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Council Actions 05-14-90
Trout (30038) REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL May 14, 1990 7:30 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. All Present. The invocation will be delivered by Mayor Noel C. Taylor. The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor. The Mayor, Members of the Roanoke City Council, City Manager and City Staff extend a cordial welcome to Ms. Klm Brabham and Junior Girl Scout Troop No. 49 from Belmont Christian Church. Request of Mayor Taylor for an Executive Session to discuss prospective candidates for appointment to the School Board, pur- suant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended; Concil concurred in the request. (7-0) The meeting recessed at 7:45 p.m. The meeting reconvened at 8:20 p.m. Certification of Executive Session. (7-0) Election of two Trustees to the Roanoke City School Board for terms of three years each, commencing July 1, 1990, and ending June 30, 1993; and election of one Trustee to fill the unexpired term of Mr. Guy W. Byrd, Jr., resigned, ending June 30, 1992. Mr. Finn D. Pincus and Mr. Emanuel C. Edwards were appointed for terms of three years each commencing July 1, 1990, and ending June 30, 1993. Mrs. Sallye T. Coleman was appointed to fill the unexpired term of Mr. Guy W. Byrd, Jr., resigned, ending June 30, 1992, and Mr. Finn D. Pincus was appointed to fill the unexpired term of Mrs. Sallye T. Coleman, ending June 30, 1990. PUBLIC HEARINGS Public hearing on the request of Messrs. Scott McCoy and L. J. Beaty that a tract of land lying west of the intersection of Aerial Way Drive and Brandon Avenue, S. W., identified as Official Tax No. 5200107, be rezoned from C-1, Office District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Mr. Henry Scholz, Spokesman. WITRDRAWN. Public hearing on the request of Norfolk Capital Company and Emerald Property Management, Inc., that property located at the intersection with Jefferson Street and Reserve Avenue, S. W., identified as Official Tax Nos. 1032201, 1032202, 1032204 and 1032206, be rezoned from HM, Heavy Manufacturing District, to C-1, Office District, subject to certain conditions proffered by the petitioners. Mr. Thomas T. Palmer, Attorney. Adopted Ordinance No. 30038 on first reading. (7-0) Public hearing on the request of Mr. George Williams, Sr., that a tract of land containing 1.904 acre, more or less, located on the west side of Ridgefield Street, N. E., identified as a portion of Lots 15, 16 and 17, Sunrise Heights, Official Tax Nos. 3121408-3121410, inclusive, and 3121414, be rezoned from RM-1, Residential Multi-Family, Low Density District, to HM, Heavy Manufacturing District, subject to certain conditions proffered by the petitioner. Mr. George H. Williams, Sr., Spokesman. Adopted Ordinance No. 30039 on first reading. (?-0) Public hearing on the request of HASI Partnership, a Virginia General Partnership, that a tract of land con- taining 3.024 acres, more or less, located at 3342 Melrose Avenue, N. W., identified as Official Tax No. 2660417, be rezoned from C-2, General Commercial District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner. Mr. Harwell M. Darby, Jr., Attorney. Adopted Ordinance No. 30040 on first reading. (7-0) E. Public hearing with regard to the proposed 1990-1991 Community Development Block Grant Program. Mr. W. Robert Herbert, City Manager. Adopted Resolution No. 30041-51490. voting no.) (6-1, Mr. Bowers CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE (2) C-1 C-2 C-3 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. A communication from Mayor Noel C. Taylor requesting an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and com- mittees appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss personnel mat- ters relating to vacancies on various authorities, boards, commissions and com- mittees appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. WITHDRAWN. A report of the City Manager requesting an Executive Session to discuss acquisition of an interest in real property and disposition of publicly held property, specifically possi- ble acquisition of an interest in certain real property and the subsequent disposition thereof by conveyance, pursuant to Section 2.1-344 (A) (3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss acquisition of an interest in real property and disposi- tion of publicly held property, specifi- cally possibile acquisition of an interest in certain real property and the subsequent disposition thereof by conveyance, pursuant to Section 2.1-344 (A) (3), Code of Virginia (1950), as amended. WITHDRAWN. A report of the City Manager requesting an Executive Session to discuss specific legal matters requiring the provi- sion of legal advice by counsel concerning the terms and con- ditions of a possible economic development agreement, pursuant to Section 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 specific legal matters requiring the provision of legal advice by counsel concerning the terms and conditions of a possible economic develop- ment agreement, pursuant to Section 2.1-344 (A) (7), Code of Virginia (1950), as amended. WITHDRAWN. (3) REGULAR AGENDA Hearing of Citizens Upon Public Matters: None. Petitions and Corr~nunications: A communication from Mr. Alton B. Prillaman, Secretary, Roanoke City Electoral Board, advising that Crystal Spring Elementary School will be closed for renovations during the 1990-91 school year and requesting that a public hearing be scheduled for Monday, June 11, 1990, on temporarily relo- cating the polling place in South Roanoke No. 2 Precinct from Crystal Spring Elementary School to the Roanoke Council of Garden Clubs, Inc. Referred to the City Attorney for preparation of the proper documents establishing a public hearing to be held on Monday, June 11, 1990, at 7:30 p.m., in the Roanoke City Council Chamber, fourth floor of the Municipal Building· Reports of Officers: a. City Manager: Briefings: None. Items Recommended for Action: A report concurring in a report of a bid corrlmittee recommending acceptance of the bid submitted by Pave-Mark Corporation for one new trailer-mounted Thermoplastic Application System, for the total cost of $17,210.00; and the bid submitted by Virginia Public Works Equipment Company for one new self-propelled asphalt maintainer, for the total cost of $46,617.00, and that funds be transferred therefor. Adopted Ordinance No. 30042-51400 and Resolution No. 30043-51490. (?-0) A report concurring in a report of a bid committee recommending that the bid submitted by Dempster Systems for furnishing and delivering one new recyclables hauler consisting of cab/chassis and body, in the amount of $70,312.00, be accepted. Adopted Resolution No. 30044-51490. (?-0) 6. Reports of Committees: A report received over the contract amount of of the committee appointed to tabulate bids for rehabilitation of the Franklin Road Bridge N & W Railway, recommending award of a unit price to Lanford Brothers Company, Incorporated, in the $481,293.00, execution of a Force Account (4) Agreement with Norfolk Southern Corporation in the amount of $39,734.00, and transfer of funds therefor· Council Member Robert A· Garland, Chairman. Adopted Ordinance No. 30045-51490 and Ordinance 30046-51490. (7-0) 7. Unfinished Business: None· 8. Introduction and Consideration of Ordinances and Resolutions: No. Ordinance No. 30027, on second reading, amending and reor- daining §32-190, Levied; amount, Code of the City of Roanoke (1979), as amended, to establish a new cigarette tax rate of $.005 per cigarette; and providing for an effective date· Adopted Ordinance No. 30027-$1490. (7-0) Ordinance No. 30028, on second reading, amending and reor- daining Article III, Tax on Tangible Personal Property Generally, of Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, by the addition of new §§32-104.1, Assessment date; situs, 32-108.1, Proration of personal property tax - Generally, 32-108.2, Proration as to mobile homes, and by the amendment of §32-106, Penalties and interest on delinquencies Generally, and subsection (a) of §32-108, Taxpayer's return - Generally; such new and amended sections establishing a system of proration of personal property tax applicable to motor vehicles, trailers and boats, providing special rules for mobile home, defining "tax day" and "situs", requiring the filing of returns and providing for penalties and interest as to late payments; and providing for an effective date of January 1, 1991. Adopted Ordinance No. 30028-51490. (7-0) Ordinance No. 30029, on second reading, amending and reor- daining §20-31, When tax payable, Code of the City of Roanoke (1979), as amended, to provide for a grace period during which to pay any motor vehicle, trailer or semi- trailer license fee when such property acquires a situs in the City after January I of any year. Adopted Ordinance No. 30029-51490. (7-0) Motions and Miscellaneous Business: a. Inquiries and/or comments by the Mayor and Members of City Council. Adopted Resolution No. 30047-51490 agreeing to the sale of an industrial building within the Roanoke Centre for (5) 10. Industry and Technology by the Greater Roanoke Valley Development Corporation to Quibell Corporation. (7-0) Vacancies on various authorities, boards, commissions and committees appointed by Council. Other Hearings of Citizens: The City Manager and the Electoral Board were requested to investigate the possibility of relocating the Lee-Hi Voting Precinct. (6) Office of the City Clerk May 15, 1990 Mrs. Sallye T. Coleman 4700 Grandin Road, S. W. Roanoke, Virginia 24018 Dear Mrs. Coleman: At the regular meeting of the Council of the City of Roanoke held on Monday, May 14, 1990, you were elected to fill the unexpired term of Mr. Guy W. Byrd, Jr., resigned, ending June 30, 1992, as a member of the Roanoke City School Board. Enclosed you will find a Certificate of your election and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were elected. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. Sincerely, ~0.~/~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Eno. pc: 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. Box 13145, Roanoke, Virginia 24031 Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board, P. O. Box 13105, Roanoke, Virginia 24031 Room45& MunicipalBu~lding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 Office of the City Clerk _~4ay 16, 1990 #467 Mr. Emanuel C. Edwards 119 Wells Avenue, N. W. Roanoke, Virginia 24016 Dear Mr. Edwards: At the regular meeting of the Council of the City of Roanoke held on Monday, May 14, 1990, you were elected as a member of the Roanoke City School Board for a term of three years, commencing July 1, 1990, and ending June 30, 1993. Enclosed you will find a Certificate of your election and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were elected. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. Sincerely, f~~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Eno. pc: 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. Box 13145, Roanoke, Virginia 24031 Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board, P. O. Box 13105, Roanoke, Virginia 24031 Room 456 Municipal Building 215 Church Avenue, S, W. Roanoke, Virginia 24011 (703) 981-2~1 CO~40NWEALT~I OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof. do hereby certify that at a regular meeting of Council held on the 14th day of May, 1990, EMANUEL C. EDWARDS was elected as a member of the Roanoke City School Board for a term of three years, commencing July 1, 1990, and Given under my hand and the Seal 16th day of May, 1990. ending June 30, 1993. of the City of Roanoke this City Clerk May 23, 1990 Mr. Finn D. Pincus 1116 Winchester Avenue, S. Roanoke, Virginia 24015 Dear Mr. Pincus: At the regular meeting of the Council of the City of Roanoke held on Monday, May 14, 1990, you were elected as a member of the Roanoke City School Board for a term of three years, commencing July 1, 1990, and ending June 30, 1993. Enclosed you will find a Certificate of your election and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were elected. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. ~x.~~.Sincerely' ~~.~. Mary F. Parker, C-~KT/AAE City Clerk MFP: ra Enc. pc: Mr. James M. Turner, Jr., Chairman, Roanoke City School Board, P. O. Box 1689, Salem, Virginia 24153 Dr. Frank P. To ta, Superintendent of Schools, P. O. Box 13145, Roanoke, Virginia 24031 Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board, P. O. Box 13105, Roanoke, Virginia 24031 Room 436 Municipal Building 2'~5 Church Avenue S W Roanoke, Virginia 24011 (703) 981-2541 CO~IMONWEALT~i OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 14th day of May, 1990, FINN D. PINCUS was elected as a member of the Roanoke City School Board fo~ a term of three years, com- mencing July 1, 1990, and ending June 30, 1993. Given under my hand and the Seal of the City of Roanoke this 23rd day of May, 1990. City Clerk Office of the City Clerk May 15, 1990 Mr. Finn D. Pincus 1116 Winchester Avenue, S. Roanoke, Virginia 24015 Dear Mr. Pincus: At the regular meeting of the Council of the City of Roanoke held on Monday, .May 14, 1990, you were elected to fill the unexpired term of Mrs. Sallye T. Coleman, resigned, ending June 30, 1990, as a member of the Roanoke City School Board. Enclosed you will find a Certificate of your election and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were elected. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP : ra Eno. pc: Mr. James M. Turner, Jr., Chairman, Roanoke City School Board, P. 0. Box 1689, Salem, Virginia 24153 Dr. Frank P. Tota, Superintendent of Schools, P. 0. Box 13145, Roanoke, Virginia 24031 Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board, P. O. Box 13105, Roanoke, Virginia 24031 Room456 MunicipalBuilding 215Church Avenue, S.w. Roanoke, Virginia 24011 (703)981-2541 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 14th day of May, 1990, FINN D. PINCUS was elected to fill the unexpired term of Mrs. Sallye T. Coleman, resigned, ending June 30, 1990, as a member of the Roanoke City School Board. Given under my hand and the Seal of the City of Roanoke this lSth day of May, 1990. City Clerk 1990 CANDIDATES FOR THE POSITION OF SCHOOL BOARD TRUSTEE 1 2 3 4 5 6 7 8 9. Sallye T. Coleman Charles W. Day Emanuel Co Edwards John T. Geary David K. Lisk Delvis 0. McCadden Lewis W. Peery Finn D. Pincus Denise A. Reedy Salem Glass & Glazing Inc. 180 Brand Road Salem, VA 24153 (703) 389-9540 "Glass For Every Need" May 10, 1990 Mary Parker City Clerks Office 215 Church Ave. Roanoke, Va. 24011 Dear Mary Parker; I, Scott McCoy and L.J. Beaty are with drawing our petition to rezone a tract of land lying west of the intersection of Aerial Way Drive and Brandon Ave. The meeting was scheduled for May 14th with the city Council. Sincerely Yours, Scott McCoy L.