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HomeMy WebLinkAboutCouncil Actions 03-19-90 (29973) REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL March 19, 1990 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Mrs. Bowles was absent; Mr. Musser left the meeting at 3:15 p.m., prior to the vote on Item 5.a.6. The invocation will be delivered by The Reverend Clinton D. Scott, President, Pentecostal Ministerial Alliance. Present. The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor. Presentation by the Mayor and Members of Council. The Mayor presented a framed picture of the Roanoke Regional Airport Terminal Building to Mr. Lee Garrett in recognition of his service as a member of the Roanoke Regional Airport Commission. Review and consideration by the Mayor and Members of Council of the following applications for appointment to the Roanoke City School Board, for terms commencing July 1, 1990, and ending June 30, 1993, pursuant to Section 9-19, Preliminary Screening of Applicants, Code of the City of Roanoke, 1979, as amended: 1. Sallye T. Coleman 2. Charles W. Day 3. Emanuel C. Edwards 4. John T. Geary 5. David K. Lisk 6. Delvis 0. McCadden 7. Lewis W. Peery 8. Finn D. Pincus 9. Denise A. Reedy Received and filed; Council voted to select the six persons to receive the formal interview in open session on Monday, March 26, 1990. 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. (1) C-1 A report of the City Manager transmitting a proposed schedule of activities for fiscal year 1990-91 Budget Study. C-2 C-3 RECOMMENDED ACTION: Concur in recommendation. Council Member Bowers advised of a potential conflict on Thursday, May 3, 1990; whereupon, the Mayor suggested that the City Manager confer with the Superintendent of Schools to deter- mine if the School Board would meet with Council on Friday, May 4 at 9:00 a.m., rather than Thursday, May 3. It was agreed that the budget study schedule would be adopted as presented with the abovestated amendment, and that Mr. Bowers would advise the City Manager if an adjustment needs to be made for the May 3 budget study session. A report of the City Manager with regard to a process which has been chosen to obtain a comprehensive and objective analysis of the administration and enforcement of the City's zoning ordinance. RECOMMENDED ACTION: Receive and file. A report of the City Manager requesting an Executive Session to discuss a matter pertaining to acquisition of real property for public purposes for the Roanoke River Flood Reduc- tion Project and specific legal matters requiring the provision of legal advice by counsel, being the terms and conditions of the Roanoke River Flood Reduction Project Local Cooperative Agreement with the U. S. Government, pursuant to Sections 2.1-344 (A) (3) and 2.1-344 (A) (7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss a matter per- taining to acquisition of real property for public purposes for the Roanoke River Flood Reduction Project and specific legal matters requiring the provision of legal advice by counsel, being the terms and conditions of the Roanoke River Flood Reduction Project Local Cooperative Agree- ment with the U. S. Government, pursuant to Sections 2.1-344 (A) (3) and 2.1-344 (A) (7), Code of Virginia (1950), as amended. REGULAR AGENDA Bearing of Citizens Upon Public Matters: Presentation of the 1989 Annual Report of the City Planning Commission. Mr. Michael M. ~aldvogel, Chairman. Received and filed with appreciation. (2) Petitions and Communications: None. Reports of Officers: a. City Manager: Briefings: None. Items Recommended for Action: A report recommending authorization to execute Real Estate Option agreements with individual property owners of houses selected for the Home Purchase Assistance Program. Adopted Ordinance No. 29973-31990. (6-0) A report recommending authorization to execute Change Order No. 2, in the amount of $84,868.48, to the contract with Aaron J. Conner, General Contractor, Inc., for construction of the Williamson Road Storm Drain Project, Phase 2, Contract I-F; and transfer of funds therefor. Adopted Ordinance No. 29974-31990 and Ordinance No. 29975-31990. (6-0) A report recommending authorization to execute Amendments No. 3 and No. 4 to the engineering contract with Mattern & Craig, Consulting Engineers, to prepare complete construction plans for widening and realign- ment of Second Street/Gainsboro Road and Wells Avenue. Adopted Ordinance No. 29976-31990 and Ordinance No. 29977-31990. (6-0) A report concurring in a report of a bid committee recommending acceptance of the bid submitted by I.B.M. Corporation to provide one Computer Disc Drive for City Information Systems, in the total amount of $49,560.00; and appropriation of funds therefor. Adopted Ordinance No. 29978-31990 and Ordinance No. 29979-31990. (6-0) A report concurring in a report of a bid committee recommending acceptance of the bid submitted by S. J. Conner and Sons, Inc., to provide necessary equipment to update the existing automated Fuel Dispensing System, for a total cost of $24,335.80; and the purchase of two computer printers and modems from the State Contract, for a total cost of $866.00; and appropriation of funds therefor. Adopted Ordinance No. 29980-31990 and Ordinance No. 29981-31990. (6-0) (3) A report concurring in a report of a bid committee recommending acceptance of the bid submitted by Sun Electric Corporation, to provide one new computerized diagnostic engine analyzer, for the total cost of $24,315.75; and appropriation of funds therefor. Adopted Ordinance No. 29982-31990 and Resolution No. 29983-31990. (5-0) A report concurring in a report of a bid committee recommending acceptance of bids submitted to provide certain vehicles for the Sheriff's Department. Adopted Ordinance No. 29984 on first reading. Mr. Bowers abstained from voting.) (4-0~ A report concurring in a report of a bid committee recommending the purchase of eight tables and forty bunks for the maximum security, fourth floor area of the Roanoke City Jail. Adopted Resolution No. 29985-31990. (5-0) A report concurring in a report of a bid committee recommending acceptance of the bid submitted by Micro Palm Computers, Inc., to provide necessary hardware for an automated meter reading system, in the total amount of $18,749.68; and transfer of funds therefor. Adopted Ordinance No. 29986-31990 and Resolution No. 29987-31990. (5-0) Reports of Committees: None. Unfinished Business: None. Introduction and Consideration of Ordinances and Resolutions: Ordinance No. 29964, on second reading, rezoning certain parcels of land located in the northwest area of the City on Eleventh Street, Fairfax, Orange and Madison Avenues, and Moorman Road, N. W., from CN, Neighborhood Commercial District, to C-2, General Commercial District. Adopted Ordinance No. 29964-31990. (5-0) Ordinance No. 29971, on second reading, authorizing the lease of certain City-owned property consisting of an existing house and cabin located in the Roanoke Centre for Industry and Technology to Made Douthat, upon certain terms and conditions. Adopted Ordinance No. 29971-31990. (5-0) (4) 10. Ordinance No. 29972, on second reading, authorizing the lease of certain City-owned property being a 115-acre parcel located in the Roanoke Centre for Industry and Technology to Wade Douthat, upon certain terms and conditions. Adopted Ordinance No. 29972-31990. (5-0) 9. Motions and Miscellaneous Business: Inquiries and/or comments by the Mayor and Members of City Council. A communication from Mr. Richard W. Robers, Chairman, Roanoke County Board of Supervisors, requesting that Council consider certain modifications to the proposed Consolidation Agreement between Roanoke City and Roanoke County, was referred to the City's representatives to the Consolidation Negotiating Team for study, report and recom- mendation to Council. A communication from Mr. Charles R. Hill, Mayor, Town of Vinton, requesting that Council unilaterally not concede to amending the proposed Consolidation Agreement that affects the Town of Vinton, was also referred to the City's repre- sentatives to the Consolidation Negotiating Team for study, report and recommendation to Council. A communication from Mr. Charles L. Downs, President, Roanoke Sister Cities Corporate Board, requesting that Council adopt a measure that would introduce Wonju, Korea, and Kisumu, Kenya, Roanoke's Sister Cities, to one another, and propose and encourage a Sister City relationship bet- ween the two cities, was referred to the City Attorney for preparation of the proper measure. b. Vacancies on various authorities, boards, commissions and committees appointed by Council. Other Hearings of Citizens: Certification of Executive Session. (4-0, Mr. Bowers left the meeting at 4:40 p.m., during the Executive Session.) (5) Office of the City Clerk March 21, 1990 File #60 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report transmitting a proposed schedule of activities for fiscal year 1990-91 Budget Study, was before the Council of the City of Roanoke at a regular meeting held on Monday, March 19, 1990. C~.?~ci~ Member David A. Bowers advised of a potential conflict on ~?~ May ~ 1990; whereupon, the Mayor suggested that you confer 'with the Superintendent of Schools to determine if the School Board will meet with Council on Friday, May 4 at 9:00 a.m., rather than Thursday, May 3. The proposed 1990-91 budget study schedule was adopted as presented with the abovestated amendment, with the understanding that Mr. Bowers will advise you if an adjustment needs to be made regarding the May 3 budget study session. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra pc: The Honorable Mayor and Members of the Roanoke City Council Mr. Earl B. Reynolds, Jr., Assistant City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public ~orks Mr. Kit B. Kiser, Director of Utilities and Operations Mr. James D. Ritchie, Director of Human Resources Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. James M. Turner, Jr., Chairman, Roanoke City School Board, P. O. Box 1689, Salem, Virginia 24153 Dr. Frank P. Tota, Superintendent of Schools, P. O. 6ox 13145, Roanoke, Virginia 24031 Ms. June S. Nolley, Deputy Clerk and Secretary to the Superintendent, P. 0. Box 13145, Roanoke, Virginia 24031 Mr. Barry Lo Key, Manager, Office of Management and Budget Mr. David H. Dew, Budget ~dministrator, Office of Management and Budget Room456 MunicipalBuilding 215Church Avenue, S.W Roanoke, Virginia 24011 (703)981-2541 Office of the City Manager March 19, 1990 The Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, Virginia 24011 Subject: Fiscal Year 1990-91 Budget Study; Proposed Schedule of Activities Dear Members of Council: On February 23, 1990, I forwarded to you a proposed schedule for the Fiscal Year 1990-91 Budget Study and Adoption Process. My letter requested that you review the proposed schedule and advise my office if any of our suggested dates/times conflicted with your schedules. In that we have received no comment from any member of Council, this is to request that you formally approve the attached schedule of activities, dates, and times in order that we might finalize all the arrangements necessary to move forward with the budget study process. WRH:EBRJr:mp Respectfully submitted, W. Robert Herbert City Manager cc: Assistant City Manager City Attorney Director of Finance City Clerk Budget Review Team Directors Chairman, Roanoke City School Board Superintendent of Schools Room 364 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 2401 t (703)98t-2333 BUllET STUDY SCHEDULE FISCAL ~EAR 1990-91 Day/Date/Time Friday, April 13 Monday, April 16 10:00 a.m. Monday, April 16 11:00 a.m. Monday, April 16 2:00 p.m. Monday, April 16 Monday, April 23 1:00-2:00 p.m. Monday, April 23 7:30 p.m. Wednesday, May 2 9:00 a.m. - 12 Noon Thursday, May 3 9:00 a.m. - 12 Noon Thursday, May 3 1:00 p.m. - 3:00 p.m. Friday, May 4 9:00 a.m. - 12 Noon Monday, May 7 2:00 p.m. or Monday, May 7 2:00 p.m. Activity Distribution of Manager's Budget Proposal to City Council City Manager's Press Conference to release Proposed Budget City Manager briefs Department Managers on Proposed Budget Public Presentation of Proposed Budget to City Council Advertisements of Public Hearings on Proposed Budget and Tax Rates appears in Newspapers Council - Manager - Director of Finance meet to prepare for Public Hearing on Proposed Budget and Tax Rates Public Hearing on Proposed Budget and Tax Rates -- Civic Center Exhibit Hall Council/Administration Budget Study Session Council/School Board Budget Study Session Council/Administration Budget Study Session Final Council/Administration Budget Study Session. Afternoon session can be scheduled if needed. Council Adopts FY 90-91 Budget and Related Ordinances/Resolutions Council authorizes a Special Meeting of Council for Thursday, May 10, to adopt FY 90-91 Budget and Related Ordinances and/or Resolutions Note: All Budget Study Sessions will be held in the Social Services Conference Room, #306, Third Floor - Municipal North Office of the City Clerk March 21, 1990 File #51 Mr. ~. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report advising that you have entered into an agreement with the Institute For Public qanagement at Virginia Polytechnic Institute and State University to access the efficiency and effectiveness of the City's zoning administration enforcement and development review procedures, was before the Council of the City of Roanoke at a regular meeting held on Monday, March 19, 1990. On motion, duly seconded filed. and adopted, the report was received and Sincerely, · Mary F. Parker, CMC/AAE City Clerk MFP:ra pc: ~r. Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. John R. Marlles, Chief of Community Planning Mr. Ronald H. Miller, Building Corrlmissioner/Zoning Administrator Mr. Charles M. Huffine, City Engineer Mr. Brian J. Wishneff, Chief of Economic Development Room456 MunicipaIBuilding 215Church Avenue,$ W Roanoke, Virgima 24011 (703)981 2541 Office of the City Manager March 19, 1990 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Taylor and Council Members: Subject: Zoning Ordinance Administration/Enforcement City Council has previously referred to me a request for information concerning administration and enforcement of the City's zoning ordinance and other regulations which impact on the quality of life in our community. This letter is intended to advise you of a process which has been chosen to obtain a comprehensive and objective analysis of this subject. The City Administration has entered into an agreement with The Institute For Public Management at Virginia Polytechnic Institute and State University (VPI&SU) to assess the efficiency and effectiveness of the City's zoning administration, enforcement, and development review procedures. This comprehensive review will cost $9,850 and will be completed by April 15, 1990. Funds are available for this expenditure in the FY 1989-90 Budget. The project has five objectives: Analyze the existing administrative structures and responsibilities of those departments (Building, Planning, Engineering) associated with the City's development review, approval and enforcement process, evaluate their effectiveness, and make recormnendations for improvements where needed. Examine the current relationship between the City review staff and the City's development review boards and con~nissions, evaluate the effectiveness of that relationship and make recommendations where needed. Assess current development review, approval and enforcement procedures and make recommendations which could improve levels of effectiveness where problems exist. Review the existing zoning ordinance and the means of disseminating information related to pending development proposals and make recommendations on strategies for improving awareness and understanding of ordinances by neighborhood groups, developers and City officials. Room 364 Municipal Building 2t 5 Church Avenue 5W Roanoke Virginia 24011 (703) 98t -2333 Mayor Taylor and Council Members March 19, 1990 Page 2 5o Analyze the current administrative structure and responsibilities of the planning office and make recommendations to improve the organization and provision of basic planning needs within the City's administrative structure. Additionally, the process will include interviews with City staff and members of Boards and Commissions involved in the development process; representatives of neighborhood groups; and representative from the development community. The review, as outlined above, will be comprehensive and objective. believe, therefore, that the final report will help me take whatever actions that may be needed to enhance our services to the community. I understand Council's commitment and concerns regarding these matters and will be pleased to receive any additional con~nents or questions you may have as we proceed on this very important matter. I Respectfully, W. Robert Herbert City Manager WRH:WFC:pr CC: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. John R. Marlles, Chief of Community Planning Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. Charles M. Huffine, City Engineer Mr. Brian J. Wishneff, Chief, Economic Development Roanoke, Virginia March 19, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: I request an Executive Session pertaining to acquisition of real property for public purposes for the Roanoke River Flood Reduction Project and specific legal matters requiring the provision of legal advice by counsel being the terms and conditions of the Roanoke River Flood Reduction Project Local Cooperative Agreement with the U. S. Government, in accordance with Sections 2.1-344(A)(3) and 2.1-344(A)(7) of the Code of Virginia (1950), as amended. Respectfully submitted, W. Robert Herbert City Manager WRH:afm cc: City Attorney Director of Finance Office of the City Clerk ~arch 21, 1990 File #200-109 Mr. Michael M. Waldvogel, Chairman City Planning Commission 3526 Penarth Road, S. Roanoke, Virginia 24011 Dear Mr. Waldvogel: The 1989 Annual Report of the City Planning Commission was before the Council of the City of Roanoke at a regular meeting held on Monday, ~arch 19, 1990. On motion, duly seconded and adopted, received and filed with appreciation. Sincerely, the Annual Report Mary F. Parker, CMC/AAE City Clerk wa s MFP:ra Enc. pc: Mr. John R. Marlles, Chief of Community Planning Room456 Muni¢ipaIauilding 215Church Avenue, 5 W Roanoke, Virginia 24011 (703)981 2541 Roanoke City Planning Commission March 19, 1990 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: 1989 Annual Report By authority of the full Commission, I am pleased to forward to you the annual report of the Planning Commission. As you will see in the report, 1989 has been a very busy and productive year. Throughout its history, Roanoke has had a strong tradition of civic involvement in the planning process. The City's Planning Commission, consisting of citizen volunteers appointed by Council, has played an important role in this citizen participation process. Recognizing that the role of the Planning Commission has changed over the past 40 years, Commission members participated in a series of workshops intended to redefine the role of the Commission in the City's planning process. In this regard, the following recommendations outlined in the report are presented for your consideration: The Planning Commission should continue to serve as a sounding board for City Council on both short-term and long-range development issues. The role of the Planning Commission in the City's planning process should be to coordinate the City's ongoing comprehensive planning efforts. The Planning Commission, through its subcommittee structure, should be involved in City-sponsored planning efforts as early in the process as feasible. The Planning Commission should serve as a catalyst for City Council and the City administration by Room 355 Municipal Building 215 Church Avenue, S W. Roanoke, Virginia 24011 (703) 981-2344 Members of Council Page 2 calling attention to community development issues or areas where policy direction is needed. The Planning Commission should continue to assume primary responsibility for developing the plans and ordinances necessary to guide future growth. Communication between the Planning Commission and City Council and the City administration would be enhanced by: (1) the appointment of a council member to serve as the Commission's liaison; (2) the scheduling of regular meetings between the Chairman of the Commission and the City Manager; and (3) participation by representatives of the City administration and City Council at the Commission's annual retreat. In the coming year, the Commission's top priorities will be to: (1) continue to refine the role of the Planning Commission in the comprehensive planning process and implementation of the City's neighborhood commercial and industrial development activities; (2) continue to encourage enforcement of the zoning ordinance; (3) continue to review and update the zoning ordinance and other land development regulations; and (4) continue the neighborhood planning process. In 1989, the Commission also reviewed 35 rezoning requests and 12 street and alley closures. Staff reviewed 74 subdivision requests and 79 site plans. The Commission reviewed and approved 5 site plans. Finally, at the Commission's annual organizational meeting held on February 21, 1990, the following officers were selected for the upcoming year: Chairman: Vice-Chairman: Agent/Secretary: Michael M. Waldvogel Paul C. Buford, Jr. John R. Marlles We greatly appreciate the cooperation Council has given us this past year and look forward to another year of cooperation and progress in our planning efforts. Respectfully submitted, Michael M. Waldvogel, Chairm~n Roanoke City Planning Commission Members of Council Page 3 MMW:JRM:mpf attachment cc: City Manager Assistant City Manager City Attorney Director of Finance Assistant City Attorney Director of Public Works City Engineer Building Commissioner Office of the City Clerk March 21, 1990 File #178-236 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 29973-31990 authorizing cer- tain real estate options to be entered into in connection with the Home Purchase Assistance Program on real estate located at 1502 Tazewell Avenue, S. E., and 1433 Gladstone Avenue, S. E. Ordinance No. 29973-31990 was adopted by the Council of the City of Roanoke at a regular meetiag held on Monday, March 19, 1990. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Mr. Joel ~. Schlanger, Director of Finance Ms. Deborah J. Moses, Chief of Billings and Collections Mr. William F. Clark, Director of Public Works Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Hr. H. Daniel Pollock, Housing Development Coordinator Room456 MunicipaJBuilcling 215Church Avenue. S.w Roanoke, Virginia 24011 (703)9812541 IN THE COUNCIL OF TRE CITY OF ROANOKE, The 19th day of March, 1990. No. 29973-31990. VIRGINIA, AN ORDINANCE authorizing certain real estate options to be entered into in connection with the Home Purchase Assistance Pro- gram, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the City Manager be, and he is hereby authorized, for and on behalf of the City, to execute Real Estate Options on real estate located at 1502 Tazewell Avenue, S. E., and 1433 Gladstone Avenue, S. E., as set out in and attached to the Cizy Manager's report dated March 19, 1990, a copy of which is on file in the Office of the City Clerk, upon approval of the form of the Options by the City Attorney, and upon such other terms and con- ditions as are provided therein; and 2. That, 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. Roanoke, Virginia March 19, 1990 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: I. Background Execution of Agreements under the Home Purchase Assistance Program. Application to the Virginia Department of Housing and Community Development (DHCD) for the Single Family Rehabilitation and Energy Conservation Loan Program was approved by City Council on December 19, 1988. Execution of Administrative Agreement with DHCD was authorized by City Council on March 27, 1989, for a $ 300,000 allocation under the Single-Family Rehabilitation and Energy Conservation Loan Program. $220,000 of the State's Single Family Rehabilitation and Energy Conservation Loan Programs allocation is to be used in conjunction with the Home Purchase Assistance Program. Funds provided from the State's Program will be loaned for the rehabilitation of substandard houses that are purchased through the Home Purchase Assistance Program, up to $20,000 per house. $2#0~000 in Community Development Block Grant (CDBG) funds, comprising a 2 year cumulative appropriation, was allocated by Council to this initiative on 3une 26, 1989, allowing the City to provide loans to low- moderate income households agreeing to buy approximately 18-20 certain identified substandard houses through the Home Purchase Assistance Program. The Program to be administered jointly by the City and the Roanoke Redevelopment and Housing Authority (RRHA) as outlined in the City's current contract for services with RRHA. City Council approved initial targeting, of the Home Purchase Assistance Program in Conservation Areas and Rehabilitation Districts within the City's Southeast quadrant on December #, 1989. ,March I9~ 1990 t~age 2 II. Current Situation: 3o Real Estate Options were selected as the best way to allow the City to implement the Home Purchase Assistance Program. These Options de£ine the property owner's and the City's responsibilities under the Program~ establish a purchase price for the property~ allow the City to access the property and market the property for sale to qualifying low and moderate income purchasers in the Program through assignment of the Rea] Estate Option. This provides for a direct sale of the property from the current owner to the purchaser selected through the Program. The City will not exercise any Option and will not actually purchase any property in the Program. Should the City be unable to £ind a buyer for the property the Real Estate Option would be allowed to expire. Two Real Estate Options have been executed by individual property owners of vacant single-family homes located in the initial target area. An Option for $12~000 has been offered at I502 Tazewell Avenue S.E. Jn the Fallon Park Rehabilitation District (Attachment A) and an Option for $19~#00 has been offered at 1#33 Gladstone Avenue 5.E. in the Kenwood Rehabilitation District (Attachment t3). Council authorization to the City Manager to execute Real Estate Options (Attachment A and Attachment 13) with individual property owners is necessary to allow implementation of the Program. III. Issues: A. Effect on Housing Conditions. 