other official duties as may be imposed upon him by this charter and the ordinances of the City." By letter of November 8, 1989, Gordon E. Peters, City Treasurer, has advised of his reelection and requested Council to establish the amount of the bond and approve the corporate surety. The present amount of the faithful performance bond required of the City Treasurer is $200,000.00. Review of the records in my own Office indicates that this amount has not been increased over the last sixteen years. I would, therefore, recommend that the question of the appropriate amount of the faithful performance bond be referred to the City Manager for review by the Risk Management Office in coordination with the Director of Finance. Once City Council has received the recommendation of the City Manager and agreed as to the appropriate amount of the bond, I will be pleased to prepare the appropriate reso- lution for adoption by Council. With kindest personal regards, I am WCDJr:fcf cc: The Honorable Gordon E. Peters, W. Robert Herbert, City Manager Joel M. Sincerely yours, City Attorney City Treasurer Sehlanger, Director of Finance Office of the City Clerk November 15, 1989 File #60 Yr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear ,Yr. Schlanger: I am attaching copy of Ordinance No. 29841-111389 amending and reordaining certain sections of the 1989-90 General and Capital Funds 4ppropriations, providing for certain revenue adjustments for fiscal year 1989-90. Ordinance No. 29841-111389 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1989. Sincerely, ~4ary F. Parker, C,~C City Clerk MFP : ra Enc. pc: ,Hr. W. Robert Herbert, City Manager Dr. Frank P. Torn, Superintendent 13145, Roanoke, Virginia 24031 of Schools, p. O. 6ox Room456 MunicipalBuilding 215Chutch Avenue. $. W. Ro4noke, Virginia 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of November, 1989. No. 29841-111389. AN ORDINANCE to amend and reordain certain sections of the 1989-90 General and Capital Funds 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 Roanoke that certain sections of the 1989-90 General Funds Appropriations, be, and the same are hereby, reordained to read as follows, in part: the City of and Capital amended and General Fund ADproDriations Education General Support (1) ................................ Non-departmental Residual Fringe Benefits (2). . Transfers to Other Funds (3).'''''.'''''''''''''''' Revenue General Property Taxes Personal Property Tax (4) .......................... Other Local Taxes Business & Occupational License (5) ................ Prepared Food and Beverage Tax (6) ................. Grants-in-Aid Commonwealth Other Categorical Aid (7) .......................... Charges for Current Services Health Charges (8) ................................. $61,659,303 12,085,880 13,773,154 1,480,951 11,327,489 $45,501500 1 185000 35 423 000 6 980 000 4 460 000 51 679 356 13 097 010 3 584 772 750 000 Capital Fund Appropriations Education Asbestos Abatement (9) ............................. Capital Improvement Reserve (10) ................... $ 8,404,990 648,520 4,809,857 1) Health Insurance 2) Hosp. Ins. 3 Transfer to Capital Proj. Fund 4 Current Year Personal Prop. Tax 5 Current Bus. License 6 Prepared Foods & Bev. Tax 7) Street Maintenance 8) City Home Medicaid Reimburs. 9) Approp. from Gen. Rev. 10) FY90 Revenue Adjustment 001-060-6002-6666-0204) 001-004-9110-1125 001-004-9310-9508 001-020-1234-0130) 001-020-1234-0220) 001-020-1234-0250) 001-020-1234-0650) 001-020-1234-0840) 008-060-6069-9003) (008-052-9575-9188) $ 275,000 163,951 1,574,703 1,185,000 380,000 359,000 29,654 60,000 648,520 926,183 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. November 13, 1989 FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger and W. Robert Herbert FY1990 Budget Adjustments Revenue estimates for the current budget year are developed 16-18 months in advance of collection dates for certain taxes. For example, revenue projections for FY1989 were made in January, 1988, and audited figures are not available until August, 1989. In reviewing the audited FY89 actual collections for certain General Fund taxes, we find that adjustments can and should be made at this time. Recommended Revenue Adjustmen~ Personal Property Tax This category has always been one of estimate due to the collection date of May (the each fiscal year. The history of personal collections for recent years are as follows: the hardest to llth month) of property tax Honorable Mayor and Members of City Council November 13, 1989 Page 2 Fiscal Amount Year Collected Percent Increase Over Previous Year 1985 $ 8,141,005 + 11.3% 1986 9,005,539 + 10.6% 1987 9,968,480 + 10.7% 1988 10,574,191 + 6.1% 1989 11,588,107 + 9.6% Our current budgeted revenue projection for FY90 is $11,100,000. Based on past collection history and a conservative increase of a 6% growth, the revised figure for FY90 is $12,285,000, or a $1,185,000 increase. The City Administration is establishing an internal task force to review all options to provide a more accurate information base on this key revenue source. Business and Occupational Licenses The strong growth of business in our City this past fiscal year allows us to adjust upward this tax source. The history of collections for recent years are as follows: Fiscal Amount Percent Increase Year Collected Over Previous Year 1985 $ 5,812,416 + 6.5% 1986 5,725,769 + (1.5%) 1987 5,943,583 + 3.6% 1988 6,274,542 + 5.6% 1989 6,678,819 + 6.4% A modest growth of 4.5% would provide a revenue estimate of $6,980,000, or an increase of $380,000. Honorable Mayor and Members of City Council November 13, 1989 Page 3 Prepared Food and Beverage Taw This tax has been in effect slightly over two years. Prepared Food and Beverage Tax has had only one full fiscal year of actual tax collection. FY88 was the first year of collections, but the tax was only in effect for eleven months. FY89 was the first full year of collections, and the actual amount collected was $4,212,115. Based on this actual collection and a projected growth rate of 6%, our revised estimate for FYg0 is $4,460,000, or an increase of $359,000. Street Construction This revenue estimate was adopted prior to final figures received from the Commonwealth. Since that time an actual figure has been received from the State Highway Department raising our estimate for FY90 from $6,035,907 to $6,065,561, an increase of $29,654. City Home Medicaid Pa~ment~ Increases in reimbursements for the adjustment of $60,000. Medicaid payments have resulted in larger City Nursing Home resulting in a revenue Honorable Mayor and Members of City Council November 13, 1989 Page 4 Summar~ - Increase Reco..uended in G~neral ~md Revenue,-. Category Personal Property Tax Business & Occupational Licenses Prepared Food and Beverage Tax Street Construction City Home Medicaid Payments Current Revised Estimate Estimate $11,100,000 6,600,000 4,101,000 6,035,907 690,000 $12,285,000 6,980,000 4,460,000 6,065,561 750,000 Increase $1,185,000 380,000 359,000 29,654 60,000 $2,013,654 Adopted Budget Revenue Total General Fund Revised Estimate Total General Fund Percentage Increase $140,124,434 $142,138,088 + 1.44% Recommended Utilization of Increase in General ~md Revenues It is recommended that the additional revenues be allocated as follows: School Administration ($923,520) This amount represents 48% of the additional revenues which come from local tax sources, i.e. Personal Property Tax, Business & Occupational Licenses and Prepared Food and Beverage Tax. This percentage is the same as that used Honorable Mayor and Members of City Council November 13, 1989 Page 5 in sharing additional local tax revenues in the development of the Fiscal Year 1989-90 General Fund budget. This additional funding will be allocated for the following purposes: Health Insurance ($275,000) Funding will be utilized to offset the increased cost of health insurance premiums for the most recently negotiated health insurance contract for School employees. Asbestos Removal ($648,520) - Funding will be utilized to remove the remainder of all Priority I friable asbestos in various School facilities. City Administration ($1,090,134) - This amount represents 52% of the additional revenues which come from local tax sources, i.e. Personal Property Tax, Business & Occupational Licenses and Prepared Food and Beverage Tax, plus other revenues generated from non-local sources. This percentage is the same as that used in sharing additional local tax revenues in the development of the Fiscal Year 1989-90 General Fund budget. This additional funding will be allocated for the following purposes: Honorable Mayor and Members of City Council November 13, 1989 Page 6 Health Insurance ($163,951) Funding will be utilized to offset the increased cost of health insurance premiums for the most recently negotiated health insurance contract for City employees. A separate accompanying report on this subject is included on City Council's agenda. Capital Improvement Program ($926,183) Funding will be utilized to partially fund the Capital Improvement Program which will be presented to City Council on January 8, 1990. The attached budget ordinance accomplishes the above recommendations, and we recommend its approval to you. City Manager JMS/W~H/kp Attachment cc: Dr. Frank P. Tota, School Superintendent Office of the City Clerk November 15, 1989 File #58-501 ~r. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. ~erDert: I am attaching copy of Qrdinance No. 29842-111389 authorizing execution of a contract and related documents with Blue Cross and Blue Shield of Virginia to provide group hospitalization and health insurance for employees of the City and members of their families. Ordinance No. 29842-111389 was adopted by the Council of the City of Roanoke at a regular meeting held on ~anday, November 13, 1989. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Enc. pc: ~r. S. Thomas ~lco, Managing Consultant, Blue Crass Blue Shield of Virginia, P. 0. Box 13047, Roanoke, Virginia 24015 Mr. Joel ~. Schlanger, Director of Finance ~r. ~eorge C. Snead, Jr., Director of ,~dministration and Public Safety Mr. Kenneth S. Cronin, Manager, Personnel Management Us. Jayne ,U. Smith, Benefits Coordinator Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 13th day of November, 1989. No. 29842-111389. VIRGINIA, AN ORDINANCE authorizing the execution of a contract and related documents with Blue Cross and Blue Shield of Virginia to provide group hospitalization and health insur- ance for employees of the City and members of their fami- lies; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of the City, to execute a contract with Blue Cross and Blue Shield of Virginia, for group hospitalization and health insurance for a term of one year beginning January 1, 1990, and ending December 31, 1990, and any other necessary and appropriate documents setting forth the obligations of each party thereto, and setting forth such terms as shall be consistent with the terms negotiated by and between the City and Blue Cross and Blue Shield of Virginia and described in a report to Council by the City Manager dated November 13, 1989, and the attachments thereto. Said contract shall be delivered, if possible, to the City not later than December 15, 1989, fully executed by Blue Cross and Blue Shield of Virginia and ready for execution by the City. Such contract and any other necessary and appropriate documents shall be in form approved by the City Attorney. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. Attest: City Clerk. Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Roanoke, Virginia November 13, 1989 SUBJECT: Selection of a Health Insurance Provider following the expiration of the current contract on December 31, .1589. BACKGROUND A. The present Comprehensive Health Insurance contract with Blue Cross and Blue Shield of Virginia (BC/~) expires December 31, 1989. City currently contributes rate. Be 90% towards single employee Specifications were developed to obtain competitive proposals for the City's Group Health Insurance including retirees ineligible for Medicare and under age 65. Request for Proposals were completed which included one and two year contracts for the existing Health Insurance Plan. All plans emphasized cost containment. Twenty-nine (29) agents/brokers were mailed Requests for Proposals on September 12, 1989. A listing of those agents/brokers is attached. (Attachment A) Advertisement of the Request for Proposals was published in the Roanoke Times and World News on September 10, 1989. Gm Two (2) responses for health insurance and one (1) response for vision care were received and publicly opened at 2:00 p.m. on Tuesday, October 10, 1989 in the Office of the Manager of General Services. II. CURRENT SITUATION Medical Costs have escalated in recent years causing a direct increase in health insurance premiums. Health insurance providers are projecting a 20% regional cost trend increase in 1990 assuming a break even point between premiums and claims experience. Claims Experience for the City of Roanoke in 1989 has been higher than premiums paid out. Claims paid out between September 1988 and August 1989 totaled $2,975,953 while premiums for the same time were $2,840,888. This year, the plan incurred 17 high dollar claims in excess of $20,000 totaling approximately $764,893. Last year, the plan had 12 claims exceeding $20,000 totaling $439,649. Honorable Mayor and City Council Page 2 Ce Health Benefits Awareness Committee members played an active role in reviewing the City proposed options. Upon adoption of rates, the Committee will play an important role in communicating plan information to employees in all departments. Retiree Health Care for those under age 65 is available under COBRA legislation which allows 18 months of continued coverage with the retiree paying the full group rate plus 2% for administrative costs. After 18 months, health care coverage becomes the responsibility of the retiree either through an individual policy or a policy offered through another group. Bid Committee was appointed by the City Manager to evaluate the current situation, review proposals and make recommendations. Ge Initial evaluations were made by the Bid Committee and the Department of General Services on the proposals. The health care proposals met specifications and one (1) proposal offered vision care coverage only. City Attorney has advised that, in accordance with the City of Roanoke procurement code, negotiations are permissible under Section 23.1-6 for the procurement of Health Insurance Services. Informational meetings were called with the two (2) health care companies to rank them according to the City's needs. Negotiations were conducted with the first ranked vendor, Blue Cross and Blue Shield of Virginia for health insurance following the guidelines of the City's procurement code. III. ISSUES A. Coverage B. Compliance with Specifications C. Retiree Health Care D. Qualifications of the Selected Health Care Company E. Cost F. Funding IV. ALTERNATIVES Council Approve the award of a contract for Health Care Insurance to Blue Cross and Blue Shield of Virginia for the period of one (1) year beginning January 1, 1990 and ending December 31, 1990 with a few new cost containment features. The City contribution would continue to be 90% of the "employee only" cost. Honorable Mayor and City Council Page 3 Coverage continues to provide for a comprehensive range of health maintenance benefits or "wellness" benefits such as well baby care while at the same time encouraging cost awareness. (See Attachment C) The following cost containment features have been added effective January 1, 1990: No transfer credit given to current or new employees who move from one BC/BS Plan to the City of Roanoke's BC/BS Plan. (No credit is currently given to employees who transfer from health insurance companies other than BC/BS.) No deductible carry-over for the last three months beginning in 1990. Currently BC/BS allows any deductible met in October, November and/or December to be carried over and applied to the following year. This change would eliminate this clause, beginning October 1990. 90 day lifetime maximum on inpatient substance abuse which is already limited to 30 days per contract year. Blue Cross and Blue Shield of Virginia complied with specifications of initial bid and responded to the negotiation process. Retiree Health Care will require a significant City contribution beginning on January 1, 1991 under the current funding arrangement, as mandated by BC/BS. This contribution is required by BC/BS to ensure that a sufficient pool of retirees will participate in the plan. Given the financial impact on the City and potential participants, a team will research the needs of this group and options available. Recommendations will be made in a report to the City Manager by July 1, 1990. Qualifications of the selected health care companies: a. Blue Cross and Blue Shield of Virginia Local marketing representatives to service the account by providing up-to-date information on benefits, trouble shooting problem areas and establishing a contact between physicians and employees. Established working relationship with the City and a clear understanding of the group's needs. Honorable Mayor and City Council Page 4 Cost a. be de Participating Network of doctors, hospitals and other providers of health care services that file and accept Blue Cross and Blue Shield's determination of the usual, customary, and reasonable fee as payment in full. Special Customer Service Unit to specifically handle City claim problems on a timely basis. "Lifestyle" newsletter - a new educational publication will be made available to employees quarterly to promote a wellness attitude. This benefit will be provided at no cost to the City by Blue Cross and Blue Shield of Virginia at a savings of $1,500 annually. Monthly rates remain constant for the period of the contract. The full rates are as follows: 1. Health Insurance Rates Employee - Employee/Child - Family - $134.46 193.66 314.70 EmDloyee Cost after City Contribution would be as follows: ADDITIONAL PROPOSED PROPOSED BI-WEEKLY MONTHLY BI-WEEKLY COST Employee $ 13.46 $ 6.73 $ 1.73 Employee/Child 72.66 36.33 6.26 Family 193.70 96.85 16.41 Present City contribution is $89.00 per participating employee per month. The new contribution based on "employee only" cost is $121.00 which represents a $32.00 increase per participating employee per month. Maximum Potential Cost - The annual premiums for one year are projected at $3,862,710 for health insurance based on the current enrollment data. Honorable Mayor and City Council Page 5 Budget ImDact - Annualized cost of the program to the General Fund for the fiscal year 1989-90 is $1,808,800 which represents $163,951 increase over the fiscal year 1988-89 budgeted amount of $1,645,549. The health contract must be renegotiated after the first six months of fiscal year 1989-90. Fundin~ is available in the Hospitalization Insurance Residual Fringe Benefit Account and in the General Fund to provide for the City's portion of the expense of this alternative. Council Approve the award of a contract for Health Care Insurance to Blue Cross and Blue Shield of Virginia for the period of one (1) year beginning January 1, 1990 and ending December 31, 1990 for coverage exactly like the present plan. The City contribution would continue to be 90% of the "employee only" cost. Coverage is the same as the current City plan without adding the new cost containment features. (See Attachment C) Blue Cross and Blue Shield of Virginia complied with specifications of initial bid and did respond to negotiation process. (Same as Alternative A) Retiree Health Care will require a significant City contribution beginning on January 1, 1991 under the current funding arrangement, as mandated by BC/BS. This contribution is required by BC/BS to ensure that a sufficient pool of retirees will participate in the plan. Given the financial impact on the City and potential participants, a team will research the needs of this group and options available. Recommendations will be made in a report to the City Manager by July 1, 1990. Qualifications of Blue Cross and Blue Shield of Virginia would remain the same as in Alternative A. 5. Cost Monthly rates would remain constant for the period of the contract. The full rates are as follows: 1. Health Insurance Rates Employee - Employee/Child - Family - $138.66 201.34 327.58 Honorable Mayor and City Council Page 6 Employee cost after City contribution would be as follows: ADDITIONAL PROPOSED PROPOSED BI-WEEKLY MONTHLY BI-WEEKLY COST Employee $ 13.66 $ 6.83 $ 1.83 Employee/Child 77.34 38.67 8.60 Family 203.58 101.79 21.35 Present City Contribution is $89.00 per participating employee per month. The new contribution based on "employee only" cost, is $124.00, a $35.00 increase per participating employee per month. Maximum Potential Cost - The annual premiums for one year would be $4,005,032 for health insurance based on current enrollment data. ee Budget Impact - Annualized cost of the program to the General Fund for the fiscal year 1989-90 is $1,838,200 which represents a $192,651 increase over the fiscal year 1989-90 budgeted amount of $1,645,549. The health contract must be renegotiated after the first six months of fiscal year 1989-90. Funding is available in the Hospitalization Insurance Residual Fringe Benefit Account and in the General Fund to provide for the City's portion of the expense of this alternative. (Same as Alternative A) RECO~4ENDATIONS Council Approve the award of the contract for Health Care Insurance to Blue Cross and Blue Shield of Virginia for the period of one (1) year beginning January 1, 1990 and ending December 31, 1990 for the coverage and rates described under Alternative A of this report, and under the terms and conditions contained in the City's present contract with such firm, except as otherwise noted in said report, and authorize the City Manager to execute the same in form as approved by the City Attorney and with the understanding that Blue Cross and Blue Shield of Virginia provide the City Manager with said contract, ready for execution no later than December 15, 1989. Honorable Mayor and City Council Page 7 WRH:jb CC: Bo Council Approve Alternative A and increase the City participation from $89.00 per employee per month to $121.00 per employee per month beginning in December of 1989. Funding of $150,000 was anticipated during the Fiscal Year 1989 Budget Study and provided in the Hospitalization Insurance Residual Fringe Benefit Account. The additional funding of $163,951 should be transferred from the General Fund to the Fringe Benefits Non-Departmental Account #001-004-9110-1125. Respectfully submitted, W. Robert Herbert City Manager George C. Snead Joel M. Schlanger Wilburn C. Dibling Kenneth S. Cronin Jayne M. Smith A~ACHMENT A INSURANCE BID LIST 1989 Bid Opening - September 12, Bid Number - 89-9-12 1989 Benefit Consultant Service Attn: Charles Lascola PO Box 6096 Newport News, VA 23606 Benefit Plan Administrators Attn: Arnold Masinter 101 South Jefferson Street Roanoke, VA 24011 Blue Cross & Blue Shield PO Box 13047 Roanoke, VA 24045 Blue Cross & Blue Shield PO Box 32070 Richmond, VA 23260 (TPA) CNA Attn: Bill Gable Silver Spring Metro Plaza 8403 Colesville Road Silver Spring, MD 20910 Chaney, Thomas Stephenson & Hill PO Box 1600 Roanoke, VA 24007 Charles Lunsford Attn: Frank B. Hall Co. PO Box 2571 Roanoke, VA 24010 D & S Life Insurance Attn: Bill Kite PO Box 629 Roanoke, VA 24004 Duke & Company PO Box 12225 Roanoke, VA 24023-2225 General American Life PO Box 470187 Charlotte, NC 28226-0187 Hartford Insurance Group 7800 Carousel Lane Richmond, VA 23229 Insurance Associates Attn: Carter Garrett PO Box 4607 Roanoke, VA 24015 Jefferson Pilot Life Ins. Attn: Group Department PO Box 29727 Greensboro, NC 27420 CO. Life Insurance Co. of Georgia Attn: Glenn Bowman 4530 Park Road, Suite 323D Charlotte, NC 28209 McDonough Caperton Employee Benefits Attn: Robert Earls PO Box 1300 Roanoke, VA 24006 Metropolitan Life Attn: Bob Fagg PO Box 4527 Roanoke, VA 24015 Mutual of New York 34 Campbell Avenue, SW, Roanoke, VA 24011-1302 Suite 110 Mutual of Omaha Insurance PO Box 20569 Roanoke, VA 24018 CO. National Capital Admin. Services Attn: Dave Kreager 3702 Pender Drive, Suite 200 Fairfax, VA 22030 New York Life Insurance Co. PO Box 3160 Roanoke, VA 24015 Paul J. Houseman & Associates PO Box 3160 Roanoke, VA 24015 John P. Pearl Attn: Linda Herbert 6620 West Broad, Suite 300 Richmond, VA 23230-1720 INS~'~ANCE BID LIST Page 2 The Principal Financial Group Attn: Richard V. Quinn, Jr. 6307 Executive Blvd. Rockville, MD 20852 Provident Life & Accident Attn: Jess Tincher 1001 Chinaberry Blvd., Suite 550 Richmond, VA 23225 Providers Allcare Attn: Dave Hoover 110 Campbell Avenue, Roanoke, VA 23225 SW Prudential Insurance Co. Attn: Thomas G. Karrasch, 1802 Electric Road, SW Roanoke, VA 24018 CLU Travelers Attn: Lindsey Voltz/Dave Larson PO Box 8368 Roanoke, VA 24014 Tucker Administrators Attn: Benji Craft PO Box 470068 Charlotte, NC 28226-0068 Vision Care Services 8601 Georgia Avenue, Suite 708 Silver Spring, MD 20910 ATTAC~ENT B RESPONDING COMPANIES American General (Presented by: H. L. Duke & Company, Inc.) Blue Cross & Blue Shield of Virginia Vision Care Services AT.ACCidENT C BENEFIT DESIGN $1,000,000 $100.00 $2O0.00 80% $750.00 $1500.00 (Aggregate) (includes deductible) Aggregate (includes deductible) 30 days per calendar year 50% - $1,000 Maximum 90% (with deductible) 100% of the first $300.00 $30.00 deductible per visit 80% (with deductible) 80% (with deductible) Lifetime Maximum Individual Calendar Year Deductible Family Calendar Year Deductible Payment Level Individual Out-of-Pocket Maximum Family Out-of-Pocket Maximum Inpatient Nervous & Mental Outpatient Nervous & Mental Outpatient Surgery Outpatient Accidental Injuries All Emergency Room visits excluding when patient is admitted Prescription Drugs (including Birth Control and Nicorette) Well Baby Care Office of the City Clerk November 15, 1989 File #169 Ns. ~everly A. Sellers Administrative Secretary Office of the President Crestar Bank P. O. Box 2867 Roanoke, Virginia 24001-2867 Dear ~s. Sellers: I am enclosing four copies of Resolution No. 29843-111389 authorizing a revocable permit to Crestar Bank for the attachment or installation of certain holiday decorations to certain City~ owned trees in Colonial Plaza, upon certain terms and conditions. Resolution No. 29843-111389 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, November 13, 1989. Please sign and return three copies of Resolution No. 29843-111389 to the City Clerk's Office, Room 456, ~unicipal Building, Roanoke, Virginia 24011, along with your Certificate of Insurance prior to November 24, 1989. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP : ra Eric o pc: Mr. W. Robert Herbert, City ~anager Mr. William F. Clark, Director of Public Works ~r. George C. Snead, Jr., Director of Administration Public Safety and Room456 MunicipalBuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 13th day of November, 1989. No. 29843-111389. VIRGINIA, A RESOLUTION authorizing a revocable permit to Crestar Bank for the attachment or installation of certain holiday decorations to certain City-owned trees in Colonial Plaza, upon certain terms and conditions. WHEREAS, Crestar Bank (hereinafter "Permittee") has requested that City Council authorize Permittee to attach or install certain holiday decorations on certain City owned trees in Colonial Plaza; and WHEREAS, Council is desirous of granting the request of Per- mittee pursuant to certain terms and conditions. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Permission is hereby granted to Permittee to attach, in- stall and maintain certain holiday decorations in or on City trees in Colonial Plaza adjacent to Permittee's property, pursuant to the following terms and conditions: (a) Such permit shall be revocable and shall be effective, upon Permittee's compliance with Paragraph 2 hereof, from November 24, 1989, through January 15, 1990; (b) Permittee shall indemnify, keep and hold the City free and harmless from liability on account of injury or damage to any person or property, including City property, grow- ing out of or directly or indirectly resulting from the permission herein granted; Permittee shall provide the Director of Public Works with a certificate of insurance naming the City of Roanoke as an additional insured, provid- ing general public liability occurrence type insurance in the amount of at least $100,000 for bodily injury, $300,000 per accident, and $50,000 property damage; (d) Permittee shall not install or attach any object to any City-owned tree or shrub other than those covered by this permit; (e) The City shall incur no cost as a result of the granting of this permit; and (f) Permittee shall give notice to the City's Director of Public Works prior to entry on City property for installation and maintenance of such holiday decorations; 2. This permit shall be in full force and effect at such time as a copy of this Resolution, duly signed, sealed, attested and acknowledged by Permittee, together with the appropriate certificate of insurance have been filed in the Office of the City Clerk. ATTEST: City Clerk. ACCEPTED and EXECUTED by the undersigned this , 1988. CRESTAR BANK ATTEST: day of By (titl6) - 2 - Roanoke, Virginia November 13, 1989 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Taylor and Council Members: SUBJECT: Crestar Bank Permit Request Background: City Council annually grants permit requests for the installation of holiday decorations on City-owned light standards and other facilities, including trees located in the downtown business district. II. Current Situation: Crestar Bank has requested permission to decorate the trees in Colonial Plaza. III. IV. ~ssues: A. Authority for Approval. B. Permit Requirements. Alternatives: A. City Council grant Crestar Bank permission to decorate the trees in Colonial Plaza for the period November 24, 1989 through January 15, 1990. 1. Authority for approval or denial is solely City Council's. 2. Permit requirements are as follows: a. Crestar Bank obtain individual or company to install and remove decorations. b. Cost of installing and removing decorations will be the responsibility of Crestar Bank. Mayor Taylor and Council Members Page 2 Indemnification - Crestar Bank has agreed to provide liability insurance, naming the City as an additional insured, providing general public liability insurance in the amount of at least $100,000 for bodily injury, $300,000 per accident, and $50,000 property damage; and to indemnify, keep, and hold the City harmlesa from liability on account of injuries or damages directly or indirectly resulting from the permission herein granted. City Council deny the request of Crestar Bank. 1. Authority for approval or denial is solely City Council's. Vo 2. Permit requirements would not be an issue. Recommendation is that City Council approve Alternative "A", and A. Adopt appropriate measure, as prepared by the City Attorney, granting permission to Crestar Bank to decorate the trees in Colonial Plaza. Respectfully submitted W. Robert Herbert City Manager WRH:WFC:pr pc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. William F. Clark, Director of Public Works Mr. George C. Snead, Director of Administration and Public Safety Ms. Beverly A. Sellers, Administrative Secretary Office of the President, Crestar Bank P.O.'Box 2867, Roanoke, Virginia 24001-286738 Crestar Bank PO Box 2867 Roanoke, Virginia 24001-2867 (703) 985¢5200 October 24, 1989 Mr. William F. Clark Director of Public Works City of Roanoke 215 Church Avenue, SW Room 354 Roanoke, Virginia 24011 Dear Mr. Clark: As Colonial American did in previous years, we would like permission to decorate the trees on Franklin Road and Jefferson Street surrounding the Crestar Plaza headquarters building. We plan to have the lights operational by the day after Thanksgiving. Thank you for your help and we look forward to hearing from you soon. Sincerely, Beverly A. Sellers Administrative Secretary Office of the President Copy to: William F. Hawkins Office of the City Clerk November 15, 1989 File #178 Mr. ~ilburn C. Dibling, City Attorney Roanoke, Virginia Dear Mr. Dibling: I am attaching copy of a report of the City Manager recommending execution of an Administrative Agreement for a Multi-Family Rehabilitation Loan Program, and arrangements for administration of said program, which report was before the Council of the City of Roanoke at a regular meeting held on Monday, November 13~ 1989. Qn motion, duly seconded and adopted, the matter was referred ~o you for preparation of the proper ~easure with the understanding that Council will receive a full briefing on the program prior to adoption of the proposed measure. Sincerely, Mary F. Parker~ City Clerk MFP pc: ~r. ~erbert D. McBride, Executive 'Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Ur. W. Robert Herbert, City Manager ~Ur. Joel M. Schlanger, Director of Finance ,~r. ~illiam F. Clark, Director of Public Works ,Ur. Ronald H. Miller, Zoning Administrator/Building Commissioner Ur. H. Daniel Pollock, Housing Development Coordinator ~Ur. John R. ,~arlles, Chief of Community Planning Us. Stephanie A. Fowler, Neighborhood Partnership Coordinator Ms. Marie T. Pontius, Grants Uonitoring Administrator Room45& Municipallluilding ;~15Church Avenue, $. W. Roanoke, Virginia ;~4011 (703}981-2541 Roanoke, Virginia November 13, 1989 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Execution of Administration Agreement for State's Multi-Family Rehabilitation Loan Program, and Arrangements for Administration of the Program. I. Background: The Virginia General Assembly has appropriated $ #7.5 million through June 30, 1990 for various housing programs, most to be designed and administered by the Virginia Department of Housing and Community Development (DHCD). Bo Multi-Family Rehabilitation Loan Program is one such program~ providing a combination of repayable and forgiveable deferred payment loans for the rehabilitation and upgrading of substandard multi-family buildings to be occupied by low-moderate income households. C. Funding provided by the State is in two parts: One part reserved for energy-conserving improvements. Funds for these improvements will be loaned 0 0% interest~ with payments deferred and the loan forgiven over an eight (8) year period, i.e. the funds are not intended to be repaid. 2. The second part for all other improvements, loaned ¢ 2-8% for up to fifteen (15) years. Roanoke's application for the State's Multi-Family Program was endorsed by City Council on June 5, 1989. The City's application requested an allocation of $ 837,000 for the following uses: In conjunction with the existing 1989 Rental Rehabilitation Program, matching $ 106,000 previously allocated to the City by the Federal Department of Housing and Urban Development. 2. In coordination with concentrated code enforcement activities in specific areas to be selected by Council. November 13, 1989 Page 2 II. Current Situation: The City's application for the Program has been approved by the State but only in the amount of $ 525,000 (Attachment A), 63% of the amount requested. This amount would allow for the following initiatives: In conjunction with the $ 106,000 of HUD Rental Rehabilitation Funds (ID(l) above). The Roanoke Redevelopment and Housing Autho- rity will loan the Rental Rehabilitation funds from HUD for a portion of the renovation of approximately 20 substandard rental units. The State will provide up to $ 212~000 for the balance of the rehabilitation in a combination of forgiveable loans (IC(I) above) and repayable loans Cd 6% interest (IC(2) above). 2. In support of a concentrated code enforcement/rehabilitation project in a selected area, directly supplementing the rehab- ilitation of approximately 25 substandard rental units. The State will provide $ 313,000 in program funds to property owners in a combination of forgiveable loans and repayable loans with interest rates ranging from 2% to 8%, depending on the amount paid by the owner. Approval of the City's applicatio% but in the smaller amount~ requires reconsideration of the original plan for program admi- nistration and certain authorizations by Council, specifically: 1. Accept the allocation of funds from DHCD. 2. Re-endorse the concentrated code enforcement element of the Program and the use of funds in conjunction with such code enforcement. Both the concentration of code inspections on vacant and occupied rental property in a specific area, and the connection of subsidy funds specifically to substandard properties identified through the code enforcement activities are new approaches to Roanoke. A portion of the Mountain View neighborhood is recommended to be the area targeted for the code enforcement project (Attach- ment C), because of its high visibility, concentration of multi-family residential buildings, incidence of deterioration as well as well-maintained buildings, and potential for signi- ficant stabilization through the Program; Authorize the charging and collection of a 1% loan commitment fee from the borrower on each loan upon approval by DHCD, amounting to a potential total of $ 2,120 to the RRHA for the Rental Rehabilitation Program, and $ 3,130 to the City. The portion to the City is to be appropriated specifically to sup- port the administration of this and other housing activities by the City. November 13, 1989 Page 3 III. Issues: A. Consistency with recommendations of Housing Development Strategic Plan Task Force. B. Effect on housing conditions. C. Administration. D. Cost to the Cit),. IV. Alternatives: A. Take the following specific actions: --Authorize the City Manager to execute the Administrative Agreement with the Department of Housing and Community Development for the Multi-Family Rehabilitation Loan Program (Attachment B); --Re-endorse the concentrated code enforcement element of the Program and the use of funds in conjunction with such concentrated code enforcement; --Designate a portion of the Mountain View neighborhood in the Hurt Park Conservation Area to be the area targeted for the code en- forcement project (Attachment C); --Authorize the charging and collection by the City of a 1% loan commitment fee from the borrower on each loan approved by DHCD under the Code Enforcement phase, amounting to a potential total of $ 3,130, to be appropriated specifically to support the administra- tion of this and other housing activities by the City. Consistency with recommendation of the Housing Development Strategic Plan Task Force would be achieved, specifically: ao Strategic concentration of effort (General Policy 1) - Buildings inspected and renovated through the code inspection phase will be clustered in a high-visibility area where substantial spin-off benefits to stabilize nearby property are likely to occur. Owner's responsibility for property maintenance (General Policy 9) - /he owners of properties inspected will be held responsible for complying with the Building Main- tenance Code. Aggressive Code Enforcement on sound but deteriorating houses in strategic neighborhoods (Goal t~, Objective B, Activity 1). Aggressive Code Enforcement on occupied substandard rental property, and targeting of rehabilitation subsidies on such properties (Goal 7, Objective A, Activities 3 and rD. November 13, 1989 Page # Effect on housing conditions will be positive, as substantial additional funding will be available to rehabilitate approxi- mately 45-50 substandard rental housing units that otherwise are unlikely to be fully repaired, and to provide additional housing options for low-moderate income households. In addition, the general condition and image of the Mountain View neighborhood will be substantially improved. Administration: a. The Rental Rehabilitation Program will be handled jointly by the City and the Redevelopment and Housing Authority and is provided for in the current contract for services between the two. Because of the link between code enforcement (which is the responsibility of the Building Commissioner) and the rehabilitation of identified properties, the concentrated Code Enforcement/Rehabilitation portion will be adminis- tered by the City, principally the Building Department. Code inspections will be performed by Building Permit inspectors, and the rehabilitation supervision and clerical work will be performed by the Housing Development Office. This will require some shifting of emphasis on the part of existing staff, and the expansion of one-half time secre- tarial position to full-time. Coordination with the RRHA will be necessary, particularly concerning possible rental subsidies for tenants who may be displaced from buildings vacated due to the program. Cost to the City would be nothing beyond these funds allocated to it by HUD and the State, and the $ 3,130 in commitment fees collectible from borrowers of State funds. Do not take the actions necessary to accept the $ 525,000 allocation from the DHCD and to implement the 1989 Rental Rehabilitation Program and the concentrated Code Enforcement Program as proposed. Consistency with recommendations of the Housing Development Str_a. te~ic Plan Task Force will not be met, as an opportunity to tmprove rental housing conditions, expand housing opport- unities, and reinforce code enforcement in strategic areas will be lost. Effect on housing conditions will be negative, as approxi- mately 45-50 substandard rental units will not be repaired but may continue to deteriorate, reducing values of other pro- perties nearby. November 13, 1989 Page 5 Administration of code enforcement and its effectiveness to cause significant repairs would be compromised. In addition, the approved program description to HUD for the HUD-funded Rental Rehabilitation Program must be changed to omit re- ference to the DHCD funding in support of that Program. 4. Cost to the City would be: The indirect and long-term costs of housing deterioration and abandonment continuing to accrue on those houses that would have been addressed with this financing. The loss of eventual payback of the $ 106,000 of Rental Rehabilitation funding from HUD. lhe attractiveness of the DHCD funds allows the HUD-provided funds to be repaid over ten (10) years. Loss of that source of funds likely will require use of the HUD funds as a one-time grant. V. Conclusion: The Multi-Family Rehabilitation Loan Program funding offered by the State will enable the City to directly support the significant rehabilitation of approxima- tely 45-50 rental units in the Mountain View neighborhood. In conjunction with the concentrated code enforcement effort, an entire neighborhood that is highly visible, strategically located, and historic may be stabilized. To do so however requires a different approach to code enforcement and allocation of subsidies than the City has employed in the past. However, this approach is common in other localities. The allocation of funds by the State presents an opportunity to the City to try this different approach and gauge its effective- ness in Roanoke. This report is presented to Council for its information only. The matter will be presented to Council again for action at its meeting on November 20, 1989. c~ly submitted, W. Robert Herbert City Manager Attachments (3) W RH:HDP:vs (CR.26-CR.28) CC; City Attorney Director of Finance Director of Public ~qorks Building Commissioner Housing Development Coordinator Grants Monitoring Administrator Chief, Community Planning Neighborhood Partnership Coordinator Executive Director, RRHA Attachment A NEAL J BARBER DIRECTOR ROBERT J. ADAMS DEPUTY DIRECTOR JAMES E NAGGLES ASSOCIATE DIRECTOR WARREN C SMITH ASSOCIATE DIRECTOR COMMONWEALTH of VIRC3INIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT October 10, 1989 Dan Pollock Housing Development Coordinator City of Roanoke Room 170, Municipal Building 215 Church Ave., SW Roanoke, VA 24011 Dear~llock: Enclosed please find the Administrative Agreement for your Multifamily Rehabilitation Loan Program. Please review, sign and return the Agreement to this office within 30 days. If you have any questions about the Agreement, please feel free to contact Ron White. Once the Agreement is received and accepted by the Office of Housing Development, the appropriate dates will be inserted and a copy will be returned to you. You may begin implementing your program when you sign the Agreement, however, no commitments will be made by VHDA until the Office of Housing Development has received and accepted the Agreement. We are pleased that your organization has chosen to be a part of the overall Partnership Program and we look forward to working with you in the future. Sincerely, Robert J. Adams Deputy Director RJA/vjv Enclosure J Building Betler Communities Attachment B CONTRACT NO: 90MF14 MULTIFA~ILY REHABILITATION PRO~RAM ADMINISTRATIVE &GREEMENT This Agreement, entered into as of this day of , 19 , by and between the Virginia Department of Housing and Community Development hereinafter referred to as "DHCD" and the City of Roanoke herein after referred to as "Local Administrator." The Multifamily Rehabilitation Loan funds (hereinafter referred to as the "Funds") which are the subject of this Agreement are authorized under the Revolving Loan Fund as part of the Virginia Partnership Fund. These funds are provided through an appropriation from the Virginia General Assembly. The Funds are subject to and this Agreement incorporates by reference, the terms, guidelines and regulations set forth in the Multifamily Program Guidelines, as revised from time to time, and the laws of the Commonwealth of Virginia. Also incorporated by reference in this Agreement are (1) the Administrators Program Application including certifications, resolutions and agreements contained therein, and (2) Multifamily Program Manual, as revised from time to time. This manual describes the operational procedures by which the Administrator must conduct the program for minimum contract compliance. The Local Administrator will initiate the activities as required by this Agreement and described in the Administrators' Program Application, the Program Guidelines, and Program Manual beginning , 19 , unless otherwise specified in Section III, Special Conditions. The Local Administrator will complete the work as required by this Agreement and described in the Administrators' Program Application, the Program Guidelines, and Program Manual within 12 months from the execution of this Agreement, or more specifically on or before , 19 In reliance upon the Application and associated documents, the Department agrees, upon execution hereof, to provide the Administrator with a reservation of funds in the amount of $525,000 of which $210,000 may be used for approved energy related improvements as defined in Attachment A and may not be used in relation to any other rehabilitation activity. The balance of the allocation may be used in relation to any eligible Page 2 Multifamily Rehabilitation Loan Program Administrative Agreement improvement as defined in the Multifamily Rehabilitation Program Guidelines. The Administrator agrees to comply with all of the terms and conditions of this Agreement, the Program Application, and the Program Manual in its administration of this program. The Administrator further agrees to monitor, oversee and report on the use of the funds under this Agreement. The Local Administrator agrees to report on the uses of the loan funds as requested by the Department. The Local Administrator shall furnish, regularly and in such a form as DHCD may require, reports concerning the status of project activities and grant funds. Such report shall be submitted in the form and manner as prescribed in the Program Manual and in written instructions from DHCD. The Local Administrator will make available all documents, records and other program information requested by the Department. The Department reserves the right to modify, amend, or terminate this Agreement any time during the terms of this Agreement due to failure of the Local Administrator to comply with the terms and conditions of this Agreement and other Program Documents set forth herein. I. Project Description: The Local Administrator will provide loan and grant funds for the rehabilitation of approximately 45 rental units within the city of Roanoke as more fully described in the program application. A. Performance Schedule: November - December, 1989 January - March, 1989 April - June, 1990 July - September, 1990 0 Units 10 Units 25 Units 10 Units Page 3 Multifamily Rehabilitation Loan Program Administrative Agreement II. Funds Disbursement and Reporting: A. Funds Disbursement: Disbursement will be made by Virginia Housing Development Authority (VHDA) for approved loans only. Once the disbursement is made the Local Administrator must establish and administer an escrow account for each individual loan. Adequate accounting shall be maintained to identify funds escrowed. B. Reporting Requirements: The Administrator agrees to submit four quarterly reports during the project term according to the following schedule: Reporting Period Due Date October 1, 1989 - December 31, 1989 January 15, 1990 January 1, 1990 - March 31, 1990 April 15, 1990 April 1, 1990 - June 30, 1990 July 15, 1990 July 1, 1990 - September 30, 1990 October 15, 1990 III. Special Conditions: A. The Local Administrator shall to VHDA for review and underwriting. submit all loan packages Page 4 Multifamily Rehabilitation Loan Program Administrative Agreement This Agreement is hereby executed by the Parties on the date set forth below their respective signatures as follows: VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT City of Roanoke LOCAL ADMINISTRATOR By: Robert J. Adams Deputy Director Signature Name Title Date (Date) '89 FT-' 77:! Roanoke, Virginia November 7, 1989 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Please reserve space on Council's agenda on Monday, November 13~ 1989, for report entitled "Execution of Administrative Agreement for State's Multi-Family Rehabilitation Loan Program~ and Arrangements for Administration of the Program." ~V RH:bc Respectfully Submitted, W. Robert Herbert City Manager Office of the Council November 8, 1989 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Campbell Avenue Rehabilitation Target Area Dear Mrs. Bowles and Gentlemen: I had a staff briefing as Council's liaison to the Roanoke Redevelop- ment and Housing Authority last week from our City administrators advising that they have received more than $500,000.00 from the Virginia Housing Development Authority for a special target rehabili- tation area along Campbell Avenue from Thirteenth Street east to approximately Eighth Street in the Mountain View neighborhood of our city. You may recall that I was interested in such a project as described in my letter to the Commissioners of the Roanoke Redevelopment and Housing Authority under date of March 15, 1989, which is attached hereto. I believe this project is a good use of our rehabilitation money and understand that perhaps 50 units may be affected in this targeted area. It seems wise for us to go forward with this pilot project to concentrate rehabilitation in a boulevard such as Campbell Avenue in hopes that improvements to the houses on that street may cause a "ripple effect" in helping to rehabilitate the entire neighborhood surrounding it. Of course, as we go forward with this project, we must nevertheless be concerned about our poorer citizens who might be affected. Accordingly, I am forwarding a copy of this letter to the Board of Commissioners of the Housing Authority asking them to identify this as a project based Section 8 area so that low to moderate income citizens may receive priority obtaining available housing. Also, I will request that the Housing Authority designate more units in this area be rehabilitated so that persons who qualify under Section 8 can con- tinue to reside in the renovated area. Room 456 Munlclp<31 Building 215 Church Avenue, S.W. Roonoke, Virginia 24011 (703) 981-254t The Honorable Mayor and Members of Roanoke City Council Page 2 November 8, 1989 I would note for you that this area is in our H-2, Southwest Historic District, and should become a grand boulevard linking the proposed Jefferson Center with the improvements at Memorial Bridge. The Mountain View and West End neighborhoods have always been a strong residential area, and we need to target our funds in this manner in order to continue to rehabilitate our inner-city and keep it a viable neighborhood in which to live. I corrgnend the Administration on taking the lead on this project, but certainly would not make a final commitment until we have had the full public hearing which is scheduled for this Monday. However, my ini- tial reaction is favorable. Best personal regards to each of you. Sincerely, David A. Bowers Council Member DAB:sw Eneo pc: The Honorable Chairman and Members of the Board of Commissioners of the Roanoke Redevelopment and Housing Authority Office of the Counci! March 15, 1989 The Honorable Chairman and Members of the Board of Co,,,,.issioners of the Roanoke Redevelopment & Housing Authority Roanoke, Virginia Dear Mr. Chairman and Members: In anticipation of our planning session which is tentatively set for Monday, May 8, 1989, I would like to submit for discussion by the Board of Corr~,issioners the following three topics: I believe one of our priorities should be the completion of the Gainsboro neighborhood. We have made tremendous strides in this neigh- borhood, which is Roanoke's oldest neigh- borhood, since the late sixties when the project was begun. However, there are still some blighted blocks in the neighborhood, par- ticularly the area between St. Andrews Church and First Baptist Church· With the develop- ment by the City of the Gainsboro Road exten- tion and WeZls Avenue realignment, I believe it will be important for us to address the final stages of development in this area· I certainly hope we can address this concern at our session on May 8. I have long thought that the Mountain View neighborhood, aZso known as West End neigh- borhood, needs to have some further deveZopment to protect the nature of that neighborhood. This is a mixed used neigh- borhood, but obviously has been blighted by development prior to the introduction of zoning laws. That's why you see transmission shops and garages right next to beautifully restored older homes· I'd like to ask that the administration con- sider designating an area west of Sixth Street, south of the Norfolk and Western Railway, north of the Roanoke River, and east of Shaffer's Crossing as a redevelopment area. Ro~n 456 Muni¢i~:~ol Buildt~ 2'~" ~h Avenue, S.W Ro~,",-' .... i~ 240t '~ (703) 981-254.1 The Honorable Chairman and Members of the Board of Commissioners of the Roanoke Redevelopment & Housing Authority Page 2 March 15, 1989 In particular, I think we should address the old Mountain View neighborhood, which runs along Campbell Avenue near Tenth Street and Thirteenth Street. I believe it might be helpful to re~establish some of the neigh~ borhood as a truly residential neighborhood, and then to move some of the garages and other automobile related ventures into a "gasoline alley" development which could benefit them all by being in close proximity. At any rate, I would like for us to address the concerns of this neighborhood. I~ve been very interested for a long time in trying to attract a major developer to the site on the hill behind the Poff Federal Building, overlooking downtown Roanoke. As you may know, NCNB developed a blighted area on the edge of uptown Charlotte and developed a major new residential area including new high,priced condominiums. I think a similar development would benefit the City and that this location would be a prime site for such a development. I respectfully request, as your liaison from Council, that these matters be given some further consideration in your Strategy Session on May 8. Best personal regards to each of you. Sincerely, ~~owers Council Member DAB:rla DAB19 pc: Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Mr. George Heller, Gainsboro Neighborhood Development Corporation, 604 Gainsboro Road, N. W., Roanoke, Virginia 24016 Mr. W. Robert Herbert, City Manager Office of the City Clerk November 15, 1989 File #27-207 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear ,~r. Herbert: I am attaching copy of Qrdinance No. 29845-111389 authorizing execution of a contract with Mattern & Craig, P. C., to provide engineering services for a ~tershed study for the Statesman Industrial Park and Route 460, in an amount not to exceed $15,000.00. Ordinance No. 29845-111389 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, ~ovember 13, 1989. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Eric o pc: ~attern ~ Craig, P. C., 701 First Street, S. W., Roanoke, Virginia 24011 ~r. John P. Frye, Jr., President, Statesman Industrial Park Association, P. O. Box 13207, Roanoke, Virginia 24032 Mr. Joel ~. Schlanger, Director of Finance ~r. William F. Clark, Director of Public Works Mr. Charles ~. Huffine, City Engineer ~s. ~arah E. Fitton, Construction Cost Technician Mr. Kit B. Kiser, Director of Utilities and Operations Room456 MunicipalBuilding 215Church Avenue, S,w. Roanoke, Virginia 2~011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 13th day of November, 1989. No. 29845-111389. VIRGINIA, AN ORDINANCE authorizing the execution of a contract with Mattern & Craig, P.C., to provide engineering services for a watershed study for the Statesman Industrial Park and Route 460; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement with ~/attern & Craig, P.C., for the provision by such firm of engineering ser- vices for a watershed study for the Statesman Industrial Park and Route 460, as more particularly set forth in the November 13, 1989, report of the City Manager to this Council. 2. The contract authorized by this ordinance shall not exceed the sum of $15,000.00. The form of the contract with such firm shall be approved by the City Attorney. 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. Office of the City C~erk November 15, 1989 File #60-27-207 ~r. Joel ~. Schlanger Director of Finance Roanoke, Virginia Dear Mr. gchlanger: I am attaching copy of Ordinance No. 29844-111389 amending and reordaining certain sections of the 1989-90 Capital Fund Appropriations, providing for the transfer of $15,000.00 from the Capital Improvement Reserve - Storm Drains to Sanitation, Statesman Industrial Park, Route 460 Watershed Study, in connec- tion with award of a lump sum services contract to ~attern ~ Craig, p. C., Consulting Engineers, in order to evaluate current and future storm drainage needs in the Statesman Industrial Park area and the outfall storm drain system along Route 460. Ordinance No. 29844-111389 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, November 15, 1989. Sincerely, Mary F. Parker, C~C City Clerk MFP: ra Enc. pc: ~4r . W. Robert Herbert, City Manager ~r. ~illiam F. Clark, Director of Public Works Mr. Charles ~. ~uffine, City Engineer ~s. Sarah E. Fitton, Construction Cost Technician ~r. Kit B. Kiser, Director of Utilities and Operations Room 456 MunicipalSuilding 215 Church Avenue, S,w. Roanoke, Virginia 24011 (70.1) 981-2S41 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of November, 1989. No. 29844-111389. AN ORDINANCE to amend and reordain certain sections of the 1989-90 Capital 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 1989-90 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Sanitation Statesman Industrial Park, Route 460 Watershed Study (1) ......................................... Capital Improvement Reserve Capital Improvement Reserve (2) .................... $ 9,057,107 15,000 3,558,064 32,687 1) Appropriations from General Revenue 2) Storm Drains (008-052-9644-9003) $ 15,000 (008-052-9575-9176) (15,000) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Honorable Mayor and City Council Roanoke, Virginia Roanoke, Virginia November 13, 1989 Dear Members of Council: SUBJECT: WATERSHED STUDY, STATESMAN INDUSTRIAL PARK AND ROUTE 460 Backsround: A. Public Notice of Request for Proposal for engineering servic~!~to e~- uate current and future storm drain needs for the Statesman i~3ustr~i Park area and the outfall storm drain system along Route 460 ~s placed in the local newspaper on Sunday, October 8, 1989. Four (4) Engineering Firms responded to the request for serviciO~. They 1. Anderson & Associates 2. Mattern & Craig, P.C. 3. Dewberry & Davis 4. Lumsden & Associates Followin~ Interviews and Discussions with the review and selection committee, consisting of Charles M. Huffine, P.E., City Engineer, Earl Sturgill, Project Manager, and Versal R. Dearlng, Engineering Technician II, the firm of Mattern & Crais~ P.C. was selected as the best qualified to perform the study and provide recommendations for necessary improvements that would be in the best interests of the City of Roanoke. D. Project is required for the following reasons: The Street Network throughout Statesman Industrial Park does not currently have an effective stormwater collection system and thereby no effective routing or control of stormwater runoff from the Industrial Park to other areas at lower elevations. Impervious areas within the Industrial park have significantly increased in recent years in the form of paved streets, paved parking areas, and large commercial and industrial roof areas. This has resulted in instantaneous runoff with severe impacts to lower areas during periods of significant rainfall. Routtn~ control is necessary for an effective stormwater collec- tion system within the industrial park itself in order for runoff to properly be directed to the existing storm drain system along Route 460. Siebel Drive and Granb¥ Street leading down from the industrial park to Route 460 are now functioning as wide channels during heavy storms. Flooding has resulted at both intersections due to lack of sufficient control and routing to the existing system along Route 460. Mayor and Members of Council RE: Watershed Study, Statesman Industrial Park and Route 460 Page 2 Brief Description of services to be provided by the consultant engineer as follows: 1. Perform the appropriate analysis on the watershed both for current and future land-use requirements and run-off magnitudes. Study and confirm the current hydraulic efficiency and ultimate capacity of the existing storm drain system from Siebel Drive and Granby Street along Route 460 tn the outfall at Tinker Creek. Evaluate the stormwater collection system needs within Statesman Industrial Park with effective routing of stormwater runoff to the existing system along Route 460. Provide and itemize realistic cost estimates of all necessary improvements required to provide an efficient stormwater collec- tion system within Statesman Industrial Park and effective routing from the park to the existing system on Route 460, through that system to its outfall at Tinker Creek. 5. Recommendations with cost estimates are to be delivered to the City of Roanoke by no later than December 15, 1989. II. Current Situation: Mattern & Crai~ P.C. has submitted their proposal and agreement in accor- dance with the scope of work described above. This agreement is attached. Mattern & Craig, P.C. has agreed to provide the necessary study and recom- mendations for a lump sum price of $15,000.00. This is considered reasonable and, therefore, is acceptable. III. Issues in order of Importance: A. Qualification of firm B. Amount of engineering fee for performing the work C. Availability of funds Mayor and Members of Council RE: Watershed Study, Statesman Industrial Park and Route 460 Page 3 IV. Alternatives: Award a lump sum services contract to Mattern & Craig, P.C., Consulting Engineers, of Roanoke, Virginia, to perform the necessary studies, provide recommendations, and submit related cost estimates within the scope of work defined above for the lump sum amount of $15~000.00. Qualification of firm was established during the interview pro- cess. Additionally, Mattern and Craig has performed other studies within the area for the purpose of design of two retention basins which may be intimately related to the scope of this project. Amount of engineering fee is reasonable when compared to the City's outline of services required and the time and personnel required to perform the various phases of work. 3. Funds are available in the Capital Improvement Reserve - Storm Drain Account Number 008-052-9575-9176. B. Do not award a lump sum services contract to Mattern & Craig, P.C., Consulting Engineers, at this time. qualification of the engineering firm would not be an issue at this time; but, would have to be re-established at a later date if the work is pursued. 2. Amount of engineering fee would not be an issue at this time; but, would probably be higher at a later date. 3. Funds would not be expended at this time. V. Recommendation: Authorize the implementation of Alternative "A" and authorize the City Manager to execute an engineering services contract with Mattern & Craig, P.C., Consulting Engineers of Roanoke, Virginia, in the amount of $15~000.00 in a form acceptable to the City Attorney. Mayor and Members of Council RE: Watershed Study, Statesman Industrial Park and Route 460 Page 4 Authorize the Director of Finance to transfer $15,000.00 from the Capital Improvement Reserve - Storm Drain Account Number 008-052-9575-9176 to a new account number in the Capital Projects Fund entitled "Statesman Industrial Park, Route 460 Watershed Study" to be established by the Director of Finance. Respectfully submitted, W. Robert Herbert City Manager WRH/ES/fm Attachment CC: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations City Engineer Construction Cost Technician CITY OF ROANOKE, VIRGINIA AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, made at Roanoke, Virginia, this 30th day of October, 1989, by and between the City of Roanoke, Virginia, (hereinafter referred to as the "Owner"), and Mattern & Craig, P.C., Consulting Engineers Surveyors (hereinafter referred to as the "Engineer"). WITNESSETH: WHEREAS, the Owner intends to sponsor accomplishment of engineering services for the study and cost estimates for drainage improvements at Statesman Industrial Park and U. S. Route 460 generally described in the Owner's Request for Engineering Services for "Watershed Study of Route 460 and' Statesman Industrial Park - City of Roanoke, Virginia" dated October 4, 1989, hereinafter referred to as the project, and generally in accordance with the Phase I and II (Interview Outline) submittals made by the Engineer to the Owner in response to the referenced request for engineering services; and WHEREAS, the Owner intends to contract for engineering services for the accomplishment of the Project and such other engineering services as the Owner may require from time to time; and, WHEREAS, the Engineer agrees to furnish executed "Certification of Engineer" and certain professional engineering services enumerated hereinafter, in connection with Project. NOW, THEREFORE, for and in consideration of the benefits which will accrue to the parties hereto by virtue of the Agreement and the respective covenants herein contained. IT IS MUTUALLY COVENANTED AND AGREED AS FOLLOWS: I. BASIC SERVICES OF ENGINEER The Engineer shall perform professional services as hereinafter stated. Phase I services shall include, but not be limited to: Gather additional data - use existing mapping, photography reports, plans - assemble mapping Meet with City Staff to discuss drainage problems Field inspect site - dry and wet weather Prepare input data for TR-20 for Statesman Industrial Park, and U. S. Route 460 watershed - King Street to Tinker Creek Run TR-20 for 2,10,25 and 100 year storms Install RCIT TR-20 program for retention basin modification analysis - run program for excess capacity analysis Prepare input for SWMM program for U. S. Route 460 storm drain pipe, incuding TR-20 hydrographs Run SWMM model and determine system capacity along 460 Determine possible flow splits from Statesman Industrial Park toward Tinker Creek (Nicholas Drive), toward RCIT, and toward U.S. Route 460 Develop alternates and determine feasibility of each including minor and major storms Develop itemized cost estimates for feasible alternates Prepare itemized cost estimates for curb and gutter and drainage system in Statesman Industrial Park Prepare report Meet with City Staff periodically II. ADDITIONAL SERVICES OF THE ENGINEER Ae The Engineer will provide assistance, as required or requested by the Owner, as an expert witness in litigation arising from the services provided herein associated with the Project. The engineer will provide other services as required or requested by Owner. Additional services will be performed by the Engineer only upon authorization by the Owner. III. OWNER'S RESPONSIBILITIES OWNER shall: Ao Provide all criteria and full requirements for the Project, and constraints. information as to OWNER'S including design objectives Assist ENGINEER by placing at his disposal all available information pertinent to the Project including previous reports and any other data relative to the Project. Do Go Arrange for access to and make all provisions for Engineer to enter upon public and private property as required for Engineer to perform his services. Designate in writing a person to act as Owner's representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define Owner's policies and decisions with respect to materials, equipment, elements and systems pertinent to Engineer's services. Give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of any development that affects the scope or timing of Engineer's services, or any defect in the work of Contractor(s). Furnish, or direct Engineer to provide, necessary Additional Services as stipulated in Section II of this Agreement or other services as required. Bear all costs incident to compliance with the requirements of this Section III. IV. PERIOD OF SERVICE A. The project will be completed by December 15, 1989. V. PAYMENTS TO ENGINEER AD Methods of Payment for Services and Expenses of Engineer. 1. The Owner will pay the Engineer for the services performed under Section 'I of this agreement a lump sum amount of $15,000. For Additional Services. Owner shall pay Engineer for Additional Services rendered under Section II as follows: aD General. For Additional Services rendered under paragraph IIB on the Basis of Payroll Costs times a factor of 2.2 for services rendered by principals and employees assigned to the Project. Services and reimbursable expenses of special consultants employed by Engineer pursuant to paragraph IIB or the amount billed to Engineer therefore times a factor of 1.1. Co Serving as Witness. For the services rendered by principals and employees as consultants for Bo witnesses in any litigation, hearing or proceeding in accordance with paragraph IIA, at the rate of $650 per day or any portion thereof {but compensation for time spent in preparing to appear in any such litigation, hearing or proceeding will be on the basis provided in paragraph V A 4a). Times of Payments Engineer shall submit monthly statements for Basic and Additional Services rendered. The statements will be based upon Engineer's costs actually completed at the time of billing. Owner shall make prompt monthly payments in response to Engineer's monthly statements. C. Other Provisions Concerning Payments If Owner fails to make any payment due Engineer for services and expenses within sixty days after receipt of Engineer's bill therefore, the amounts due Engineer shall include a charge at the rate of 1 percent per month from said sixtieth day, and in addition, Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement until he has been paid in full all amounts due him for services and expenses. In the event of termination by Owner under paragraph C.1 upon the completion of any phase of the Basic Services, progress payments due Engineer for services rendered through such phase shall constitute total payment for such services. VI. SPECIAL CONDITIONS Ao Reproducible copies of the exhibits prepared or obtained under the terms of the contract shall be delivered to and become the property of the Owner and basic survey notes and sketches, charts, computations and other data shall be made available upon request by the Owner, without restriction or limitation on their use. Bo The Engineer shall proceed to furnish engineering services under the terms provided in this Agreement, only after the notice to Proceed has been given in writing by the Owner. Each party binds itself, its principals, successors, executors, administrators and assigns to perform all covenants of this Agreement. Except as above noted, neither the Owner nor the Engineer shall assign, or transfer his interest in this Agreement without the written consent of the other party hereto, said consent shall not be unreasonably withheld. Where required by law, the Engineer agrees to comply with the following requirements: Office of Management and Budget, Circular A-102, Attachment O, Paragraph 14, all the requirements~imposed by or pursuant to Title VI of the Civil Rights Act of 1964 set out in 49 DFR, Part 21 of the Regulations of the Secretary of Transportation and Executive Order No. 11246. "Equal Employment Opportunity" as supplemented in Department of Labor Regulations (41 CFR, Part 60), applicable standards, orders or regulations issued pursuant of the Clean Air Act of 1970. Where required by law, Engineer will maintain an Affirmative Action Program. Where required by law, the Engineer agrees to comply with any applicable requirements set forth in 45 Federal Register 21186, Section 23.43 (a) (1980) dealing with minority business enterprises. Fo The Owner requires Engineer to comply with any and all applicable and lawful Local, State and Federal regulations, as they may be from time to time amended. Go The Engineer agrees that the Owner, and any approving Federal State Agency or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Engineer which are directly pertinent to any specific grant program with respect to this Project for the purpose of making audit, examinations, excerpts and transcriptions. Ho The Engineer stipulates that it currently has in force Professional Liability Insurance and that it shall keep such insurance in force for the term of this Agreement. VII. SPECIAL PROVISIONS The Engineer stipulates that its principals and project engineers of Mattern & Craig identified in the Interview Outline dated July 7, 1989 shall be assigned to this project and will actively participate in their respective roles identified in the proposal and further shall not be reassigned in an arbitrary manner without benefit of dialogue between the Engineer and the Owner. Bo If any of the services outlined in Sections I or II are furnished by the Engineer by obtaining such services outside the Engineer's organization or affiliates, the Engineer shall provide an executed contract between the person(s) or firm and the Engineer outlining the services to be performed and the charges for the same. Two copies of the executed contract shall be submitted tot he Owner Co Do Eo for approval prior to the services being perform. The Engineer shall submit to the Owner for approval the names and qualifications of outside consultant staff person(s) other than those identified in Paragraph VII, A, above. Approvals by the Owner shall not be unreasonably withheld. The Engineer shall comply with the provisions of City Code 23.1-20, a copy of which is attached. The Owner shall designate in writing to the Engineer the name of the Owner's project manager for this Project. The Owner-shall designate in wiring to the Engineer all technical data that is in the Owner's possession, including maps, surveys, property descriptions, borings, and other information required by the Engineer and relating to his work. The Owner or Engineer, by written seven days notice, may terminate this agreement in whole or in part at any time, for good cause or because of the failure of the other party to fulfill its agreement obligations. Upon receipt of such notice, the Engineer shall: Immediately discontinue all services affected (unless the notice directs otherwise), and Deliver to the Owner all data, drawings, reports, estimates, summaries and such other information and materials as may have accumulated by the Engineer in performing this agreement whether completed or in process. o If the termination is due to the failure of the Engineer to fulfill his agreement obligations, the Owner may take over the work and prosecute the same to completion by the agreement or otherwise. In such case, the Engineer shall be liable to the Owner for any damages allowed by law, and upon demand of Owner shall promptly pay the same to Owner. Should the agreement be terminated for a reason other than Engineer's failure to fulfill its obligations hereunder, the Engineer shall be entitled to compensation through the date of termination. The compensation shall constitute payment for all cost incurred by the Engineer through the date of termination and shall be in accordance with Section V, Payments to the Engineer. The obligation of Owner to make such payment shall first be approved by the Owner to make such payment shall first be approved by the Owner and any applicable Federal or State approving agency. G. If the documents are completed in accordance with criteria and/or decisions made by the Owner and the said analysis is substantially changed or revised, for any reason other than the fault of the Engineer in preparing same, then the Engineer shall be entitled to compensation for rendering the services necessary to complete the changes. The amount of this fee shall be paid as additional services in accordance with Section V. The fee for the changes shall be due and payable when the revisions are approved by the Owner. IN WITNESS seals. ATTEST: (Seal) By City Clerk Title WHEREOF,-the parties hereto have affixed their hand and ATTEST: (Seal) / Title CITY OF ROANOKE, VIRGINIA City Manaqer Title Mattern & Craig, P.C. Title Appropriation and Funds Required for this Contract Certified. DIRECTOR OF FINANCE CITY ATTORNEY TO FORM CERTIFICATION OF ENGINEER I hereby certify that I am the Vice President and duly authorized representative of the firm of Mattern & Craig, P.C. whose address is 701 First Street, S.W., Roanoke, Virginia, 24016, and that neither I nor the above firm I here represent has: (a) employed or retained for a commission, percentage, brokerage contingent fee, or other consideration, any firm or person (other than a bonafide employee working solely for me or the above consultant) to solicit or secure this contract; (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract; or, (c) paid or agreed to pay any firm, organization, or per (other than a bonafide employee working solely for me or the above consultant) any fee, contribution, donation, procuring or carrying out the contract, except as here expressly stated (if any); NONE I acknowledge that this certificate is furnished to the City of Roanoke in connection with this contract and is subject to applicable state and federal laws, both criminal and civil. DATE ROANOKE CODE Sec. 23.1-20. Employment discrimination by contractor prohibited. Every contract of over ten thousand dollars ($10,000.00) to which the City is a party shall contain the provisions in subparagraphs (a) and (b) herein: (a) During the performance of this contract, the contractor agrees as follows: (1) The contractor will 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 bonafide occupational qualification reasonable necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the nondiscrimination clause. (2) The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal employment opportunity employer. (3) Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. (b) The contractor will include the provisions of the foregoing subparagraph (a)(1), (2) and (3), in every subcontract or purchase order of over ten thousand dollars ($10,000.00), so that the provisions will be binding upon each subcontractor or vendor. (Ord. No. 26298, & 1, 12-6-82) Sec. 23.1-21. Debarment. Prospective contractors may be debarred from contracting for particular types of supplies, services, insurance or construction for specified periods of time. Any debarment procedure, which may provide for debarment on the basis of a contractor's unsatisfactory performance for the city or for violation of federal or state laws relating to antitrust or federal or state law or local ordinance. Office of the City Clerk November 15, 1989 File #$-472 Mr. Ken Spangler Fleet Manager Berglund Chevrolet, Inc. P. O. Box 12608 Roanoke, Virginia 24027 Dear ~4r. Spangler: I am enclosing copy of Ordinance No. 29847-111389 accepting the bid of Berglund Chevrolet, Inc., for ten new 1990 four-door sedans marked police automobiles, for use by the City, in the amount of $148,961.20. Ordinance No. 29847-111389 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1989. Sincerely, ttary F. .Parker, City Clerk CMl2 MFP:ra Enc o pc: Mr. W. Robert Herbert, City Manager Mr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director of Administration Public Safety Ur. M. David Hooper, Chief of Police Mr. D. Darwin Roupe, Manager, General Services and Room 456 MunicipaIBuilding 215 Church Avenue, S.w. Roanoke. Vi;ginia 24011 (703)g81-2541 Office of the City Clerk ~ovember 15, 1989 File #5-4?2 Mr. Paul Fleet ~anager ~agic City ~otor Corporation P. 0. Box 12807 Roanoke, Virginia 24028 Dear ,Hr. Gim: [ am enclosing copy of Ordinance No. 29847-111389 accepting the bid of ~erglund Chevrolet, Inc., for ten new 1990 four-door sedans marked police automobiles, for use by the City, in the amount of $148,961.20. Ordinance No. 29847-11138g was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, November 13, 1989. On behalf of the ,~ayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described vehicles. Sincerely, ~] ~ary F. Parker, C~IC City Clerk MFP:ra Eric. Room 456 Municipal Building 21.SChurch Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 13th day of November, 1989. No. 29847-111389. VIRGINIA, AN ORDINANCE providing for the purchase of marked police auto- mobiles for use by the City, upon certain terms and conditions, by accepting equipment; emergency. a bid made to the City for furnishing and delivering such rejecting other bids made to the City; and providing for an BE IT ORDAINED by 1. offering Virginia, the Council of the City of Roanoke that: The bid of Berglund Chevrolet, Inc., made to the City to furnish and deliver to the City, f.o.b., Roanoke, ten new 1990 4-door sedans, marked police automobiles, such items being more par%icularly described in the City's specifications therefor for the sum of $148,961.20, is hereby ACCEPTED. 