~. Beat~% Roanoke City Planning Commission May 14, 1990 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Sub3ect: Request from Scott McCoy and L. J. Beaty to rezone a tract of land lying west of the intersection of Aerial Way Drive and Brandon Avenue, S.W., official tax no. 5200107 from C-l, Office District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Background: Purpose of the rezoning is to permit the operation of a retail/warehouse glass and glazing operation trading as Salem Glass and Glazing. Petition to rezone was filed on March 14, 1990. Proffered conditions were: That the property will be developed in substantial compliance with the site plan prepared by Balzer and Associates, Inc., dated March 2, 1990, a copy of which is attached to the Petition for Rezoning as Exhibit A, subject to any changes required by the City during site plan review. e That if no building permit has been issued and no construction commenced within 3 years from the date of final zoning approval, the zoning shall revert to C-1 without further action by City Council. Amended petition to rezone was filed on April 1990. The following condition was proffered. That a 5' strip will be dedicated along Aerial Way Drive for future road widening and required plat provided. Room 355 Municipal Builclir.D 215 Church Avenue, S.~X P.~anoke, V~rginia 24011 (703) 981-2344 Members of Council Page 2 May 14, 1990 Plannin~ staff recommended approval of the request. Staff felt that the proposed use and request for C-2 zoning is compatible with the existing land use and zoning pattern on the north side of Brandon Avenue. Staff noted that the area on the south side of Brandon Avenue had been identified as a potential future neighborhood commercial area in the City's comprehensive plan. Plannin~ Commission public hearing was held on April 4, 1990. Mr. Craig Balzer appeared before the Commission and presented the site plan. Mr. Balzer stated he felt that the appearance of the building was compatible with other structures along Lee Highway and that his client felt that the business was suitable for the area. Commission members expressed concern with the appearance of that portion of the structure which would be facing Peters Creek Road after that highway was extended. In addition, Commission members were concerned that a specific use of the property was not proffered, that the warehouse area of the building far exceeded that permitted in a C-2 zone as an accessory use, and that another more objectionable C-2 uses might locate on the site in the future. In response to a question from Mr. Waldvogel, Mr. Balzer stated that it was his client's intentions to utilize the building for their own benefit, however, they were not in a position to proffer that the rezoning be tied to their use and revert to C-1 or have it come back to the Commission for a subsequent use. Mr. Jim Ellison (2030 Knollwood Road) appeared before the Commission representing the Greater Deyerle Neighborhood Association. Mr. Ellison stated that the association opposed the proposed rezoning on general principle and that further development of industrial or highly commercial property was something they did not want. Mr. Lester, Property Manager for CSW Associates, appeared before the Commission and said he was happy about the proposed rezoning and was glad that something other than a fast-food restaurant was proposed for the corner lot. Mr. Buford made a motion to table the proposed rezoning which was defeated by the full Commission. II. Issues: Zonin9 is presently C-1. Zoning to the north is LM. To the east, across Aerial Way Drive, the zoning is C-2. To the south, across Brandon Avenue, the zoning is RA and to the west the zoning is currently C-1. 1. That the property will be developed in substantial compliance with the site plan prepared by Be~ Associates Inc., dated March 2~, a copy of which is attached to the Petition for Rezoning as Exhibit A, subject to any changes required by the City during site plan review. 2. That if no building permit has been issued and no construction commenced within 3 years from the date of final zoning approval, the zoning shall revert to C-1 without further action by City Council. 3. That a 5' strip will be dedicated along Aerial Way Drive for future road widening and./~quired plat provided. Attached as Exhibit ~ are the names, addresses and tax numbers of the owner or owners or all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 30th day of March, 1990. signature of owner Respectfully submitted: EXHIBIT B Richardson, Ben and Dora 102 Serpentine Road, S.W. Roanoke, Virginia 24014 Tax Map Number 5200113 CSW Associates 3807 Brandon Avenue Roanoke, Virginia 24018 Tax Map Number 5200119 Joe Bandy and Son 1801 Murray Road, S.W. Roanoke, Virginia 24018 Tax Map Number 5200202 Hodge, Forrest, Jr. and Delores A. C/O Harvey,s One Hour Cleaners 3571 Colonial Avenue, $.W. Roanoke, Virginia 24018 Tax Map Number 5200201 Ellett, Lucy 3752 Brandon Avenue, $.W. Roanoke, Virginia 24018 C/O W.H. Jolly, G.O. Clemons - Trustees Tax Map Number 5190101 LOCATION' m ROANOKE TIMES C WORLD-NEWS ~D NUMBER - ~2602798 PUBLISHERtS FEE - $88°20 CITY OF ROANOKE C/O MARY F PARKER CITY CLERKS OFFICE ROOM ~56 MUNICIPAL BLDG ROANOKE VA 240II STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION I9 (THE UNDERSIGNEO! AN AUTHORIZED REPRESENTATIVE OF THE TIMES-WORLD COR- PORATION9 WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES [ WDRLD-NEwSt A DAILY NEWSPAPER PUBLISHED IN ROANOKE~ IN THE STATE OF VIRGINIA~ DO CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 04/2?/90 MORNING 05/0~/90 MORNING WITNESSt T.~IS 7TH DAY OF MAY 1990 AUTHORIZE~ S IGNA~E 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, May 14, 1990, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., in the said city, on the question of rezoning from C-l, Office District, to C-2, General Commercial District, the following property: A tract of land lying west of the intersection of Aerial Way Drive and Brandon Avenue, S. W., and bearing Official Tax No. 5200107. This rezoning is to be subject to certain conditions prof- fered by the petitioner. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 25th day of April , 1990 Mary F. Parker, City Clerk Please publish in full twice, once on Friday, April 27, 1990, and once on Friday, May 4, 1990, in the Roanoke Times and 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 May 15, 1990 File #236 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30041-51490 approving the proposed Fiscal Year 1990-1991 Budget for the Community Development Block Grant Program, and the Statement of Community Development Objectives and Projected Use of Funds; authorizing you to execute and submit the Statement of Community Development Objectives and Projected Use of Funds to the United States Department of Housing and Urban Development (HUD); and authorizing you to execute the requisite Grant Agreement with HUD. Resolution No. 30041-51490 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 14, 1990. Sincerely, ~f?~.~t~_ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc o pc: Mr. Theodore J. Ed lich, III, Executive Director, Total Action Against Poverty in the Roanoke Valley, Inc., P. O. Box 2866, Roanoke, Virginia 24001 Mr. Herbert D. McBride, Executive Director. Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Mr. Stanley R. Hale, President, Southwest Virginia Community Development Fund, 401 First Street, N. W., Roanoke, Virginia 24016 Room456 MunicipalBuilding 215Chinch Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 14th day of May, 1990. No. 30041-51490. VIRGINIA, A RESOLUTION approving the proposed Fiscal Year 1990-1991 Budget for the Community Development Block Grant Program, and the Statement of Community Development Objectives and Projected Use of Funds; autho- rizing the City Manager to execute and submit the Statement of Com- munity Development Objectives and Projected Use of Funds to the United States Department of Housing and Urban Development (HUD); and authoriz- ing the City Manager to execute the requisite Grant Agreement with HUD. WHEREAS, by report dated May 7, 1990, the City Manager has transmitted to the Council for its review and consideration the pro- posed Fiscal Year 1990-1991 Budget for the Community Development Block Grant Program and the Statement of Community Development Objectives and Projected Use of Funds, and this Council is desirous of approving these documents and authorizing the City Manager to execute them for submittal to the United States Department of Housing and Urban Develop- ment; and WHEREAS, Council was briefed on this matter on May 7, 1990, and conducted a public hearing on it on May 14, 1990, and citizen input was received earlier during hearings on January 16, 1990, and April 17, 1990. THEREFORE BE IT REsoLvED by the Council of the City of Roanoke as follows: 1. Council approves the Proposed Fiscal Year 1990-1991 Budget for the Community Development Block Grant Program, and the Statement of Community Development Objectives and Projected Use of Funds. 2. The City Manager is authorized to execute and submit the Statement of Community Development Objectives and Projected Use of Funds to the United States Department of Housing and Urban Development (HUD) for final review and approval. 3. The City Manager is authorized to execute the requisite Grant Agreement with HUD and any and all understandings, assurances and documents relating thereto, for and on behalf of the City. ATTEST: City Clerk. Honorable Mayor and Members of City Council Roanoke, Virginia Roanoke, Virginia May 14, 1990 Dear Members of Council: Subject: FY 1990-91 Community Development Block Grant (CDBG) Statement of Objectives submission to HUD for its review and approval. I. Back,round: City Council was briefed May 7t 1990 on recommended CDBG program including $1,563,000 new funds from U.S. Department of Housing and Urban Development (HUD). Citizen input has been received and considered on three occasions: January 16, 1990, April 17, 1990 and this evening, May 14, 1990. C. Current CDBG fiscal year ends June 30, 1990. II. Issues: Impact on community development of city Funding C. Timing D. Citizen participation III. Alternatives: Authorize City Manager to submit FY 1990-91 CDBG Statement of Objectives to HUD for its review and approval. Impact on community development in the city would be positive, continuing programs which Council has endorsed in the past. 2. Funding is available from sources as listed: 1990-91 CDBG Entitlement CDBG Program Income Funds transferred Estimated Funds remaining 6/30/90 Non-CDBG matching funds TOTAL BUDGET $1,563,000 $ 520,788 $ 254,448 $1,392,063 $3,881,516 $7,611,815 Timing is important. The CDBG Statement of Objectives must be submitted as soon as possible to ensure timely receipt of new entitlement funds. Citizen participation has been positive on at least two successive occasions. Citizens' comments, suggestions and proposals have been considered as a part of the process to develop the City's final program and budget. Do not authorize City Manager to submit FY 1990-91 CDBG Statement of Objectives to HUD for its review and approval. Impact on community development in the City could be negative if programs are delayed or cancelled. 2. Funding would not be an issue. Timing could be a problem if construction projects, acquisitions or staff salaries are delayed. Citizen participation could be negative if concerns of neighborhood groups and residents are not addressed. IV. Recoa~endation: It i__s recommended that City Council adopt Alternative A thereby authorizing the City Manager to submit the CDB~ Statement of Objectives to HUD for final review and approval, and authorize the City Manager to execute the grant agreement with HUD on behalf of the City. Upon receipt of program and budget approval from HUD, a report detailing the necessary budget appropriations by program and line item, as well as contracts necessary to carry out the FY 1990-91 program, will be presented to City Council for adoption. WRH:mtp Respectfully submitted, W. Robert Herbert City Manager 2 CC: Assistant City Manager City Attorney Director of Finance Director of Public Works Director of Human Resources Chief of Economic Development Chief of Community Planning Building Commissioner Grants Monitoring Administrator Executive Director, Mental Health Services Executive Director, Roanoke Redevelopment & Housing Authority Executive Director, Total Action Against Poverty Executive Director, Southwest Virginia Community Development Fund 3 April 25, 1990 File #60-236-200 Mr. W. Robert Herbert City Manager Roanoke, Virgiaia Dear Mr. ~erbert: Your report recommending that Council schedule a public hearing on the proposed 1990-1991 Community Development Block Grant Program, was before the Council of the City of Roanoke at a regu- lar meeting held on Monday, April 23, 1990. On motion, duly seconded and adopted, Council concurred in the recommendation and scheduled a public hearing for Monday, May 14, 1990, at 7:30 p.m., or as soon thereafter as the matter may be heard. Sincerely, /~~ Mary F. Parker, CMC/AAE City Clerk MFP:ra pc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles ~. Huffine, City Engineer ~r. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. John R. Marlles, Chief of Community Planning Mr. Brian J. Wishneff, Chief of Economic Development Mr. James D. Ritchie, Director of Human Resources Ms. Marie T. Pontius, Grants Monitoring Administrator Roanoke, Virginia April 23, 1990 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Request for Public Hearing On Proposed 1990-1991 Community Development Block Grant Program Background: A. City of Roanoke receives an annual entitlement from the U.S. Department of Housing and Urban Development (HUD) in the form of a Community Development Block Grant (CDBG). HUD representatives informed City staff that Roanoke's CDBG allocation will be $1,563,000 for the City's fiscal year 1990-1991. Budget also includes $529,788 estimated program income generated from prior CDBG programs, and Funds totalling $254,448 transferred from prior grant entitlement years, Two public meetings have been held to hear citizens' recommendations, on January 16, 1990 and April 17, 1990. II. Current Situation: Council will be briefed by City Manager on May 7, 1990 at regularly scheduled City Council meeting, on recommended activities for the FY 1990-1991 CDBG program· Citizen participation requirements call for an evening public hearing by City Council prior to submission of CDBG Statement of Objectives (application) to HUD. City is required by HUD to publish praft Statement of Objectives in newspaper. A summary version will appear in the Neighbors section of The Roanoke Times and World News on Thursday May 3, 1990. III. Reco~endation: Recommend City Council schedule Community Development Block Grant public hearing on May 14, 1990, at 7:30 p.m. in Council Chambers. WRH:mtp cc. Respectfully submitted, W. Robert Herbert City Manager Assistant City Manager City Attorney Director of Finance Director of Public Works Director of Human Resources Chief of Economic Development Chief of Community Planning City Engineer Building Commissioner Grants Monitoring Administrator 2 NOTICE OF PUBLIC HEARING BEFOP~E '£~ ROANOKE CITY COUNCIL The Roanoke City Council will hold a public hearing on Monday, May 14, 1990, at 7:30 p.m. or as soon thereafter as the matter may be heard, in the City Council Chambers, fourth floor of the Municipal Building, in order to consider the proposed Fiscal Year 1990-1991 Community Development Block Grant budget and Statement of Objectives to the United States Department of Housing and Urban Development (HUD) for funding of such budget. On May 16, 1990, the City of Roanoke will submit to HUD, the City's Statement of Community Development Objectives for fiscal year July 1, 1990 through June 30, 1991. Public meetings were held on January 16, 1990, and April 17, 1990, to receive citizen comments on the proposed objectives. Of the $2,514,949 CDBG funds available for projects in FY 1990-91 budget, $1,607,534 or 64% are expected to benefit low and moderate income persons or low and moderate income neighborhoods. More details of the proposed activities and budgets are available in the City Clerk's Office, Room 456, the Office of Grants Compliance, Room 362, 215 Church Avenue Roanoke, phone 981- 2141, the Roanoke Redevelopment and Housing Authority and at all City of Roanoke Public Libraries. Given under my hand this 30th day of April 1990 Mary F. Parker, City Clerk. Display ad to run in the Roanoke Tribune on Thursday May 3, 1990. Bill to: Office of Grants Compliance Room 362, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Roanoke Times ~.ff World-News 201 West Campbell Avenue, P.O. Box 2491, Roanoke, Virginia 24010 AFFIDAVIT OF PERFORMANCE ADVERTISER' DATE OF INSERTION: --'~ )~L? '~ /~ c~( SIZE OF AD' '~:'~' / !~ ~""~1~( /~' NEVVSPAPER Affidavit Completed: ?'/'/' - ' Date: "',//':i~ (;';(.,) Byt L._L ,{,.~ Notary Information: Affirmed before me, thi.~ J ~-~ (Signature) ,¢/¢,/~q Commission Expires (Date) .' Notary Seal NOTICE TO THE PUBLIC CI~%~ OF ROANOKE 1990-1991 CO~UNITY DEVELOPMENT PItOGRAM PUBLIC HEARING Ail interested groups and individuals are invited to participate at a public hearing on the 1990-1991 Community Development Block Grant (CDBG) Program for the City of Roanoke on Monday, May 14, 1990 at 7:30 p.m. in City Council Chambers, fourth floor of the Municipal Building. The CDBG public hearing is being held in order to obtain citizens' views and comments on the Proposed Statement of Objectives and Proposed Use of Funds delineated below. Funds available through Title I of the Housing and Community Development Act of 1974, as amended, are estimated to be as follows: ESTIMA'£~u 1990-1991 SOURCE OF FUNDS CDBG Entitlement Grant $1,563,000 Program Income $ 520,788 Funds from other CDBG projects $ 254,448 Carry-Over grant funds $1,392,063 Leveraged non-CDBG funds (est) $3,881,516 TOTAL $7,611,815 CDBG funds are made available for the planning and execution of eligible projects and activities where the majority of the funds benefit low and moderate income persons. Projects may also aid in the prevention or elimination of slums and blight, or respond to community development needs having a particular urgency. PROPOSED USE OF FUNDS 1990-1991 CDBG PROG~J%MYEAR Acquisition: 1. 319 Harrison Ac~sition - ($42,460 new CDBG funds) - will purchase a house from the Gainsboro Neighborhood Development Corporation to lease or re-sell the house. Public Facilities: 1. Alcohol Detoxification & Rehabilitation Center Renovation - $506,011 project costs ($124,000 CDBG funds) Matching funds to allow renovation of the Alcohol Detoxification and Rehabilitation Center at 801 Shenandoah Avenue, N.W. 2. Azalea Gardens - ~ublic improvements -($156,000 CDBG funds) - willprovide public improvements along Kellogg Avenue and on-site for support of new construction of 63 units of affordable homes in 700 to 800 block of Kellogg Avenue. Clearance: 1. Fairfax Clearance - ($131,215 new and past years' CDBG funds) - Funds to acq~/ire 11 parcels, demolish three houses, relocate two tenant occupants, and grade and seed the assembled property. Public Services: 1. Emergency Assistance Fund - $65,000 ($40,000 CDBG funds) - to provide immediate assistance to low income city residents to avert potential disasters resulting in the disruption of their homes and families. 2. School Health Screening Equipment - $35,117 ($11,815 CDBG funds) to purchase health screening equipment for school health program. 3. Drug and Alcohol Abuse Council - Staff - $40,000 CDBG funds to provide contractual staff support for the follow-up council recommended by the City Manager's Drug Strategy Task Force in Roanoke At Risk. Will coordinate city-wide efforts to combat substance abuse. 4. Parental & Com~uunity Drug Prevention Activity - $9,860 ($6,460 CDBG funds) - activity by Mental Health Services to provide workshops and drug-free activities to promote drug abuse prevention. Interim Assistance: 1. Demolition/Securement - $70,000 ($50,000 CDBG funds) - Funds for demolition and boarding up vacant and hazardous buildings in the conservation and rehabilitation areas. Housing Revitalization: 1. Private Rehab Loan Program - $680,280 ($80,280 CDBG funds) Funds for a loan loss reserve to leverage mortgage revenue bonds for a rehab loan pool for homeowners in the 11 rehabilitation and conservation areas regardless of income, and low and moderate income families throughout the City. 2. Private Loan Subsidy - $151,177 CDBG funds - to subsidize rehab loans to iow and moderate income families in the 11 rehabilitation and conservation areas. 3. Operation Paintbrush - $74,240 CDBG funds - to paint the exteriors of 15 20 houses of iow and moderate income families in Belmont, Gainsboro, Gilmer, Harrison, Hurt Park, Loudon, Melrose, Mountain View and Old Southwest neighborhoods. 4. Ho~e Purchase Assistance - $482,150 ($262,150 CDBG funds) -will provide iow interest loans for low income families, in conservation and rehabilitation areas, to purchase homes they will rehabilitate with funds from other sources. 5. Critical H~ Repair - $134,240 CDBG funds - Grants and no- interest loans to low and moderate income homeowners city wide for critically needed repairs to their homes. Maximum subsidy would be $6,000 with special exceptions up to $8,000 per home. 6. Quick Response to Emergencies - $90,280 CDBG funds - Includes a $50,000 set-aside to address sudden emergencies for home repairs averaging about $2,500. 7. En~rgency H~e Repair - Rental - $72,000 ($8,000 CDBG funds) a matching grant program to provide emergency repairs to rental properties. 8. ?02 ~lllaer Reh~ - $45,000 ($15,000 CDBG funds) - funds to match private and neighborhood funds to rehabilitate a house at 702 Gilmer Avenue N.W. for sale. 9. Rental Rehabilitation - $412,350 ($50,350 CDBG funds) Funds for iow interest loans to property owners or developers for rehabilitation of rental property in Roanoke's rehabilitation and conservation areas. Code Enforcement: 1. Code Enforce~nt - $66,206 - Provides salaries and support costs for two building inspectors to enforce the Building Maintenance Code in all conservation and rehabilitation areas. Historic Preservation: 1. Historic Building Program - $25,000 - ($25,000 in CDBG funds) to establish a loan fund to provide a financial incentive for the rehabilitation of historic buildings in H-l, Historic Districts. 2. Downtown Historic Design Assistance - $20,000 in CDBG funds - to provide schematic design assistance and technical advice to eligible H-1 property or business owners in the H-1 Downtown Historic District. 3. Downtown Historic Facade InIprov~nt Grants - $75,000 in CDBG funds - Rehabilitation matching grant assistance up to $5,000 to property owners in H-1 Downtown Historic District for facade improvements. Economic Development: 1. Deanwood - $302,750 in CDBG funds to cover site preparation costs for industrial building sites in Deanwood Industrial Park, near Orange Ave and Williamson Road. 2. Coca-Cola 108 Loan Repayment -$529,873 - These funds will pay the sixth of ten annual repayments to HUD of the $3,015,000 borrowed by the City for the Coca-Cola UDAG. 3. Shaffer's Crossing Industrial Park - $135,020 CDBG funds - for continuing acquisition and development of Phase I of the designated Shaffer's Crossing Redevelopment Area. 4. Deanwood/shaffer,s 108 Pavement -$188,763 in CDBG funds - These funds will pay the fourth of six annual repayments to HUD of the $922,300 borrowed for development of the Deanwood Expansion area and Shaffer's Crossing Industrial area. 5. First Street (Henry Street) Revitalization - $812,000 ($212,000 in CDBG funds) to renovate the old Dumas Hotel at 110 First Street N.W. for a Music Center to be operated by Total Action Against Poverty. 6. Deanwood ~xldition - $17,695 CDBG funds - to complete acquisition of a ten-parcel tract of less than one acre fronting on Orange Avenue near Williamson Road. 7. NW Suparsk~rket - $792,000 ($85,000 CDBG funds) - Matching funds to allow the renovation and reopening of a vacant grocery store at 1916 Orange Avenue N.W. 8. Western VA Revolving Loan Fund - $888,889 ($66,667 CDBG funds) Matching funds to allow for a small business revolving loan fund for disadvantaged portions of greater northwest Roanoke. Planning: 1. Neighborhood Plans - $48,122 CDBG funds - Provides partial costs for three neighborhood plans in support of the Roanoke Vision comprehensive plan. 2. Franklin/Elm Master Plan - $15,000 CDBG funds - funds to hire a professional consultant to work with the City, businesses and residents to prepare a master plan for the area of Franklin Road and Elm Avenue, S.W. 3. Preservation Technical Assistance - $10,000 CDBG funds program will provide technical assistance and guidance to owners and developers of historic properties in the rehabilitation of older buildings. Program Administration: 1. City CDB~ Administration - $148,057 ($82,476 CDBG funds) - Provides operating costs for three member city Office of Grants Compliance, for monitoring and general administration of the CDBG program. 2. Roanoke Redevelopment and Housing Authority General ~huinistration - $96,050 CDBG funds - Funds for supervisory and general administration salaries and benefits for RRHA personnel directly related to the administration and delivery of CDBG projects. 3. City Housing Development A~m~nistration - $49,419 CDBG funds Provides salaries, fringes and related expenses for administration of the City's Housing Development Office. 4. Roanoke Neighborhood Partnership - $166,285 CDBG funds Provides operating costs for three staff members to assist 22 member neighborhood organizations and three business associations to plan and carry out neighborhood development and improvement projects. 5. Housing Marketing/Vacant House Catalog - $16,362 CDBG funds - to promote neighborhood revitalization generally and housing rehabilitation particularly. Includes production of an edition of the "Vacant House Catalog". Unprogrmm~ed Funds: 1. Mini-Grants - $16,944 - ($11,944 CDBG funds) A matching grant program by the Roanoke Neighborhood Partnership to provide financial assistance to qualified neighborhood organizations undertaking neighborhood improvement projects. 2. Neighborhood Develolmuent Grants - $20,000 - (10,000 CDBG funds) funds for larger development grants to neighborhood organizations ranging from $2,000 to $10,000 to carry out community development projects. Of the $2,514,949 CDB~ funds expected to be available for projects in the FY 1990-91 budget, $1,607,534 or 64% will fund activities to benefit low and moderate income persons. Copies of the 1990-1991 Draft Statement of Objectives are available for public review in the City Clerk's Office, 4th Floor Municipal Building, 4 the Office of Grants Compliance Room 362, Municipal Building, all City libraries, and the main offices of the Roanoke Redevelopment and Housing Authority, Salem Turnpike. Persons who would like to speak at the hearing are requested to call the City Clerk's office at 981-2541. Given under my hand this 30th day of April, 1990. Mary F. Parker, City Clerk Display ad to run in the Roanoke Times & World News, section on Thursday May 3, 1990. Bill to: Office of Grants Compliance Room 362, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 "Neighbors" 5 NORTH JEFFERSON STREET AND WELLS AVENUE 310 NORTH JEFFERSON STREET. ROANOKE, VA. 24016 May 14, 1990 Honorable Mayor Taylor and Members of City Council: I am Walter L. Wheaton, Chairman of the Board of Trustees of First Baptist Church. Thank you for the opportunity to appear before you on behalf of First Baptist Church. Back in 1898 a few faith-believing people built the First Baptist Church on North Jefferson Street. I say faith-believing because, at the time of construction, there was only $11.00 in the church treasury. I am here this evening with that same degree of faith in order to keep alive their hopes and aspirations. Since that time a new congregation has borne the expense of a new edifice - yet the old building still stands. We hope, with your consideration, we can keep this building a living monument to those past. The Acting Company has expressed the desire to occupy th old building, which is in need of extensive repairs and renovations. We, the church owners, believe the Acting Company will do a great job in building a better cultural community for all citizens of the Roanoke Valley. We can envision a greater Raonoke from what they will be doing. With the coming innovations within the area - New Henry Street, new office buildings, new convention center, and new street changes we believe this allocation of CDBGF will not only enhance the Gainsboro Area but the entire valley. Please, when you make your decision, we hope and pray that you will consider this request to be worthy of the necessary funds to begin this project. Thank you, /-~ /~ / ~W~lter-L. Wh~aton,~ ~ ' ------ Chairman, Board of Trustees Rev. Kenneth B. Wright, "OI, r I'hl,~'rh: ~ platy qf Io,'e ~ d h.llou'~h;1 'l e 'v sacred i~'l~do~n ~ tht. age~ ~nd tht su,ll~ qf men are unite,t.