15. Consistency with the Recommendations of the Housing Development Strategic Plan Task Force. C. Cost to the City. D. Timing. IV. Alternatives: Authorize the City Manager to execute Real Estate Options at 1507 Tazewell Avenue S.E. (Attachment A) and at 1433 Gladstone Avenue S.E, (Attachment B)~ to be approved as to form by the City Attorney~ with individual property owners of houses selected for the Home Purchase Assistance Program. Effect on housing conditions will be positive, as home-ownership opportunities will be provided to 2 low-moderate income households in the Southeast Quadrant of the City. 13enefits of these home- ownership opportunities include: . March 19, 1990 Page 3 ao Two single family houses in the Southeast Quadrant will be purchased, rehabilitated and occupied by low and moderate income households, using these rehabilitation funds from the State Program and purchase loans from the City. Targeting of the Program within specific sections of the Southeast Quadrant will enhance the appearance and image of the area through the rehabilitation efforts, and encourage attractive maintenance of surrounding properties. Creation of homeownership opportunities will prevent conversion of these homes to rental units - which has been a recent trend, and an issue of great concern to the neighborhood organization and individuals within the area. Consistency with recommendations of the Housing Development Strategic Plan Task Force will be met, specifically: ao Strategic concentration of effort (General Policy 1) - Houses under the Home Purchase Assistance Program are expected to be clustered and in areas where substantial spin-off benefits to stabilize nearby property are likely to occur. Owner-occupancy of renovated houses (Goal 6, Objective A, Activity !) - The Home Purchase Assistance Program is designed to do this. Continued homeownership (Goal 6, Objective B, Activity 1) All recipients of loans under the Housing Purchase Assistance Program will receive counseling and instruction in home main~ tenance, repair, etc., to facilitate long term homeownership. Leveraging and recycling funds (Resources, Activity 5) - The Program design uses CDBG funds already committed to gain the use of State funds on very attractive terms. In addition, the CDBG funds dedicated to the Home Purchase Assistance Program will be repaid to the City over 10 - 15 years. Cost to the City would be $1.00 per Option. Under separate sub- sequent action Council will be asked to approve assignment of the Options to qualifying purchasers under the Program and authorize loaning CDBG funds for the purchase. Further; The City will receive additional tax revenues and other benefits from the rehabilitated property, and from increased values of nearby properties. b. Allocation of State funds will be utilized, taking maximum advantage of available resources. March 19, 1990 Page # #o Timing of Program implementation is critical, as authorization to the City Manager to execute the Real Estate Options (Attachment A and Attachment B) is necessary allow immediate marketing of the houses of the to potential purchasers. Purchasers must be iden- tified quickly to allow the City to utilize the State's rehabilita- tion funding for this initiative. Bo Do not authorize the City Manager to execute Real Estate Options at 1502 Tazewell Avenue S.E. (Attachment A) and at i¢33 Gladstone Avenue S.E. (Attachment B)~ to be approved as to form by the City Attorney~ with individual property owners of houses selected for the Home Purchase Assistance Program. Effect on housing conditions will be negative, as homeownership opportunities will not be provided to low-moderate income households in the Southeast Quadrant of the City. Lost benefits of these home- ownership opportunities include: ao Two single-family houses in the Southeast Quadrant will not be purchased, rehabilitated and occupied by low-moderate income households, using these rehabilitation funds from the State's Program and purchase loans from the City. Absence of concentrated targeting of the Program within specific sections of the Southeast Quadrant will not enhance the appearance and image of the area through rehabilitation efforts and will not encourage attractive maintenance of sur- rounding properties. Lost creation of homeownership opportunities will not prevent conversion of these 2 houses to rental units - which has been a recent trend~ and an issue of great concern to the neighborhood organization and individuals within the area. Consistency with recommendations of the Housing Development Strategic Plan Task Force would not be met. Cost to the City can be recognized as lost opportunity cost. The City will not receive additional tax revenues and other benefits from the rehabilitated property, and from increased values of nearby property. Allocation of State funds may not be utilized fully~ such that some of the $300~000 allocated to the Program may be recaptured by the State. Timing of Program implementation is critical as lack of two homes to market through the Program will prevent immediate marketing of houses to potential buyers. Purchasers could not identified quickly and State funding for the rehabilitation could be lost. · March 19, 1990 Rage 5 V. Recommendations: Adopt Alternative A, thereby authorizing the City Manager to execute Real Estate Options at 1502 Tazewe]l Avenue $.E. (Attachment A) and at 1/~33 Gladstone Avenue $.E. (Attachment B), to be approved as to form by the City Attorney, with individual property owners of houses selected for the Home Purchase Assistance Program. Respectfully submitted, W. Robert Herbert City Manager WRH:BC: (CR. 33, CR. 34) Attachments (2) CC: City Attorney Director of Finance Director of Public Works Building Commissioner Housing Development Coordinator Grants Administrator Chief, Billings and Collections Director, RRHA REAL ESTATE OPTION THIS REAL ESTATE OPTION (hereinafter referred to as "Option"), made this 25th day of February , 1990, by and between Raymond L. Gilmore & Irene L. Gilmore (hereinafter referred to as "Grantor"), and the CITY OF ROANOKE, VIRGINIA hereinafter referred to as "Grantee"). · I T N E S S E T H: I. GRANT OF OPTION. For and in consideration of One Dollar ($ 1.00 ), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor gives and grants to Grantee~ its successors and assigns, the exclusive, assignable and irrevocable right and option to purchase the property, more particularly described in Section No. 2 of this Option, together with all easements, rights and appurtenances attached thereto, and all improvements thereon (hereinafter referred to as "Real Estate"). By giving and granting this Option to Grantee, Grantor certifies that Grantor, and only Grantor, owns the Real Estate in fee simple. follows: DESCRIPTION OF REAL ESTATE. The Real Estate is described as 1502 Tazewell Avenue S. E. A parcel in the City of Roanoke, Virginia~ City of Roanoke Official Tax No. #211712 , consisting of approximately .085 acres more particularly described on the map attached heret6, labeled Exhibit A, and incorporated by reference herein, together with all easements, rights of way, water rights~ appurtenances and improvements thereto belonging~ the legal description for which is Lot I , Block ~ , Map E.S.L. 3. TFRM OF OPTION. This Option shall commence on the date and at the time of execution of this Option by Grantor and Grantee. This Option shall expire at 1[:99 p.m., on June 29 , 1990, unless earlier exercised or terminated by Grantee. 4. EXERCISE OF OPI'ION. This Option shall be deemed validly and effectively exercised if notice of the exercise hereof is either sent by certified mail to Grantor at 3~01 Harvest Lane N. ~/. Roanoke, Virginia 24017 , or delivered in person to Grantor, on or before the expiration date and time of this Option. Notice of such exercise which is given by certified mail shall be deemed effective when depo- sited in the mail as aforesaid. For the period that this Option is effective, neither Grantor nor Grantor's employees, agents, tenants or representatives shall use or alter the Real Estate in a manner which would adversely affect its use by Grantee, and Grantor shall not sell, encumber, or otherwise transfer or dispose of the Real Estate to any other party. The exercise of this Option shall result in Grantor selling and conveying the Real Estate to Grantee, and Grantee purchas- ing and accepting the Real Estate from Grantor, for the amount of the Purchase Price, subject to the terms and conditions contained in this Option. Grantee reserves for it and its successors and assigns the right to terminate this Option at any time for cause or no cause at all, either before or after the assignment of this Option. 9. FAILURE TO EXERCISE OPTION. If Grantee does not exercise this Option, Grantor shall have no rights or claims against Grantee. 6. INSURANCE. Upon execution of this Option, Grantor shall maintain general liability insurance on the real estate during the term of this Option, or any extension of said term, in an amount of $300,000.00 , and shall supply Grantee with a Certificate Insurance, demonstrating that Grantee is a named insured on the policy of genera] liability insurance. 7. RIGHT OF ENTRY AND MARKETING OF REAL ESTATE. After the execution of this Option by Grantor and Grantee, and either before or after the exercise of this Option by Grantee, Grantee, or its agents or employees, may enter upon the Real Estate and perform ail sur- veying, engineering, soil borings, appraisals, estimates of repairs and other tests and acts deemed necessary by Grantee to satisfy Grantee that the Rea] Estate is suitable for the uses and purposes intended by Grantee and is suitable for the Home Purchase Assistance Program (hereinafter referred to as the "Program"). Ali such tests and acts shall be performed at reasonable hours and at Grantee's cost and expense. In addition, Grantee shah be entitled to publicize the Real Estate for sa[e, endeavor to identify a purchaser for the Real Estate, place a "For Sale" sign on the Rea] Estate, show the property to prospective purchasers, and take other reasonable and appropriate action deemed necessary by the Grantee to sell the Rea] Estate. Under no circumstances shall this section create any rights in the Grantor or impose any obligations upon the Grantee. 8. REAL ESTATE MAINTENANCE. Grantor shall maintain the Rea] Estate and adjoining sidewalks and walkways in a safe and attractive manner during the term of this Option, and in the event of the exer- cise of this Option, until the date of closing. -3- 9. RISK OF LOSS. Grantor shall bear any risk of loss of the Real Estate durin§ the term of this Option, or, in the event of the exercise of this Option, until the date of closing. 10. ASSIGNMENT. Grantee may assign this Option by written noti- fication to Grantor. Grantor shall not assign this Option, unless approved in writing by Grantee, and Grantee's approval of such an assignment may be withheld for any reason or no reason at all. [f the Grantor assigns this Option, all references in this Option to the Grantor shall apply to the assignee. 1~ the Grantee assigns this Option, all references in this Option to the Grantee shall apply to the assignee. In the event of an assignment by either the Grantor or the Grantee, no claim may be asserted against the assignor based upon, arising out of, or related to this Option. 11. PURCHASE PRICE. The purchase price for the Real Estate shall be Twelve Thousand and NO/100 ....... DOLLARS ($12,000.00 ). 12. PAYMENT OF PURCHASE PRICE. The purchase price for the Real Estate shall be payable at closing. 13. CLOSING. If this Option is exercised, closing of the sale of the Real Estate shall be held within sixty (60) days of the date on which Grantor receives notice of Grantee's exercise of this Option, or as soon thereafter as may be practically possible. Closing shah be held in Room 170, Municipal Building, 215 Church Avenue, Roanoke, Virginia, or at some other location selected by the City and mutually satisfactory to the parties. At closing, Grantor shall execute, acknowledge, and deliver to Grantee, a general warranty deed, with modern English covenants of title, in form satisfactory and acceptable to the Grantee, conveying the Real Estate to Grantee, free and clear of all liens, tenancies, encumbrances, material defects, and exceptions, other than current taxes, and any other matters that may have been approved by Grantee in writing after examination of title. Said deed shall be prepared at Grantor's expense. Grantor shall pay grantor's tax, and all documentary, transfer, and excise taxes imposed upon that conveyance. Grantor shall execute and deliver a non-foreign affidavit to Grantee at closing in the form required by Section [#45 of the Internal Revenue Code; otherwise, Grantee will withhold a portion of the Purchase Price and remit the same to the internal Revenue Services for the account of Grantor as required by law. Grantor also shall execute, acknowledge, and deliver any of the instruments, documents, and assurances required or requested by Grantee or a title insurance company in order to con- summate this transaction and effect the conveyance of the Real Estate to Grantee as herein provided, including, without limitation, a ven- dot's affidavit in form satisfactory and acceptable to Grantee's coun- sel. Possession of the Real Estate shall be delivered to Grantee at the closing, in the same condition as it now is, ordinary wear and tear only excepted, free and clear of the rights or claims of any other party. All warranties and representations of Grantor, and any covenants and obligations of Grantor hereunder which remain unper- formed upon closing, shall survive the closing. 1#. GRANTEE UNABLE TO CLOSE SALE. The terms of this Option notwithstanding, should Grantee be unable or unwilling for any reason to close on the sale of the Real Estate, including being determined ineligible for the Home Purchase Assistance Program by the Virginia Housing Development Authority, after the exercise of this Option, this Option shall terminate without any liability incurred by Grantee, Grantee's assigns, successors, administrators, executors, officers, agents, employees, or any and all of Grantee's predecessors in inte- rest of this Option, if any. 15. GRANTOR UNABLE TO CLOSE SALE. If Grantor fails to close on the sale of the Real Estate for any reason, Grantor shall pay Grantee and its assigns, and all of Grantee's predecessors in inte- rest of this Option, if any, all costs incurred, including costs incurred in the arrangement of the rehabilitation and financing for the sale of the Real Estate. 16. INDEMNITY. Grantor shall indemnify and hold Grantee, its officers, agents, employees, successors, assigns, executors and administrators, and any and all of Grantee's predecessors in interest of this Option, if any, harmless from any and all claims, damages, losses, expenses, costs and attorney fees, as a result of, arising out of, or relating to the performance by Grantee under this Option. 17. TAXES. At closing, Grantor shall be responsible for and pay all real estate taxes upon the subject Real Estate to be pro- rated as of the Date of Closing. - 8- 15. SUCCESSORS. The parties agree and fully understand that this Option shall be binding upon the parties, their heirs, successors, assigns, executors and administrators. 19. ENTIRE AGREEMENT. This Option contains and constitutes the entire agreement of the parties regarding the subject matter hereof, and there are no other agreements, written or oral, between the parties affecting the subject matter hereof. No amendment of this Option shall be effective unless the same is made in writing and signed by the parties hereto. 20. THIRD PARTY. This Option creates no rights in any party, except Grantor and Grantee. 21. DETERMINATIONS) FINDINGS AND CONCLUSIONS. Ail determina- tions, findings and conclusions made by Grantee under this Option shall be made in the sole and absolute discretion of Grantee) and Grantor shall have no rights, claims or causes of action against Grantee, its officers, agents, employees, successors, assigns, exe- cutors and administrators, and any and all of Grantee's predecessors in interest of this Option, if any, for Grantee's determinations, findings and conclusions. 22. NOTICES. Notice of exercise of this Option shall be given in the form attached as Exhibit B and in the manner set forth in this Option. All other notices, requests or other correspondence relating to this Option shall be sent by certified mail, postage prepaid, by each party to the other party hereto at the addresses specified below or at such other address as a party may by written notice give as the - 7 - address to which such future notices, requests and correspondence shall be sent hereunder: GRANTOR: Raymond L. Gilmore Irene L. Gilmore 3501 Harvest Lane N. ~. Roanoke, Virginia 24017 GRANTEE: W. Robert Herbert, City Manager City of Roanoke 364 Municipal Building Roanoke, Virginia 24011 w/copy to: Ronald H. Miller, Building Commissioner/ Zoning Administrator, City of Roanoke Room 170, Municipal Building Roanoke, Virginia 24011 23. CONSTRUCTION. The interpretation, construction, and performance of this Option shall be governed by the laws of the Commonwealth of Virginia. All headings of sections of this Option are inserted for convenience only, and do not form part of this Option or limit, expand, or otherwise alter the meaning of any provisions hereof. Ibis Option shall be executed in duplicate, each of which shall be deemed to be an original. This Option shall be construed without regard to any presumption or rule requiring construction against the party causing the Option to be drafted. 24. RECORDING. This Option shall be recorded in the land records of the Office of the Clerk of the Circuit Court of the City of Roanoke. EXECUTED and DELIVERED by Grantor and accepted by Grantee as of this 25th day of February , 1990 . GRANTOR: (SEAL) ~/'~-~..~ ( S E A L ) -8- ATTEST: Mary F. Parker, City Clerk GRANTEE: CITY OF ROANOKE, VIRGINIA By. Robert Herbert, City Manager COMMONWEALTH OF VIRGINIA ) To-wit: City ot Roanoke ) I hereby certify that the foregoing Real Estate Option Agree- ment was acknowledged before me by Raymond L. Gilmore and Irene L Gilmore , this 23 day of February My Commission expires: 3anuary 29, 1993 , 1990. COMMON~VEALTH OF VIRGINIA ) CITY OF ROANOKE ) To-wit: I hereby certify that the foregoing Real Estate Option Agreement was acknowledged before me by W. ROBERT HERBERT and MARY F. PARKER, City Manager and City Clerk, respectively, of the CITY OF ROANOKE, VIRGINIA, on behalf of that municipal corporation, this __ day of , 1990. My Commission expires: Notary Public - 9- Approved as to CDBG Eligibility Finance Building Commissioner Director of Public Works Approved as to Form Approved as to Execution ~ ss ~ss .t REAL ESTATE OPTION THIS REAL ESTATE OPTION (hereinafter referred to as "Option"), made this 6th day of March , /990, by and between Harold Gray Bradshaw (hereinafter referred to as "Grantor"), and the CITY OF ROANOKE, VIRGINIA (hereinafter referred to as "Grantee"). ~ I T N E SSi T H: i. GRANT OF OPTION. For and in consideration of One Dollars ($ 1.00 ), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor gives and grants to Grantee, its successors and assigns, the exclusive, assignable and irrevocable right and option to purchase the property, more particularly described in Section No. 2 of this Option, together with all easements, rights and appurtenances attached thereto, and all improvements thereon (hereinafter referred to as "Real Estate"). By giving and granting this Option to Grantee, Grantor certifies that Grantor, and only Grantor, owns the Real Estate in fee simple. follows: DESCRIPTION OF REAL ESTATE. The Real Estate is described as 1#33 Gladstone Avenue SE. A parcel in the City of Roanoke, Virginia, City of Roanoke Official Tax No. #230308 , and City of Roanoke Official Tax No. #230307, consisting of approximately 0.55 acres, more particularly described on the map attached hereto, labeled Exhibit A, and incorporated by reference herein, together with all easements, rights of way, water rights, appurtenances and improvements thereto belonging, the legal description for ~vhich is Lot $ and Lot 7, Block 3~ ~averly. 3. TERM OF OPT[ON. This Option shall commence on the date and at the time of execution of this Option by Grantor and Grantee. This Option shal! expire at 1~:59 p.m.~ on 3uly 6 ~ 1990~ unless earlier exercised or terminated by Grantee. 4. EXERCISE OF OPTION. This Option shall be deemed validly and effectively exercised if notice of the exercise hereof is either sent by certified mail to Grantor at Harold Gray l~radshaw PO Box 6I $cotts NC 28699 , or delivered in person to Grantor~ on or before the expiration date and time of this Option. Notice of such exercise which is given by certified mail shall be deemed effective when depo- sited in the mail as aforesaid. For the period that this Option is effective~ neither Grantor nor Grantor's employees~ agents, tenants or representatives shall use or alter the Rea] Estate in a manner which would adversely affect its use by Grantee~ and Grantor shall not sell, encumber, or otherwise transfer or dispose of the Rea] Estate to any other party. The exercise of this Option shall result in Grantor selling and conveying the Real Estate to Grantee, and Grantee purchas- ing and accepting the Real Estate from Grantor~ for the amount of the Purchase Pricey subject to the terms and conditions contained in this Option. Grantee reserves for it and its successors and assigns the right to terminate this Option at any time for cause or no cause at all~ either before or after the assignment of this Option. 5. FAILURE TO EXERCISE OPTION. If Grantee does not exercise this Optio% Grantor shall have no rights or claims against Grantee. 6. INSURANCE. Upon execution of this Option, Grantor shall maintain general liability insurance on the rea] estate during the - 2 - term of this Option, or any extension of said term, in an amount of $300~000 , and shall supply Grantee with a Certificate of [nsurance~ demonstrating that Grantee is a named insured on the policy of general liability insurance. 7. RIGHT OF ENTRY AND MARKETING OF REAL ESTATE. After the execution of this Option by Grantor and Grantee, and either before or after the exercise of this Option by Grantee, Grantee, or its agents or employees, may enter upon the Real Estate and perform all sur- veying, engineering, soil borings, appraisals, estimates of repairs and other tests and acts deemed necessary by Grantee to satisfy Grantee that the Real Estate is suitable for the uses and purposes intended by Grantee and is suitable for the Home Purchase Assistance Program (hereinafter referred to as the "Program"). All such tests and acts shall be performed at reasonable hours and at Grantee's cost and expense. In addition, Grantee shall be entitled to publicize the Real Estate for saJe~ endeavor to identify a purchaser for the Real Estate, place a "For Sale" sign on the Real Estate~ show the property to prospective purchasers, and take other reasonable and appropriate action deemed necessary by the Grantee to sell the Real Estate. Under no circumstances shall this section create any rights in the Grantor or impose any obligations upon the Grantee. 8. REAL ESTATE MAINTENANCE. Grantor shall maintain the Real Estate and adjoining sidewalks and walkways in a safe and attractive manner during the term of this Option, and in the event of the exer- cise of this Option, until the date of closing. - 3- 9. RISK OF LOSS. Grantor shall bear any risk of loss of the Real Estate during the term of this Option, or, in the event of the exercise of this Option, until the date of closing. 10. ASSIGNMENT. Grantee may assign this Option by written noti- fication to Grantor. Grantor shall not assign this Option, unless approved in writing by Grantee, and Grantee's approval of such an assignment may be withheld for any reason or no reason at ali. If the Grantor assigns this Option, all references in this Option to the Grantor shah apply to the assignee. If the Grantee assigns this Option, all references in this Option to the Grantee shah apply to the assignee. In the event of an assignment by either the Grantor or the Grantee, no claim may be asserted against the assignor based upon, arising out of, or related to this Option. 11. PURCHASE PRICE. The purchase price for the Real Estate shall be Nineteen-Thousand Four-Hundred and NO/100 DOLLARS ($19,400.00 ). 12. PAYMENT OF PURCHASE PRICE. The purchase price for the Real Estate shall be payabte at dosing. 13. CLOSING. If this Option is exercised, closing of the sale of the Real Estate shall be held within sixty (60) days of the date on which Grantor receives notice of Grantee's exercise of this Option, or as soon thereafter as may be practically possible. Closing shall be held in Room 170, Municipal Building, 213 Church Avenue, Roanoke, Virginia, or at some other location selected by the City and mutually satisfactory to the parties. At closing, Grantor shall execute, acknowledge, and deliver to Grantee, a general warranty deed, with modern English covenants of title, in form satisfactory and acceptable to the Grantee, conveying the Real Estate to Grantee, free and clear of all liens, tenancies, encumbrances, material defects, and exceptions, other than current taxes, and any other matters that may have been approved by Grantee in ~vriting after examination of title. Said deed shall be prepared at Grantor's expense. Grantor shall pay grantor's tax, and all documentary, transfer, and excise taxes imposed upon that conveyance. Grantor shall execute and deliver a non-foreign affidavit to Grantee at closing in the form required by Section 1445 of the Internal Revenue Code; otherwise, Grantee will withhold a portion of the Purchase Price and remit the same to the Internal Revenue Services for the account of Grantor as required by law. Grantor also shall execute, acknowledge, and deliver any of the instruments, documents, and assurances required or requested by Grantee or a title insurance company in order to con- summate this transaction and effect the conveyance of the Rea] Estate to Grantee as herein provided, including, without limitation, a ven- dor's affidavit in form satisfactory and acceptable to Grantee's coun- sel. Possession of the Real Estate shall be delivered to Grantee at the closing, in the same condition as it now is, ordinary wear and tear only excepted, free and clear of the rights or claims of any other party. All warranties and representations of Grantor, and any covenants and obligations of Grantor hereunder which remain unper- formed upon closing, shall survive the closing. - 5- 1#. GRANTEE UNABLE TO CLOSE SALE. The terms of this Option notwithstanding, should Grantee be unable or unwilling for any reason to close on the sale of the Rea] Estate, including being determined ineligible for the Home Purchase Assistance Program by the Virginia Housing Development Authority, after the exercise of this Option, this Option shall terminate without any liability incurred by Grantee, Grantee's assigns, successors, administrators, executors, officers, agents, employees, or any and all of Grantee's predecessors in inte- rest of this Option, if any. 15. GRANTOR UNABLE TO CLOSE SALE. If Grantor fails to close on the sale of the Real Estate for any reason, Grantor shall pay Grantee and its assigns, and all of Grantee's predecessors in inte- rest of this Option, if any, all costs incurred, including costs incurred in the arrangement of the rehabilitation and financing for the sale of the Real Estate. 16. INDEMNITY. Grantor shall indemnify and hold Grantee, its officers, agents, employees, successors, assigns, executors and administrators, and any and all of Grantee's predecessors in interest of this Option, if any, harmless from any and all claims, damages, losses, expenses, costs and attorney fees~ as a result of, arising out of, or relating to the performance by Grantee under this Option. 17. TAXES. At closing, Grantor shall be responsible for and pay all real estate taxes upon the subject Real Estate to be pro- rated as of the Date of Closing. -6- 18. SUCCESSORS. The parties agree and fully understand that this Option shall be binding upon the parties, their heirs~ successors, assigns, executors and administrators. 19. ENTIRE AGREEMENT. This Option contains and constitutes the entire agreement of the parties regarding the subject matter hereof, and there are no other agreements~ written or oral, between the parties affecting the subject matter hereof. No amendment of this Option shall be effective unless the same is made in writing and signed by the parties hereto. 20. THIRD PARTY. This Option creates no rights in any party, except Grantor and Grantee. 21. DETERMINATIONS~ FINDINGS AND CONCLUSIONS. All determina- tions, findings and conclusions made by Grantee under this Option shall be made in the sole and absolute discretion of Grantee, and Grantor shall have no rights, claims or causes of action against Grantee, its officers, agents, employees~ successors, assigns, exe- cutors and administrators, and any and all of Grantee's predecessors in interest of this Option, if any, for Grantee's determinations, findings and conclusions. 22. NOTICES. Notice of exercise of this Option shall be given in the form attached as Exhibit B and in the manner set forth in this Option. All other notices, requests or other correspondence relating to this Option shall be sent by certified mail, postage prepaid, by each party to the other party hereto at the addresses specified below or at such other address as a party may by written notice give as the - 7- address to which such future notices, shall be sent hereunder: GRANTOR: requests and correspondence Harold Gray Bradshaw PO Box 61 Scotts NC 28699 GRANTEE: ~. Robert Herbert, City Manager City of Roanoke 36t~ Municipal Building Roanoke, Virginia 2t~011 w/copy to: Ronald H. Miller, Building Commissioner/ Zoning Administrator~ City of Roanoke Room 170, Municipal BuiJding Roanoke, Virginia 2#011 23. CONSTRUCTION. ]'he interpretation, construction, and performance of this Option shall be governed by the laws of the Commonwealth of Virginia. All headings of sections of this Option are inserted for convenience only, and do not form part of this Option or limit, expand, or otherwise alter the meaning of any provisions hereof. This Option shall be executed in duplicate, each of which shall be deemed to be an original. This Option shal! be construed without regard to any presumption or rule requiring construction against the party causing the Option to be drafted. 24. RECORDING. This Option shall be recorded in the land records of the Office of the Clerk o~ the Circuit Court of the City of Roanoke. EXECUTED and DELIVERED by Grantor and accepted by Grantee as of this 6th day of March , 1990 . GRANTOR: (SEAL) - $ - ATTEST: GRANTEE: CITY OF ROANOKE, VIRGINIA Mary F. Parker) City Clerk By W. Robert Herbert~ City Manager STATS 0~: NORTH CAqOEINA ) ) To-wit: I hereby certify that the foregoing Real Estate Option Agree- ment was acknowledged before me by ~ct-cl ~ {~ vo ~, %,. I i;_~¥C,.c~>~c,r,~! , this ~. day o~ ),h,.