2. The City's Manager of General Services is authorized and directed to issue the requisite purchase order therefor, incorporating into said order the City's specifications, the terms of said bidder's proposal, and the terms and provisions of this ordinance. 3. The other bids made to the City for the supply of such equip- ment are hereby REJECTED, and the City Clerk is directed to notify such other bidders and to express the City's appreciation for their bids. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordi- nance shall be in full force and effect upon its passage. ATTEST: City Clerk. Office of the City Clerk November 15, 1989 File #5-60-4?2 Mr. Joel ~. Schlanger Director of Finance Roanoke, Virginia Dear ~r. $chlanger: I am attaching copy of Ordinance No. 29846-111389 amending and reordaining certain sections of the 1989-90 General Fund Appropriations, providing for the appropriation of $148,962.00 from the Capital Maintenance and Equipment Replacement Program to Police Department, Vehicular Equipment, in connection with the purchase of ten new automobiles for use by the Police Department from Berglund Chevrolet, Inc. Ordinance No. 29846-111389 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, November 13, 1989. Sincerely, ~ ¥.--.. ~ /' ~_~,~. ~lary F. Parker, C~C City Clerk MFP : ra Enc o pc: Mr. W. Robert ~erbert, City Manager ~r. George C. Snead, Jr., Director of Administration and Public Safety Mr. M. David Hopper, Chief of Police ~r. D. Darwin Roupe, ~anager, General Services Room 456 MunicipaIBuilding 215Church Avenue. S.W. Roanoke, Virginia 24011 (703)981-2541 AN ORDINANCE the 1989-90 General emergency. WHEREAS, for Government of the exist. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th~ day of November, 1989. No. 29846-111389. to amend and reordain certain sections Fund Appropriations, and providing for of 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 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety Police Patrol $25,764,857 5,793,747 Fund Balance Capital Maintenance and Equipment Replacement Program (2) ...................................... 1) Vehicular Equip. (001-050-3113-9010) $ 148,962 2) CMERP - City (001-3332) (148,962) $ 4,935,552 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia November 13, 1989 Honorable Mayor and City Council Roanoke, Virginia Dear Membere of City Council: SUBJECT: Bide to Purchase Police AutomobXlee, Bid No. 89-10-8 I concur with the recommendation of the bid committee relative to the above subject and recommend it to you for appropriate action. Respectfully Submitted, W. Robert Herbert City Manager DDR:ss cc: City Attorney Director of Finance Roanoke, Virginia November 13, 1989 Honorable Mayor and City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: B~ds to Purchase Police Automobiles, Bid No. 89-10-8 October 9, 1989 City Council designated Funds in the Capital Maintenance and Equipment Replacement Program to provide for the purchase of ten |10) new Police Automobiles. Specifications were develoned, and along with request for quotations, were sent to eleven (11) vendors for automobiles. This request was also published in the Roanoke Times and World News on October 8, 1989. Bi4 Resnonses were received after due and proper advertisement. All bids so received were publicly opened and read in the Office of the Manager of General Services, at 2:00 P.M. on October 23, 1989. II. Currant Situation A. Two (2) bid responses were received. Bid Tabulation is attached. Both bids were evaluated in a consistent manner by representatives of the following departments: Police Department Motor Vehicle Maintenance General Services The lowest bid as submitted by Berglund Chevrolet, Inc. meets all required City of Roanoke specifications. III. IV. Need B. Compliance with Snecifications C. Fund Availability Ae Council accept the lowest responsible bid, for ten (lO) new Police automobiles, ae submitted by Berglund Chevrolet, Inc. for the total cost of $148,961.20. Need - requested vehicles are necessary to continue to efficiently perform required police duties. Compliance with Specifications - The bid submitted by Berglund Chevrolet, Inc. meets all required specifications. Fund availability - designated Funds are available in the Capital Maintenance and Equipment Replacement Program to provide for the purchase of requested Police automobiles. B. Reject all bids. Need - Police could not perform required duties in the most efficient and effective manner. Compliance with Specifications wouId not be a factor in this alternative. Fund availability - designated Funds in the Capital Maintenance and Equipment Replacement Program would not be expended. ~oBncil concur with Alternative "A" - accept the lowest responsible bid, for ten (10) new Police automobiles, as submitted by Berglund Chevrolet, Inc. for the total amount of $148.961.20 and reject other bid. APpropriate $148.961.20 from Capital Maintenance and Equipment Replacement Program to Police Department account 001-050-3115-9010. Respectfully Submitted, Com~ittee: Chief, M. David Hooper D. Darwin Roupe DDR:ss cc: City Attorney Director of Finance Office of the City Clerk ~ovember 15, 1989 File #236-42 Hr. W. Robert Herbert City Manager Roanoke, Virginia Dear ~r. Herbert: I am attaching copy of Ordinance No. 29824-111389 authorizing execution of Amendment No. I to Short Term CDBG Float Loan Agreement, with Downtown Associates and Dominion Bank, to provide for extension of the term of said loan, upon certain terms and conditions. Ordinance No. 29824-111389 was adopted by the Council of the City of Roanoke on first reading on ~onday, November 6, 1989, also adopted by the Council on second reading on ~onday, November 13, 1989, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Enc. pc: Mr. Joel ~. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works ~r. Brian J. Wishneff, Chief of Economic Development Hr. John R. Marlles, Chief of Co~'nunity Planning Ms. Marie T. Pontius, Grants ~onitoring Administrator Room 456 MunicipaIBuilding 215 Church Avenue, $. W. Roanoke. Virginia 24011 (703)981-2S41 IN THE COUNCIL OF THE CITY OF ROANOKE, The 13th day of November, 1989. No. 29824-111389. VIRGINIA, AN ORDINANCE authorizing the execution of Amendment No. 1 to Short Term CDBG Float Loan Agreement, with Downtown Associates and Dominion Bank, in order to provide for the extension of the term of the loan, upon certain terms and conditions. WHEREAS, November 5, November 2, by the terms of a Short Term CDBG Loan Agreement dated 1987, and authorized by Ordinance No. 28850, adopted 1987, a loan in the amount of $962,000.00 in Community Development Block Grant funds was made to Downtown Associates for a two-year term, to provide for refinancing of the rehabilitation and redevelopment of the City Market Building; WHEREAS, Downtown Associates has requested an extension of the loan period to November 23, 1990, in order to allow more time for developing of market leasing; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and to seal and attest, respectively, for and on behalf of the City, Amendment No. 1 to Short Term CDBG Float Loan Agreement, dated November 5, 1987, which Agreement provided for the loan of $962,000 in Community Development Block Grant funds to Downtown Associates, for a period of two years with interest at the rate of three percent (3%) per annum, payable quarterly in arrears; such Amendment to be in the form as is attached to the report of the City Manager dated November 6, 1989, and to be subject to the terms and conditions therein; such Amendment to be approved as to form by the City Attorney. ATTEST: City Clerk. (.iTTM ' November 6, 1989 Honorable Mayor and Members~f ~ ~ ..... :' C6~nC'il Roanoke, Virginia Dear Members of Council: Subject: Short Term Community Development Block Grant (CDBG) Float Loan Agreement, Downtown Associates I. Background: City currently has available in unexpended CDBG budget funds $3,296,846 for 45 community development projects plus administration. This amount represents the unexpended balance of all CDBG funds awarded by the Department of Housing and Urban Development (HUD) to the City of Roanoke. City of Roanoke expends an average $200,000 of these funds each month for projects and administration. Potential exists for utilizin~ ~ large portion of these temporarily idle funds for short-term financing of community and economic development projects which are CDBG-eligible. Funds advanced by HUD to the City of Roanoke can be loaned and secured by a letter of credit ensuring the funds' availability for use on approved projects. Interest charged by the City of Roanoke for use of the funds becomes a source of additional program income to the City. II. Current Situation: City Council aDDroved a short-term low-interest CDBG loan, in the amount of $962,000, to Downtown Associates by Ordinance No. 28850 on November 2, 1987, for the Market Building. Loan was to promote the creation and retention of jobs in the City Market Building. To date, 51 jobs have been retained and 21 new jobs have been created for a total of 72 jobs. Of the 55 jobs occupied in August 1989, 73% were held by low to moderate income persons. City has received 3% interest per year for two years or $48,825 to date (additional $7,215 and $1,680 will be paid on November 1, and November 23, 1989 respectively.) Members of Council Page 2 Loan is due November 23, 1989. Downtown Associates has requested an extension of loan to allow more time for developing of market leasing. III. Issues: A. Benefit to City. B. Risk. C. Impact on other CDBG Drojects. D. Compliance with federal regulations. E. Legal. F. Funding. IV. Alternatives: Authorize the City Manager to execute the attached amendment to the agreement among the City of Roanoke, Downtown Associates, and Dominion Bank National Association, extending to Downtown Associates, for the purpose of re-financing the rehabilitation and redevelopment of the City Market Building, a loan of $962,000 at three percent interest per year for one additional year, secured by a note, and an unconditional and irrevocable letter of credit issued by Dominion Bank. The closing of the loan extension will occur no later than 5:00 p.m. on November 23, 1989. Benefit to the City includes the retention and/or creation of at least__72 jobs in the City Market Building. The City also will receive approximately $28,000 in interest in the year extension of the loan. Risk to the City's CDBG program is minimal. The loan is secured by a letter of credit from Dominion Bank, and can be drawn down at any time the City requires funds for CDBG programs or administration. Impact on other CDBG projects is negligible. The City of Roanoke has the right under the Note to demand repayment, in whole or in part, from Downtown Associates, at any time as in its discretion deems necessary, for any reason, including its need to fund new or ongoing CDBG obligations. Compliance with federal regulations will be achieved. The loan agreement has been fully Members of Council Page 3 Ve reviewed by the Department of Housing and Urban Development. City's Office of Grants Compliance will monitor the float loan program's compliance with all federal CDBG regulations. Legal: The attached agreement was drafted by the City Attorney's Office, and has been reviewed and executed by the other two parties. Fundin~ is available from the unexpended portion of the City's CDBG allocation. Be Do not authorize the City Manager to execute the attached amendment to the three-party, short-term, loan agreement. float Benefits to the City of new jobs at the City Market Building would be jeopardized, and a potential new source of program income would not be utilized. e Risk to the City's CDBG program would not be an issue. e Impact on other CDBG projects would not be an issue. Compliance with federal regulations would not be an issue. 5. Legal aspects of the CDBG program would not change. Funding of current projects and programs would not be affected. Recommendation: It is recommended that City Council adopt Alternative "A" which will authorize the City Manager to execute the attached agreement between the City of Roanoke, Downtown Associates and Dominion Bank National Association, extending to Downtown Associates, for the purpose of re-financing the rehabilitation and redevelopment of the City Market Building, a loan of $962,000 at three percent interest per year for a period not to exceed one additional year, secured by a note, and an unconditional and irrevocable letter of credit issued by Dominion Bank, N.A. The closing of the loan extension would occur prior to 5:00 p.m. on November 23, 1989. Respectfully submitted: W. Robert Herbert City Manager Members of Council Page 4 attachment WRH/MTP cc. Assistant City Manager City Attorney Director of Finance Director of Public Works Chief of Economic Development Chief of Community Planning Grants Monitoring Administrator Downtown Associates, Inc. AMENDMENT NO. 1 to SHOR~ TERM CDBG FLOAT LOAN AGREEMENT THIS AMENDMENT, entered into this by and among the CITY OF ROANOKE, VIRGINIA, corporation chartered under the laws of the day of , a municipal Commonwealth of 1989 Virginia (hereinafter, the "City"), DOWNTOWN ASSOCIATES, a Virginia general partnership composed of Elbert H. Waldron and Horace G. Fralin (Hereinafter, "Downtown Associates"), and DOMINION BANK, NATIONAL ASSOCIATION (hereinafter, "Dominion"). WHEREAS, the City, Downtown Associates, and Dominion have, by a short term CDBG float loan agreement dated November 5, 1987, contracted for the provision of short term financing to Downtown Associates; WHEREAS, pursuant to the authority contained in Ordinance No. 28850, adopted November 2, 1987, the City has drawn down $962,000 from its Community Development Block Grant (CDBG) letter of credit with the Federal government, and pursuant to the above-referenced Agreement has loaned these funds to Downtown Associates for a period of two years; WHEREAS, the loan is secured by a Note dated November 23, 1987, and an unconditional and irrevocable Letter of Credit issued under date of November 20, 1987, by Dominion; WHEREAS, the Note becomes due and payable on November 23, 1989, and Downtown Associates has requested a one (1) year extension of the loan upon certain terms and conditions; and WHEREAS, by Ordinance No. adopted November 6, Amendment Short-term loan page 2 1989, City Council has authorized the execution of this Amendment to the Agreement dated November 5, 1987, such amendment to provide for a one year extension of the existing two year short term CDBG float loan. NOW, THEREFORE, the City, Downtown Associates, and Dominion do mutually agree to amend the Short Term CDBG Float Loan Agreement, dated November 5, 1987, by amending Paragraphs 1. LOAN, 3. LOAN TERMS, 4. LETTER OF CREDIT, and 15. JOB RETENTION, as follows: 1. letter of LOAN. The City has heret61fore drawn from its CDBG Credit with the Federal government funds in the amount of $962,000 to provide short term financing to Downtown Associates for a period of two (2) years with interest at the rate of three percent (3%) per annum from the date of closing of the loan which occurred on November 23, 1987. In order to provide continued short term financing to Downtown Associates, the City agrees to extend the term of the loan for an additional period of one (1) year beginning November 23, 1989, upon appropriate execution of a Note by Downtown Associates evidencing the indebtedness, and provision by Dominion, at the expense of Downtown Associates, of an unconditional and irrevocable Letter of Credit in the amount of $962,000, the Note and Letter of Credit to be approved as to form by the City Attorney. The date and place of closing on the extension of the Loan shall be as mutually agreed upon by the parties, but shall occur not later than November 23, 1989. 3. LOAN TERMS. The terms of the Loan extension, including repayment, shall be as set out in the Note attached as Exhibit A Amendment Short-term loan page 3 hereto and incorporated herein (the "Note"). The Loan extension shall be subject to-the due authorization, execution and delivery to the City by Downtown Associates of the said Note in the form attached hereto and of the Letter of Credit described below. The City may, in its discretion, prior to extension of the loan, require the receipt of additional documents, duly executed by the respective parties hereto, deemed advisable or necessary to further evidence or document the Loan or Letter of Credit, or which may be required by HUD. 4. LETTER OF CREDIT. Dominion-shall, prior to extension of the Loan, at the expense of Downtown Associates, deliver to the City a duly authorized and executed, unconditional and irrevocable Letter of Credit in the amount of $962,000, in the form of the Letter of Credit attached hereto as Exhibit B (the "Letter of Credit"). The Letter of Credit shall be drawn so as to be in effect for a period of at least thirty (30) days past the maturity date of the Note. 15. JOB RETENTION. The Loan extension is expressly made subject to Downtown Associates ensuring that a minimum of seventy two (72) persons are employed in the City Market building during the term of the Loan extension. The City shall have the right to demand payment in full of the Loan at any time that it determines, in its soleiilj~d~e~ent, that fewer than seventy two (72) persons are employed in the City Market. Downtown Associates agrees to furnish the City with documentation of such employment promptly upon request. All terms and conditions of the Short Term CDBG Float Loan Amendment Short-term loan page 4 Agreement dated November 5, 1987, not amended herein, shall remain unchanged and in effect. IN WITNESS WHEREOF, the parties hereto have duly executed this amendment as of the date first written above. ATTEST: CITY OF ROANOKE Mary F. Parker, City Clerk By W. Robert Herbert, City Manager Witness: DOWNT6WN ASSOCIATES By (SEAL) Elbert H. Waldron, Partner By (SEAL) Horace G. Fralin, Partner ATTEST: DOMINION BANK, N.A. By Title: NOTE DOWNTOWN ASSOCIATES Amount: $9~,000 Date: November ~3, 1989 Downtown Associates, a Virginia general partnership, hereby prcmises to pay, upon demand, to the City of Roanoke, a Virginia ~nicipal corporation (the "City"), the principal s~ of NINE HUN~ SIX"rY-T~O THOUSAND DOLLARS ($962,000.00) which has been advanced to Downto~ Associates by the City under the Short-Term CDBG Float Loan Agreement dated Nove~r 5, 1987, ~nd the Short-Term CDBG Float Loan Agreement First Amendment dated , 1989, by and among the City, Downtown Associates, and Dominion Bank National Association (the "(])BG Float Loan Agreement"), as evidenced by a Note dated November 23, 1987, and this Note, which s~ shall be paid to the City in full not later than Nov~her 23, 1990, unless the City shall have demanded payment prior to that date, and been paid in full. Downtown Associ- ates shall pay the City interest beginning on the date of this Note at the rate of three percent (3~) per annum on the ~ount of the principal remaining unpaid. Interest only shall be due and Payable quarterly in arrears beginning February 1, 1990. Payment shall be m~de in legal tender at the Offices of the City's Director of Finance, I~ 4~1, ~amicipal Building, 215 Church Avenue, Roanoke, Virginia, or, at the option of the holder, in such m~nner and at such other place in the City as the holder shall have designated in writing to Downtown Associates. This Note is issued pursuant to the CDBG Float Loan Agreement dated November 5, 1987, and the Short-Term COBG Float Loan Agreenent First Amendment dated , 1989, by and among the City of Roanoke, Downtown Associates, and [k~inion Bank National Association. Dovmtown Associates shall use the proceeds hereof solely for purposes related to the refinancing of the rehabilitation and development of City Market Building, and such proceeds shll not be put to any other use. This note will be accepted by the City only if acccukuanied by a Letter of Credit frcm Dc~inion Bank National Association guaranteeing payment of the prin- cipal hereof upon demand by the City. The City shall have the right at any time to d~nd payment in full or in part of the principal, together with accrued interest, which shall be l~id, with interest due, not later than ten (10) days after d~m. nd for such payment has been made upon Downtown Associates pursuant to the CDBG Float Loan Agreeaent dated November 5, 1987, and this Note. This Note can be prepaid without penalty at any ti..=. This Note shall be geverned by and construed in accordance with Virginia law. Witness our hands and seals the day and year first above written: Witness: ~OWNTOWN ASSOCIATES Witness: (SEAL) Horace G. Fralin, Partner (SE~L) Elbert H. Waldron, Partner DISCLOSURE DECLARATION 2. Bank. I, Noel C. Taylor, am Mayor of the City of Roanoke. I am also a member of the Board of Directors of Dominion I receive less than $10,000 annually in salary, other compen- sation and fringe benefits from Dominion Bank. 3. On November 6, 1989, City Council authorized the extension of a short-term Community Development Block Grant Float Loan to Downtown Associates. Dominion Bank has issued a letter of credit to secure such obligation. 4. It is my understanding that I do not have a "personal interest" in the contract between the City, Downtown Associates and Dominion Bank. Nonetheless, I publicly stated prior to the vote of Council on November 6, 1989, that I was a director of Dominion Bank, and that I would file a written declaration with the City Clerk's Office concerning this matter. 5. This declaration is being filed out of an abundance of caution and upon the advice of the City Attorney. 6. This declaration shall be filed by the City Clerk among the permanent papers of the City and shall be retained and made available for public inspection for a period of five years from the date of filing. November 6 , 1989 Office of the City Clerk November 15, 1989 File #60-236-304-72 Mr. Joel ~. Schlanger Director of Fina~ce Roanoke, Virginia Dear '~1r. ~chlanger: I am attaching copy of Ordinance No. 29825-111389 amending and reordaiaing certain sections of the 1989-90 Grant Funa Appropriations, providing for the appropriation of $44,755.00 to certain accounts to be established in the Grant ~und, in connec- tion with acceptance of a Runaway and Homeless Youth Program Grant awarded ta the Crisis Intervention Center (Sanctuary), by the United States Department of Health and Human Services. ©rdinance No. 29825-111389 was adopted by the Council of the City of ~oanoke on first reading on ~onday, November 6, 1989, also adopte~ by t~e Council on second reading on ~onday, November 15, 1989, and will take effect ten days following the dat~ of its second reading. ~-~ Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Eric , pc: ~r. W. Robert Herbert, City Manager ~r. James D. Ritchie, Director of Human Resources Ms. Andrea ~. Krochalis, Group Home Program Manager, Crisis Intervention Center (Sanctuary) Mr. George C. ~nead, Jr., Director of 6dministration and Public Safety ~r. ~enneth $. Cronin, ~anager, Personnel Management Room 456 MunicipalSuilding 215 Church A~enue, S.W. Roanoke, Virginia 2~011 (70]) 981-25~1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of November, 1989. No. 29825-111389. AN ORDINANCE to amend and reordain certain sections the 1989-90 Grant Fund Appropriations. of THEREFORE, BE IT O~DAINED by the Council of the City of Roanoke that certain sections of the 1989-90 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APpropriations Health and Welfare Runaway and Homeless Youth Grant (1-9) ................ Revenue Health and Welfare Runaway and Homeless Youth Grant (10) ................. 1) Regular Employee Salaries 2) Fringe Benefits 3) Travel 4) Admin. Supplies 5) Training and Development 6) Local Mileage 7) Program Activities 8) Telephone 9) Fees for Prof. Services 10) Federal Grant Receipts (035-054-5126-1002) $30,237 (035-054-5126-1100) 11,188 (035-054-5126-2051) 200 (035-054-5126-2030) 472 035-054-5126-2044) 350 035-054-5126-2046) 400 035-054-5126-2066) 1,120 035-054-5126-2020) 186 035-054-5126-2010) 600 035-035-1234-7082) 44,753 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: $371,951 44,753 $371,951 44,753 this City Clerk. ;':i ' tIT' November 6, 1989 Roanoke, Virginia Honorable Mayor and City Council Roanoke, Virginia Members of Council: SUBJECT: UNITED STATES DEPARll4ENT OF HEALTH AND HU~4AN SERVICES' RUNAWAY AND HO~4ELESS YOUTH GRANT, NUMBER 03CY0269/0! II. I. BACKGROUND The Crisis Intervention Center (SanctuaryI frequently operates with a waiting list for services and does not have sufficient staff resources to provide crisis intervention services to these families. There is presently no staff time or position to provide outpatient and early intervention service~ for diversion from court involvement or entry into a residential and out of family placement. CURRENT SITUATION The United States Department of Health and Human Services' Runaway and Homeless Youth Program Grant~ Number 03CY0269/01, in the amount of $44,753.00 has been awarded to the City of Roanoke's Crisis Intervention Center (Sanctuary). The grant project period is for three years (September 1, 1989 - August 31, 1992). A City in-kind contribution of $4,475.00 will be met by applying management time, clinical supervision, and office space. Once accepted) the grant may be used for two staff positions to augment client services to runaway and homeless youth. Fo The Runaway and Homeless Youth Program Grant will be utilized as follows: 1. Two staff positions, an Outreach Counselor, Group Home Counselor II, and a Social Work Aide, will be established. These staff will provide outreach services, including individual and family counseling, group counseling, structured recreational/educational activities, and referral to existing services at Sanctuary and elsewhere in the community. III. ISSUES A. Cost. B. Need for Service. IV. ALTERNATIVES A. Authorize the City Manager to accept the United States Department of Health and Human Services' Runaway and Homeless Youth Program Grant, Number 03CY0269/01~ and appropriate }447753.00 to accounts to be established in the Grant Fund. 1. Cost. There would be no cost to the City. Need for Service. The acceptance of this grant would permit improvements in the delivery of services, as well as reduce the waiting list and the number of families which Sanctuary is currently unable to serve. Do not authorize the City Manager to accept the United States Department of Health and Human Services' Runaway and Homeless Youth Program Grant, Number 03CY0269/01. 1. Cost. The City would incur a loss of revenue. Need for Service. Should the grant not be accepted, there would be a loss of positive enhancement and continued stress on the service delivery system and Sanctuary's personnel. In addition, services would not be available to local families. V. RECO~4ENDATION Authorize the City Manager to accept the United State~ Department of Health and Human Services' Runaway and Homeless Youth Program Grant~ Number 03CY0269/01. Appropriate $44~753.00 to accounts to be established in th~ Grant Fund by the Director of Finance. W. Robert Herbert City Manager WRH/JDR/ABK/ksf CC: Joel M. Schlanger, Director of Finance Wilburn C. Dibling, Jr., City Attorney James D. Ritchie, Director, Human Resources Kenneth S. Cronin, Manager, Personnel Management Andrea B. Krochalis, Group Home Program Manager, Center {Sanctuary) Crisis Intervention DEPARTMENT OF HEALTH AND HUMAN SERVICES 3535 MARKET STREET PHILADELPH A. PENNSYLVANIA Mr. W. Robert Herbert City Manager City of Roanoke Sanctuary Crisis Intervention Center 836 Campbell Avenue, SW Roanoke, Virginia 24016 SEP o5 1989 Dear Mr. Herbert: Reference: Grant No: Budget Period: Runaway Youth and Homeless Program 03CY0269/1 09/01/89-08/31/90 The enclosed Financial Assistance Award (FAA) provides initial funding in the amount of $44,753 for the fiscal year 1989 basic center grant under the provisions of the Runaway and Homeless Youth Act (P.L.' 98-473). The approved pro)act duration is thirty-six (36) months which ends August 31, 1992. The funds provided in this award are for the twelve months beginning September 1. 1989 and ending August 31. 1990. A requirement of this award is the timely submission o[ regular quarterly reports within thirty (30) days fo[lowing the end of each quarter. Another requirement is the completion of the Program Performance Self/Assessment Instrument by November 30 of each year and the submission of copies to the regional and central offices by December 15. A copy of the Self/Assessment Instrument is enclosed. We would like to take this opportunity to welcome you to the Office of HUman Development Services. We look forward to working with you in providing needed services to the youth of Roanoke, Virginia. If you have any questions or need assistance please contact your Community Program Specialist, Linell Lukesh at (215}596-488Z, or your Financial Management Specialist, Arline Bonnette at (215)596-0294. Cordially. Office for Community Programs_ Enclosures Applicant Revised ~equest Budget Personnel Fringe Benefits Travel 2!:)0 200 Equipment Contractual 600 ~'~ Other ~irect Costs (Total) Indirect Costf Total Fed. Approved Budget 44,83~ 44,753 Nnn-F.derti Share 1,67! 4 Total Prograo Costs 49,504 ~%228 ~e.:m. sed 472 49,22B Other Revisions and Comments (Specify - This grant action awards on-going FY'B9 funds for the first year of a cl-,/ear nfo.eot oar od. - Note that Non-Federal Share line on Total Revised Budget oniy reflects t~e i0~ require~. - Revisions include $600 in ~ontractual iConsultant fees) movtd tc Other. - Other Category also reflects a reduction by ~80 due t~ t re¥1sion ,~, )o~vo~ federal funds. DEPARTMEN]' OF HF.A~ ~ A~lJ HU~AN SERVICES Offlc~ of Human ~-.,~'eiop. me~t ,Service E.q: "~VA.mNGOFF~CE FINANCIAL ASSISTANCE AWARDS IPM$OOCUMENTNUMSER: · : ' 2 ASS'~TA.CE rVR~ 0~ 03CY026901 42 U U 570 836 CAMPBELL AVENUE ROANOKE VA 24016 EARL B. REYNOLDS I$. AlmPROVEO BUDGET' PERSONNEL .... FRINGE BENEFITS ..................... ~"RAVEL CONTRACTUAL .... OTHER . TOTAL DIRECT COSTS .................... TOTAL INDIRECT COSTE CALCULATED .... $ AT % OF $ 30,237 11,188 20O 0 472 0 2,656 44,753 0 RUNAWAy AND HONELESS YOUTH A NON'FEDERALSHARE $ 4, 475 9. l m FEDERALSHARE $ 44,753 90.9 ........... s 44,753 E. UNOELIGATED SALANCE FEDERAL SHARE .... $ 0 C. FED. SHARE AWARDED THIS BUDGET PERIOD. . $ 4 4,7 .~ 3 ~ FEDERAL $ AWARDE * ~ tOTAL IN-~N D CONTRIBUTIONS ......... S 0 ,. ................... . ~2. APRUCANT EIN: 123. PAYEE EIN: -' 124. OBJECTCIAsS: ' '~'.'~,'-.,'~r,~.',.~t~.*(*) i, 44,753 . 1546001569A1 1546001569A1 41.51 ..... NONFED % ........... 26. REMARKS: - PAY CODE 1 - PAID BY T~E D~S PMS~ SEE REVERSE ~0; .............. PAYMENT INPO. ATTACHED ARE TERMS AND CONDITIONS, INSTRUCTIONS FOR REQUESTING FUNDS, REPORTING REQUIREMENTS, T~R ~DS GRANTS ADMINISTRATION MANUAL, 45 CFR PA~T 74 (IN THE ~DS/GAM), 45 CFR PART 92 (FOR STATE, LOCAL, AND FEDERALLY RECOGNIZED TRIBAL GOVERNMENTS ONLY), AND A COPY OF THE ANTI-LOEEYING NOTICE. TNE INITIAL EXPENDITURE OF FUNDS BY THE G~ANTEE CONSTITUTES ACCEPTANCE OF THIS AWARD. T~IS AWARD IS SUBJECT TO HDS REGULATIONS CODIFIED AT 45 CFR 1351. (*) REFLECTS ONLY FEDERAA SHA~E OF APPZOVED BUDGET FY'S9 FUNDING LEVEL AMT AWARDED TO DATE $44,753 $44,753 T~IS AWARD REPRESENTS T~E FIRST YEAZ OP A THrEE-YEAR PROJECT PERIOD 0P 9/~/89 - 8/3~/92. COMPETITIVE AWARD UNDE~ PROGRAM ANNOUNCEMENT NO (FED. ~EG. 3/21/89). · APPRoPrIATION NO. 7591636 AE/LS/8/23/89 RICEARD SPZTZBORG HDS/ACYF/RHy 13.623-89-1 Office of the City Clerk November 15, 1989 File #24A-27 Hr. ~. Robert Herbert City ~anager Roanoke, Virginia Dear ~r. Herbert: I am attaching copy of Ordinance No. 29829-111389 amending Article III, Sewer Use Standards, of Chapter 26~ Sewers and Sewage Disposal, of the Code of the City of Roanoke (1979), as amended, by amending and reordaining §26-43, Definitions, subsec- tions (b) and (i) of §26-44, Ceneral requirements, §26-45, Prohibited discharges generally, subsection (b) of §26-46, Discharge of heavy metals and toxic materials, subsection (a) of §26-56, Discharge permits for industrial waste, and adding new subsections (c) and (d) to §26-66, Penalty for violations, of Article [[[, Sewer Use Standards, or Chapter 26, Sewers and Sewage Disposal, such code amendments and additions improving and increasing the protection program for the City's publicly owned treatment works. Ordinance No. 29829-111389 was adopted by the Council of the City of Roanoke on first reading on ~onday, November 6, 1989, also adopted by the Council on second reading on ~onday, November 13, 1989, and will take effect ten days following the date of its second reading. Sincerely, ,~Iary F. Parker, C,~C City Clerk MFP:ra Enc. pc: The Honorable Roy B. Willett, Chief Judge, Circuit Court The Honorable Clifford R. ~eckstein, Judge, Circuit Court The Honorable Diane ~cQ. Strickland, Judge, Circuit Court The Honorable Kenneth E. Trabue, Judge, Circuit Court 305 East ~ain' Street, Salem, Virginia 24153 Room 456 Municipal Building 215 Church Avenue, $. W, Roanoke, Virginia 24011 (703) 901-2541 ~r. ~. Robert Herbert November 15, 1989 Page 2 pc: The Honorable C. O. Clemens, Judge, Circuit Court P. O. Box 1016, Salem, Virginia 24153 ' The Honorable Philip Trompeter, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Fred L. Hoback, Jr., Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Edward S. Kidd, Jr. Chief Judge General District Court ' ' The Honorable Julian H. Raney, Jr. Judge General District Court The Honorable Richard C. Pattisal Judge General District Court ' ' The Honorable Patsy Testerman, Clerk, Circuit Court ~s. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Mr. Ronald ~lbright, Clerk, General District Court ,Mr. ~ilDurn C. Dibling, Jr., City Attorney The Honorable Donald S. Caldwell, Commonwealth's Attorney Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Ur. Bobby D. Casey, Office of the :~agistrate, p. O. Box 13867, Roanoke, Virginia 24037 ~s. Clayne ~. Calhoun, Law Librarian .~r. Robert L. Laslie, Vice President - Supplements, ,Municipal Code Corporation, p. O. Box 2235, Tallahassee, Florida 32304 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1989. No. 29829-111389. AN ORDINANCE amending Article III, Sewer Use Standards, of Chapter 26, Sewers and Sewage Disposal, of the Code of the City of Roanoke (1979), as amended, by amending and reordaining $26-43, Definitions, subsections (b) and (i) of $26-44, General requirements, $26-45, Prohibited discharges generally, subsection (b) of $26-46, Discharge of heavy metals and toxic materials, subsection (a) of $26-58, Discharge permits for industrial waste, and adding new subsec- tions (c) and (d) to $26-66, Penalty for violations, of Article III, Sewer Use Standards, of Chapter 26, Sewers and Sewage Disposal, such code amendments and additions improving and increasing the protection program for the City's publicly owned treatment works. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 28-43, Definitions, subsections (b) and (i) of $28-44, General requirements, $9~8-45, Prohibited discharges generally, subsection (b) of $28-48, Discharge of heavy metals and toxic materials, subsection (a) of $26-56, Discharge permits for industrial waste, and $26-88, Penalty for violations, of Article III, Sewer Use Standards, of Chapter 26, Sewers and Sewage Disposal, are hereby amended and reordained to read and provide as follows: $28-43. Definitions. Approving Authority for purposes of this Article only shall mean the City Manager or his duly authorized representative and shall be equivalent to control authority. Standard Industrial Classification (SIC) means classi- fication pursuant to the Standard Industrial Classifi- cation Manual issued by the Executive Office of Nanagement and Budget, 1987, as amended. ~26-44. General requirements. (b) No significant industrial user or other user as determined by the approving authority shall discharge industrial wastewaters into the sanitary sewer system without an appropriate industrial waste discharge permit as provided in this article. (h) A person discharging in violation of the provisions of this article, within thirty (30) days of the date of such discharge, shall sample, analyze and submit the data to the approving authority unless the control authority elects to perform such sampling. [ end of section ] ~26-45. Prohibited discharges generally. (a) No person shall discharge into public sewers any waste which, by itself or by interaction with other wastes, may: (1) Injure or interfere with wastewater treatment pro- cesses or facilities. (2) Constitute a hazard to humans or animals. (3) Create a hazard in receiving waters of the wastewater treatment plant effluent. (4) Generate heat in amounts which will inhibit biolo- gical activity in the plant resulting in inter- ference, and in no case heat in such quantities that the temperature at the plant exceeds forty (40) degrees Celsius (one hundred four (104) degrees Fahrenheit) unless the approving authority approves alternate temperature limits. (b) Discharges into public sewers shall not contain: (1) Antifreeze. (2) Fluoride other than that contained in the public water supply. - 2 - (3) Chlorides in concentrations greater than 250.mg/1. (4) Gasoline, benzene, naphtha, fuel oil or other flam- mable or explosive liquid, solid or gas. (5) Substances causing a chemical oxygen demand (COD) greater than 1,500.mg/1 in the wastewater. (6) Strong acid or concentrated plating solutions, whether neutralized or not. (7) Fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/1 or containing substances which may solidify or become viscous at tem- peratures between thirty-two (32.) degrees and one hundred fifty (150) degrees Fahrenheit (0.° and 65.° Centigrade). (s) Obnoxious, toxic or poisonous solids, liquids, or gases in quantities sufficient to violate the pro- visions of subsection (a) of this section. (9) Waste, wastewater or any other substance having a pH lower than 5.5 or higher than 9.5, or any other substance with a corrosive property capable of causing damage or hazard to structures, equipment and personnel at the wastewater facility. (10) Substances which cause a COD to BOD ratio greater than 5. (11) Waste, wastewater or any other substance containing phenols, hydrogen sulfide or other taste-and-odor producing substances that have not been minimized. After treatment of the composite wastewater, effluent concentration limits raay not exceed the requirements established by state, federal or other agencies with jurisdiction over discharges to receiving waters. (c) Prohibited heavy metals and toxic materials include, but are not limited to: (1) Antimony. (2) Beryllium. (3) Bismuth. (4) Cobalt. (5) Molybdenum. (6) Uranium ion. B (7) Rhenium. (8) Strontium. (9) Tellurium. (10) Herbicides. (11) Fungicides. (12) Pesticides. ~9,6-46. Technical based local limits. (b) The maximum allowable concentrations of heavy metals and toxic materials stated in terms of milligrams per liter (mg/L.), determined on the basis of individual sampling in accordance with "Standard Methods" are: (1) Arsenic: .25 mg/L. (2) Barium: 5.0 mg/L. (3) Boron: 1.0 mg/L. (4) Cadmium: 0.02 mg/L. (5) Chromium, Total: 2.0 mg/L. (6) Chromium VI: .011 mg/L. (7) Copper: 1.0 mg/L. (8) Lead: .2 mg/L. (9) Manganese: 1.0 mg/L. (10) Mercury: 0.005 mg/L. (11) Nickel: 2.0 mg/L. (12) Selenium: 0.02 mg/L. (13) Silver: 0.1 mg/L. (14) Zinc: 2.0 mg/L. (15) Cyanide: 1.0 mg/L. In addition, if it is determined that any one of these parameters exceeds the state effluent requirements for the wastewater treatment plant, an adjustment in the - 4 - given parameter concentration limit will be required. To accomplish this, the industrial discharge permits for industries discharging the particular compound will be adjusted to insure compliance. ~26-56. Discharge permits for industrial waste. (a) It shall be unlawful for any significant industrial user or other user as determined by the approving authority to discharge industrial waste into the public sanitary sewer system unless an appropriate Industrial Discharge Permit has been issued by the approving authority. In order to obtain an Industrial Discharge Permit, such person shall: (1) Submit a complete appIication at least ninety (90) days prior to the date proposed for initial discharge on forms supplied by the approving authority. The approving authority will act upon the application within sixty (60) days. (2) Comply with all requirements for the discharge per- mit including, but not limited to, provisions for payment of charges, installation and operation of pretreatment facilities and sampling and analysis to determine quantity and strength. (3) Provide a sampling point subject to the provisions of this article and approval of the approving authority. (4) Comply with the requirements of federal categorical standards, where applicable, including the develop- ment of any required compliance schedules or the applicable provisions of this article. $26-66. Penalty for violations. (c) Any person who knowingly makes any false state- ments, representations or certifications in any applica- tion, record, report, plan or other document files required to be maintained pursuant to this ordinance, or wastewater permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance shall, upon convic- tion, be punlshable by a fine of $1,000.00 per viola- tion, per day, or imprisonment for not more than one year, or both. (d) The approving authority shall be authorized to imple- ment such other program and enforcement mechanisms as are consistent with regulatory guidelines and are deemed appropriate. ATTEST: City Clerk. 7: '- C, iT" ': Roanoke, Virginia November 6, 1989 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Amend Sewer Use Standards (Article III of Chapter 26 of the City Code) to comply with the EPA Pretreatment Standards. I. Background: Pretreatment proKrams protect Publicly Owned Treatment Works (POTWs) from harmful industrial discharges. Environmental Protection AKency (EPA) audited the City's pre- viously EPA approved pretreatment program citing deficiencies resulting in an administrative order. The order requires the City to: Enact Interjurisdictionat Pretreatment Agreements (supplemental to the 1972 Interjurisdictional Agreements), 2. Update the Valleywide industrial survey, 3. Assign proper industrial categorizations, 4. Develop technical based limits for pollutants, 5. Amend the City's wastewater code, 6. Develop and reissue industrial discharge permits, Do Mandated chanEes were required by EPA, with the enforcement program subsequently turned over to the Virginia Water Control Board (VWCB) on April 14)1989. City Code amendments are necessary to comply with the EPA Administrative Order. Council approval of the changes are necessary to amend the City Code per EPA's request. Fine of $25,000.00 per day could result if compliance is not met. II. Current Situation: Inter~urisdictional Pretreatment AKreements, previously authorized by City Council, were executed as follows: 1. Botetourt County executed on February 17, 1989. 2. Roanoke County executed on February 9, 1989. 3. Salem City executed on February 9, 1989. 4. Vinton Town executed on February 9, 1989. Bo Industrial Waste Survey was authorized by Council on May 22, 1989 and completed August 1989. Proposed Amendments to the Pretreatment Program have been submitted to the VWCB and EPA has requested comments prior to October 13, 1989. Final com- ments have not been received. C. Proper industrial categorization was assigned and completed September 28, 1989 as part of the Industrial Waste Survey. D. New technically based local limits were completed September 8, 1989 (see Attachment). E. Amendments to the City's Wastewater Code dealing primarily with: 1. Definition changes, 2. Enforcement, 3. Right-of-entry, 4. Permitting procedures (including a requirement that permits be issued a minimum of every five (5) years), were authorized by Council on June 26, 1989, and submitted to the VWCB for approval (VWCB wishes to consider these changes as part of the complete Pretreatment Program package submitted Oct- ober 2, 1989). F. Development of a new Industrial Wastewater Discharge Permit form was submitted to EPA on April 13, 1989 (VWCB wishes to consider these changes as part of the complete Pretreatment Program package submitted October 2, 1989). G. Additional Review of the proposed local limits was necessitated last week by recently enacted regulatory changes. Finalization of the Amendments to the Sewer Use Standards local limits needs to be accomplished without awaiting further on comments by the VWCB in order for Council to take action by the November 6, 1989 deadline. I. Water R~sources Con~nittee was briefed on October 23, 1989. Committee concurred in a request that the final report of recom- mendations be presented to Council in order to meet the November 6, 1989 deadline. III. Impact: A. Technical based limits will affect twenty-two (22) of the appr- oximately one-hundred-fifty (150) valleywide industries. These are technical based limits designed to ensure that the final plant discharge meets VPDES permit imposed stream standards and EPA class "A" sludge requirements for land application (See Attachment). B. Industries affected will be required to: 1. Refine their pretreatment process if they presently pre-treat; 2. Change their pre-treatment process if they presently pre-treat; 3. Add pre-treatment; and/or 4. Change their industrial process. These industries will also be monitored to insure compliance. IV. Issues in order of priority: A. Need B. Timing C. Benefit D. Cost IV. Alternatives: City Council approve changes in the Sewer Use Standards of the City Code, establishing revised local limits and other minor changes in the pretreatment program as required by regulatory agencies. 1. Need to comply with EPA mandate will be met. 2. Timing is important to meet the November 6, 1989 deadline. 3. Benefit is derived from the Pretreatment Program to protect the Roanoke Regional POTW. 4. Cost, no direct cost at this time. City Council not approve changes. 1. Need to comply with EPA mandate will not be met. 2. Timing is a moot issue. 3. Benefit of a protection program for the Roanoke Regional POTW will not be derived. Cost, possibility of a maximum fine of $25~000.00 per day. VI. Recommendation: City Council concur with Alternative "A" approving the changes in the City Code, and authorizing changes in pretreatment program, thus complying with the EPA's audit concerning the Sewer Use Stan- dards. WRH:SLW/csk cc: City Attorney Director of Finance Respectfully submitted, W. Robert Herbert City Manager LOCAL LIMITS COMPARISON mg/L Parameter Current Proposed BOD-5 none none TSS 250.00 none A~nmonia none none Cadmium 0.02 0.02 Chromium, Total 5.0 2.0 Chromium III none none Chromium VI none 0.011 Copper 1.0 0.88 Cyanide 1.0 1.0 Lead 0.1 0.2 Mercury 0.005 0.005 Nickel 1.0 2.0 Silver 0.1 0.1 Zinc 5.0 2.0 Phenols none 4.08 Arsenic 0.05 0.25 Arsenic III none none Barium 5.0 5.0 Boron 1.0 1.0 Manganese 1.0 1.0 Selenium 0.02 0.02 No. Indus. WPCP Water Quality Standards Impacted Disch. Current Proposed none 2.5 none none none 3.375 none @ none none 0.875 tables same 7 0.002 0.002 (1) same 2 0.01 0.027 (2) same none none 0.46 (3) same 4 0.050 0.011 same 8 1.041 0.0274(4) same 5 0.01 0.005 same 5 0.025 0.0112(5) 0.0111(6) none 0.0003 none 0.012 3 0.O25 0.20 (7) 0.035 (8) none 0.005 0.0002 (9) 0.12 9-22 0.058 0.0047 0.27 (10) none 0.003 0.001 256 none 0.001 none none none none 0.19 same .... none none .... none none .... none none none 0.001 none none (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) e(0.7852(ln(hardness))-3.490) e(0.8545(ln(hardness))-l.465) e(0.8190(ln(hardness))+l.561) e(0.8545(ln(hardness))-l.465) (1.273(in(hardness))-4.705) e (1.273(in(hardness))-4.705) e e(0.76(ln(hardness))+l.06) (0.846(ln(hardness))-l.1645) e e(1.72(ln(hardness))-6.52)x0.01 e(0.8473(ln(hardness))0.8604) LOCAL LIMITS COMPARISON m~/L CORRECTED COPY Parameter BOD-5 TSS Amanonia Cadmium Chromium, Total Chromium III Chromium VI Copper Cyanide Lead Mercury Nickel Silver Zinc Phenols Arsenic Arsenic III Barium Boron Manganese Selenium Current Proposed No. Indus. WPCP Impacted Disch. Current Water Quality Standards Proposed none none none 2.5 none none 250.00 none none 3.375 none none none none none 0.875 tables@ same 0.02 0.02 7 0.002 0.002 (1) same 5.0 2.0 2 0.01 0.027 (2) same none none none none 0.46 (3) same none 0.011 4 0.050 0.011 same 1.0 1.00 * 8 1.041 0.0274(4) same 1.0 1.0 5 0.01 0.005 same 0.1 0.2 5 0.025 0.0112(5) 0.0111(6) 0.005 0.005 none 0.0003 none 0.012 1.0 2.0 3 0.025 0.20 (7) 0.035 (8) 0.1 0.1 none 0.005 0.0002 (9) 0.12 5.0 2.0 9-22 0.058 0.0047 0.27 (10) none 4.08 none 0.003 0.001 256 0.05 0.25 none 0.001 none none none none none none 0.19 same 5.0 5.0 .... none none 1.0 1.0 .... none none 1.0 1.0 .... none none 0.02 0.02 none 0.001 none none (0.7852(In(hardness))-3.490) (1) e (2) e(0'8545(ln(hardness))-l'465) (0.8190(ln(hardness))+l.561) (3) e (4) e(0'8545(ln(hardness))-l'465) (5) e(l'273(ln(hardness))-4'705) (6) e(l'273(ln(hardness))-4'705) (7) e(0'76(ln(hardness))+l'06) (0.846(ln(hardness))-l.1645) (8) e (9) e(l'72(ln(hardness))-6'52)x0.01 (10) e(0'8473(In(hardness))0'8604) Changed from 0.88 mg/L to remain at the original 1.0 mg/L. Office of the City C~erk November 15, 1989 File #472-2? Oominion Car Company 1259 East Main Street Salem, Virginia 24153 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 29830-111389 accepting the bid of Dominion Car Company for two pickup trucks for use by the City, in the amount of $23,142.40. Ordinance No. 29830-111389 was adopted by the Council of the City of Roanoke on first reading on Monday, November 6, 1989, also adopted by the Council on second reading on Monday, November 13, 1989, and will take effect ten days following the date of its second reading. ? Sincerely, Mary F.