~r t/ll ~,,wt." Office of the Mayor ~ay 14, 1990 The Honorable Vice Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. Si~ferely'~ Mayor NCT: ra Room 452 Municipal Building 21.5 Church Avenue, S.W. Roanoke, Virginia 24011 ,'703) 981-2444 May 14, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for Executive Session Dear Mrs. Bowles and Gentlemen: This is to request that City Council convene in Executive Session to discuss acquisition of an interest in real property and disposition of publicly held property, specifically possible acquisition of an interest in certain real property and the sub- sequent disposition thereof by conveyance pursuant to §2.1-344 (A)(3), Code of Virginia (1950), as amended. Very truly yours, W. Robert Herbert City Manager WRH:shm cc: Mary F. Parker, City Clerk May 14, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for Executive Session Dear Mrs. Bowles and Gentlemen: This is to request that City Council convene in Executive Session to discuss specific legal matters requiring the provi- sion of legal advice by counsel concerning the terms and con- ditions of a possible economic development agreement pursuant to §2.1-344(A)(7), Code of Virginia (1950), as amended. Very truly yours, W. Robert Herbert City Manager WRH:shm cc: Mary F. Parker, City Clerk Office of the City Clerk May 16, 1990 File #40 Mr. Wilburn C. Dibling, City Attorney Roanoke, Virginia Dear Mr. Dibling: ~t the regular meeting of the Council of the City of Roanoke held on Monday, May 14, 1990, a communication from Mr. Alton B. Prillaman, Secretary, Roanoke City Electoral Board, advising that Crystal Spring Elementary School will be closed for renovations during the 1990-91 school year, and requesting that a public hearing be scheduled for Monday, June 11, 1990, on temporarily relocating the polling place in South Roanoke No. 2 Precinct from Crystal Spring Elementary School to the Roanoke Council of Garden Clubs, Inc., was before the Council of the City of Roanoke at a regular meeting held on Monday, May 14, 1990. On motion, duly seconded and unanimously adopted, the matter was referred to you for preparation of the proper documents establishing a public hearing to be held on Monday, June 11, 1990, at 7:30 p.m., in the Roanoke City Council Chamber. Sincerely, ~,_~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Eno. pc: Mr. W. Robert Herbert, City Manager Ms. Sharon L. Carrington, Registrar Room 456 MunicipalSuildJng 215Church Avenue. S,W, Roanoke, Virginia 24011 (703)981-254! ELECTORAL BOARD NELBA C. PIRKEY, Chairman CHARLES To GREEN, Vice Chairman ALTON 8. PRILLANAN, Secretary May 14, 1990 Honorable Noel C. Taylor, Mayor, and Members of Roanoke City Council Municipal Building Roanoke, Virginia 24011 RE: Temporary Relocation of Polling Place in South Roanoke No. 2 Precinct (Sec. 10-75 City Code) Dear Members of Council: The Electoral Board has been informed by the school administration that Crystal Spring School will be closed for renovation during the 1990-91 school year and cannot be used as a polling place during that time. The Roanoke Council of Garden Clubs, Inc. has been recommended as an alter- nate location. The president of the Garden Club under the direction of the Garden Club's board has authorized the city to use the building for voting while the school is closed. (Copies of correspondences attached.) We have visited the proposed site, located at 2713 Avenham Avenue, in the same precinct boundary as Crystal Spring School. The garden club is handi- capped accessible, has ample parking, sufficient lighting and work space. The Electoral Board recommends it as a temporary voting place since we ex- pect to return to Crystal Spring School in the fall of 1991. Section 24.1-39 of the Code of Virginia requires that a notice of a proposed relocation of polling place be published in a newspaper of general circula- tion for two consective weeks and no changes can be made within 60 days next preceding any general election. Relocating a polling place also requires approval from the Department of Justice. The Electoral Board requests that this matter be placed on the June 11th agenda for a public hearing and action of Council. R/~/~ectfully s~d, Roanoke City Electoral Board CC: Wilburn C. Dibling, City Attorney Leta Beavers, President, Roanoke Council of Garden Clubs, Inc. CITY OF' ROANOKE: INTERDEPARTMENT COMMUNICATION DATE: May 8, 1990 TO: FROM: Wilburn C. Diblin9, Jr., City Attorney Sharon L. Carrington, Registrar <~ SUBJECT: Temporary Relocation of Polling Place in South Roanoke No. 2 Precinct (Sec. 10-75 City Code) The Roanoke City Electoral Board is requesting approval to move the polling place for South Roanoke No. 2 precinct from Crystal Spring School to the Roanoke Council of Garden Clubs, Inc. Crystal Spring School will be closed for renovation in June 1990 and will not reopen until the fall of 1991. The proposed site is located in the South Roanoke No. 2 precinct boundaries, has ample parking, handicapped accessible and has ample room for conducting the electoral process. We are asking Council to hold a public hearing on June 11, which as you know must be advertised two consecutive weeks preceding the hearing date. We are requesting that you please prepare a notice of this proposed t~.mp~rary change in polling place and subsequently prepart a sub- m~ss~on to the Justice Department at the proper time with copies to me as usual. It should be noted that the change will only be effective during the period of renovation and that we expect to return to Crystal Spring School in the fall of 1991. Thank you for your assistance in this matter. Please see the attached correspondences for any references you may need. ROANOKE COUNCIL 2713 AVENHAM AVENUE, S. W. ROANOKE, VIRGINIA 240 14 TEL£PHONU 343 -4519 OF GARDEN CLUBS, INC. May 1, 1990 Ms. Sharon L. Carrington General Registrar P. O. Box 1095 Roanoke, Virginia 24005 Re: Roanoke Council of Garden Clubs Center as temporary polling place Dear Ms. Carrington: In reply to your letter of April 26, 1990 concerning the use of the Council of Garden Clubs Center as a site for the November 6, 1990 election, we are pleased to permit this usage by the Electoral Board as a public service to our community. Both our organization and the Electoral Board are, in a sense, public service ~rganizations and we see this as an opportunity to assist. As we have said, there will be no charge for the usage of the Center for this occassion. However, there will be clean-up costs as well as damages to the build- ing or acxzztzes. We will need an assurance that these costs will be born by the Electoral Board. We have received your certificate of insurance and permission from the Zoning Board for which we thank you very much. Please call if we can assist you in any way. Yours very truly, Orletta Beavers, President Roanoke Council of Garden Clubs, Inc. OB/dt Alton Prillaman Secretary of Roanoke City Electoral Board Charlotte Murphy Cheif Officer of Election for South Roanoke No. 2 GENERAL REGISTRAR Sharon L. Carrington April 26, 1990 P. O. BOX 1095 ROANOKE. VIRGINIA 24005 (703) 981-2281 Ms. Leta Beavers, President Roanoke Council of Garden Clu6s 2713 Avenham Avenue, S. W. Roanoke, Virginia 24014 Dear Ms. Beavers: Since our last correspondence to you dated February 28, 1990, we have continued some background work in regards to our using the Roanoke Council of Garden Clubs as a temporory polling place for our South Roanoke No. 2 precinct for the Novem- ber 6, 1990 election. Alton Prillaman, Secretary of Roanoke City Electoral Board, along with Charlotte Murphy, Chief Officer of Election for South Roanoke No. 2 precinct and myself have physically viewed the premises and found it to be congenial for the pur: poses of voting. The building has heat, is handicapped accessible and has ample parking. To briefly familarize you with our situation - we were informed by the School Board that Cyrstal Spring School, which is the polling place for the South Roanoke No. 2 precinct, will be closed after this year's school session and will not reopen until September 1991. Other locations within that general area were sort but did not meet the boundary requirements by law, therefore, we were lead to contact your organization. Since that time, verbal agreement on behalf of your board has been granted to the Electoral Board of Roanoke City with the stipulation that you receive written permission from the Board of Zoning and an insurance certificate to certify that the City has sufficient insurance to cover any unexpected accidents that could possibly occur on election day. Enclosed is the information as requested which we hope will be sufficient for us to now receive a written response from the Garden Club granting permission to use the building on November 6, 1990. Once we have received the requested permission, we will then proceed with contacting other departments involved, in- cluding City Council, the Department of Justice and State Board of Elections so that we may meet their approvals. Once all approvals have been met, we are re- quired by law to send notice to every voter in the South Roanoke No. 2 precinct to inform them of this temporary change. This notice will be published in the Roanoke Times & World News and the Roanoke Tribune newspapers. page 2 Ms. Leta Beavers, President Roanoke Counci) of Garden Clubs April 26, 1990 We do thank you for your cooperation and assistance during this transition and appreciate the Garden Club board for re-considering our plea. You will be contacted later in the year to let you know what procedures will take place before and on election day. If you have any further questions, please give us a call as soon as possible. Yours very truly, Sharon L. Carrington General Registrar City of Roanoke enclosures - 2 /c Ronald H. Miller Building Commissioner April 23, 1990 Sharon L. Carrington, Registrar City of Roanoke Room 109, Municipal Bui'lding Roanoke, Virginia 24011 Dear Mrs. Carrington: re: 2713 Avenham Avenue, S. W. This is to advise that the above-referenced property may be used as a voting precinct for the City of Roanoke insofar as zoning regulations are concerned. If you need further information, please contact me. Sincerely~ours, ~/Ronald~H. /Miller CPCA Building Commissioner/ Zoning Administrator Room 170 MunicipalSuilding 215Church Avenue, S.W. Roanoke. Virginia 24011 (703)981-2221 F.L I-: C,'I 0 R.~. L 14()^RD MELBA C. PIRKEY, CHARL)S r. GREEN, Al TON ~. PR[iLA#AN, February 28, 1990 Ms. Leta Beavers, President Roanoke Council of Garden Clubs 2713 Avenham Avenue, S.W. Roanoke, Virginia 24014 Dear Ms. Beavers: On behalf of the Electoral Board of Roanoke City, I would respectfully request to ask your board to re-consider the use of the garden club for election day purposes on Tuesday, November 6, 1990. It is my understanding that our registrar, Sharon Carrington, has previously requested use of the premises on that day and your board felt it was in the best interest of the club not to use the garden center for voting purposes. Crystal Spring School serves as the polling place for South Roanoke 2 precinct. Due to renovation, the school will not be open on Tuesday, November 6, 1990 which makes it imperative that an alternate voting place be located. We have searched diligent]y throughout the South Roanoke area and as you know there are not many suitable places that would serve as an alternative for a polling place. South Roanoke United Methodist Church, Cherryhill and First Presbyterian Church are all situated in South Roanoke 1 precinct and therefore cannot be used as alternate polling places because it would be in violation of the Vir- ginia voting laws. A physical viewing of South Roanoke 2 precinct leaves very few alternatives. We feel that the garden club would be the best place suited for this one-time proposition. We will try to meet every reasonable request with reference to sharing with cost, telephone, parking and maintenance if it would allow us to use this facility. Accordingly, I would appreciate if you could bring this request again to your board's attention and if necessary, either other members of the Electoral Board, the registrar, Sharon Carrington or I would be glad to meet with your board to advise you on our procedures on election day. I hope they will look favorably upon this request. Sincerely, Alton B. Prillaman, Secretary ~ Roanoke City £1ectoral Board May 16, 1990 File #472-153 Mr. Henry M. Faulkner Vice-President Sales Virginia Public Works Equipment Company 2207 Tazewell Street Richmond, Virginia 23222 Dear Mr. Faulkner: I am enclosing copy of Resolution No. 30043-51490 accepting the bid of Virginia Public Works Equipment Company for furnishing and delivering one self-propelled asphalt maintainer, in the total amount of $40,617.00. Resolution No. 30043-51490 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 14, 1990. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. Room 456 Municioal Builcfing 215 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk May 16, 1990 File #472-183 Mr. Martin A. Smith Chief Executive Officer Pave-Mark Corporation 1855 Plymouth Street Atlanta, Georgia 30318 Dear Mr. Smith: I am enclosing copy of Resolution No. 30043-51490 accepting the bid of Pave-Mark Corporation for furnishing and delivering one trailer mounted thermoplastic application system, in the total amount of $17,210.00. Resolution No. 30043-51490 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 14, 1990. Sincerely, /gl~-c~_, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. Room456 MunicipalBuilding 215Church Avenue,$.W. Roanoke, Virginia 24011 (703)981-2541 Office of the City Clerk May 16, 19g0 File #472-183 Mr. Bruce Beebe Sales & Service Coordinator Norris Paint Company P. 0. Box 2023 Salem, Oregon 97308 Dear Mr. Beebe: I am enclosing copy of Resolution No. 30043-51490 accepting the bid of Pave-Mark Corporation for furnishing and delivering one trailer mounted thermoplastic application system, in the total amount of $17,210.00. Resolution No. 30043-51490 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, ~ay 14, 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 MunicipalBuiiding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 Office of the City Clerk May 16, 1990 File #472-183 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30043-51490 accepting the bid of Pave-Mark Corporation for furnishing and delivering one trailer mounted thermoplastic application system, in the total amount of $17,210.00; and accepting the bid of Virginia Public Works Equipment Company for furnishing and delivering one self- propelled asphalt maintainer, in the total amount of $46,617.00. Resolution No. 30043-51490 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 14, 1990. Sincerely, ~~ Mary F. Parker, C~C/AAE City Clerk MFP:ra Enc. pc: Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. William L. Stuart, Manager, Street Maintenance Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. D. Darwin Roupe, Manager, General Services Room 456 MunicipaIRuilding 215Church Avenue, $.W. Roanoke, Virginia 24011 (703)981-2541 IN ~HE COUNCIL OF THE CITY OF ROANOKE, The 14th day of May, 1990.' No. 30043-51490. VIRGINIA, A RESOLUTION accepting bids made to the City for furnishing and delivering certain street maintenance equipment; and rejecting all other bids made to the City for such equipment. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Pave-Mark Corp., made to the City, offering to supply one (1) trailer mounted thermoplastic application system, meet- ing all of the City's specifications and requirements therefor, for the total bid price of $17,210.00, which bid is on file in the Office of the City Clerk, is hereby ACCEPTED. 2. The bid of Virginia Public Works Equipment Company, made to the City offering to supply one (1) self-propelled asphalt maintainer, meeting all of the City's specifications and requirements therefor, for the total bid price of $46,617.00, which bid in on file in the Office of the City Clerk is hereby ACCEPTED. 3. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase orders therefor, incor- porating into said orders the City's specifications, the terms of said bidders' proposals and the terms and provisions of this resolution. 4. 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 May 16, 1990 File #60-472-183 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30042-51490 amending and reordaining certain sections of the 1989-90 General Fund Appropriations, providing for the transfer of $63,827.00 from General Fund Equipment Replacement Contingency to Public Works Street Maintenance, to provide funds for the purchase of one new trailer-mounted Thermoplastic Application System, and one new self-propelled asphalt maintainer for use in the Street Maintenance Department. Ordinance No. 30042-51490 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 14, 1990. Sincerely, ~..__ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. W. Robert Herbert, City Manager ~r. William F. Clark, Director of Public Works ~r. William L. Stuart, Manager, Street Maintenance Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. D. Darwin Roupe, Manager, General Services Ms. Arcelia B. Haston, Junior Accountant, Office Management and Budget of Room456 MunicipaIRuilding 215Church Avenue, $. W. Roanoke, Virginia 24011 (703)981-25~11 IN'r~ COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 14th day of May, 1990. No. 30042-51490. AN ORDINANCE to amend and reordain certain sections of the 1989-90 General 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 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriations Non-Departmental Equipment Replacement Contingency-General Fund (1) Public Works Street Maintenance (2) ............................ 1) Equip. Replacement Contingency 2) Other Equipment (001-002-9410-2202) (001-052-4110-9015) $(63,827) 63,827 $15,281,591 133,966 19,553,417 2,476,814 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Roanoke, Virginia May 14, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: I concur in the attached report concerning bids to purchase thermoplastic application system and asphalt maintainer, Bid Number 90-3-34. Respectfully submitted, W. Robert Herbert City Manager WRH/ga Roanoke, Virginia May 14, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: BIDS TO PURCHASE THERMOPLASTIC APPLICATION SYSTEM AND ASPHALT MAINTAINER BID NUMBER 90-3-34 BACKGROUND A. October 9, 1989, City Council designated funds in the Capital Maintenance and Equipment Replacement Program to provide for the purchase of necessary maintenance equipment. B. Evaluations were made of maintenance equipment on today's market that could produce a cost savings in labor and materials during Street Maintenance activities. C. Two items were found that would produce immediate results in the following activities. 1. Pavement Markings 2. Utility Cut Repairs and Reconstruction 3. Shoulder Maintenance 4. Pavement Failures D. Item # 1. Thermoplastic Application System would replace the current methods of applying stop bars, crosswalks, school crossings and directional arrows with preformed tape (cold plastic). Honorable Mayor and City Council Page 2 II. 1. Thermoplastic is estimated to save 30% over the current method in labor and 50% in material costs. 2. Material can be applied at a lower ambient temperature. E. Item # 2. Asphalt Maintainer is a mutiple function machine that contains features for most pavement maintenance needs. 1. Grindin~ wheel feature for milling rough pavement and low utility cuts. 2. Pavin~ attachment to overlay after the milling process is finished. 3. Shoulder widenin8 attachment for placing stone or top soil on low shoulders after street paving. F. March 8, 1990, specifications and request for quotations were sent to twelve (12) vendors currently shown on the City's bid list. A public advertisement was also published in the Roanoke Times and World News on March 11, 1990. G. Bids were received, after due and proper advertisement, until 2:00 p.m. on March 23, 1990, at which time all bids so received, were publicly opened and read in the Office of the Manager of General Services. CURRENT SITUATION A. Three (3) bid responses were received. Bid tabulation is attached. B. Ail bids received were evaluated in a consistent manner by repre- sentatives of the following departments. General Services Motor Vehicle Maintenance Street Maintenance Honorable Mayor and City Council Page 3 III. Ce B. R. Lee Industries was discovered to be the sole manufacturer of a combination Asphalt Maintainer with the aforementioned features, after several vendors were contacted, who did not bid on this unit. Bid evaluations are as follows: 1. Item # 1 - One (1) Trailer-Mounted Thermoplastic Application System. a. The lowest bid submitted by Pave-Mark Corp. took an ex- ception to the specifications, hoist system instead of a ramp to load and unload the thermoplastic applicator. This exception has been determined not to substantially affect price or quality and has been declared an informality as defined in Section 23.1-3 of the Code of the City of Roanoke. The total of the Trailer-Mounted Thermoplastic Application System is quoted at $17,210.00. 2. Item # 2 - One (1) Self-Propelled Asphalt Maintainer a. One (1) bid was received from Virginia Public Works Equipment Company for a total cost of $46,617.00. b. This unit is available under State contract with Virginia Public Works Equipment Company for the same cost as quoted to the City. ISSUES A. B. C. Need Compliance with Specifications Fund Availability Honorable Mayor and City Council Page 4 IV. ALTERNATIVES A. Council accept the lowest responsible bids for Thermoplastic Application System and Asphalt Maintainer as follows: 1. Item # 1 - One (1) New Trailer-Mounted Thermoplastic Application System as submitted by Pave-Mark Corp. for the total cost of $17,210.00. 2. Item # 2 - One (1) New Self-Propelled Asphalt Maintainer from Virginia Public Works Equipment Co. for the total cost of $46,617.00. a. Need - Requested items are necessary for the continuing street repair and construction program. b. Compliance with Specifications - Those units recommended in this alternative meets all required specifications. c. Fund Availability - Funds are available in the Capital Maintenance and Equipment Replacement Program. B. Reject all Bids. 1. Need - Necessary equipment would not be purchased. 2. Compliance with Specifications - Would not be a factor in this alternative. 3. Fund Availability - Designated funds would not be expended. RECOMMENDATION A. Council concur with Alternative "A" - accept the lowest responsible bids meeting specifications and authorize issuance of purchase orders for equipment as follows: Honorable Mayor and City Council Page 5 1. Item # 1 - One (1) New Trailer-Mounted Thermoplastic Application System as submitted by Pave-Mark Corp. for the total cost of $17,210.00. 2. Item # 2 - One (1) New Self-Propelled Asphalt Maintainer as submitted by Virginia Public Works Equipment Co. for the total cost of $46,617.00. Transfer $63,827.00 from General Fund Contingency Replacement Account No. 001-002-9410-2202 to Street Maintenance Department Account No. 001-052-4110-9015. WFC:WLS:DDR:rla pc: City Attorney Director of Finance Respectfully submitted, William F. Clark Director of Public Works m L. Stuart Manager of Street Maintenance D. Darwin Roupe Manager of General Services Office of the City Clerk May 16, 1990 File #472-144 Mr. Steven Russell Sales Coordinator Lodal-South, Inc. 1036 Branchview Drive Concord, North Carolina 28025 Dear Mr. Russell: I am enclosing, copy of Resolution No. 30044-51490 accepting the bid of Dempster Systems for furnishing and delivering one new recylclable hauler consisting of cab/chassis and body, in the total amount of $70,312.00. Resolution No. 30044-51490 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 14, 1990. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described equipment. Sincerely, .Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. Room456 MunlcipalBuilding 215Church Avenue,$.W. Roanoke, Virginia 24011 (703)981-2541 Office of the City C~erk May 16, 1990 File #472-144 Ms. Deborah M. Beck Corporate Secretary Cavalier Equipment Company P. O. Box 12507 Roanoke, Virginia 24026 Dear Ms. Beck: I am enclosing copy of Resolution No. 30044-51490 accepting the bid of Dempster Systems for furnishing and delivering one new recylclable hauler consisting of cab/chassis and body, in the total amount of $70,312.00. Resolution No. 30044-51490 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 14, 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. Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. Room456 MunicipalBuilding 215Chu[ch Avenue, S.W. Roanoke, Virginia 2a,011 (703)981-2541 Office of the City Clerk May 16, 1990 File #472-144 Mr. Larry Stone District Sales Manager Dempster Systems, Inc. P. O. Box 1388 Toccoa, Georgia 30577 Dear Mr. Stone: I am enclosing copy of Resolution No. 30044-51490 accepting the bid of Dempster Systems for furnishing and delivering one new recylclable hauler consisting of cab/chassis and body, in the total amount of $70,312.00. Resolution No. 30044-51490 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 14, 1990. Sincerely, .Mary F. Parker, C~tC/AAE City Clerk MFP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke. Virginia 24011 (703) 981-2541 Office of the City Clerk May 16, 199a File #472-144 Mr. Henry M. Faulkner Vice-President Sales Virginia Public Works Equipment Company 2207 TazeweZl Street Richmond, Virginia 23222 Dear Mr. Faulkner: I am enclosing copy of Resolution No. 30044-51490 accepting the bid of Dempster Systems for furnishing and delivering one new recylclable hauler consisting of cab/chassis and body, in the total amount of $70,312.00. Resolution No. 30044-51490 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 14, 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. Room 456 MunlcipaIBuilding 215 Church Avenue, S.W. Roanoi~e, Virginia 24011 (703)g81-2541 Office of the City Clerk May 16, 1990 File #472-144 Mr. L. A. Ross Sales Representative First Piedmont Corporation P. O. Box 1069 Chatham, Virginia 24551 Dear Mr. Ross: I am enclosing copy of Resolution No. 30044-$1490 accepting the bid of Dempster Systems for furnishing and delivering one new recylclable hauler consisting of cab/chassis and body, in the total amount of $70,312.00. Resolution No. 30044-51490 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 14, 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 Eric. Room456 MunicipalBuilding 215Church Avenue, $. W, Roanoke, Virginia 24011 (703)981-2541 Office of the City Clerk May 16, 1990 File #472-144 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30044-51490 accepting bid of Dempster Systems for furnishing and delivering one recylclable hauler consisting of cab/chassis and body, in total amount of $70,312.00. Resolution No. 30044-51490 adopted by the Council of the City of Roanoke at a meeting held on Monday, May 14, 1990. Sincerely, !) Mary F. Parker, CMC/AAE City Clerk the new the regular MFP:ra Enc. pc: Mr. William F. Clark, Mr. Donald E. Keaton, Mr. George C. Snead, Public Safety Mr. D. Darwin Roupe, Director of Public Works Manager, Refuse Collection Jr., Director of Administration and Manager, General Services Room456 MunicipalSuilding 215Church Avenue, $. w. Roanoke, Virgini;~ 24011 (703)981-2541 I~ THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14ch day of May, 1990. No. 30044-51490. A RESOLUTION accepting the bid of Dempster Systems made to the City for furnishing and delivering one new recyclables hauler consisting of cab/chassis and body; 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 Dempster Systems, made to the City, offering to supply one new recyclables hauler consisting of cab/chassis and body meeting all of the City's specifications and require- ments therefor, for the total bid price of $70,312.00, 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 amd 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 May 14, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: Bids on Recycling Truck, Bid Number 90-3-32 This is to concur in the Bid Committee's report relative to the above subject and recommend it to you for appropriate action. Respectfully submitted, W. Robert Herbert, City Manager WRH/DEK:mc pc: City Attorney Director of Finance Roanoke, Virginia May 14, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bids on Recycling Truck Bid Number 90-3-32 1. Background: A. February 20, 1990 Vehicular Equipment Program recycling truck. City Council designated funds in the to provide for the purchase of a new B. Bids were received, in the office of the Manager of General Services on March 23, 1990 at 2:00 p.m., at which time all bids so received were publicly opened and read. C. Bonds - performance bonds in the amount of the bid were specifically indentified in the specifications. II. Current Situation: A. Five (5) bid responses were received. Bid tabulation is attached. B. Ail bid responses were evaluated in a consistent manner by representation of the following departments: Refuse Collection Motor Vehicle Maintenance General Services C. The lowest bid, as submitted by Dempster Systems, took one (1) exception which is no stand up drive on left side. This exception does not substantially affect the price, quality, quantity or delivery schedule and is deemed to be an informality as provided for in section 23. 