~cY~ , 1990. My Commission expires: Nckary Public COMMONWEALTH OF VIRGIN~[A ) To-wit: CITY OF ROANOKE ) I hereby certify that the foregoing Real Estate Option Agreement was acknowledged before me by W. ROBERT HERBERT and MARY F. PARKER, City Manager and City Clerk, respectively, of the CITY OF ROANOKE, VIRGINIA, on behal~ of that municipal corporation, this day of , 1990. My Commission expires: Notary Public - 9- Approved as to CDBG Eligibility Building Commissioner Finance Director o! PubLic Works Approved as to Form Approved as to Execution ! ; ¥! // Office of the City Clerk ~arch 21, 1990 File #27 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 29975-31990 approving issuance of Change Order No. 2, in the amount of $84,868.48, to the City's contract with Aaron J. Conner, General Contractor, Inc., for the Williamson Road Storm Drain Project, Phase Contract I-F, for a total contract amount, including Change Order No. 2 of $928,815.91. Ordinance No. 29975-31990 was adopted by the Council of the City of Roanoke at a regular meeting held Monday, March 19, 1990. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Eno, pc: Mr. S. Jack Conner, President, S. J. Conner ~ Sons, 1507 22nd Street, N. E., Roanoke, Virginia 24012 Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Ms. ~arah E. Fitton, Construction Cost Technician Hr. Kit B. Kiser, Director of Utilities and Operations Room~,56 Municipall~uilding 215Chu~ch Avenue, S W Roanoke, Virginia 24011 (703)98t 2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 1990. No. 29975-31990. AN ORDINANCE approv±ng the City ~anager's issuance of Change Order No. 2 to the City's contract w±th Aaron J. Conner, General Contractor, Inc., for the Williamson Road Storm Drain Project, Phase II Contract I-F; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City ~anager or Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 2 to the City's contract with Aaron J. Conner, General Contractor, Inc., related to the Williamson Road Storm Drain Project, Phase II Contract I-F, as more particularly set forth in report to this Council dated March 19, 1990. 2. Such Change Order shall provide for the following changes in said contract amounts: Contract I-F: CHANGE ORDER NO. 2 - Correction and repair foundation for intersection and existing utilities contained in intersection C(~VI~CT A~OUNT INCLUDING CRANGE ORDER NO. 2 $ 843,947.43 + $ 84,868.48 $ 928,815.91 Additional calendar days resulting from Change Order No. 1 None. municipal ordinance In order to provide for the usual daily operation of the government, an emergency is deemed to exist, and this shall be in full force and effect upon its passage. ATTEST: City Clerk. Office of the City Clerk ~arch 21, 1990 File #60-27 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 29974-31990 amending and reordaining certain sections of the 1989-90 Capital Fund Appropriations, providing for the transfer of $84,869.00 from Williamson Road Storm Drain, Phase 2, Contract I-G, to Williamson Road Storm Drain, Phase 2, Contract I-F, in connection with Change Order No. 2 to the contract with Aaron J. Conner, General Contractor, Inc., for construction of the Williamson Road Storm Drain Project, Phase 2, Contract I-F. Ordinance No. 29974-31990 was adopted by meeting held on the Council of the City of Roanoke at a regular Monday, March 19, 1990. Sincerely, ' ,14ary F. Parker, CMC/~iAE City Clerk MFP:ra Enc. pc: Mr. Mr. Mr. ~s. Mr. Ms. ~anagement W. Robert Herbert, City Manager William F. Clark, Director of Public Works Charles M. Huffine, City Engineer Sarah E. Fitton, Construction Cost Technician Kit B. Kiser, Director of Utilities and Operations Arcelia B. Haston, Junior Accountant, Office and Budget of Room456 MunicipalBuilding 215Church Avenue, 5 W Roanoke, Virginia 24011 (703)981 2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of March, 1990. No. 29974-31990. AN ORDINANCE to amend and reordain certain sections of the 1989-90 Capital Fund Appropriations, and providing for an emergency. WHEREAS, for Government of the exist. THEREFORE, the usual daily operation of the Municipal City of Roanoke, an emergency is declared to BE IT ORDAINED by Roanoke that certain sections of the Appropriations, be, and the same are reordained to read as follows, in part: the Council of the City of 1989-90 Capital Fund hereby, amended and Appropriations Sanitation Williamson Road Storm Drain, Williamson Road Storm Drain, $ 8,520,213 Ph. 2, Cont. I-G ..... 593,832 Ph. 2, Cont. I-F ..... 890,661 1) Appropriations from General Revenue 2) Appropriations from General Revenue (008-052-9639-9003) (008-052-9635-9003 $(84,869) 84,869 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this city Clerk. Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Change Order No. 2 Williamson Road Storm Drain Phase 2, Contract I-F Roanoke, Virginia March 19, 1990 I. Back~round: Council was notified by report dated November 13, 1989, that a large underground cavity was encountered at the intersection of Broad Street and Richland Avenue, N.W. during the construction of the referenced project by Aaron J. Conner, General Contractor, Inc. A copy of that report is attached for reference. Contractor was instructed to proceed with the necessary corrections and repairs to secure a proper foundation for the intersection and the existing utilities contained within the intersection. Estimated cost for this work could not be clearly defined at the time until the area was excavated and the extent of the cavity and damage to existing utilities was more clearly defined. D. Necessary repairs were more extensive than originally esti- mated due to the following factors: 1. Cavity was discovered to be unpredictably larger and deeper as excavation proceeded. Existing underground utilities within the intersection had lost their foundation support and were settling and beginning to break up or rupture. This included sewer lines, manhole structures, storm drain lines, and a major waterline. Utilities could not be relocated and could only be sta- bilized by a network of steel piling driven to solid rock. A solid foundation for the utilities was thereby achieved and the remaining cavity was backfilled with suitable material. Page 2 II. Current Situation: A. Contractor has completed this repair work at a final total cost of $84,868.48. Adjustment to the contract amount for the Williamson Road Storm Drain, Phase 2, Contract I-F, needs to be made in the form of properly executed Change Order No. 2 in order to reflect these repairs and pay the contractor for the extra work performed. III. Issues in order of importance: A. Compliance with requirements of the contract documents. B. Engineering concerns. C. Funding. IV. Alternatives are: Authorize the City Manager to execute Change Order No. Williamson Road Storm Drain, Phase 2, Contract I-F to increase the current contract amount of $843~947.43 by $84~868.48 and establish a new contract amount of $928~815.91. 2 for Compliance with the requirements of the contract docu- ments, Paragraph 16 - Unexpected Conditions and Paragraph 20 - Change Order(s), of the General Conditions, was met. Engineering concerns regarding proper and adequate sta- bilization and foundation support within the Broad Street/Richland Avenue intersection have been met. 3. Fundin~ is available in the Williamson Road Storm Drain, Phase 2, Contract I-G contingency account. B. Do not authorize the City Manager to execute Change Order No. 2 for Williamson Road Storm Drain, Phase 2, Contract I-F. Compliance with requirements of the contract documents would be met only by using other means of paying the contractor for extra work performed in good faith. Engineering concerns would not be an issue but a means of adjusting the contract amount to reflect the repairs would not be provided. Page 3 WRH/ES/mm Attachment: ce: Fundin~ necessary to pay contractor for extra work per- formed in good faith would be required from other sources. V. Recommendation is that City Council take the following action: Authorize the City Manager to execute Change Order No. 2 for Williamson Road Storm Drain, Phase 2, Contract I-F to increase the current contract amount of $843,947.43 by $84~868.48 and establish a new contract amount of ~928~815.91. Authorize the Director of Finance to transfer from Williamson Road Storm Drain, Phase 2, Contract I-G, con- tingency account number 008-052-9639-9003, the sum of $84~868.48 to Williamson Road Storm Drain, Phase 2, Contract I-F, account number 008-052-9635-9065. Respectfully submitted, W. Robert Herbert City Manager Letter to Council, dated November 13, 1989 City Attorney Director of Finance Director of Public Works Director of Utilities & Operations City Engineer Construction Cost Technician ROANOKE, VA 24011 Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Underground Cavity Intersection of Broad Street and Richland Avenue, N.W. Dear Mayor and Members of Council: The background of this situation is as follows: The Williamson Road Storm Drain, Phase 2, Contract l-F, Right Segment, has now progressed to the intersection of Broad Street and Richland Avenue. Excavation for the proposed storm drain has uncovered a rather large underground cavity at this location. (See the attached map.) Further investisation revealed that an old sewer line, approximately four- teen (14') feet deep and below the flow llne of the proposed storm drain was broken and separated thereby allowing free discharge to escape from the sewer line into the ground. Over an extended period of time, this defect has apparently caused the erosion and continual widening of the underground cavity in this area. Aaron J. Conner~ General Contractor~ Inc., was forced to shut down equipment and operations in this intersection until a decision was made relative to correcting the situation. Engineerin2 Department instructed the contractor to proceed with making the necessary corrections. The cost for these repairs will exceed ~10~000.00 and will be executed as a change order on Phase 2, Contract I-F, Right Segment. Description of proposed method of correction is as follows: 1. EXCavate and replace the defective sewer line through the area. 2. Drive an exploratory pile on-line with the sewer line and proposed storm drain to determine if more piling is necessary in order to secure an adequate foundation for both the sewer and storm drain. Room 364 Mun~apoI Building 215 Church Avenue SW P.4:)anoke, Virg,nia 24011 (703) 981-2333 Page 2 3. If necessary, drive additional piling below the pipe inverts and bridge the defective area with a reinforced concrete cap to support the pipes. 4. Confirm the extent of the cavity and backfill with suitable material to the appropriate grades. All work prior to and during the course of repairs shall be carefully documented by photographs and by an itemized account of materials, labor, and equipment both by the contractor and a representative of the City of Roanoke. Estimated cost for this work cannot be clearly defined until the excavation has been made and the sub-surface foundation investigated further. Previous experience with similar areas indicates that the cost could be between $32~000.00 to $38~000.00. A full report with documentation will be presented to Council upon completion of this work. Respectfully submitted, W. Robert Herbert City Manager WRH/ES/mm Attachment City Attorney Director of Finance Director of Public Works Manager, Utility Line Services Manager, Street Maintenance City Engineer Constr~ctton Coat Technician Aaron J. Conner, General Contractor, Inc. _! '1 I Office of the City Clerk ~arch 21, 1990 File #77-511 ~r. W. Robert Herbert City Manager Roanoke, Virginia Dear ,~r. Herbert: I am attaching copy of Ordinance No. 29977-31990 approving issuance of Amendment Nos. 3 and 4 to the City's contract with Mattern & Craig, Consulting Engineers, for services performed in connection with the Widening and Realignment of Second Street/Gainsboro Road and Wells Avenue, N. ~., the cost of such additional services not to exceed $79,512.13 and $86,620.55, respectively, with the total contract amount not to exceed $1,538.047.14. Ordinance No. 29977-31990 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, ~arch 19, 1990. ~incerely, Nary F. Parker, CMC/AAE City Clerk MFP:ra En¢ o pc: ,~attern & Craig Consulting Engineers, 701 First Street, S. W., Roanoke, Virginia 24011 ~r. William F. Clark, Director of Public Works Mr. Charles ~. Huffine, City Engineer Room456 MunicipalBuilding 215Ct~urch Ave~u~.S W Roanoke. virginia 24011 (103)981 2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 1990. No. 29977-31990. AN ORDINANCE approving the City Manager's issuance of Amendment Nos. 3 and 4 to the City's contract with ~attern & Craig, Consulting Engineers, for services performed in connection with the Widening and Realignment of Second Street/Gainsboro Road and Wells Avenue; and pro- viding for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Amendment Nos. 3 and 4 to the City's contract with Mattern & Craig, Consulting Engineers, dated January 26, 1988, in order to prepare complete construction plans for "Widening and Realignment of Second Street/Gainsboro Road and Wells Avenue". 2. Such Amendment Nos. 3 and 4 shall provide for the services set forth in the City Manager's report to Council ~ated March 19, 1990, and the cost of those additional services shall not exceed $79,512.13 and $86,620.55, respectively, with the total contract amount not to exceed $1,538,047.14. 3. 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 March 21, 1990 File #60-77-511 Mr. Joel ~. Schlanger Director of Finance Roanoke, Virginia Dear ~r. Schlanger: I am attaching copy of Ordinance No. 29976-31990 amending and reordaining certain sections of the 1989-90 Capital Fund Appropriations, providing for the appropriation of $456,193.00 representing the Starers share of ~mendment Nos. 2 and 4, in con- nection with widening and realignment of Second Street/Gainsboro Road and Wells Avenue, N. ~. Ordinance No. 29976-31990 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, ,March 19, 1990. 5incerely, ~ ~ary F. Parker, CMC/AAE City Clerk MFP:ra Eric o pc: Mr. W. Robert Herbert, City Manager ~r. William F. Clark, Director of Public Works Mr. Charles ~. Huffine, City Engineer Ms. ~rcelia B. Haston, Junior Accountant, Management and Budget Office of Room456 MunicipalBuilding 215Church Avenue,$ W Hoanoke. Vi[ginia 2~0~1 {703)98t 2541 the 1989-90 Capital emergency. WHEREAS, for Government of the exist. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of March, 1990. No. 29976-31990. AN ORDINANCE to amend and reordain certain sections of Fund Appropriations, and providing for an 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 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Streets and Bridges 2nd Street/Gainsboro Road/Wells Ave. (1) ........... Revenue Accounts Receivable Due from State - VDOT 2nd ~t.(2). Revenue - Due from State - VDOT 2nd St. (3) .......... 1) Appr. from State (008-052-9547-9007) $456,193 2) Rec. Due from State (008-1233) 456,193 3) Rev. Due from State (008-008-1234-1065) 456,193 $ 5,012,704 1,676,643 1,060,820 1,317,275 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Honorable Mayor and Members of City Council Roanoke, Virginia Roanoke, Virginia March 19, 1990 Dear Members of Council: Subject: Request for authorization to execute Amendments 3 and 4 for engineering services to prepare complete construction plans for "Widening and Realignment of Second Street/Gainsboro Road and Wells Avenue" I. Backsround: On April 13~ 1987 City Council requested the Virginia Department of Transportation (VDOT) to program projects for roadway widening and realignment to include: 1. Wells Avenue, N.W. from Williamson Road to First St.,NW. First Street/Gainsboro Road from Madison Avenue, N.W. N.W. to Salem Avenue, S.W. and Intersection of Orange Avenue and Gainsboro Road. Redevelopment of the Henry Street Area and improved access to downtown Roanoke required that a more expeditious method be found to proceed with improvements on First Street/ Gainsboro Road and Wells Avenue. On July 27~ 1987 City Council authorized agreements with the VDOT by which the City assumes responsibility for adminis- tering all aspects of the First Street/Gainsboro Road and Wells Avenue projects. Preliminary engineering phase would be generally handled on the normal 95%-VDOT and 5%-City cost- sharing basis. On December 21~ 1987 City Council awarded an engineering ser- vices reimbursement with a cost ceiling contract to Mattern & Craig, Consulting Engineers, in an amount not to exceed $1~002~342.24 and appropriated $50~117.00 for payment of invoices from the VDOT for the City's five percent share of this contract. Scope of Work to be performed by Mattern & Craig consists of the preparation of complete surveys, right-of-way and construction plans and plats, utilities, signs, signals, pavement markings, lighting and landscaping plans, struc- tures, traffic data, environmental assessment, geological borings and testing, construction administration, and inspec- tion of construction. Page 2 Amendment Number 1 to this contract, dated December 12, 1988, decreased the cost ceiling by $21,586.23 to $980~756.01. This did not involve any change in the scope of the work, but rather reflected disallowed project costs as determined in an audit by VDOT's Fiscal Division. RTKL study results for the Downtown North Development Plan, released at May 11, 1989 press conference, included a recom- mendation to construct a four-lane Second Street bridge instead of a four-lane First Street bridge. The Second Street corridor provides a clearer and more well-defined west circumferential route than First Street (see attached map). The study also suggests realigning Wells Avenue such that it connects with Gilmer Avenue to provide better overall acces- sibility (Alt. 2 on attached map). Existing Gilmer Avenue continues to the west to major north-south crossings such as 5th Street and 10th Street while Wells Avenue currently ends west of First Street. Amendment Number 2 to this contract, approved by City Council on June 12, 1989 (Ordinance No. 29611), provided an increase of up to $481~405.09 for a total not to exceed $1~462~161.10 with the understanding that the cost ceiling was subject to change based upon subsequent refinement and VDOT review. The new figure was changed to $391~158.46, for a new total not to exceed $1~371~914.47. Funds for the increased State share were not appropriated at that time, awaiting VDOT review. This additional fee reflects the services for additional sur- vey and design efforts to develop plans for the project beginning in the vicinity of Salem Avenue and Second Street, S.W. instead of beginning at Salem Avenue and First Street, S.W. and connecting First Street, N.W. in the vicinity of Gilmer Avenue. It does not include services for design plans to raise one span of First Street Bridge, which was origi- nally included in Amendment No. 2. Total costs invoiced by Mattern & Craig for this project through November 25, 1989 include $409~497.59 for Second Street/Gainsboro Road and $26~852.96 for Wells Avenue. Tasks accomplished include aerial photography, base mapping, sur- veying, traffic data, collection and analysis, roadway design and intersection plan design for Gainsboro Road at Orange Avenue. The City's five percent share of these costs is $21~817.53. II. Current situation: Timetable for completing the Second Street/Gainsboro Road project must be compressed to enable completion by our goal of January 1, 1992. Page 3 Amendment Number 3 is a direct result of the need to compress the schedule. Additional engineering services would include overtime and an additional public hearing to compress the schedule by six (6) months. Amendment Number 4 is also needed to address additional pro- ject design considerations. This includes survey and design to provide storm drainage along Gilmer Avenue from Jefferson Street to Lick Run, and additional survey and design to extend the project 200 feet south through the Salem Avenue intersection. III. Issues: A. Reasonableness of fee B. Fundin~ C. Schedule IV. Alternatives are: Authorize Amendments Number 3 & Number 4 of the engineering contract with Mattern & Craig, Consulting Engineers to pre- pare complete construction plans for "Widening and Realign- ment of Second Street/Gainsboro Road and Wells Avenue" to provide increases of $79~512.13 and $86~620.55, respect- ively, for a total not to exceed $1~538~047.14. Reasonableness of fee has been established through "cost ceiling". Mattern & Craig has reset a total cost ceiling in their amendment proposal of $1~538~047.14. The additional $79~512.13 (see attached fee proposal A) includes all engineering services listed in the scope of work to be accomplished in a compressed time period which necessitates overtime and an additional public hearing. The additional $86~620.55 (see attached fee proposal B) includes additional survey and design for drainage and roadway considerations. Fundin~ for the City's share has been previously appro- priated from the Streets and Bridges category of the 1988 Bond Series in account number 008-052-9547-9001. City share is 100% City cost for the $79~512.13 in Amendment No. 3, inasmuch as it is the City's desire to compress the schedule. City share is 5% City cost for the $86~620.55 in Amendment No. 4. Additional funding of $456~193.00 needs to be appropriated for the State share of Amendments Number 2 and 4. 3. Schedule for Mattern & Craig to proceed with work on compressed schedule would take effect immediately. Page 4 B. Do not authorize the amendment of the engineering services contract with Mattern & Craig, Consulting Engineers. 1. Reasonableness of fee is not an issue. Existing contract fee remains in effect. 2. Fundtn~ for existing contract has previously been appropriated. Schedule for existing contract would continue toward a completion date of July 1, 1992. Recommendation is that City Council: (1) authorize Amendments Number 3 and Number 4 of the engineering services contract with Mattern & Craig, P.C., Consulting Engineers to prepare complete construction plans for "Widening and Realignment of Second Street/Gainsboro Road and Wells Avenue" to provide increases of $79~512.13 and $86~620.55, respectively, for a total amount not to exceed $1~538~047.14, and (2) appropriate $456~193.00 for the State share of Amendments Number 2 and 4 to account number 008-052-9547-9007. City's share of project ($153~439.00) has already been appropriated as a result of previous Council action on this project. Respectfully submitted, W. Robert Herbert City Manager WRH/RKB/mm Attachment cc: Director of Finance City Attorney Director of Public Works City Engineer O~ANGE AVENUE' 460 ~ADISON AVENUE LEGEND CHURCH ~ SCHOOL LIBRARY PARK NORFOLK ~ W~$TERN nd ST., S.W./ GAINSBORO RD.\ ~,': E NUE AVENUE AVENUE ~ , -- WELLS ~ AVENUE ,wENUE THE PROPOSED ACTION FEE PROPOSAL ATTACHMENT A MATTERN & CRAIG Widening and Realignment of Second Street/Gainsboro Road and Wells Avenue Project U000-128-116, PE-101, RW-201, C-501, B-610 Project U000-128-117, PE-101, RW-201, C-501 COST PLUS FIXED FEE CONTRACT (Computation of Fee) A. DIRECT LABOR, ESTIMATED - $ 25,736.80 B. ESCALATION 25,736.80 x 0.0425 . $ 1,093.81 C. TOTAL DIRECT LABOR (A + B) - $ 26,830.61 D. PAYROLL BURDEN & GENERAL ADMINISTRATIVE OVERHEAD 26,830.61 x 1.46 $ 39,172.69 E. FEE BASE (C + D) $ 66,003.30 F. NET FEE (0.1250) (E) - $ 8,250.41 G. NONSALARY DIRECT COSTS, ESTIMATED . $ 1,865.00 H. TOTAL ESTIMATED COSTS (E + F + G) . $ 76,118.71 I. CONTINGENCY (E + G) 67,868.30 X 0.05 - $ 3,393.42 J. LIMITING FEE (MAXIMUM TOTAL CDMP£NSATION) (H + I) - $ 79,512.13 AI'~'ACHMENq'~) KATTERN & CRAIG Project U000-128-116, PE-101, RW-201, C-501 SECOND STREET/GAINSBORO ROAD, CITY ROANOKE COST PLUS FIXED FEE CONTRACT (Computation of Fee) A. DIRECT LABOR, ESTI/~ATED Cateaorv Rate Hours Total Principal $ 26.29 24 Senior Engineer 20.72 192 Engineer 16.66 128 Technician/Draftsman 11.55 300 Clerical 7.78 8 Inspector 12.68- 240 4-Man Fie)d Crew 40.03 126 TOTAL -. 1,018 B. ESCALATION 18,355.90 X 0.0425 C. TOTAL DIRECT LABOR (A · B) D. PAYROLL BURDEN & GENERAL ADMINISTRATIVE OVERHEAD E. FEE BASE (C + D) F. NET FEE (0.1250) (E) G. NONSALARY DIRECT COSTS, ESTI#ATED H. *SUBCONSULTANT FEES I. TOTAL ESTIiIATED COSTS (E + F + G + H) J. CONTINGENCY 49,585.38 X 0.05 K. LIMITING FEE {MAXIMUM TOTAL CONPENSATION) (I + J) 19,136.03 X 1.46 $ 630.96 3,978.24 2,132.48 3,465.00 62.24 3,043.20 5.043.78 $18,355.90 $ 780.13 - $19,136.03 $27,938.60 $47,074.63 $ 5,884.33 $ 2,510.75 $28,671.57 $84,141.28 $ 2,479.27 - $86,620.55 *Includes $27,786.57 subconsultant fee for E. W. Finley & Partners, Inc. Includes $ 885.00 subconsultant fee for Air Survey Corp. of Virginia Office of the City Clerk ~arch 21, 1990 File #301-472 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 29979-31990 accepting the bid of IBM Corporation for one computer disk drive, in the total amount of $49,560.00. Ordinance No. 29979-31990 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, ~arch 19, 1990. Sincerely, ~ ,~4ary F. Parker, C~C/~AE City Clerk MFP:ra Enc. pc: ~r. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director of ~dministration and Public Safety Mr. D. Darwin Roupe, ~anager, General Services ~r. Archie W. Harrington, ~anager, City Information Systems Ms. Arcelia B. Haston, Junior Accountant, Office of ~anagement and Budget Office of the City Clerk March 21, 1990 File #301-472 ~s. Rebecca S. Perdue Advisory Systems Engineer IBM Corporation P. 0. Box 301 Roanoke, Virginia 24002 Dear Ms. Perdue: I am enclosing copy of Ordinance No. 29979-31990 accepting the bid of IB~ Corporation for one computer disk drive, in the total amount of $49,560.00. Ordinance No. 29979-31990 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, ~arch 19, 1990. Sincerely, .) Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. Room456 MunicipalRuilding 215Church Avenue, S W Roanoke, Virginia 2~,011 (703)981 2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, %he 19th day of March, 1990. No. 29979,31990. AN ORDINANCE accepting the bid of I.B.M. Corporation made to the City for furnishing and delivering one computer disc drive; rejecting all other bids made to the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of I.B.M. Corporation made to the City, offering to supply one computer disc drive, meeting all of the City's spe- cifications and requirements therefor, for the total bid price of $49,560.00, which bid is on file in the Office of ghe City Clerk, be and is hereby ACCEPTED. 