~arker, City Clerk C~C MFP:ra Enc. pc: 2r. W. Robert Herbert, City Manager ~r. git B. Kiser, Director of Utilities and Operations Mr. Steven L. Walker, Manager, Sewage Treatment Plant ~r. George C. Snead, Jr., Director of ,~dministration Public Safety ~r. D. Darwin Roupe, ~anager, General Services and Room AS& Municipal Building 215 Church Avenue. S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk November 15, 1989 File #4?2-27 ,~r. Robbie Whitwell Shelor Chevrolet 2325 Roanoke Road Christiansburg, Virginia 24073 Dear ~r. Whitwell: I am enclosing copy of Ordinance No. 29830-111389 accepting the bid of Dominion Car Company for two pickup trucks for use by the City, in the amount of $23,142.40. Ordinance No. 29830-111389 was adopted by the Council of the City of Roanoke aa first reading on ~onday, November 6~ 1989, also adopted by the Council an second reading on ~onday, November 13~ 1989, and will take effect ten days following the date of its second reading. On behalf of the ~ayor and ~embers of City Council, I would like to express appreciation for submitting your bid on the above- described vehicles. Sincerely, ~, .~lary F. Parker, C,~C City Clerk ,~FP:ra Enc. Room 456 MunicipaIBuilding 215Church Avenue, S,W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk ~ovember 15, 1989 File #472-27 ~r. Ken D. Spangler Fleet Manager Berglund Chevrolet P. ©. Box ~2608 Roanoke, Virginia 24027 Dear ~r. Spangler: I am enclosing copy of Qrdinance No. 29830-111389 accepting the bid of Dominion Car Company for two pickup trucks for use by the City, in the amount of $23,142.40. Ordinance Mo. 29830-111389 was adopted by the Council of the City of Roanoke on first reading on ,~onday, November 6, 1989, also adopted by the Council on second reading on ~onday, November 13, 1989, and will take effect ten days following the date of its second reading. On behalf of the ,~ayor and Members of City Council, I would like to e.rpress appreciation for submitting your bid on the above- described vehicles. Sincerely, ~lary F. Parker, City Clerk CMC MFP:ra Enc. Room45& MunicipalRuilding 21SChurch Avenue. S.W. Roanoke, Virginia 24011 (703)981-2541 Office of the City Clerk November 15, 1989 File #472-27 Mr. Christopher K. Clown Fleet Manager Allred Chevrolet, Inc. P. O. 8ox 1012 Roanoke, Virginia 24153 Dear ~r ~ ~ · ~lown: I am enclosing copy of Ordinance No. 29830-111389 accepting the bid of Dominion Car Company for two pickup trucks for use by the City, in the amount of $23,142.40. Ordinance No. 29830-111389 was adopted by the Council of the City of Roanoke on first reading on ~onday, ~ovember 6, 1989, also adopted by the Council on second reading on ~onday, November 13, 1989, and will take effect ten days following the date of its second reading. On behalf of the Mayor and Members of City Council, [ would like to express appreciation for submitting your bid on the above- described vehicles. gincerely, ~ Mary F. Parker, OMC City Clerk MFP:ra Eno. Room456 MunicipalSuilding 215Church Avenue, $. W. Roanoke, vi~gini;J 24011 (703)981-2541 Office of the City Clerk November 15, 1989 File #472-27 Ur. Paul Gim Fleet Manager ~agic City Ford Corporation P. O. 8ox 12807 Roanoke, Virginia 24028 Dear ~r. ~im: I am enclosing copy of Ordinance No. 29830-111389 accepting the bid of Dominion Car Company for two pickup trucks for use by the City, in the amount of $23,142.40. Ordinance No. 29830-111389 was adopted by the Council of the City of Roanoke on first reading on ~onday, November 6, 1989, also adopted by the Council on second reading on ~onday, November 13, 1989, and will take effect ten days following the date of its second reading. On behalf of the ~ayor and ~embers of City Council, £ would like to express appreciation for submitting your bid on the above- described vehicles. Sincerely, ~ ~4ary F. Parker, C~4C City Clerk MFP:ra Enc. ROOm 4S6 Municipal Building 215Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 13th day of November, 1989. No. 29830-111389. VIRGINIA, AN ORDINANCE providing for the purchase of two pickup trucks for use by the City, upon certain terms and conditions, by accepting a bid made to the City for furnishing and delivering such equipment, and rejecting other bids m~de to the City. BE 1. furnish IT ORDAINED by the Council of the City of Roanoke that: The bid of Dominion Car Company, made to the City offering to and deliver to the City, f.o.b., Roanoke, Virginia, two one- half ton pickup trucks for use at the Water Pollution Control Plant for the sum of $23,142.40, is hereby ACCEPTED. 2. The City's ~lanager of General Services is authorized and directed to issue the requisite purchase order therefor, incorporating into said order the City's specifications, the terms of said bidder's proposal, and the terms and provisions of this ordinance. 3. The other bids made to the City for the supply of such equip- ment are hereby REJECTED, and the City Clerk is directed to notify such other bidders and to express the City's appreciation for their bids. ATTEST: City Clerk. Roanoke, Virginia November 6, 1989 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: BIDS FOR PICKUP TRUCKS BID NUMBER 89-9-50 I concur with the recommendation of the attached report and recommend it to you for appropriate action. c: City Attorney Director of Finance Respectfully Submitted, W.~bert~~ C±ry Manager Roanoke, Virginia November 6, 1989 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: BIDS FOR PICKUP TRUCKS BID NUMBER 89-9-50 Backqround Two (2) Pickup Trucks were budgeted in the Water Pollution Control Plant '89 - '90 budget. Specifications were developed and sent to eleven (11) vendors currently on City's bid list. A public advertisement was also published in the Roanoke Times and World News. Bids were received, after due and proper advertisement, until 2:00 p.m., on October 5, 1989, at which time all bids so received were publicly opened and read in the Office of the Manager of General Services. II. Current Situation Five (5) bid responses were received. Bid tabulation is attached. All bids were evaluated in a consistent manner by representatives of General Services and Water Pollution Control Plant. C. The lowest bid as submitted by Dominion Car Company meets all required specifications. Honorable Mayor and City Council Page 2 III. IV. of 150,000 miles Issues A. B. Units bid are to replace units that are in poor condition and currently have in excess each. ~eed Compliance with Specification C. Funding Alternatives Council accept the lowest responsible bid, for two (2) New Pickup Trucks from Dominion Car Company for the total amount of $ 23,142.40. Need to replace old units in poor condition would be met· Compliance with Specifications - the bid submitted by Dominion Car Company meets all required specifications. Funding - funds are available in Water Pollution Control Plant account 003-056-3175-9015. B. Reject all bids Need of vehicle replacement would not be met. o Compliance with Specification would not be a factor with the alternative. Funding - available funds designated for this purchase would be expended. V. Recommendation Honorable Mayor and City Council Page 3 A. Council concur with Alternative "A" - accept the lowest responsible bid for two (21 new pickup trucks as submitted by Dominion Car Company for the total of $ 23,142.50 and reject all other bids. Respectfully submitted Committee: Kit B. Kiser St even-L. ' Walker D. Darwin Roupe DDR/klm c: City Attorney Director of Finance o o o Office of the City Clerk November 15, 1989 File #121-472 Mr. William C. ~ogan Leasing Manager Magic City Motor Corporation P. 0. Box 12807 Roanoke, Virginia 24028 Dear Mr. Logan: I am enclosing copy of Ordinance No. 29831-111389 accepting the bid of Magic City Motor Corporation for the lease of two new four-door 1990 Ford Crown Victorias, for a term of 48 months, at a charge of $412.78 per month per unit, for use by the Sheriff's Department. fgrdinance No. 29831-111389 was adopted by the Council of the City of Roanoke on first reading on ~4onday, November 6, 1989, also adopted by the Council on second reading on ~onday~ November 13, 1989, and will ~ake effec~ ten days following the date of its second reading. Sincerely~ Ma~y F. Parlor, C~ty C~er~ MFP:ra Enc. pc: The Honorable W. Alvin Hudson, City Sheriff Mr. W. Robert Herbert, City Manager Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. D. Darwin Roupe, Manager, General Services and Room 456 MunicipaIBuilding 215Church Avenue, $. W. Roanoke. Virginia 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 13th day of November, 1989. No. 29831-111389. VIRGINIA, AN ORDINANCE providing for lease of for use by the Sheriff's Department, ditlons, by accepting a bid made to such vehicles. two (2) motor vehicles upon certain terms and con- the City for the lease of BE IT ORDAINED by the Council of the City of Roanoke that; 1. The bid of Magic City Motor Corporation made to the City offering to lease to the City for use by the Sheriff's Department two (2) new 4-door 1990 Ford Crown Victorias for a term of forty- eight (48) months at a charge of $412.78 per month per unit, is hereby ACCEPTED. Upon payment of the last monthly charge, title to the vehicles shall be transferred to the City. 2. The City's Manager of General Services is hereby authorized and directed to issue any required purchase order for the lease of such vehicle, and the City Manager or the Assistant City Manager is authorized to execute, for and on behalf of the City, any required lease agreement with respect to the aforesaid vehicle, any such agreement to be in such form as shall be approved by the City Attorney. ATTEST: City Clerk. '89 Roanoke, Virginia November 6, 1989 Honorable Mayor and City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: Leasing of Automobiles for Sheriff's Department, B~dNu~ber 89-X0-1 This is to concur in the Bid Committee's recommendation for leasing of automobiles for the Sheriff's Department. Respectfully Submitted, W. Robert Herbert City Manager DDR:ss cc: City Attorney Director of Finance Roanoke, Virginia November 6, 1989 Honorable Mayor and City Council Roanoke, Virginia Dear Member of City Council: SUBJECT: Le&aing of Automobiles for Sheriff's Department, Bid Nmaber 89-10-1 Reauest for Ouotations were specifically sent to eight {8) firms currently on the City's bid list. This request was also published in the Roanoke Times and World News on October 8, 1989. Reauested Vehicles are to be used for necessary transportation of prisoners and for the serving of civil papers and criminal warrants. All bids received, after due and proper advertisement were publicly opened and read, at 2:00 P.M. on October 18, 1989, in the Office of the Manager of General Services. II. Current SiTuation Ae 0nlv one bid was received. That bid was submitted by Magic City Motor Corporation. The bid received was evaluated by representatives of the Sheriff's Department and General Services Department. Ce Th~ bid submitted by Magic City Motor Corporation, to lease two (2) new automobiles for the monthly cost of $412.78 each, mee~s all required specifications. Reauested vehicles will replace two (2) existing units which are experiencing high maintenance repair cost and increased downtime. Sheriff's vehicles are leased for a period of forty-eight months at which time they become City Property. III. IV. A. Need B. Compliance with Specifications C. Expense Reimbursement D. Fund Availability Council accept the bid to lease two (2) new automobiles for the Sheriff~s Department from Magic City Motor Corporation for a per~od of forty-eight (48) months at a cost of $412.78 per unit, per month. Need - requested vehicles are necessary to perform required duties of the Sheriff~e Department. Compliance with Specifications - The bid submit~ed by Magic City Motor Corporation meets all required specifications. Expense Reimbursement - the State of Virginia will reimburse at twenty-four {.24) per mile, per vehicle. Fund Availability - Funds are available in the Sheriff's Department, Equipment Rental Account 001-024-3310-3070. B. Reject the bid Need - The objective to continue required duties in the Sheriff's Department would not be accomplished in the most efficient and timely manner. Compliance with Specificat~Q~s - would not be a factor in this alternative. Expense Reimbursement - would not be a factor in this alternative. Fund Availability - Designated Funds would not be expended. Covncil concur in Alternative "A" - accept the bid from Magic City Motor Corporation to lease two (2) new automobiles for the Sheriff~s Department, for a period of forty-eight (48) months at a cost of $4~2,78 per unit, per month. Respectfully Submitted, Conittaa: Sheriff, #. Alvin Hudson DDR:ss cc: City Attorney Director of Finance D. Darwin RoUpe Office of the City Clerk November 15, 1989 File #27 Mr. Martin J. ~alinowski Corporate Traffic ~anager ~ontgomery Tank Lines P. O. Box 186 Pleasant Prairie, Wisconsin 53158 Dear Mr. Malinowski: I am enclosing copy of Ordinance No. 29832-111389 accepting the bid of ~ontgomery Tank Lines for transportation of pickle liquor from Yorkville, Ohio, to Roanoke, Virginia, for the period of November i, 1989, to October 31, 1990, for the price of $1.75 cwt on 48,000 pounds per load. Ordinance No. 29832-111389 was adopted by the Council of the City of Roanoke on first reading on Monday, November 6, 1989, also adopted by the Council on second reading on ~onday, November 13, 1989, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Enc. pc: Mr. W. Robert Herbert, City Manager Mr. Kit B. Kiser, Director of Utilities and Operations ~r. Steven L. Walker, Manager, Sewage Treatment Plant ~r. George C. Snead, Jr., Director of Administration Public Safety Mr. O. Darwin Roupe, Manager, General Services and ROOm 456 MunicipaIBuilding 215 Church Avenue. S.W. Roanoke, Virginia 24011 (703)981-2541 Office of the City Clerk November 15, 1989 File #27 Mr. John Carrigan Regional Director/Sales Matlack, Inc. P. O. Box 1791 Wilmington, Delaware 19899 Dear Mr. Carrigan: I am enclosing copy of Ordinance No. 29832-111389 accepting the bid of Montgomery Tank Lines for transportation of pickle liquor from Yorkville, Ohio, to Roanoke, Virginia, for the period of November 1, 1989, to October 31, 1990, for the price of $1.75 cwt on 48,000 pounds per load. Ordinance No. 29832-111389 was adopted by the Council of the City of Roanoke on first reading on Monday, November 6, 1989, also adopted by the Council on second reading on Monday, November 13, 1989, and will take effect ten days following the date of its second reading. On behalf of the ~ayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described item. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Enc. Room 456 Municipal0uilding 215 Church Avenue. S.W. Roanoke, Virginia 24011 (703)901-2S41 Office of the City Clerk November 15, 1989 File #27 Mr. Kevin B. Dess' Account Manager OSI Transports, Inc. P. O. Box 12031 Roanoke, Virginia 24012 Dear Mr. Dess: I am enclosing copy of Ordinance No. 29832-111389 accepting the bid of Montgomery Tank Lines for transportation of pickle liquor from Yorkville, Ohio, to Roanoke, Virginia, for the period of November 1, 1989, to October 31, 1990, for the price of $1.75 cwt on 48,000 pounds per load. Ordinance No. 29832-111389 was adopted by the Council of the City of Roanoke on first reading on Monday, November 6, 1989, also adopted by the Council on second reading on Monday, November 13, 1989, and will take effect ten days following the date of its second reading. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described item. Sincerely, /~ Mary F. Parker, CMC City Clerk MFP:ra Enc. Room 456 Municipal Building 215Church Avenue, S.W. Roanoke, Vi;gini4 24Oll (703)981-2541 Office of the City Clerk November 15, 1989 File #2? Mr. Philip S. Cummins Manager Sales Coordination Chemical Leaman Tank Lines, Inc. 102 Picketing Way Exton, Pennsylvania 19341-0200 Dear Mr. Cummins: I am enclosing copy of Ordinance No. 29832-111389 accepting the bid of Montgomery Tank Line~ for transportation of pickle liquor from Yorkville, Ohio, to Roanoke, Virginia, for the period of November I, 1989, to October 31, 1990, for the price of $1.75 cwt on 48,000 pounds per load. Ordinance No. 29832-111389 was adopted by the Council of the City of Roanoke on first reading on Monday, November 6, 1989, also adopted by the Council on second reading on Monday, November 13, 1989, and will take effect ten days following the date of its second reading. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described item. Sincerely, ~ ~4ary F. Parker, CMC City Clerk MFP:ra Enc. Room45& MunicipalBuilding 215Church Avenue, $. W. Roanoke, Virginia 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 13th day of November, 1989. No. 29832-111389. VIRGINIA, AN ORDINANCE accepting the bid of Montgomery Tank Lines made to the City for transportation of pickle liquor from Yorkville, Ohio, to Roanoke, Virginia, for the period of November 1, 1989, to October 31, 1990; and rejecting all other bids made to the City. BE 1. to transport pickle liquor Pollution Control Plant in period of November 1, 1989, IT ORDAINED by the Council of the City of Roanoke as follows: The bid of Montgomery Tank Lines, made to the City, offering from Yorkville, Ohio, to the City's Water the City of Roanoke, Virginia, for the to October 31, 1990, for the price of $1.75 cwt on 48,000 pounds per load, which bid is on fil'e in the Office of the City Clerk, is hereby ACCEPTED. 2. The City's ~anager of General Services is hereby authorized and directed to issue the requisite purchase order therefor, incor- porating into said order the City's specifications, the terms of said bidder's proposal and the terms and provisions of this ordinance. 3. Any and all other bids made to the City for the aforesaid procurement 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. Roanoke, Virginia November 6, 1989 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Bids For Transportation of Pickle Liquor, Bid No. 89-9-51 I concur with the recommendation of the attached bid committee report and recommend it to you for appropriate action. Respectfully Submitted, W. Robert Herbert City Manager cc: City Attorney Director of Finance Roanoke, Virginia November 6, 1989 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Bids For Transportation of Pickle Liquor, Bid No. 89-9-51 I. Background Pickle Liquor is a waste product, from the wheeling Pittsburgh Steel Company in Yorkville, Ohio, used for phosphorous removal. This product is made available to the City, for use in the Waste Water Treatment process, at no charge except for the transportatio~ from Ohio to Roanoke. Co Specifications for this transportation were developed and sent specifically to nine (9) vendors currently listed on the City's bid list. A public advertisement was also published in the Roanoke Times and World News. Do Bids were received, after due and proper advertisement, until 2:00 P.M., on October 10, 1989, at which time all bids so received were publicly opened and read in the Office of the Manager of General Services. II. Current Situation ao Four (4) bid responses were received. tabulation is attached. Bid All bids were evaluated in a consistent manner by representatives of General Services and Water Pollution Control. C. The lowest bid submitted by Montgomery Tank Lines meets all required specifications. III , IV. Need Compliance with Specifications B. C. Fundings Alternatives Council accept the lowest responsible bid to provide the transportation of Pickle Liquor from Yorkville, Ohio to Roanoke for the period November 1, 1989 to October 31, 1990 at a rate of 1.75 cwt on 48,000 lbs per load {$840.00 per load) as submitted by Montgomery Tank Lines. Need - The product delivered is necessary for continued Waste Water Treatment. Compliance with Specifications - the bid submitted by Montgomery Tank Lines :met all required specifications. Funding - Funds are available in the Water Pollution Control Plant budget FY 89-90. for Reject all Bids Need - This product needed for continued operation of the Waste Water Control Facility would not be available. Compliance with specifications would not be a factor in this alternative, 3. Funding - Funds budgeted for this purpose would not be expended. V. Recommendation Council concur with alternative "A" - accept the bid submitted by Montgomery Tank Lines, to provide transportation of Pickle Liquor from Yorkville, Ohio to Roanoke, for the period November 1, 1989 to October 31, 1990, at the rate of 1.75 cwt on 48,000 lbs per load and reject all other bids. Respectfully Submitted, Committee: Kit B. Kiser Steven L. Walker D. Darwin Roupe cc: City Attorney Director of Finance Office of the City Clerk November 15, 1989 File #410 Hr. Ronald F. Sweet, Sr. Deicing Salt ~anager Cargill, Inc. 191 Portland Point Road Lansing, New York 14882 Dear ,~4r. Sweet: I am enclosing copy of Ordinance No. 29833-111389 accepting the bid of Cargill, Inc., to furnish 1,000 tons, more or less, of deicing salt to the City, at a unit price of $43.09 per ton. Ordinance No. 29833-111389 was adopted by the Council of the City of Roanoke Da first reading on ~onday, November 6, 1989, also adopted by the Council on second reading on Honday, November 13, 1989, and will take effect ten days following the date of its second reading. Sincerely, Hary F. Parker, CMC City Clerk MFP : ra Eric. pc: ~r. W. Robert Herbert, City Hanager ~r. William F. Clark, Director of Public Works Mr. William L. Stuart, ~anager, Street Haintenance Hr. George C. Snead, Jr., Director of Administration Public Safety Hr. D. Darwin Roupe, Hanager, General Services and Room456 Municipalauilding 215Church Avenue, $. W. Roanoke, Virginia 24011 (703)981-2~41 Office of the City Clerk November 15, 1989 File #410 Mr. Robert H. Jones Director of Bidding & Marketing International Salt Company Abington Executive Park Clarks Summit, Pennsylvania 18411 Dear ~r. Jones: I am enclosing copy of Ordinance No. 29833-111389 accepting the bid of Cargill, Inc., to furnish 1,000 tons, more or less, of deicing salt to the City at a unit price of $43.09 per ton. Ordinance No. 29833-111389 was adopted by the Council of the City of Roanoke on first reading on Honday, November 6, 1989, also adopted by the Council on second reading on Monday, November 13, 1989, and will take effect ten days following the date of its second reading. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described item. Mary F. Parker, CMC City Clerk MFP:ra Enc. Room 456 MunicipaIBuilding 215 Church Avenue. $. W. go~lno~e.¥irgini~ 24011 (70:1)981-2~41 Office of the City Clerk November 15, 1989 File #410 ~s. Cheryl Cartwright Sales Manager Domtar Industries, Inc. Sifto Salt Division 4825 North Scott Street Schiller Park, Illinois Dear Ms. Cartwright: 601 76-1354 I am enclosing copy of Ordinance No. 29833-111389 accepting the bid of Cargill, Inc., to furnish 1,000 tons, more or less, of deicing salt to the City at a unit price of $43.09 per ton. Ordinance No. 29833-111389 was adopted by the Council of the City of Roanoke on first ~ reading on Monday, November 6, 1989, also adopted by the Council on second reading on Monday, November 13, 1989, and will take effect ten days following the date of its second reading. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described item. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP:ra Enc. Room 456 MunicipaIBuildi.~ 215 Church Avenue, S.W. Ro4noke. Virginie 24011 (703) 081-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 13th day of November, 1989. No. 29833-111389. VIRGINIA, AN ORDINANCE accepting a bid for furnishing deicing salt to the City; and rejecting other bids. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Cargill Incorporated to furnish 1,000 tons, more or less, of deicing salt to the City at a unit price of $43.09 per ton, is hereby ACCEPTED. 2. The City's Nanager of General Services is hereby authorized and directed to issue the requisite purchase orders for the above-mentioned deicing salt in such amounts as may be needed by the City, said purchase orders to be made and filled in accordance with the City's specifications, the bidder's proposal made therefor and in accordance with this ordinance. 