1-3 of the Code of the City of Roanoke. The bid, including delivery and performance bond, is for the total cost of $70,312.00. III. Issues: A. Need. B. Compliance with Specifications. C. Fund Availability. IV. Alternatives: Honorable Mayor and City Council Page 2 A. Council accept the low bid for one (1) new recyclable hauler cab/chassis and body as submitted by Dempster Systems for the total amount of $70r312.00. 1. Need - this alternative will provide for the purchase of a new recycling truck which is needed to start Recycling Program. 2. Compliance with specifications the bid as recommended in this alternative meets all city specifications with the exception of no stand up drive on left side. This exception does not substantially affect the price, quality, quantity or delivery schedule and is deemed to be an informality as provided for in section 23. 1-3 of the Code of the City of Roanoke. 3. Fund availability funds are available in the Refuse Collection Department, Vehicular Equipment, Account No. 001 052 4210 9010 for this purchase. B. Reject all bids. 1. Need necessary purchase of recycling truck would not be accomplished. 2. Compliance with specifications would not be a a factor in this alternative. 3. Fund availability funds designated for this purchase would not be expended. V. Recommendation: A. Council concur in Alternative "A" and accept the low bid for one (1) new cab/chassis and body from Dempter Systems for the total amount of $70,312.00 and reject all other bids. Respectfully submitted, Committee: William F. Clark Donald E. Keaton~-~ DEK:mc pc: City Attorney Director of Finance D. Darwin Roupe ~ Office of the City Clerk May 16, 1990 File #102 Mr. Walter T. Bain President Donald ~. Salvage, Inc. Po O. Box 423 Amherst, Virginia 24521 Dear Mr. Bain: I am enclosing copy of Ordinance No. 30046-51490 accepting the bid of Lanford Brothers Company, Inc., for rehabilitation of the deck of the Franklin Road Bridge over the tracks of the Norfolk and Western Railway, upon certain terms and conditions, in the total amount of $481,293.00. Ordinance No. 30046-51490 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, ~ay 14, 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 project. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703)9814541 Office of the City Clerk May 16, 1990 File #102 Mr. Alan G. Soltis Vice-President Lanford Brothers Company, P. O. Box 7330 Roanoke, Virginia 24019 ~nc. Dear Mr. Soltis: I am enclosing copy of Ordinance No. 30046-51490 accepting the bid of Lanford Brothers Company, Inc., for rehabilitation of the deck of the Franklin Road Bridge over the tracks of the Norfolk and Western Railway, upon certain terms and conditions, in the total amount of $481,293.00. Ordinance No. 30046-51490 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 14, 1990. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. Room 456 MunicipaIBuilding 215Church Avenue, $.W. Roanoke, Virginia 2~011 (703)981-2541 Office of the City Clerk May 16, 1990 File #102 Mr. Edmund Pendleton, Jr. President Pendleton Construction Company P. O. Box 549 Wytheville, Virginia 24382 Dear Mr. Pendleton: I am enclosing copy of Ordinance No. 30046-51490 accepting the bid of Lanford Brothers Company, Inc., for rehabilitation of the deck of the Franklin Road Bridge over the tracks of the Norfolk and Western Railway, upon certain terms and conditions, in the total amount of $481,293.00. Ordinance No. 30046-51490 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 14, 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 prelect. Sincerely, _~ Mary F. Parker, CliC/AAE City Clerk MFP:ra Enc. Room456 MunicipalBuilding 215Church Avenue, S.w. Roanoke, Virginia 24011 (703)981-2541 Office of the City Clerk May 16, 1990 File #102 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30046-51490 accepting the bid of Lanford Brothers Company, Inc., for rehabilitation of the deck of the Franklin Road Bridge over the tracks of the Norfolk and Western Railway, upon certain terms and conditions, in the total amount of $481,293.00; and authorizing the proper City officials to execute a Railway Force Account Agreement with Norfolk Southern Corporation, in the amount of $39,734.00. Ordinance No. 30046-51490 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 14, 1990. Sincerely, _~ Mary F. Parker, CMC/AAE City Clerk MFP:ra F, HC. pc: Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Room456 MunicipalBuildin9 215Church Avenue, S.W. Roanoke, Virginia 24011 (70:1)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1990. No. 30046-51490. AN ORDINANCE accepting the bid of Lanford Brothers Company for rehabilitation of the deck of the Franklin Road Bridge over the tracks of the Norfolk & Western Railway, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City offi- cials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; authorizing the proper City officials to execute a Railway Force Account Agreement with Norfolk Southern Corporation; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Lanford Brothers Company made to the City in the total amount of $481,293.00 for rehabilitation of the deck of the Franklin Road Bridge over the tracks of the Norfolk & Western Railway, such bid being in full compliance with the City's plans and specifica- tions made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifica- tions made therefor, said contract to be in such form as is approved by the City Attorney. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. 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, a Railway Force Account Agreement with Nor- folk Southern Corporation in the amount of $39,734.00 in connection with said project, such contract to be approved as to form by the City Attorney. 5. 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 May 16, 1990 File #60-102 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30045-51490 amending and reordaining certain sections of the 1989-90 Capital Fund Appropriations, providing for the appropriation and transfer of funds, in connection with award of a contract to Lanford Brothers Company, Incorporated, for rehabilitation of the Franklin Road Bridge over the N & W Railway, and execution of a Force Account Agreement with Norfolk Southern Corporation. Ordinance No. 30045-$1490 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 14, 1990f/~ Sincerely, ~ ~/ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. Mr. Mr. Mr. Ms. Ms. Management W. Robert Herbert, City Manager William F. Clark, Director of Public Works Charles M. Huffine, City ~ngineer Sarah E. Fitton, Construction Cost Technician Kit B. Kiser, Director of Utilities and Operations Dolores C. Daniels, Citizen8~ Request for Service Arcelia B. Haston, Junior Accountant, Office and Budget of Room 456 MunicipalSuilding 215 Church Avenue, S.w. Roanoke, Virginia 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 14th day of May, 1990. No. 30045-41490. AN ORDINANCE to amend and reordain certain sections of the 1989-90 Capital Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Fund and Roanoke that certain sections of the 1989-90 Capital Appropriations, be, and the same are hereby, amended reordained to read as follows, in part: Appropriations Streets and Bridges Franklin Road Bridge Rehabilitation (1) ............ Capital Improvement Reserve Capital Improvement Reserve (2) .................... Fund Balance $ 6,130,513 641,221 49,621,506 2,162,790 Reserved Fund Balance - Unappropriated (3) ......... $ -0- $ 593,221 ( 41,649) (551,572) 1) Appropriated from General Revenue (008-052-9602-9003) 2) Streets and Bridges (008-052-9575-9181) 3) Reserved F~nd Balance - Unappropriated (008-3325) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia May 14, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Rehabilitation of the Franklin Road Bridge Over N&W Railway Roanoke, Virginia II. Background: A. Annual Brid~e Inspection Report identified the need for bridge deck rehabilitation on Franklin Road over the N&W Railway. B. Franklin Road Brid~e Rehabilitation was approved by City Council as part of the 1988-1992 Capital Improvement Program. C. En~ineerin$ design services by Hayes, Seay, Mattern & Mattern, Inc. were approved by City Council on March 7, 1988. Current Situation is that engineering plans and specifications for the project were advertised on March 25, 1990 and bids were received on April 16, 1990 from: Lanford Brothers Company, Incorporated Pendleton Construction Corp. Donald H. Salvage, Inc. $481,293.00 $490,444.00 $525,000.00 mo Railway Force Account work will cost the City of Roanoke $39,734.00 for relocation of a communication pole line faci- lity, flagging and inspection. Bo Road closures will be limited to the northbound exit ramp of the Route 220 Expressway during one (1) weekend (Saturday and Sunday). Walnut Avenue and Main Street Bridse rehabilitations provide a historical basis for the required contingency to cover the cost of replacing structurally deficient, sub-surface concrete. Therefore, we recommend a contingency for this project of $72,194.00 (15%). Page 2 III. Issues: A. Amount B. Timing C. Availability of funding IV. Alternatives: Award a unit price contract to Lanford Brothers Company, Incorporated in the amount of $481~293.00 and provide $39,734.00 for Railway Force Account and $72,194.00 for contingency. 1. Amount of bid, $481,293.00, is less than the Engineer's Estimate of $760,000.00. Timing for this work is such that bids are extremely competitive. To delay and re-bid would likely result in increased costs. o Availability of funding exists in Capital Improvement Reserve Account Number 008-052-9575-9181 and FY 90 Capital Fund Interest. Bo Do not award a unit price contract to Lanford Brothers Company, Incorporated in the amount of $481,293.00 and do not provide $39~734.00 for Railway Force Account and $72,194.00 for contingency. 1. Amount of bid, $481,293.00, is less than Engineer's Estimate. 2. Timing for future bids do not insure as competitive of a bid market. 3. Availability of funding will remain in Capital Improvement Reserve and FY 90 Capital Fund Interest. V. Recommendation: Authorize the City Manager to execute a unit price contract with Lanford Brothers Company, Incorporated in a form approved by the City Attorney for $481~293.00 and execute a Force Account Agreement with Norfolk Southern Corporation in a form approved by the City Attorney for $39,734.00. Page 3 Bo Appropriate and authorize transfer of funds from the following accounts: $41,649.00 from Capital Improvement Reserve Account Number 008-052-9575-9181 $551,572.00 from FY 90 Capital Fund Interest to account number 008-052-9602-9003 entitled "Franklin Road Bridge Rehabilitation". Respectfully submitted, Chairman William F. Clark Kit B. Kiser RAG/JAP/mm Attachment: Tabulation of Bids CC: City Attorney Director of Finance City Engineer Citizens' Request for Service Construction Cost Technician TABULATION OF BIDS REHABILITATION OF THE FRANKLIN ROAD BRIDGE OVER N&W RAILWAY ROANOKE, VIRGINIA JOB NUMBER 6136 Bids opened before Roanoke City Council at 2:00 p.m. on Monday, April 23, 1990 CONTRACTOR BASE BID Lanford Brothers Company, Incorporated $481,293.00 Pendleton Construction Corp. $490,144.00 Donald H. Selvage, Inc. $525,000.00 Construction Time - 180 Consecutive Calendar Days Engineer's Estimate - $760,000.00 William F. Clark Kit B. Kiser Office of City Engineer Roanoke, Virginia May 14, 1990 Roanoke, Virginia May 14, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Rehabilitation of the Franklin Road Bridge Over N&W Railway Roanoke, Virginia I concur with the recommendations of the attached Bid Committee Report. Respectfully submitted, W. Robert Herbert City Manager WRH/JAP/mm Attachment: Bid Committee Report CC: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations City Engineer Citizens' Request for Service Construction Cost Technician Office of the City Clerk April 25, 1990 File #102 Hr. Robert A. Garland, Chairman ) ~r. William F. Clark ) Con'~littee ~r. Kit B. Kiser ) Gentlemen: The following bids for rehabilitation of t~e Franklin Road Bridge, were opened and read before the Council of the City of Roanoke at a regular meeting held on ~onday, April 23, 1990: BIDDER BASE BID TOTAL Lanford Brothers Company, Inc. Pendleton Construction Company Donald H. Selvage, Inc. $481,293.00 490,444.00 525,000.00 On motion, duly seconded and adopted, the bids were referred to you for tabulation, report and recommendation to Council. Sincerely, ~ ~4ary F. Parker, CMC/.4AE City Clerk MFP:ra pc: ~r. Wilburn C. Dibling, Jr., City Attorney Room456 Muni¢ipalBuilding 215Church