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase order therefor, incorporating into said order the City's specifica- tions, the terms of said bidder's proposal and the terms and pro- visions of this ordinance. S. Any and all other bids made to the City for the afore- said equipment 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. In order to provide for the usual daily operation of the municipal ordinance government, an emergency is deemed to exist, and this shall be in full force and effect upon its passage. ATTEST: City Clerk. Office of the City Clerk March 21, 1990 File #60-301-472 ~r. Joel ~. Schlanger Director of Finance Roanoke, Virginia Dear ~r. Schlanger: I am attaching copy of Ordinance No. 299?8-31990 amending and reordaining certain sections of the 1989-90 Internal Service Fund ~ppropriations, providing for the appropriation of $49,560.00 from Retained Earnings, Unrestricted, to Other Equipment City Information Systems, Capital Outlay, to provide funds for the purchase of one computer disk drive from IBM Corporation. Ordinance No. 29978-31990 was adopted by the Council of the City of Roaaoke at a regular meeting held on ~onday, ~arch 19, 1990. Sincerely, '? ~ary F. Parker, CMC/AAE City Clerk MFP:ra Enc o pc: ~r. W. Robert Herbert, City Manager ~r. George C. Snead, Jr., Director of Administration a,~d Public Safety Mr. D. Darwin Roupe, ~anager, General Services Mr. Archie ~. Harrington, ~anager, City Information Systems Ms. ~rcelia B. Haston, Junior Accountant, Office of Management and Budget Room456 MunicipalBuilding 215Church Avenue,$ W Roanoke, virginia 24011 (703)981 2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of March, 1990. No. 29978-31990. AN ORDINANCE to amend and reordain certain sections of the 1989-90 Internal Service 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 Internal Service Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations City Information Services Capital Outlay (1) ................................. Retained Earnings Retained Earnings 1) Other Equipment 2).Retained Earnings Unrestricted - Unrestricted (2) .......... '] .... (006-050-1601-9015) $ 49,560 (006-3336) (49,560) $ 2,865,431 1,254,799 $2,347,592 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Vir;~ia March 19, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Purchase of Computer Hardware, Bid Number 90-1-45 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 Roanoke, Virginia March 19, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Purchase of Computer Hardware, Bid Number 90-1-45 Retained Earnin s accounts are designated in Internal Services Funds to support prioritized expenditures necessary for the efficient continued operation of those Internal Service Departments. January 26, 199Q specifications and request for quotations for one (1) Computer Disc Drive was specifically sent to twelve (12) computer hardware suppliers for this type of equipment which are currently listed on the City's bid list. A public advertisement was also published in the Roanoke Times and World News on January 28, 1990. Bids were received, after due and proper advertisement, until 2:00 p.m. on February 23, 1990, at which time all bids so received, were publicly opened and read in the Office of the Manager of General Services. II. Current Situation Three (3) bid responses were received, opened and read. Two (2} of those responses indicated that due to current market and inventory conditions, that they could not bid at this time. Bid Ntmber 90-1-45 Page 2 III. IV. One (1} bid, submitted by I.B.M. Corporation meets all required specifications for the total cost of $49,560.00. A. Need B. Compliance with Specificationm C. Fund availability Alternative ~O~gil ~ccept the bid submitted by I.B.M. Corporation to provide one (1) Computer Disc Drive, for the total cost of ~9~550.00. Need - Requested equipment is necessary to continue to perform required Computer Services in the most effective and efficient manner· Compliance with Specification~ - the bid submitted by I.B.M. Corporation meets all required specifications. Fund availability - Funds are available in City Information System Retained Earnings to provide for this purchase. B. Reject Bid for Computer Hardwarm Need - The need for Computer Services would not be accomplished in the most effective and efficient manner. Com~liance with SP_e_~ifications would not be an issue in this alternative. Fund availability - designated Funds would not be expended with this alternative. B~d Number 90-1-4§ Page 3 V. Re o enda ion Council concur with Alternative "A" - accept the bid submitted by I.B.M. Corpor~tion to provide one Computer Disc Drive for the total cost of ~49,560.00. ApDroDriate $49,560.00 from Internal Services Retained Earnings to City Information Systems Account 006-050-1601-9015 to provide for this purchase. Respectfully Submitted, Cossittee: Ar ch:[e Harrington/ D. Darwin Roupe ~ cc: City Attorney Director of Finance Office of the City Clerk ~arch 21, 1990 File #268-472 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 29981-31990 accepting the bid of g. J. Conner and Sons, Inc., to update existing fuel dispensing systems at 1802 Courtland Avenue, N. E., and 3447 Read Road, N. E., including trade allowance, but deleting the computer printers and modems, in the total amount of $24,335.80; providing for the purchase, including installation, of two new computer printers under the state-awarded contract from C.B.M. Computer Center, for the total purchase price of $342.00; and providing for the purchase, including installation, of two new modems under state-awarded contract from Primary Telecommunications, for the total purchase price of $524.00. Ordinance No. 29981-31990 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 19, 1990. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Eric. pc: Hr. Joel ~. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. D. Darwin Roupe, Manager, General gervices Mr. Kit B. Kiser, Director of Utilities and Operations ~r. Jesse H. Perdue, Jr., Manager, Utility Line Services Ns. Arcelia B. Haston, Junior 4ccountant, Office of ~anagement and Budget Office of the City Clerk March 21, 1990 File #268-472 Primary Telecommunications 2773 Hartland Road Falls Church, Virginia 22043 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 29981-31990 accepting the bid of S. J. Conner and Sons, Inc., to update existing fuel dispensing systems at 1802 Courtland Avenue, N. 6., and 3447 Read Road, N. E., including trade allowance, but deleting the computer printers and modems, in the total amount of $24,335.80; providing for' the purchase, including installation, of two new computer printers under the state-awarded contract from C.~.~. Computer Center, for the total purchase price of $342.00; and providing for the purchase, including installation, of two new modems under state-awarded contract from Primary Teleco~lunications, for the total purchase price of $524.00. Ordinance No. 29981-31990 was adopted by the Council of the City of Roanoke at a regular Meeting held on Monday, ~arch 19, 1990. Sincerely, ~ary F. Parker, C~C/~AE City Clerk MFP:ra Enc. Room456 MunicJpalBuildJng 215Church Avenue. S W Roanoke. Virginia 24011 (703)9812541 Office of the City Clerk March 21, 1990 File #268-472 C.B.M. Computer Center 834 Tyvola Road Charlotte, North Carolina 28217 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 29981-31990 accepting the bid of $. J. Conner and Sons, Inc., to update existing fuel dispensing systems at 1802 Courtland Avenue, N. E., and 3447 Read Road, N. E., including trade allowance, but deleting the computer printers and modems, in the total amount of $24,335.80; providing for the purchase, including installation, of two new computer printers under the state-awarded contract from C~8.M. Computer Center, for the total purchase price of $342.00; and providing for the purchase, including installation, of two new modems under state-awarded contract from Primary Telecommunications, for the total purchase price of $524.00. Ordinance No. 29981-31990 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 19, 1990. Sincerely, ~4ary F. Parker, CMC/AAE City Clerk MFP:ra Enc. Room456 MunicipalBuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 Office of the City Clerk March 21, 1990 File #268-472 Mr. S. Jack Conner, President S. J. Conner & Sons, Inc. 1507 22nd Street, N. E. Roanoke, Virginia 24012 Dear ~ro Conner: I am enclosing copy of Ordinance No. 29981-31990 accepting the bid of $. J. Conner and Sons, Inc., to update existing fuel dispensing systems at 1802 Courtland Avenue, N. E., and 3447 Read Road, N. E., including trade allowance, but deleting the computer printers and modems, in the total amount of $24,335.80; providing for the purchase, including installation, of two new computer printers under the state-awarded contract from C.B.M. Computer Center, for the total purchase price of $342.00; and providing for the purchase, including installation, of two new modems under state-awarded contract from Primary Telecommunications, for the total purchase price of $524.00. Ordinance No. 29981-31990 was adopted by the Council of the City meeting held on ~onday, ~arch 19, 1990. gincerely, Mary F. Parker City Clerk of Roanoke at a CMC/AAE regular MFP:ra Enc. Room456 MunicipalBuilding 215Church Av~nu=,S W Roanoke. Virginia 24011 (703)981 2541 Office of the City Clerk March 21, 1990 File #268-472 Mr. Jay P. Rogers Sales Agent Cavenaugh Corporation P. O. ~ox 24009 Richmond, Virginia 23224 Dear ~r. Rogers: I am enclosing copy of Ordinance ~o. 29981-31990 accepting the bid of S. J. Conner and Sons, Inc., to update existing fuel dispensing systems at 1802 Courtland Avenue, N. E., and 3447 Read Road, N. E., including trade allowance, but deleting the computer printers and modems, in the total amount of $24,335.80; providing for the purchase, including installation, of two new computer printers under the state-awarded contract from C.~.M. Computer Center, for the total purchase price of $342.00; and providing for the purchase, including installation, of two new modems under state-awarded contract from Primary Telecommunications, for the total purchase price of $524.00. Ordinance No. 29981-31990 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, March 19, 1990. On behalf of the Mayor and Members of City Council, [ would like to express appreciation for submitting your bid on the above- described equipment. Sincerely, ~. _~ ~ary F. Parker, CMC/~E City Clerk MFP:ra Enc. Room456 MunicipalBuilding 215Church Avenue, S W Roanoke, Virginia 24011 (703)981 2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day 0f March, 1990. No. 29981-31990. AN ORDINANCE accepting a bid to provide the necessary equipment for the update of certain existing fuel dispensing systems in the City and awarding contracts therefor; authorizing City officials to execute the requisite contracts, terms and conditions; authorizing the purchase of printers and modems by utilizing the Commonwealth of Virginia's contract with certain vendors; rejecting all other bids made to City for said work; and providing for an emergency. the appropriate upon certain certain computer the WHEREAS, the City of Roanoke has publicly advertised and received bids for updating the existing fuel dispensing systems at 1802 Courtland Avenue, N.E. and 3447 Read Road, N.E.; and WHEREAS, S. J. Conner and Sons, Inc. has submitted the lowest total bid, including trade allowance; but not including computer printers and modems; and WHEREAS, the Commonwealth of Virginia has, pursuant to its com- petitive bidding procedure, awarded contracts for the purchase of certain items, including computer printers and modems; and WHEREAS, local governing bodies in Virginia are authorized to purchase items through use of state-awarded contracts; and WHEREAS, the State contract price for computer printers and modems is significantly lower than the price quoted by S. J. Conner and Sons, Inc. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of S. J. Conner and Sons, Inc. to update existing fuel dispensing systems at 1802 Courtland Avenue, N.E. and 3447 Read Road, N.E., in accordance with the City's plans and specifica- tions therefore, including trade allowance, but deleting the computer printers and modems, in the total amount of $24,335.80, which bid is on file in the Office of General Services, is hereby ACCEPTED. 2. The purchase, including installation, of two (2) new com- puter printers under the state-awarded contract from C.B.M. Computer Center, for the total purchase price of $342.00, is hereby authorized. 3. The purchase, including installation, of two (2) new modems under state-awarded contract from Primary Telecommunications, for the total purchase price of $524.00, is hereby authorized. 4. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with S. J. Conner and Sons, Inc., and the City's Manager of General Services is directed to issue the requisite purchase orders for the above-mentioned com- puter printers and modems, said purchase orders to be made and filed in accordance with the City's specifications and the terms and provisions of this ordinance, said contracts to be in such form as is approved by the City Attorney. 5. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 6. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and ~his ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Office of the City Clerk March 21, 1990 File #60-268-472 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 29980-31990 amending and reordaining certain sections of the 1989-90 Internal Service Fund Appropriations, providing for the transfer of $25,202.00 from Retained Earnings, Unrestricted, to Capital Outlay, ~ateriaIs Control, and Capital Outlay, Utility Line Services, to provide funds for the purchase of necessary equipment to update the existing automated Fuel Dispensing System, and for the purchase of two computer printers and modems. Ordinance No. 29980-31~90 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 19, 1990. Sincerely, ~ , Mary F. Parker, CMC/AAE City Clerk MFP : r a Enc o pc: Mr. W. Robert Herbert, City ~anager Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. D. Darwin Roupe, Manager, General Services Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Jesse H. Perdue, Jr., Manager, Utility Line Services Ms. Arcelia ~. ~aston, Junior Accountant, Office of Management and Budget Room456 MunicJpalSuilding 215Church Avenue, S W Roanoke, Virginia 2.101t (703)981 2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of March, 1990. No. 29980-31990. AN ORDINANCE to amend and reordain certain sections of the 1989-90 Internal Service Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to Government of the exist. THEREFORE, BE IT ORDAINED Roanoke that certain sections of the Fund Appropriations, be, and the same reordained to read as follows, in part: by the Council of the City of 1989-90 Internal Service are hereby, amended and Appropriations Materials Control Capital Outlay (1) ................................. Utility Line Services Captial Outlay (2) ................................. RetainedEarnings Retained Earnings - Unrestricted (3) ............... 1) Other Equipment (006-050-1613-9015) 2) Other Equipment (006-056-2625-9015) 3) Retained Earnings- Unrestricted (006-3336) 21,268 3,934 (25,202) BE IT FURTHER ORDAINED that, an emergency this Ordinance shall be in effect from its passage. $ 157,943 31,237 2,920,993 614,140 $ 2,371,950 existing, ATTEST: City Clerk. Roanoke, Virginia March lg, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Bid Committee Report for Updating the Existing Fuel Dispensing System, Bid Number 90-1-27 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 cc: City Attorney Director of Finance Roanoke, Virginia March 19, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Bid Co--ittee Report for Updating the Existing Fuel Dispensing System Bid Number 90-1-27 I. Back~o_~x_9_U_~d Retained Earnings accounts are designated in Internal Services Funds to support prioritized expenditures necessary for the efficient continued operation of those Internal Service Departments. Materials Control Department and Utility Line Services, both Internal Service Departments, have identified the need to update the existing automated Fuel Dispensing System. Updatinq the existinq Fuel Dispensing System will consist of replacing the control mechanisms, card reader and related hardware to provide for a completely automated system. January 16, 1990, specifications were developed and along with request for quotations, were sent to seven (7) vendors, currently listed on the City's bid list. A public advertisement was also published in the Roanoke Times and World News on January 19, 1990. Bids were received, after due and proper advertisement, until 2:00 p.m. on January $0, 1990, at which time all bids so received were publicly opened and read in the Office of the Manager of General Services. II. Current Situation: A. Two (2) bid responses were received. Bid tabulation Xs attached. Bid Ntunber 90-1-27 Page 2 ComDuter printers and modems were also compared with equipment available through the State Contract System. III. IV. C0 Ail bide received were evaluated in a consistent manner by representatives of the following departments: General Services City Information Systems Utility Line Services De The lowest bid for the Fuel System is submitted by S. J. Conner and Sons, Inc. for the amount, including trade allowance, of $24,335.80. Ee State Contract System can provide the printers and modems for a cost of $866.00. Issues: A. Need B. Compliance with Specifications C. Fund availability Alternatives: Ae Council allow for the updating of the existing Fuel Dispensing System as follows: Accept the bid submitted by S. J. Conner and Sons, Inc., to provide necessary equipment to update the system, including trade allowance and excluding printers & modems, for the total cost of $24,335.80. o Allow for the purchase of two (2) computer printers and modems, to be used in conjunction with the system update, from State Contract for the cost of $866.00. Bid Number 90-1-27 Page 3 a~ b~ Need - Updating of the existing system is needed to reduce downtime and system repair cost as well as allow for automation of cost distribution and additional control through the Vehicle Maintenance System. Compliance with Specifications - The bid recommended and the equipment available through the State Contract System meets all required specifications· c) Fund availability - Funds are available in the Internal Service Fund Retained Earnings to provide for this requested expenditure. B. Reject all bids· Need - The update to the existing dispensing system would not be accomplished which would result in continued downtime, increased maintenance cost and possible loss of needed control of Fuels being dispensed to City vehicles· Compliance with Specifications would not be a factor in this alternative. Fund availability - designated Funds would not be expended with this alternative. Recommendation: Council concur with Alternative "A" - allow for the updating of the existing Fuel Dispensing System as follows: Accept the bid submitted by S. J. Conner and Sons, Inc., to provide necessary equipment to update the system, including trade allowance and excluding printers and modems, for a total cost of $24,335.80. Bid Number 90-1-27 Page 4 o Allow for the purchase of two (2) computer printers and modems from State Contract for the cost of $866.00. Reject other bid. Appropriate $25,201.80 from Internal Service Fund Retained Earnings to the following accounts: Materials Control 006-050-1613-9015 - $21,267.90 Utility Line Services 006-056-2625-9015 - $ 3,93~.9Q Reapectfully Submitted, Committee: D. Darwin Roupe cc: City Attorney Director of Finance Bid Tabulation Bide were received, publicly opened and read at 2:00 p.m. on January 30, For Update to Existing Automated Fuel Dispensing System Bid Number 90-1-27 1990 Cavenaugh Corporation S. J. Conner and Sons, Inc. State Contract System o Update existing Fuel System at 1802 Courtland Avenue, N.E. in accordance with City of Roanoke specifications. $23,772.90 Update existing Fuel System at 3447 Read Road, N.E. in Accordance with City of Roanoke specifications. $10,552.90 Two (2) new computer printers for above systems in accordance with City of Roanoke specifications. 8355.90 each Two (2) new modems for above systems in accordance with City of Roanoke specifications. $351.20 each -4,955.00 $30,785.00 Trade allowance for Gasboy Model 1000 System Total * $20,834.90 N/B * $ 8,455.90 N/B $355.90 each * $171.00 each $351.20 each * -4,955.00 $25,750.00 * $262.00 each N/B $866.00 D. Darwin Roupe ~' * Indicates Recommendation Office of the City Clerk ~arch 21, 1990 File #472-183 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 29983-31990 accepting the bid of Sun Electric Corporation by Earl Williams, Sales Representative, for one new computerized diagnostic engine ana- lyzer, in the total amount of $24,315.75. Ordinance ~o. 29983-31990 mas adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 19, 1990. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public ~orks Mr. James A. McClung, Manager, Motor Vehicle Maintenance Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. D. Darwin Roupe, Manager, General Services Ms. Rrcelia B. Hasten, Junior Accountant, Office ~anagement and Budget and of Room456 MunicipalBuilding 215Church Avenue.$ W Roanoke, Virginia 24011 (703)981 2541 Office of the City Clerk ~arch 21, 1990 File #472-183 Mr. Earl Williams Sales Representative Sun Electric Corporation 6533 Raintree Road Roanoke, Virginia 24018 Dear Hr. Williams: I am enclosing copy of Resolution No. 29983-31990 acceptiag your bid for one new computerized diagnostic engine analyzer, in the total amount of $24,315.75. ©rdinance No. 29983-31990 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, ~arch 19, 1990. Sincerely, ~ j ~ary F. Parker, C~C/~AE City Clerk MFP:ra Eric . pc: Hr. Edward A. ~aron, Regional gales ,~anager, Sun Electric Corporation, 520 Fellowship Road, A-IlO, ~ount ~aurel, New Jersey 08054 Room456 MunicipalBuifding 215C urch Avenuu.$ W I~oanoke, Vi~ginia 2~t0tl {70~)981 2541 Office of the City Clerk March 21, 1990 File #472-183 Mr. ~reg $. Rellan Vice-President Southern Auto Test Products P. ©. Box 190 Jessup, Maryland 20794 Dear ,~r. Rellan: I am enclosing copy of Resolution No. 29983-31990 accepting the bid of Sun Electric Corporation by Earl Williams, Sales Representative, for one new computerized diagnostic engine a~a- lyzer, in the total amount of $24,315.75. Ordinance 29983-31990 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, ~arch 19, 1990. Qn behalf of the Mayor and ~embers of City Council, I would like to express appreciation for submitting your bid on the aboYe- described equipment. Sincerely, ~ary F. Parker, CMC/:~AE City Clerk MFP:ra Enc. Room456 MunicipalBuilding 215Cl~urch Avenue, S W Roanoke, Virginia 24011 (703)981 2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 1990. No. 29983-31990. A RESOLUTION accepting the bid of Sun Electric Corporation by Earl Williams, Sales Representative, made to the City for furnishing and delivering one (1) new computerized diagnostic engine analyzer; and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Sun Electric Corporation by Earl Williams, Sales Representative, made to the City, offering to supply one (1) new com- puterized diagnostic engine analyzer meeting all of the City's speci- fications and requirements therefor, for the total bid price of $24,315.75, which bid is on file in the office of the City Clerk is hereby ACCEPTED. 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase orde% therefor, incor- porating into said order the City's specifications, the terms of said bidder's proposal, and the terms and provisions of this resolution. 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. Office of the City Clerk March 21, 1990 File #60-472-183 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 29982-31990 amending and reordaining certain sections of the 1989-90 Internal Service Fund Appropriations, providing for the transfer of $24,316.00 from Retained Earnings, Unrestricted, to Motor Vehicle Maintenance, Capital Outlay, to provide funds for the purchase of one new com- puterized diagnostic engine analyzer. Ordinance No. 29982-31990 was adopted by the Council of ~he City of Roanoke at a regular meeting held on Monday, March 19, 1990. Sincerely, {~/~:3,_~. ~lary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. W. Robert Herbert, City ~anager ~r. William F. Clark, Director of Public Works Mr. James A. McClung, ~anager, ~otor Vehicle Maintenance Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. D. Darwin Roupe, ~anager, General Services Ms. Arcelia B. gaston, Junior ~ccountant, Office ~anagement and Budget and of IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of March, 1990. No. 29982-31990. AN ORDINANCE to amend and reordain certain sections of the 1989-90 Internal Service Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE Roanoke that certain Fund Appropriations, IT ORDAINED by the Council of the City of sections of the 1989-90 Internal Service be, and the same are hereby, amended and in part: reordained to read as follows, Appropriations Motor Vehicle Maintenance Capital Outlay (1) ................................. Retained Earnings Retained Earnings - Unrestricted (2) ............... 1) Other Equipment (006-052-2641-9015) $ 24,316 2) Retained Earnings- Unrestricted (006-3336) (24,316) $ 1,764,862 38,949 $ 2,372,836 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia March 19, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Bids to purchase Computerized Diagnostic Engine Analyzer, Bid No. 90-2-23 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 cc: City Attorney Director of Finance Roanoke, Virginia March 19, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Bids to purchase Computerized Diagnostic Engine Analyzer, Bid No. 90-2-23 I. _~__~q_r ound Retained E~rDiD~t~__a_gcounts are designated in Internal Service Funds to support prioritized expenditures necessary for the effective and efficient continued operation of those Internal Service Departments. February 6, ~990 specifications and request for quotations were specifically sent to ten (10) vendors for Computerized Diagnostic Engine Analyzers. A public advertisement was also published in the Roanoke Times and World News on February 9, 1990. Bid ~onse~ were received, after due and proper advertisement, at 2:00 p.m. on February 21, 1990, at which time all bids so received were publicly opened and read in the Office of the Manager of General Services. II. Current Situation Four (4) bid responses were received. Bid tabulation is attached. All bids received were evaluated in a consistent manner by representatives of Motor Vehicle Maintenance and General Services. ~_h~ee _(3) organizations submitted lowest identical bid prices. All three are suppliers of Sun Computer Analyzer, which meets specification. Only one (1) of the organizations are located within the Commonwealth of Virginia. That bid is submitted by Sun Electric Corporation, c/o Earl Williams, Sales Representative, for the total cost of $24,315.7~. Bid Number 90-2-23 Page 2 III. Issues IV. A. Need B. ComR~iance with Specifications C. Fund availabil%ti Alterna___tives Council acceR~ the bid submitted by Sun Electric Corporation, c/o Earl Williams, Sales Representative, Roanoke, Virginia for one (1) new Computerized Diagnostic Engine Analyzer for the total cost of ~_24,315.75. Need - Requested equipment is necessary for the enhancement of the Motor Vehicle Maintenance and repair program. Compliance with Specificatio~ - The unit recommended by this alternative meets all required specifications. Fund availability - Funds for this expenditure are available in Internal Service prior year Retained Earnings. B. ~11 Bids Need - Vehicular maintenance and repair would not be accomplished in the most efficient and effective manner with this alternative. o C_9o$]~%~ance with Specification~ would not be a factor in this alternative. Fund availability - Prior year Retained Earnings designated for this equipment would not be expended. Bid Number 90-2-23 Page $ Recommend_______~atio~ Council concur with Alternative "A" - accept the bid submitted by Sun Electric Corporation, c/o Earl Williams, Sales Representative, Roanoke, Virginia for one (1) new Computerized Diagnostic Engine Analyzer for the total cost of $24,315.75 and reject all other bids. Appropriate $24,3~5.75 from Internal Service Fund prior year Retained Earnings to Motor Vehicle Maintenance account 006-052-2641-9015 to provide for the purchase of of this requested equipment. Respectfully Submitted, William F. Clark J McClung D. Darwin Roupe cc: City Attorney Director of Finance Bids were received, 1990 Bid Tabulation publicly opened and read at 2:00 p.m. on Wednesday, February 21, For Computerized Diagnostic Engine Analyzer Bid Number 90-2-23 Sun Electric Corporation c/o Earl Williams Roanoke, Virginia Southern Auto Test products Sun Electric Corporation Bristol, PA. Sun Electric Corporation Mt. Laurel, NJ. Item i new Computerized Diagnostic Engine Analyzer, delivered F.O.B. Roanoke, Virginia in accordance with City of Roanoke specifications. * $24,315.75 $25,595.00 $24,315.75 $24,315.75 Delivery Co--ittee: 20 Days William F. Clark 10 Days James A. McClung ~ 15 Days 15 Days D. Darwin Roupe ~ * Indicates Recommendation Office of the City Clerk March 21, 1990 File #123-121-472 Mr. Wo Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 29985-31990 accepting the bid of Detention Services, Inc., for furnishing and delivering forty nee bunks and eight new tables for the Roanoke City Jail, in the total amount of $10,194.00. Resolution No. 29985-31990 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 19, 1990. Sincerely, ~ary F. Parker, CMC/AAE City Clerk MFP:ra Eno. pc: The Honorable W. Alvin Hudson, City Sheriff Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. D. Darwin Roupe, Manager, General Services Mr. William F. Clark, Director of Public Works ~r. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Room456 Municipati]uilcling 215Church Avenue, S W Roanoke. Virginia 2~,011 (703)981-2541 Office of the City Clerk March 21, 1990 File #121-123-472 Mr. Jerry S. Farrar Regional Sales Manager RIB Detention Equipment, Inc. P. 0. 