3. Any and all other bids made to the City for the supply of deicing salt are hereby REJECTED, and the City Clerk is directed to so notify each said bidder and to express to each the City's appreication for its bid. ATTEST: City Clerk. Roanoke, Virginia November 6, 1989 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Bids on Deicing Salt Bid Number 89-10-7 I concur in the bid committee's recommendation for the purchase of deicing salt. Respectfully Submitted, W. Robert Herbert City Manager DDR:ss cc: City Attorney Director of Finance Roanoke, Virginia November 6, 1989 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Bids on Deicing Salt Bid Number 89-10-7 I, Background Deicing Salt is necessary to provide for a successful snow and ice removal program. October 5, 1989, request for quotations were sent to nine (9) firms on the City's current bid list for deicing salt. October 19, 1989, bids were received, after due and proper advertisement. Ail bids so received were publicly opened and read at 2:00 P.M., in the Office of the Manager of General Services. Bid specifications require price to remain firm until March 31, 1990. II. go Four (4) responses were received. A tabulation of bids received is attached. Current Situation All bids received were evaluated in a consistent manner by representatives of following departments: the Public Works Street Maintenance General Services The lowest bid meeting specificationm is submitted by Cargill Incorporated for the amount of $43.09 per ton delivered. III. IV. A. Need B. Compliance with Specifications C. Fund Availability Alternatives Council award the bid for Deicing Salt to Cargill Incorporated to supply the City 1000 tons, more or less, for the amount of $43.09 per ton delivered. Need - deicing salt is necessary for a successful snow and ice removal program. Compliance with Specifications - all bids received met required specifications. Fund Availability - funds are designated in FY '89 - '90, Snow Removal account number 001-052-4140-2045, to provide for the purchase of deicing salt for the total amount of $43,090.00. B. ~eject all bids Need - deicing salt would not be available for removal of snow and from City Streets. ice Compliance with specifications - would not be an issue with this alternative. Fund Availability - budgeted funds designated for snow and ice removal would not be extended. V. Recommendation ao Council concur with Alternative "A", award the bid, to furnish and deliver 1000 tons, more or less, of deicing salt, to Cargill Incorporated, for the total amount of ~43,090.00 and reject all other bids. Respectfully Submitted, Chairman: William F. Clark liam L. Stuart D. Darwin Roupe ' DDR:ss cc: City Attorney Director of Finance Office of the City Clerk November 15, 1989 File #514-147-169 :Ur. W. Robert Herbert City Hanager Roanoke, Virginia Dear Hr. Herbert: I am attaching copy of Ordinance No. 29834-111389 authorizing execution by the proper City officials of certain quitclaim deeds in connection with the vacation of street right-of-way located at Troxell Street, S. E., upon certain terms and conditions. Ordinance No. 29834-111389 was adopted by the Council of the City of Roanoke on first reading on ~onday, November 6, 1989, also adopted by the Council on second reading on Honday, November 13, 1989, and will take effect ten days following the date of its second reading. Sincerely, ~ Hary F. Parker, C~ City Clerk MFP:ra Eric. pc: Hr. John R. Patterson, Attorney, Dominion Bank Building, Roanoke, Virginia 24011 Hr. Joel ~. Schlanger, Director of Finance Hr. Kit B. Kiser, Director of Utilities and Operations ,Ur. William F. Clark, Director of Public ~orks Mr. Richard V. Hamilton, Real Estate Rgent Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703)g81-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 13th day of November, 1989. No. 29834-111389. VIRGINIA, AN ORDINANCE authorizing execution by the proper City offi- cials of certain quitclaim deeds in connection with the vacation of street right-of-way located at Troxell Street, S. E. upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney and prepared by the requesting parties quitclaim deeds for Lot 12, Block 1 and Lot 1, Block 1, J. W. Liptrap ~ap in favor of Melvin C. and Shirley Perdue and the Garden City Baptist Church, respec- tively, as more particularly set forth in the report to this Council dated November 6, 1989. ATTEST: City Clerk. Roanoke, Virginia November 6, 1989 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Quit Claim Portion of Vacated Street R.O.W. Troxell Street, S. E. The attached staff report was considered by the Water Resources Con~nittee at its regularly scheduled meeting on October 23, 1989. The Committee recon~nends that Council authorize the Mayor to execute quit claim deed from the City prepared by the requesting parties in form approved by the City Attorney for Lot 12, Block 1, and Lot 1, Block 1, J. W. Liptrap Map in favor of Melvin C. and Shirley Perdue and the Garden City Baptist Church in accordance with conditions stated in the attached report. El~izab~h~~'Respectfully submitted, ~ T. Bowles, Chairman Water Resources Con~nittee ETB:KBK:afm Attachment CC: City Manager City Attorney Director of Finance Director of Utilities & Operations Real Estate Agent John R. Patterson, Attorney, Dominion Bank Building INTeRDEPARTMeNTAL COMMDNICATION DATE: TO: F ROM: RE: October 23, 1989 Members, Water Resources Committee er, Director,/~U/~_es & Operations through W. Robert Herbe~ty Manager QUITCLAIM PORTION OF VACATED STREET R.O.W. TROXELL STREET, S.E. I. Backsround: City purchased Garden City Park property by DB 791, pg. 282, on April 5, 1949. Property contained Lots 6 thru 12, Block 1, J. W. Liptrap Property. Garden City Baptist Church then owned the remainder of that block, Lots 1 thru 5. (See attached Plan No. 3603.) City and Garden City Baptist Church exchanged a portion of the City's lots 8 thru 11 for the Church's Lot 1 and a 15' strip of street right- of-way across the Garden City Boulevard, S.E. frontage of the Church's Lots 2 thru 5. The deeds exchanging these properties were authorized by Ordinance No. 10378, dated February 6, 1950. This Ordinance also authorized a 15' alley through Block 1 along the new property boundary. (See attached Plan No. 3603-B and Ordinance No. 10378.) City Council, by Ordinance No. 20560 dated December 11, 1972, vacated unopened Moffett Avenue, S.E., David Street, S.E. and the alley through Block 1, J. W. Liptrap Map. (See attached Ordinance No. 20560.) City Council by Ordinance No. 21484, dated April 29, 1974, authorized the sale of the remainder of Block 1, J. W. Liptrap Map including the former alley through the Block and portions of land in previously closed Moffett Avenue, S.E. and David Street, S.W. to the Garden City Baptist Church. (See attached Plan No. 5483 and Ordinance No. 21484.) City Council, by Ordinance No. 23822, dated September 26, 1977, at the request of the Garden City Baptist Church and K.D.M. Associates, closed Hillview Avenue, S.E. (comprised of Lots 1 and 12, Block 1, J. W. Liptrap Map) from Garden City Blvd., S.E. to Troxell Street, S.E. (See attached Ordinance No. 23822.) Garden City Baptist Church and K.D.M. Associates by plat recorded in M.B.1, pg. 254, on April 21, 1978, exchanged vacated segments of the former Hillview Avenue, S.E. so that the Church acquired ownership of the area of former Lot 1 facing Garden City Bvd., S.E. and K.D.M. Associates acquired the area of the former Lot 12 facing Troxell Street, S.E. (See attached portion of M.B.1, pg. 254.) Members, Water Resources Committee RE: Quitclaim October 13, 1989 Page 2 II. Current Situation: Melvin C. & Shirley Perdue, owners of Lot D, Subdivision for K.D.M. Associates, which lot is comprised for the most part of the easterly portion of the vacated Hillview Avenue, S.E. (formerly Lot 12, J. W. Liptrap Map), have requested that the City execute a Quitclaim deed in their favor for the vacated portion of Hillview Avenue, S.E. which is currently a portion of Lot D. It is their concern that vacating, discontinuing and closing that street right-of-way did not revert title to the adjoining landowners, and that title remains with the City, the former fee simple owner. Mr. & Mrs. Perdue also suggest that the Garden City Baptist Church may also be affected by this condition as former City-owned Lot 1 is also located under a small part of that portion of vacated Hillvtew Avenue, S.E. acquired by the Church. (See attached portion of Appraisal Sheet 439.) III. Issues: A. Need B. Timin~ C. Cost to City IV. Alternatives: A. Committee recommend to City Council that it authorize the execution of a quitclaim deed for Lot 12, Block 1, and Lot 1, Block 1, J. H. Ltptrap Map in favor of Melvin C. and Shirley Perdue and the Garden City Baptist Church respectively. 1. Need by current owners for assurance of legal ownership is met. 2. Timin8 to clear property titles as quickly as possible is met. 3. Cost to City is zero. Committee recommend to City Council that it refuse to authorize the execution of a quitclaim deed for Lot 12, Block 1, and Lot 1, Block 1, J. W. Liptrap Map in favor of Melvin C. & Shirley Perdue and the Garden City Baptist Church respectively. 1. Need by current owners for clear title to the lot not met. 2. Timin8 to clear titles quickly not met. 3. Cost to City is zero. JOHN R. PATTERSON ATTORNEY AT LAW October 4, 1989 Mr. Kit Kiser Director, Utilities & Operations Room 354 Municipal Building Roanoke, Virginia 24011 Dear Kit: I have recently done the title on property known as Lots C & D as shown on KDM Associates Map dated June 22, 1977, recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia, in Map Book l, page 254. Lot C is official tax Map #4390434 and Lot D is official tax Map #4390435. In doing this title, I found that the southerly one-half of Lot D was formerly a portion of Hillview Avenue, SE. I found that Hillview Avenue, SE was vacated by ordinance #23822 on September 26, 1977. Normally, when a street is vacated, the property reverts to the adjoining landowners, however, in this situation, the property over which Hillview Avenue passed had been deeded to the City of Roanoke, Virginia by deed dated April 5, 1949, recorded in the Clerk's Office in Deed Book 791, page 282. Since I am concerned with Lot D, I will point out to you that the southerly one-half of Lot D was formerly a part of Lot 12 of the Map of J. W. kiptrap property which was deeded to the City of Roanoke in the aforementioned deed, a copy of which is enclosed herein. Since the City of Roanoke owned the underlying fee simple title, I do not believe title to this land reverted the adjoining landowners when Hillview Avenue was closed. This property is now being taxed in the name of Melvin C. and Shirley Perdue and I do not believe the City claims any ownership interest in this property, however, I do not believe title to this property can be cleared until such time as the City would execute a Quitclaim Deed to this property. I understand from the City Attorney's Office that these matters need to be brought before the Water Resources Committee and I would ask that you accept this letter as a request that the Water Resources Committee consider recommending to City Council that a Quit Claim Deed be executed in favor of Mr. and Mrs. Perdue so that title to this property can be cleared. I would also point out that the other half of this property is now claimed by the Garden City Baptist Church. Furthermore, what used to be Lot 1 of the J. W. Liptrap property, although I am not concerned with the title to same, is in the same Mr. Kit Kiser October 4, 1989 Page 2 situation and it would appear that authorization should be obtained to Quitclaim both lots to the adjoining landowners who now claim ownership of same and to whom same are now taxed so that there will not be a similar request in the future. Carr L. Kinder, Jr. (Lanny) handled the original title work when this property was subdivided. He offered to write you this letter but I told him since I was so familiar with same, I would be happy to do so. He has asked that you contact him at 981-7555 if you have any questions with regard to this matter and I am forwarding him a copy of this letter so that he will know that I have made this request of you. Also, if you need any further information, you may feel free to contact me. It is my understanding that you would proceed to have this matter considered, however, if I am in error, please contact me and advise me how I should proceed to request that the City Quitclaim this property as set forth herein. Thanking you very much for your attention and cooperation in this matter, ! am, JRP/mjm Enclosure as stated COPY SENT TO: Carr L. Kinder, Jr., Esquire BIRD, KINDER & HUFFMAN P. O. Box 2795 Roanoke, Virginia 24001-2795 IN THE COUNCIL FOR THE CITY uF ROANOKE, VIRGINIA, The 6th day of February, 1950. No. 10378. AN ORDIN~CE repealing Ordinance No. 10510 and authorizing the exchange of certain real estate in tee Garden City Area of the City of Roanoke between the City of floanoXe and Garden City Baptist Church; authorizing the proper City officers to execute Lmd deliver to Garden City Baptist Ct~urcn, for and on behalf of tme City, a proper deed to portions of Lots 8, 9, 10 and 11, Block 1~ J. W. Llptrap Nap, in cons£deratlon of a general w~rranty deed, executed by tne Trustees of Garden City Baptist Church, conveying to the City of ~oano~e Lot 1, Block 1, and a 1S foot wide strip along the East side of Garden City Boulevard in Block 1, of the J. we Llptrap Map; and authori=in~ t~ establishment of an alley 15 feet in widt~ tlt~ough tile City's property parallel to the ~ast line of the property of t ~e Garden City Baptist Church. WI~,~EAB~ after the adoptio~ on December 2~, 1~, of Ordinance ~o. 10~10 the Trusteee of t~e Garden City Baptist Church ~ave e~preseed a willingness to convey unto the City a strip of land 15 feet in width alon~ the g&et side of Garden City Boulevard, i~ Block 1 of t~a J. W. n~ptrap ~ap, instead of a strip ~£ land lO feet wide as provided for in said Urdln~nce Moe 10~10; and · ~E~A~, said Truetees now deeire the public alley eetablie~ed by the aforesaid ordinance relocated aa herein provided for; and WH~RA~, the ~gineering Department has reported that It would be to the advantage of the City to relocate said alley, as herein provided, in consideration of a COnveyance of the aforesaid adc~ticnal $ feet along the East side of Garden City Boulevard in Bloc~ 1 crane j. ,. Llptrap hap. T~RF. PQ~E, B~ IT V~DAIN~ by ehe Council of ~ne City of Ro~o~e that Ordinance No. 10~10, adopted on December 28, 1949, ~e, ~d the s~e la ~re~y, REpE~e BE IT ~RTHER ORDAINED that upon execution ~d delivery by ~e Trustees of Garden City Baptist Church of a general warr~ty deed, ~n fo~ to be approved by the City Attomney, conveyl~ ~to ~he City of Ro~oke the follow~g property: B~INNI~G at t~e presen~ northeast co~er cf Garden City Boulev~d and Moffett Avenue, S.E.; thence wit~ the present east line of Garden City Boulev~d tae following two courses ~d dist~ces: N. 2~' ~ ~. 84.2 feet to aa ~gle point ~d ~. 1~· S?. E. 2~.7 feet to a point; thence leaving Gardea City Boulev~d and wl~n the a~t~,line of &or 1, Block 1 ef t~ j. *e ~ptra~ Map S. 75· 05, E. l~OeO feet t* a polar; thence S. l~e ~, ~. ~eO feet tca po~t; t~nce ~lth ~ CO. on dividin~ line between ~ta ~ ~d ~, ~. 75~ 0~ ~. ~5 feet Co ~ po~t; t~nce ~tn ~ ~e ~5.,J feet east o~ ~d P~1e~ ~o the Present east ~lne of O~den City Bou~ev~d the follo~ln~ t~o courses ~d dist~ces~ S. ~4' 57~ ~. ~95.26 feet to ~ ~e POint ~d ~. 26· 50. W. 85.76 feet ~o ~ point on t~e noPt~ ~lne of ~offett Avenue; t~ence ~ s~ ~. 6~e ~0~ ~. ~5.0 feet ~o t~ P~ce of BEG~N3~G, cont~n~ns e249 ~cPes, more o~ ~eas, ~nd be~n~ ~ o~ ~t ~ ~d the meste~ ~5.O feet oC ~ts 2,~,4 ~d 5, B~ock ~, of t~ J- ~* ~ptr~p ~p~ that the prope~ City off~ePs be, ~d t~y ~re he.by, ~thorized~ directed and ~powe~ed, for ~d on beaalf of t~ City, to execute ~d delive~ ~ deed, upon ~e fo~ t~ be Prepped by the City Attorney, to said '~rustees of G~rden C~ty B~pt~st Church the followin~ described property~ B~I~N~G ~ ~ point ~c~ is a CO~on co~e~ to t~e re~ of Lots ~ ~d 2, B~oc~ ~, of the J. W. Liptrap Nap, said beginning point loc&ted the three following counses and distances from the northeast corner of Garden City Boulevard and Moffett Avenue, S. E.; ~. 26' 80, E. 84.2 feet, N. 14° 8?' E. 1~5.? feet, and S. ?8' 03t E. 150.0 feet to the point of actual beginning; thence S. 78' 03~ E. 55.51 feet to a point; t.hence S. 14' 57* W. 50.0 feet to a point; thence S. 26' 50tW. 162.6 feet to a point on line of Lot 5; thence with same N. 65' 10, W. 20.46 feet to a polnt; thence with the ream llne of Lots 4, ~ and 2, N. 14' 8?, E. 204.9 feet to the Place of BEGI~I~G~ containing .195 acres, ~ore or less, and being the west portions of LOts 8, 9, 10 and 11, Bloc~ 1 o£ the j. W. L~ptrap Nap. BE IT FU~T~ ORDAINED that there is hereby established as a public alley the following described 1§ foot wide strip of land, to-wit= BEGINSING at & point on the Present North side of Noffett Avenue, Which point is S- 5~e 10' ~. 150 feet from the Present northeast corner of Noffett Avenue and ~amden City Boulevamd, S. E.; thence, from said beginning point N. 26' 50~ E. 262.60 feet to & point; thence N. 14' 5?, E. 50 feet to t point; thence 5, 75' 05, R. 15 feet to a point; thence $. 14' 57, N. 51.55 feet to a point; thence $, 26' 50~ ~. 264.16 feet to & point on t~ North side of No~fett Avenue; thence =lt~ tae Norta l~e of ~offett Avenue N. 6~* ~0, ~. ~5 feet to the place or W~2~EA3, the tr~steee o~ C~rden City Baptist Church have heretofore f~led thei~ petition before the Coun~.l of the City of Roanoke, Virginia, in accordance with 1Aw, requeeting the CouueiX to permanently Vacate, discontinue and clofe t~o etreeta and an alley located in the ~ax'dea City m~d.,:~ ~ the ~lty m~ P~noko, Vi~ginAa, and more ptrtio.l.rly de~ibed in said petitima, of the f~li]~ o~ Mhich petition duo notice '~m givea to the p~:,lio a~ reqaAz~ t~, law; and ~F, LS, in accordance wAth the praye~ of said petition, the~ opinion an~ inconvenience vo~ld ~esult ffrcu pex~aneatly v~oatJ, n~, cl~so~,t:~nu.'Ln~ ~nd olc~.ng thc~e certain e~m'eetl a~ that alley described ia the reooluttea appointing said vie~rs~ t~EAS, it appears ~ the ~rit~en report of the viewre filed with the City Clerk on ~tobe~ 26, 1972, that ac lneonvonAenoe bw~Ald result eithe~ to an~ i22dividual m~ to the public frc~ permanentl~ vaoatt~, dioeontinuin~ &ud eloei~f the hereinafter described streets and alley. ~fl~EA3, Council at itc ~eet~ on ~eptomber llth, referTed the petition to the City pt.,.,~,,.. Commission, vfl.teh C~=-4esion by Ate report fiXed wi~h Council on October 23, 1972, reccunended that the petit~o~ aa ue~ded by the petit~cno~ at the Beot~n~ o~ the Cca~eolon on October 23, 1~7~, to ~Ucate, d~s~ont~nue eloee tho hereinafter deecribed 8treete a~d a~ley be approvedl aad WHEREAS, a p~blic heari=~ ,,me held on the questica before the Cou~eiX at ira reg~ ~e~ ~ ~c~r 4, 1~, ~r ~ t~ ~tice ~e~ ~ia~d ~ ~e ~ Wor~-Ne~, at ~ch h~ ~ ~tAe. ~ ~reot ~ citize~ ~ ~forded ~ o~ to ~ he~ ~ ~e queationl ~ ~r de~i~ a~ee~ ~ ~, ~ r~a~ ~ the petiticaer ~ itc ~ pe~ti~, ~ ~t, aee~21y, the here~ de~ri~ e~ta ~ ~y ~ ~ pe~ea~y ~, BE ~ ~ ~ ~ ~ ~ ~e City of the ~ City ~oa ~ ~, V~gi~a, ~ ~c~ly de~ri~ aa f~t~ ga) ~ at t~ ~aeat n~2heast e~n~ ~a Ci~ ~e~ a~ ~ffett Ave~. · ~.~ ~ee~e ~ a ~t S 6~° 10' E~5 fee~, ~ ~ Ieee ~ the ~et li~ ~ ~d S~eet, 8.E.; t~e, S 25° ~' W ~ feet to ~e eaat co.er of ~t ~ ~k 2 of ~e J.~. ~ ~P ~p, recc~ ~ ~ ~k ~5, Page ~ ~ elerk'a ~fic* fo~ the ~t~ga Co~t ~ ~e Ci~ ~ ~o~, V~; the~e N 10' W~ feet, ~ or leae, t~ a ~t ca (b) ~ ~ ~t e~ ~ ~( t~h ~oek 1 ~ the ~.~- ~P~p ~p .ec~ ~ ~ed ~k ~, Page ~, ia Cl~k'. ~fl~e ~ the ~a ~ ~ t~ City ~ ~, ~, the c~r ~ae ~ ~cb ia de~ri~ aa ~X~ at a ~t ~eh'i('~"~3° 10' E ~.J fee~ fr~ the preseat ~rthealt co.er of ~en City ~ a~ ~fett Avea~, ~0~8~ ney Cit7 se~oa ~ ~ Cit7 ~ti~ dei~ri~ a~ fo~ovo~ ~ at a ~iat ~at corzer of ~k 3, J.W. Liptrap Nzpz the~e ia a ~t~ly direetioa, the f~o~ oO~.ee ~ ~ia~e8~ N 26° 50' E 4~.73 feet, ~ ~ on ~utb 11~ ~ a pro~sed new s~eetj then ~o~ ~, M ~ ~e east co.er J.W. Liptrap F~pj the~e ~ a ~utherl2 d~e~ti~n ~e fo~o~ t~ eo~ses ~7' W 270.7~ f~et, more ~ leee, ~ ~ lo ~ ~ S ~ ~e~e S 65° be, and they he~eb~ are, and e~j ~ ~ ~ r~h~, ti~e ~ inte~at ~ the ~ 18 h~e~ r~ ~ aa ~e Co~ ~ t~e City b be~e~ is, d~ee~ ~ ~k '~ ueat~" on ~ a~ deHrl~ ~ta on f~e in ~l drive ~a~utiona ~ the ~ no~on on ~1 mpo or v~teh is shorn oaid etreete and Ll~ey as ~d~ ~ lay, ~ t~t, ~ ~ requos~ ~ ~ ~y in ~nteroet, ho My ~eo~ the ~o ~ the Deed ~k ~n ~o ~f~ce, ~ tb ~ ~n the ~e ~ the C~ty o~ ~ko a~ ~ ~ in the ~ ~ ~ ~y in in~remt ~ ~y req~st it aa ~tee. ATTE3T: Clef CL~K u IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of April, 1974. NO. 21484. AN OR/)INANCE authorizinB and providinB for the City's sale and conveyance to the Trustees of the Garden City Baptist Church of certain lots or parcels of land known as Official Nos. 4390425, 4390426, 4390427, 4390428, 4390429 and 4390430, as shown on the Tax Appraisal Map of the City of Roanoke and of portions of land in former portions of Moffett Avenue, S. E., David Street, S. E., and in a former alley, abutting said lots, each of which was heretofore vacated and closed by Ordinance No. 20560, upon certain terms and conditions. WHEREAS, the Trustees of the Garden City Baptist Church, through their attorney, have offered to the City to purchase and acquire from the City for said church congregation those certain lots or parcels of land, formerly abutting on David Street, S. E., now closed, and also, portions of former David Street, S. E., Moffett Avenue, S. E., and a certain alley abutting the rear of said lots, in the City of Roanoke, for the sum of $2,500.00, cash; and the Council's Real Estate Committee has recommended to the Council that the sale of said lots and abutting portions of said former streets and alley be approved and ordered on the te~ms and provisions herein provided, in which reco. nendation the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the 6ity of Roanoke that the offer of the Trustees of the Garden City Baptist Church to purchase and acquire from the City those certain lots or parcels of land situate in the City of Roanoke, known and described as Official Nos. 4390425, 4390426, 4390427, 4390428, 4390429 and 4390430, as shown on the Tax Appraisal Map of the City of Roanoke, together with the CLty's right and interest in one-half (1/2) of the land in the former right-of-way for Moffett Avenue, S. E., David Street, S. E., and a certain alley at the rear of said lots, as said former streets and alley are shown to abut said lots or certain of them, for a consideration of $2,500.00, cash, To be paid to the City upon delivery of the City's deed of conveyance hereinafter authorized to be made and executed, and wzth ~he 1974 Real Estate Taxes to be prorated and assessed on said lots from the date of conveyance, be, and said offer is hereby ACCEPTED: and BE IT FURTHER ORDAINED that, upon payment to the City of the sum of $2,500.00, cash, as aforesaid, the Mayor be, and he is hereby authorized, empowered and directed to execute, for and on behalf of the City, the City's deed of conveyance to the aforesaid lot or parcel of land, drawn upon such form as is prepared and approved by the City Attorney, granting and conveying with Special Warranty of t:tte To the Trustees of the Garden City Baptist Church, tLtle to the abovedescribed land; and that the City Clerk be, and is hereby authorized and directed to affix to the aforesaid deed of conveyance the City's seal, and to attest the same, the signatures of the Mayor and the City Clerk to be acknowledged by each of them as provided by law; there- after said deed to be delivered to the City's said grantees. ATTEST: City Clerk. * 0ct~ber 3. 1977.) TN THE COUNCIL OP THg C~ OF RO~O~, VIRGINZA, The 26th day o~September , ~977. ~o. 2~22. 4501 $~araey Road, S.'N. Roanoke, Virginia AN ORDINANCE permanently vacating, discontinuing and closing a portion of Hillview Avenue, S. E., extending in an easterly direction from Garden City Boulevard, S. E., 239.23 feet, as is more particularly described hereinafter; providing for a new street connecting the portion of Hillview Avenue, S. E., remaining Open with Troxell Street, S. E.; and providing the effective date of the aforesaid street closing. WHEREAS, K. D. M. Associates and the Garden City Baptist Church have heretofore filed their application to the Council of the City of ROanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close a portion of the aforesaid street which is more particularly described hereinafter; and WHEREAS, K. D. M. Associates and the Garden City Baptist Church, did on July 18, 1977, duly and legally publish a notice of their appli- cation to the Council by posting a copy of the notice on the front door of the Courthouse in the City of Roanoke, Virginia (Campbell Avenue entrance), at the Market House (Campbell Avenue entrance), and at the Market House (Salem Avenue entrance), all of which are verified by affidavit of the City Sheriff appended to the application; and WHEREAS, more than ten (10} days having expired since the publica- tion of the notice of said application, and in accordance with the prayers of said application and the provisions of S15.1-364 of the Code of Virginia, as amended, Council by resolution No. 23753, dated August 8, 1977, referred the application to the City Planning Commission for study and recommendation; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned and having a hearing at its regular meeting on August 17, 1977, recommended that the hereinafter described street portion be closed on the condition that a substitute route be dedicated to the City connecting the portion of the above-described street remain- ing open after the closing of the hereinafter described portion thereof with Troxell Street, S. E.; and WHEREAS, K. D. M. Associates has agreed to dedicate and improve, at its expense, such substitute access route providing access to the portion of the hereinafter described street to remain open to and from Troxell Street, S. E.; and WHEREAS, Council by resolution No. 23753, dated August 8, 1977, also appointed viewers to view said street portion and to report in writing whether or not in their opinion any inconvenience would result from formally vacating, discontinuing and closing said portion of the street; and WHEREAS, said viewers having been informed of the agreement by the applicants to dedicate and improve said substitute access to and from the portion of the street remaining open to and from Troxell Street, S. E., have determined that in their opinion no inconvenience would result either to any individual or to the public from so vacating, discontinuing and closing permanently said portion of the street, as is shown in the written report of viewers dated August 23,1977, and filed with'-the City Clerk on August 31~977; and WHEREAS, a public hearing was held on said application before the Council at its regular monthly meeting on September 12, 1977, at 7:30 p.m., after due and timely notice thereof by publication in the Roanoke Times & World-News, at which hearing all parties in interest and citizens were afforded an.opportunity to be heard on said applica- tion; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the hereinafter described street portion 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 street portion, as requested by K. D. M. Associates and the Garden City Baptist Church, and recommended by the City Planning Commission. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the portion of Hillview Avenue, S. E., extending in an easterly direction from Garden City Boulevard, S. E., 239.23 feet, situate in the City of Roanoke, Virginia, described as follows: BEGINNING at a point on the East side of Garden City Boulevard, S. E., corner to the property of K. D. M. Associates; thence with the southern boundary line of K. D. M. Associates, S. 71° 35' 32" E. 239.23 feet; thence S. 18° 24' 28" W. 50 feet to a point on the northern boundary line of the Garden City Baptist Church; thence with the northern boundary of the Garden City Baptist Church property N. 71" 35' 32" W. 239.23 feet to a point on the East side of Garden City Boulevard, S. E.; thence with the East side of Garden City Boulevard, S. E., N. 18" 24' 28" E. 50 feet to the place of BEGINNING; . be, and hereby is, permanently vacated, discontinued and closed at the time hereinafter indicated, and that all right and interest of the public in and to the same be, and it hereby is, released insofar as the Council of the City of Roanoke is empowered so to do, reserving, however, to the City of Roanoke an easement for sewer lines and water mains and other public utilities that may now be located in or across said street portion, together with the right of ingress and egress for the mainte- nance of such lines, mains or utilities, such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described street portion of any such municipal installation or utility by the Owner thereof. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is, directed to mark "permanently vacated" on said street portion on all maps and plats on file in his office on which said portion 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 FURTHER 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 and of the Plat hereinabove referred to, attached to said ordinance, for recordation at the expense of the within named applicants, in the Deed Books of said Clerk's Office, in- dexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of K. D. M. Associates and E. C. Gearheart, S. E. Jones, L. N. Guilliams, E. D. Lovern, Jr., and C. G. Reed, Trustees of Garden City Baptist Church, and the name of any other party in interest who may so request, as Grantees. BE IT FINALLY ORDAINED that this ordinance shall not become effective as to vacating, discontinuing and closing the above-described portion of said street until there shall have been dedicated to the City of Roanoke and provided a substitute access street connecting the portion of the street remaining open with Troxell Street, S. E., said dedication to he made by the recordation of a subdivision plat showing the location of the substitute access street and execution of a subdivider's agreement providing for improvement City's land subdivision regulations. Attest: of said new street, all under the City Clerk G~ND£N CITY T~OXELL $Y.,,¢£ V A-L I 3 ?00/-/.)$ N3q ~ VO 3'~ON~"O~ ,o AJ.i3 Office of the City Clerk ~¥ovember 15, 1989 File #67-166-68 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear ~r. Herbert: I am attaching copy of Ordinance No. 29835-111389 authorizing transfer of the Veteran's Park property from the City of Roanoke to the Commonwealth of Virginia, upon certain terms and con- ditions. Ordinance No. 29835-111389 was adopted by the Council of the City of Roanoke on first reading on ~onday, November 6, 1989, also adopted by the Council on second reading on ~onday, November 13, 1989, and will take effect ten days following the date of its second reading. ' Sincerely, /~ ~4ary F. Parker, CMC City Clerk ~4FP : r a Eno, pc: Mr. Samuel ~. Black, Director, Department of Veterans Affairs, p. O. Box 809, Roanoke, Virginia 24004 ~ :~r. Kit B. Kiser, Director of Utilities and Operations ~r. George C. Snead, Jr., Director of Administration and Public Safety Mr. Gary N. Fenton, .~anager, Parks and Recreation/Grounds ~aintenance Ur. William F. Clark, Director of Public Works ~r. Richard V. Hamilton, Real Estate Agent Room 456 MunicipaIRuilding 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703)RR1-2S41 IN THE COUNCIL OF THE CITY OF ROANOKE, The 13th day of November, 1989. No. 29835-111389. VIRGINIA, AN ORDINANCE authorizing transfer of the Veterans' Park prop- erty from the City of Roanoke to the Commonwealth of Virginia upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and the City Clerk are authorized to execute and attest respectively in form approved by the City Attorney an appropriate quitclaim deed transferring ownership of the 16.804 acre site on Shenandoah Avenue, N. W., known as Veterans' Park, further iden- tified as Official Tax No. 6010602 to the Commonwealth of Virginia, said transfer to be subject to and conditioned upon the Secretary of Interior's execution of such instruments as may be necessary to remove restrictions that the property be used exclu- sively for public parks or public recreation purposes in per- petuity and such other terms and conditions as more specifically set forth in the report to this Council dated November S, 1989. ATTEST: City Clerk. November 6, 1989 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Dan Daniel Veterans' Care Center (DDVCC) Veterans' Park Property Shenandoah Avenue, N. W. The attached staff report was considered by the Water Resources Committee at its regularly scheduled meeting on October 23, 1989. The Committee recommends to Council that ownership of Veterans' Park property be transferred to the Commonwealth of Virginia in accor- dance with conditions stated in the attached report. E~li~a~eth~~'Respectfully submitte~ · T. Bowles, Chairman Water Resources Committee ETB:KBK:afm Attachment CC: City Manager City Attorney Director of Finance Director of Utilities & Operations Director of Administration & Public Safety Manager, Parks & Recreation/Grounds Real Estate Agent Samuel M. Black, Director, Virginia Department of Veterans' Affairs INTERDEPAIITHENTAL COI~UNICATION DATE: TO: FROM: RE: October 23, 1989 Members, Water Resources Committee Kit B. Kiser, Di~p~, Utilities & Operations through W. Robert Herber~y Manager DAN DANIEL VETERANS' CARE CENTER (DDVCC) VETERANS' PARK PROPERTY SHENANDOAH AVENUE, N.W. I. Back~round: A. City, by deed dated June 25, 1980, took possession of the 16.804 acre parcel of surplus property from the U.S. Department of the Interior. City Council, by Resolution No. 25052, dated April 14, 1980, desig- nated the parcel "Veterans' Park" and authorized a monument to be erected in honor of Lt. Col. Joseph A. Moses and other residents of the Valley who have served in the Armed Forces of the United States. C. City, in July 1981, fenced the park at a cost of $21~549.00. City, in the fall of 1984, considered the proposal of the SPCA that it be granted the property to be used for its animal shelter facilities, a nature park and bird sanctuary. This proposal did not turn out to be feasible, due, in large part, to federal restrictions placed on its use when it was deeded to the City. City Council, by Resolution No. 28952, dated January 11, 1988, requested the United States Con~ress to remove the restrictive cove- nants from the deed to the parcel to permit the City to convey it to the Commonwealth of Virginia for use as the site for a veteran's home. Roanoke County Board of Supervisors, by Resolution No. 2988-7.g offered its support of the City's effort to have the federal restric- tive covenants removed from the deed to the property so that it might be used as the site for the veterans' home. G. Commonwealth of Virginia appropriated $6~800,000.00 in the 1989-90 state budget for the DDVCC. U.S. Consress, by Public Law 101-68, approved on August 1, 1989, the Secretary of Interior's removal of the restrictive covenants on the deed for the property. U.S. Department of Veterans' Affairs, in early October 1989, granted top priority status to Virginia to receive $11~200~000.00 for the construction of the DDVCC. Members, Water Resource Committee RE: Dan Daniel Veteran's Care Center (DDVCC) October 13, 1989 Page 2 II. Current Situation: A. Samuel M. Black~ Director, Virginia Department of Veteran's Affairs, by letter dated October 3, 1989 (attached) has requested the transfer of the 16.8 acre "Veterans' Park" property to the Commonwealth for use as the site for the DDVCC. Virginia Department of Veterans' Affairs has a planning study nearing completion by Van Scoyoc Associates of Alexandria, VA, Retirement Housing and Health Care Consultants, in association with Sherertz, Franklin, Crawford, Shaffner of Roanoke, Architects. III. A. Need B. Timin~ C. Cost to City D. Advantase to City IV. Alternatives: Committee recommend to City Council that it authorize the preparation and execution of a quitclaim deed transferring ownership of the 16.804 acre site on Shenandoah Avenue, N.W. known as Veterans' Park, further identified by Official Tax Number 6010602, to the Commonwealth of Virginia, and take appropriate action necessary to remove the property from the public park system of the City of Roanoke. Transfer of the property shall be conditioned upon the Secretary of Interior's exe- cuting such instruments as may be necessary to remove restrictions that the property be used exclusively for public parks or public recreation purposes in perpetuity. 1. Need by the Commonwealth for the site for DDVCC is met. 2. Timin8 to make site available concurrent with the development of plans for the facility is met. 3. Cost to City is loss of park site. 4. Advantage to City is to become the site of the DDVCC. Committee not recommend to City Council that it authorize the transfer of the Veteran's Park site to the Commonwealth for use as the site for the DDVCC. 1. Need by Commonwealth for site not met. 2. Timin~ to make site available at an appropriate time is not met. 3. Cost to City is zero. 4. Advantage to City of becoming site of DDVCC may be lost. Members, Water Resource Committee RE: Dan Daniel Veteran's Care Center (DDVCC) October 13, 1989 Page 3 Recommendation: Committee recommend to Council that ownership of Veterans' Park property be transferred to the Commonwealth of Virginia in accordance with Alternative "A". KBK/RVH/fm Attachments cc: City Attorney Director of Finance Director of Administration & Public Safety Manager, Parks & Grounds Samuel M. Black, Director, Virginia Department of Veteran's Affairs COMMONWEALTH of VIRGINIA Department of Veteran~' .~ffairs October 3, 1989 C)gT 4 198~ Mr. Wilbur Dibling, Esq. City Attorney City of Roanoke 215 Church Avenue, SW Roanoke, VA 24011 Dea~ Mr. Dibling: Please consider this letter as an official request for transfer to the Commonwealth of Virginia, the property owned by the City of Roanoke on Shenandoah Avenue adjacent to the U.S. D~partment of Veterans Affairs Medical Center. This property was approved by City Council as a site for the location of the Dan Daniel Veterans' Care Center, a $17 million project utilizing state and federal funding. The stipulation of transfer included removal of the federal covenants on the property that restricted its use. Those covenants were removed by federal legislation sponsored by congressional delegation (please see attached bill). In addition, the Commonwealth recently received approval from the federal goverr~nent for placement on the nember one priority listing to receive matching funds (see enclosed letter). The Commonwealth is also completing a planning study being conducted by Van Scoyoc Associates of Alexandria, Virginia, and includes architectural planning by Sherertz, Franklin, Crawford, Shaffner, a Roanoke arthitectural fi~m (see enclosed copies). We are nearing completion of that requesting complete architectural construction contract will follow. study and will soon be services. A general Page Two Wilbur Dibling, Esq. October 3, 1989 In order to proceed with the project, we request the transfer of the property as soon as it is convenient. Please let me know if additional information is needed. Director SMB:bt Enclosures CC: The Honorable Carolyn J. Moss, Secretary of Administration The Honorable 3ohnWarner The Honorable Charles Robb The Honorable L. F. Payne The Honorable Jim Olin The Honorable Granger Macfarlane The Honorable Dudley Emick, Jr. The Honorable Clifton Woodrum The Honorable Richard Cranwell The Honorable Steve Agee The Honorable Victor Thomas State Planning Co~m~ittee Members John E. Forrest, Director, Bureau of Real Property Management Bo. Roafloke Tirneo & Wcx. ld-Newa. T.,o~,~o_y. Oct. 3, 1989 Veterans' home g /en top priority for federal funds ¥i~_'nl, is in line to receive the state's £ult veterans' home, Gov. Ocr~d B~lile~ announced The U.~. D~p~r~m~nt of V~c.rans Affairs has titan. ~ed top. priority sm*us ~o ViraJnia for receiv- ins $11.2 miH;on to mntch the state's com~itflie~ in coflStl~Rion of the veterans' home. "We are ..'.p~_~. pleased with this news m light of the intense competition by a number of states to r~ceive priority for lundin&" hliles s~d in a prepllred staZeZMaL.'*At the 11 th hour, several s~es ente~d ~he competition m~d Vblinia was SUCCeSS~-dl in r~*tainin~ its s~tus for fundlns." The $17 milJiOfl v~erBlls' home is planned for 16.8 a~es ofhnd ne~ to the Yeternns Administration Ten~a~v~ plans are for 230 ~o 2~0 beds, shit between uuruh~ home beds and more independen~ ~ivins quaru~. U Virsima officials,, incl~dins .S. Sens. Charh Robb, D-Vt, and- John Warner, R-Va., and Conarus- men Jim Oii~ D-Roaaok~ ~ Lp. VA or vu~nm I intention m- build the home. early November. Once Balfles approves the plnnt the sine will have the final architec~ tttral druwi~s prepL-ed. PUBLIC LAW 101-68--AUG. 1, 1989 Public Law 101-68 101st Congress An Act To remove, a restriction from a parcel of land in Roanoke, Virginia, in order/ur that land LO be conveyed to the State o1' Virginia for uae aa a veterans nursing home, Be it enacted by the Senate and l*louze of l~epresentatives of the United States of ,~tmerica in Congress assembled. sh~'l le~x~-E-~:a'~%--'Subject to sect/on 2, the Secretary of the Interior restriction that the parcel of land described in subsection lb) be used exclusively for public park or public recreation put s in ity on the condition that the clt,, of o .... ,. ..... .po~e perpetu- land to the State of Virginia /'or use as a veterans nursing home. Ib~ L,No DEscaierloN.~The parcel of land referred to in subsec. tion la).is that parcel known aa Veterans Park which is comprised of approximately 16.8 acres and was convery, ed to the city of Roanoke Virginia, by the United Stataa on June 2a, 1980 recorded in the city of Roanoke Deed Book 1455, page 1154). · F,(. ~. I,IMITAT (IN ON REMOYAI. The Secretary of the Interior may not remove the restriction de~'ribed in section l(al if, within 4 years after the date of en- actment of this Act, the State or' Virginia has not Committed funds with respect to the parcel described in section ltb) in an amount sufllcient-- Il) to comply with the State's obligation under section of title :lg, United States Code Irelating to applications with respect to projects; paymentsL or 12~ to construct, without a Federal grant, a veterans nursing alter the removal of the restriction described in section llah the parcel referred to in section lib) ceases to be used for the purposes of a veterans nursing home, the parcel shall revert to the United States. Approved Au&mat 1, 1~8~. 103 STAT. 175 Aug. 1, 1989 L*:-I.R. St0] Administrator of Veterans Affair. Washington DC 20420 Veterans Administration SEP 5 1999 Hr. Smauel Iq. Black Di rector Department of Veterans A/£airs 210 Franklin Road, S~/, Roam 1012 P. O. Box 809 Roanoke, VA 24004 Dear Hr. Black: The U. S. Department o£ Veterans AE£airs (VA) bbs revieued Governor Baliles' letter and assurances of August 11, 1989, regarding the release o£ State matching £und$ for a State veterans home at Roanoke, Virgin/a. I am pleased to advise you that VA has deter~Ltned the documentation provided by the Governormeets legal a~i regulatory requirements /or placement o£ the Virginia application in group 1 o£ the priority list. 9/hen Federal funds become available, State o££icials will he noti£ied and asked to sub. it additional in/omation regarding the proposed project. Ne look £otuard to ass/sting the State o£ Virginia in establishing its £irst State veterans home. S ilice reJ~e~vours, ~'cretar~ "America~#1--Thanksto our Veterans" COMMONWEALTH of VIRGINIA CT: C._a_ro.AM~_ ~. ~ose, Secretary of Ad~inistration (us4) 786-1~,01 RIC~C)ND -.. Governor ~erald L. Baliles the_beginning of th . _ . announced teds · 1989 90 Faders Y ~hat wi~ ~escerda¥, Vi~AnLa is nov 4...__ }_Flsca~ Year vAAch be looat~ 1~ Roanoke, ~e U,S. ~Pa~ment of ve2erana AlfaLfa (V~) has graa~ Virqimia ~iorA~M Oas a~a~us for receAvl~ 8ederal funds ~o~aling the veteran,a home. ~en~ in the coM2~c~ion Virginia officiall, toge~er with U.S. Senators Xobb and Warner, aa well aa repreleata~ivel ~f Congressmen elan and Pa~e, me~ wi~ VA I~afZ In ~rly Au~i~ ~ aisure ~he VA of Virqinia,i fi~ intend/on ~o build the home. Yollovinq ~e meeting ~ve~or saXAles wrote Edward Secre~a~ of ~e VA, ~d~lcorA~2he 6 au~riaed ~ ~he eeneral hose $ *~ aAlll~n_An funding funds ~or the veteran,a home. ~lY ~o na~h ~he ~e~eral share "We are Pa~Xarly pleased with this news ~n ll~A~ of the in,ease c~l~lon bM a n~ar of a~a~ea ~ receive riorit f ~ndin . A~ ~e eleven~hour a n P y or onpe~ion, ~ vAginAs ----- - ~r.o~ s~atea entered ~e ~UndAnq, O~e~or hltleo aaAd. Carol~ ~. Hoa., Secreta~ o~ A~LnAo ~rce ~ha2 ia ~rren~l d ~ra~ion, o~aAra a 2aa ma u~w~Rgm. The GOV~og Will receive ~he plans in eir~y Hoverer. O~ce t pre,red, a~ter whi~ conat~c~ioa cas beqAn. K4 ?~11 TOD 371~IS SFCS Sherertz Franklin Crawford Shaffner Inc. 14 West Kirk Avenue, Roanoke, Virginia 24011-1700 / 703.344.6664 (Fax) 703-343-6925 September 26, 1989 CONFERENCE NOTES Dan Daniels Veterans Home Commission No. 89038.0~ A meeting was held in Richmond on Monday, September 25, 1989, from 2:00 p.m. to 4:00 p.m. The following notes or decisions were made during the meeting. Any exceptions to these notes should be made to the writer immediately. The meeting was held to review the SFCS proposed design concept. The following was noted: Steve Sunderman outlined the established design goals. Mustafa Kanishka explained the site utilization options and the conceptual Floor Plans dated September 25, 1989. Decisions reached by,consensus: A. Facility will'not be planned for future expansion except the 50 dom. beds may be converted to 60 nursing beds in the future. A~y future .dom. or nursing beds would be provided by an entirely new facility. Therefore, Site Plan A was preferred. B. Three-sto~y building with a residential exterior character was agreed on. C. Floor plans'generally agreed on. D. First floor functions may be shown graphically as blocks of space with back-up information concerning individual rooms provided in the accompanying space program. Next Steps: SFCS will prepare conceptual building elevations, refine the floor plans (with further input from Sam Black), write descriptive narratives and estimate construction oosts for next meeting. Conference Notes Commission No. 89038.01 September 26, 1989 Page 2 Next meeting to be in Richmond on October 16, 1989, from 2:00 p.m. to 4:00 p.m. Prepared by, Project Manager SWS:dbg cc: Mr. Sam Black Mr. Mustafa Kanishka Mr. Gardner Van Scoyoc VAN Sc_oYoc V--- ' ASSOCIATES INC. II. PRELIMINARy OUTLINE MARAGEMENT STUDY FOR DAN DANIEL VETERAN CARE CENTER COMMISSION NO. 89038.01 September 1, 1989 Executive Summ~ · e e overview of demographic characteristics and trends of the Virginia Veteran population. quantitative data describing potential demand for nursing and domiciliary care beds will be developed using VA methodologies. Overview of key informant opinions and perceptions, including: Virginia Veteran population characteristics and trends; Utilization at existing VA facilities and services; and Perceptions regarding the need and potential demand for the DDVCC. e Demand and utilization factors used at other State Veteran homes to identify potential implications on the demand for a State Home in Virginia. Proaram Recomm~ndationn Overview of facility services and spaces, - Number, type and size of units. including: - Number, type and size of resident, service, and administrative spaces. 1 1900N. BFa~,U~GAIIDST. SUIT~20~ "ALIiY*ANDIIIA, V[IGINIA22311 * 7038457~00 Resident service program, including services to be offered within the fee for residency and at extra cost. Opportunities for contract services will be discussed, notably as they would impact space requirements at the DDVCC. III. Eliaibilitv Recnm~endation. S Criteria and priorities for admission and retention: State residency. Discharge statue. Service requirement. Financial status. Physical criteria. Level of disability. Non-veteran admissions. IV. Manaaement Recommendations as Related to a ProDose,] Oraanizational Structure. OD.ratine Plan. and Manse.rial Methodoloav for the DDVC~ This section will present the following recommendations for the DDVCC: S e Managerial Methodology. Organizational Structure. · Staffing Plan. S Operational income and expense projections for the period 1992-1999. Demand for the Dan Daniel Center e Appendices will include description of demand methodology, findings from the survey of selected State Veteran Homes, financial projections, and other materials as required. Ce D® Findings for both domiciliary and nursing care will be presented for 1992 and each subsequent year through 1999 and on a regional and statewide basis. · Summary of key informant opinions and perceptions, obtained through personal and telephone interviews with selection com~ittee representatives; VA district, regional and federal officials; Board of Veteran Affairs, staff at VAMC facilities which serve Virginia Veterans; State Veteran Service Organizations; Virginia State agencies (i.e. Departments of Health, Social Services, and Planning); and Roanoke area planning officials. Proaram Recommendatio~- s Demand and utilization methodologies obtained from the survey of State Veteran Homes to evaluate the demand for a Stats Home in Virginia. · Summary of the survey of selected State Veteran Homes, and their relevant veteran policies, and Virginia regulatory and licensure requirements. Eliaibilit¥ Recomm.ndatign. S Eligibility and admission requirements obtained fro~ the survey of selected Stats Veteran Homes, review of VA criteria and priorities related to admission to Federal and State facilities, Virginia Health and Social Service Department regulations. Manaaement Recommendation. e Summary of the mix of Nursing and Domiciliary beds, proposed programs and services, and eligibility recommendations utilized in State Veteran Homes. VA~ ScoYoc Assocu,'r~.s [NC a Discussion of orqanizational structures, operational plan and managerial methodolog~ for the DDVCC with the specific purpose of meeting all legal and regulatory requirements, providing the standard of quality of care acceptable to the Commonwealth, maximizing communication and maintaining an optimum level of client and employee morale, and minimizing a continuing fiscal impact upon the Commonwealth.. The final recommendations will be made based upon the review of the findings of the survey, the lndepth interviews and site visits, and a comparison of poeeible management schemes, applicable financial and legal limitations and income and expense projections. 4 IN THE COUNCIL OF THE CITY OF ROANOKE, The llth day of January, 1988. No. 28952. VIRGINIA, A RESOLUTION requesting the United States Congress to take such legislative action as is necessary to remove re- strictive covenants from the deed to the City-owned land known as Veterans Park so as to permit the City to convey such land to the Commonwealth of Virginia for use as a veterans nursing home. WHEREAS, the Commonwealth of Virginia does not currently have a State veterans nursing home, and 34 other states have 45 such facilities; WHEREAS, many veterans require continuing health care, but do not require the more intensive and more costly ser- vices of a Veterans Administration Hospital, and State veterans nursing homes benefit these veterans and the Federal and State governments by providing for another level of less expensive, but necessary, health care not currently being provided; WHEREAS, the City owns a 16.8-acre parcel of land on Shenandoah Avenue, N. W., in this City and adjacent to the Veterans Hospital in Salem, all or part of which land would make an ideal site for a State veterans nursing home; WHEREAS, the land known as Veterans Park was conveyed to the City by the United States Department of Interior put- suant to deed, dated June 25, 1980, restrictive covenants prohibiting sale, other disposition of such property except gible governmental agency for public recreation purposes only; and WHEREAS, conveyance by the City to the Commonwealth of Veterans Park for the purpose of construction of a State veterans nursing home would seem to be inconsistent with such restrictive covenants; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The United States Congress is requested to take such legislative action as is necessary to remove the federally-imposed restrictive covenants on the property known as Veterans Park in the City of Roanoke so as to per- mit the conveyance of such property by the City to the Com- monwealth for construction of a State veterans nursing home; 2. The City Clerk is directed to forward attested copies of this resolution to the Honorable John Warner, United States Senator, the Honorable Paul S. Trible, Jr., United States Senator, the Honorable Jim Olin, ~ember, House of Representatives, the Honorable J. Granger ~acfarlane, ~ember, Senate of Virginia, the Honorable A. Victor Thomas, Member, House of Delegates, and the Honorable Clifton Woodrum, III, Member, House of Delegates. which deed contains lease, assignment or to another eli- park or public ATTEST: City Clerk° COUNTY ADMINISTRATOR ELMER C HOE)GE February 12, 1988 BOARD OF SUPERVISORS Ms. Mary Parker Clerk of Roanoke City Council 215 Church Avenue, SW Roanoke, Virginia 24011 Dear Ms. Parker: Attached is a copy of Resolution No. 2988-7.g concerning support for Roanoke City's plan to donate part of Veterans Park as the site for a State Veterans, Nursing Home. This resolution was adopted by the Board of Supervisors at their meeting on February 9, 1988. If you need further information, please do not hesitate to contact me. Sincerely, Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors bjh Attachment PO BOX 29800 · ROANOKE, VIRGINIA 24018-O798 · (703} 772-2004 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 9, 1988 RESOLUTION 2988-7.g OF SUPPORT FOR ROANOKE CITY'S PLAN TO DONATE PART OF VETERANS PARK AS SITE FOR STATE VETERANS' NURSING HOME BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: WHEREAS, the federal government donated a 16.8 acre surplus tract of land to Roanoke City in 1980.with a deed restriction that it be used for recreation purposes only; and WHEREAS, this land, known as Veterans Park, is located next to the Veterans Administration Medical Center near the Salem and Roanoke boundary and would be an ideal site for a veterans, nursing home; and WHEREAS, Roanoke City Council is willing to give part of Veterans Park as a site for the state veterans, nursing home, and has requested Congress to remove the deed restriction limiting the property for recreation; and THEREFORE, BE IT RESOLVED, that the Board of Supervisors Of Roanoke County, Virginia, recognizes that a state veterans~ nursing home would be of great benefit to all the citizens of Roanoke Valley as well as the State of Virginia, and does hereby support the City of Roanoke in their request to urge the Congress of the United States to adopt the necessary legislation to remove the deed restriction in order that the state veterans' nursing home can become a reality. On motion of Supervisors Nickens, seconded by Supervisor Robers, and upon the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett NAYS: None A COPY - TESTE: 2/11/88 Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors File The Honorable James R. Olin The Honorable John Warner The Honorable Paul Trible, Jr. Mary F. Parker, Clerk, City of Roanoke