Avenue, S.W. Roanoke. Vi;ginia 24011 (703)981-2541 Office of the City Clerk 10, 1990 File #24A-79 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30027-51490 amending and reordaining §32-190, Levied; amount, Code of the City of Roanoke (1979), as amended, to establish a new cigarette tax rate of $.005 per cigarette, effective July 1, 1990. Ordinance 30027-51490 was adopted by the Council of the City of Roanoke on first reading on Monday, May 7, 1990, also adopted by the Council on second reading on Monday, May 14, 1990, and will take effect on and after July 1, 1990. Sincerely, ~ Mary F. Parker, C"MC/AAE City Clerk MFP:ra pc: The Honorable Roy B. Willett, Chief Judge, Circuit Court The Honorable Clifford R. Weckstein, Judge, Circuit Court The Honorable Diane McQ. Strickland, Judge, Circuit Court The Honorable Kenneth E. Trabue, Judge, Circuit Court 305 East Main Street, Salem, Virginia 24153 The Honorable G. O. Clemens, Judge, Circuit Court, P. O. Box 1016, Salem, Virginia 24153 The Honorable Philip Trompeter, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Fred L. Hoback, Jr., Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court Room 456 Municipal Building 215 Chu;ch Avenue, S.W. Roanoke, Virginia 24011 (703) 981-25al Mr. W. Robert May 16, 1990 Page 2 Herbert pc: The Honorable Edward S. Kidd, Jr., Chief Judge, District Court The Honorable Julian H. Raney, Jr., Judge, General Court The Honorable Richard C. Pattisal, Judge, General Court The Honorable Patsy Testerman, Clerk, Circuit Court Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Mr. Ronald Albright, The Honorable Donald The Honorable Jerome The Honorable Gordon Mr. Raymond F. Leven, General District District Clerk, General District Court S. Caldwell, Commonwealth's Attorney S. Howard, Jr., Commissioner of Revenue E. Peters, City Treasurer Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Mr. Bobby D. Casey, Office of the Magistrate, P. O. Box 13867, Roanoke, Virginia 24037 Ms. Clayne M. Calhoun, Law Librarian Mr. Robert L. Laslie, Vice President Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32304 IN THE COUNCIL OF THE CITY OF ROANOKE, The 14th day of May, 1990. No. 30027-51490. VIRGINIA, AN ORDINANCE amending and reordaining §32-190, Levied; amount, Code of the City of Roanoke (1979), as amended, to establish a new cigarette tax rate of $.005 per cigarette; and providing for an effective date. BE IT ORDAINED by the Council of the City of 1. Section 32-190, Levied; amount, Code of (1979), as amended, is amended and reordained as Roanoke that: the City of Roanoke follows: §32-190. Levied; amount. In addition to all other taxes of every kind now imposed by law, there is hereby levied and imposed by the City, upon each and every sale of cigarettes, a tax equivalent to $.005 per cigarette (five mills per cigarette) sold within the City, the amount of such tax to be paid by the seller in the manner and at the time prescribed in this article. 2. This ordinance shall be in full force and effect on and after July 1, 1990. ATTEST: City Clerk. Office of the City Clerk May 16, 1990 File #24A-79 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30028-51490 amending and reordaining Article III, Tax on Tangible Personal Property Generally, of Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, by the addition of new §§32-104.1, Assessment date; situs, 32-108.1, Proration of personal property tax - Generally, 32-108.2, Proration as to mobile homes, and by the amendment of §32-106, Penalties and interest on delinquen- cies Generally, and subsection (a) of §32-108, Taxpayer's return - Generally, such new and amended sections establishing a system of proration of personal property tax applicable to motor vehicles, trailers and boats, providing special rules for mobile homes, defining "tax day" and "situs", requiring the filing of returns and providing for penalties and interest as to late payments, effective January 1, 1991. Ordinance No. 30028-51490 was adopted by the Council of the City of Roanoke on first reading on Monday, May 7, 1990, also adopted by the Council on second reading on Monday, May 14, 1990, and will take effect on and after January 1, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: The Honorable Roy B. Willett, Chief Judge, Circuit Court The Honorable Clifford R. W~ckstein, Judge, Circuit Court The Honorable Diane McQ. Strickland, Judge, Circuit Court RoomaS6 Municipal8uilding 215Church Avenue, S.W. Roanoke, Virginia 2;1011 (703)981-2541 Mr. W. Robert Herbert May 16, 1990 Page 2 pC: The Honorable Kenneth E. Trabue, Judge, Circuit Court 305 East Main Street, Salem, Virginia 24153 The Honorable G. O. Clemens, Judge, Circuit Court, P. O. Box 1016, Salem, Virginia 24153 The Honorable Philip Trompeter, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Fred L. Hoback, Jr., Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Edward S. Kidd, Jr., Chief Judge, General District Court The Honorable Julian H. Raney, Jr., Judge, General District Court The Honorable Richard C. Pattisal, Judge, General District Court The Honorable Patsy Testerman, Clerk, Circuit Court Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Mr. Ronald Albright, Clerk, General District Court The Honorable Donald S. Caldwell, Commonwealth's Attorney The Honorable Jerome S. Howard, Jr., Commissioner of Revenue The Honorable Gordon E. Peters, City Treasurer Mr. Raymond F. Leven, Public Defender, Suite 4B. Southwest Virginia Building, Roanoke, Virginia 24011 Mr. Bobby D. Casey, Office of the Magistrate, P. O. Box 13867, Roanoke, Virginia 24037 Ms. Clayne M. Calhoun. Law Librarian Mr. Robert L. Laslie, Vice President - Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32304 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1990. No. 30028-51490. AN ORDINANCE to amend and reordain Article III, Tax on Tan$ible Personal Property Generally, of Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, by the addition of new §§32-104.1, Assessment date; situs, 32-108.1, Proration of personal property tax - Generally, 32-108.2, Proration as to mobile homes, and by the amend- ment of §32-106, Penalties and interest on delinquencies - Generally, and subsection (a) of §32-108, Taxpayer's return - Generally; such new and amended sections establishing a system of proration of personal property tax applicable to motor vehicles, trailers and boats, provid- ing special rules for mobile homes, defining "tax day" and "situs", requiring the filing of returns retest as to late payments; and January 1, 1991. and providing for penalties and in- providing for an effective date of BE IT ORDAINED by 1. Article III, Chapter 32, Taxation, the Council of the City of Roanoke as follows: Tax on Tangible Personal Property Generally, of Code of the City of Roanoke (1979), as amended, is amended and reordained by the addition of the following new sec- tions: §32-104.1. Assessement date; situs. (a) Except as provided in §§32-108.1 and 32-108.2, all property taxable under §32-104 of this Article shall be assessed as of January i of each calendar year which date shall be the effective date of assessment and known as the "tax day." (b) The situs for the assessment and taxation of tangible personal property, merchants' capital and machinery and tools shall be determined pursuant to §58.1-3§11, Code of Virginia (1950), as amended. §32-108.1. Proration of personal property tax - Generally. Effective January 1, 1991, the personal property tax assessed against motor vehicles, trailers and boats shall be prorated for the period of time the property has its tax situs in the City, or is owned by any person within the City, as follows: (a) For property which acquires or loses a tax situs within the City after January i of any year, the personal property tax shall be prorated on a monthly basis. (b) For purposes of proration, a period of one- half (1/2) month or longer shall be counted as a whole month, and a lesser period shall not be counted as any portion of a month. (c) Whenever title to any such property is trans- ferred to a new owner within the City after January 1 of any year, the personal property tax to be paid by the seller and purchaser on such property shall be prorated on a monthly basis from the time of the sale. (d) Any person who is relieved of liability for any taxes by the preceding subparagraphs may receive a credit against any personal property taxes outstanding against such person, a credit upon any taxable proper- ty newly transferred to such person or a refund as to personal property tax already paid on such property, at the option of the taxpayer, upon application to the Com- missioner, provided that application is made within one (1) year from the last day of the tax year during which the property lost its tax situs or was transferred to a new owner. A credit shall be extended or refund made within thirty (30) days after the determination of the Commissioner that the application should be granted. (e) When any personal property acquires a tax situs in the City after January 1, or is transferred to a new owner in the City after January 1, the owner or purchaser of the property shall declare such pro- perty with the Commissioner within thirty (30) days of the purchase or the acquisition of the tax situs, and the Commissioner shall assess such property pursuant to subsection (a) of this section. Any such tax shall be due and payable within thirty (30) days after pre- sentation or mailing of such tax bill by the Treasurer, or ~ay 31 of the tax year, whichever shall occur later. (f) No such prorated tax shall be assessed against any property for any year or portion of a year for which a property tax on the same property has been paid to any other jurisdiction of the Commonwealth, provided that the taxpayer shall be responsible for providing evidence that such a tax has been paid and not refunded in whole or in part by another jurisdiction in the Commonwealth. $32-108.2. Proration as to mobile homes. (a) All vehicles without motive power, used or designed to be used as mobile homes as defined in $36-71(4), of the Code of Virginia (1950), as amended, shall constitute a separate classification of personal property taxation separate from other classifications of tangible personal property; provided, however, the ratio of assessment and the rate of tax shall be the same as that applicable to real property in the City. (b) Whenever a mobile home, as defined in $36-71(4), Code of Virginia (1950), as amended, is delivered or moved into the City after January 1, and is used as a place of full-time residence by any per- son, the Commissioner shall quarterly prorate any property taxes which would have been collectible had such mobile home been situated in the City on January 1 of that year. (c) Whenever a mobile home, as defined in §36-71(4), Code of Virginia (1950), as amended, is delivered or moved into the City after the tax day, the Commissioner shall, after assessing the mobile home and ascertaining the proper amount of tax due, certify the assessment to the Treasurer who shall notify the taxpayer as soon as practicable of the amount of the tax owed. Such tax shall be paid within thirty (30) days from the date of such notice. The Treasurer shall assess the applicable penalty and interest on all such unpaid taxes as provided for in $32-106 of this Article. (d) No mobile home which has been in use as a place of residence shall be moved from the City until the owner has acquired a tax permit from the Treasurer. The Treasurer shall not issue such permit until such owner has paid to the City all local property taxes assessed or assessable against the mobile home. Such permit shall expire in forty-five (45) days and shall be conspicuously displayed on the left center of the rear of the mobile home at all times when such mobile home is being transported. Any dealer in mobile homes or secured party who removes a mobile home from the City on account of repossession or other operation of law shall notify the Commissioner before such removal. 2. Section 32-106, Penalties and interest on delinquencies Generally, and subsection (a) of $32-108, Taxpayer's return - General- ly, of Article III, Tax on Tan$ible Personal Property - Generally, are amended and reordained as follows: $32-106. Penalties and interest on delinquencies - Generally. (a) Any person who shall fail to pay to the Treasurer, on or before the date due as provided by this Article, the whole of the tax imposed under this Article for any tax year shall be assessed by the Treasurer and shall pay, along with such tax, a penalty of ten (10) percent of such unpaid tax. (b) In addition to such penalty, interest at the rate ten (10) percent per annum shall be due on such unpaid taxes and any penalty assessed thereon commencing on the first day of the month following the month in which such taxes are due until paid. Interest at the rate established pursuant to $6621 of the Internal Revenue Code of 1954, as amended, or ten (10) percent per annum, whichever is greater, shall apply to the second and subsequent years of delinquency. $32-108. Taxpayer's return - Generally. (a) Every person owning any of the property taxable under $32-104 of this Article and having its situs in this City on the tax day shall file a tangible personal property tax return with the Commissioner on forms prescribed there- for on or before February 15 of each year. 3. This ordinance shall be in full force and effect on and after January 1, 1991. ATTEST: City Clerk. Office of the City Clerk May 16, 1990 File #24A-79 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: adopted by the and will take reading. I am attaching copy of Ordinance No. 30029-51490 amending and reordaining §20-31, When tax payable, Code of the City of Roanoke (1979), as amended, to provide for a grace per/od during which to pay any motor vehicle, trailer or semi-trailer license fee when such property acquires a situs in the City after January 1 of any year. Ordinance No. 30029-51490 was adopted by the Council of the City of Roanoke on first reading on Monday, May 7, 1990, also Council on second reading on Monday, May 14, 1990, effect ten days following the date of its second Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc o pc: The Honorable Roy B. Willett, Chief Judge, Circuit Court The Honorable Clifford R. Weckstein, Judge, Circuit Court The Honorable Diane McQ. Strickland, Judge, Circuit