8ox 248 Troutville, Virginia 24175 Dear ,~4r. Farrar: I am enclosing copy of Resolution No. 29985-31990 accepting the bid of Detention Services, Inc., for furnishing and deliveriag forty new bunks and eight new tables at the Roanoke City Jail~ ia the total amount of $10,194.00. Resolution No. 29985-31990 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, ~arch 19, 1990. On behalf of the ~ayor and Members of City Council, I would li~e to express appreciation for submitting your bid on the ahoy, e- described equipment. Sincerely, j Mary F. Parker, C~C/AAE City Clerk MFP:ra Enc. Room456 MunicipalBuilding 215Church Avenue, S.W Roanoke, Virginia 24011 Office of the City Clerk March 21, 1990 File #121-123-472 Mr. Roy W. Caviness Caviness ~lding, Inc. 532 Rorer Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Caviness: I am enclosing copy of Resolution No. 29985-31990 accepting the bid of Detention Services, Inc., for furnishing and delivering forty new bunks and eight new tables at the Roanoke City Jail, in the total amount of $10,194.00. Resolution No. 29985-31990 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 19, 1990. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described equipment. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. Room456 MunlcipalBuilding 215Church Avenu~,S W Roar~oke, Virg,ma 24011 (703)§81 2541 Office of the City Clerk March 21, 1990 File #121-123-472 Mr. Ralph K. Smith Ralph Smith, [nc. 2141 Patterson Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Smith: I am enclosing copy of Resolution No. 29985-31990 accepting the bid of Oetention Services, Inc., for furnishing and delivering forty new bunks and eight new tables at the Roanoke City Jail, in the total amount of $10,194.00. Resolution No. 29985-31990 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 19, 1990. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described equipment. ~ary F. Parker, C~C/,4AE City Clerk MFP:ra Enc. Room456 Municipali]uilding 215Church Av,.'nu~,S W Hoanoke, Virginia 24011 (703)981 2541 Office of the City Clerk March 21, 1990 File #121-123-472 Mr. Jerry K. Qyler President Security Detention Equipment, P. 0. Box 189 Boones Hill, Virginia 24065 fnc o Dear Hr. Qyler: I am enclosing copy of Resolution No. 29985-31990 accepting the bid of Detention Services, Inc., for furnishing and delivering forty new bunks and eight new tables at the Roanoke City Jail, ia the total amount of $10,194.00. Resolution No. 29985-31990 was adopted by the Council of the City of Roanoke at a regular meeting held on Honday, Hatch 19, 1990. On behalf of the Hayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described equipment. Sincerely, _j Mary F. Parker, C~4C/AAE City Clerk MFP:ra Enc. Room456 MunicipalBuilding 215Church Avenue, S W Roanoke, Vi~gini& 24011 (703)981 2541 Office of the City Clerk March 21, 1990 File #121-123-472 ~r. J. B. Carter Detention Services, Inc. P. 0. Box 21771 Roanoke, Virginia 24018 Dear ~4r. Carter: I am enclosing copy of Resolution No. 29985-31990 accepting the bid of Detention Services, Inc., for furnishing and delivering forty new bunks and eight new tables at the Roanoke City Jail, in the total amount of $10,194.00. Resolution No. 29985-31990 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, ~arch 19, 1990. Sincerely, Mary F. Parker, CMC/~AE City Clerk MFP:ra Enc. Room456 MunicipalSuilding 215Church Av~.nue.$ W I{oanoke, Virginia 24011 (703)981 2541 IN THE COUNCIL OF THE CITY OF The 19th day of March, 1990. No. 29985-31990. ROANOKE, VIRGINIA, A RESOLUTION accepting the bid of Detention Services, Inc., made to the City for furnishing and delivering forty (40) new bunks and eight (8) new tables at the Roanoke City Jail; and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Detention Services, Inc., made to the City, offering to supply forty (40) new bunks and eight (8) new tables at the Roanoke City Jail meeting all of the City's specifications and requirements therefor, for the total bid price of $10,194.00, which bid in on file in the Office of the City Clerk is hereby ACCEPTED. 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase order therefor, incorporating into said order the City's specifica- tions, the terms of said bidder's proposal and the terms and pro- visions of this resolution. 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 March 19, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Eight (8) Tables and Forty (40) Bunks Maximum Security - Fourth Floor Roanoke City Jail Roanoke, Virginia I concur with the recommendations of the attached Bid Committee Report. WRH/LBC/mm Attachment: cc: Respectfully submitted, W. Robert Herbert City Manager Bid Committee Report City Attorney Director of Finance Director of Public Works Director of Administration & Public Safety Sheriff City Engineer Manager, General Services Construction Cost Technician Roanoke, Virginia March 19, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Eight (8) Tables and Forty (40) Bunks Maximum Security - Fourth Floor Roanoke City Jail Roanoke, Virginia I. Backsround: Bids were publicly opened and read aloud in the General Services Office, Room 167, Municipal Building on March 16, 1990 at 4:00 p.m. Five (5) bids were received with Detention Services Inc., of Roanoke, Virginia, submitting the low bid in the amount of $10,194.00 and 30 consecutive calendar days. Project consists of double bunking each maximum security cell on the outside wall of each section for a total of forty (40) bunks. There will be two inside cells off each Day Room that will not be double bunked in case there is a need to isolate an inmate. Each Day Room will also have a new five person table to provide seats for the additional people in each Day Room. II. Issues in order of importance are: Compliance of the bidders with the requirements of the Contract Documents. B. Amount of the low bid. C. Fundin~ of the project. D. Time of construction. Page 2 III. Alternatives are: A. Award a lump sum contract to Detention Services Inc. in the amount of $10,194.00 and 30 consecutive calendar days to pro- vide and install Forty (40) New Bunks and Eight (8) Tables in the Maximum Security section on the Fourth Floor of the Roanoke City Jail in accordance with the Contract Documents as prepared by the City Engineer's Office. 1. Compliance of the bidders with the requirements of the Contract Documents was met. 2. Amount of the low bid is acceptable. 3. Fundin~ is available in Account No. 001-024-3310-9065, Construction Other. 4. Time of completion is acceptable. B. Reject the bids and do not award a contract at this time. 1. Compliance of the bidders with the requirements of the Contract Documents would not be an issue. 2. Amount of the low bid would probably change if re-bid at a later date. 3. Fundin8 would not be encumbered at this time, 4. Time of completion would be extended. The Jail is so crowded at present that inmates are having to sleep on mattress pads laid on the floor. We need to alleviate this situation as soon as possible. IV. Recommendation is that City Council take the following action. A. Concur with the implementation of Alternative "A". B. Authorize the City Manaser to enter into a contract with Detention Services Inc. to provide and install Forty (40) New Bunks and Eight (8) New Tables in accordance with the requirements of the Contract Documents as prepared by the City Engineer's Office in the amount of $10,194.00 and 30 consecutive calendar days. Page 3 Authorize the Director of Finance to encumber $10~194.00 in Construction Other, Account No. 001-024-3310-9065. Reject the other bids received. Respectfully submitted, William F. Clark RAG/LBC/mm Attachment: Tabulation of Bids cc: City Attorney Director of Finance Director of Public Works Director of Administration & Public Safety Sheriff City Engineer Manager, General Services Construction Cost Technician George ~Snead, Jr. TABULATION OF BIDS EIGHT (8) TABLES AND FORTY (40) BUNKS MAXIMUM SECURITY - FOURTH FLOOR ROANOKE CITY JAIL ROANOKE, VIRGINIA Bids opened by General Services on March 16, 1990 at 4:00 p.m. BIDDER LUMP SUM NO. OF DAYS Detention Services Inc. $10,194.00 30 Security Detention Equipment, Inc. $12,800.00 30 - 45 RIB Detention Equipment, Inc. $13,545.00 30 Caviness Welding, Inc. $15,600.00 -- Ralph Smith, Inc. $18,300.00 45 Engineer's Estimate: $17,000.00 ~ Chairman William F. Clark George. ea , Office of City Engineer Roanoke, Virginia March 19, 1990 Office of the City Clerk Narch 21, 1990 File #255-1-472 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 29987-31990 accepting the bid of Micro Palm Computers, Inc., for furnishing and delivering six hand held programmable computers and related equipment, in the total amount of $18,749.68. Resolution No. 29987-31990 was adopted by the Council of the City of Roanoke at ct regulctr meeting held on Monday, March 19, 1990. Sincerely, C,NC/.4AE Nary F. Parker, City Clerk MFP:ra Enc. pc: Mr. Joel M. Schlanger, Director of Finance Ms. Deborah J. Noses, Chief of Billings and Collections Hr. George C. Snead, Jr., Director of 4dministration and Public Safety Mr. D. Darwin Roupe, Nanager, General Services Mr. Archie W. Harrington, ~anager, City Information Systems Ms. Kathy D. Cox, Systems Analysis, City Information Systems Ms. Arcelia B. Raston, Junior Accountant, Office of Nanage- ment and Budget Room 456 Municipal Building 215Church Avenue, S W Roanoke, Virginia 24011 (703) 981 2541 Office of the City Clerk ~arch 21, 1990 File #253-1-472 Mr. David Hoyle ~icro Palm Computers, Inc. 13773 - 500 Icot Boulevard Clearwater, Florida 34620 Dear Mr. ~oyle: I am enclosing copy of Resolution No. 29987-31990 accepting the bid of Micro Palm Computers, Inc., for furnishing and deliveriag six hand held programmable computers and related equipment, in the total amount of $18,749.68. Resolution No. 29987-31990 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 19, 1990. Sincerely, Mary F. Parker, CMC/~AE City Clerk MFP:ra Enc. Room456 MunicipalOuilding 215Church Avenu~:.$ W Roanoke. ViCginia 24011 (703)981-2541 Office of the City Cterk ,~arch 21, 1990 File #253-1-472 Hr. Michael R. Deal General Business Representative Telxon Corporation 10227 Wincopin Circle Suite 205 Columbia, Maryland 21044 Dear ,~r. Deal: I am enclosing copy of Resolution No. 29987-31990 accepting the bid of Micro Palm Computers, Inc., for furnishing and deliveriag six hand held programmable computers and related equipment, in the total amount of $18,749.68. Resolution No. 29987-31990 was adopted by the Council of the City of Roanoke at a regul,~r meeting held on Monday, ~arch 19, 1990. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described equipment. Sincerely, 4, ~4ary F. Parker, City Clerk CMC /.4A E MFP:ra Enc. Room456 MunicipalBuildincj 215Church Avenue $ W Roanoke, Virginia 240~1 (703)981 2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 1990. No. 29987-31990. A RESOLUTION accepting the bid of Micro Palm Computers, Inc. made to the City for furnishing and delivering 6 hand held programmable computers and related equipment; and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Micro Palm Computers, Inc., made to the City, offering to supply 6 band held programmable computers and related equipment meeting all of the City's specifications and require- ments therefor, for the total bid price of $18,749.68, which bid in on file 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, incorporating into said order the City's specifica- tions, the terms of said bidder's proposal and ~he terms and pro- visions of this resolution. 3. Any and all other bids made to the City for the afore- said 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. Office of the City Clerk March 21, 1990 File #60-253-1-472 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 29986-31990 amending and reordaining certain sections of the 1989-90 General Fund ~ppropriations, providing for the transfer of $41,646.00 from General Fund Contingency Equipment Replacement to Billings and Collections, Training and Development and Other Equipment, to provide funds for the purchase of six automated meter reading systems. Ordinance No. 29986-31990 was adopted by the Council of the City of Roanoke at a regular ~eeting held on Monday, March 19, 1990. Sincerely, Mary F. Parker, C~C/.4AE City Clerk MFP:ra pc: Mr. W. Robert Herbert, City ~anager Ms. Deborah J. Moses, Chief of Billings and Collections Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. D. Darwin Roupe, Manager, General Services Mr. Archie W. Harrington, ~anager, City Information Systems Ms. Kathy D. Cox, Systems 4nalysis, City Information Systems Ms. Arcelia B. ~aston, Junior iccountant, Office of Manage- ment and ~udget AN ORDINANCE the 1989-90 General emergency. WHEREAS, for Government of the exist. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of March, 1990. No. 29986-31990. 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 Non-Departmental Contingency-General Funds (1) ................. General Government Billing and Collections (2-3) ................. 1) Equipment Repl. Contingency (001-002-9410-2202) $(41,646) 2) Training and Development (001-004-1232-2044) 4,000 3) Other Equipment (001-004-1232-9015) 37,646 $ 15,382,845 234,746 8,135,198 782,691 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Roanoke, Virginia March 19, 1990 Honorable Mayor and City Council Roanoke. Virginia Dear Members of Council: SUBJECT: Bids to purchase Hand Held Programmable Computers, Bid No. 90-2-54 and Fund Appropriation I concur with the recommendation of the Bid Committee relative to the above subject and recommend it to you for appropriate action. W. Robert Herbert City Manager cc: Director of Finance City Attorney Roanoke, Virginia March 19, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Bids to purchase Hand Held Programmable Computers, Bid No. 90-2-54 and Fund Appropriation I. Backaround Ao October 9, 1989 City Council designated Funds in the Capital Maintenance and Equipment Replacement Program to provide for the purchase of an Electronic Meter Reading System for the Department of Billings and Collections. Billings and Collections along with City Information Systems developed specifications for various pieces of equipment that comprise the requested Electronic Meter Reading System. February 15, 199Q specifications and request for quotation were specifically sent to three |3) vendors currently on the bid list. A public advertisement was also published in the Roanoke Times and World News on February 15, 1990. Do Bids were received, after due and proper advertisement, until 2:00 p.m. on February 27, 1990, at which time all bids so received were publicly opened and read in the Office of the Manager of General Services. Single purchases which will cost less than $10,000 are identified on Attachment "A". Those items will be appropriately processed through the State Contract System or through competitive request for quotations in accordance with the Procurement Code as identified in the Code of the City of Roanoke. Bid No. 90-2-54 Page 2 II. III. IV. Current Situation A. Two ~) bids were received. Bid tabulation is attached. All bids were evaluated by representatives of the Departments of Billings & Collections and City Information Systems. The lowest bid, as submitted by Micro Palm Computers, Inc. meets all required specifications for the total cost, including maintenance, of $18,749.68. Council appropriations are requested to allow for the purchase of those items listed on the Attachment "A", all of which are single purchases that will cost less than $10,000 each. Issues A. _Ne_e~ C. Compliance with Specifications D. Fund availability Alternatives Council accept bid and approve request for Fund Appropriation as follows: Six (6) Hand Held Programmable Computers including chargers, carrying holsters, communication boards, cable, shipping and maintenance cost, as submitted by Micro Palm Computers, Inc. for the total cost of $18,749.68. Bid No. 90-2-54 Page 3 Appropriate $22,895 to allow for the purchase of those items shown on Attachment "A". a) Need - Requested equipment and software will allow for the automation of the meter reading function, thereby improving overall accuracy speed of reading meters and control. b) Timeliness - Requested items can be expediently procured in the most timely fashion with this alternative. c) d) Compliance with Specifications - The bid recommended by this alternative, submitted by Micro Palm Computers, Inc., meets all required specifications. Fund availability - Funds are designated in the Capital Maintenance and Equipment Replacement Program in the General Fund Contingency Equipment Replacement Account No. 001-002-9410-2202 to provide for the purchase. ~eJect all Bids and not approve request to appropriate Funds. Need - The enhancements and efficiencies projected by an automated meter reading system would not be realized. Timeliness - would not be an issue in this alternative. Compliance with Specifications would not be an issue in this alternative. Fund availability - Designated Funds would not be expended with this alternative. Bid No. 90-2-54 Page 4 Recommendation A. Council concur with Alternative "A" to accept bid and appropriate Funds as follows. Six (6) Hand Held Programmable Computers including chargers, carrying holsters, shipping and maintenance as submitted by Micro Palm Computers, Inc. for the total cost of $18,749.68. Appropriate $22,895 to allow for the purchase of those items shown on Attachment "A". B. ~ject Other Bid Transfer ~91,644.68 from General Fund Contingency Equipment Replacement Account 001-002-9410-2202 to the following accounts: 37,644.68 to 001-004-1232-9015 _4~000.00 to 001--004-1232-2044 Respectfully Submitted, Com~ittee: Debbie J. Mos~ Ka t~ny D~/Cox D. Darwin Roupe cc: Director of Finance City Attorney Attachment "A" Personal Computer and accessories available under State Contract $ 6,225.00 Batteries and miscellaneous start-up expenses 1,650.00 3. File Transfer Software Package 9,800.00 Tape back-up system available under State Contract 1,220.00 5. Training 4,000.00 Total $22,895.00 Office of the City Clerk ~arch 21, 1990 File #51 Mr. Michael M. Waldvogel, Chairman City Planning Commission 3526 Penarth Road, S. W. Roanoke, Virginia 24011 Dear Mr. Waldvogel: I am enclosing copy of Ordinance No. 29964-31990 rezoning certain parcels of land located in the northwest area of the City on Eleventh Street, Fairfax, Orange and Madison Avenues, and Moorman Road, N. ~., from CN, Neighborhood Commercial District, to C-2, General Commercial District. Ordinance No. 29964-31990 was adopted by the Council of the City of Roanoke on first reading on Monday, March 12, 1990, also adopted by the Council on second reading on Monday, March 19, 1990, and will take effect ten days following the date of its second reading. Since re l y, / Mary F. Parker, C~C/AAE City Clerk MFP:ra Eric . pc: Mr. Earl H. Rogers, 604 Eleventh Street, N. W., Roanoke, Virginia 24017 Hr. Kenneth Haley, 416 Eleventh Street, N. W., Roanoke, Virginia 24017 Hr. Roland ~. Malone, Sr., 7035 Poindexter Lane, N. ~., Roanoke, Virginia 24019 Hamlar-Curtis Funeral ~ome, P. O. 8ox 6128, Roanoke, Virginia 24017 Mr. & Hrs. Malcolm M. Rosenberg, P. O. Box 1078, Salem, Virginia 24153 Room456 MunicipaiBuilding 215Church Avenue, S W. Roanoke, Virginia 24011 (703)981-2541 Mr. Michael M. Waldvogel ~arch 21, 1990 Page 2 pc: Ms. ~mma C. Johnson, Virginia 24017 Mr. Roger S. Johns, Virginia 24016 Dodson Brothers Exterminating, Virginia 24506 Dr. & Mrs. Wendell H. Butler, Roanoke, Virginia 24017 501 Eleventh Street, N. W., Roanoke, 2206 Patterson Avenue, S. W., Roanoke, P. ©. Box 10249, Lynchburg, 2118 Andrews Road, N. W., Liberty Investment Corporation, c/o Mr. Wayne Ayers, 5893 Campbell Drive, Salem, Virginia 24153 ~r. Richard M. Daniel, Jr., 715 Eleventh Street, N. W., Roanoke, Virginia 24017 Mr. Fred Howard and Mr. Byron We bb, c/o Mr. Carl L. Alexander, 1731 Carroll Avenue, N. W., Roanoke, Virginia 24016 Mr. Edward E. Wiggins, P. O. Box 6067, Roanoke, Virginia 24017 Mr. Ellis J. Moses, Executor, 619 Eleventh Street, N. W. Roanoke, Virginia 24016 Mr. & Mrs. Russell M. Colston, 1111 Orange Avenue, N. W. Roanoke, Virginia 24017 Hughes Brothers Home for Adults, 1101 Orange Avenue, N. W. Roanoke, Virginia 24017 Conny Oil Inc., c/o Mr. Coy Bowling, 2430 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. & Mrs. Robert J. Ferrell, 1701 Angus Road, N. W. Roat~oke, Virginia 24017 Ms. Helen R. guddleston, Route 2, Box 408, Moneta, Virginia 24121 Mr. Joe Everett, 2802 Kirkland Drive, N. W., Roanoke, Virginia 24017 Walker Fence and Handrail, 724 Eleventh Street, N. W., Roanoke, Virginia 24012 Trustees, Holiness Tabernacle Church of God in Christ, 1126 ~eIrose Avenue, N. W., Roanoke, Virginia 24017 Mr. Clarence Turpin, 1105 ~elrose Avenue, N. W., Roanoke, Virginia 24017 Ms. Florine Thornhill, President, Northwest Neighborhood Environmental Organization, 819 Centre Avenue, N. W., Roanoke, Virginia 24016 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. Michael M. March 21, 1990 Page 3 Waldvogel pc: Mr. W. Robert Herbert, City Manager ~r. ~ilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mro Von W. Moody, III, Director of Real Estate Valuation Mr. ~. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer ~r. Ronald H. Miller, Building Commissioner and Zoning Administrator ~r. John R. Marlles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF The 19th day of March, 1990. No. 29964-31990. ROANOKE, VIRGINIA, AN ORDINANCE to amend $36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 211, 212 and 222, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from CN, Neighborhood Commercial District, to C-2, General Commerical District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council at its meeting on March 12, 1990, at 7:30 p.m., after due and timely notice thereof as required by ~36.1-693,' Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid applica- tion, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 211, 212 and 222 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as certain parcels of land located in the northwest area of the City on Eleventh Street, Fairfax, Orange, and Madison Avenues, and Moorman Road, N. W., designated on Sheet Nos. 211, 212 and 222 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 2110104-2110106, inclusive; 2110108, 2110201-2110204, inclusive; 2120803-2120809, inclusive; 2120317, inclusive; 2121216, 2221414-2221416, 2120309-2120311, inclusive; 2121201, 2121203-2121207, inclusive; 2222108, 2222116- 2222119, inclusive; 2222110, 2222903-2222906, inclusive; 2121801 and 2222911, be, and are hereby rezoned from CN, Neighborhood Commercial District, to C-2, General Commercial District, and that Sheet Nos. 211, 212 and 222 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke C~,y Planmng Commission March 12, 1990 The Honorable Noel C. Taylor, and Members of City Council Roanoke, Virginia Mayor Dear Members of Council: Subject: Request from the Roanoke City Planning Commission that properties in the northwest area of the City on Eleventh Street, Fairfax, Orange, and Madison Avenues, and Moorman Road be rezoned from CN, Neighborhood Commercial District to C-2, General Commercial District. I. Back~round: Purpose of the rezoning is to promote the general welfare and good zoning practice by providing a zoning category in the llth Street commercial area which is consistent with existing land use and will facilitate additional development in the area. Subject area (see attached maps) was rezoned from C-2, General Commercial District to CN, Neighborhood Commercial District in 1987 as part of the comprehensive revision to the City's zoning ordinance. Development of neighborhood commercial centers is a key element of the comprehensive plan's commercial development strategy. The intent of the CN zone is to provide for a range of retail and service establishments which meet the needs of the immediate neighborhood. De Eleventh Street commercial area includes many businesses which depend on market support from areas outside the immediate neighborhood. Under the current CN zoning, many of the businesses are non-conforming and unable to expand. Since the effective date of the current CN zoning only four new businesses have started up in the subject area. Six commercial struc=ures in the subject area are presently vacant. Rocx'n ~355 Munici!Dol Du~i(Jincj 215 Chur~ Avenue S W Roanoke Virginia 24011 (703) 981-2344 Planning and Building Department~ have received numerous requests from businesses and property owners to rezone the area back to C-2. Signed statements (attached) from seven (7) business and property owners supportive of such a rezoning were received by the Planning Department as of the writing of this report. Neighborhood organization, Northwest Neighborhood Environmental Organization, has been notified of the proposed rezoning. The organization is supportive of any changes which will permit expansion of existing commercial establishments and encourage revitalization of the area. Planning Commission public hearing was held on January 3, 1990. Mr. John Marlles, Chief of Community Planning, gave the staff report on the matter. Mr. Marlles stated that the area was rezoned from C-2 to CN in 1987 as part of the comprehensive update to the City's zoning ordinance. Mr. Marlles noted that staff has been contacted by a number of property owners in the area over the past several years who would like to have their properties rezoned back to C-2. In response to these requests, the Planning staff had conducted a land use survey which indicated that the majority of existing businesses in the subject area were nonconforming under the current CN zoning category. In recommending approval, Mr. Marlles noted that rezoning the area back to C-2 would facilitate new development in the area by permitting a wider range of commercial establishments to locate in the area. Mrs. Florine Thornhill (President of the Northwest Neighborhood Environmental Organization) appeared before the Commission to encourage the Planning Commission to incorporate more citizen participation in the planning process for rezoning. Mr. Clarence Turpin, a business owner in the llth Street area, appeared before the Commission to express his support for the proposed rezoning of the area back to C-2. Mr. Turpin noted he had collected signatures from a number of property owners in the llth Street area who were also in support of the rezoning. Mr. Price raised several concerns he had with the rezoning, including the impact the rezoning would have on the surrounding neighborhood and the impact of the proposed improvements to 10th Street. The Commission agreed to table the matter until January 17, 1990, in order to give staff and a subcommittee of the Commission an opportunity to work on the issues. II. Planning Commission public hearing continued to January 17, 1990. Mr. Marlles noted that the Ordinance and Names Subcommittee had met on January 10, 1990, to define and discuss the issues. Mr. Marlles stated that staff and the subcommittee had reached consensus on three points: (1) there is no reason to delay the rezoning of the llth Street area back to C-2 for the portion of the subject area north of Fairfax Avenue and that the remaining portion of llth Street, south of Fairfax Avenue, should remain CN (Neighborhood Commercial) until further studies are completed ; (2) the llth Street commercial district would be impacted by the proposed improvements to 10th Street and that the zoning pattern on llth Street, as well as the rest of the 10th Street corridor, will have to be re-evaluated as the plans firm up; and (3) the Planning Commission should schedule a workshop in the next several months to discuss the 10th Street and 2nd Street highway projects. Commission members discussed the need to evaluate the impact of the highway projects on the surrounding land use and zoning pattern and agreed to schedule a workshop toward the end of February. Issues: Zoning is presently CN, Neighborhood Commercial District. Area was rezoned from C-2, General Commercial District to CN, Neighborhood Commercial District, as part of a comprehensive revision to the City's zoning ordinance in 1987. Thirteen (13) of the twenty (20) existing businesses in the area are non-conforming uses in the CN zone. The majority of existing nonconforming businesses are located north of Fairfax Avenue. Zoning in the surrounding neighborhood is a combination of RM-1, Residential Multifamily, Low Density District, and RM-2, Residential Multifamily, Medium Density District. Land use along llth Street corridor between Orange Avenue and Centre Avenue include a variety of commercial establishments and some limited residential development. The majority of commercial establishments in the district are dependent on market support from beyond the immediate neighborhood. Land uses in the surrounding neighborhood include a combination of single family homes and duplexes. There are also several small multifamily structures. C. Utilities are available and adequate. Traffic is not a problem. The planned improvements to 10th Street will lessen traffic congestion in the area by eliminating through traffic. Neighborhood to the east and west is primarily a mixture of single family homes and duplexes. There are a number of vacant lots and boarded up structures in the vicinity of the proposed rezoning. Comprehensive Plan recommends that neighborhood commercial centers be encouraged where appropriate and feasible, in areas where market support and local access and visibility are available. III. Alternatives: A. City Council approve the rezoning request. Zonin~ becomes C-2, General Commercial District in the subject area north of Fairfax Avenue. Majority of existing non-conforming commercial establishments become conforming and can expand. A wider range of commercial uses would be permitted to locate in the area. Area south of Fairfax Avenue remains CN, Neighborhood Commercial. Planning staff will continue to study the area to determine if additional zoning amendments are needed. Land use becomes general commercial serving the needs of an area larger than the immediate neighborhood. 3. Utilities are available. Traffic is not a problem. The proposed improvements to 10th Street and revised traffic pattern will lessen traffic congestion in the area. Se Neighborhood impact would be minimal. Additional business development is needed to help revitalize this older commercial district. The buffering and landscaping requirements of the zoning ordinance will help buffer residential uses in the surrounding neighborhood. 6. Comprehensive plan would be followed. B. City Council deny the rezoning. Zoning remains CN. Existing non-conforming businesses remain unable to expand. New commercial development is limited to establishments which serve the needs of the immediate neighborhood. 2. Land use remains unchanged. 3. Utilities would be unaffected. 4. Traffic would not be an issue. 5. Neighborhood would not be affected. 6. Comprehensive Plan could still be followed. IV. Recommendation: By a vote of 6-0 (Mrs. Goode absent) the Planning Commission recommends approval of the proposed rezoning. The proposed rezoning will encourage revitalization of the llth Street commercial district by permitting the majority of existing non-conforming commercial establishments to expand and by encouraging a wider variety of commercial establishments to locate in the area. The Commission noted the need to continue to study the area in order to determine if additional amendments are needed. JTT: JRM: f cc: Assistant city Attorney Director of Public Works City Engineer Building Commissioner Respectfully submitted, Michael M. Waldvogel, ChaPman Roanoke City Planning Commission r~c~&L~ Cl \ LOCA ~, ~. ,o,,,,~.~, RI;ZONING VIRGINIA IN THE COUNCIL OF THE CITY OF ROANOKE RE: Rezoning of the following parcels of land ) located in the northwest area of the City ) on Eleventh Street, Fairfax, Orange, and ) Madison Avenues, and Moorman Road, Official ) Tax Nos. 2110104-2110106, inclusive; 2110108,) 2110201-2110204, inclusive; 2120309-2120311, ) inclusive; 2120803-2120809, inclusive;2120317) 2121201, 2121203-2121207, inclusive; 2121216,) 2221414-2221416, inclusive; 2222108, 2222116-) 2222119,inclusive; 2222110, 2222903-2222906, ) inclusive; 2121801, and 2222911 from CN, ) Neighborhood Commercial District, to C-2, ) General Commercial District. ) SECOND AMENDED PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: Having moved to do so at its meeting on December 6, 1989, pursuant to the requirements of Sec. 15.1-491, Code of Virginia (1950), as amended, and Sec. 36.1-619, Code of the City of Roanoke (1979), as amended, the Planning Commission of the City of Roanoke respectfully files this Petition to Rezone and would state the following: 1. The Planning Commission has considered land uses, zoning and development trends in this area of the City. The Planning Commission concludes that zoning of the subject properties should be consistent with the existing land uses and that the present CN, Neighborhood Commercial District zoning is not appropriate. 2. Pursuant to the provisions of Article VII of Chapter 36.1 of the Code of the City of Roanoke (1979), as amended, the Planning Commission requests that the parcels of land bearing the official tax numbers listed above, lying in the northwest area of the City, be rezoned from CN, Neighborhood Commercial District, to C-2, General Commercial District. The owners of these parcels of land are identified in Exhibit A attached hereto. 3. It is submitted that the rezoning of the subject tract will further the intent and the purpose of the City's zoning regulations and its comprehensive plan and will further the general welfare and good zoning practices by (1) making the existing use of the subject property consistent with the proper zoning category for that type use; (2) encouraging additional commercial development to locate in an economically distressed area; and (3) ensuring that the subject property will be used in the future in a manner that will not negatively impact adjoining residential properties. 4. As this rezoning entails more than 25 parcels of land, adjoining property owner notification is not required as set out in Sec. 15.1-431, Code of Virginia (1950), as amended. WHEREFORE, the Planning Commission of the City of Roanoke requests the subject property be rezoned to C-2, General Commercial District, and that the City's zoning maps be amended accordingly. Respectfully submitted, ROANOKE CITY PLANNING COMMISSION Chairman 2110104 2222911 2121201 2121204 2121205 2110105 2110108 2110106 9110201 2110202 2110203 2110204 2120309 2120310 2120311 2120317 EXHIBIT A Earl H. Rogers 604 Eleventh Street, NW Roanoke, VA 24017 Kenneth Haley 416 Eleventh Street, Roanoke, VA 24017 Roland H. Malone, Sr. 7035 Poindexter Lane Roanoke, VA 24019 Hamlar-Curtis Funeral Home P. O. Box 6128 Roanoke, VA 24017 Malcolm M. Rosenberg Mildred A. Rosenberg P. O. Box 1078 Salem, VA 24153 Emma C. Johnson 501 Eleventh Street, NW Roanoke, VA 24017 Roger S. Johns 2206 Patterson Avenue, SW Roanoke, VA 24016 2120801 2120803 2120804 Dodson Brothers Exterminating P. O. Box 10249 Lynchburg, VA 24506 2120805 Wendell H. Butler Susie S. Butler 2118 Andrews Road, Roanoke, VA 24017 2120807 2120808 2222117 Liberty Investment Corp. c/o Wayne Ayers 5893 Campbell Drive Salem, VA 24153 2120806 Richard M. Daniel, Jr. 715 Eleventh Street, NW Roanoke, VA 24017 2120809 Fred Howard and Byron Webb c/o Carl L. Alexander 1731 Carroll Avenue, NW Roanoke, VA 24016 2121206 Commonwealth of Virginia 2121207 Edward E. Wiggins 2121216 P.O. Box 6067 Roanoke, VA 24017 2121203 Ellis J. Moses, Executor 619 Eleventh Street, NW Roanoke, VA 24016 2221414 Russell M. Colston Geneva F. Colston 1111 Orange Avenue, NW Roanoke, VA 24017 2221415 2221416 Hughes Brothers Home for Adults 1101 Orange Avenue, NW Roanoke, VA 24017 2222108 Conny Oil Inc. c/o Coy Bowling 2430 Roanoke Avenue, Roanoke, VA 24015 SW 2222110 Robert J. Ferrell Linda Y. Ferrell 1701 Angus Road, NW Roanoke, VA 24017 2222116 Helen R. Huddleston Route 2, Box 408 Moneta, VA 24121 2222118 2222904 2222905 2222906 2222119 2222903 Joe Everett 2802 Kirkland Drive, Roanoke, VA 24017 Walker Fence and Handrail 724 Eleventh Street, NW Roanoke, VA 24012 Trustees, Holiness Tabernacle Christ 1126 Melrose Avenue, NW Roanoke, VA 24017 Church of God in Office of the City Clerk February 26, 1990 Hr. Michael M. Waldvogel, City Planning Commission 3526 Penarth Road, S. ~. Roanoke, Virginia 24011 Chairman Dear ~r. ~aldvogel: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant the request of the City Planning Commission, that the following par- cels of land located in the northwest area of the City on Eleventh Street, Fairfax, Orange and ~adison Avenues, and ~oorman Road, N. W., identified as Official Tax Nos. 2110104 - 2110106, inclusive; 2110108, 2110201-2110204, inclusive; 2120309-2120311, inclusive; 2120803 2120809, inclusive; 2120317, 2121201, 2121203-2121207, inclusive; 2121216, 2221414-2221416, inclusive; 2222108, 2222116-2222119, inclusive; 2222110, 2222903-22229~6, inclusive; 2121801 and 2222911 be rezoned from CN, Neighborhood Commercial District, to C-2, General Commercial District. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, ~arch 12, 1990, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W. For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the rezoning, which notice and Ordinance were prepared by the City Attorney's Office. Please review the Ordinance and if you have questions, you may contact Mr. Steven J. Talevi, Assistant City Attorney, at 981-2431. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: r a PUBLIC29C Room~56 MunicipalBuildincj 215Chu[ch ~venue,$ W Roano~e,V~rginia 2~,011 (703)g8~2541 Mr. Michael M. ~aldvogel February 26, 1990 Page 2 pc: Mr. Earl H. Rogers, 604 Eleventh Street, N. ~., Virginia 24017 Mr. Kenneth Haley, 416 Eleventh Street, N. ~., Virginia 24017 Mr. Roland H. Malone, Sr., 7035 Poindexter Lane, Roanoke, Virginia 24019 Hamlar-Curtis Funeral ~ome, P. O. Box 6128, Virginia 24017 Mr. & Mrs. Malcolm M. Rosenberg, p. O. Box 1078, Salem Virginia 24153 Ms. Emma C. Johnson, 501 Eleventh Street, N. ~., Roanoke Virginia 24017 Mr. Roger S. Johns, 2206 Patterson Avenue, S. ~., Roanoke, Virginia 24016 Dodson Brothers Exterminating, p. O. Box 10249, Lynchburg, Virginia 24506 Dr. & Mrs. ~endell H. Butler, 2118 Andrews Road, N. ~., Roanoke, Virginia 24017 Liberty Investment Corporation, c/o Mr. ~ayne Ayers, Campbell Drive, Salem, Virginia 24153 Mr. Richard M. Daniel, Jr., 715 Eleventh Street, Roanoke, Virginia 24017 Mr. Fred Howard and Mr. ~yron Webb, c/o Mr. Alexander, 1731 Carroll Avenue, N. W., Roanoke, 24016 Mr. Edward 24017 Mr. Ellis E. Wiggins, P. O. Box 6067, Roanoke, 619 Eleventh Street, 1111 Orange Avenue, Roanoke, Roanoke Roanoke J. Moses, Executor, N. Roanoke, Virginia 24016 Mr. & Mrs. Russell M. Colston, N. Roanoke, Virginia 24017 Hughes Brothers Home for Adults, 1101 Orange Avenue, N. W., Roanoke, Virginia 24017 Conny Oil Inc., c/o Mr. Coy Bowling, 2430 Roanoke Avenue, S. ~., Roanoke, Virginia 24015 Mr. & Mrs. Robert J. Ferrell, 1701 Angus Road, N. ~., Roanoke, Virginia 24017 Ms. Helen R. Huddleston, Route 2, Box 408, Moneta, Virginia 24121 Mr. Joe Everett, 2802 Kirkland Drive, N. W., Roanoke, Virginia 24017 ~alker Fence and Handrail, 724 Eleventh Street, N. ~., Roanoke, Virginia 24012 Trustees, Holiness Tabernacle Church of God in Christ, 1126 Melrose Avenue, N. W., Roanoke, Virginia 24017 ~893 N. W., Carl L. Virginia Virginia Mr. Michael M. Waldvogel February 26, 1990 Page 3 pc: Mr. Clarence Turpin, 1105 Melrose Avenue, N. W., Roanoke, Virginia 24017 Ms. Florine Thornhill, President, Northwest Neighborhood Environmental Organization, 819 Centre Avenue, Roanoke, Virginia 24016 Mr. ~ayne G. ~trickland, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. ~. Robert Herbert, City Manager Mr. ~ilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. Von ~. Moody, III, Director of Real Estate Valuation Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Hr. Charles M. Huffine, City Engineer Mr. Ronald H. Hiller, Building Commissioner and Zoning Administrator Hr. John R. Marlles, Agent/Secretary, City Planning Commission Ms. Ooris Layne, Office of Real Estate Valuation Am~ NUMBER - 2211119I PUBLISHER'S FEE - ~109,SJ CITY OF ROANOKE C/O MARY E PARKER CITY CLERKS OFFICE ROOM 456 MUNICIPAL ~LDG ROANOKE VA 24011 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATIUH I, {THE UNDERSIGNEO} AN AUTHORIZED REPRESENTATIVE OF THE TIMES-WORLD COK- PORATION, WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES & WORLD-NE~S, A DAILY NEWSPAPER PUBLISHED IN ROANOKEt IN THE STATE OF VIRGiNIAt DO CERTIFY THAT THE ANNEXEb NOTICE WAS PU~LISHEO IN SAID NEWSPAPERS ON THE FOLLU.ING D~TES 02/23/90 MORNING 03/02/90 MORNING WlTNESS~ )'HI..~_STH .DAY OF MARCH 1990 AUTHORIZED SlCNATURE (11#1) NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, March 12, 1990, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on the question of rezoning from CN, Neighborhood Commercial District, to C-2, General Com- mercial District, the following property: A number of parcels of land located in the northwest area of the City on Eleventh Street, Fairfax, Orange, and Madison Avenues, and Moorman Road, N. W., and bearing Official Tax Nos. 2110104-2110106, inclusive; 2110108, 2110201-2110204, inclusive; 2120309-2120311, inclusive; 2120803-2120809, inclusive; 2120317, 2121201, 2121203-2121207, inclusive; 2121216, 2221414-2221416, inclusive; 2222108, 2222116-2222119, inclusive; 2222110, 2222903-2222906, inclusive; 2121801 and 2222911. A copy of the Office of parties in interest may appear on the above the question. GIVEN under my hand this 21st day of this proposal is available for public inspection in the City Clerk, Room 456, Municipal Building. All date and be heard on February , 1990. Mary F. Parker, City Clerk Please publish in full twice, once once on Friday, March 2, 1990, in Morning Edition. on Friday, February 23, 1990, the Roanoke Times & World News, Please send publisher's affidavit and bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 and Office of the City Clerk February 22, 1990 File #51 The Honorable Mayor and ~embers of the Roanoke City Council Roanoke, Virginia Dear ~rs. Bowles and Gentlemen: Pursuant to Resolution No. 25523 adopted by the Council on ~onday, April 6, 1981, this is to advise you that I have set a public hearing for Monday, ~arch 12, 1990, at 7:30 p.m., on the following matter: (i) Request of the City Planning Commission, repre- sented by Mr. ~ichael M. Waldvogel, Chairman, that parcels of land located in the northwest area of the City on Eleventh Street, Fairfax, Orange and Madison Avenues, and ~oorman Road, N. W., described as Official Tax Nos. 2110104-2110106, inclusive; 2110108, 2110201 2110204, inclusive; 2120309 2120311, inclusive; 2120803-2120809, inclusive; 2120317, 2121201, 2121203-2121207, inclusive; 2121216, 2221414 - 2221416, inclusive; 2222108, 2222116-2222119, inclusive; 2222110, 2222903 2222906, inclusive; 2121801 and 2222911 be rezoned from CN, Neighborhood Commercial District, to C-2, General Commercial District. For your information, I am enclosing copy of the City Planniag Commission report on the abovedescribed rezoning. If you desire additional information prior to the public hearing, please do not hesitate to call me. Sincerely, ~ary F. Parker, City Clerk CMC/AAE MFP:ra PH.LET2 Enc. pc: ~r. W. Robert Herbert, City Massager Mr. Earl B. Reynolds, Jr., Assistant City Manager Mr. Steven J. Talevi, Assistant City Attorney Room456 Muoicipa/Building 215Church Aveou~.$ W ~oanok~,Vi~gima 24011 Office of the City Clerk February 8, 1990 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear ~rs. Bowles and Gentlemen: Pursuant to my communication under date of January 25, 1990, you were advised that I had set a public hearing on Monday, February 12, 1990, at 7:30 p.m., on the request of the City Planning Commission that the following parcels of land located in the northwest area of the City on Eleventh Street, Fairfax, Orange and Madison Avenues, and Moorman Road, Official Tax Nos. 2110104-2110106, inclusive; 2110108, 2120803-2120809, inclusive; 2121201, 2121203-2121207, inclusive; 2121216, 2221414-2221416, inclusive; 2222108, 2222116-2222119, inclusive; 2222110, 2222903-2222906, inclusive; and 2222911 be rezoned from CN, Neighborhood Commercial District, to C-2, General Commercial District. It has come to my attention that the legal notice of public hearing contained an error in the zoning classification; there- fore, I have been advised by the City Attorney that it will be necessary to readvertise and reschedule the public heariag for Monday, March 12, 1990, at 7:30 p.m., or as soon thereafter as the matter may be heard by the Council. With kindest personal regards, I am MFP:ra PUBLIC29B pc: Sincerely yours, Mary F. Parker, CMC City Clerk Mr. ~. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Room 456 Municipal Building 215Church Avenue.$ W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk February 7, 1990 Mr. Michael M. Waldvogel, Chairman City Planning Commission 3526 Penarth Road, S. W. Roanoke, Virginia 24011 Dear Mr. Waldvogel: Pursuant to my communication under date of January 25, 1990, you were advised that the Council of the City of Roanoke would hold a public hearing on ~onday, February 12, 1990, at 7:30 p.m., on the request of the City Planning Commission that the following par- cels of land located in the northwest area of the City on Eleventh Street, Fairfax, Orange and Madison Avenues, and Moorman Road, Official Tax Nos. 2110104-2110106, inclusive; 2110108, 2120803-2120809, inclusive; 2121201, 2121203-2121207, inclusive; 2121216, 2221414-2221416, inclusive; 2222108, 2222116-2222119, inclusive; 2222110, 2222903-2222906, inclusive; and 2222911 be rezoned from CN, Neighborhood Commercial District, to C-2, General Commercial District. It has come to my atteation that the legal notice of public hearing contained an error in the zoning classification; there- fore, I have been advised by the City Attorney that it will be necessary to reschedule the public hearing for ~onday, ~arch 12, 1990, at 7:30 p.m., or as soon thereafter as the matter may be heard by the Council. If you have questions, please do not hesitate to call me at 981-2541. MFP:ra PUBLIC29A Enc. Sincerely, · Parker, CMC~I City Clerk Room 456 Municipal Building 215 Chinch Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 Mr. Michael M. Waldvogel February 7, 1990 Page 2 pc: Mr. Earl H. Rogers, 604 Eleventh Street, N. W., Roanoke, Virginia 24017 Mr. Kenneth Haley, 416 Eleventh Street, N. ~., Roanoke, Virginia 24017 Mr. Roland H. Malone, Sr., 7035 Poindexter Lane, N. ~., Roanoke, Virginia 24019 Hamlar-Curtis Funeral Home, P. ©. Box 6128, Roanoke, Virginia 24017 Mr. & Mrs. Malcolm M. Rosenberg, P. ©. Box 1078, Salem, Virginia 24153 Ms. Emma C. Johnson, 501 Eleventh Street, N. ~., Roanoke, Virginia 24017 Hr. Roger S. Johns, 2206 Patterson Avenue, S. W., Roanoke, Virginia 24016 Dodson Brothers Exterminating, p. 0. Box 10249, Lynchburg, Virginia 24506 Dr. & Mrs. Wendell H. Butler, 2118 Andrews Road, N. Roanoke, Virginia 24017 Liberty Investment Corporation, c/o Mr. Wayne Ayers, 5893 Campbell Drive, Salem, Virginia 24153 Mr. Richard M. Daniel, Jr., 715 Eleventh Street, N. ~., Roanoke, Virginia 24017 Mr. Fred Howard and Mr. Byron ~ebb, c/o Mr. Carl L. Alexander, 1731 Carroll Avenue, N. ~., Roanoke, Virginia 24016 Mr. Edward E. Wiggins, P. O. Box 6067, Roanoke, Virginia 24017 Mr. Ellis J. Moses, Executor, 619 Eleventh Street, N. ~., Roanoke, Virginia 24016 Mr. & Mrs. Russell M. Colston, 1111 Orange Avenue, N. ~., Roanoke, Virginia 24017 Hughes Brothers Home for Adults, 1101 Orange Avenue, N. ~., Roanoke, Virginia 24017 Conny Oil Inc., c/o Mr. Coy Bowling, 2430 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. & Mrs. Robert J. Ferrell, 1701 Angus Road, N. ~., Roanoke, Virginia 24017 Ms. Helen R. Huddleston, Route 2, Box 408, Moneta, Virginia 24121 Mr. Joe Everett, 2802 Kirkland Drive, N. W., Roanoke, Virginia 24017 Walker Fence and Handrail, 724 Eleventh Street, N. ~., Roanoke, Virginia 24012 Trustees, Holiness Tabernacle Church of God in Christ, 1126 Melrose Avenue, N. ~., Roanoke, Virginia 24017 Mr. Michael M. Waldvogel February 7, 1990 Page 3 pC: Mr. Clarence Turpin, 1105 Melrose Avenue, N. W., Roanoke, Virginia 24017 Ms. Florine Thornhill, President, Northwest Neighborhood Environmental Organization, 819 Centre Avenue, N. W., Roanoke, Virginia 24016 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, P. 0. Box 2569, Roanoke, Virginia 24010 Mr. ~. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. Von W. ~oody, III, Director of Real Estate Valuation Mr. L. Elwood Norris~ Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles ~. Huffine, City Engineer Mr. Ronald B. Miller, Building Commissioner and Zoning Administrator ~r. John R. Marlles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation AY) ~UMSER 12~083~1 PUSLISHER'S FEE ~iOb.20 CITY OF ROANOKE C/O MARY F PARKER CITY CLERKS OFFICE ROOM ~50 MUNICIPAL ROANOKE VA 2~011 STATE OF VIRGINIA CIlY OF ROANOKE AFFIDAVIT OF PUBLICATION It (FH~ UNOERSIGNED) AN AUTHORIZED REPRESENTATIVE CF THE TIMES-WORLD COR- PORATION, WHICH CORPORATION Is PUbLiSHER OF T~E ROANOKE TIMES & ~ERLU-NEWS, A OAILY NEWSPAPER PUBLISHED IN ROANOKE, IN THE SFAT~ OF VIRGINIA~ DC CERTIFY IHAT THE ANNEXED NOTICE mAS PUBLISHED IN SAID NEWSPAPERS ON FHE FOLLOWING DATES 01/20/90 MORNING 02/02/90 MORNING wlTNESS~ AUTHORIZED SIGNATURE ~H under my ~ t#l~ J4th NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, February 12, 1990, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on the question of rezoning from CN, Neighborhood Commercial District, to C-l, Office District, the following property: A number of parcels of land located in the northwest area of the City on Eleventh Street, Fairfax, Orange, and Madison Avenues, and Moorman Road, N. W., and bearing Official Tax Nos. 2110104-2110106, inclusive; 2110108, 2110201-2110204, inclusive; 2120309-2120311, inclusive; 2120317, 2120801, 2120803-2120809, inclusive; 2121201, 2121203-2121207, inclusive; 2121216, 2221414- 2221416, inclusive; 2222108, 2222116-2222119, inclusive; 2222110, 2222903-2222906, inclusive; and 2222911. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 24th day of January , 199--0. Mary F. Parker, City Clerk Please publish in full twice, once on Friday, January 26, 1990, and once on Friday, February 2, 1990, 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 January 25, 1990 Mr. ~ichael ~. Waldvogel, Chairman City Planning Commission 3526 Penarth Road, S. ~. Roanoke, Virginia 24011 Dear ~r. Waldvogel: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant the request of Mr. ~ichael M. Waldvogel, Chairman, City Planning Commission, that the following parcels of land located in the northwest area of the City on Eleventh Street, Fairfax, Orange and Madison Avenues, and ~oorman Road, Qfficial Tax Nos. 2110104-2110106, inclusive; 2110108, 2120803-2120809, inclusive; 2121201~ 2121203-2121207, inclusive; 2121216~ 2221414-2221416, inclusive; 2222108, 22221~6-2222119, inclusive; 2222110, 2222903-2222906, inclusive; and 2222911 be rezoned from CN, Neighborhood Commercial District, to Co2, General Commercial District. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for ~onday, February 12, 1990, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor of the ~unicipal Building, 215 Church Avenue, S. ~. For your information, I am also enclosing copy of a notice of the public hearing. Questions with regard to the City Planning Commission report should be directed to Mr. John R. ~arlles, Chief of Community Planning, at 981o2344. Mary F. Parker, CMC City Clerk MFP: ra PUBLIC29 Eric . Room456 MunicipalBuilding 215Chulch Avenue, S.W Roanoke, Virginia 2~,011 (703)981 2541 Mr. Michael M. Waldvogel January 25, 1990 Page 2 pc: Roanoke, Roanoke, N. W., Roanoke, Mr. Earl H. Rogers, 604 Eleventh Street, Virginia 24017 Mr. Kenneth Haley, 416 Eleventh Street, N. W., Virginia 24017 Mr. Roland H. Malone, Sr., 7035 Poindexter Lane, Roanoke, Virginia 24019 Hamlar-Curtis Funeral Home, P. 0. Box 6128, Virginia 24017 Mr. & Mrs. Malcolm M. Rosenberg, P. O. Box 1078, Salem, Virginia 24153 Ms. Emma C. Johnson, 501 Eleventh Street, N. W., Roanoke, Virginia 24017 Mr. Roger S. Johns, 2206 Patterson Avenue, S. W'., Roanoke, Virginia 24016 Dodson Brothers Exterminating, P. 0. Box 10249, Lynchburg, Virginia 24506 Dr. & Mrs. Wendell H. Butler, 2118 Andrews Road, N. Roanoke, Virginia 24017 Liberty Investment Corporation, c/o Mr. Wayne Ayers, Campbell Drive, Salem, Virginia 24153 Mr. Richard M. Daniel, Jr., 715 Eleventh Street, Roanoke, Virginia 24017 Mr. Fred Howard and Mr. Byron Webb, c/o Mr. Alexander, 1731 Carroll Avenue, N. W., Roanoke, 24016 Mr. Edward E. Wiggins, P. O. Box 6067, Roanoke, 24017 Mr. Ellis J. Moses, Executor, 619 Eleventh Street, Roanoke, Virginia 24016 Mr. & Mrs. Russell M. Colston, 1111 Orange Avenue, Roanoke, Virginia 24017 5893 N. W., Carl L. Virginia Virginia N. ~. 1126 Hughes Brothers Home for Adults, 1101 Orange Avenue, Roanoke, Virginia 24017 Conny Oil Inc., c/o Mr. Coy Bowling, 2430 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. & Mrs. Robert J. Ferrell, 1701 Roanoke, Virginia 24017 Ms. Helen R. Huddleston, Route 2, Box 408, 24121 Mr. Joe Everett, 2802 Kirkland ~rive, Virginia 24017 Walker Fence and Handrail, 724 Eleventh Roanoke, Virginia 24012 Trustees, Holiness Tabernacle Church of God in Christ, Melrose Avenue, N. W., Roanoke, Virginia 24017 Angus Road, N. W. Moneta, Virginia N. W., Roanoke, Street, N. ~., Mr. Michael M. ~aldvogel January 25, 1990 Page 3 pc: Mr. ~ayne G. Strickland, Executive Director, Fifth Planning District Commission, P. 0o Box 2569~ Roanoke~ Virginia 24010 Mr. ~. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. Von ~. Moody, III, Director of Real Estate Valuation Mr. Michael M. ~aldvogel, Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. ~illiam F. Clark, Director of Public ~orks Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. John Ro Marlles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation Roanoke City Planning Commission February 12, 1990 The Honorable Noel C. Taylor, and Members of City Council Roanoke, Virginia Mayor Dear Members of Council: Subject: Request from the Roanoke City Planning Commission that properties in the northwest area of the City on Eleventh Street, Fairfax, Orange, and Madison Avenues, and Moorman Road be rezoned from CN, Neighborhood Commercial District to C-2, General Commercial District. I. Background: Purpose of the rezoning is to promote the general welfare and good zoning practice by providing a zoning category in the llth Street commercial area which is consistent with existing land use and will facilitate additional development in the area. Subject area (see attached maps) was rezoned from C-2, General Commercial District to CN, Neighborhood Commercial District in 1987 as part of the comprehensive revision to the City's zoning ordinance. Development of neighborhood commercial centers is a key element of the comprehensive plan's commercial development strategy. The intent of the CN zone is to provide for a range of retail and service establishments which meet the needs of the immediate neighborhood. Eleventh Street commercial area includes many businesses which depend on market support from areas outside the immediate neighborhood. Under the current CN zoning, many of the businesses are non-conforming and unable to expand. Since the effective date of the current CN zoning only four new businesses have started up in the subject area. Six commercial structures in the subject area are presently vacant. 