Court The Honorable Kenneth E. Trabue, Judge, Circuit Court 305 East Main Street, Salem, Virginia 24153 The Honorable G. O. Clemens, Judge, Circuit Court, P. O. 1016, Salem. Virginia 24153 The Honorable Philip Trompeter. Chief Judge, Juvenile Domestic Relations District Court The Honorable Fred L. Hoback, Jr., Judge. Juvenile Domestic Relations District Court Box and and Roorn456 MunicipalBuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 Mr. W. Robert May 16, 1990 Page 2 Herbert pc: The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Edward S. Kidd, Jr., Chief Judge, General District Court The Honorable Julian H. Raney, Jr., Judge, General District Court The Honorable Richard C. Pattisal, Judge, General District Court The Honorable Patsy Testerman, Clerk, Circuit Court Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Mr. Ronald Albright, Clerk, General District Court The Honorable Donald S. Caldwell, Commonwealth's Attorney The Honorable Jerome S. Howard, Jr., Commissioner of Revenue The Honorable Gordon E. Peters, City Treasurer Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Mr. Bobby D. Casey, Office of the Magistrate, P. O. Box 13867, Roanoke, Virginia 24037 Ms. Clayne M. Calhoun, Law Librarian Mr. Robert L. Laslie, Vice President Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32304 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1990. No. 30029-51490. AN ORDINANCE amending and reordaining S20-31, When tax payable, Code of the City of Roanoke (1979), as amended, to provide for a grace period during which to pay any motor vehicle, trailer or semi-trailer license fee when such property acquires a situs in the City after January 1 of any year. BE IT ORDAINED by the Council of the City of Roanoke that S20-31, When tax payable, Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: §20-31. When tax payable. When any motor vehicle, trailer or semi- trailer, upon which an annual license tax is imposed pursuant to §20-28 of this Article, has its situs in the City on January 1 of any year, the license tax imposed by this Article shall be paid between April 15 and May 31 of the same year. When any motor vehicle, trailer or semi- trailer, upon which an annual license tax is imposed pursuant to §20-28 of this Article, ac- quires its situs in the City after January 1 of any year, the license tax imposed by this Article shall be paid within thirty (30) days of acquisi- tion of situs or by May 31 of the same year, whichever shall occur later. For purposes of this Article, "situs" shall be determined pursuant to §46.2-752, Code of Virginia (1950), as amended. ATTEST: City Clerk. Office of the City Clerk May 15, 1990 File #2-207 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30047-51490 agreeing to the sale of an industrial building within the Roanoke Centre for Industry and Technology by the Greater Roanoke Valley Development Foundation to Quibell Corporation, and authorizing the execution of an agreement and any necessary ancillary documents to defer payment of a portion of the sale price due the City from the City of Roanoke Redevelopment and Housing Authority. Resolution 30047-51490 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 14, 1990. Mary F. Parker, C[~/AAE City Clerk MFP:ra Enc. pc: Mr. Ronald S. Quibeil, President, Quibell Corporation, 2610 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, g. W., Roanoke, Virginia 24017 Mr. Joel M. Schlanger, Director of Finance Mr. Brian J. Wishneff, Chief of Economic Development Room 456 MunicipaIBuilding 215 Church Avenue, S.w. Roanoke, Virginia 24011 (703)981-2541 May 14, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Sale of Shell Building to Quibell Corporation I. Background: A. By Ordinance No. 28735, dated July 27, 1987, City Council authorized the execution of an agreement (attached) dated August 1, 1987, between the City, The Roanoke Redevelopment and Housing Authority (RRHA), and the Greater Roanoke Valley Development Foundation pertaining to the construction of a "shell building" in the Roanoke Centre for Industry and Technology. Bo The Agreement provides that the City and the Foundation shall approve the price and other terms of sale of the "shell building", "provided, however, that the City will not unreasonably withhold its consent to a bonafide offer." (Paragraph 4,C of attached agreement). The City conveyed to the RRHA a 13.7 acre industrial site in the Centre for Industry and Technology known as Site 10, valued at $14,000 ~er acre. The purchase price for the land was deferred until the "shell building" was sold. Pursuant to Section 3 of the agreement, upon the City's request, the RRHA was to defer, renegotiate, or forgive any portion or all of the purchase price for the land. II. Current Situation: ao Offer was received April 10, 1990 from Quibell Corporation in the amount of $1,289,000 with $80,000 being deferred for five years at no interest. An agreement must be executed between Quibell and RRHA, to defer and take payment of the $80,000. During the deferral period RRHA will hold a second mortgage against the real estate and the equipment located thereon. A separate agreement between RRHA and the City must be executed in which RRHA agrees to pay to the City the $80,000 it receives from Quibell and to assign to the City its rights in the Second Deed of Trust and Financing Statement. City will receive approximately $111,000 at the closing and the balance of $80,000 in five years for the cost of the land. This Agreement dated as of August 1, 1987 by and between the City of Roanoke, Virginia, a political subdivision of the Commonwealth of Virginia (the City); the City of Roanoke Redevelopment and Housing Authority, a political subdivision of the Commonwealth of Virginia (the Housing Authority); and the Greater Roanoke Valley Development Foundation, a non-stock, non-profit organization, organized under the laws of the Commonwealth of Virginia (the Foundation); W I TNE S S E T H: WHEREAS, each party to this Agreement is vitally interested in and committed to the industrial and economic development of the City of Roanoke, Virginia and, in particular, in attracting qualified enterprises to locate in the City of Roanoke, Virginia; and WHEREAS, the City has, under the able leadership and direction of the City's Economic Development Commission, developed many industrial sites in the City, including but not limited to the Roanoke Centre for Industry and Technology; and WHEREAS, all parties have determined that it would be helpful and expedient to industrial development in the City to have available to an industrial prospect a partially completed industrial building (the Project) for immediate or near-immediate occupancy; and WHEREAS, it is apparent that private interests are not developing such a facility. NOW THEREFORE, the parties hereto, in order to advance and enhance the economic development and ability of the City to attract qualified enterprises to locate or remain in the City, agree as follows: 1. The City will subdivide, donate and convey to the Housing Authority a 13.7 acre industrial site in the Centre for Industry and Technology known as Site 10, as yet unsubdivided, valued at $14,000.00 per acre, and more fully described in the attached Exhibit A (the Land), subject to recorded restrictions including the restrictive covenants recorded in Deed Book 1495, page 1797, in the Office of the Clerk of the Circuit Court of the City of Roanoke, to the Housing Authority for purposes of developing the Project. (a) The City will promptly have the Property surveyed and subdivided; (b) The Property, not having been purchased with federal funds, will not be subject to federal requirements arising from source of funds used by the City; (c) Water and sewer utilities will be available to the Project within the adjacent public street, such water to be at least 85 p.s.i, static pressure, 65 p.s.i, residual, at 2500 g.p.m.; and, (d) The Property will have adequate public road access; curb and gutter will be present in the public right of way. 2. (a) The Housing Authority will immediately, upon conveyance to it of the Land by the City, sell for a deferred consideration of $14,000.00/acre, and convey the Land to the Foundation for improvement and development as an industrial site. (b) The Foundation agrees to improve and develop the Property for sale or lease as an industrial site in accordance with the provisions hereof. 3. The purchase price for the Land will be deferred until the Project is sold, without security or interest or other carrying charges. Upon the City's request, the Housing Authority will defer, renegotiate or forgive any portion or all of the purchase price for the Land. Authority Project: The parties agree that the City and the Housing will maintain the following controls over the (a) The City, the Housing Authority and the Foundation shall approve the site plan, building size and configuration; (b) The City shall be responsible for (including funding) the marketing of the Project. All promotional materials and listings with the State economic development agency, realtors, and location consultants would show the City Office of Economic Development as contact point. All prospect inquiries would come to the City Office of Economic Development, and in turn, the City Office of Economic Development would be present at all building showings. After initial showings, the City, the Housing Authority, the Foundation and the Economic Development Commission will determine the desirability of a prospect. (c) The price and other terms of sale of the Project shall be agreed to by the City and the 2 Foundation; PROVIDED, however, that the City will not unreasonably withhold its consent to a bonafide offer. The parties agree that it would be unreasonable for the City to withhold its consent if 25% or more of the net worth of the Foundation were exposed to the claims of the financial institutions referred to in paragraph 5. (even though only the Project is being subjected to the lien of the financial institutions), in which event the City will be given full access to the Foundation's books and records. 5. The Foundation has contracted with a consortium of financial institutions to provide an estimated 1.2 million dollar construction and interest reserve loan (the Loan) and will be the conduit borrower through which construction funds are made available for the construction of the industrial building. 6. Immediately upon conveyance of the Land by the Housing Authority to the Foundation, and upon availability of funds to the Foundation, the Foundation will proceed to have constructed on the Land a minimum 70,000 square foot industrial building in accordance with plans and specifications to be prepared by the Foundation and approved by the City and the Housing Authority. 7. The Housing Authority will fully cooperate with the City and the Foundation in all aspects and phases of the acquisition, construction, marketing and selling of the Project. The Housing Authority warrants that no lien or claim of any of its creditors will attach to the Project. The Housing Authority agrees to execute and deliver such documents as may be requested by the Foundation in order to assist the Foundation in obtaining the Loan. 8. Neither the City nor the Housing Authority shall have any obligation or responsibility for repayment of the financing arranged by the Foundation, or for the payment of any interest thereon. 9 Upon the sale of the Project, the sales proceeds shall ~e made available to the following parties in the following order or priority: (a) To the Foundation, the outstanding principal balance and all interest accrued under the Loan and all out-of-pocket costs required by the Loan; (b) To the Foundation, the amount of payments to the general contractor for the Project for labor and materials not paid from proceeds of the Loan; (c) To the Foundation and the Housing Authority, t~e© rata, all other costs of the Project, including cost of the Land. Any proceeds received by the Housing Authority for the Land shall be paid to the City. After payment or provision for all of the foregoing, all remaining sales proceeds shall be paid to the Foundation to be used for further industrial development in the City. 10. Ail undertakings, covenants and agreements herein shall survive the execution and delivery of deeds contemplated hereby. WITNESS the following signatures: ATTEST: City Clerk THE CITY OF ROANOKE, VIRGINIA City Manager CITY OF ROANOKE DEVELOPMENT AND HOUSING AUTHORITY Chairman - A~$t~t C~ GREATER ROANOKE VALLEY DEVELOPMENT FOUNDATION President STATE OF VIRGINIA ) ) to-wit: CITY OF ROANOKE ) The foregoing Agreement was acknowledged before me by ~. ~--~ ~--.u.-~- , City Manager of the City of Roanoke, Virginia, this 9~ day of ~-~._D , 1987. Notary Public My commission expires: STATE OF VIRGINIA ) ) to-wit: CITY OF ROANOKE ) ~The foregging, Agreement was. acknowledged, before me by /.~u.$~ .~, ~.~t~C% r , Chairman of the q~t~ of Roanoke ~Rede~e%opment and Housing Authority, this _~ day of Notary Public My commission expires: STATE OF VIRGINIA ) ) to-wit: CITY OF ROANOKE ) The foregoing Agreement was acknowledged before me by ~ ~ ~.,~ ~-/~. , President of the Greater Roanoke Valley Development Foundation, this ..~ ~L da of ~A~ , 1987. ? Notary ~tic ~ My commission expires: 5 EXHIBIT A REHAINING PARCEL 1 13.700 CURVE DATA. ANG. ZI°25'02 RAD. 420.00' TAN. 301,90' ARC 523.$2' CH. N??°44'40'~ 490.2B'! / I / / ACRES I / I / / / I I / / I I I I I 50' PUBLIC UTILITY EASEHENT (UNDERGROUND ONLY) I / / / // / CITY OF ROANOKE EXHIBIT OF A PORTION OF PARCEL I. SECTION 2 ROANOKE CENTRE FOR INDUSTRY & TECHNOLOGY HAP BOOK I, PAGE 629 THE CITY OF ROANOKE, ViRGiNIA SCALE, I' ' 200' DATEr NOV, 2,1987 HATTER# & 701 FIRST STREET ROANOKE, VIRGINIA 24016 COMM# 8! 5 Office of the City Clerk May 23, 1990 File #40 Mr. W. Robert Herbert City Manager Roanoke, Virginia Mr. Alton B. Prillaman, Chairman Roanoke City Electoral Board P. O. 8ox 2865 Roanoke, Virginia 24001 Gentlemen: At the regular meeting of on ~onday, May 14, 1990, possibility of relocating the Council of the City of Roanoke held you were requested to investigate the the Lee-Hi Voting Precinct. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra pc: Ms. Sharon L. Carrington. Registrar Room 456 MunicipalOuilding 215Church Avenue,$.W. Roanoke, Vi;ginia 2;1011 (703)981-2541