355 Municipal Building 215 Churah Avenue S W Roanoke, Virginia 24011 (703) 98 t-2344 Plannin~ and Buildin~ Departments have received numerous requests from businesses and property owners to rezone the area back to C-2. Signed statements (attached) from seven (7) business and property owners supportive of such a rezoning were received by the Planning Department as of the writing of this report. Neighborhood organization, Northwest Neighborhood Environmental Organization, has been notified of the proposed rezoning. The organization is supportive of any changes which will permit expansion of existing commercial establishments and encourage revitalization of the area. Planning Commission public hearing was held on January 3, 1990. Mr. John Marlles, Chief of Community Planning, gave the staff report on the matter. Mr. Marlles stated that the area was rezoned from C-2 to CN in 1987 as part of the comprehensive update to the City's zoning ordinance. Mr. Marlles noted that staff has been contacted by a number of property owners in the area over the past several years who would like to have their properties rezoned back to C-2. In response to these requests, the Planning staff had conducted a land use survey which indicated that the majority of existing businesses in the subject area were nonconforming under the current CN zoning category. In recommending approval, Mr. Marlles noted that rezoning the area back to C-2 would facilitate new development in the area by permitting a wider range of commercial establishments to locate in the area. Mrs. Florine Thornhill (President of the Northwest Neighborhood Environmental Organization) appeared before the Commission to encourage the Planning Commission to incorporate more citizen participation in the planning process for rezoning. Mr. Clarence Turpin, a business owner in the llth Street area, appeared before the Commission to express his support for the proposed rezoning of the area back to C-2. Mr. Turpin noted he had collected signatures from a number of property owners in the llth Street area who were also in support of the rezoning. Mr. Price raised several concerns he had with the rezoning, including the impact the rezoning would have on the surrounding neighborhood and the impact of the proposed improvements to 10th Street. The Commission agreed to table the matter until January 17, 1990, in order to give staff and a subcommittee of the Commission an opportunity to work on the issues. Planning Commission public hearing continued to January 17, 1990. Mr. Marlles noted that the Ordinance and Names Subcommittee had met on January 10, 1990, to define and discuss the issues. Mr. Marlles stated that staff and the subcommittee had reached consensus on three points: (1) there is no reason to delay the rezoning of the llth Street area back to C-2 for the portion of the subject area north of Fairfax Avenue and that the remaining portion of llth Street, south of Fairfax Avenue, should remain CN (Neighborhood Commercial) until further studies are completed ; (2) the llth Street commercial district would be impacted by the proposed improvements to 10th Street and that the zoning pattern on llth Street, as well as the rest of the 10th Street corridor, will have to be re-evaluated as the plans firm up; and (3) the Planning Commission should schedule a workshop in the next several months to discuss the 10th Street and 2nd Street highway projects. Commission members discussed the need to evaluate the impact of the highway projects on the surrounding land use and zoning pattern and agreed to schedule a workshop toward the end of February. II. Issues: Zoning is presently CN, Neighborhood Commercial District. Area was rezoned from C-2, General Commercial District to CN, Neighborhood Commercial District, as part of a comprehensive revision to the City's zoning ordinance in 1987. Thirteen (13) of the twenty (20) existing businesses in the area are non-conforming uses in the CN zone. The majority of existing nonconforming businesses are located north of Fairfax Avenue. Zoning in the surrounding neighborhood is a combination of RM-1, Residential Multifamily, Low Density District, and RM-2, Residential Multifamily, Medium Density District. Land use along llth Street corridor between Orange Avenue and Centre Avenue include a variety of commercial establishments and some limited residential development. The majority of commercial establishments in the district are dependent on market support from beyond the immediate neighborhood. Land uses in the surrounding neighborhood include a combination of single family homes and duplexes. There are also several small multifamily structures. C. Utilities are available and adequate. Traffic is not a problem. The planned improvements to 10th Street will lessen traffic congestion in the area by eliminating through t~affic. Neighborhood to the east and west is primarily a mixture of single family homes and duplexes. There are a number of vacant lots and boarded up structures in the vicinity of the proposed rezoning. comprehensive Plan recommends that neighborhood commercial centers be encouraged where appropriate and feasible, in areas where market support and local access and visibility are available. III. Alternatives: A. City Council approve the rezoning request. Zonin~ becomes C-2, General Commercial District in the subject area north of Fairfax Avenue. Majority of existing non-conforming commercial establishments become conforming and can expand. A wider range of commercial uses would be permitted to locate in the area. Area south of Fairfax Avenue remains CN, Neighborhood Commercial. Planning staff will continue to study the area to determine if additional zoning amendments are needed. Land use becomes general commercial serving the needs of an area larger than the immediate neighborhood. 3. Utilities are available. Traffic is not a problem. The proposed improvements to 10th Street and revised traffic pattern will lessen traffic congestion in the area. Neighborhood impact would be minimal. Additional business development is needed to help revitalize this older commercial district. The buffering and landscaping requirements of the zoning ordinance will help buffer residential uses in the surrounding neighborhood. 6. Comprehensive plan would be followed. City 1. Council deny the rezoning. Zoning remains CN. Existing non-conforming businesses remain unable to expand. New commercial development is limited to establishments which serve the needs of the immediate neighborhood. 2. Land use remains unchanged. 3. Utilities would be unaffected. 4. Traffic would not be an issue. Neighborhood would not be affected. Comprehensive Plan could still be followed. IV. Recommendation: By a vote of 6-0 (Mrs. Goode absent) the Planning Commission recommends approval of the proposed rezoning. The proposed rezoning will encourage revitalization of the llth Street commercial district by permitting the majority of existing non-conforming commercial establishments to expand and by encouraging a wider variety of commercial establishments to locate in the area. The Commission noted the need to continue to study the area in order to determine if additional amendments are needed. JTT:JRM:f cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Respectfully submitted, Michael M. Waldvogel, ChaPman Roanoke City Planning Commission VIRGINIA IN ~IE COUNCIL OF THE CI'i~2' OF ~/~IOKE' RE: Rezoning of the following parcels of land ) located in the northwest area of the City ) on Eleventh Street, Fairfax, Orange, and ) Madison Avenues, and Moorman Road, Official ) Tax Nos. 2110104-2110106, inclusive; 2110108,) 2120803-2120809, inclusive; 2121201, 2121203-) 2121207, inclusive; 2121216, 2221414-2221416,) inclusive; 2222108, 2222116-2222119, ) inclusive; 2222110, 2222903-2222906, ) inclusive; and 2222911 from CN, Neighborhood ) Commercial District, to C-2, General ) Commercial District. ) AMENDED PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: Having moved to do so at its meeting on December 6, 1989, pursuant to the requirements of Sec. 15.1-491, Code of Virginia (1950), as amended, and Sec. 36.1-619, Code of the City of Roanoke (1979), as amended, the Planning Commission of the City of Roanoke respectfully files this Petition to Rezone and would state the following: 1. The Planning Commission has considered land uses, zoning and development trends in this area of the City. The Planning Commission concludes that zoning of the subject properties should be consistent with the existing land uses and that the present CN, Neighborhood Commercial District zoning is not appropriate. 2. Pursuant to the provisions of Article VII of Chapter 36.1 of the Code of the City of Roanoke (1979), as amended, the Planning Commission requests that the parcels of land bearing the official tax numbers listed above, lying in the northwest area of the City, be rezoned from CN, Neighborhoo~ Commercial District, to C-2, General Commercial District. The owners of these parcels of land are identified in Exhibit A attached hereto. 3. It is submitted that the rezoning of the subject tract will further the intent and the purpose of the City's zoning regulations and its comprehensive plan and will further the general welfare and good zoning practices by (1) making the existing use of the subject property consistent with the proper zoning category for that type use; (2) encouraging additional commercial development to locate in an economically distressed area; and (3) ensuring that the subject property will be used in the future in a manner that will not negatively impact adjoining residential properties. 4. As this rezoning entails more than 25 parcels of land, adjoining property owner notification is not required as set out in Sec. 15.1-431, Code of Virginia (1950), as amended. WHEREFORE, the Planning Commission of the City of Roanoke requests the subject property be rezoned to C-2, General Commercial District, and that the City's zoning maps be amended accordingly. Respectfully submitted, ROANOKE CITY PLANNING COMMISSION By: 2110104 2222911 2121201 2121204 2121205 2110105 2110108 2110106 2110708 2110709 2110710 2110719 2110720 2111214 2111215 2111224 2111225 2111710 EXHIBIT A Earl H. Rogers 604 Eleventh Street, NW Roanoke, VA 24017 Kenneth Haley 416 Eleventh Street, NW Roanoke, VA 24017 Roland H. Malone, Sr. 7035 Poindexter Lane Roanoke, VA 24019 Robert L. Payne 1102 Fairfax Avenue, Roanoke, VA 24017 Kenneth Haley Andrea Haley 179 Forest Circle Salem, VA 24153 Courtney Building Associates c/o Calloway, Chambers and Payne 1102 Fairfax Avenue, NW Roanoke, VA 24017 Clydie Belle Legans 1101 Gilmer Avenue, Roanoke, VA 24017 Napoleon & Maggie Jones Gregory Jones 2142 Holly Lane Daleville, VA 24083 Troy L. Berry Bertha L. Berry 1105 Loudon Avenue, NW Roanoke, VA 24017 Nannie Mae Houchins c/o D. S. Houchins, Jr. 11417 Bayard Drive Mitchelliville, MD 20716 Curtis E. Fuller 1942 Brandon Avenue, Roanoke, VA 24015 SW 2111711 2111712 2111801 2111802 2111301 2111302 2111311 2110801 2110809 2110810 2110818 2110201 2110202 2110203 2110204 2110309 2120310 2120311 2120317 Barbara M. Bowe, et als c/o Bob Geverkian 3968 Sterling Road, SE Roanoke, VA 24014 Commonwealth of Virginia -Escheat Earl R. Rose 3958 Brambleton Avenue, SW Roanoke, VA 24015 Jake E. Saker Victoria M. Saker 718 Twelfth Street, Roanoke, VA 24016 SW Pauline S. Wood 1648 Michael Street, NW Roanoke, VA 24017 Thomas C. Webb Mildred R. Webb 4236 Roy Drive, SW Roanoke, VA 24014 William L. Ingram Addelene H. Ingram 3411 Oliver Road, NE Roanoke, VA 24012 Christine Davis 127 Wildhurst Avenue, Roanoke, VA 24012 NE Wallace Fisher 3895 Old Stevens Road, Roanoke, VA 24017 Hamlar-Curtis Funeral Home P. O. Box 6128 Roanoke, VA 24017 Malcolm M. Rosenberg Mildred A. Rosenberg P. O. Box 1078 Salem, VA 24153 Emma C. Johnson 501 Eleventh Street, Roanoke, VA 24017 Roger S. Johns 2206 Patterson Avenue, SW Roanoke, VA 24016 2120801 2120803 2120804 2120805 2120807 2120808 2222117 2120806 2120809 2121206 2121207 2121216 2121203 2221414 2221415 2221416 2222108 2222110 2222116 Dodson Brothers Exterminating P. O. Box 10249 Lynchburg, VA 24506 W~ndell H. Butler Susie S. Butler 2118 Andrews Road, NW Roanoke, VA 24017 Liberty Investment Corp. c/o Wayne Ayers 5893 Campbell Drive Salem, VA 24153 Richard M. Daniel, Jr. 715 Eleventh Street, NW Roanoke, VA 24017 Fred Howard and Byron Webb c/o Carl L. Alexander 1731 Carroll Avenue, NW Roanoke, VA 24016 Commonwealth of Virginia Edward E. Wiggins P. O. Box 6067 Roanoke, VA 24017 Ellis J. Moses, Executor 619 Eleventh Street, NW Roanoke, VA 24016 Russell M. Colston Geneva F. colston 1111 Orange Avenue, Roanoke, VA 24017 Hughes Brothers Home for Adults 1101 Orange Avenue, NW Roanoke, VA 24017 Conn¥ Oil Inc. c/o Coy Bowling 2430 Roanoke Avenue, Roanoke, VA 24015 SW Robert J. Ferrell Linda Y. Ferrell 1701 Angus Road, NW Roanoke, VA 24017 Helen R. Huddleston Route 2, Box 408 Moneta, VA 24121 2222118 2222904 2222905 2222906 Joe Everett 2802 Kirkland Drive, Roanoke, VA 24017 2222119 Walker Fence and Handrail 724 Eleventh Street, NW Roanoke, VA 24012 2222903 Trustees, Holiness Tabernacle Christ 1126 Melrose Avenue, NW Roanoke, VA 24017 Church of God in \ LOCATION 5 SUBJECT: Petition to Change Zoning at 1105 Helrose Avenue, N.W. Only to Change Zoning £or the 5th, 6th and ? Hundred Blocks of llth Street, N.W., Roanoke, VA 24017. Per Map Attached. Mr. Ron Miller Building Commissioner and Zoning Administrator City of Roanoke 215 Church Avenue, S.W. Room 170 Roanoke, VA 2~011-15~2 Dear Mr. Miller: being the owner of property located at Tax ID # have no objections to Clarence ~uTpln, III, owner of Sound Tach Used Cars located at 1105 Melrose Avenue, N. W., Roanoke, VA 24017, Tax property owner being Joe L. Everett, having said property located at 1105 Melrose Avenue, N. W., Roanoke, VA, rezoned from CN to C2 for that location only Or the Sth, 6th and 7 hundred blocks of llth street, N. N., Koanoke, VA. beths rezonad to C2. ' Sign.d Witnessed ~L-+~-~' ~ SUBJECT: Pet{tEen to Change Zoning at 1105 Melrose Avenue, N.W. Only or to Change Zoning for the 5th, 6th and 7 Hundred Blocks of llth Street, N.W., Roanoke, VA 2~017. Per Map Attached. Mr. Ron Miller Building Co~issioner and Zoning Administrator City of Roanoke 215 Church Avenue, S.W. Room 170 Roanoke, VA 24011-1502 Dear Mr. Miller: being the owner of property located at Tax ID ~ have no objections to Clarence Tur~in, III, owner of Sound Tech Used Cars located at 1105 Melrose Avenue, N. W., Roanoke, VA 2~017, Tax ID ~ property owner being Joe L. Everett, having said property located at 1105 Melrose Avenue, N. W., Roanoke, VA, rezoned from CN to C2 for that location only or the 5th, 6th and 7 hundred blocks of llth street, N. W., Roanoke, VA., be{nE rezoned to C2. SUBJECT: Petitlon to Chan§e Zoning at 1105 Melrose Avenue, N.W. Only to Chan~e Zoning for the Sth, 6th and 7 Hundred Blocks of llth Street, N.W., Roanoke, VA 2a017. Per Map Attached. Mr. Ron Miller Building Co~nissloner and Zoning Administrator City of Roanoke 215 Church Avenue, S.W. Room 170 Roanoke, VA 24011-1592 Dea~ Mr. Miller: being the ownec of pcoperty located at fz rr / Tax ID # have no objections to Clarence Turin, III, owne~ of Sound Tech Used Ca~s located at Il05 Melrose Avenue, N. W., Roanoke, VA 240~?, Tax ID ~ p~operty owner being Joe L. Everett, having said property located at 1105 Melrose Avenue, N. W., Roanoke, VA, rezoned from CN to C2 for that locatlon only or the 5th, ~th and 7 hundred blocks of llth street, N. W. Roanoke, VA. being rezoned to C2. ' ' SUBJECT: Petition to Change Zoning at 1105 Melrose Avenue, N.W. Only or to Change Zoning for the 5th, 6th and 7 Hundred Blocks of llth Street, N.W., Roanoke, VA 24017. Per Map Attached. Mr. Ron Miller Build~ng Commissioner and Zoning Administrator City of Roanoke 215 Church Avenue, S.W. Room l?O Roanoke, VA 24011-1592 Dear Mr. Miller: being the owner of property located at Tax ID # have no objections to Clarence Tu~pin, III, owner of Sound Tach Used Cars / located at 1105 Melrose Avenue, N. W., Roanoke, VA 26017, Tax ID~ property owner being Joe L. Everett, having said property located at 1105 Melrose Avenue, N. W., Roanoke, VA, rezoned fuom CN to C2 for that location only or the 5th, 6th and 7 hundred blocks of llth street, N. w. Roanoke, VA., being rezoned to C2. , SUBJECT: Petftfon to ChanEe ZonfnE at 1105 Melrose Avenue, N.W. Only or to Chan~e ZonfnE for the 5th, 6th and 7 Hundred Blocks of llth StTeet, N.W., Roanoke, VA 2a01?. PeT Map Attached. Mr. Ron Mfller BulldfnE Co~mfssfoner and Zonfn~ AdmfnfstTator Cfty of Roanoke 215 Church Avenue, S.W. Room 170 Roanoke, VA 2~011-1592 DeaT Mr. Mfller: befn$ the owner of pTopeTty located et Tax ID ~ have no objectfons to ClaTence Tu~pfn, I~I, owneT of Sound Tech Used CaTs located at 1105 MalTose Avenue, N. W., Roanoke, VA 2~017, Tax ID ~ pTopert¥ owneT berne Joe L. EveTett, havfnE safd pTopeTt¥ located at 1105 MelTose Avenue, N. W., Koanoke, VA, cezoned fTom CN to C2 loc that locatfon only or the 5th, 6th and ? hundTed blocks of llth stTeet, N. W., Roanoke, VA., beths cezoned to C2. SUBJECT: Petition to Chanse Zonin~ at 1105 Melrose Avenue, N.W. Only or to Change Zonin~ for the 5th, 6th and ? Hundred Blocks of llth Street, N.W., Roanoke, VA 2~017. Per Hap Attached. Mr. Ron Miller Bu£1dtng Co~issionec and Zonln~ Administrator City of Roanoke 215 Church Avenue, S.W. Room 170 Rosnoke, VA 2~011-1592 Dear Mr. Miller: belnE the owner of property located at Tax ID # have no objections to Clarence Turin, III, owner of Sound Tach Used Cars located at 1105 Melrose Avenue, N. W., Roanoke, VA 2~017, Tax ID s3~?~// property owner bein~ Joe L. Everett, havin~ said property located at ll05 Melrose Avenue, N. W., Roanoke, VA, rezoned from CN to C2 for that location only oc the 5th, 6th and 7 hundred blocks of llth street, N. W., Roanoke, VA. beln$ cozened to C2. ' SUBJECT: Petition to Change Zoning at 1105 Melrose Avenue, N.W. Only or to Change Zoning for the 5th, 6th and 7 Hundred Blocks of llth Street, N.W., Roanoke, YA 2~017. Per Map Attached. Mr. Ron Miller Build{ng Co~mlssloner and Zoning Administrator City of Roanoke 215 Church Avenue, S.W. Room Roanoke, VA 24011-1592 Dear Mr. Miller: I~,~]/~//]~)/~ ~-~/~/~7'~.~ being the o~er of property located at Tax ID # have no objections to Clarence Tu~pln, III, owner of Sound Tech Used Cars located at ll05 Melrose Avenue, N. W., Roanoke, VA 24017, Tax ID ~ property owner being Joe L. Everett, having said property located at 1105 Melrose Avenue, N. W., Roanoke, VA, rezoned from CN to C2 for that location only or the 5th, 6th and 7 hundred blocks of lith street, N. W. Roanoke, VA., being rezoned to C2. ' Witness~ - -~ / ' SUBJECT: Petition to Chan§e Zonln~ at 1105 Melrose Avenue, N.W. Only or to Chanse Zonln~ for the 5th, 6th and 7 Hundred Blocks of llth Street, N.W., Roanoke, VA 2~017. Per Map Attached. Mr. Ron Miller Build{n~ Co~issloner and Zon{nB Administrator City of Roanoke 215 Church Avenue, S.W. Room l?0 Roanoke, VA 2~011-~$92 Dear Mr. Miller: I ~/~/AF/~ ~-'. ~j'~T/~/".~T~ baing tho owner of property located at Tax ID ~ have no objections to Clarence Turpin, III, owner of Sound Tach Used Cars located at il05 Melrose Avenue, N. W., Roanoke, VA 2~0~?, Tax ID ~ property owner being Joe L. Everett, having ~ald property located at 1105 Melrose Avenue, N. W., Roanoke, VA, rezoned ~rom CN to C2 for that location only or the 5th, 6th and 7 hundred blocks of llth street, N. W., Roanoke, VA., being rezoned to C2. SUBJECT: Petition to Change Zoning at 1105 Melrose Avenue, N.W. Only or to Chanse Zoning loc the 5th, 6th and ? liundred Blocks of llth Street, N.W., Roanoke, VA 24017. Pe~ Map Attached. Mr. Ron Miller Building Cor~nissioner and Zoning Adminlst=ator City of Roanoke 215 Church Avenue, S.W. Room 170 Roanoke, VA 2~011-1592 Dear Mr. Miller: being the owner of property located et Tax ID # have no objections to Clarence Turin, III, owner of Sound Tech Used Cars located at 1105 Melrose Avenue, N. 9;., Roanoke, VA 24017, Tax ID ~ puoperty owne~ being Joe L. Eve=ett, havin~ said p=opecty located at ~105 Melrose Avenue, N. W., Roanoke, VA, rezoned from CN to C2 ~o= that location only o~ the 5th, 6th and ~ hundred blocks of ~th street, N. W., Roanoke, VA. being uezoned ~o C2. , q SUBJECT: Petition to Change Zoning at 1105 Melrose Avenue, N.W. Only or to Change Zoning for the 5th, 6th and 7 Hundred Blocks of llth Street, N.W., Roanoke, VA 24017. Par Hap Attached. Mr. Ron Miller Building Con~issloner and Zoning Administrator City of Roanoke 215 Church Avenue, Room 170 Roanoke, VA 24011-1592 Dear Mr. Hiller: being the owner of property located at 7// C7; / / Tax ID # 7 have no objections to Clarence ~[n, III, o~er of Sound Tach Used Cars located at 1105 Melrose Avenue, N. W., Roanoke, VA 2~017, Tax ID ~~____ property o~er being Joe L. Everett, having said property located at 1105 Melrose Avenue, N. W., Roanoke, VA, rezoned from ~ to C2 for that location only or the 5th, 6th and 7 hundred blocks of llth street, N. W. Roanoke, VA., being rezoned to C2. ' SUBJECT: Petition to Change Zonin$ at 1105 Helrose Avenue, N.W. Only or to Chanse Zoning for the 5th, 6th and ? Hundred Blocks of llth Street, N.W., Roanoke, VA 24017. Per Map Attached. Mr. Ron Hiller Building CmmaEssioner and Zoning Administrator City of Roanoke 215 Church Avenue, S.W. Roma 170 Roanoke, VA 24011-1592 Dear Mr. Miller: I ~T~)~:7 /._, '~'/~-~'TT being the owner of property located et ,4 /X 46/ z'. Tax ID # ?0 ,./ have no objections to Clarence Turpin, III, owner of Sound Tech Used Cars located st ll0$ Melrose Avenue, R. W., Roanoke, VA 24017, Tax ID ~ property owner being Joe L. Everett, having said property located at 1105 Melrose Avenue, N. W., Roanoke, VA, rezoned from CN to C2 for that locatLon only or the Sth, 6th end ? hundred blocks of llth street, R. W. Roanoke, VA., being rezoned to C2. , Date SUBJECT: Petltion to Change Zoning at 1105 Melrose Avenue, N.W. Only or to Chan~e zoning for the 5th, 6th and ? l{undced Blocks of llth Street, N.W., Roanoke, VA 24017. Per Map Attached. Mr. Ron Miller Build[ns Commissioner and Zoning Administrator City of Roanoke 215 church Avenue, S.W. Room l?0 Roanoke, VA 2a011-1592 Dear Mr. Miller: beins the owner of property located at Tax ID # have no objections to Clarence ~{n, III, owner of Sound Tech Used Cars located at ll05 Melrose Avenue, N. W., Roanoke, VA 24017, Tax ID ~ property owner bein~ Joe L. Everett, having said property located et 1105 Melrose Avenue, N. W., Roanoke, VA, rezoned from ~ to C2 for that location only or the 5th, 6th and ? hundred blocks of llth street, N. w., Roanoke, VA., belng rezoned to C2. ~:~~~ WEtness SUBJECT: Petition %o Change Zonlng at ll05 Melrose Avenue, N.N. Onky or to Change Zoning for the 5th, 6th and ? Hundred Blocks of llth Street, N.W., Roanoke, VA 2~017. Per Hap Attached. Mr. Ron Hiller Building commissioner and Zonlng Adminlstrator City Of Roanoke 215 Chuuch Avenue, S.W. Room 170 Roanoke, VA 21011-1592 Dear have no objectlons to Clarence TurpLn, III, owner of Sound Tech U~ed ca~ located at ll05 Melrose Avenue, N. N., Roanoke, VA 240~7, Tax ID )~/3~- property owner beLng Joe L. Everett, having said property located at il05 Melrose Avenue, N. W., Roanoke, VA, rezoned from CN to C2 for that location only or the 5th, 6th end ? hundred blocks of llth street, N. W., Roanoke, beln$ uezoned to C2. Date SUBJECT: Petition to Change Zoning at 1105 Melrose Avenue, N.W. Only to Change Zoning £or the 5th, 6th and 7 Hundred Blocks of llth Street, N.W., Roanoke, VA 26017. Per Hap Attached. Mr. Ron Miller Bu£1dtng Co~issioner and Zoning Administrator City of Roanoke 215 Church Avenue, S.W. Room 170 ~oa~ke, VA 2~011-1592 Mr. Miller: Tax ID # have no objections to Clarence Tur~in, III, owner of Sound Tach Used Car~ located at 1105 Melrose Avenue, N. W., Roanoke, VA 2aOl?, Tax ID~.~)?~,~ puoperty owner being Joe L. Everett, having said property located at 1105 Melrose Avenue, N. W., Roanoke, VA, uezoned f~om CN to C2 for that location only or the 5th, 6th and 7 hundced blocks o£ ilth stceet, N. W., Roanoke, VA., being cezoned to C2. Wi~ness~ Dats_/ ~ SUBJECT: Peri%ion to Change Zoning at 1105 Melrose Avenue, N.W. Only or to Change Zoning for the 5th, 6th and 7 Hundred Blocks Of llth Street, N.W., Roanoke, VA 2~017. Per Hap Attached. Mr. Ron Miller Buildlng Con~[ssioner and Zonins Administrator City of Roanoke 215 Church Avenue, Room l?O Roanoke, VA 2a011-i592 Dear Mr. Hiller: Tax ID # have no objections to Clarence Tut'pin, III, owner of Sound Tach Used Cars located at 1105 Melrose Avenue, N. W., Roanoke, VA 2a0i?, Ta~ property owner be[nS Joe L. Everett, having said property located at 1105 Melrose Avenue, N. W., Roanoke, VA, rezoned from CN to C2 for that location only or the 5th, 6th and ? hundred blocks of llth street, N. W., Roanoke, VA., being rezoned to C2. Wit~~ Da~ ~ SUBJECT: Petition to Change Zoning at 1105 Melrose Avenue, N.W. Only or to Change Zoning for the 5th, 6th and ? Hundred Blocks of llth Street, N.W., Roanoke, VA 24017. Per Map Attached. Mr. Ron Miller Building Cor~aissioner and Zoning Administrator City of Roanoke 215 Church Avenue, S.W. Room 170 Roanoke, VA 24011-1592 Dear Mr. Miller: being the owner of property located at Tax ID # have no objections to Clarence Turpln, III, owner of Sound Tach Used Cars located at 1105 Melrose Avenue, N. W., Roanoke, VA 24017, Tax ID ~.9,).9//~g property owner being Joe L. Everett, having said property located at 1105 Melrose Avenue, N. W., Roanoke, VA, rezoned from CN to C2 for that location only or the 5th, 6th and 7 hundred blocks of llth street, N. W., Roanoke, VA., being rezoned to C2. Signed Witnessed~ Date Office of the City Clerk January 19, 1990 File #51 Hr. John R. Marlles Agent/Secretary City Planning Commission Roanoke, Virginia Dear Ur. Marlles: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition from Mr. Michael M. Waldvogel, representing the City Planning Commission, requesting that the following parcels of land located in the northwest area of the City on Eleventh Street, Fairfax, Orange and Madison Avenues, and Moorman Road, Official Tax Nos. 2110104-2110106, inclusive; 2110108, 2120803-2120809, inclusive; 2121201, 2121203-2121207, inclusive; 2121216, 2221414-2221416, inclusive; 2222108, 2222116-2222119, inclusive; 2222110, 2222903-2222906, inclusive; and 2222911 be rezoned from CN, Neighborhood Commercial District, to C-2, General Commercial District. Sincerely, Mary F. Parker, CMC City Clerk MFP : ra REZONE29 Enc. pc: Hr. Michael M. ~aldvogel, Chairman, City Planning Commission, 3526 Penarth Road, S. W., Roanoke, Virginia 24011 Mr. Ronald H. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Room456 MunicipalBuilding 215Church Avenue, S,W. Roanoi(e, Virginia 24011 (703)981-25al RE: Request to rezone parcels of land on llth Street, Fairfax, Orange and Madions Avenues, and Moorman Road, N.W., from CN, Neighborhood Commercial District, to C-2, General Commercial District. Pursuant to Section 15.1-431, Code of Virginia (1950), as amended, no adjoining property owner notification is required on petitions entailing more than 25 parcels. Therefore, no affidavit was prepared for the above-referenced rezoning which consisted of over 40 parcels of land. Marth~~ Franklin, Recording Secretary Roanoke City Planning Commission Office of the City Clerk December 18, 1989 Mr. John R. Marlles Agent/Secretary City Planning Commission Roanoke, Virginia Dear Mr. Marlles: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Mr. Michael M. Waldvogel~ representing the City Planning Commission, requesting that the following parcels of land located in the northwest area of the City on Eleventh and Twelfth Streets, Fairfax, Orange, Loudon and Gilmer ~venues, and Moorman Road, Official Tax Nos. 2110104-2110106, inclusive; 2110108 2110708-2110710, inclusive; 2110719, 2110720, 2111214, 2111215 2111224, 2111225, 2111710-2111712, inclusiYe; 2111801, 2111802 2111311, 2111301, 2111302, 2110809, 2110810, 2110818, 2110801 2110201-2110204, inclusive; 2120309-2120311, inclusive; 2120317 2120801, 2120803-2120809, inclusive; 2121201, 2121203-2121207 inclusive; 2121216, 2221414-2221416, inclusive; 2222108 2222116-2222119, inclusive; 2222110, 2222903-2222906, inclusive and 2222911 be rezoned from CN, Neighborhood Co~ercial District, to C-2, General Commercial District. Sincerely, ~ary F. Parker, C~C City Clerk MFP:ra REZONE29 pc: ~r. Michael M. Waldvogel, Chairman, City Planning Co~mission, 3526 Penarth Roan, S. W., Roanoke, Virginia 24011 ~r. Ronald H. ~iller, Zoning Administrator ~r. Steven J. Talevi, Assistant City Attorney Room 456 Municipal Building 215 Church Avenue, S.w. Roanoke, Virginia 24011 (70;1) 981-2541 VIRGINIA RE: IN THE COUNCIL OF THE CITY OF ~QA~QK~ - Rezoning of the following parcels of land located in the northwest area of the City on Eleventh and Twelfth Streets, Fairfax, Orange, Loudon and Gilmer Avenues, and Moorman Road, Official Tax Nos. 2110104-2110106, inclusive; 2110108, 2110708-2110710, inclusive; 2110719, 2110720, 2111214, 2111215, 2111224, 2111225, 2111710-2111712, inclusive; 2111801, 2111802, 2111311, 2111301, 2111302, 2110809, 2110810, 2110818, 2110801, 2110201-2110204, inclusive; 2120309-2120311, inclusive; 2120317, 2120801, 2120803-2120809, inclusive; 2121201, 2121203-2121207, inclusive; 2121216, 2221414-2221416, inclusive; 2222108, 2222116-2222119, inclusive; 2222110, 2222903-2222906, inclusive; and 2222911 from CN, Neighborhood Commercial District, to C-2, General Commercial District, TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: Having moved to do so at its meeting on December 6, 1989, pursuant to the requirements of Sec. 15.1-491, Code of Virginia (1950), as amended, and Sec. 36.1-619, Code of the City of Roanoke (1979), as amended, the Planning Commission of the City of Roanoke respectfully files this Petition to Rezone and would state the following: 1. The Planning Commission has considered land uses, zoning and development trends in this area of the City. The Planning Commission concludes that zoning of the subject properties should be consistent with the existing land uses and that the present CN, Neighborhood Commercial District zoning is not appropriate. 2. Pursuant to the provisions of Article VII of Chapter 36.1 of the Code of the City of Roanoke (1979), as amended, the Planning Commission requests that the parcels of land bearing the official tax numbers listed above, lying in the northwest area of the City, be rezoned from CN, Neighborhood Commercial District, to C-2, General Commercial District. The owners of these parcels of land are identified in Exhibit A attached hereto. 3. It is submitted that the rezoning of the subject tract will further the intent and the purpose of the City's zoning regulations and its comprehensive plan and will further the general welfare and good zoning practices by (1) making the existing use of the subject property consistent with the proper zoning category for that type use; (2) encouraging additional commercial development to locate in an economically distressed area; and (3) ensuring that the subject property will be used in the future in a manner that will not negatively impact adjoining residential properties. 4. As this rezoning entails more than 25 parcels of land, adjoining property owner notification is not required as set out in Sec. 15.1-431, Code of Virginia (1950), as amended. WHEREFORE, the Planning Commission of the City of Roanoke requests the subject property be rezoned to C-2, General Commercial District, and that the City's zoning maps be amended accordingly. Respectfully submitted, ROANOKE CITY PLANNING COMMISSION 2110104 2222911 2121201 2121204 2121205 2110105 2110108 2110106 2110708 2110709 2110710 2110719 2110720 2111214 2111215 2111224 2111225 2111710 EXHIBIT A Earl H. Rogers 604 Eleventh Street, NW Roanoke, VA 24017 Kenneth Haley 416 Eleventh Street, NW Roanoke, VA 24017 Roland H. Malone, Sr. 7035 Poindexter Lane Roanoke, VA 24019 Robert L. Payne 1102 Fairfax Avenue, NW Roanoke, VA 24017 Kenneth Haley Andrea Haley 179 Forest Circle Salem, VA 24153 Courtney Building Associates c/o Calloway, Chambers and Payne 1102 Fairfax Avenue, NW Roanoke, VA 24017 Clydie Belle Legans 1101 Gilmer Avenue, Roanoke, VA 24017 Napoleon & Maggie Jones Gregory Jones 2142 Holly Lane Daleville, VA 24083 Troy L. Berry Bertha L. Berry 1105 Loudon Avenue, Roanoke, VA 24017 Nannie Mae Houchins c/o D. S. Houchins, Jr. 11417 Bayard Drive Mitchelliville, MD 20716 Curtis E. Fuller 1942 Brandon Avenue, Roanoke, VA 24015 SW 2111711 2111712 2111801 2111802 2111301 2111302 2111311 2110801 2110809 2110810 2110818 2110201 2110202 2110203 2110204 2110309 2120310 2120311 2120317 Barbara M. Bowe, et als c/o Bob Geverkian 3968 Sterling Road, SE Roanoke, VA 24014 Commonwealth of Virginia -Escheat Earl R. Rose 3958 Brambleton Avenue, Roanoke, VA 24015 SW Jake E. Saker Victoria M. Saker 718 Twelfth Street, Roanoke, VA 24016 SW Pauline S. Wood 1648 Michael Street, NW Roanoke, VA 24017 Thomas C. Webb Mildred R. Webb 4236 Roy Drive, SW Roanoke, VA 24014 William L. Ingram Addelene H. Ingram 3411 Oliver Road, NE Roanoke, VA 24012 Christine Davis 127 Wildhurst Avenue, NE Roanoke, VA 24012 Wallace Fisher 3895 Old Stevens Road, Roanoke, VA 24017 Hamlar-Curtis Funeral Home P. O. Box 6128 Roanoke, VA 24017 Malcolm M. Rosenberg Mildred A. Rosenberg P. O. Box 1078 Salem, VA 24153 Emma C. Johnson 501 Eleventh Street, Roanoke, VA 24017 Roger $. Johns 2206 Patterson Avenue, Roanoke, VA 24016 SW 2120801 2120803 2120804 2120805 2120807 2120808 2222117 2120806 2120809 2121206 2121207 2121216 2121203 2221414 2221415 2221416 2222108 2222110 2222116 Dodson Brothers Exterminating P. O. Box 10249 Lynchburg, VA 24506 Wendell H. Butler Susie S. Butler 2118 Andrews Road, Roanoke, VA 24017 Liberty Investment Corp. c/o Wayne Ayers 5893 Campbell Drive Salem, VA 24153 Richard M. Daniel, Jr. 715 Eleventh Street, NW Roanoke, VA 24017 Fred Howard and Byron Webb c/o Carl L. Alexander 1731 Carroll Avenue, NW Roanoke, VA 24016 Commonwealth of Virginia Edward E. Wiggins P. O. Box 6067 Roanoke, VA 24017 Ellis J. Moses, Executor 619 Eleventh Street, NW Roanoke, VA 24016 Russell M. Colston Geneva F. Colston 1111 Orange Avenue, NW Roanoke, VA 24017 Hughes Brothers Home for Adults 1101 Orange Avenue, NW Roanoke, VA 24017 Conny Oil Inc. c/o Coy Bowling 2430 Roanoke Avenue, Roanoke, VA 24015 SW Robert J. Ferrell Linda Y. Ferrell 1701 Angus Road, NW Roanoke, VA 24017 Helen R. Huddleston Route 2, Box 408 Moneta, VA 24121 2222118 2222904 2222905 2222906 2222119 2222903 Joe Everett 2802 Kirkland Drive, Roanoke, VA 24017 Walker Fence and Handrail 724 Eleventh Street, NW Roanoke, VA 24012 Trustees, Holiness Tabernacle Church of Christ 1126 Melrose Avenue, NW Roanoke, VA 24017 God in Office of the City Clerk March 21, 1990 File #2-207-166 Mr. W. Robert Herbert City ,Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 29971-31990 authorizing the lease of a certain house and cabin located on a 115.0-acre parcel of land located in the Roanoke Centre of Industry and Technology to Mr. Wade Douthat, upon certain terms and conditions. Ordinance No. 29971-31990 was adopted by the Council of the City of Roanoke on first reading on Monday, .~arch 12, 1990, also adopted by the Council on second reading on Monday, ~arcil 19, 1990, and will take effect ten days following the date of its second reading. ~ Sincerely, I ~4ary F. Parker, C~C/~4AE City Clerk MFP:ra Enc o pc: Mr. Alton B. Prillaman, ,~ttorney, P. O. 8ox 2865, Roanoke, Virginia 24001 ~r. Joel M. Schlanger, Director of Finance Ms. Deborah J. Moses, Chief of Billings and Collections Hr. ~illiam F. Clark, Director of Public ~orks Mr. Richard V. Hamilton, Real Estate Agent Mr. Brian J. Wishneff, Chief of Economic Development Mr. Kit B. Kiser, Director of Utilities and Operations Room456 MunicipaiBuilding 215Chulch AvenuerS W Roanoke. Virginia 2,~011 (703)981 2541 IN THE COUNCIL OF THE CITY OF ROANOKE, lhe 19th day of March, 1990. No. 29971-31990. VIRGINIA, AN ORDINANCE authorizing the lease of certain City-owned pro- perty consisting of an existing house and cabin located in the Roanoke Centre for Industry and Technology to Wade Douthat, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City ~anager and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, a lease of a certain house and cabin located on a liS.O-acre parcel located in the Roanoke Centre of Industry and Technology to Wade Douthat, for a five (5) month term commencing April 1, 1990, and ending August 31, 1990, at a monthly rental of $1,000.00, such rental payments to be made at the beginning of each month, commencing April, 1990, on a month-to-month basis, terminable by either par%y upon thirty (30) days written notice, with tenant to pay all utilities and mainte- nance of the dwellings, to provide appropriate types and levels of insurance, indemnify the City, its officers, agents and employees from any and all liability, and permit the Cigy unlimited access during the term of the tenancy, and upon such other terms and con- ditions as may be deemed appropriate, as more particularly set forth in the report to this Council dated March 12, 1990. ATTEST: City Clerk. Virgtni~'~'_ ~ , Roanoke, March 12, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Lease of City-Owned Property RCIT - Wade Douthat I. Backsround: 140.427 acre Douthat Farm was purchased by City on October 10, 1989. Previous request for rent of 115.0 acres of Douthat Farm under certain terms and conditions is to be considered by City Council on March 12, 1990. Chairman of the Water Resources Committee has agreed that this request could be submitted directly to Council as a companion report to the request to lease grazing land. II. Current Situation: mo Request to lease house on property until September 1, 1990 has been received from Wade Douthat (see attached letters). Subsequent negotiations have resulted in the following suggested provisions for both the house and cabin (with right to sublease) located on the property recently purchased. i. Lease to commence April 1, 1990. ii. Lease fee to be $1,000 per month. Lease will be on a month-to-month basis terminal at the right of the City with 30 days written notice. iV. Mr. Douthat will pay for all utilities and maintenance of the dwellings. Mr. Douthat will provide appropriate types and levels of insurance, indemnify the City, its agents and employees and allow reasonable access to the house and the cabin. Page 2 vi. Mr. Douthat may sublease the cabin, subject to the above conditions with the form of sublease being subject to approval by the City Attorney. III. Recon~nendation: City Council authorize rental of the house and cabin, under above conditions, to Mr. Douthat by lease in form approved by the City Attorney. Respectfully submitted, City Manager WRH:KBK:afm Attachment CC: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations Chief, Economic Development Chief of Billings & Collections Real Estate Agent Alton B. Prillaman, Esq., Jolly, Place, Fralin & Prillaman, P.C. LAW OFFIC£$ JOLLY, PI~CE, FR^LIN & PRILI~MAN, ROANOKE, VIRGINIA 24018 ROANOKE~ VIRGINIA February 21, 1990 Mr. Kit Kiser Director of Utilities and Operations Municipal Building Roanoke, VA 24011 Re: Wade Douthat RECLCVED DIRECTOR'S OFF " ICE Dear Kit: As per our conversation, and as I have indicated, Mr. Douthat has contracted for the purchase of a house in which to move his family. The difficulty for him is that he cannot move in until approximately August of 1990. Accordingly, Mr. Douthat would like to lease, for a period to be no later than September 1, 1990, the dwelling in which he is now occupying but owned by the City as per our previous agreement. You suggested a lease of four hundred dollars a month which is agreeable, and in addition, of course, Mr. Douthat would insure, agree to indemnify, allow access at all reasonable time, and in short, agree to all reasonable covenants that would protect the City's interest. In addition, Mr. Douthat would pay the utilities and maintenance of the dwelling. The City would also have the right for Mr. Douthat to move from the dwelling after giving him thirty days' notice. Thank you for your courtesy in this matter and I hope the city will act favorably upon this req~/est. gpm C: Wade Douthat Sincerely, JOLLY, PLACE, FRALIN & PRILLAF~%N, Alton B. Prillaman PoCo LAW OFFICES dOlLY, PLACE, FRALIN & PRILLAMAN, P.C. ROANOK='~ VIRGINIA 24001 SALEM, VA, 24153 February 27, 1990 Mr. Kit Kiser Director of Utilities and Operations Municipal Building Roanoke, VA 24011 Re: Wade Douthat Dear Kit: This will confirm our conversation of Monday, February 26, 1990, wherein our proposal for the Douthat house was amended to include the tenant house also for a rental of $1,000.00 per month, to commence in April of 1990 and not to extend past August 31, 1990, with the terminal at will provision after 30 days. The other covenants that we discussed, indemnity, access, etc., will of course be included. Thank you for our cooperation herein. gpm JOLLY, Sincerely, PLACE, FRALIN & PRILLAMAN, P.C. Alton B. Prillaman Office of the City Clerk Uarch 21, 1990 File #2-207-166 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 29972-31990 authorizing the lease of certain City-owned property being a 115.0-acre parcel of land located in the Roanoke Centre for Industry and Technology to Yr. Wade Douthat, upon certain terms and conditions. Ordinance No. 29972-31990 was adopted by the Council of the City of Roanoke on first reading on Monday, March 12, 1990~ also adopted by the Council on second reading on Monday, ~arch 19, 1990, and will take effect ten days following the date of its second reading. gincerely, ?J ~ary F. Parker, C~C/.~AE City Clerk MFP:ra Enc. pc: Mr. Alton B. Prillaman, Attorney, P. O. Box 2865, Roanoke, Virginia 24001 ~r. Joel ~. Schlanger, Director of Finance ~s. Deborah J. ~oses, Chief of Billings and Collections Ur. William F. Clark, Director of Public Works Mr. Richard V. Hamilton, Real Estate Agent Ur. Brian J. Wishneff, Chief of Economic Development Ur. Kit B. Kiser, Director of Utilities and Operations IN THE COUNCIL OF TRE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 1990. No. 29972-31990. AN ORDINANCE authorizing the lease of certain City-owned pro- perty being a 11S-acre parcel located in the Roanoke Centre for Industry and Technology to Wade Douthat, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City ~anager and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, a lease of a certain llS.0-acre parcel located in the Roanoke Centre of Industry and Technology to Wade Douthat, commencing April 1, 1990, at a ren- tal of $20.00 per acre per year, prorated so that the monthly pay- ments are to be made at the beginning of each month commencing April 1 on a month-to-month basis, terminable by either party upon thirty (30) days written notice, with tenant to ~aintain all fenc- ing, maintain all vegetation on the property to a height below 12 inches, agreeing to use the property exclusively for agricultural purposes, including the grazing of cattle, and permit the City unlimited access during the term of the tenancy, and upon such other terms and conditions as may be deemed appropriate, as more particularly set forth in the report to this Council dated Larch 12, 1990. ATTEST: City Clerk. R~okM~V-i~ginia. March 12, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Lease of City-Owned Property R.C.I.T. - Wade Douthat The attached staff report was considered by the Water Resources Committee at its meeting on February 26, 1990. The Committee recommends that Council authorize the lease of 115.0 acres of the Douthat Farm to in accordance with conditions stated in the attached re- Wade Douthat, port. ETB:KBK:afm Attachment CC: Respectfully submitted, Elizabeth T. Bowles, Chairman Water Resources Co~nittee City Manager City Attorney Director of Finance Director of Utilities & Operations Real Estate Agent Director of Public Works Chief, Economic Development Manager, Parks & Recreation/Grounds Alton B. Prillaman, Esq. INTERDEPARTMENTAL CO~OfUNICATION DATE: TO: FROM: RE: February 26, 1990 Member~, Water R~Commlttee ~Mr~Kiser thru Mr. Herbert Lease of City-Owned Property R.C.I.T. - Wade Douthat I. Backsround: Ao 140.427 Acre Douthat Farm purchased by City on 10/2/89 (D.B.1610, pg.205). Property was acquired for industrial development. It is currently undergoing engineering analysis and planning, a process which may take some months to complete. II. Current Situation: Request to lease 115.0 acres of the parcel for agricultural purposes has been received from Wade Douthat (see attached letter). Request contains the following provisions: i. The lease will commence April 1, 1990. ii. The lease amount will be $20.00 per acre per year, prorated so that monthly payments are made the beginning of each month commencing April 1. iii. The lease will be on a month-to-month basis terminal at the right of either party after 30 days' written notice to the other party. iv. At his sole expense, Mr. Douthat will maintain fencing. v. The 115 acres will be used exclusively for agricultural purposes (grazing cattle and perhaps a hay field) vi. The City shall be granted unlimited access during the term of occupancy. vii. Mr. Douthat will keep the vegetation on the property to below 12 inches. Fee offer of $20.00 per acre per year compares favorably to 1987 ordinance establishing $12.00 per acre per year for rental of land for hay mowing at the airport, and has also been verified by conver- sation with Virginia Tech Extension Service that conducted a survey which shows the predominant fee to be in the $15 to $20 range per acre per year for cattle grazing and hay mowing. TO: Members, Water Resources Committee DATE: 2/26/90 PAGE 2 III. Issues: A. Need B, Timin~ C. Indemnification & Public Liability Insurance IV. Alternatives: A. Committee recommend to City Council that it authorize the lease of 115.0 acres of the "Douthat" property to Wade Douthat under certain terms and conditions outlined in II.A (above) and letter attached. Petitioner to prepare legal documentation in a form acceptable to the City Attorney. 1. Need by City for maintenance of property and by Mr. Douthat for farm land is met. 2. Timin~ to authorize by April 1, 1990 is met. 3. Petitioner to indemnify and hold harmless City, its agents and employees, and provide Public Liability Insurance in the amount of $1,000,000. B. Committee not recommend to City Council that it authorize the lease of portions of the "Douthat" property for farm use. 1. Need by City for maintenance, and by petitioner for farm land not met 2. Timin~ to authorize by April 1, 1990 not met. 3. Indemnification and Public Liability Insurance are not an issue. Recommendation: Committee recommend to City Council that it authorize the lease of 115.0 acres of the Douthat Farm to Wade Douthat, in accordance with Alternative "A". WRH/KBK/RVH/eam cc: City Attorney Director of Finance Director of Public Works Chief, Economic Development Manager, Parks & Grounds Alton B. Prillaman, Esq. LAW OFFICES JOLLY, Place, FRALIN & PRILLAMAN, P. C. ROANOKE, VIRGINIA 24018 ROANOKE~ VIRGINIA 24001 SALEM~ VA. 24153 January 29, 1990 Mr. Kit Kiser Director of Utilities and Operations Municipal Building Roanoke, VA 24011 Re: Wade Douthat Dear Kit: This will confirm our conversation and understanding that Wade Douthat will lease from the City of Roanoke 115 acres of the 140 acres, more or less, of his former lands purchased by the City under the following terms and conditions: 1. The lease will commence April 1, 1990. 2. The lease amount will be $20.00 per acre per year, prorated so that monthly payments are made the beginning of each month commencing April 1. 3. The lease will be on a month-to-month basis terminal at the right of either party after 30 days' written notice to the other party. 4. At his sole expense, Mr. Douthat will maintain fencing. 5. The 115 acres will be used exclusively for agricultural purposes (grazing cattle and perhaps a hay field). 6. The City shall be granted unlimited access during the term of occupancy. 7. Mr. Douthat will keep the vegetation on the property to below 12". Mr. Kit Kiser January 29, 1990 Page 2 8. This agreement will be subject to approval by city. Council. Kit, I believe this embraces our entire understanding and I believe it would be advantageous to both the city and Mr. Douthat. As you may or may not know, Mr. Douthat is in the process of buying land for grazing cattle but needs to clear it. In the interim, he does need a place to graze his cattle. To that extent, it would be advantageous to him. The City will have unlimited access and the grazing cattle should keep the vegetation cropped. If they agree to this agreement that Wade agrees to, the City will have income from the property at a rate higher than the going rate for pasture land and it should not affect the city's planning of an industrial center in any way. If you have any questions, please do not hesitate to contact me. Sincerely, JOLLY, PLACE, FRALIN & PRILLAF~%N, P.C. Alton B. Prillaman gpm Office of the City Clerk March 21, 1990 File #91 The Honorable Beverly T. Fitzpatrick, Vice-Mayor, City of Roanoke 10 - 27th Street, S. E. Roanoke, Virginia 24014 Jr. The Honorable Howard E. Musser Member, Roanoke City Council 2767 Wilshire Avenue, S. W. Roanoke, Virginia 24015 Gentlemen: I am enclosing copy of a communication from Mr. Richard W. Robers, Chairman, Roanoke County Board of Supervisors, requesting that Council consider certain modifications to the proposed Consolidation Agreement between Roanoke City and Roanoke County, which communication was before the Council of the City of Roanoke at a regular meeting held on Monday, March 19, 1990. I am also enclosing copy of a communication from Mr. Charles R. gill, Mayor, Town of Vinton, requesting that Council unilaterally not concede to amending the proposed Consolidation Agreement that affects the Town of Vinton, which communication was before the Council on Monday, March 19, 1990. On motion, duly seconded and adopted, the communications were referred to the City's representatives to the Consolidation Negotiating Team for study, report and recommendation to Council. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981 254t The Honorable Beverly T. Fitzpatrick~ Jr. The Honorable Howard E. Musser March 21, 1990 Page 2 pc: The Honorable Richard W. Robers, Chairman, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018-0798 The Honorable Charles R. Hill, Mayor, Town of Vinton, 311 South Pollard Street, Vinton, Virginia 24179 Mr. ~. Robert Herbert, City Manager Mr. ~ilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance A Beautifi4Beginning COUNTY ADMINISTRATOR ELMER C. HODGE March 14, 1990 1979 1986 BOARD Of SUPERVISORS RICHARD W. ROBERS, CHAIRMAN StEVEN ~ MCGRAW. VICE-CHAIRMAN LEE B. EDDY BOB L JOHNSON HARRY C. NICKENS The Honorable Noel C. City of Roanoke 215 Church Avenue Roanoke, Va. 24011 Taylor, Mayor Dear Mayor Taylor: At our meeting on March 13, 1990, the Roanoke County Board of Supervisors voted favorably to forward the attached letter requesting that the Roanoke City Council consider certain modifications to the proposed consolidation agreement between Roanoke County and Roanoke City. The motion passed by a 3-2 vote, with Supervisors Johnson ~nd Nickens dissenting. Because of the importance of thsse issues to the citizens of Roanoke County, I hope that you will respond to my letter by ~arch 31, 1990. If ¥o~ feel thee3 modifications zhould be discussed iD a join~ meeting between the County Board an~ City Council, pleace let me know sO a meeting may be scheduled. I look forward to your response. P.O. BOX 29800 ' ROANOKE. VIRGINIA 24018-0798 ' (703) 772-2004 A Beauti/uIBeginning COUNTY ADMINISTRATOR ELMER C. HODGE March 13, 1990 ALL.AMERIC~ C]TY 1979 1989 BOARD OF SUPERVISORS RICHARD W. ROBER$, CHAIRMAN STEVEN a. MCGRAW, VICE-CHAIRMAN LEE B. EDDY BOB L. JOHNSON HARRY C. NICKEN$ The Honorable Noel C. city of Roanoke 215 Church Avenue Roanoke, Va. 24011 Taylor, Mayor Dear Mayor Taylor: The Roanoke County Board of Supervisors requests that the Roanoke City Council consider the following suggestions for modifying the recent agreement presented to the Circuit Court judges regarding the matter of the consolidation of our two governments. Our reasoning for suggesting these modifications is as follows: The negotiated document %tpon which we agreed is a good document resulting from the give and take of many months of negotiations and we commend the negotiators from both the City and the County. The matter of consolidation, however, ~s v~ry complex and touches certain issues that are very important to certain specific individuals and groups of people. These people will be affected by the outcome of our most important vote relating to the issue of consolidation. Dur~n~ the public meetings on the agreement, many specific issues were brough~ forward by County residents. We are now at the point where the perspective of the entire Board of Supervisors and the entire City Council can be used to modify our agreement with the hope of better satisfying ~he needs of these citizen groups, should consolidation be approved by the voters. No doubt there will be opposition to the agreement, even if modified by all or some of thase suggested changes. However, we have identified three areas which seem to have caused the most vocal opposition to the a~reement. We therefore make these suggestions for modification because most opposition to the current plan was voice~ by specific groups of County residents as they relate to three specific is~u~. P.O. BOX 29800 · ROANOKE. VIRGINIA 24018-0798 · (703) 772-2004 Mayor Taylor Page 2 March 13, 1990 We ask that you seriously consider our suggested modifications to the agreement unless you can explain how such modifications might adversely impact the new RMG if approved by the voters. Again, our reason for these proposed modifications is to make the agreement acceptable to a larger percentage of County residents. Our suggested modifications: Include an equal amount of members from both the current city and u~u ' Co .... ~ on the RMG School Board w!th the provision of a Court appointed tie breaker. Modify the service district concept to revise district boundaries based upon function needs and availability of public utilities, establish guidelines for the creation of such districts, provide for a citizen petition process, revise the tax rate differential, adjust the pro-forma budgets, and amend the election district boundaries crossing the old City-County boundaries and including a mix of urban and rural interests. Citizens in west Roanoke County (Catawba Magisterial District and expansion by the City of Salem) and in east Roanoke County (expansion by the Town of Vinton) should have a vote to decide their future and their form of government. This would allow a subsequent referendum for the residents in west Roanoke County and east Roanoke County if consolidation is approved. Should you wish to discuss this matter of modification to the agreement we will be glad to work with you in scheduling a joint session for that purpose. If agreement is reached on these modifications, we look fo~;ard to jointly submitting same to the judges considering this matter. RWR/mha Richard W. Robers, Chairman Roanoke County Board of Supervisors CHARLES R. HILL Mayor ALL. AMIBICA# TOWN OF VINTON ¥IN?ON, ¥1ROlNI~ ~1~ March 9, 1990 Councilmen ROBERT ALTICE DONALD L. DAVIS RAY G. McCARTY, JR. W. RAY SANDIFER The H~norableNoel C. Taylor, Mayor City of Roanoke 215 Church Avenue, S.W. Roanoke, VA 24011 Dear Mayor Taylor: On this date, I received a copy of the pr~9osed letter advanced dated March 13, 1990, to The Honorable Noel C. Taylor from Chairman of the Roanoke County Board of Supervisors, Richard Robers. It is the position of the Town Council of Vinton that the ConsolidationAgree- ment as approved by the City Council of Roanoke and the Board of Supervisors of Roanoke County, and presented to the Circuit Court of each jurisdiction is the official document governing how consolidation shall occur if approved by referendum in Nov~Woer of this year. It is Vinton Town Council's request that the City Council not unilaterally concede to amending an agreement that af- fects the Town of Vinton. This precipitous action on behalf of the City and County would raise serious concern as to Roanoke City's and Roanoke County's intention as it relates to the Town of Vinton. The Town of Vinton has attempted in good faith to work within the parameters identified by the Board of Supervisors of Roanoke County and Council of Roanoke City to see that the best interests of the Roanoke Valley are ad- dressed. For the Council to undertake the change of this agreement could re- sult in serious consequences that may jeopardize the harmonyoftheRoanoke Valley for years to ccme. Our concerns are also being addressed to the County, as it applies to the Town of Vinton and as it relates to Exhibit D, which is an attachment to that Consolidation Agreement. It is the request of the Vinton Town Council that Roanoke City Council continue to honor our agreement as identified in Roanoke City Resolution No. 299-39-22090 of February 20, 1990. ..~(~) ,~ :,~:, Sincerely, CRH/cr Charles R. Hill Mayor March 21, 1990 File #175 Mr. Wilburn C. Dibling, City Attorney Roanoke, Virginia Jr. Dear Mr. Dibling: I am attaching copy of a communication from Mr. Charles L. Downs, President, Roanoke Sister Cities Corporate Board, requesting that Council adopt a measure that would introduce ~onju, Korea, and Kisumu, Kenya, Roanoke's Sister Cities, to one another, and pro- pose and encourage a Sister City relationship between the two cities, which communication was before the Council of the City of Roanoke at a regular meeting held on Monday, March 19, 1990. On motion, duly seconded and adopted, the communication was referred to you for preparation of the proper measure. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. Charles L. Downs, President, Roanoke Sister Cities Corporate Board, P. 0. Box 136, Roanoke, Virginia 24002 WONJU, KOREA (Since 1964) KISUMU, KENYA (Since 1976) P. O. Box 136, Roanoke, Virginia 24002 March 13, 1990 Mayor Noel C. Taylor 215 Church Avenue, S.W. Roanoke, Virginia 24011 Dear Mayor Taylor: Please note the enclosed resolution which was recently adopted by the Roanoke Sister Cities Corporate Board concerning our effort to link our two sister cities together on their own terms. We believe it will strengthen our sister cities relationships if Wonju and Kisumu have their own link with each other. We have contacted Sister Cities International, and they have indicated that this is an innovative idea and strongly supported by that organization. We have also contacted the memberships of the Sister Cities committees in both Wonju and Kisumu; and they, too, welcome the idea. Both foreign committees have, however, expressed an interest in a formal introduction to each other that they might use to present to their individual civic governing bodies. In that context, the Roanoke Board would like to request that the Roanoke City Council prepare and adopt a resolution that would introduce the foreign cities one to another and propose and encourage a sister cities relationship between them. We on the Roanoke Corporate Board believe such an arrangement would benefit the entire program and strengthen the relationships we nave been building with these fine communities. Thank you for your consideration of this request. Sincerely, Charles L. Downs, President Roanoke Sister Cities Corporate CLD/dm Enclosure Board c: Chairman, Kisumu Group Chairman, Wonju Group WONJU, KOREA (Since 1964) KISUMU, KENYA (Since 1976) P. o. Box 136, Roanoke, Virginia 24002 RESOLUTION Be it resolved that the Roanoke Sister Cities Corporate Board hearby proposes a direct Sister Cities relationship between Wonju, Korea, and Kisumu, Kenya. Be it further resolved that the Roanoke-Wonju-Kisumu Sister Cities Committee hereby endorses that relationship and requests the Roanoke City Council's endorsement to be sent to the cities of Wonju and Kisumu. Be it also resolved that our purpose in this resolution is the further development of the programs and goals of the Sister Cities International. Charles L. Downs, Chairman Roanoke Sister Cities Corporate Board February 8, 1990